National Legal Services Day

Syllabus: GS2/Governance

Context

• Every year, November 9 is celebrated as the National Legal Services Day to commemorate the Legal Services Authorities Act, 1987, which led to the establishment of organisations providing free legal aid to the needy.

About 

• India as the world’s largest democracy is built on the foundation of justice, equality, and liberty. 
• The Constitution of India guarantees equal rights and equal protection under the law to all citizens. These include:
  • Art 14: Equality Before Law
  • Article 21: Protection of Life And Personal Liberty
  • Article 22: Protection Against Arrest And Detention in Certain Cases
  • Article 39A: Equal Justice And Free Legal Aid (Introduced through the 42nd Amendment)

Legal Services Authorities Act, 1987

• It came into effect on November 9, 1995, led to the establishment of a nationwide framework to provide free and competent legal services to the marginalized and disadvantaged sections of society.
• The Legal Services Authorities Act, 1987 established Lok Adalats and Permanent Lok Adalats as forums for amicable settlement of disputes, including pre-litigation matters.
• Three-Tier Structure of Legal Services Authorities:
  • National Legal Services Authority (NALSA): Headed by the Chief Justice of India; funded through Central funding and donations;
  • State Legal Services Authorities (SLSAs): Headed by the Chief Justice of the High Court; funded through Central and State Government support;
  • District Legal Services Authorities (DLSAs): Headed by the District Judge; funded through State Government funding and donations;
• Accessing Free Legal Aid: Eligible individuals can apply for free legal services through:
  • Written or oral applications at Legal Services Authorities offices;
  • Online applications via NALSA, State, or District portals;
• Applications are processed promptly, and as per Regulation 7(2) of the NALSA (Free and Competent Legal Services) Regulations, 2010, decisions need to be made within seven days.
  • From 2022–23 to 2024–25, over 44.22 lakh people benefited from free legal aid and advice.

Role of NALSA and State Legal Services Authorities

• NALSA, along with State Legal Services Authorities (SLSAs), plays a pivotal role in:
  • Organizing Lok Adalats for speedy and amicable dispute resolution.
  • Running Legal Aid Clinics in remote and underserved areas.
  • Conducting legal literacy camps to educate citizens about their rights.
  • Supporting victim compensation schemes and mediation services.

Innovative Initiatives for Holistic Justice 

• DISHA Framework:
  • Tele-Law and Nyaya Bandhu: These digital initiatives connect citizens, especially in remote areas, with legal advisors via technology.
  • Legal Literacy and Awareness Programme (LLLAP): It promotes legal awareness through communication materials in 22 scheduled languages, with active participation from state agencies.
• Fast-Track Courts (FTCs): It was established to ensure speedy trials in cases involving women, children, senior citizens, and other vulnerable groups.
• Fast Track Special Courts (FTSCs): Focused on serious sexual offences, including cases under the POCSO Act.
• Gram Nyayalayas: These village-level courts enhance access to justice in rural areas.
• Nari Adalats: An initiative under the Mission Shakti scheme, Nari Adalats address gender-based violence through mediation and reconciliation.
  • Composed of 7–9 women, they empower women to assert their rights and access legal aid.
• Special Courts for Marginalized Communities: To safeguard the rights of Scheduled Castes and Scheduled Tribes, 211 Exclusive Special Courts have been set up under the SC/ST (Prevention of Atrocities) Act, 1989.

Concerns and Challenges in Accessing Legal Services in India

• Awareness Deficit: Many eligible citizens are unaware of their right to free legal aid under the Legal Services Authorities Act, 1987.
  • Legal literacy remains low, especially in rural and tribal areas.
• Geographic Disparities: Legal aid services are concentrated in urban centers, leaving remote regions underserved.
  • Mobile legal aid clinics and outreach vans exist but are insufficient to meet demand.
• Quality and Accountability: Legal aid lawyers often face criticism for lack of commitment, poor preparation, and inadequate follow-up.
  • There is limited monitoring or performance evaluation of legal aid providers.
• Overburdened Judiciary: India’s courts are clogged with pending cases—over 50 million across all levels—leading to delays and denial of timely justice.
  • Legal aid beneficiaries often face longer wait times and procedural hurdles.
• Digital Divide: While e-courts and online legal services are expanding, many citizens lack internet access or digital literacy.
  • It disproportionately affects women, elderly, and rural populations.
• Socio-Cultural Barriers: Marginalized groups—especially Dalits, Adivasis, and women—often face discrimination or intimidation when seeking legal help.
  • Language barriers and fear of authority further discourage engagement with the legal system.

What Needs to Be Done?

• Strengthen legal literacy through school curricula and community outreach.
• Improve training and incentives for legal aid lawyers.
• Expand infrastructure in rural and tribal areas.
• Ensure accountability through transparent monitoring and feedback mechanisms.
• Bridge the digital divide with inclusive tech solutions and offline support.

Source: PIB