Syllabus: Welfare schemes for vulnerable sections of the population
What is Legal Aid?
- Legal aid means free legal assistance to people unable to afford lawyers.
- Institutionalised through the Legal Services Authorities Act, 1987 (implemented in 1995).
- Guided by Article 39A, ensuring no person is denied justice due to social or economic disadvantage.
- Aims to provide accessible, affordable and inclusive legal services for all citizens.
Key Features
- Free legal representation, mediation and counselling for EWS and marginalized groups.
- Services delivered through NALSA, State and District Legal Services Authorities (DLSA).
- Digital platforms like Tele-Law and Nyaya Bandhu provide remote legal access.
- Legal literacy drives conducted through law universities, NGOs and paralegal volunteers.
Need for a Strong Legal Aid System
- Nearly 70% of India’s population is rural, where legal infrastructure is limited.
- India has over 4.5 crore pending cases, causing justice delays.
- 80% of undertrial prisoners are from weaker economic backgrounds.
- Only 1 in 5 eligible citizens is aware of free legal aid (NALSA 2024).
- Enforcing Article 39A strengthens social, economic and political justice.
Government Initiatives
- NALSA + DLSA: Handled 8 lakh cases in last three years.
- Tele-Law: Available at 1.3 lakh Common Service Centres, with 45 lakh consultations.
- Nyaya Bandhu: Connects 11,000+ pro bono lawyers with low-income litigants.
- Mediation Act 2023 targets resolving 70% of family and civil disputes outside courts.
- 80,000+ judgments translated into 18 languages under e-Courts project.
Challenges
- Low awareness among rural population regarding free legal aid rights.
- Insufficient training for legal aid lawyers affects service quality.
- Infrastructure gaps in district legal aid clinics and mediation centres.
- Digital divide limits accessibility to online legal services.
Way Forward
- Strengthen NALSA with 25% higher funding and skilled paralegal teams.
- Mandate professional certification and continuous training for legal aid lawyers.
- Expand AI-based legal tools, e-filing, mobile legal clinics, and awareness programs.
Q- “Access to legal aid is a constitutional right, not charity.” Discuss with reference to Article 39A and Legal Services Authorities Act, 1987. (15 marks)