Question.
Who is entitled to receive free legal aid? Assess the role of the National Legal Services Authority ( NALSA) in rendering free legal aid in India.
(UPSC 2023 General Studies Paper 2 (Main) Exam, Answer in 150 words)
Answer.
The right to free legal aid is considered an essential part of ensuring access to social justice for all. It is mentioned in Article 39A of the Constitution, which is part of the Directive Principles of State Policy ( DPSP).
The Legal Services Authorities Act, of 1987 provides the eligibility criteria for receiving free legal aid. The goal is to provide legal assistance to those who are economically poor and socially backward and unable to afford legal representation.
The following people are entitled to receive free legal aid:
Marginalized Communities ( Scheduled Caste and Scheduled Tribes):
Members of marginalized and underprivileged communities, including scheduled castes, scheduled tribes, and other backward classes, are entitled to free legal aid.
Economically Weaker Sections:
People belonging to economically weaker sections of society, who have low incomes and who cannot afford the services of a lawyer, are entitled to free legal aid.
Women and Children:
Women who are facing domestic violence, harassment, or discrimination are entitled to free legal aid.
Children or women who are victims of human trafficking or beggars are entitled to free legal aid.
Prisoners:
People who are prisoners are entitled to legal free aid.
The National Legal Services Authority ( NALSA) is a key institution in India that is responsible for providing and ensuring free legal aid and it is established under the Legal Services Authorities Act, 1987.
The role of the National Legal Services Authority ( NALSA) in rendering free legal aid in India is as follows:
Coordination:
National Legal Services Authority ( NALSA) coordinates and monitors the implementation of legal aid programs in India. It coordinates with State Legal Services Authorities and District Legal Services Authorities ( DLSAs) to ensure the effective delivery of free legal services.
Awareness Program:
The National Legal Services Authority ( NALSA) plays an important role in spreading awareness about legal rights and promoting legal literacy. They educate people about their entitlement to free legal aid and the services available to them.
Legal Aid Clinics:
National Legal Services Authority ( NALSA) supports the establishment of legal aid clinics at various levels, including remote locations.
Supervision and Evaluation:
National Legal Services Authority ( NALSA) supervises and evaluates the functioning of legal aid authorities at various levels to ensure the effective delivery of legal services.
Challenges faced by the National Legal Services Authority ( NALSA):
Poor Service Delivery:
The Free legal aid provided by lawyers is sometimes sub-standard and poor. It makes them unreliable in the eye of the public to get justice.
Awareness:
Despite efforts made by the National Legal Services Authority ( NALSA), the majority of the population remains unaware of the free legal aid.
Limited adoption of Alternative Dispute Resolution:
National Legal Services Authority ( NALSA) failed to provide free legal aid to the poor through Alternative Dispute Resolution. As per estimate, the National Legal Services Authority ( NALSA) is involved in resolving only 1 % of the total litigation.
In Summary, the National Legal Services Authority ( NALSA) plays a pivotal role in the administration of free legal aid in India. It is working towards the goal of ensuring justice for all needy people, especially those who are economically and socially backward.
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