Empowering Through Legal Awareness: Observing National Legal Services Day

• Commemoration: The day commemorates the passing of the Legal Services Authorities Act on November 9, 1995. 
• Objective: To make people aware of their legal rights and responsibilities.
• Theme for 2023: Access to Justice for All: Empowering the Marginalized through Legal Awareness.

Empowering the Marginalized: Understanding the Legal Services Authorities Act, 1987

• It was enacted by the Parliament of India to provide free and competent legal services to the weaker sections of society. 
  • The Act came into force on November 9, 1995.
• Constitutional Basis: The Act was enacted by the parliament pursuant to Article 39-A of the Constitution of India.
  • Article 39-A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society, to promote justice on the basis of equal opportunity.
• The Act’s objectives include:
  • Provide free legal services: to the weaker sections of society. 
  • Ensure equal access to justice: The act ensures that no citizen is denied opportunities for securing justice due to economic or other disabilities. 
  • Organize Lok Adalats: to facilitate amicable dispute resolution.

Empowering Access to Justice: Understanding the Legal Services Authorities Act, 1987

• Types of legal services: The Act provides many types of legal services to the general public:
  • Free Legal Awareness: Promoting awareness of laws and government schemes among the public, with legal camps and aid centers for advice and grievance redressal.
  • Free Legal Aid Counsel: Providing legal representation to individuals who cannot afford private lawyers, ensuring access to justice for those in need.
  • Lok Adalats: Organizing alternative dispute resolution mechanisms, such as Lok Adalats, to efficiently and amicably resolve various disputes.
• Eligibility criteria for free legal aid: The following are the people eligible for free legal aid under Section 12 of the Act:
  • A member of a Scheduled Caste or Scheduled Tribe.
  • A victim of trafficking in human beings or beggars as referred to in Article 23 of the Constitution.
  • A woman or a child.
  • A person with a disability as defined in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
  • A person under circumstances of undeserved want, such as a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake, or industrial disaster.
  • An industrial workman.
  • A person in custody, including custody in a protective home, juvenile home, or psychiatric hospital.
  • A person with an annual income less than the prescribed threshold set by the State Government for cases before courts other than the Supreme Court, or by the Central Government for cases before the Supreme Court.
• Structural Organizations under the Act:

• Lok Adalat under Legal Services Authority Act, 1987:
  • Section 19 of the Act provides for the establishment of Lok Adalats.
  • Lok Adalats serve as an alternate dispute resolution system. 
  • Purpose: to settle cases that are pending or that have not been heard in the courts. 
  • Composition: It consists of judicial officers or an authorized person under the jurisdiction of the state, central government, or local government.
  • Functions of Lok Adalat:
    • Lok Adalat members should be impartial and fair to the parties.
    • Lok Adalat is responsible for handling pending cases in court. In the case of a Lok Adalat settlement, the court fee paid to the court on the petition will be reimbursed
    • When filing a dispute with Lok Adalat, you do not have to pay a court fee.
  • Types of Lok Adalat:
    • National Level Lok Adalat: Regularly held at the Supreme Court and taluk levels, disposing of thousands of cases monthly.
    • Permanent Lok Adalat: Settles disputes related to public utilities such as transport, telegraph, and postal services with a mandatory pre-litigation mechanism.
    • Mobile Lok Adalat: Travels to different locations to settle disputes.
    • Mega Lok Adalat: An ad hoc body constituted at the state level on a single day, addressing cases in all courts.
    • Daily Lok Adalat: Held on a daily basis.
    • Continuous Lok Adalat: Operates continuously for a specific number of days to settle cases efficiently and promptly.
  • Jurisdiction of Lok Adalats:
    • Lok Adalats fall under the jurisdiction of the courts which organize them; thus, they cover any cases heard by that Court under its jurisdiction.
    • This jurisdiction does not apply to cases regarding offences which are not compoundable by law and the Lok Adalats cannot resolve these cases.