LEGAL AID - POLITY
Why in News?
In at least four states – West Bengal,
Arunachal Pradesh, Meghalaya and Puducherry – the number of convicts who
refused to file an appeal was higher than the convicts who decided to appeal
their sentences.
Many of the convicts were not appealing
because of poverty, unaware of such appellate provisions, lack of legal
aid,etc.
About NALSA
- The National Legal Services Authority (NALSA)
was established in 1995 under the Legal Services Authorities Act of 1987.
- Its primary role is to oversee and assess the
effectiveness of legal aid programs, as well as to create guidelines and
standards for providing legal services under the Act.
- Additionally, NALSA allocates funds and grants
to state legal services authorities and non-profit organizations to
support their legal aid systems and initiatives.
Constitutional Provisions
- Article 39A of the Constitution of India
mandates that the State ensures the legal system promotes justice based on
equal opportunity.
- It specifically requires the provision of free
legal aid through appropriate legislation or schemes to guarantee that no
citizen is denied justice due to economic or other disabilities.
- Articles 14 and 22(1) further oblige the State
to ensure equality before the law and to maintain a legal system that
promotes justice on an equal opportunity basis.
Objectives of Legal Services Authorities
- Provide free legal aid and
advice.
- Spread legal awareness.
- Organize Lok Adalats.
- Promote dispute settlements
through Alternative Dispute Resolution (ADR) mechanisms such as
Arbitration, Conciliation, Judicial settlements (including Lok Adalat),
and Mediation.
- Provide compensation to
victims of crime.
Legal Services Institutions at Various Levels
- National Level: NALSA,
established under the Legal Services Authorities Act, 1987, with the Chief
Justice of India as the Patron-in-Chief.
- State Level: State
Legal Services Authority, headed by the Chief Justice of the State High
Court as its Patron-in-Chief.
- District Level: District
Legal Services Authority, chaired by the District Judge.
- Taluka/Sub-Division Level: Taluka/Sub-Divisional
Legal Services Committee, led by a senior Civil Judge.
- High Court Level: High
Court Legal Services Committee.
- Supreme Court Level: Supreme
Court Legal Services Committee.
Eligibility for Free Legal Services
- Women and children.
- Members of Scheduled Castes
(SC) and Scheduled Tribes (ST).
- Industrial workers.
- Victims of mass disasters,
violence, floods, droughts, earthquakes, and industrial disasters.
- Disabled persons.
- Persons in custody
- Individuals with an annual
income below the threshold set by the respective State Government for
cases before courts other than the Supreme Court, and below Rs. 5 Lakhs
for cases before the Supreme Court.
- Victims of human trafficking
or forced labor (begar).
Sources: https://newslaw.in/case-type/criminal/a-case-of-culpable-homicide-the-appeal-of-kariman-vs-state-of-chhattisgarh/
https://indianexpress.com/article/india/why-convicts-dont-want-to-appeal-no-hope-fear-of-tougher-sentence-poverty-9457801/