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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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