Relevance: GS-2 :  Structure, Organization and Functioning of the Executive and the Judiciary, Important Aspects of Governance, Transparency and Accountability

Key Phrases: National Legal Services Authority Act 1987, pro-bono cases, Lok Adalats, alternative dispute resolution, effective justice delivery.

Why in News?

• Justice Uday Umesh Lalit, judge of the Supreme Court and the Executive Chairman of the National Legal Services Authority, has stressed the need to provide quality services while providing free legal aid.
• To augment the quality of services of legal aid, Justice Lalit said that it was important to induct talented and committed persons.
• He also pointed out that certain High Courts have a system that advocates conferred with senior designation should handle a specified number of pro-bono cases.
• He also mentioned that free legal aid does not mean poor legal aid, free legal aid must mean quality service. He expressed concerns at the extremely low percentage of cases which land up with the Legal Services Authority. Referring to statistics, he said that the Legal Services Authority handle just 1% of the litigation.

About Legal Services Authorities Act:

• This act was passed in 1987 and came into force on 9th November 1995.
• It aims to provide competent and free legal aid to people who belong to marginalized socio-economic communities in the country.
• The Act also mentions the setting up of Lok Adalats for the settlement of disputes amicably.
• The National Legal Services Authority (NALSA) was constituted under this act.
• The NALSA bears the costs of filing or defending the case, as well as providing the person with counsel at the expense of the state.

National Legal Services 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.
• NALSA is located at New Delhi. 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.

Criteria for providing Free Legal Aid:

• They are a member of a Scheduled Caste/ Scheduled Tribe, a woman, child, specially-abled or mentally challenged, victims of human trafficking or beggar,
• An industrial workman,
• A victim of “a mass disaster, ethnic violence, caste atrocity”, natural or industrial disaster,
• A person in custody, juvenile home or protective custody or in a psychiatric nursing home or hospital,
• A person with annual income of less than Rs 9,000 or any such amount laid down by the government.

Lok Adalats:

• Lok Adalat (People’s Court) is an alternative dispute resolution mechanism.
• The forum can settle cases pending on panchayat or at a pre-litigation stage in a court of law.
• The decisions have statutory status under the Legal Services Authorities Act, 1987.
• Under this Act, the award (decision) made by the Lok Adalats is deemed to be a case of a civil court, final and binding for all parties, and not subject to appeal.
• It has broad powers to devise its procedures, compared to national courts.
• If the parties do not recognize the Lok Adalat (though there is no provision for an appeal against such a prize), they may initiate litigation by approaching the court of appropriate jurisdiction.

Issues and Challenges:

• Lack of Public Legal Education and Legal Awareness
  • These legal aid services are for the poor and illiterate people, and the major issue is that they are not educated. They are not aware of their basic rights and legal rights.
• Lack of Support by the Advocates, Lawyers:
  • These days all the lawyers and advocates want the proper fee for their services, and most of them are not interested in participating in such social services. There are very few counsels who contribute these services but the lack of good quality legal representation hinders the delivery of justice.
• Lack of Powers to Lok Adalats:
  • Lok Adalats have limited powers as compared to civil courts. Firstly, the lack of proper procedures. Also, they cannot compel the parties to appear for the proceedings and many time this result in a delay in the disposal of cases here as well.
• Underutilization of Para-Legal Volunteers:
  • The basic role of these para-legal volunteers is to promote legal aid camps, schemes and to reach to the poor and weaker sections of the society. But there is a lack of proper training, monitoring, verification, of these para legal volunteers. And these volunteers are also very less in number as compared to the population which is to be served.

Solutions and Suggestions:

• Role of NGOs:
  • Involving and increasing the role of non-governmental organizations to create awareness amongst the people about their rights and effective justice delivery.
• Legal Aid Programmes and Legal Awareness:
  • There should be an organization of legal aid camps and Lok Adalats at a mass level to spread awareness about the rights of the people.
  • There should be the establishment of the entitlement centres at various backward areas to make them aware of the rights, laws and encourage them to opt for free legal services by solving disputes through Alternative Dispute Arbitration, Lok Adalats, etc.
• Legal Literacy Mission:
  • Other developed countries have missions of 2 years or 5 year plans to inform people about the laws and rights.
  • India can also introduce a 5-year plan to educate people about their rights and laws.
• Better Remuneration to the Lawyers:
  • Nowadays, a good representation for lawyers is difficult to find because they are not interested in giving free legal services, and expect certain fees for the services.
  • So, there should be an increase in remuneration paid to the lawyers by the courts or government, appearing or defending the accused for free.
• Feedback Approach:
  • The monitoring of the work of the counsels should be evaluated through the feedback approach, that is, by asking the people about the feedback of the work of the counsel and then there should be proper progress reports of every advocate.

Conclusion:

• We need to come together to improve the justice systems. Standalone decisions and strategies won’t work any longer. The police need to collaborate with the people to develop a trust-based, solution-oriented relationship. Non-profits should collaborate to achieve the shared goals.

Sources: Live-Law   Nalsa.Gov.in

Mains Question:

Q. Recently Supreme Court Justice has commented on the poor quality of free legal aid in India. In this context discuss the laws dealing with free legal aid to the marginalized sections of our society and also mention the issues and challenges to provide a quality free legal aid along with the solutions which can be implemented to make the quality legal service inclusion in India?