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Legal Aid In India

Legal Aid Provides free legal services to the poor and needy peoples who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any court, tribunal or before an authority. Legal Aid is the method adopted to ensure that no one is deprived of professional advice and help because of lack of funds.

Therefore, the main object is to provide equal justice is to be made available to the poor and weaker section of society. Legal aid provides free legal aid services for free to the needy or the poor section of the society. The Indian government has brought out the service of free legal aid to the needy people.

In India, there are a lot of poor people who are not able to earn their two times meal also for them it is very difficult to afford an advocate for their case in such a situated problems Legal aid provides free legal services.

Persons those are entitled to Free Legal Services

The Legal Services Authorities are entitled for free legal services, they are:

  1. a member of a Scheduled Caste or Scheduled Tribe;
  2. a victim of trafficking in human beings or begar as referred to in Article 23 of the Constitution;
  3. a woman or a child;
  4. a mentally ill or otherwise disabled person;
  5. a person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or
  6. an industrial workman; or
  7. in custody, including custody in a protective home or in a juvenile home
  8. of in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of section 2 of the Mental Health Act, 1987; or
  9. A person whose annual income less than rupees fifty thousand or such other higher amount as may be prescribed by the State Government.

There are certain objectives of the government to establish a system of the free legal system. And the Right to Free Legal Aid is also mentioned under Article 39A of the Constitution of India.

Objectives:
  1. Right to Legal Aid in India

    Free legal aid is necessary for those people as it is written in our Indian constitution under Article 14 that all the people are equal to the justice should also be provided to all persons whether they are rich or poor. Free legal aid is given to the poor who are not able to fight a case against a powerful or a rich person can also get justice.

  2. Legal Representation

    Legal representation means that the poor and the weaker section get legal representative as they are also the citizen of India and it is our fundamental right to equality under Article 14 of the Constitution of India. So whether a person is rich or a poor he has the right to have a legal representative so that they can also get free legal aid from the government. It is written under Article 39A of the Constitution of India Free legal aid to all the citizen of India

  3. Public education on Legal matters to indigent Person

    All the citizens of India should be aware of the basic rights i.e. the fundamental rights which are provided to all the citizens of India so that they can exercise those powers in the court. These rights are also enforceable by the court of law.

Right to free legal aid has also become part of the fundamental rights. So the fundamental rights should be taught to the youth of our country who are the future of our country the legal rights so that no one can take advantage of it whether rich or poor.

All the citizens of India have the right to equality and equality before the law mentioned under article 14 of our Indian constitution.

Legal Services includes providing Free Legal Aid to weaker sections of the society fall within the purview of Section 12 of the Legal Services Authority Act, 1987. It creates legal awareness by spreading legal literacy through legal awareness camps, print media, digital media and organizing Lok Adalats for the amicable settlement of disputes which are either pending or which are yet to be filed, by way of compromise.

legal aid is the provision of free legal services in civil and criminal matters for those poor and marginalized 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 Legal Services Authorities Act, 1987 and headed by the National Legal Services Authority (NALSA).

Free legal aid Services:

  1. Representation by an Advocate in legal proceedings.
  2. Payment of process fees, expenses of witnesses and all other charges payable or incurred in connection with any legal proceedings in appropriate cases;
  3. Preparation of pleadings, memo of appeal, paper book including printing and translation of documents in legal proceedings;
  4. Drafting of legal documents, special leave petition etc.
  5. Supply of certified copies of judgments, orders, notes of evidence and other documents in legal proceedings. Etc.
The preamble of the Indian constitution aims to secure to the people of India justice socio economic and political. Article 38(1) describe- State shall promote the welfare of the people by securing and protecting the social order including justice and Article 39-A of the constitution describes- state shall provide free legal aid, by suitable legislation or schemes, to ensure that opportunities for securing justice are not denied to any citizen.

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