Why in News: The India Justice Report 2025 reveals that despite 80% of India’s population being eligible for free legal aid, only a fraction actually receives it.
Free Legal Aid in India: An Overview
1. What is Legal Aid?
- Legal aid in India refers to the provision of free legal services to individuals who cannot afford legal representation or access to the justice system.
It includes:
- Legal advice
- Representation in court
- Mediation and negotiation
- Alternative dispute resolution mechanisms
Constitutional Provisions
- Article 21: Right to life and personal liberty → includes fair legal procedure
- Article 39-A: (42nd Amendment, 1976) – Equal justice and free legal aid for all, regardless of economic status
Statutory Provisions
- Legal Services Authorities Act, 1987 (effective from 1995): Set up NALSA, SLSAs, DLSAs to deliver legal aid
- Section 341, Bhartiya Nagarik Suraksha Sanhita, 2023: Legal aid at State expense if the accused can’t afford a lawyer
Challenges in Legal Aid Delivery in India
- Limited Reach: Only 15.5 lakh people received legal aid in 2023–24, far below the 80% eligible population. One clinic serves 163 villages on average.
- Budget Issues: Legal aid gets under 1% of the justice budget.
- Shrinking Workforce: Para-legal volunteers fell 38% (2019–24), with low pay (₹250–₹750/day).
- LADC Scheme( Legal Aid Defence Counsel) : Launched in 2022 for accused representation, operational in 610 districts; budget cut from ₹200 crore (2023–24) to ₹147.9 crore (2024–25).
Persistent Systemic Issues:
- Inconsistent quality of services
- Lack of accountability and monitoring
- Low public trust in the system
- Legal aid remains financially under-prioritised
- Restrictive use of NALSA funds (e.g., can’t be used for staff, victim compensation, or essential equipment)
Significance of Free Legal Aid
- Social Justice & Empowerment: Helps address systemic inequalities and empowers marginalized groups to challenge discrimination.
- Access to Justice: Bridges the gap between legal rights and actual ability to enforce them.
- Protection of Rights: Ensures fair trial, equality before law, legal representation, and access to courts.
- Rule of Law: Strengthens legal norms, boosting public trust in the justice system.
- Legal Awareness: Promotes understanding of rights through legal education and support.
Government Initiatives for Free Legal Aid
- DISHA Scheme: Strengthens pre-litigation mechanisms for early resolution.
- Tele-Law: Provides legal advice via video conferencing with expert lawyers at SLSAs.
- Nyaya Bandhu: Connects volunteer lawyers with underprivileged litigants for pro bono services.
- Nyaya Mitra: Aims to dispose of 10–15-year-old pending civil and criminal cases in courts.
- Lok Adalat: Offers free, amicable dispute resolution with no court fees, even at the pre-litigation stage.
Way Forward for Strengthening Free Legal Aid in India
1. Increase Funding & Flexibility
- Enhance budgets for legal aid, especially for para-legal volunteers and LADC.
- Allow flexible and locally driven fund utilisation.
2. Strengthen Institutional Capacity
- Improve infrastructure, training, and fair wages for legal aid staff.
- Strengthen monitoring and accountability mechanisms.
3. Expand Access & Awareness
- Set up more legal aid clinics in rural/remote areas.
- Run awareness campaigns (e.g., Haq Humara Bhi Toh Hai@75) to build trust and legal literacy.
4. Leverage Technology
- Use platforms like Tele-Law and digitise prison records for better access and coordination.
5. Ensure Quality of Legal Aid
- Set standards for competence and ethics in legal representation (as in Ramanand @ Nandlal Bharti v. State of U.P., 2022).
UPSC Relevance:
GS Paper 2 – Governance, Constitution, Polity, Social Justice & International Relations
- Welfare schemes for vulnerable sections of the population.
Mains Practice Question
Q. Access to justice is a constitutional guarantee, yet legal aid in India remains grossly underutilised and inaccessible. Critically examine the challenges and suggest measures to strengthen the legal aid system in India. (250 words)