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Article 39A of the Constitution of India provides free legal aid to the poor and weaker sections of the society and ensures justice for all. Articles 14 and 22(1) of the Constitution also mandate the state to ensure equality before the law and a legal system that promotes justice on the basis of equal opportunity for all. In 1971.
1987, the Legal Services Authority Act was enacted by Parliament which came into effect on November 9, 1995 to establish a nationwide uniform network for providing free and appropriate legal services to the weaker sections of society on an equal opportunity basis. The National Legal Services Authority (NALSA) was constituted under the Legal Services Authorities Act, 1987 to monitor and evaluate the implementation of legal aid programs and to lay down policies and procedures for providing legal services under the Act.
In each State, a State Legal Services Authority and in each High Court, a High Court Legal Services Committee has been constituted. District Legal Services Authorities, Taluk Legal Services Committees have been constituted in the districts and most of the taluks to implement the policies and directives of NALSA and to provide free legal services to the people and to run the Lok Adalat in the state.
The Supreme Court Legal Services Committee has been constituted to manage and implement the legal services program as it relates to the Supreme Court of India.
Functionality of NALSA
NALSA formulates policies, principles, guidelines and frames effective and economical plans for State Legal Services Authorities to implement legal services programs across the country.
Primarily, the State Legal Service Authority, District Legal Service Authority, Taluk Legal Service Committee, etc. have been asked to perform the following main functions on a regular basis:
providing free and appropriate legal services to eligible persons;
Organizing Lok Adalat for amicable settlement of disputes and
Organizing legal awareness camps in rural areas.
I Free legal services
Includes free legal services
Court fees, process fees and all other charges payable or payable in connection with any legal proceeding.
Providing services to lawyers in legal proceedings.
Obtaining and supplying certified copies of orders and other documents in legal proceedings.
Including preparation of appeals, printing of paper books and translation of documents in legal proceedings.
Persons eligible for free legal services include
women and children;
SC/ST members
Industrial workers
Victims of mass disasters, violence, floods, droughts, earthquakes, industrial disasters.
disabled person vi) Persons in custody
Whose annual income does not exceed R.s 1 lakh (limit R.s 5,00,000/- in Supreme Court Legal Services Committee.
Victims of human trafficking or beggars
Lok Adalat
Lok Adalat is an alternative dispute resolution mechanism. It is a forum where disputes/cases pending before law courts or at pre-litigation stage are settled/compromised amicably. Lok Adalat’s have been given statutory status under the Legal Services Authority Act, 1987. Under this Act, an award made by a Lok Adalat is deemed to be a decree of a Civil Court and is final and binding on all parties and no appeal lies. against it in any court.
Lok Adalat’s are being organized by the Legal Services Authority Committee for disposal of cases pending before the Court under 19 of the Legal Services Authority Act, 1987 and for pre-litigation stage matters under the direction of NALSA.
Chapter VI-A was inserted in 2002 by the Legal Services Authority Act, 1987, to provide mandatory pre-litigation mechanism for conciliation and settlement of disputes relating to Public Utility Services
Further in the wake of Corvid, the concept of e-Lok Adalat has been developed which has significantly improved access to justice for people unable to attend Lok Adalat.
Legal Awareness Programmed
As part of preventive and strategic legal assistance, NALSA conducts legal literacy programs through State Legal Services Authorities. In some states, apart from rural legal literacy camps, legal literacy programs are conducted every year in schools and colleges and to empower women on a regular basis.