Access to justice is a fundamental right in India, and free legal aid is essential for ensuring equality before the law. Various groups, including marginalized communities and those unable to afford legal representation, are entitled to this support. The National Legal Services Authority (NALSA) plays a pivotal role in facilitating free legal aid services, promoting legal awareness, and upholding the principles of social justice.

Q2. Who are entitled to receive free legal aid in India. Assess the role of NALSA in rendering  free legal aid in India.

Model Answer:

Introduction

In India, free legal aid is a fundamental right enshrined in the Constitution under Article 39A.  

Body

Who is Entitled to Free Legal Aid in India?

The Legal Services Authorities Act, 1987 outlines the categories of individuals eligible for free legal aid in India. These include - 

• Scheduled Castes and Scheduled Tribes  -  Members of these communities are automatically eligible for free legal aid.
• Victims of Trafficking or Begar- Individuals subjected to forced labor or human trafficking.
• Women and Children: This category encompasses a wide range of women and children, including victims of domestic violence, child abuse, and other forms of exploitation.
• Mentally ill or Disabled Persons-  Individuals with mental health conditions or disabilities.
• Persons Under Circumstances of Undeserved Want - This includes victims of mass disasters, ethnic violence, caste atrocities, floods, droughts, earthquakes, or industrial disasters.
• Industrial Workmen-  Workers employed in industrial establishments.
• Persons in Custody: Individuals detained in prisons, juvenile homes, or psychiatric hospitals.
• Persons with Low Income: Persons with an annual income below a specified limit (as notified by the government) for the cases before any court other than Supreme court. For cases in the Supreme Court, the threshold is Rs 5 lac.

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Role of NALSA in rendering  Free Legal Aid - 

• Formulating Policies: NALSA develops policies and guidelines for the effective delivery of legal aid services.
• Financial Assistance: It provides financial assistance to state legal services authorities (SLSA) and district legal services authorities (DLSA) for various legal aid programs.
• Capacity Building: NALSA conducts training programs for legal aid lawyers, para-legal volunteers, and other stakeholders to enhance their skills and knowledge.
• Awareness Generation: It undertakes public awareness campaigns to educate people about their legal rights and the availability of free legal aid.some text
  • For example, NALSA has established legal aid clinics in various parts of the country to provide free legal advice and assistance to the needy
  • National Legal Services Day: Celebrated annually on November 9th, this day is dedicated to raising awareness about legal aid and the role of NALSA.
• Monitoring and Evaluation: NALSA monitors the implementation of legal aid schemes and evaluates their impact to ensure accountability and effectiveness.
• Support to Victims of Crime: NALSA extends support to victims of crime, including providing them with legal aid, counselling, and rehabilitation services. some text
  • For example, NALSA operates a toll-free helpline to provide legal information and guidance to people in need
• Lok Adalats: These are people's courts that provide a platform for amicable resolution of disputes through conciliation and mediation. NALSA actively promotes Lok Adalats as an efficient and cost-effective mechanism for dispute resolution. 

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Challenges faced by NALSA in rendering free legal aid - 

• Shortage of Qualified Legal Professionals - some text
  • There is a dearth of legal professionals willing to work on pro bono cases, especially in rural areas. 
• Quality of Legal Aid - some text
  • Lawyers handling a large number of cases may compromise the quality of legal representation.

• Former Chief Justice of India has noted that the Legal Services Authority is involved in resolving only 1% of the total litigation, indicating a low acceptance of alternative dispute resolution methods. 

• Low Legal Awareness- some text
  • A large section of the population is unaware of their legal rights and the availability of free legal aid.

• Resource Constraints and Budgetary Limitations:
  • NALSA often faces budgetary constraints, limiting its ability to expand its reach and services. This affects the recruitment of legal professionals, infrastructure development, and awareness campaigns.

Way ahead 

The Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice has submitted a report on "Review of the working of Legal aid under the Legal Services Authorities Act, 1987".

Some of the suggestions given by committee on improving NALSA's functioning - 

• Increase grant-in-aid to NALSA. Search for innovative funding mechanisms including CSR funds

• Every lawyer should undertake at least one pro bono case annually to secure relief funds from the All India/State Bar Council.

• Extensive mass media campaign for legal education

• Monitor efficacy and accountability of lawyers providing free legal aid services

• Capacity Building of Para-Legal Volunteers. 

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Conclusion

In the landmark case of Hussainara Khatoon v. State of Bihar, the Supreme Court observed that legal aid is essential to make the machinery of justice accessible to the poor and illiterate. The poor and illiterate should be able to approach the courts and their ignorance and poverty should not be an impediment in the way of their obtaining justice from the courts. 

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