Ever heard stories that people were denied justice because they could not bear the cost of a lawyer? Wondering how many individuals suffer in silence because they have no idea about their legal rights? Ensuring every citizen has the right to justice is a massive and crucial task in a country like India. This is where the effective role of the Legal Services Authority Act comes into play.
Let’s picture this! Having a system where everyone can access justice, irrespective of their financial status is a dream for many. Every person must know their rights and how they can defend them in a country like India. This does not seem like a dream, but a mere vision behind the Legal Services Authority Act of 1987.
In this blog, we will delve into the Legal Services Authority Act.
First things first!
What is the Legal Services Authority Act?
The Legal Services Authority Act is a significant piece of legislation in India. Implemented in 1987, its primary goal is to provide independent legal services to individuals, feeling deprived of their rights. This consists of people who have to think twice before covering the expense of paying for lawful representation.
This act ensures that no individual feels disadvantaged when securing justice owing to economic or other disabilities. The Legal Services Authority Act created diverse bodies at district, national, and state levels. These bodies work in harmony to provide legal support and raise legal awareness among the common public.
The Indian Constitution serves every Indian citizen with equal opportunity and seamless access to competitively priced legal support. Article 39 A of the constitution provides these individuals with equal justice and legal support to society’s underprivileged sections.
The NLSA (National Legal Services Authority) manages the implementation of the Act, which was developed to break down the obstacles, preventing individuals from gaining access to the legal system.
The Act gives the provisions for seamless and safe procedures to serve lawful support to the country’s fiscally challenged citizens. Moreover, the Act ensures that justice is provided considering equal opportunities.
What is the Purpose of the Legal Services Authority Act?
Let us dig into the purpose of this indispensable Act.
1. Ensuring Access to Justice
The Legal Services Authority Act’s main purpose is to provide legal services (free of charge) to every section of society. This consists of disregarded groups, including women, children, Scheduled Tribes, Scheduled Castes, and other socially and financially backward classes. The Legal Services Authority Act, by offering free legal support, ensures that these groups have access to someone who can represent them legally. A lawyer who can defend their rights in a court of law!
2. Promoting Legal Awareness
A crucial aspect of the Legal Services Authority Act is to promote legal awareness among the masses. Several people, specifically in rural and backward areas, don’t know their legal rights and what remedies are available to deal with them.
The Act commands the organization of lawful literacy camps and various awareness programs. These programs play a significant role in educating citizens about their rights and the legal processes available. Encouragement through knowledge assists individuals in recognizing and fighting against exploitation.
3. Establishing Legal Aid Institutions
The Legal Services Authority Act led to the creation of various legal support institutions at different levels namely national, state, and district. The NALSA (National Legal Services Authority Act) was made to manage and set up policies at the state level. These bodies collaborate to provide legal assistance ensuring that the system for delivering justice is extensive.
4. Lok Adalats: Expedited and Agreeable Resolution
The foundation of Lok Adalats is one of the most distinctive features of the Legal Services Authority Act. Also referred to as People’s Courts, these Adalats provide a substitute dispute resolution framework. Not only do People’s Courts settle cases rapidly but also cordially. As a result, they alleviate the burden on conventional courts.
Cases in People’s Courts are resolved through two of the most important elements: negotiation and compromise. Aside from saving valuable time, this maintains peace between the parties involved. The Lok Adalats’ decisions are mandatory and legally binding, which makes them a highly effective tool when it comes to finding a solution for disputes.
5. Criteria for Legal Assistance
The Legal Services Authority Act indicates the eligibility requirements to use free legal services. Those who cannot afford the cost of a judicial process are liable to receive legal assistance. This consists of individuals with an annual income below a specific limit.
Furthermore, it comprises disaster victims, trafficking victims, mentally ill individuals, etc., as stated by the authorities. The Act ensures that the society’s most unprotected sections receive mandatory legal assistance.
What are the Eligibility Requirements for the Legal Services Authority Act?
The primary goal of the Legal Services Authority Act is to provide free legal support to the citizens of India who are financially disadvantaged. However, to take advantage of the services, an individual has to meet the requirements mentioned below.
Section 12 of the Legal Services Authority Act of 1987 provides legal aid with no charge to the individuals meeting the requirements below:
- A person belongs to a Scheduled Cast or a Schedule Tribe.
- The suffering individual is a beggar or a human trafficking victim.
- The suffering individual is either a woman or a child.
- The suffering individual is a victim of unwarranted poverty, including a natural disaster like a flood or earthquake, a victim of an industrial catastrophe, or communal violence.
- The suffering individual is mentally unwell or otherwise weakened.
- The suffering individual is a factory worker.
Implementation Challenges of the Legal Services Authority Act
The Legal Services Authority Act has made considerable developments to ensure justice for all the underprivileged people of India. However, numerous challenges to their implementation are being faced. The lack of awareness among eligible claimants about the free legal service availability is one of the major issues.
Moreover, there is a need for highly competent and experienced legal professionals who are looking to work under the legal support system. Regardless of these challenges, the authorities engage in a continuous endeavor to boost the reach of legal support services.
What is the Act’s Influence on Society?
The Influence of the Legal Services Authority Act on the society of India has been intense. It has decentralized access to justice and authorized the oppressed individuals to stand up for their rights.
The Act has also made a contribution to social harmony by providing a unique platform for harmonious dispute resolution. The Legal Services Authority Act has played an indispensable role in creating an unbiased society.
Final Thoughts
The Parliament of India implemented the Legal Services Authorities Act in 1987 to ensure the right to free or reasonably priced legal support to the financially challenged and socially deprived sections of society. The Act provided for the establishment of the NALSA in 1995 to ensure legal assistance without any charge. The Chief Justice of the Supreme Court of India heads NALSA.
Frequently Asked Questions
The Legal Services Authority Act of 1987 ensures free legal support to neglected sections of society. It establishes lawful service institutions at diverse levels to promote access to justice.
Individuals from economically vulnerable sections, Scheduled Castes, Scheduled Tribes, children, women, and physically challenged persons can benefit from free legal assistance according to the Act’s provisions.
The Act dictates legal literacy campaigns, programs, and workshops to enlighten Indian citizens about their rights and what legal services they can avail.
Absolutely! Free legal support is not only available for civil but also criminal cases to those individuals who meet the eligibility requirements. It ensures impartial representation and justice for all the citizens of India.
The NALSA (National Legal Services Authority) designs policies, tracks implementation, and ensures all eligible individuals have access to free legal support across India.
