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

GS 2
Social Justice
2023
10 Marks

Article 39A of the Constitution mandates the State to ensure equal justice and provide free legal aid to the weaker sections. To operationalize this, the Legal Services Authorities Act, 1987 was enacted to bridge the gap between the law and the marginalized by institutionalizing free legal aid across the country.

Categories Entitled to Free Legal Aid

  • Members of Scheduled Castes or Scheduled Tribes: Recognised due to historical discrimination and socioeconomic disadvantage.

  • Victims of Trafficking or Begar: Includes anyone subjected to human trafficking or forced labour.

  • Women and Children: Regardless of income, all women and children are entitled.

  • Persons with Disabilities: Includes mental and physical disabilities as defined under various laws.

  • Victims of Natural Disasters, Ethnic Violence, or Industrial Disasters: E.g., survivors of the Bhopal Gas Tragedy or displaced flood victims.

  • Persons in Custody: Includes those in jail, protective homes, or juvenile homes.

  • Persons with Annual Income Below the Prescribed Threshold: Threshold varies by state (e.g., ₹3 lakhs per annum in Delhi for civil cases in the High Court).

Role of NALSA in Providing Legal Aid

  1. Legal Aid Services and Representation: Provides lawyers to those entitled under Section 12.

    Example: NALSA Legal Aid Clinics in jails across India.

  2. Lok Adalats: Promote alternate dispute resolution to settle cases speedily.

    Example: Over 1.25 crore cases disposed of in National Lok Adalat (Nov 2023).

  3. Legal Literacy and Awareness Campaigns: Targeted drives in rural areas, schools, and vulnerable communities.

    Example: “Connecting to Serve” campaign with mobile legal aid vans.

  4. Victim Compensation Scheme: NALSA coordinates compensation disbursal through State Legal Services Authorities (SLSAs).

    Example: Compensation for rape survivors and acid attack victims.

  5. Schemes for Marginalised Communities:

    • NALSA Scheme for Women in Custody.
    • Legal Services to Transgender Persons Scheme
    • Child-Friendly Legal Services Scheme
  6. Helplines and Digital Services:

    • Tele-law services via Common Service Centres (CSCs): over 50 lakh beneficiaries reached (as of 2023).
    • NALSA Legal Aid App allows people to request legal services digitally.
  7. Training and Capacity Building: Regular training of panel advocates and paralegal volunteers (PLVs).

While NALSA has played a pivotal role in institutionalising legal aid in India, challenges such as lack of awareness, overburdened legal aid lawyers, and underutilised schemes still persist. Strengthening grassroots legal literacy, increasing funding for DLSAs, and leveraging technology further can make access to justice a reality for all, especially the most vulnerable.

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