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ESC

Recently, a 2-Judge bench of the Supreme Court in Suhas Chakma vs. UoI case issued practice directions to all courts to ensure that beneficial schemes promoted by legal services authority reaches all.

Key highlights of the Court Direction

  • National Legal Service Authority (NALSA) in cooperation with the State and District Legal Service Authorities will ensure that SOPs on Access to Legal Aid Services to prisoners are operated efficiently in practice.
  • Awareness generation: Adequate literature including in local languages in the States and appropriate promotional methods should be launched so that the intended consumers of justice can make best use of the same.
    • Display boards in public places like police stations, post offices, bus stands, railway stations, etc., furnishing the address for contact and the phone numbers of the nearest legal aid office.

Statutory Framework for Legal Aid

  • Article 39A of the Constitution: Directs the State to secure free legal aid so that no citizens are deprived of securing justice by reason of economic or other disabilities.
  • Legal Service Authority Act, 1987: Provides a legal and institutional framework for providing legal aid by constituting- 
    • Legal Services Authorities at the National, State, District, and Taluka level; and 
    • Legal Services Committees in the Supreme Court, High Courts, District Courts, and Taluka Courts.

Eligibility for Legal Aid under Legal Services Authority Act, 1987

  • Women or children;
  • Members of Scheduled Castes or Scheduled Tribes;
  • Industrial workmen;
  • Persons with disabilities;
  • Victims of human trafficking or beggar;
  • Victims of a mass disaster, ethnic, violence, caste atrocity, flood, drought, earthquake or industrial disaster;
  • Persons in custody in protective home, juvenile home, or in a psychiatric hospital.
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