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]
Divya was arrested by the police and charged with having committed a murder. She was convicted by the trial court and appealed to the high court. She lost her appeal there and decided to appeal to the Supreme Court. By this time she has run out of money, so she approaches NALSA and asks them to help her get an advocate who can represent her before the Supreme Court. Is Divya entitled to support from NALSA?
Correct Answer :
Yes, she is entitled to free legal aid in the Supreme Court proceedings because she is a woman.
Solution :
Correct Answer: Yes, she is entitled to free legal aid in the Supreme Court proceedings because she is a woman.
Step-by-step Explanation:
1. Analyze the Eligibility Criteria: According to the provided text under Section 12/13(1) of the Legal Services Authority Act, 1987, free legal aid is available to individuals who fall into specific categories, which explicitly include "a woman or a child".
2. Analyze the Scope of Legal Aid: The passage explicitly states that "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." Thus, the stage of appeal before the Supreme Court is covered.
3. Apply the Facts of the Case: Divya is a woman who has run out of money and needs representation before the Supreme Court. Because she is a woman, she satisfies the category requirements set out under the Act for receiving free legal aid at any stage of legal proceedings, including the Supreme Court.
4. Conclusion: Divya is entitled to free legal aid from NALSA for her Supreme Court proceedings primarily because she satisfies the statutory criterion of being a woman.
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