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NALSA (NATIONAL LEGAL SERVICES AUTHORITY)

Posted 15 Mar 2024

5 min read

Why in News?

Parliamentary Standing Committee submitted its Report on “Review of the working of Legal aid under the Legal Services Authorities Act, 1987” 

 

What is NALSA?

  • NALSA, or the National Legal Services Authority, is an apex organization established under the Legal Services Authorities Act, 1987
  • It oversees the implementation of legal aid policies and programs and monitors legal aid activities across India.
  • The core principle of NALSA in India is to ensure that the impoverished and underprivileged have access to justice through the provision of free legal services.
  • The legal aid under it is applicable to Courts, tribunals, and other bodies with judicial or quasi-judicial powers.
  • It also promotes Settlement of Disputes through Alternate Dispute Resolution (ADR) Mechanisms.
  • Central Government allocates annual funds to NALSA, distributed to State and District Legal Services Authorities.
    • State Governments cover state-level expenses, including salaries.
  • The weaker sections covered under Section 12 of the law include:
    • Women and Children
    • Members of Scheduled caste or Scheduled Tribes
    • Industrial Workmen
    • Persons with Disability
    • Persons in Custody
    • Victims of Human trafficking
    • Victims of Natural Disasters, Ethnic/caste violence, industrial Disaster
    • Persons with an annual income of less than Rs 1,00,000/- Or as notified by the Central/State Governments
  • NALSA grants authority to oversee legal aid initiatives to:
    • Legal Services Authority at National/State/District Level
    • Taluka/Sub divisional Legal Services Committee
    • High court and Supreme Court Legal Services Committees

 

Functions of NALSA

  • Legal Aid and Assistance: It includes advocate representation, process fee payments, document preparation, including drafting and translation, and provision of certified copies of legal documents in proceedings.
  • Participation in PILs litigation for social justice on behalf of the marginalized under Section 4(d) of the Legal Services Authorities Act 
    • The protection of fundamental rights of the abandoned and destitute women/widows in Vrindavan. Ex: The NALSA vs. Union of India (2014) recognizes transgenders to be the third gender.
  • Lok Adalats and Mediation: Aimed at resolving legal disputes expeditiously and amicably, thereby reducing the burden on the formal judicial system.
  • Legal Awareness: To promotes legal literacy through various means, including seminars, pamphlet distribution, television and radio appearances, internships for law students, and Legal Aid Clinics in colleges etc.
  • Victim Compensation: Through schemes like “Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes” NALSA aims to provide compensation and support to women who are victims or survivors of sexual assault or other crimes.

Constitutional Provisions related to Free Legal Aid

  • Article 39A: Mandates the State to ensure justice with equal opportunity, including free legal aid provision.
  • Article 14: Guarantees equality before the law for all individuals within India's territory.
  • Article 22(1): Provides protection to individuals arrested or detained, ensuring their right to legal consultation and representation.

 

Issues identified in report and Key recommendations

Issues

Recommendations/Observations

  • Lack of Awareness and Legal Education: India Justice Report 2019 despite over 80% eligibility, only 15 million have used legal aid since 1995
  • Execute mass media campaigns for legal aid awareness 
  • NALSA should prioritize assisting vulnerable sections, particularly undertrial prisoners, and study cases of prolonged detention and bail challenges.
  • Budgetary Constraints and Allocations: India's legal aid spend is 0.75 paise per capita annually for year 2017-18 as per India Justice Report, 2019
  • Increase Grant-in-aid to NALSA substantially to bridge justice gap.
  • Role of Lawyers and Compensation: Lawyers refrain from pro bono due to fee caps; receive nominal honorarium ranging from 1,500 to 7,500 rupees.

 

 

 

 

  • Ensure Fair Compensation 
  • Mandate lawyers to engage in annual pro bono work.
  • Senior Advocate Panels for pro bono services in District Judiciary, High Courts, and Supreme Court.
  • Merit Certificates to Recognize lawyers' pro bono contributions for judicial career advancement.
  • Challenges faced by Lok Adalats: Limited powers and procedural constraints, inability to compel parties to appear causing delays and Insufficient infrastructure and resources.
  • To Revise powers and procedures of Lok Adalats and equip them with modern technology, adequate resources, and training to streamline processes and minimize delays.
  • Under-utilisation of Para-Legal Volunteers (PLVs)
  • Train PLVs comprehensively, provide resources, and fair compensation.
  • Conduct awareness campaigns and appreciate PLVs' contributions to enhance motivation.
  • Shortage of staff and unfilled vacancies: As of December, 2022, NALSA operated with only 20 staff members out of its sanctioned 34 positions.
  • Fill vacant positions promptly and consistently to prevent accumulation of unfilled vacancies.

 

 

  • "Designing Innovative Solutions for Holistic Access to Justice in India (DISHA)”
  • Nyaya Bandhu Platform: Facilitate connection between Pro Bono Advocates and registered beneficiaries, encouraging Pro Bono culture among law students, advocates, and law schools.
  • Tele-Law Service: Connect beneficiaries with lawyers via tele/video conferencing, available in 2.5 lakh Gram Panchayats across 766 districts.
  • Legal Aid Defence Counsel System (LADCS): Initiated by NALSA, ensures efficient legal aid in criminal cases by engaging full-time lawyers across 676 districts nationwide, mirroring public defender systems in developed countries.
  • Nyaya Mitra programme: Facilitate disposal of 15-year-old pending cases at the district level through its Nyaya Mitra programme and to empower citizens through Pan India legal literacy and legal awareness programme.
  • Tags :
  • Legal Services
  • Legal Services Authorities Act
  • Legal Aid
  • Lok Adalat
  • Article 39A
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