By Adv Rishabh Kumar
Published on: December 21, 2023 at 13:54 IST
In a country as diverse as India, access to justice is a fundamental right that every citizen should be able to exercise. However, financial constraints often hinder individuals from seeking legal representation. Fortunately, India has established various mechanisms to provide free legal aid to those in need. This article serves as a guide on how to access free legal aid in the country.
What is Legal Aid?
The right to free legal aid is a fundamental and constitutional right designed to ensure that justice is accessible to all, regardless of an individual’s financial status. It is recognized as a cornerstone of the legal system in many countries, including India, the right to free legal aid is enshrined in legal frameworks to guarantee that everyone has the means to defend their rights, seek justice, and participate effectively in legal proceedings.
Article 39A of the Indian Constitution directs the State to ensure that justice is not denied to any citizen due to economic or other disabilities. This directive principle emphasizes equal justice and free legal aid.
Legal Services Authorities Act, 1987
The Legal Services Authority Act offers diverse legal services to the general public, aiming to create awareness and provide assistance for:
1. Free Legal Awareness: The primary goal of this Act is to educate the public about laws and schemes issued by public authorities. Legal service authorities conduct camps and establish aid centers to disseminate legal knowledge to individuals. These centers serve as platforms to address the grievances of ordinary people and enhance legal awareness.
2. Free Legal Aid Counsel: Individuals lacking the means to hire an advocate for legal representation can seek assistance from free legal aid counsel. The Act ensures the availability of free legal aid counsel, and the Council is tasked with aiding needy individuals in obtaining justice. This approach relieves Indian Courts from the burden of adjudicating cases by fostering the provision of legal assistance.
3. Lok Adalats – Alternative Dispute Resolution (ADR): Lok Adalats, initiated in Gujarat in 1982, serve as a significant ADR mechanism for resolving various disputes efficiently. These Adalats, organized by legal service authorities, address labor disputes, family issues, and bank recoveries. With a mix of legal and non-legal professionals on the bench, Lok Adalats aim to understand disputes comprehensively and facilitate mutually agreeable compromises.
Objectives of Legal Services Authority Act
Enacted under Article 39A of the Constitution of India, the Legal Services Authority Act strives to provide free and equal justice to all citizens, ensuring access to justice is not denied based on economic disadvantages. The primary objective is to extend competent legal services to the weaker sections of society.
This legislation established the National Legal Services Authority (NALSA) at the national level and State Legal Services Authorities (SLSAs) in each state. These bodies aim to provide free legal services to the marginalized and underprivileged. while districts have District Legal Services Authorities (DLSA) to cater to legal aid and services at the grassroots level.
vels. NALSA is the apex body at the national level, and each state has its State Legal Services Authority (SLSA), while districts have District Legal Services Authorities (DLSA) to cater to legal aid and services at the grassroots level.
Who can claim free legal aid?
As per Section 12 of legal service authorities Act following can claim for free legal services:
- Economically Weaker Sections (EWS): Individuals falling under the category of economically weaker sections of society are often eligible for free legal aid. This determination is based on factors such as income and financial need.
- Scheduled Castes (SC) and Scheduled Tribes (ST): Members of scheduled castes and scheduled tribes who meet certain economic criteria are eligible for free legal aid.
- Women and Children: Women and chilren, especially those from disadvantaged backgrounds, are often eligible for free legal aid. This includes victims of domestic violence, trafficking, and other forms of exploitation
- Victims of Disasters and Accidents: Individuals affected by natural disasters, accidents, or any other calamity may be eligible for free legal aid to address their legal issues arising from such incidents.
- Persons with Disabilities: People with disabilities who are unable to afford legal representation may be eligible for free legal aid.
- Prisoners: Individuals in custody or detention, including prisoners, are entitled to legal aid to ensure that their rights are protected.
- Mentally Ill Persons: Individuals suffering from mental illness who require legal assistance may be eligible for free legal aid.
- Industrial Workers: Workers or laborers in industries who meet specific criteria may be eligible for free legal aid.
- Senior Citizen: Depending on the rules of the respective state governments some states provide free legal aid to senior citizens. Eg. Delhi prescribes the 3lac as the ceiling for income under which anyone having less than 3 lac income can avail the benefits.
- Women: Irrespective of their financial statue or income, a woman is fully entitled to claim benefits under Section 12 (c) of the Legal Services Authority Act, 1987.
The Income Ceiling Limit prescribed u/S 12(h) of the Act for availing free legal services in different States. Section 12 (h) of the Legal Services Authorities Act, 1987 lay downs the criteria for the same. You can furnish an affidavit disclosing your income to claim free legal services under the act.
How to apply for free legal aid?
- Commencement: Initiate the process by submitting an application, preferably using the prescribed FORM-I available in the Regulations.
- Form Submission: The application, along with a summary of grievances, can be filed in the local language or English. Oral requests are also accepted.
- Affidavit: Attach an affidavit confirming the applicant’s eligibility under Section 12 of the LSA Act.
- Free Application Forms: Application forms are available at the respective legal services authorities without any charge.
- Review Process: A board of trustees, once appointed, reviews the application within eight weeks of receipt to assess eligibility for free legal aid.
Conclusion
The right to free legal aid underscores the commitment to justice for all, irrespective of financial constraints. By providing legal assistance to those who cannot afford it, this right aims to bridge the gap in access to justice and uphold the principles of equality and fairness in legal proceedings. Efforts to enhance awareness, strengthen legal aid infrastructure, and promote pro bono legal services contribute to the meaningful realization of this fundamental right.
Edited By: Bharti Verma, Associate Editor at law Insider
