Free Legal aid in India
Constitutional provision | To promote equal justice and to provide free legal aid to the poor (Article 39 A). |
Law | 1987 National Legal Services Authority Act |
Institutional system | lok Adalats established under NaLSA will provide free legal aid. |
Eligibility criterion for free legal aid:
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The following sections of the society as enlisted under Section 12 of the NaLSA are entitled for free legal services, they are :
a) SC /ST b) A victim of trafficking in human beings or Begar as referred to in Article 23 of the Constitution; c) A woman d) a child up to the age of 18 years e) A mentally ill or otherwise disabled person; f) 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 g) An industrial workman; or h) A person in custody, including · Custody in a protective home saved under Immoral Traffic (Prevention) Act, 1956 · A person in a juvenile home under the Juvenile Justice Act, 1986 · A person in a psychiatric hospital or psychiatric nursing home the Mental Health Act, 1987(14 of 1987) The persons referred above are eligible for the free legal aid, irrespective of income limit. |
Free legal aid to others | Others can get the free legal aid subject to annual income limit.
Annual income eligibility for the free legal aid – a. Supreme court prescription – less than 5 lakhs b. Andhra Pradesh – Less than 3 lakhs c. Telangana – Less than 3 lakhs |
Need for FLA | 1. To fulfil the constitutional obligation under article 39A of Directive principles.
2. To guaranty rule of law 3. To prevent exploitation 4. Protecting the vulnerable 5. Ensuring justice to all |
Role of NaLSA | 1. Established legal aid clinics, Lok Adalats (People’s Courts), and legal awareness camps to bring legal assistance closer to the grassroots level.
2. Supporting women in dealing with domestic violence 3. Generating legal awareness among the women 4. Supporting the transgender 5. Legal awareness among the prisoners. 6. Promoting alternative dispute resolution through the Lok Adalat. 7. Organizing legal literacy clubs in schools and colleges 8. Publishing Nyaya deep official news letter |
Challenges of the NaLSA | 1. Inadequate budget
2. Inability to generate awareness 3. Shortage of legal professionals 4. Poor are not willing to approach the court to settle the disputes. 5. Women are not encouraged to move to the courts. 6. Meagre remuneration to the lawyers under the free legal aid. |
Measures to be taken | 1. Promoting the Alternative dispute resolution system
2. More Lok Adalats required. 3. More awareness campaigns 4. Branding the free legal aid 5. More budgetary allocation |
Way forward | When justice is done, people are happy. Happy people are satisfied with the government. |