Free legal services in India

MOHAMMAD OMAR

Fighting legal cases is a horror dream for those who cannot afford expensive legal battles. Therefore, to help those who cannot obtain justice on their own, India enacted the Legal Service Authorities Act, 1987. Article 12 of this law makes the government (at all administrative levels) responsible for providing free legal aid to the following classes:

• Member of a Scheduled Caste or Scheduled Tribe.

• A victim of trafficking or forced labor.

• A woman or a child.

• A disabled person.

The same categories were included in Section 12 of the Jammu and Kashmir Legal Services Authorities Act, enacted in 1997.

Free legal services include:

• Payment of Fees.

• Availability of lawyers.

• Provide certified copies of documents in court proceedings.

• Preparation of appeal, paper book and translation of documents.

J&K Legal Services Authority

Right to legal services

A person is entitled to legal services under this Act if they are:

(a) A member of a Scheduled Caste or Scheduled Tribe.

A

b) A victim of human trafficking or a beggar within the meaning of Article 23 of the Constitution.

c) A woman or a child.

(d) A disabled person as defined in subsection (i) of section 2 of the Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act 1995.

(e) A person in circumstances of undeserved need such as a victim of mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake of land or an industrial disaster.

f) Industrial worker.

(g) In custody, including custody in a protective home within the meaning of subsection (g) of section 2 of the Prevention of Immoral Traffic Act 1956 (104 of 1956) or in a home for minors within the meaning of subsection (j) of section 2 of the Juvenile Justice Act 1986 (53 of 1986) or in a psychiatric hospital or psychiatric nursing home within the meaning of subsection (g) of section 2 of the Mental Health Act 1987 (14 of 1987); Where

(h) By receiving an annual income of less than Rs 9,000 or such other higher amount as may be prescribed by the State Government, if the matter is before a court other than the SC, and less than Rs 12,000 or any other higher amount as may be prescribed by central government, if the matter is before the SC.

Or a citizen whose income does not exceed Rs 3 lakh, if the case is before a court other than the SC and does not exceed Rs 5 lakh if ​​the case is before the SC, will be entitled to legal services.

(i) The Authority may also provide legal services to the following persons, regardless of income, including transgender people, elderly people and people with HIV/mental illness.

(Mohammad Umar is Assistant Professor, Bennett University, Greater Noida. He can be contacted on [email protected])

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