About the Author
Meera S Gopan is a BTech Civil Engineering graduate from Kerala University. Now 5th Semester Unitary LLB student of Government Law College Trivandrum.
Question 31:
What are the criteria for giving legal services under the Legal Services Authorities Act 1987? Who are the persons entitled to legal services under this Act?
Answer :
The Legal Services Authorities Act, 1987, was enacted by the Central Government of India pursuant to Article 39-A of the Constitution of India and the recommendations of its committees. According to this Act, the economically weak, the backward, and the disabled are eligible to receive legal aid.
According to Justice Bhagawathi who established Legal aid clinic in 1971, Article 39A of the Constitution of India provides that State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disability. Articles 14 and 22(1) also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on a basis of equal opportunity to all. Legal aid strives to ensure that constitutional pledge is fulfilled in its letter and spirit and equal justice is made available to the poor, downtrodden and weaker sections of the society. The Supreme Court in Hussainara Khatoon v. State of Bihar 1979 AIR 1369, held that right to free legal aid is a fundamental right under Article 21 of the Constitution.
The Legal Services Authorities Act 1987 provides free legal aid to the eligible persons as per the provisions of this Act. National Legal Services Authority (NALSA), State Legal Services Authorities and District Level Legal Authorities were established as per the provisions of this Act to facilitate free legal services to the people.
Criteria under Legal Services Authorities Act to get Free legal aid
Section 12 of the Legal Services Authorities Act, 1987 prescribes the criteria for giving legal aid. It include persons who are :-
(a) a member of a Scheduled Caste or Scheduled Tribe;
(b) a victim of trafficking in human beings or begar as referred to in Article 23 of the Constitution;
(c) a woman or a child;
(d) a mentally ill or otherwise disabled person;
(e) 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
(f) an industrial workman; or
(g) in custody, including custody in a protective home or in a juvenile home within the meaning of clause.
(j) in a psychiatric hospital or psychiatric nursing home within the meaning of section 2 of the Mental Health Act, 1987 or
(h) in receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the State Govt., if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Govt, if the case is before the Supreme Court.
Eligibility
Section 13 of the Act states that Persons who satisfy all or any of the criteria specified in section 12 shall be entitled to receive legal services provided that the concerned Authority is satisfied that such person has a prima facie case to prosecute or to defend. An affidavit made by a person as to his income may be regarded as sufficient for making him eligible to the entitlement of legal services under this Act unless the concerned Authority has reason to disbelieve such affidavit.
It is a Constitutional and Fundamental Right to provide legal aid to the persons who are eligible for the same. The Supreme Court in Sheela Barse v. Union of India 1986 AIR 1773 held that providing legal representation to a poor suspect who has been taken into custody and is in danger of losing his life or his freedom is a constitutional obligation mandated not only by Art. 39-A but also by Articles 21 &14. Similarly in Sukhdas v. Union Territory of Arunachal Pradesh , 1986 AIR 991, the Court decided that any conviction obtained as a result of a suspect’s trial would be subject to being overturned if the suspect was not properly informed of his rights and continued to be unrepresented by an advocate. Similarly, Article 14 discusses equality before the law. So providing free legal aid to the eligible persons is necessary and the Legal Services Authorities Act provides clear description regarding the eligibility and criteria for enabling free legal aid by the Legal Services Authorities.
(Question from Munsiff Magistrate Exam Main 2022)
