XVI. Free legal aid is the provision of free legal services in civil and criminal matters for those poor and marginalised people who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any Court, Tribunal or Authority. These services are governed by the Legal Services Authority Act, 1987 (the “Act”) and provided by the National Legal Services Authority (“NALSA”).
Provision of free legal aid includes:
• Representation by an advocate in legal proceedings;
• Payment of process fees, expenses of witnesses and all other charges payable or incurred in connection with any legal proceedings in appropriate cases;
• Preparation of pleadings, memo of appeal, paper book including printing and translation of documents in legal proceedings;
• Drafting of legal documents, special leave petition etc.; and
• Supply of certified copies of judgments, orders, notes of evidence and other documents in legal proceedings.
Free legal aid also includes provision of aid and advice to the beneficiaries to access benefits under welfare statutes and schemes framed by the Central Government or the state governments and to ensure access to justice in any other manner. Free legal aid is not confined to cases before the subordinate courts. Free legal aid must be provided to the needy from the lowest court to the Supreme Court of India.
According to Section 13(1) of the Act, any individual who satisfies any criteria under Section 12 is entitled to receive free legal aid, provided that NALSA is satisfied that such person has a genuine case to prosecute or defend the matter. There is hence no bar on which kind of cases one can apply for free legal aid, provided that one falls within the following categories:
• a member of a Scheduled Caste or Scheduled Tribe;
• a woman or a child;
• a person with a disability;
• an industrial workman; or
• a person in police custody.
[Extracted, with edits and revisions, from “FAQs”,National Legal Services Authority]
Incensed at Divya, Riya decides to file a civil case against Divya, claiming that Divya had violated the terms of a contract they had made some time back. Divya approaches NALSA for free legal aid to defend the matter, which NALSA agrees to provide. Since Riya is also short of funds, she too approaches NALSA for free legal aid. NALSA refuses to provide legal aid to Riya, since they are already providing Divya free legal aid in the same case. Is NALSA right in refusing free legal aid to Riya?
Correct Answer :
Yes, since NALSA cannot provide free legal aid to opposing parties in the same matter.
Solution :
The correct answer is: No, since Riya is a woman, and is entitled to free legal aid as long as NALSA is satisfied she has a genuine case.
Step-by-step Explanation:
1. Analyze the Passage Rules:
According to the provided passage:
• Any individual who satisfies any criteria specified under Section 12 is entitled to receive free legal aid, provided NALSA is satisfied that the person has a genuine case to prosecute or defend.
• One of the explicitly listed eligible categories under Section 12 is "a woman or a child".
• Free legal aid applies to both civil and criminal matters.
• The passage does not mention any prohibition or bar against providing legal aid to both opposing parties in the same matter, as long as each party meets the eligibility criteria and has a genuine case.
2. Evaluate the Facts:
• Riya is filing a civil case against Divya.
• Riya is a woman, which automatically places her in an eligible category for receiving free legal aid under Section 12 of the Legal Services Authority Act, 1987.
• NALSA refused legal aid to Riya solely on the grounds that it was already assisting Divya in the same case.
3. Conclusion:
NALSA's refusal based on assisting the opposing party is incorrect according to the principles outlined in the passage. Because Riya is a woman, she is entitled to free legal aid provided NALSA is satisfied she has a genuine case to prosecute.
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