The Legal Services Authorities Act, 1987, is a landmark legislation in India that aims to provide free and competent legal services to the weaker sections of society. This Act establishes a framework for ensuring that opportunities for securing justice are not denied to any citizen due to economic or other disabilities. The Act also promotes the organization of Lok Adalats for the amicable settlement of disputes. This article provides a comprehensive overview of the Act, focusing on the concept of legal services and the criteria for entitlement as outlined in Section 12.
What are Legal Services?
Legal services, as defined under the Legal Services Authorities Act, 1987, encompass a broad range of activities aimed at ensuring access to justice for all. These services include:
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Free Legal Aid: Providing free legal assistance to those who fall within the purview of Section 12 of the Act.
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Legal Awareness: Creating legal awareness by spreading legal literacy through various means, such as legal awareness camps, print media, digital media, and other outreach programs.
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Lok Adalats: Organizing Lok Adalats for the amicable settlement of disputes, whether pending or yet to be filed, through compromise and conciliation.
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Social Action Litigation: Undertaking necessary steps through social action litigation to address matters of special concern to the weaker sections of society.
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Facilitating Entitlements: Assisting beneficiaries in obtaining their entitlements under various government schemes, policies, and legislations.
Entitlement to Legal Services: Section 12
Section 12 of the Legal Services Authorities Act, 1987, specifies the criteria for individuals to be entitled to free legal services. This section ensures that legal aid is provided to those who are most vulnerable and in need of assistance. According to Section 12, every person who has to file or defend a case is entitled to legal services if that person is:
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(a) A member of a Scheduled Caste or Scheduled Tribe: This provision recognizes the historical and social disadvantages faced by Scheduled Castes and Scheduled Tribes and ensures they have access to legal aid.
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(b) A victim of trafficking in human beings or begar: This provision addresses the severe exploitation faced by victims of human trafficking and forced labor, ensuring they have legal support.
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(c) A woman or a child: This provision acknowledges the vulnerability of women and children and ensures they have access to legal services.
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(d) A person with a disability: This provision, as defined in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, ensures that individuals with disabilities have access to legal aid.
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(e) A person under circumstances of underserved want: This provision covers victims of mass disasters, ethnic violence, caste atrocities, floods, droughts, earthquakes, or industrial disasters, recognizing that such events can create significant barriers to accessing justice.
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(f) An industrial workman: This provision ensures that industrial workers, who are often vulnerable to exploitation, have access to legal services.
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(g) In custody: This provision covers persons in custody, including those in protective homes, juvenile homes, or psychiatric hospitals, ensuring their access to legal representation.
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(h) In receipt of annual income below a certain limit: This provision covers individuals with an annual income below a threshold prescribed by the State Government for cases before courts other than the Supreme Court, and a higher threshold prescribed by the Central Government for cases before the Supreme Court.
Key Provisions of Section 12:
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Inclusivity: The section aims to be inclusive, covering a wide range of vulnerable individuals and groups.
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Economic Disadvantage: It recognizes that economic disadvantage is a significant barrier to accessing justice.
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Social Vulnerability: It also acknowledges the social vulnerabilities of certain groups, such as women, children, and those from marginalized communities.
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Access to Justice: The overarching goal is to ensure that no one is denied access to justice due to their circumstances.
Implications of Section 12:
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Empowerment: It empowers marginalized communities by providing them with the legal support they need to assert their rights.
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Reduced Inequality: It helps reduce inequality in access to justice, ensuring that the legal system is not biased towards the wealthy or privileged.
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Social Justice: It promotes social justice by providing legal assistance to those who are most vulnerable and in need.
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Fair Legal System: It contributes to a fairer legal system by ensuring that everyone has the opportunity to be heard and represented.
Conclusion:
The Legal Services Authorities Act, 1987, and particularly Section 12, are crucial for ensuring access to justice for all in India. By providing free legal aid to vulnerable and marginalized groups, the Act addresses systemic inequalities and promotes a more equitable legal system. It is a vital step towards ensuring that the promise of justice is not just a theoretical ideal but a practical reality for all citizens.