QUES . Who are entitled to receive free legal aid? Assess the role of the National Legal Services Authority (NALSA) in rendering free legal aid in India. UPSC 2023 GS MAINS PAPER II
In India, free legal aid is a fundamental right guaranteed under Article 39A of the Constitution. The Legal Services Authorities Act was passed in 1987 which resulted in the establishment of National Legal Services Authority.
As per the Legal Services Authorities Act, 1987, the following categories of people are entitled to receive free legal aid:
■ A member of a Scheduled Caste or Scheduled Tribe.
■ A victim of trafficking in human beings or beggars as referred to in Article 23 of the Constitution.
■ A woman or a child.
■ A mentally ill or otherwise disabled person.
■ A person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or An industrial workman; or in custody.
■ A person in receipt of annual income less than the amount mentioned in the following schedule (or any other higher amount as may be prescribed by the State Government).
Role of National Legal Services Authority (NALSA) in rendering free legal aid in India:
■ NALSA conducts awareness programs and legal literacy campaigns to educate people about their legal rights and the availability of free legal aid.
■ NALSA operates Mobile Legal Aid Units in rural and remote areas to reach underserved populations. These units offer legal services, awareness programs, and legal literacy campaigns.
■ NALSA has established legal aid clinics at the grassroots level to provide free legal assistance to disadvantaged communities. These clinics offer legal advice, aid, and representation.
■ NALSA has been instrumental in filing PILs to address systemic issues and protect the rights of marginalized groups.
■ NALSA trains and deploys para-legal volunteers who assist individuals in understanding their rights, filling out legal forms, and accessing legal aid.
■ NALSA conducts special initiatives and camps for specific groups, such as prisoners, women in distress, and victims of natural disasters, to provide timely legal aid.
Challenges faced by NALSA in providing free legal aid:
■ Resource constraints, budgetary limitations and inaccessibility of legal aid. In the last 25 years, only 1.5 crore people have received legal aid with the Centre spending Rs 1.05 per capita in 2019-20, according to a report by Tata Trusts.
■ Also the underutilization of Alternate Dispute Resolution (ADR) mechanisms hinders NALSA’s efforts to resolve cases swiftly and cost-effectively. 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 alternate dispute resolution methods.
■ Moreover, there is shortage of qualified legal professionals.
■ The complexity of legal procedures and lack of legal awareness keeps the economically disadvantaged, less educated, rural and marginalized communities uninformed about their rights of free legal aid services.
■ Also, Lok Adalats, while crucial for dispute resolution, lack specific powers to impose penalties on non-compliant parties. Additionally, their authority is comparatively limited when compared to civil courts.
■ There is a general lack of enthusiasm among advocates and lawyers for pro-bono publico (for the public good) cases which can hinder the provision of free legal aid to those in need.
Thus, to optimise NALSA’s efforts, a collaborative effort between government institutions and civil society is crucial, ensuring a more inclusive and effective delivery of legal aid services to those in need. NALSA plays a pivotal role in ensuring that free legal aid reaches those who need it the most in India, thus fulfilling the constitutional mandate of justice for all, irrespective of economic or other disabilities.
