HISTORY OF LEGAL AID
In 1980, under the Chairmanship of Hon’ble Justice P.N. Bhagwati, then-Judge of the Supreme Court of India, a nationwide Committee was formed to monitor and regulate legal assistance programmes throughout the country. This Committee was renamed CILAS (Committee for the Implementation of Legal Aid Schemes) and began monitoring legal aid activities throughout the country. The Legal Services Authorities Act was adopted in 1987 to provide a formal foundation for legal aid programmes across the country. This Act was eventually implemented on November 9, 1995, following some revisions proposed by the Amendment Act of 1994.
WHAT IS LEGAL AID
Legal Aid is a development that aims to provide the underprivileged with easy access to courts and other government agencies. It implies that the decisions made are rational and simply examine the rights and disabilities of the parties. The focus of legal assistance is on distributive justice, the effective implementation of welfare benefits, and the abolition of social structural discrimination against the poor. Keeping this in mind, the Legal Services Authorities Act, 1987 was approved by Parliament. The primary goal of the state should be “equal justice for everyone.” As a result, legal assistance works to ensure that the constitutional mandate is fulfilled in its language and spirit, and that equal justice is made available to the oppressed and weaker segments of the general population.
WHO IS ELIGIBLE FOR LEGAL AID?
Individuals falling under the criteria mentioned under Section 12 of the Legal Services Authorities Act, 1987 are entitled for legal aid. Below mentioned criteria talks about the same.
If the person is a member of a Scheduled Caste of Scheduled Tribe or a victim of trafficking in human beings or beggar as referred to in Article 23 of the Constitution. Also, if a person is with a disability as defined in Clause (i) of Section 2 of the person with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 can seek for legal aid.
Furthermore, if a person under the following circumstances wants legal aid, such as being a victim of mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster, or an industrial workman, or in custody, including custody in a protective home within the meaning of clause (g) of Section 2 of the Immoral Traffic (prevention) Act, 1956 (104 of 1956), or in a juvenile home within the meaning of clause (j) of Section 2 of the Juvenile Justice Act, 1986 (53 of 1986), or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of Section 2 of the Mental Health Act, 1987 (14 of 1987) is eligible to be entitled for the same.
Along with this, an individual with annual income less than rupees nine thousand or such other higher amount as may be prescribed by the State Government with the case being dealt before a court other than the Supreme Court and if the annual income is less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Government with the case being dealt in the Supreme Court or a woman or a child are entitled to free legal aid.
FACTORS FOR DISENTITLEMENT FROM GETTING LEGAL AID
Certain cases may result in a person being denied free legal aid. This is stated in the Legal Aid Rules, 2055. According to these guidelines, the following people are not eligible for legal assistance unless the Chairman of the Committee allows it as a special case: a person charged with contempt of court or any incidental procedures related to it, and a person accused with defamation or malicious prosecution.
Also, if a person is charged with perjury, or if there are proceedings relating to any election, in respect of offences where the fine imposed is not more than Rs. 50/-, in respect of economic offences, and in respect of offences against social laws, such as the Protection of Civil Rights Act, 1955, and the Immoral Traffic (Prevention) Act, 1956, unless the victim seeks assistance.
Legal assistance is also withheld in situations where the individual seeking legal services –
(1) is exclusively involved in the proceedings in a representational or official capacity; or
(2) If he is a formal party to the proceedings, he is not substantially interested in the outcome of the proceedings, and his interests are not likely to be affected as a result of the lack of suitable procedures.
Even the Chairman cannot authorize legal aid as a special instance in the latter two conditions listed above.
PROCEDURE TO APPLY FOR LEGAL AID
An individual who is willing to obtain legal aid has an option to apply for it offline or online. The procedure starts by simply filling up the ready-made form/application form that is available at the nearest Legal Services Authority and submit the same at either the Authority physically, or post the application to the Authority.
If opting for an offline application, the necessary details such as the applicants name, gender, residential address, employment status, nationality, whether SC/ST (with proof in support), income per month (with affidavit), the case for which legal aid is required, reason for seeking legal aid, etc. can be simply written on a piece of paper and submitted physically or sent by post.
On the other hand, for an online application the procedure starts by sending the application online i.e., by email to NALSA (at nalsa-dla@nic.in), or through the online application form available online at NALSA’s website by going on the ‘Online Application’ Link on the Home Page, along with uploading necessary documents.
It is also possible for a complainant to make an oral application which can be assisted by a paralegal volunteer or an officer of the concerned Legal Services Authority.
AITHORITIES PROVIDING FREE LEGAL ADVICE/AID IN INDIA
Through Bodies Constituted by the Legal Services Authority Act: A person who meets the above-mentioned eligibility criteria as stated in Section 12 of the Legal Services Authority Act, 1987 (LSA) may approach the appropriate body established under the Act (as stated above) to obtain free legal aid. The National Legal Services Authority (Free and Competent Legal Services) Regulations, 2010 are a set of rules that must be followed by India’s Supreme Court Legal Services Committee, State Legal Services Authorities, High Court Legal Services Committees, District Legal Services Authorities, and Taluk Legal Services Committees. An individual can file an application and after receipt of the application, the committee set up by the institution where such application has been filed shall scrutinize the application to establish whether the applicant is entitled to free legal aid and shall revert within a period of eight weeks from the date of receipt of such application.
Legal Aid Clinics: According to Section 3 of the National Legal Services Authority (Legal Services Clinics) Regulations, 2011, all District Legal Services Authorities are required to establish legal aid clinics in villages or clusters of villages based on village size to provide legal aid to people, particularly where there are geographical, social, and other barriers to access to legal services institutions. It is, however, dependent to the financial resources available to districts.
Legal Services Clinics in Law Universities/Colleges: As part of legal education, every law university/college usually establishes a legal services clinic to provide free legal aid to the local community under Section 4(k) of the LSA Act. These legal aid clinics can be contacted for free legal consultation.
Non-Governmental Organizations: Various NGOs offer free legal assistance to people in the fields in which they work and assist them in obtaining legal aid, either their own or that given by the state/law firms/lawyers, etc.
Online Forums: There are several online forums that offer free legal assistance and assist people in connecting with law firms' pro bono departments. Similar websites include https://www.i-probono.com/ , https://lawfarm.in/ , and others.
IMPORTANT JUDGEMENTS REGARDING LEGAL AID
Khatri II vs. State of Bihar[1]- The Supreme Court held that it is the Constitutional obligation to give legal aid emerges from the time the accused is produced before the Magistrate for the first time and continues to whatever point he is delivered for remand. Furthermore, Justice P.N. Bhagwati made it mandatory for the Session Judges to inform the accused of their rights to free legal aid and if any such person is unable to hire an advocate to defend due to poverty or indigence.
Suk Das vs. Union Territory of Arunachal Pradesh[2]- The Supreme Court in this case held that there is a need of creating legal awareness to the poor as they are not aware of their rights. Therefore, the promotion of legal literacy has always been recognized as one of the principal items of the program of the legal aid movement in the country.
State of Haryana vs. Darshana Devi[3] - In this case, Hon’ble Justice Krishna Iyer held that no poor should be deprived of the justice market just because of the court-fee and refusal to apply the exemption provisions of Order XXXIII, Civil Procedure Code, and extended its provisions to Accident Claims Tribunals.
Hussainara Khatoon vs. State of Bihar[4]: In this case, the court held that the accused has the right to free legal aid at the expense of state if he is not able to afford legal service for himself.
SUGGESTIONS FOR UPLIFTING THE COURSE OF LEGAL AID IN INDIA
In the case of Indira Jaisingh vs. Supreme Court of India[5]it was stated that pro bono work has been considered to be one of the qualifying factors for nomination as a Senior Advocate, thereby encouraging the advocates to take up pro bono matters from time to time. Therefore, if a lawyer takes up legal aid cases and publicizes their work, then it can boost their professional reputation as the work done is a valuable way to market their status in this profession and drive new business leads.
Furthermore, the Supreme Court shall incentivize the legal aid such as providing recognitional awards, legal awards, status of amicus curiae etc., in order to encourage them to opt for legal aid for the betterment of the society.
Keeping the large number of legal aid unawareness and legal illiteracy in mind, it is necessary to constantly have legal aid literacy drives not just for the citizens based in rural areas but also in the urban areas so that the people are aware of the authorities in charge for helping them seek justice which in return provides relief to the society.
The Supreme Court shall mandate each and every lawyer affiliated with the Bar Council to take up a certain amount of legal aid cases in an annual year in order to ramp up the course of legal aid in India.
For Corporate lawyers in companies, the specialization of companies should be utilized better in order to implement Corporate Social Responsibility (CSR) more efficiently. It should not be simply seen as the spending of fiscal resources, but the smart spending of CSR resources. For example- it shall be mandated by the Supreme Court that a multi-national company engaged in the production of packaged food should provide those below the poverty line with similar assets, telephone companies should set up telecom services in remote areas lacking such services.
Section 135 of the Companies Act, 2013 should also be amended to include measures to allow companies to do CSR activities as per their strengths and specialties to help aid a number of people with greater efficiency.
CONCLUSION
As we are aware that the Indian constitution emphasizes equality. In a democracy, everyone is equal under the law. Each citizen has the right to equal access to the law and equal opportunity to seek legal services, regardless of economic situation, race, creed, gender, sex, or any other social condition. Our government created the Legal Services Authorities Act in 1987 to fulfill these obligations.
Furthermore, Legal aid strengthens underprivileged people’s representation in court and has a favorable effect on society. With the passage of time, legal assistance has been established in numerous disciplines of law and is continually being expanded. As a result, there is a lot of room for lawyers to opt for Legal aid in the future, and strong advertising may assist to broaden the scope of legal aid in India.
[1] (1981)1 SCC [2] Criminal Appeal No. 725 of 1985 [3] Special Leave Petition (Civil) No. 4120 of 1978 [4] 1979 AIR 1369 [5] (2018) 1 SCC 638
Witten By,
Kalpana Nailwal,
Intern, Chanchlani Law World
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