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/