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LEGAL AID

 RIGHT TO FREE LEGAL AID

BY NUPUR GARG

INTRODUCTION

egal Aid which means giving free legal services to the poor and needy who are unable to

afford the services of an advocate for the conduct of a case or a legal proceeding in any court,

tribunal or before a Judicial authority.

The preamble of the Indian constitution basically aims to secure to the people of India justice

– socio economic and political. His Lordship Justice P.N. Bhagwati aptly stated that legal aid

means providing an arrangement in the society which makes the machinery of administration

of Justice easily accessible and in reach of those who have to resort to it for enforcement of

rights given to them by law. Article 38(1) avows that the State shall promote the welfare of

the people by securing and protecting the social order including justice. Article 21 clearly

says that every person has an equal right to life and liberty except according to the procedure

established by the law. The State shall secure that the operation of the legal system promotes

justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by

suitable legislation or schemes or in any other way, to ensure that opportunities for securing

justice are not denied to any citizen by reason of economic or other disabilities.

In Sheela Barse vs. State of Maharashtra, it was held that legal assistance to a poor accused

who is arrested and put in jeopardy of his life or personal liberty is constitutional imperative

mandated not only by article 39-A but also by article 21 and 14 of the constitution.

NATIONAL LEGAL SERVICE AUTHORITY (NALSA)

The National Legal Services Authority (NALSA) has been constituted under the Legal

Services Authorities Act, 1987 to monitor and evaluate the implementation of legal services

accessible under the Act. The NALSA issues rules for the State Legal Services Authorities to

actualize the Legal Aid Programs and plans all through the nation.

Principally, the State Legal Services Authorities, District Legal Services Authorities, Taluka

Legal Services Authorities, Taluka Legal Services Committees, etc. have been asked to

discharge the following two main functions regularly:

1. To Provide Free Legal Services to the qualified people; and

2. To organize Lok Adalat for amicable settlement of disputes.

In each State, a State Legal Services Authority and in each High Court, a High Court Legal

Services Committee has been constituted. District Legal Services Authorities and Taluka

Legal Services Committees have been established in the districts and a large portion of the

Talukas to offer impact to the approaches and headings of the NALSA and to give free lawful

administrations to the general population and direct Lok Adalat in the State. The State Legal

Services Authorities are led by Hon’ble Chief Justice of the individual Districts and the

Taluka Legal Services Committees are led by the Judicial Officers at the Taluka Level.

Preeminent Court Legal Services Committee has been constituted to administer and

implement the legal services program to the extent that it relates to the Supreme Court of

India.


ELIGIBILITY TO GET FREE LEGAL AID IN INDIA

As per Section 12 of the Legal Services Authority Act any person who falls within any

criteria as mentioned below shall be eligible for legal aid:

1. member of Scheduled Caste or Scheduled Tribe;

2. a victim of trafficking in human beings or beggar as referred to in Article 23 of the

Constitution; download (5)

3. a woman or a child;

4. a person with disability as defined in Section 2(i) of the Persons with Disabilities

(Equal Opportunities, Protection of Rights and Full Participation) Act, 1995;

5. a person under circumstances of underserved wants such as being a victim of a mass

disaster, ethnic, violence, caste atrocity, flood, drought, earthquake or industrial

disaster;

6. an industrial workman;

7. a person in custody, including custody in a protective home (Section 2(g) of the

Immoral Traffic (Prevention) Act, 1956), or in a juvenile home (Section 2 (j) of the

Juvenile Justice Act, 1986), or in a psychiatric hospital or psychiatric nursing home

(Section 2(g) of the Mental Health Act, 1987);

8. a person who receives an annual income less than rupees nine thousand or such other

higher amount as may be prescribed by the State Government, if the case is before a

court other than the Supreme Court, and less than rupees twelve thousand or such

other higher amount as may be prescribed by the Central Government, if the case is

before the Supreme Court.

HOW TO GET FREE LEGAL AID IN INDIA?

1. Through bodies constituted by legal service authority act.

2. Pro Bono cases

3. Legal aid clinics

4. Legal service clinics in law universities/ colleges

5. Non-Governmental organizations

6. Online forums

CONCLUSION

Free legal advice is available to the people in need by various public and private institutions.

The importance of free legal aid has been duly recognized by various provisions of the Indian

Constitution and other legislations in India. The most important article with respect to Free

Legal Aid is A.39A read with A.21 of the Constitution which makes it a duty of the state to

provide free legal aid to those who need it and associates it with the right to life. The

government of India enacted the Legal Services Authorities Act in 1987 to specify the

eligibility criteria to avail free legal aid, to provide for various institutions responsible for

providing it and various other provisions with respect to legal aid. Privately, lawyers, law

firms, law schools, NGOs, etc., have been witnessed to be active in providing free legal

advice.

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