Who are Entitled to Free Legal Service in India?

Accessing the justice and opportunity to be represented in the court is Constitutional as well as Fundamental Right. And, to justify this right, the provision of legal aid and free legal service plays a crucial role. The provision of free legal service designed to provide free legal advice, counseling, legal representation, and any such other legal service as per the requirements. However, this service is not available for all rather for certain class of people, as defined by the Legal Service Authority Act.

Basis for Free Legal Service in India

Primarily, the right to free legal aid is defined under Article 39A and it is backed up by Article 21 of the Indian Constitution. Article 39A states that the state will endeavor to provide equal justice and free legal aid. And, to operationalize this constitutional provision, the Legal Services Authorities Act, 1987 was legislated. The Act has established legal services authorities at the national, state, and district levels, which are responsible for providing free legal services to all eligible individuals.

Eligibility Criteria

Section 12 of the Legal Services Authorities Act, 1987 defines the eligibility criteria and states that

Every person who has to file or defend a case shall be entitled to legal services under this Act if that person is −

Scheduled Castes and Scheduled Tribes

All the members of Scheduled Castes (SC) and Scheduled Tribes (ST) are entitled for free legal services. As they are needed to be given special safeguards to protect the rights of marginalized communities.

Women and Children

Women and children of all sections are entitled to get legal aid service without and condition. However, the women and children who belong to disadvantaged backgrounds, are entitled to free legal aid.

Victim of Trafficking in Human Beings or Beggar as Referred in Article 23 of the Constitution

Individuals who have been saved from human trafficking, domestic violence, or abuse are entitled to free legal services to help them seek justice and rehabilitation. Secondly, beggars are also entitled for legal aid.

Persons with Disabilities

As defined in clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995; the persons with disabilities are entitled for free legal aid, as they might face problem in accessing legal service for themselves.

Victims of Natural Disasters

As per the provision, 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 are eligible for free legal aid.

An Industrial Workman

Industrial workmen are eligible for free legal aid.

The Accused and Victims

As per the provision, the individual who is - in custody, including custody in a protective home within the meaning of clause (g) of section 2 of the Immoral Traffic (Prevention) Act, 1956, or in a Juvenile home within the meaning of clause (j) of section 2 of the Juvenile Justice Act, 1986, or in a psychiatric hospital or psychiatric nursing home within the meaning clause (g) of section 2 of the Mental Health Act, 1987, is eligible for free legal aid.

Economically Weaker Sections (EWS)

The authority sets a financial or annual income criteria; and, all those people who fall below a specified threshold, are entitled to free legal aid. For state-wise ceiling limit, check out the table given below −

Andhra Pradesh	Rs. 3,00,000/-
Arunachal Pradesh	Rs. 1,00,000/-
Assam	Rs. 3, 00, 000/-
Bihar
4	Rs. 1,50,000/-
Chhattisgarh	Rs. 1,50,000/-
Goa	Rs.3,00,000/-
Gujarat	Rs.1,00,000/-
Haryana	Rs. 3,00,000/-
Himachal Pradesh	Rs. 3,00,000/-
Jammu & Kashmir	Rs. 3,00,000/-
Jharkhand	Rs. 3,00,000/-
Karnataka	Rs. 3,00,000/-
Kerala	Rs. 300,000/-
Madhya Pradesh	Rs. 2,00,000/-
Maharashtra	Rs. 3,00,000/-
Manipur	Rs. 3,00,000/-
Meghalaya	Rs. 3,00,000/-
Mizoram	Rs. 25,000/-
Nagaland	Rs. 1,00,000/-
Odisha	Rs.3,00,000/-
Punjab	Rs. 3,00,000/-
Rajasthan	Rs. 3,00,000/-
Sikkim	Rs. 3,00,000/-
Telangana	Rs.3,00,000/-
Tamil Nadu	Rs. 3,00,000/-
Tripura	Rs. 1,50,000/-
Uttar Pradesh	Rs. 3,00,000/-
Uttarakhand	Rs. 3,00,000/-
West Bengal	Rs. 1,00,000/-
Andaman & Nicobar Islands	Rs.3,00,000/-
Chandigarh UT	Rs. 3,00,000/-
Dadra & Nagar Haveli UT	Rs. 15,000/-
Daman & Diu	Rs. 1,00,000/-
Delhi	Rs.3,00,000/-
Ladakh	Rs. 1,00,000/-
Lakshadweep	Rs. 3,00,000/-
Puducherry	Rs. 1,00,000/-

Implementation Mechanisms

Primarily, the National Legal Services Authority (NALSA) is responsible to provide free legal aid to the eligible people. However, NALSA works at various levels to implement and facilitate free legal services. To provide or implement the provision, NALSA organizes legal aid clinics, awareness campaigns, and provide legal representation through empaneled lawyers.

Conclusion

The provision of free legal services in India is designed on the basis of constitutional mandates. So, by providing free legal aid to the economically disadvantaged and marginalized sections of society, it ensures a commitment to the principles of justice, equality, and the rule of law. Moreover, as legal services continue to evolve, it is essential to raise awareness about these services and strengthen the mechanisms that make justice a reality for all.

Frequently Asked Questions

Q1.How is eligibility determined for economically weaker sections?

Ans. Eligibility for economically weaker sections is often decided on the basis of an individual's annual income, with a specified threshold set by the State legal services authorities. Every state has different income threshold for example, Andhra Pradesh limits 3 Lakh; Mizoram 25,000; Gujarat 1 lakh (annual income); and so on.

Q2.Are women and children automatically entitled to free legal services?

Ans. Yes, women and children are automatically entitled to free legal services. However, those women and children who are from disadvantaged backgrounds, are automatically entitled to free legal services to ensure their rights and well-being are protected.

Q3.What types of cases are covered under free legal services?

Ans. Usually, free legal services cover a wide range of cases, including criminal, civil, family disputes, and issues related to human rights violations.

Q4.How do legal services authorities operate in India?

Ans. In India, the supreme authority responsible for managing and providing free legal aid, is National Legal Services Authorities (NALSA). NALSA operates at the national, state, and district levels and organizes legal aid clinics, awareness campaigns, and collaborates with lawyers to provide free legal representation.

Q5.What steps can individuals take to avail themselves of free legal services?

Ans. Individuals can approach the nearest local Legal Services Authority or legal aid clinics, where they will be guided on the eligibility criteria and based on that they will be provided free legal services. Since, it is operated as district level as well; therefore, needy people need to approach such legal center in their district.

Q6.Is legal representation provided for all stages of legal proceedings?

Ans. Yes, free legal services are provided at all levels starting from giving legal advice, counselling (if required), filing of case, representation of case in the court, and after decision given by the lower court, if individual is not satisfied then also appeal in higher court.

Q7.How can legal professionals such as advocates and lawyers contribute to free legal services?

Ans.Eligible legal professionals first need to get empaneled with Legal Services Authorities and volunteer their services to represent eligible individuals in need of legal aid. It is free service; so, candidates need to show their interest so moto.