This article is written by Sarika Kumari 3rd year BALLB student of Mewar Law Institute, Ghaziabad during her internship at Le Droit India.
KEYWORDS
Legal-aid and services, Lok – Adalat, social institutions, Justice
ABSTRACT- Introduction
According to various reports and articles in day-to-day life, we come across such news of common people facing injustice. Now the question arises in our mind, who will help them? how can such underprivileged sections of society, who are facing exploitation of their rights could approach court? and who will represent them if they cannot afford a lawyer? Well, the answer to all such questions is provided under Article 39A of the Constitution Of India, The 42nd amendment act had incorporated Article 39A (free legal aid), a provision of directive principles of state policy which will provide free and competent services to the weaker section of the society. It ensures equal distribution of justice to every citizen irrespective of their economic and social situation.
LEGAL SERVICE AUTHORITIES ACT of 1987
The Legal Services Authorities Act 1987 was enacted by the parliament in the 38th year of the Republic of India, but was enforced on 9th November 1995. It was introduced as a result of a recommendation made in the 14th report of the law commission of India, the central government introduced a legal aid scheme but was scrapped later due to financial circumstances. But in 1973, the government introduced its second phase by forming a committee under Justice V.R. Krishna Iyer to legal aid schemes for every state. They suggested legal aid schemes for every district, state, and center.
Section 12 of the Legal Services Authorities Act, 1987 prescribes the criteria for giving legal services to eligible persons. as under:- 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 beggars 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; or in a juvenile home within the meaning of clause (j) of section 2 of the Juvenile Justice Act, 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 ; 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.”
Legal Services Authorities after examining the eligibility criteria of an applicant and the existence of a prima facie case in his favor provide him, with counsel, at State expense, pay the required Court Fee in the matter and bear all incidental expenses in connection with the case. The person to whom legal aid is provided is not called upon to spend anything on the litigation once it is supported by a Legal Services Authority.
The main core of the Legal Services Authorities Act 1987 is the hierarchical legal service institutions in the district, state, and center, criteria for providing legal aid, Lok Adalat, and free legal aid.
The hierarchical legal service system in India exists at three levels. They are:
- National Legal Service Authority(NALSA) and Supreme Court Legal Services Committee (SCLC)
- State Legal Service Authority (SLSA) and the High Court Legal Services Committee (HCLSC)
- District Legal Services Authority (DLSA)
NATIONAL LEGAL SERVICE AUTHORITY
The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society and to organize Lok Adalat’s for amicable settlement of disputes. Hon’ble Mr. Justice N. V. Ramana, The Chief Justice of India is the Patron-in-Chief.
History-NALSA was constituted on 5th December 1995. His Lordship Hon. Dr. Justice A.S. Anand, Judge, Supreme Court of India took over as the Executive Chairman of the National Legal Services Authority on 17the July 1997. In October 1998, His Lordship Hon. Dr. Justice A.S. Anand assumed the Office of the Chief Justice of India and thus became the Patron-in-Chief of the National Legal Services Authority. His Lordship Hon. Mr. Justice S.P. Bharucha, the senior-most Judge of the Supreme Court of India assumed the office of the Executive Chairman, National Legal Services Authority.
Members-The Chief Justice of India as the Patron-in-chief. A judge of the Supreme Court is nominated by the President as the executive chairman. Other members are nominated by the Government in consultation with the CJI.
Functions– 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:
- 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 organized manner with the assistance of the Department of Education in all states.
- School Legal Literacy Clubs are set up in all High Schools under the State Legal Services Authorities in order to create legal awareness, and obedience to the 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 levels for handling legal aided cases.
STATE LEGAL SERVICE AUTHORITY
In every State, State Legal Services Authority has been constituted to give effect to the policies and directions of the NALSA and give free legal services to the people and conduct Lok Adalat in the State.
Members-The State Legal Services Authority is headed by Hon’ble the Chief Justice of the respective High Court who is the Patron-in-Chief of the State Legal Services Authority.
Functions-authority has the following functions-
- Give legal services to persons who satisfy the criteria under the act.
- Conduct Lok Adalat for all types of cases
- Undertake preventive and strategic Legal Aid programs.
- Perform other functions as notified by the central authority to the state authority from time to time.
DISTRICT LEGAL SERVICE AUTHORITY
District Legal Services Authority has been constituted to implement Legal Services Programmes in the District. The DLSA is situated in the District Courts Complex in every District and is chaired by the District Judge of the respective district.
Members– District Judge as its chairman, other members nominated by the state government in consultation with the Chief Justice of the High court. Every district authority has to give effect to such directions that are issued to it by the State authority, it also has to take cognizance of the directions that are given by the state authority.
Functions-The district authority has the following functions that it needs to perform-
- Coordinate the activities of the Taluk Legal Services Committee and other legal services in the district.
- Organized Lok Adalat’s within the District.
- Perform such other functions as the State Authority may fix by regulations.
LEGAL AID IN INDIA
Article 39A of the Constitution of India provides that 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 disability. Articles 14 and 22(1) also make it obligatory for the State to ensure equality before the law and a legal system that promotes justice on a basis of equal opportunity for all.
History-The earliest Legal Aid movement appears to be from the year 1851 when some enactment was introduced in France for providing legal assistance to the indigent. Since 1952, the Govt. of India also started addressing to the question of legal aid for the poor in various conferences of Law Ministers and Law Commissions. In 1960, some guidelines were drawn by the Govt. for legal aid schemes. In different states, legal aid schemes were floated through Legal Aid Boards, Societies, and Law Departments. In 1980, a committee at the national level was constituted to oversee and supervise legal aid programs throughout the country under the Chairmanship of Hon. Mr. Justice P.N. Bhagwati was then a Judge of the Supreme Court of India. This Committee came to be known as CILAS (Committee for Implementing Legal Aid Schemes) and started monitoring legal aid activities throughout the country.
The introduction of Lok Adalat added a new chapter to the justice dispensation system of this country and succeeded in providing a supplementary forum to the litigants for conciliatory settlement of their disputes. Taluk Legal Services Committees are also constituted for each or group of the Taluk or Mandal to coordinate the activities of legal services in the Taluk and to organize Lok Adalat. Every Taluk Legal Services Committee is headed by a senior Civil Judge operating within the of the Committee who is its ex-officio Chairman.
“Legal Aid Counsel” Scheme which was conceived and introduced by His Lordship Hon. Dr. Justice A.S. Anand when His Lordship was the Executive Chairman, of NALSA. Legal Aid Counsel has been provided in most of the courts of the Magistrates in the country to set up legal aids in jails so that the prisoners lodged therein are provided immediate legal assistance who are not in a position to engage their own counsel, which they are entitled by virtue of section 12 of Legal Services Authorities Act, 1987. His Lordships suggested that the CJMs/CMMs of the areas in which the District Jails are situated should hold their courts in jails once or twice a month for disposing of the cases of such undertrial prisoners.
Conclusion
NALSA is laying a great emphasis on legal literacy and legal awareness campaign. Almost all the State Legal Services Authorities are identifying suitable and trustworthy NGOs through whom legal literacy campaigns may be taken to tribal, backward, and far-flung areas in the country. The effort is to publicize legal aid schemes so that the target group, for whom Legal Services Authorities Act has provided free legal aid, may come to know about the same and approach the concerned legal services functionaries. In 1987 Legal Services Authorities Act was enacted to give a statutory base to legal aid programs throughout the country on a uniform pattern. A nationwide network has been envisaged under the Act for providing legal aid and assistance. Legal aid strives to ensure that the constitutional pledge is fulfilled in its letter and spirit and that equal justice is made available to the poor, downtrodden, and weaker sections of society.
