IAS Gyan

Daily News Analysis

Legal Protection to Marginalised Section of Society

1st November, 2021 Society

Figure 2: No Copyright Infringement Intended

 

Context:

  • Supreme Court judge Justice U U Lalit has expressed the need to ensure legal protection to the marginalised sections of the society.

Existing Mechanism:

  • State legal Services Authority is bound to ensure legal aid to the weaker sections of the community, including women and children.
  • But, results do not reach the beneficiaries as they are not aware of the existence of the schemes.
  • Legal Services Authority is duty bound to arrange facilities to ensure that legal aid activities are reaching to the eligible people through the Legal Services Institutions.
  • The service of the Legal Services Institutions shall reach every nook and corner of the State.
  • Constitution provides free legal aid to each and every eligible citizen.
  • Hence there should be programmes for making the beneficiaries capacitated enough to avail the benefits by providing awareness.

 

Constitutional Provision regarding legal aid:

  • 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.

 

National Legal Service Authority:

  • The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society and to organize Lok Adalats for amicable settlement of disputes.
  • In every State, State Legal Services Authority has been constituted to give effect to the policies and directions of the NALSA and to give free legal services to the people and conduct Lok Adalats in the State.
  • The State Legal Services Authority is headed by Hon’ble the Chief Justice of the respective High Court who is the Patron-in-Chief of the State Legal Services Authority.
  • In every District, District Legal Services Authority has been constituted to implement Legal Services Programmes in the District.
  • The District Legal Services Authority is situated in the District Courts Complex in every District and chaired by the District Judge of the respective district.

 

Provision of free legal aid may include:

  • Payment of court fee, process fees and all other charges payable or incurred in connection with any legal proceedings;
  • Providing Advocate in a legal proceedings;
  • Obtaining and supply of certified copies of orders and other documents in legal proceedings.
  • Preparation of appeal, paper book including printing and translation of documents in legal proceedings.
  • Rendering of any service in the conduct of any case or other legal proceeding before any court or other Authority or tribunal.
  • Giving of advice on any legal matter.

 

About LokAdalat:

  • Lok Adalat is a forum where the disputes/cases pending in the court of law or at pre-litigation stage are settled/compromised amicably.
  • The Lok Adalat has been given statutory status under the Legal Services Authorities Act, 1987.
  • Under the said Act, the award made by the Lok Adalats is deemed to be the decree of a civil court and is final and binding on all parties and no appeal lies before any court against its award.