Free Legal aid services to poor and marginalized draws statutory mandate from Legal Services Authorities Act, 1987. However, Legal aid services finds its genesis in the articles of Constitution itself. Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society and mandates ensuring justice for all. Articles 14 and 22(1) of the Constitution also make it obligatory for the State to ensure equality before law and an equitable legal system.
The Legal Services
Authorities Act, 198, was enacted by the Parliament which came into force on
9th November, 1995. The Act aims establishing a nationwide uniform network for
providing free legal services to the weaker sections of the society in the
constitutional spirit of equal opportunity to all citizens. The National Legal
Services Authority (NALSA) was constituted under the Legal Services Authorities
Act, 1987 for effective implementation of its provisions.
NALSA and SCLSC and Role in Legal Aid Services
NALSA as the Apex body
of guaranteeing free legal Aid in the country has been constituted u/s. 3 of
LSA, Act 1987. It is responsible for
monitoring & evaluation of legal aid programmes and to lay down policies
for making legal services accessible to all. NALSA is also responsible for framing
effective and economical schemes for legal services. It also disburses funds
and grants to State Legal Services Authorities and NGOs for implementing legal
aid schemes and programmes. The Chief Justice of India is ex-officio
Patron-in-Chief of NALSA. A serving or retired Judge of the Supreme Court to be
nominated by the President, in consultation with the Chief Justice of India, serves
as the Executive Chairman. Suitable number of members are nominated by the
government in consultation with the Chief Justice of India. The Central
Government in consultation with the Chief Justice of India, also appoints a
person to be the Member-Secretary of the Central Authority.
SCLSC (Supreme Court Legal
Services Committee) is responsible for the matters requiring legal aid and
relating to Supreme Court of India, The Supreme Court Legal Services Committee,
has been constituted under Section 3A of the LSA Act, 1987 for providing free
and competent Legal Services to the weaker sections of the Society in the cases
which fall under the jurisdiction of Hon’ble Supreme Court of India. SCLSC
consists of a sitting Judge of Supreme Court, who is the Chairman and 9 members
nominated by Hon’ble the Chief Justice of India.
Presence of NALSA at Grass Root Level
Over the years, NALSA
has made presence at every level of justice dispensation system in the country.
Be it the Apex Court, High Court or District Court and Taluka Courts, NALSA is
conspicuously present everywhere.
Hon’ble Chief Justice
of India is the Patron-in-Chief, NALSA. Under the aegis of NALSA, State Legal
Services Authority has been constituted to give effect to the policies and
directions of the NALSA and to give free legal services to the people and
conduct Lok Adalats in the State. The
State Legal Services Authority is headed by Hon’ble the Chief Justice of High
Court who is the Patron-in-Chief of the respective State Legal Services
Authority. A serving or retired Judge of the High Court is nominated as its
Executive Chairman.
Similarly District
Legal Services Authority has been constituted to implement Legal Services
Programmes at the District level. Office of District Legal Services Authority
is situated in the District Courts Complex in every District and body is chaired
by the District Judge of the respective district. The District Judge of the
District is its ex-officio Chairman.
Taluk Legal Services
Committees are also constituted for each of the Taluk or Mandal or for group of
Taluk or Mandals to coordinate the activities of legal services in the Taluk
and to organise Lok Adalats. Every Taluk Legal Services Committee is headed by
a senior Civil Judge operating within the jurisdiction of the Committee who is
its ex-officio Chairman.
Legal aid under NALSA strives
to ensure that constitutional pledge is fulfilled in its letter and spirit and
equal justice is made available to the poor, downtrodden and weaker sections of
the society.
Conceptual Inspiration of Legal Aid Services
The earliest measures
for free Legal Aid from govt dates back to the year 1851 when some enactment
was made in France for providing free legal assistance to the indigent. Such efforts
in Britain, to provide legal services to the poor and needy dates back to 1944.
It was when Lord Chancellor, Viscount Simon appointed a committee, precisely
Rushcliffe Committee. The Committee was tasked with making a report on any existing
facility for free legal assistance to needy people in England and Wales and to suggest
the measures to be taken for rolling out such assistance by state.
Govt. of India started
dwelling on the concept since 1952 when addressing the question of legal aid
for the poor became an agenda at various conferences Law Commissions and legal
luminaries. It was 1960, when certain guidelines were drawn on legal aid
schemes by the Govt. Legal aid schemes in the states were floated through Legal
Aid Boards, Societies and Law Departments. In 1980, a national level Committee was
constituted to oversee and supervise legal aid programmes throughout the
country under the Chairmanship of Justice P.N. Bhagwati then a Judge of the
Supreme Court of India. This overseeing Committee came to be known as CILAS
(Committee for Implementing Legal Aid Schemes) and started monitoring legal aid
activities in the country.
In 1987 when LSA Act,
was enacted, it introduced concept of Lok Adalats under chapter VI. The Lok
Adalats are seen as furthering the cause of helpless indigent people in need of
legal assistance and counselling. The concept added a new chapter to the
justice dispensation system of India as it proved successful in providing an
alternate resolution system for poor litigants.
Statutory Base to Legal Aid Services
Free Legal Aid Services
like many other measures by states for poor is a statutory for obligation. In
1987 Legal Services Authorities Act was enacted to give a statutory base to
legal aid programmes throughout the country on a uniform pattern. The LSA Act,
1987 was however came into effect on November 9th, 1995 right after
certain amendments to LSA effected in 1994. Justice R.N. Mishra the then Chief
Justice of India had been very instrumental in the enforcement of the LSA Act.
In the spirit of
provisions contained in Chapter III of LSA Act, National Legal Services
Authority was constituted on 5th December, 1995. Justice A.S. Anand, Judge,
Supreme Court of India took over as the Executive Chairman of National Legal
Services Authority on 17the July, 1997. Soon after assuming the office, Justice
Anand got into action with measures for making the Authority functional. The
first Member Secretary of the authority joined in December, 1997 and by
January, 1998 the other officers and staff were also appointed. By February,
1998 the office of National Legal Services Authority became properly functional
for the first time.
In October, 1998, Justice
A.S. Anand assumed the Office of the Chief Justice of India and accordingly,
became the Patron-in-Chief of National Legal Services Authority. The
senior-most Judge of the Supreme Court of India at that time, Justice S.P.
Bharucha, assumed the office of the Executive Chairman, NALSA.
Legal Provisions under LSA Act for Legal Aid Services
i) Section 12 of LSA
Act, 1987: It prescribes the
criteria for giving legal services to the eligible persons. Section 12 of the
Act reads as under:
12.Every person who has
to file or defend a case shall be entitled to legal services under this Act if
that person is –
(a) a member of a Scheduled
Caste or Scheduled Tribe;
(b) a victim of
trafficking in human beings or begar as referred to in Article 23 of the
Constitution;
(c) a woman or a child;
(d) a mentally ill or
otherwise disabled person;
(e) a person under
circumstances of undeserved want such as being a victim of a mass disaster,
ethnic violence, caste atrocity, flood, drought, earthquake or industrial
disaster; or
(f) an industrial
workman; or
(g) in custody,
including custody in a protective home within the meaning of clause (g) of
section 2 of the Immoral Traffic (Prevention) Act, 1956 (104 of 1956); or in a
juvenile home within the meaning of clause
(j) of section 2 of the
Juvenile Justice Act, 1986 (53 of 1986) or in a psychiatric hospital or
psychiatric nursing home within the meaning of clause (g) of section 2 of the
Mental Health Act, 1987 (14 of 1987); or
(h) in receipt of
annual income less than rupees nine thousand or such other higher amount as may
be prescribed by the State Govt., 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 Govt., if the case is before the Supreme
Court."
ii) Section 2 of LSA
Act: Section 2 of the LSA
Act is dedicated to definitions like other statutes of Country. According to
section 2(1) (a) of the Act, legal aid can be provided to a person for a 'case'
which includes a suit or any proceeding before a court. Section 2(1) (aaa)
defines the 'court' as a civil, criminal or revenue court and includes any
tribunal or any other authority constituted under any law for the time being in
force, to exercise judicial or quasi-judicial functions. As per section 2(1)(c)
'legal service' includes the rendering of any service in the conduct of any
case or other legal proceeding before any court or other authority or tribunal
and the giving of advice on any legal matter.
iii) Section 13 of LSA,
Act 1987: The section adds extra
filter to the cases fit for legal Aid services. It reads as: “13. Entitlement of legal services.—(1)
Persons who satisfy all or any of the criteria specified in section 12 shall be
entitled to receive legal services provided that the concerned Authority is
satisfied that such person has a prima-facie case to prosecute or to defend.
(2) An affidavit made
by a person as to his income may be regarded as sufficient for making him
eligible to the entitlement of legal services under this Act unless the concerned
Authority has reason to disbelieve such affidavit.” What it implies is that there is no distinction
about cases that fit for pursuing under legal aid services.
Yes, scrutiny of the
matter and the person taking up is done by Legal Services Authorities first. After
examining the eligibility criteria of an applicant and the existence of a prima
facie case in his favour provide him counsel at State expense, pay the required
Court Fee in the matter and bear all incidental expenses in connection with the
case. Importantly, the person to whom legal aid is provided is not called upon
to spend anything on the litigation once it is supported by any office of Legal
Services Authority.
Measures Taken by NALSA for Legal Aid Services
NALSA since the
beginning of its coming into force, ie. 1998 some remarkable schemes and
measures have been envisaged and implemented by this Central Authority. To name
a few following measures could be seen
(a) Establishing
Permanent and Continuous Lok Adalats in all the Districts in the country for
disposal of pending matters as well as disputes at pre-litigative stage;
(b) Establishing
separate Permanent & Continuous Lok Adalats for Govt. Departments,
Statutory Authorities and Public Sector Undertakings for disposal of pending
cases as well as disputes at pre-litigative stage;
(c) Accreditation of
NGOs for Legal Literacy and Legal Awareness campaign;
(d) Appointment of
"Legal Aid Counsel" in all the Courts of Magistrates in the country;
(e) Disposal of cases
through Lok Adalats on old pattern;
(f) Publicity to Legal
Aid Schemes and programmes to make people aware about legal aid facilities;
(g) Emphasis on
competent and quality legal services to the aided persons;
(h) Legal aid
facilities in jails;
(i) Setting up of
Counselling and Conciliation Centres in all the Districts in the country;
(j) Sensitisation of
Judicial Officers in regard to Legal Services Schemes and programmes;
(k) Publication of
"Nyaya Deep", the official newsletter of NALSA;
(l) Enhancement of
Income Ceiling to Rs.1,25,000/- p.a. for legal aid before Supreme Court of
India and to Rs.1,00,000/- p.a. for legal aid upto High Courts; and
(m) Steps for framing
rules for refund of court fees and execution of Awards passed by Lok Adalats.
First Annual Meet of the State Legal Services Authorities
The First Annual Meet
of the State Legal Services Authorities was held on 12th of September, 1998 at
Vigyan Bhawan, New Delhi. The said annual meet was presided over by Justice A.S. Anand, the
then Executive Chairman, NALSA. Justice S.B. Majmudar, Judge, Supreme Court of
India and Chairman, Supreme Court Legal Services Committee, the Members of the
Central Authority and the Executive Chairmen and Member Secretaries of the
State Legal Services Authorities attended this Meet. In this Meet, the progress
of on-going schemes which had been initiated by NALSA was examined and
decisions of far-reaching implications were taken with a view to strengthen and
streamline legal aid programmes in the country.
Second Annual Meet of the State Legal Services Authorities
The Second Annual Meet
of the State Legal Services Authorities was held on 9th of October, 1999 at Jubilee Hall, Hyderabad. This Meet was
inaugurated by Justice A.S. Anand, the Chief Justice of India and
Patron-in-Chief, NALSA. Justice S.P. Bharucha, Executive Chairman, NALSA
delivered the keynote address. Other dignitaries present at the inaugural
function included Justice S.B. Majmudar, Judge, Supreme Court of India and
Chairman, Supreme Court Legal Services Committee, Justice M.S. Liberhan, Chief
Justice of Andhra Pradesh High Court and Members of Central Authority.
Awareness Measures on Legal Aid Services
in the First Annual
Meet of state legal services authority, a call was given by Justice A.S. Anand,
the CJI for marking Nov. 9th as special day for free legal aid movement.
Accordingly, 9th of November is being celebrated every year by all Legal
Services Authorities as "Legal Services Day". NALSA issues Press
Releases in almost all the leading newspapers in the country in English, Hindi
and regional languages to convey to the public, the empowering provisions of
the Legal Services Authorities Act, the important schemes of NALSA for
providing legal aid and using Lok Adalats to the best advantage of needy and
poor. On this day, State Legal Services Authorities all over the country
organise Lok Adalats, legal literacy camps and undertake legal awareness
campaign to make people aware of their legal rights.
Legal literacy and Legal
awareness is crucial for best use of free legal services mechanism.
Accordingly, NALSA is laying great deal of emphasis on legal awareness
campaign. Every State Legal Services Authorities today is identifying suitable
and trustworthy NGOs through whom legal literacy campaign may be taken to
tribal, backward and far-flung areas in the country. The coordinated efforts
are being taken to publicise legal aid schemes so that the target beneficiary for
whom free legal aid is meant, get to know about the mechanism & functionary
and resort to once needed.
Permanent and Continuous Lok Adalats
Permanent and
Continuous Lok Adalats are paramount for the success of envisioned justice to
all. Accordingly all emphasis of NALSA is on to establish Permanent and
Continuous Lok Adalats every districts of the country. NALSA has been providing
and shall continue to provide funds to State Legal Services Authorities for the
implementation of the Legal Aid Schemes and Programmes but the infrastructure
has to be provided by the State Govts.
Separate Permanent and
Continuous Lok Adalats in Govt. Departments are aimed at amicably settling
pending cases as well as the matters at pre-litigative stage between Govt.
Departments and general public so that the inflow of litigation to regular
Courts is reduced.
The idea has prompted
so many Govt. bodies to make these Lok Adalats functional. In Delhi Permanent
Lok Adalats have been established in Delhi Vidyut Board, Delhi Development
Authority, Municipal Corpn. Of Delhi, MTNL and General Insurance Corporation.
These Lok Adalats are becoming popular day-by-day and it is expected that very
soon a large number of disputes between public and statutory authorities would
start getting settled at pre-litigative stage itself saving the parties from
unnecessary expense and litigational inconvenience. State counterparts of
NALSA, i.e, State Legal Services Authorities are also pursuading the State
Govts. and statutory bodies, etc. to set up separate Permanent Lok Adalats for amicable
settlement of their legal disputes.
Legal Aid Counsel Scheme
The far-reaching
measure of "Legal Aid Counsel" Scheme was conceived and introduced by
Justice A.S. Anand (when he was the Executive Chairman, NALSA) has been well
received all over country. Legal Aid Counsel have been provided in most of the
courts of the Magistrates in the country to provide immediate legal assistance
to those prisoners who are not in a position to engage their own counsel.
Call for Counselling and Conciliation Centres
The idea of negotiated
settlement of disputes was conceived by Justice S.P. Bharucha, Executive
Chairman, NALSA in the course of working session of the Second Annual Meet of
the State Legal Services Authorities. Justice Bharucha had emphasised that
Counselling and Conciliation Centres should be established in all the districts
in the country to bring about negotiated settlement of disputes between the
parties.
Accordingly, all the
State Legal Services Authorities are taking steps to establish these Centres
which would prove immensely useful for settling legal disputes at
pre-litigative stage and would also help legal services functionaries to find
out as to whether a person approaching them for legal aid has or not a prima
facie case in his favour which is a pre-requisite for grant of legal aid. Hon.
Executive Chairman has repeatedly emphasised that legal aid must not be given
as a matter of routine and frivolous cases should not be supported by legal aid
authorities.
Call for Quality & Efficient Legal Aid
Need of Quality & Competent
Legal Aid is brain child of Justice S.P. Bharucha. As Executive Chairman, NALSA
while writing in 'Nyaya Deep' and in the course of his keynote address in the
meeting of the Member Secretaries held in NALSA office on 19.2.2000 emphasised
the need for improving the quality of legal aid that is being given by legal
aid advocates.
Justice Bharucha observed
that teeming millions of this country who live below poverty line in tribal,
backward and far-flung areas look to Legal Services Authorities for help and
support in resolving their legal problems. When involved in litigation they
very often feel that they are fighting an unequal battle in which the party
that has better financial resources can secure more able legal assistance.
Justice Bharucha is of
the view that these poor and weaker sections must not remain under the
impression that they are getting comparatively inferior legal assistance. His
Lordship has called upon legal services authorities to revise the payment
schedule for legal aid panel advocates and also compress the panels so that
panel advocates get more work and better remuneration from legal services
authorities and thus get encouraged to render effective legal assistance to
aided persons.
Role Played by Supreme Court Legal Services Committee
Supreme Court Legal
Services Committee (SCLSC) has played a crucial role in making free legal aid
really accessible to the needy ones. Justice B.N.Kirpal, Judge, Supreme
Court of India and Chairman, Supreme Court Legal Services Committee has a very
long association with legal aid movement. Under the guidance and control of His
Lordship, Supreme Court Legal Services Committee is providing legal aid to
eligible persons in a very effective and meaningful way. Up to 31.12.99 Supreme
Court Legal Services Committee has provided legal aid and assistance to 10,125
applicants.
Role Played by Nyaya Deep- NALSA Newsletter
NALSA official
Newsletter 'Nyaya Deep', has been into promoting a healthy working relationship
between legal services functionaries throughout the country and is proving
immensely useful for exchange of views and sharing of ideas. Statistical
information in regard to legal aid schemes and programmes is also included in
this newsletter which is printed on quarterly basis. The editorials written by
Hon. Mr. Justice R.C. Lahoti reflect the soul of 'Nyaya Deep' and measure the
depth of the material included therein. These provide a window to the reader
who in one glance through it can appreciate the content and purpose of the
articles.
Legal Aid Services in Jails under Custodial Settings
Providing free Legal
aid services within Custodial Settings can only guarantee the accessibility of deserving.
NALSA has also called upon State
Legal Services Authorities to set up legal aid cells in jails so that the
prisoners lodged therein are provided prompt and efficient legal aid to which
they are entitled by virtue of section 12 of Legal Services Authorities Act,
1987.
Ex- CJI, Justice A.S.
Anand, while delivering the inaugural address at the Second Annual meet of the
State Legal Services Authorities at Hyderabad, had pointed out that a very
large number of undertrial prisoners lodged in jails are involved in petty
criminal offences. His Lordship expressed his deep anguish and stated that
these poor and under privileged prisoners are languishing in jails for fairly
long period in spite of the fact that they are willing to plead guilty and the
ultimate sentences which are likely to be passed against them will be far less
than the period they are incarcerated as undertrial prisoners.
Justice A.S. Anand suggested
that the CJMs/CMMs of the areas in which the District Jails are situated should
hold their courts in jails once or twice in a month for disposing of the cases
of such undertrial prisoners. In many States, the suggestion has already been
implemented and the prisoners involved in petty and minor offences are getting
substantial relief. A copy of news item reported in the Hindu daily is
attached.
Sensitization Of Judicial Officers in r/o: Legal Aid Services
Without
adequate Sensitization of Judicial Officers, the noble aim of free legal aid in
India would remain unaccomplished. Sensitization of Judicial Officers in regard
to legal aid schemes and programmes
is also high on agenda of NALSA. Justice S.P. Bharucha, Executive Chairman,
NALSA while writing from the Desk of the Executive Chairman in Jan.,99 Issue of
'Nyaya Deep' had observed that not all judicial officers in the country are
duly sensitized to Legal Services Schemes and programmes and as such are unable
to guide poor litigants in this regard. His Lordship observed that Legal
Services Authorities must ensure that Judicial officers are duly sensitized
about the work NALSA is doing and its importance for the poor and illiterate.
In the spirit of
Justice Bhrucha’s thought, a resolution in the last Chief Justices' Conference was
passed to say that in the service records of the Judicial officers, their
interest in legal aid programmes should be reflected and all the High Courts
should take steps for sensitizing the Judicial officers in regard to legal aid
programmes and schemes. Once all the judicial officers in the country get
properly sensitized in regard to the relevance and importance of legal aid- schemes
they shall themselves start caring for the poor, backward and weaker sections
of the society who are not in a position to engage their own counsel and look
after their legal causes.
Call for Continuity in Lok Adalats
Continuity of Lok adalats
is one such measure that could hugely impact the success of Constitutional Spirits
of Justice to all. Justice S.P. Bharucha, Executive Chairman, NALSA has
repeatedly called upon State Legal Services Authorities to continue to hold Lok
Adalats on old pattern so that the pace of the disposal of cases through Lok
Adalats is not inhibited.
Permanent and
Continuous Lok Adalats are primarily aimed at settling disputes at
pre-litigative stage and more contentious pending matters in District courts in
which the parties can be motivated only by repeated sitting to arrive at
settlement. Counselling and Conciliation Centers at Districts and Permanent Lok
Adalats in Districts can be under same roof and can effectively function in
unison. Most significant contribution by Legal Services Authorities to the
administration of justice would be to settle legal disputes through Lok Adalats
at pre-litigative stage so that the inflow of cases in our already
over-burdened courts is reduced to the extent possible.
Capacity Building for Free Legal Services
Infrastructure and fund
gets in the way of success of any cause big or small. The infirmity on these
cunts are being rapidly addressed by state authorities. Most of the offices of
the State Legal Services Authorities are now equipped with FAX machines, computers
and E-mail facilities. These modern gadgets shall surely help legal services
functionaries to act swiftly to provide legal aid and assistance to the
eligible persons in a meaningful manner.
During the Chairmanship
of the then Hon’ble Executive Chairman, Mr. Justice Altamas Kabir, the
following innovative steps have been introduced in the functioning of NALSA:-
A National Plan of
Action to be executed by all State Legal Services Authorities and Calendar for
activities was put in place.
NALSA Regulations on
Lok Adalat were published in the Gazette.
NALSA Regulations
on Free and Competent Legal Services
were published in the Gazette of India.
Legal Services to
Trans-Gender people was taken up as a new project of NALSA.
Training of Para-Legal
Volunteers and engaging them in the front offices of Legal Services
Institutions and in the village level
legal aid clinics were started.
Legal Literacy
Programmes in schools and colleges started in an organised manner with the
assistance of the Department of Education in all States.
School Legal Literacy
Clubs set up in all High Schools under the State Legal Services Authorities in
order to create legal awareness, obedience to law and spread the philosophy of
rule of law amongst the younger generation.
Legal Aid Clinics in
all villages to be manned by Para-legal Volunteers and panel lawyers.
Retainer lawyers are
engaged at Taluk, District, High Court and Supreme Court level for handling
legal aided cases.
A Futuristic NALSA and Expanding Legal Aid Services
Free Legal Aid is a
basic right and fundamental to decent and dignified life. The developed democracies
have rolled out the concept much earlier but we are not much behind. NALSA is
very sure that under the patronage and guidance of Hon. CJI and Hon. Executive
Chairman, a robust and efficient network of Legal Services Authorities shall be
made available to the people. And in turn this network will ensure access of free
and competent legal services to the eligible persons.
A futuristic NALSA is vigorously
into developing and promoting a culture of conciliation instead of litigation
in the country. The central authority is optimistic about citizens of this
country who would prefer to resolve their disputes and differences across the
table in a spirit of goodwill and brotherhood. Given the amount of work and
measures taken under the guidance of NALSA it can be safely hoped that eventually,
even the weakest amongst the weak in the country would not suffer injustice for
want of legal assistance. Services of Free Legal Aid in India is just getting
wider in ambit with every passing day.
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