Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society and ensures justice for all. Articles 14 and 22(1) of the Constitution also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on the basis of equal opportunity to all.
In the year 1987, the Legal Services Authorities Act was enacted by the Parliament which came into force on 9th November, 1995 to establish a nationwide uniform network for providing free and competent legal services to the weaker sections of the society on the basis of equal opportunity.
The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to monitor and evaluate implementation of legal aid programmes and to lay down policies and principles for making legal services available under the Act.
The Legal Services Authorities Act, 1987, was a significant step towards ensuring legal aid for the poor and weaker sections of Indian society. It established a comprehensive structure to provide free and competent legal services to those in need and ensure equal opportunity in access to justice. Let's examine the key aspects of this legislation and the National Legal Services Authority (NALSA):
Legal Services Authorities Act, 1987
- Purpose: The primary objective of the act is to provide free legal services to the weaker sections of society and ensure justice based on equal opportunity.
- Provisions: The act creates a uniform legal aid network across the country, ensuring that legal assistance is available to those who cannot afford it. It establishes legal services authorities at the national, state, and district levels.
- Eligibility: Free legal services are provided to individuals from economically and socially marginalized groups, including scheduled castes, scheduled tribes, women, children, and victims of trafficking, as well as other vulnerable groups such as differently-abled persons, senior citizens, and disaster-affected individuals.
National Legal Services Authority (NALSA)
- Constitution: NALSA was established under the Legal Services Authorities Act, 1987.
- Role: NALSA monitors and evaluates the implementation of legal aid programs across India and lays down policies and principles for making legal services available under the act.
- Functions: NALSA's key functions include:
- Formulating policies and strategies for legal services.
- Supervising and guiding state-level legal services authorities.
- Promoting legal awareness and organizing legal aid camps.
- Providing legal advice and representation to eligible individuals.
- Encouraging settlement of disputes through Lok Adalats and other alternative dispute resolution (ADR) mechanisms.
State and District Legal Services Authorities
- State Legal Services Authorities (SLSAs): Established in each state, these authorities implement legal aid programs at the state level and oversee district authorities' work.
- District Legal Services Authorities (DLSAs): Established in each district, these authorities provide free legal aid services at the grassroots level and manage Lok Adalats and legal aid clinics.
Conclusion
The Legal Services Authorities Act and the creation of NALSA have played a crucial role in making legal aid accessible and ensuring justice for all, particularly the poor and marginalized sections of society. Through the coordinated efforts of NALSA, SLSAs, and DLSAs, free legal services are offered throughout the country, fostering equal access to justice.
The free legal services include:
(a) Payment of court fee, process fees and all other charges payable or incurred in connection with any legal proceedings.
(b) Providing service of lawyers in legal proceedings.
(c) Obtaining and supply of certified copies of orders and other documents in legal proceedings.
(d) Preparation of appeal, paper book including printing and translation of documents in legal proceedings.
The persons eligible for getting free legal services include:
(i) Women and children
(ii) Members of SC/ST
(iii) Industrial workmen
(iv) Victims of mass disaster, violence, flood, drought, earthquake and industrial disaster
(v) Disabled persons
(vi) Persons in custody
(vii) Persons whose annual income does not exceed ₹1 lakh (in the Supreme Court Legal Services Committee the limit ₹1,25,000/-)
(viii) Victims of trafficking in human beings or begar.
