Legal Services Authorities Act, 1987

Last updated

The Legal Services Authorities Act 1987 is an Act of the Indian Parliament to enforce the provisions of Article 39 A of the Constitution guaranteeing the fundamental rights to all the citizens of the country. Article 39 A of the constitution is relating to promoting justice on the basis of equal opportunity by providing free legal aid to unaffordable sections of society like poor and economic weaker sections. Among other things the act deals with pay and qualifications of staff. [1] The Act resulted in creation of The National Legal Services Authority (NALSA) across country.

Contents

The act was enacted with effect from 9 November 1987. To commemorate the occasion, 9 November every year is celebrated National Legal Services Day in India.

History

Legal Services Authorities Act 1987 was enacted by Parliament of India to provide legal support for free to the poor [2] [3] [4] and ensuring that it promotes justice based on equal opportunity, thus getting in effect Article 39-A of constitution. [5] To promote justice through free legal aid to the poorer,backward and weaker citizens of the country and help promoting justice in society, Constitution of India created Article 39-A. The Act became enforceable from 9th November 1995 [6] ,facilitating establishment of countrywide network and provision for free and efficient legal services to the poor and weaker members. The National Legal Services Authority (NALSA) courts were created across country working as per the provisions of this Act. [7]

Legal Services Authorities Act 1987 states that every judgement of Lok Adalats Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute, and no appeal shall lie to any court against the award". [8]

As per section 12 of Legal Services Authorities Act 1987, [9] free legal aid is available to following categories of citizens: [10] [11]

-"A person from Scheduled Caste or Scheduled Tribe.

-A person under category of beggar as per Article 23 of the Constitution or a victim of human trafficking.

-Child or a woman.

-Woman who is victim of rape. [12]

-Person with any disability or mentally ill.

-Individual being mass disaster victim, ethnic violence,atrocities due to caste, victims of flood, earthquake or industrial disaster or drought victims.

- Workman from industry.

-In custody, including custody in a protective home within the meaning of clause(g) of Section 2 of the Immoral Traffic (Prevention) Act, 1956(104 of 1956); or in a juvenile home within the meaning of clause(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 clause (g) of Section 2 of the Mental Health Act, 1987(14 of 1987);or

-In receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the state government, if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the central government, if the case is before the Supreme Court."

Legal Services Authorities Act 1987 as per official website of NALSA, provides that the types of legal services which are available for free includes legal support in matters relating to civil and criminal offences for members from poor and marginalised sections who are unable to afford services of a lawyer for any legal proceeding or representation of any case before any court, tribunal or any legal authority.

Following types of services are covered in legal aid:

-Legal proceedings represented by advocate.

-Document preparation of any pleadings, appeal memo, or paper book which includes for translation and printing of documents towards legal proceeding;

- Expenses incurred for drafting special leave petitions or other legal documents.

- Any service given and amount charged relating to any legal case conducted or proceedings before any court or other Authority or tribunal which are of legal nature and;

- Advises of legal nature.

- In addition to above, payment of fees towards any aid or advice given to the beneficiaries for claiming benefits for the schemes and statues framed by any state government or central government, it can be included under free legal services.

* Fundamental Rights in India

Related Research Articles

Lok Adalat is a Statutory Organization under the Legal Services Authorities Act, 1987, and was created as an alternative dispute resolution mechanism used in India to resolve disputes/grievances outside courts. It is a forum where cases pending on panchayat, or at a pre-litigation stage in a court of law, are settled. Under this Act, the award (decision) made by the Lok Adalats is deemed to be a civil court case and is final and binding on all parties. No appeal against such an award lies before any court of law. If the parties are not satisfied with the award of the Lok Adalat, they are free to initiate litigation by approaching the court of appropriate jurisdiction.

Maharashtra Lok Adalat or Maharashtra State Legal Services Authority(People's Court) is an alternative dispute resolution mechanism used in state of Maharastra. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Andhra Pradesh Lok Adalat or Andhra Pradesh State Legal Services Authority(People's Court) is an alternative dispute resolution mechanism used in the state of Andhra Pradesh. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Telangana Lok Adalat or Telangana State Legal Services Authority(People's Court) is a statutory and autonomous body formed under Legal Services Authorities Act, 1987 as an alternative dispute resolution mechanism used in the state of Telangana,as per Constitution of India. It is a legal system to resolve pending cases at Panchayat or rural places, or those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law as currently there are no provision for the same. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Arunachal Pradesh Lok Adalat or Arunachal Pradesh State Legal Services Authority(People's Court) is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Arunachal Pradesh.The Arunachal Pradesh Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Goa Lok Adalat or Goa State Legal Services Authority(People's Court) is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Goa.The Goa Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Karnataka Lok Adalat or Karnataka State Legal Services Authority(People's Court) is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Karnataka.The Karnataka Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Uttar Pradesh Lok Adalat or Uttar Pradesh State Legal Services Authority(People's Court) is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Uttar Pradesh.The Uttar Pradesh Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Assam Lok Adalat or Assam State Legal Services Authority(People's Court) is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Assam.The Assam Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Delhi Lok Adalat or Delhi Legal Services Authority(People's Court) is an statutory and autonomous body and an alternative dispute resolution mechanism used in the Union Territory of Delhi.The Delhi Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Uttarakhand Lok Adalat or Uttarakhand State Legal Services Authority is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Uttarakhand. The Uttarakhand Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “access to justice for all”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Rajasthan Lok Adalat or Rajasthan State Legal Services Authority is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Rajasthan.The Rajasthan Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Punjab Lok Adalat or Punjab State Legal Services Authority(People's Court) is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Punjab. The Punjab Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Haryana Lok Adalat or Haryana State Legal Services Authority(People's Court) is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Haryana.The Haryana Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Madhya Pradesh Lok Adalat or Madhya Pradesh State Legal Services Authority(People's Court) is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Madhya Pradesh.The Madhya Pradesh Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Nagaland Lok Adalat or Nagaland State Legal Services Authority(People's Court) is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Nagaland.The Nagaland Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Meghalaya Lok Adalat or Meghalaya State Legal Services Authority(People's Court) is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Meghalaya.The Nagaland Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Bihar Lok Adalat or Bihar State Legal Services Authority(People's Court) is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Bihar.The Bihar Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Sikkim Lok Adalat or Sikkim State Legal Services Authority(People's Court) is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Sikkim.The Sikkim Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

Kerala Lok Adalat or Kerala State Legal Services Authority(People's Court) is an statutory and autonomous body and an alternative dispute resolution mechanism used in the state of Kerala.The Kerala Lok Adalat Act is designed to provide constitutional protection guaranteed under Article 14 and 39-A of the Constitution of India, of “ACCESS TO JUSTICE FOR ALL”. It is a legal system to resolve pending cases at Panchayat or rural places, those in a pre-litigation stage in courts are resolved amicably. It is recognised as statutory authority under the Legal Services Authorities Act, 1987 and the Lok Adalats award or decision are deemed to be civil court case and final and enforceable on both parties. Such an award is not appealable in any court of law in the absence of any provision. However, by approaching the court of appropriate jurisdiction, litigation can be initiated by any party in the suit if any of them are dissatisfied with the decision of the Lok Adalat.

References

  1. ↑ "LEGAL SERVICE AUTHORITIES ACT, 1987 (39 of 1987)". Ministry of Law and Justice (India) . Retrieved 24 September 2015.
  2. ↑ "legal-aid-little-help-as-1-lawyer-for-161-inmates/articleshow/73749128.cms". Times of India. 30 January 2020. Retrieved 25 October 2021.
  3. ↑ "Domestic violence victims struggle to get free legal aid". Times of India. 4 June 2019. Retrieved 25 October 2021.
  4. ↑ "Justice for weaker sections of the society". The Hindu. 21 June 2013. Retrieved 25 October 2021.
  5. ↑ "Bringing legal aid a step closer home". The Hindu. 9 November 2011. Retrieved 25 October 2021.
  6. ↑ "Justice NV Ramana congratulates legal aid authorities on 25th National Legal Services Day". indialegallive.com. 9 November 2020. Retrieved 25 October 2021.
  7. ↑ "Threat to human rights highest in police stations: Chief Justice of India NV Ramana". indiatoday.in. 8 August 2021. Retrieved 25 October 2021.
  8. ↑ "lok-adalats-can-pass-decree-in-criminal-cases-sc/articleshow/10911746.cms". Times of India. 29 November 2011. Retrieved 25 October 2021.
  9. ↑ "scores-of-people-become-entitled-to-legal-aid-in-sc-as-govt-triples-income-criteria-1988207.html". news18.com. 1 January 2019. Retrieved 25 October 2021.
  10. ↑ "Free legal aid is crucial right granted by Constitution; SCs, STs, women among categories of people eligible for provision". firstpost.com. 22 July 2019. Retrieved 25 October 2021.
  11. ↑ "Role of Legal Services Authorities in times of pandemic". dailyexcelsior.com. 24 August 2020. Retrieved 25 October 2021.
  12. ↑ "10 Rights every Indian woman should know - Times of India". Times of India. 8 March 2016. Retrieved 25 October 2021.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.