Do you all know our Constitution of India provide free legal aid to the poorer and weaker section of the society? The simple answer to this by most of the people is “NO”. Yes, many of the citizens are not aware of this right which is guaranteed under Article 39-A of the Constitution of India. It provides for free legal aid to the poor and weaker sections of the society, to promote justice on the basis of equal opportunity. Free legal aid is also a fundamental right under Article 21 of the Constitution of India. Ensuring legal aid to everyone is necessary for ensuring substantive equality.
In pursuant to this in 1987, the ‘Act’ was enacted by Parliament. On 9th November 1995, the Act came into enforcement. It took almost 8 years for its enforcement and to establish a nationwide uniform network for providing free and competent legal services to the weaker sections of the society.
Who is entitled to legal aid?
According to Section 12 of the Legal Services Authorities Act, the following categories of people are entitled to free legal services:
- A member of a Scheduled Caste or Scheduled Tribe;
- A victim of trafficking in human beings or begar 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
- in custody, including protective custody;
- Facing a charge which might result in imprisonment;
- Unable to engage a lawyer and secure legal services on account of reasons such as poverty, indigence, and incommunicado situation;
- In cases of great public importance;
- Special cases considered
Any citizen of India whose case is before a Court, other than the Supreme Court, and whose annual income from all sources does not exceed *Rs. 3,00,000/- shall be entitled to legal services. Free legal services include free legal aid in civil and criminal matters for those poor and marginalised people who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any court, tribunal or before an authority. For women, child & under trials advocate is provided free of cost. Provision of free legal aid may include:
- Representation by an advocate in legal proceedings.
- Preparation of pleadings, memo of appeal, a paper book including printing and translation of documents in legal proceedings;
- Drafting of legal documents, special leave petition etc.;
- Rendering of any service in the conduct of any case or other legal proceeding before any court or other authority or tribunal and;
- Giving advice on any legal matter.
The person can refer nalsa.gov.in website or State Legal Services website i.e. legalservices.maharashtra.gov.in if he/she needs assistance for free legal aid and can make an application online. Moreover, do you all know that there is an office of Mumbai District & Suburban Legal Services Authority in Bandra West near Bandra Talao and behind LIC Office, High Peak Apartment, Old Bandra Court, S.V. Road, Bandra West, Mumbai – 400050. If any citizen has any legal issue can approach the authorities in the said office.
Not only this, in fact, there is College who offer free legal aid which is a prominent College i.e. K. C. Law College, Mumbai which is located at Churchgate and had also received Maharashtra Government grant for the purpose of legal aid. A common man can approach the institution any time for free legal aid services on any matter whether civil or criminal. At last, I would say utilise such facilities from the authorities which are really beneficial for society. Do not hesitate because the motto of legal aid is Justice is for everyone.
