GS 2: GovernanceGS 2: PolityGS 2: Social Justice

Boost the capacity of legal aid systems, Pg 11.

Despite being mandated to provide free legal aid to nearly 80% of India’s population under the Legal Services Authorities Act, 1987, the actual reach of legal aid institutions remains far below potential, raising concerns over access to justice.

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Key Highlights:

  • Only 15.5 lakh beneficiaries received legal aid in 2023–24, despite a 28% increase over the previous year.
  • There is 1 legal aid clinic per 163 villages, limiting access in rural and tribal areas.
  • Legal aid budget nearly doubled (₹601 cr in 2017–18 to ₹1,086 cr in 2022–23), but NALSA’s funds declined.
  • Per capita spending on legal aid rose from ₹3 (2019) to ₹7 (2023); lowest in West Bengal (₹2), Bihar (₹3).
  • Para-legal volunteers dropped by 38% from 2019 to 2023; deployment rates have also fallen.
  • New Legal Aid Defence Counsel (LADC) scheme operational in 610 districts; fully utilised ₹200 cr allocation in 2023–24.
  • In 2024–25, LADC budget cut to ₹147.9 cr, raising concerns about continuity.

Detailed Insights:

  • Mismatch in Reach and Mandate: Legal aid services, though mandated to serve a large population, remain restricted due to inadequate infrastructure, personnel, and awareness.
  • Funding Gaps: While State allocations increased, central funding through NALSA fell, and its usage dropped from 75% to 59%, revealing administrative bottlenecks.
  • Policy Restrictions: NALSA’s 2023 Manual curtailed spending on crucial items like staff hiring, victim compensation, and community outreach, undermining operational flexibility.
  • Para-Legal Volunteer Decline: From 5.7/lakh (2019) to 3.1/lakh (2023), this drop impairs legal access at the grassroots. Most volunteers receive honorariums below minimum wage, discouraging participation.
  • LADC’s Promise and Challenges: The LADC initiative aims to provide dedicated defence counsel, relieving pressure on panel lawyers. However, the budget cut in 2024–25 and its early stage make its sustainability uncertain.
  • Systemic Gaps: Issues like low trust in free legal aid, inconsistent quality, and limited accountability mechanisms continue to affect effectiveness.

Concepts Involved:

  • Legal Services Authorities Act, 1987: Provides statutory backing for free legal services to the underprivileged.
  • NALSA (National Legal Services Authority): Apex statutory body to oversee legal aid implementation.
  • Legal Aid Defence Counsel (LADC): A dedicated public defender model for accused persons, launched in 2022.
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