Legal Aid Services in India

Meaning of Legal Aid as per various dictionaries

As per Collins English Dictionary, legal aid means, a benefit in the form of financial assistance for persons to meet the cost of advice and representation in legal proceedings in the courts of law.

In Cambridge Business English Dictionary, legal aid is defined as money to help people to pay the cost of using lawyers, courts of law, etc., especially from the government side.

As per Merriam-Webster Dictionary, legal aid means an aid provided by an organization established especially to serve the legal needs of the poor.

Statutory provisions relating to Legal Aid in India

The provisions relating to Legal Aid in India are provided under the Legal Services Authorities Act,1987, whose main objective is to “constitute legal services authorities to provide free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, and to organize Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity; and under Article 39-A of the Constitution of India which says that “State shall in particular, provide free legal aid, by suitable legislation or schemes, to ensure that opportunities for securing justice are not denied to any citizen.

Eligibility Criteria for getting Legal Aid Under the Legal Services Authorities Act,1987.

As per Section 12 and 13, Chapter IV of the Legal Services Authorities Act,1987:-

Every person who has to file or defend a case shall be entitled to legal services under this Act if that person is :-

(a) A member of a Scheduled Caste or Scheduled Tribe.

(b) A victim of trafficking in human beings or beggar as referred to in Article 23 of the Constitution.

(c) A woman or a child.

(d) A mentally ill or otherwise disabled person.

(e) 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

(f) An industrial workman or

(g) 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) or

(h) In receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the State Government, if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Government, if the case is before the Supreme Court.;(i)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);or (j) in receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the State Government, if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Government, if the case is before the Supreme Court.

Section 13. Entitlement to Legal Services

(1) Persons who satisfy all or any of the criteria specified in Section 12 shall be entitled to receive legal aid services provided that the concerned Authority is satisfied that such person has a prima-facie case to prosecute or to defend.

(2) An affidavit made by a person as to his income may be regarded as sufficient for making him eligible to the entitlement of legal services under this Act unless the concerned Authority has reason to disbelieve such affidavit.

Barriers in getting access to Free Legal Aid:-

• Inadequate public education and legal awareness.
• Inadequate assistance by advocates, lawyers etc,
• Technical language of law and legal terms which are difficult to understand by a layman.
• Not conducting legal awareness programmes at the grass root level especially in villages and rural areas.