Introduction to Free Legal Services

Article 39 of DPSP
State of women and Juvenile in India
NALSAs Scheme on women and Juvenile
Need of Free Legal Aid
Leading Case Laws on Legal Aid
Role of SLSA in Legal Aid to women and Juvenile
Role of DLSA
Strengthening the pillars of free Legal Aid
Conclusion

Chapter 1

Introduction to Free Legal Services

Access to Justice for all is the motto of Legal Services Authorities

Legal Services Authorities are statutory bodies constituted in the states of India by the Legal
Services Authorities Act 1987, as enshrined by article 39-A of the Constitution of India, for
providing free and competent legal services to weaker section of the society to ensure that
opportunities for securing justice were not denied to any citizen by any reason of economic or
other disabilities. These authorities give free legal aid to a person if he/she is not capable of
bearing the expenditure. This includes appointing a lawyer in case the person is a defendant
in a case. These authorities periodically organize 'Lok Adalats' (Hindi for People's Court) for
out-of-the-court settlement of the cases (under provision of the law). This act is enacted to
give statutory base to legal aid programmes throughout the country in a uniform pattern.

Hierarchy of Bodies created under the Act

National Legal Services Authority (NALSA) is the apex body constituted to lay down
policies and principles for making legal services available under the provisions of the Act and
to frame most effective and economical schemes for legal services. It also disburses funds
and grants to State Legal Services Authorities and NGOs for implementing legal aid schemes
and programmes.

In every State a State Legal Services Authority (SLSA) is constituted to give effect to the
policies and directions of the Central Authority (NALSA) and to give legal services to the
people and conduct Lok Adalats in the State. State Legal Services Authority is headed by the
Chief Justice of the State High Court who is its Patron-in-Chief.

District Legal Services Authority (DLSA) is constituted in every District to implement Legal
Aid Programmes and Schemes in the District . The District Judge of the District is its ex-officio
Chairman.

Taluk Legal Services Committees are also constituted for each of the Taluk or Mandal to
coordinate the activities of legal services in the Taluk and to organise Lok Adalats. Every
Taluk Legal Services Committee is headed by a senior Civil Judge operating within the
jurisdiction of the Committee who is its ex-officio Chairman.

Who are entitled to free Legal Aid?

Section 12 of the Legal Services Authorities Act, 1987 talks about the person who are
entitled to free legal Aid

Any person, who is:

1. a member of the scheduled castes or tribes;
2. any person belonging to the Schedule caste/tribe, persons suffering from natural calamity,
industrial worker, children, insane person, handicap, persons in custody and those having
annual income less than Rs 1 lakh were entitled to avail free legal aid
3. a victim of trafficking in human beings or beggar;
4.disabled, including mentally disabled;
5. a woman or child;
6. a victim of mass disaster, ethnic violence, caste atrocity, flood, drought, earth quake,
industrial disaster and other cases of undeserved want;
7. an industrial workman;
8. in custody, including protective custody;
9. facing a charge which might result in imprisonment;

10.unable to engage a lawyer and secure legal services on account of reasons such as poverty,
indigence, and incommunicado situation;
11. in cases of great public importance;
12. special cases considered deserving of legal services.

When people are not entitled to legal aid??

1. Cases in respect of defamation, malicious prosecution, contempt of court, perjury etc.
2. Proceedings relating to election;
3.Cases where the fine imposed is not more than Rs.50/-;
4.Economic offences and offences against social laws;
5.Cases where the person seeking legal aid is not directly concerned with the proceedings and
whose interests will not be affected

CHAPTER 2

Role of DLSA
District Legal Service Authority plays a vital role in providing free legal aid to all needy
person who are entitle under Legal Service Act, 1987. Also to provide free legal aid to all
children who are not able to represent their cases due to their economic and social conditions.
Such legal aid will also include appointment of lawyers who will represent their case till final
disposition. DLSA also has to organise legal awareness camps in outskirt areas to spread
awareness regarding their rights and duties. To provide free legal aid to mentally challenged
people. Represent their case through an advocate and perform all legal procedures as per
requirements. Create awareness about rights of psychologically challenged people. If any
senior citizen who is entitle to some right (example- property, house, fix deposits etc) and if
his/her right is getting infringed then in such circumstances DLSA provides free legal aid and
if required then DLSA also appoints a lawyer to represent the case, for appeals till final
disposition.

Functions under District Legal Services Authority:

1. Conduct Lok Adalats within District.

2. Organize Legal Literacy Workshop
3. Holding Seminars and Meetings.
4. Legal Aid Activities
5. Legal Aid Clinic
6. Law Library
7. Conciliation / Mediation Center.

Services under Legal Services Authority:

1. Availability of Advocate by Government and its expenditure.

2. Expenditure of Court Fees.
3. Expenditure covered for Documentation.
4. Expenditure for Witnesses commutation.
5. Other Expenditures incurred in the case.
 CHAPTER 3

Enactments for Aid

1. The Dowry Prohibition Act, 1961

About

- The act prohibits the practice of giving or taking of dowry by either parties to a
marriage. This law also punishes demanding and advertising dowry.
- It imposes a duty on the parties to make a list of gifts and presents.
- If the dowry has been exchanged in the wedding anyway, it imposes a duty on the
person who is given dowry to give it back to the bride.
- Note that the more serious crimes in relation to the dowry such as dowry death and
cruelty from the dowry demands are punishable under the general law on the crime-
The Indian Penal Code, 1860

Who can be punished?

Any person who gives or takes dowry (minimum punishment for five years);
Any person who helps someone to give or take dowry;
Anyone who in any way demands dowry;
Anyone who advertises or offers to give money or property in returning for marring
his son, daughter, or relative;
Anyone who publishes these advertisements;
Anyone who does not hand over the dowry to the bride within specified time.

The Protection of women from Domestic Violence Act, 2005

About

Any kind of abusive behavior by your husband or male partneror their relatives
(includes male or female relatives). It need not be physical abuse. It could be verbal,
emotional, sexual or economic abuse.

Remedies

This is a special law focused on the victims and giving them relief from the domestic
violence. One can file an application under this law. This does not stop you from
seeking other civil or criminal action against the offenders.
Responsible Authorities

As a victim one can approach either the Protection Officer or the Service Provider
under this law. One can also approach the police or a magistrate directly.

Expectations from courts

The judge or the magistrate can order many measures under this law in order to
ensure your protection and well-being. This includes protection orders, monetary
relief, custody orders and compensation orders.

2.The Prohibition of the Child Marriage Act, 2006

About

- Allows anyone who was child at the time of marriage to undo it;
- Provide for the maintenance of the girl in the child marriage;
- Treats children born out of child marriages to be legitimate, and makes provisions for
their custody and maintenance; and
- Considers certain kind of child marriage where there was force or trafficking as
marriages which never happened legally.

What is a crime under this law?

- For an adult male to marry a child wife;

- To perform or help with the child marriage in any way;
- To allow, encourage or fail to stop a child marriage( as a parent or guardian); and
- To attend or take part in child marriage (as a parent or guardian)

Remedies for victims

You can directly go to a District Court and make an application the judge can pass
an order directing the people involved to not take part in the child marriage.
You can go to a Child Marriage Prohibition Officer for help with annulling a child
marriage.

3. The Protection of Children from Sexual Offences Act, 2012

About

- This is a special law for children (below 18 years; could be boys or girls).
 - Cases of child sexual abuse are tried under this law. If the crime is proved, the
offender is punished depending on the intensity and the act of sexual abuse.
- It lays down the procedure to be followed by the police, the magistrate (or judge) in
cases of sexual crimes against children.
- Cases of child sexual abuse under this law have to be tried in Special Courts so that
they get done quickly. The courts may order compensation for the physical and mental
pain suffered by the child.

What sorts of crimes are punished?

- Penetrative sexual assault of a child.

- Non-penetrative sexual assault of a child, including
o sexual assault;
o sexual harassment;
o making and selling child pornography.
- These acts are punished with more jail time if they are committed by someone in a
position of trust or authority.

What happens when you report a case of child sexual abuse?

- If you find out that child sexual abuse is taking place, you must report it to the police,
and they will make a written record of your complaint. Most often, you may not know
for sure that abuse is happening - even if you are only suspicious, you should report
it.If you dont, you can be punished under this law.
- If based on your report the police believe that the child needs immediate medical care,
the police have a duty to help the child get medical care even if it has not filed a FIR.
As part of the investigation carried out by the police, they will have to ask the child
questions. However, they have a duty to do this in an informal manner. Authorities
like the child welfare comittees (contact details compiled by an NGO are
available here) will decide if the child should not be living in his or her current house
and instead be moved to a home for children.
- Very recently, the government has come out with an online complaint system.
 - Media channels and newspapers who publish information about the case have a duty
to make sure that the information they share is correct and that they do not publish
any information that might reveal who the child is - otherwise they can be punished
under this law.

Some other legislations

1. The Hindu Marriage Act of 1955:

This Act provided equal rights to women to obtain divorce and also maintenance in certain
cases.

2. The Hindu Adoption and Maintenance Act of 1956:

By virtue of this Act a woman can adopt a boy or a girl as her son or daughter.

3. The Hindu Minority and Guardianship Act of 1956:

This Act provides that a woman is entitled to act as the natural guardian of her minor
children.

4. The Hindu Succession Act of 1956:

As a result of this Act, woman has got equal rights in the inheritance of family property. This
Act is a landmark in the history of Hindu law.

5. The Hindu Women Right to Property Act of 1973:

This Act has given more facilities to women. According to this Act, the daughter, the widow,
and the mother can inherit property of the deceased simultaneously. Now women will hold
her property absolutely with full right to sell, mortgage, and dispose of as she desires. But
according to the Hindu Succession Act, 1956, woman has only to enjoy her husbands share
in coparcenaries property for her life time without any right to alienate property.

6. The Dowry Prohibition Act of 1961:

According to this Act, taking or demanding dowry is an offence punishable by imprisonment

and or fines.
7. The Equal Remuneration Act of 1976:

This Act does not permit wage discrimination between male and female workers.

8. The Chhattisgarh TonhiPratadnaNivaran Act, 2005

9. Chhattisgarh Food and Nutrition Security Act, 2102.

Need of Free Legal Aid

The Preamble of the Indian Constitution talks about securing and protecting justice of
everyone i.e. social, economic and political justice. Article 38(1) states- the State shall
promote the welfare of the people by securing and protecting the social order including
justice and Article 39-A of the constitution states that the state shall in particular, provide free
legal aid, by suitable legislation or schemes, to ensure that opportunities for securing justice
are not denied to any citizen. Also article 21 of Indian Constitution talks about right to life
&liberty i.e. every person has an equal right to life and liberty except according to the
procedure established by the law. As India is a developing country and there are so many
poor people living in our country. As access to justice to all is the motto of legal services
authorities, that itself means that there should not be injustice with any person of these
country irrespective of their caste, gender, sex etc. Free Legal services are necessary as there
are so many people in our country who cant afford court fees and lawyers fees etc. and due
to lack of money or other facilities and due to these they may face injustice happening with
them. There are some cases mentioned below where it is shown why free legal services is
necessary :

In Sheela Barse vs. State of Maharashtra 1, it was held that legal assistance to a poor accused
who is arrested and put in jeopardy of his life or personal liberty is constitutional imperative

1 JT 1988 (3) 15
mandated not only by article 39-A but also by article 21 and 14 of the constitution.

Article 21 clearly says that every person has an equal right to life and liberty except
according to the procedure established by the law. It was said in the case of Hussainara
khatoon vs. State of Bihar2, that if any accused is not able to afford legal services then he has
a right to free legal aid at the cost of the state.

Also in Sukhdas vs. Union Territory of Arunachal Pradesh 3, it was held, in case an accused
is not told of his right and therefore he remains unprecedented by a lawyer, his trial is vitiated
by constitutional infirmity and any conviction as a result of such trial is liable to be set aside.
Similarly article 14 also talks about equality before law. Section 304 of CrPC imposes an
obligation on the courts to provide legal aid at the expense of the state to an accused, who has
no sufficient means and finances to engage an advocate. There cannot be any real equality in
criminal cases unless the accused gets a trial of defending himself against the charge and a
professional assistance.

CHAPTER-1 : WHO IS CONSIDER AS JUVENILE:

A lot has been written about injured children or victims and children who are in need of care
and protection while nothing has been written about juvenile offenders who are genuinely
neglected children. The state mechanism conceals them in the institutions where no stranger
is allowed to go, and leaves them to their own devise with limited attention being paid to their
well-being and rehabilitation. After completion of the sentence they are flushed out, ill-
equipped to handle their life outside of the institution. This treatment meted out to juvenile
offenders is is most deplorable, especially when juvenile legislation recognizes that juveniles
in conflict with law also require care and protection. It should be borne in mind that the
Juvenile Justice (Care and Protection of Children) Act 2000, as did the Juvenile Justice Act
1986 and the Children Acts before it, deal with both children in need of care and protection
and juveniles in conflict with law, and as the title of the 2000 legislation suggests, it is both
the categories of children that require care and protection.

2 AIR 1979 SCR (3) 532

3 AIR 1986 SCR (1) 590
Juvenile means a child below the age of 18 years.

Child in conflict with law means a child who is alleged or found to have committed an
offence and who has not completed 18 years of age on the date of commission of such
offence.

Juvenile Justice Board is basically for the minor children who commits crime. It is a sole
authority to deal with matters concerning children in conflict with law. A JJB has to b
constituted for each district or group of districts. This is generally an attempt to bring change
in the children who are there in JJB. Juveniles accused of a crime or detained for a crime are
brought before the JJB under the Juvenile Justice (Care and Protection of Children) Act 2000
(amended in 2006). Under this act and provisions of the Criminal Code Procedure children
are not to be taken to a regular criminal court. The purpose of a separate court is that its
purpose is socio-legal rehabilitation and reformation not punishment. The aim is to hold a
child culpable for their criminal activity, not through punishment, but counselling the child to
understand their actions and persuade them away from criminal activities in the future.

Composition
JJB consist of-3 members (at least one female)
A judicial magistrate of first class & 2 social workers
1) Observation homes
For temporary reception, care and rehabilitation of any child alleged to be in conflict with
law, during the pendency of any inquiry.
2) Special Home
For rehabilitation of those children in conflict with law who are found to have committed an
offence and who are placed there by an order of the Juvenile Justice Board.
3) Place of Safety
To place a person above the age of eighteen years or child in conflict with law, who is
between the age of sixteen to eighteen years and is accused of or convicted for committing a
heinous offence.