Free Legal Services/ Legal Aid by NALSA is one of the noblest cause taken up for the marginalized and poor of social settings. In fact, accessibility to Legal Services is as basic to a common man as food and shelter. The very noble spirit of constitution equal 'protection of law' and ‘Justice to all’ cannot be accomplished until the justice dispensation mechanism is in reach of weaker section of society.
In order to accomplish
the spirit enshrined in our Constitution, Legal Services Authority Act, 1987
was enacted by the Indian parliament and National Legal Services Authority has
been brought into being for effective implementation of the mandates of the
Act.
Legal Services finds statutory definition under Section 2(c) of the Legal Services Authorities Act, 1987. The section defines it as: “legal services” includes 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.
What Includes Legal Services by NALSA
Legal Services in the
light of the Legal Services Authority Act, 1987 includes a couple of things. It
includes Free Legal Aid to weaker sections, creating legal awareness by various
means, arranging Lok Adalats, assisting in getting benefits of govt. schemes
etc.
Section 12 of the Legal
Services Authority Act, 1987 defines weaker section who are to be given Free
Legal Aid. Legal awareness has to be created through legal literacy camps. It can
adopt other modes of spreading awareness for instance print media, digital
media etc. Lok Adalat have to be arranged for the amicable settlement of
disputes that includes pending ones or in the process of being filed usually by
way of mediations.
Legal services by NALSA
also includes streamlining the process of benefits due to the weaker section.
These benefits may be under various government schemes, policies and
legislations. Last not the least, Legal services by NALSA also includes taking
up the causes of weaker section through PIL or social action litigation.
Precise Nature of Free Legal Aid by NALSA
Free Legal aid is available
regardless of nature of matter civil or criminal. It is presumed that poor and
marginalized cannot afford the services of a lawyer for case proceeding in any
Court, Tribunal or Authority. Hence, the aid revolves around the helping the
indigent with a lawyer and other expenses associated in conduct of proceedings.
The scope might include helping with:
- Free Counselling by a qualified Legal Adviser.
- An Advocate for legal proceedings free of Cost
- Payment of process fees, expenses of witnesses and all other essential charges in legal proceedings.
- Certified copies of judgments, orders, notes of evidence and other documents under proceedings.
- Preparation of pleadings, memo of appeal, Printing and translation of documents in legal proceedings;
- Drafting of legal documents, special leave petition etc.
Ambit of free Legal Aid
Free legal aid to beneficiaries
under LSAA (Legal Services Authority Act) is not restricted to the matters relate
to lower Courts. It is instead, provided to the needy from the lowest Court to
the Supreme Court of India. Legal Aid Counsel may be made available to represent
eligible aggrieved before the lower Courts, High Courts and also before Apex Court
of India.
Is Choice of Lawyers Available in Free Legal Aid/Services?
Yes, choice of Lawyer
is available but it is subject to the available pool or panel of advocates registered
with NALSA for offering such services. Regulation 7(6) of the National Legal
Services Authority (Free and Competent Legal Services) Regulations 2010, provides
that application for choice shall be scrutinized by the Member-Secretary or the
Secretary and if the applicant has mentioned/expressed his/her choice of a
lawyer on the panel, such Member-Secretary or Secretary can consider and allow
the same.
At What Stage of Proceedings Free Legal Aid is Available?
At any stage of legal
proceedings, legal aid can be availed of. Actually, it is NOT the stage of
proceedings that matters, it is your eligibility under Section 12 of the Legal
Services Authorities Act, 1987 that matters. Application to get free legal aid can
be made at any stage of the case as long as you are eligible to attain the free
aid. You may start fighting the case on your expenses but unfortunately you get
into financial crisis and eligibility criteria is met, you can seek the free
legal aid by making applications. The situation can be opposite of this too;
you might start off with legal aid and at a later stage of case, you stand
ineligible on account of your improved financial situations and you can be
denied the legal aid.
Kind of Cases One Can Apply Free Legal Aid For
The LSA Act is silent
about the kind of cases in respect of which legal aid can be sought by the person.
Section 13 of the Act that stipulates Entitlement of legal services talks about
two elements: (i)person fulfils any of the eligibility criteria laid u/s 12 has
a fit case to be supported and (ii) affidavit on one’s income which is beyond doubt.
Let’s see what section
13 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.
As the section 13 is
intertwined with Section 12 that lays down the eligibility of person (talks
about person alone and NOT about the merit of case), lets have a look how it
reads:
“12. Criteria for
giving legal services.—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 person with
disability as defined in clause (i) of section2 of the Persons With
Disabilities (Equal Opportunities, Protection of Rights and Full Participation)
Act, 1995 (1 of 1996);
(e) a person under
circumstances of underserved 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 section2
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 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.”
The legal services
/legal aid is a big humanitarian cause and Supreme Court of India has mandated
the governments to constitute National Legal Services Authority at district
level for effective implementation of the cause. Free Legal Aid in India is assuming a form of movement and it is hoped to serve the Indian needy massively. Drop in your comments if you
have any kind of experience with legal services either part of contributor or
as beneficiary.
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