Law of Injunction

In this blog post, Rishabh, a student of Guru Gobind Singh Indraprastha University, New Delhi and pursuing the Company Secretary Course by ICSI, describes the process of getting free legal advice and free legal aid in India. The author takes into account several constitutional legislations that provide free legal aid to the marginalised sectors of Indian society. 

 

Introduction

Not everyone has the financial capability to afford expenses incurred in legal procedures. It is not justified if justice is compromised due to the differences of ‘rich and poor’. As rightly said by Justice Harry Blackmun, “the concept of seeking justice cannot be equated with the value of dollars. Money plays no role in seeking justice”.[1] Free legal advice, therefore, is a stepping stone for those who need justice but cannot afford to bear the costs involved.

 

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Constitutional Provisions

The Indian Constitution under Article 14 states “Every person is equal before the law and has the right to equal protection of law”. Article 22(1) provides for the right of a person to be defended by a legal practitioner of his choice. When read together, both the articles aim at delivering fair and equal opportunity of justice to all, without any discrimination, financial or otherwise. Moreover, Article 21, the right to life, also provides for reasonable, fair and just trial[2].

download (6)The aforementioned articles imply free legal aid to the citizens of India, but Article 39A explicitly requires the state to promote justice by providing equal opportunities to all. The state shall, in particular, provide free legal aid by means of legislation, scheme or any other way to those who are economically backwards or in any other way suffer a disability.

Amalgamating the scope of Article 21 with that of Article 39A, Justice Bhagwati has been of the view that no trial shall be reasonable, fair and just if a person has no legal representative, owing to his lack of capability to afford one.[3] The state cannot plead financial or administrative incapability as a reason to not provide free legal aid to the accused.[4]

It is the constitutional obligation of the state to provide free legal aid to the accused not only during the trial but also when he is first produced before the magistrate and whenever he is remanded.[5]

 

The Code of Criminal Procedure, 1973

According to Section 303 of the Code of Criminal Procedure, the accused in a case is entitled to use the right to be defended by a pleader of his choice. Section 304 states that if such person doesn’t have the sufficient means to engage a pleader, free legal aid shall be provided to him at the expense of the state.

 

The Legal Services Authorities Act, 1987

In the year 1987, to give a uniform statutory framework to the legal aid schemes in India the Legal Services Authorities Act (hereinafter LSA Act) was formulated. After going through amendments in 1994, it was enforced on 9th November 1995.

 

Bodies Constituted by the Act to Ensure Free Legal Aid

Various bodies working for free legal aid schemes are established in India by virtue of the LSA Act:

National Legal Services Authorities (NALSA): NALSA is the apex body constituted under the LSA Act by the Central Government. It lays down necessary policies and principles to make legal services available, as provided for under the provisions of the LSA Act. It also has a duty to make most effective and economical schemes for legal services and to grant funds to State Legal Services Authorities and NGOs for implementing legal aid programmes and schemes.download

Constitution of NALSA[6]:

  1. Chief Justice of India as Patron-in-Chief;
  2. A serving or retired Judge of the Supreme Court as Executive Chairman, to be nominated the President in consultation with the Chief Justice of India;
  3. Such number of other members and a member Secretary appointed by the central government in consultation with the Chief Justice of India.

 

State Legal Services Authorities: The State Legal Services Authorities is constituted to effectuate the policies and directions of NALSA. It is also responsible for providing free legal aid, conducting Lok Adalats and undertaking strategic and preventive legal aid programmes and other functions as the state authority may fix by regulations after consulting the NALSA.[7]

Constitution of the State Legal Services Authorities[8] :

https://lawsikho.com/course/certificate-criminal-litigation-trial-advocacy
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  1. Chief Justice of High Court as Patron-in-Chief;
  2. A serving or retired judge of the High Court as executive chairman, to be appointed by governor in consultation with Chief Justice of the High Court;
  3. Such number of other members and a member Secretary appointed by the state government in consultation with the Chief Justice of the High Court.

 

District Legal Services Authorities: District Legal Services Authorities are constituted in every district to perform functions as delegated upon them by the State Legal Services Authorities. They are also responsible for coordinating the activities of Taluk Legal Services Authorities and Lok Adalats within their district along with managing other legal services in the district.[9]

Constitution of the District Legal Services Authorities[10]:

  1. District Judge as the Chairman;download (3)
  2. Such number of other members appointed by the state government in consultation with the Chief Justice of High Court and a Secretary appointed by the state authority in consultation with the Chairman of such committee.

 

Supreme Court Legal Services Committee: The Supreme Court Legal Services Committee is established to perform such functions as required by the regulations made by the central authority for it to perform. It consists of a sitting judge of the Supreme Court as the Chairman, a Secretary appointed by the Chief Justice of India and such other members, nominated by the Chief Justice of India in accordance with the regulations made by the central government.[11]

 

High Court Legal Services Committee: It is constituted by the state authority to perform such functions as may be prescribed by the regulations made by the state authority and consists of a sitting judge of High Court as the Chairman, a Secretary appointed by the Chief Justice of High Court and such other members as nominated by the Chief Justice of High Court in accordance with the regulations made by the state authority.[12]

Taluk Legal Services Committees: The main functions of the Taluk Legal Services Committee are[13]:

  1. Coordinating the activities of legal services in the Taluk;
  2. Organising Lok Adalat within the Taluk;
  3. Perform such other functions as prescribed by the district authority.

It consists of the senior most Judicial Officer operating within the jurisdiction of the Committee as the ex-officio chairman and such number of other members as nominated by the state government in consultation with the Chief Justice of the High Court.[14]

 

Eligibility criteria for Free Legal Aid

As per Section 12 of the LSA Act any person who falls within any criteria as mentioned below shall be eligible for legal aid:

  1. member of Scheduled Caste or Scheduled Tribe;
  2. a victim of trafficking in human beings or beggar as referred to in Article 23 of the Constitution;download (5)
  3. a woman or a child;
  4. a person with disability as defined in Section 2(i) of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995;
  5. a person under circumstances of underserved want such as being a victim of a mass disaster, ethnic, violence, caste atrocity, flood, drought, earthquake or industrial disaster;
  6. an industrial workman;
  7. a person in custody, including custody in a protective home (Section 2(g) of the Immoral Traffic (Prevention) Act, 1956), or in a juvenile home (Section 2 (j) of the Juvenile Justice Act, 1986), or in a psychiatric hospital or psychiatric nursing home (Section 2(g) of the Mental Health Act, 1987);
  8. a person who receives an 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.

 

Grounds for rejection of the claim for Free Legal Aid

An application claiming free legal aid may be rejected on the following grounds:

  1. The eligibility criteria has not been met;
  2. The person claiming free legal aid is capable enough to afford the costs;
  3. The case does not have enough substance so as to stand in the court of law.

It must be noted that free legal aid may be withdrawn at a later stage depending upon several factors such as misrepresentation/fraud by the aided person to obtain the free legal aid, his non-cooperation with appointed lawyer, he becomes capable of affording the costs involved in the case, there is a misuse of legal procedure due to such free legal aid, the aided person dies (except in civil cases) and other factors as the court may deem sufficient to bring the aid to an end.

 

Cases where free legal aid is not available

Legal aid is not available in a case where proceedings of the case:

  • pertain to, wholly or partly, defamation, malicious prosecution, contempt of court, perjury;
  • relate to any election;
  • is for the offence against which fine imposed is not more than Rs.50/-;
  • is incidental to any of the matters mentioned above;
  • in respect of economic offences and offences that are against social laws;
  • where the person applying for legal aid is not directly concerned with case and outcome of the case will not affect the interests of such person.

 

Lok Adalat

Chapter VI of the LSA Act is dedicated to Lok Adalats. Lok Adalats are set up to adjudicate the matters brought to them from a civil court. Either of the parties can file an application before the court to transfer the case to a Lok Adalat, but both the parties must agree to the settlement of the case by the Lok Adalat.download (4)

According to Section 22 of the LSA Act: Lok Adalats have similar powers as that of a civil court in matters regarding summoning and enforcing the attendance of any witness and examining him on oath, discovery and production of any document, reception of evidence on affidavits, requisitioning of any public record or document or copy of such record or document from any court or office and such other matters as may be prescribed.

Every decree or order of the Lok Adalat shall be deemed to be that of a civil court and shall be final and binding on the parties. However, their orders are not appealable.[15] It is presided over by a serving or retired judicial officer and other members[16], preferably lawyers or social workers.

 

How to get Free Legal Advice/Aid in India

  • Through Bodies Constituted by Legal Services Authorities Act: A person who qualifies the eligibility criteria as in S.12 of the LSA Act may approach the appropriate body constituted under the Act (as mentioned above) to get free legal aid. National Legal Services Authority (Free and Competent Legal Services) Regulations, 2010 consists of various regulations Supreme Court Legal Services Committee, State Legal Services Authorities, High Court Legal Services Committees, District Legal Services Authorities and Taluk Legal Services Committees in India must abide by. An application is to be filed by the applicant and shall be preferably presented in the FORM-I present at the end of the Regulations (download by clicking here). Such application shall be filed along with the summary of the grievances for which the applicant seeks legal aid. The form may be filled in the local language or in English. Oral requests may also be entertained similar to an application under FORM-I.[17] The applicant shall attach an affidavit stating that the applicant qualifies the eligibility criteria as specified under Section 12 of the LSA Act.[18] Application forms are also present at all the said bodies free of cost. After receipt of the application, the committee set up by the institution where such application has been filed shall scrutinise the application to establish whether the applicant is entitled to free legal aid and shall revert within a period of eight weeks from the date of receipt of such application.
  • download (1)Pro Bono Cases: Corporate social responsibility has gained popularity in the Indian society and law firms, whether top-tier or not and advocates have also stepped up to contribute towards the society. Pro Bono cases are those cases, the costs incurred in which are ‘on the house’ or nominal. Some of the organisations/firms having active pro bono department are Shardul Amarchand Mangaldas & Co.(in association with Lex Mundi Pro Bono Foundation), Luthra and Luthra, Human Rights Law Network, etc.
  • Legal Aid Clinics: All District Legal Services Authorities are required to establish legal aid clinics in villages or cluster of villages depending upon the size of the village to provide legal aid to people, especially where there are geographical, social and other barriers to access to the legal services institutions.[19]However, it is subject to the financial resources available to the districts.
  • Legal Services Clinics in Law Universities/Colleges: Usually, every law university/college sets up, as a part of legal education, by virtue of Section 4(k) of the LSA Act, a legal services clinic to provide legal aid to the local people free of cost. Such legal aid clinics may be approached to get free legal advice.
  • Non-Governmental Organisations: Various NGOs provide free legal advice to people regarding the field they operate in and help them in getting legal aid, either their own or those provided by the state/law firms/lawyers, etc.
  • Online Forums: There are various online forums providing free legal advice to people and helping them get connected with law firms’ pro bono department. Some of the similar kinds of websites are https://www.i-probono.com/, https://lawfarm.in/, etc.

 

Contact details of State Legal Services Authorities

The contact details of State Legal Services Authorities as on the website of NALSA are:

States Name & Address Contact No.
ANDHRA PRADESH

Hon’ble Mr. Justice Ramesh Ranganathan

Executive Chairman,

Andhra Pradesh State Legal Services Authority

Shri P.V. Rambabu

Member Secretary,

Andhra Pradesh State Legal Services Authority

Nyaya Seva Sadan, 1st Floor, City Civil Court Compound, Purani Haveli, HYDERABAD – 500 002

040-

O: 23446702,

TF: 23446700 & 23446701,

 

 

E-mail:

[email protected] [email protected]

ARUNACHAL PRADESH

Hon’ble Mr Justice A.K.Goswami

Executive Chairman

Arunachal Pradesh State Legal Services Authority,

Shri Budi Habung,

Member Secretary,

Arunachal Pradesh State Legal Services Authority, District & Sessions Court Building,

Yupia, Arunachal Pradesh – 791110

03804-2732956, 2631651

 

0360 –

O: 2284913,

F: 2284935

e-mail: [email protected]

ASSAM

Hon’ble Mr Justice Hrishikesh Roy

Executive Chairman,

Assam State Legal Services Authority

Shri M.K. Saikia,

Member Secretary

Assam State Legal Services Authority,

1st Floor, District Judges New Court Building, Gauhati High Court, GUWAHATI – 781 001.

0361-

O: 2601843

TF: 2601843

e-mail: [email protected]

SLSAs.docx [email protected]

BIHAR

Hon’ble Mr Justice Hemant Gupta

Executive Chairman,

Bihar State Legal Services Authority

Shri Sunil Dutt Mishra

Member Secretary,

Bihar State Legal Services Authority, Opposite Patna Museum, Buddha Marg PATNA – 800 001.

0612-

O: 2230943

F: 2201390

E-mail: [email protected]

CHHATTISGARH

Hon’ble Mr Justice Pritinker Diwakar

Executive Chairman

Chhattisgarh State Legal Services Authority

Shri Rajnish Srivastava

Member Secretary,

Chhattisgarh State Legal Services Authority, Vidhik Seva Marg, Bilaspur,

Chhattisgarh – 495 001.

07752-

O: 406600

R: 406945

R: 238400

O: 417625, 410210

F: 410530

E-mail – [email protected] [email protected]

GOA

Hon’ble Mr Justice F.M. Reis

Executive Chairman

Goa State Legal Services Authority

Shri S.C.Chandak,

Member Secretary

Goa State Legal Services Authority

New High Court Building, Lyceum Complex, Altinho, Panaji Goa – 403 001

0832-

O: 2431910

D-2422591 (direct)

O: 2421169, 2431910, 2224126

 

TF: 2224126, F: 2420531

e-mail: [email protected] www.slsagoa.nic.in

GUJARAT

Hon’ble Mr Justice M.R.Shah

Executive Chairman,

Gujarat State Legal Services Authority

Shri H.S.Mulia

In-charge Member Secretary,

Gujarat State Legal Services Authority,

3rd Floor, Administrative Building, Gujarat High Court Complex,

Sola, Ahmedabad – 380060.

079-

 

O:

O: 27665296

F: 27664964

E-mail: [email protected]

HARYANA

Hon’ble Mr Justice Ajay Kumar Mittal,

Executive Chairman,

Haryana State Legal Services Authority

Shri Vikram Aggarwal

Member Secretary,

Haryana State Legal Services Authority, Institutional Plot No.9, Sector-14

Panchkula (Haryana)-134109

0172-

2740071-78

0172- O:2583309

F: 2583309

Jt. MS:2586309

Admin. Officer: 2561309

EPABX: 2562309

E-mail: [email protected]

HIMACHAL PRADESH

Hon’ble Mr Justice Sanjay Karol,

Executive Chairman,

Himachal Pradesh State Legal Services Authority,

Mr Yashwant Singh Chogal

Member Secretary,

H.P. State Legal Services Authority, Block No.22, SDA Complex, Kusumpti, SHIMLA – 171 009.

0177-

O: 2655672

 

O:   2623862 TF: 2626962

Email: [email protected]

JAMMU AND KASHMIR

Hon’ble Mr Justice Mohemmed Yaqoob Mir

Executive Chairman,

J&K State Legal Services Authority,

Shri R.N.Watal

Member Secretary

 

1. Winter Address: (Nov to March)

J&K State Legal Services Authority, JDA Complex, Janipura,   J A M M U-180007

 

 

2. Summer Address: (April to October) Old Secretariat, Srinagar.

(Cell: 09419132442, (F) 0191-2530095)

[email protected]

0194-

 

 

O: 2542004 /2501301 (SN)

 

 

 

0191- 2546753

0191-2564764 (Office Jammu)

0191-2539962

 

0194-2452267-Fax

0194-2450644 (Office Srinagar)

0194-2480408

JHARKHAND

Hon’ble Mr Justice D.N.Patel,

Executive Chairman,

Jharkhand State Legal Services Authority

Shri Arun Kumar Rai,

Member Secretary,

Jharkhand State Legal Services Authority, “NYAYA SADAN.”

Near AG Office,

Doranda, Ranchi – 834002.

0651-

(R) 0651-2942072

 

 

(O) 2481-520, 2482-392 (TF) 2482-397 [email protected] & [email protected]

KARNATAKA

Hon’ble Mr Justice Jayant M. Patel

Executive Chairman

Karnataka State Legal Services Authority

Smt. Uma M.G.

Member Secretary, Karnataka

State Legal Services Authority Nyaya Degula, 1st Floor, H.Siddaiah Road,

Bangalore – 560027

080-

O: 22954123

O: 22111875

O; 22111714

F: 22112935

DS: 22111716

AS: 22111729

[email protected]

KERALA

Hon’ble Mr Justice Thottathil B.Radhakrishnan

Executive Chairman,

Kerala State Legal Services Authority

Shri K.Sathyan

Member Secretary,

Kerala State Legal Services Authority,

Niyama Sahaya Bhavan, High Court Compound, Ernakulam, KOCHI – 682 031.

0484-

[

(F) 2396717 Per: 2395717

E-mail: [email protected]

Website: www.kelsa.nic.in

MADHYA PRADESH

Hon’ble Mr Justice Rajendra Menon

Executive Chairman,

Madhya Pradesh State Legal Services Authority,

Shri Dinesh Kumar Naik

The Member Secretary,

M.P. State Legal Services Authority, C-2, South Civil Lines, Pachpedi,

JABALPUR 482001.

-0761

(O) 2678310

 

 

(O) 2678352

52, 2624131 (F) 2678537

E-mail: [email protected]

MAHARASHTRA

Hon’ble Mr Justice V.M.Kanade

Executive Chairman,

Maharashtra State Legal Services Authority,

Shri Sunil K.Kotwal

Member Secretary,

Maharashtra State Legal Services Authority, 105, High Court, PWD Building, Fort, MUMBAI – 400 032.

-022

(O) 22670106

 

(O) 22691395

(O) 22691358/22665866 (F) 22674295

e-mail: [email protected],

[email protected]

MANIPUR

Hon’ble Mr.Justice N. Kotiswar Singh

Executive Chairman,

Manipur State Legal Services Authority,

Ms R.K.Memcha Devi

Member Secretary,

Manipur State Legal Services Authority, High Court of Manipur Complex,

Mantripukhri-795002, Imphal.

0385-

(O) 2442527

(O) 2410786 (TF) 2413552

(F) 2411461, 23926742 (High Court F) 2413552 [email protected]

MEGHALAYA

Hon’ble Mr.Justice Sudip Ranjan Sen

Executive Chairman,

Meghalaya State Legal Services Authority

Shri W.Diengdoh

Member Secretary,

Meghalaya State Legal Services Authority, R.No.120, MATI Building, Additional Secretariat, SHILLONG – 793 001.

Chief Secretary Office: F: 2225978

0364-

(O) 2227341

(O) 2501051, 2336619 (F) 2336618, 2500064

Registrar High Court (Shillong)

(O) 2226675

(F) 2500064

e-mail: [email protected]

MIZORAM

Mr. Joel Joseph Denga,

Member Secretary,

Mizoram State Legal Services Authority, Junior Judges Quarters Building,

New Capital Complex, Khatla, Aizawl,

Mizoram.

(O) 2336621

(F) 2336619e-mail:

[email protected]

NAGALAND

Hon’ble Mr Justice Nishitendu Chaudhury,

Executive Chairman,

Nagaland State Legal Services Authority

 

Smt. Nino Iralu

Member Secretary,

Nagaland State Legal Services Authority, Old Secretariat Complex,

KOHIMA – 797001.

[email protected]

0370-

(Tel/Fax) 0370-2290153

 

 

[email protected]

ODISHA

Hon’ble Mr Justice Vinod Prasad

Executive Chairman,

Orissa State Legal Services Authority

 

Shri Sashikanta Mishra

Member Secretary,

Orissa State Legal Services Authority, S.O. Quarter No.20, Cantonment Road, Cuttack -753 001.

0671-

 

 

(O) 2307678, 2304389, 2307071 (R) 2304233

(F) 2305702

E-mail [email protected]

PUNJAB

Hon’ble Mr Justice S.S.Saron

Executive Chairman,

Punjab State Legal Services Authority,

Shri Gobinder Singh,

Member Secretary,

Punjab State Legal Services Authority,

2nd Floor, New Block, Old Court Complex, Sector-17, Chandigarh -160 017.

0172-

 

 

O: 2715800

Tele Fax 4652568

E-mail: [email protected]

RAJASTHAN

Hon’ble Mr Justice Ajay Rastogi,

Executive Chairman,

Rajasthan State Legal Services Authority

Shri S.K.Jain

Member Secretary,

Rajasthan State Legal Services Authority, Rajasthan High Court Building,

JAIPUR – 302 005

0141-

(O) 2227461

 

(O) 2227481(D) 2227886 (F) 2227602,

e-mail: [email protected]

SIKKIM

Hon’ble Mrs Justice Meenakshi M.Rai

Executive Chairman,

Sikkim State Legal Services Authority,

Mr.K.W.Bhutia

Member Secretary,

Sikkim State Legal Services Authority, Development Area,

Gangtok, East Sikkim-737101

03592-

(F) 207755

(TF) 03592-207753

e-mail: [email protected] sikkimslsa.nic.in

TELANGANA

Hon’ble Mr Justice V.Ramasubramanian

Executive Chairman,

Telangana State Legal Services Authority

Sri.A.Venkateshwara Reddy

Member Secretary

Telangana State Legal Services Authority

IInd Floor, Nyaya Seva Sadan, City Civil Court

Compound, Purani Haveli, HYDERABAD – 500 002

040-

TF: 23446723

Email: [email protected]

TAMIL NADU

Hon’ble Mr Justice Huluvadi G.Ramesh

Executive Chairman,

Tamil Nadu State Legal Services Authority

Thiru RMT. Teekaa Raman

Member Secretary

Tamil Nadu State Legal Services Authority, North Fort Road, High Court Campus CHENNAI – 600 104.

044 –

(O) 25342834 (O) 25235767 (F) 25342268

E-mail: [email protected], [email protected]

TRIPURA

Hon’ble Mr Justice, S.C.Das

Executive Chairman,

Tripura State Legal Services Authority,

Shri Biswajit Palit,

Member Secretary,

Tripura State Legal Services Authority, East Bank of Malarmath Dighi Agartala, Tripura (W) – 799 001.

0381 –

(O) 2322481 (F) 2328998 (HL) 2310444

E-mail: [email protected]

UTTAR PRADESH

Hon’ble Mr Justice Vimlesh Kumar Shukla

Executive Chairman,

U.P.State Legal Services Authority

Shri Pradeep Kumar Srivastava

Member Secretary,

U.P. State Legal Services Authority,

3rd Floor Annexe, Jawahar Bhavan, LUCKNOW – 226 001.

 

 

 

 

0522-

(O) 2286395, 2287972

(F) 2286260

E-mail: [email protected]

Website: www.upslsa.up.nic.in

UTTARAKHAND

Hon’ble Mr Justice V.K.Bist

Executive Chairman,

Uttarakhand State Legal Services Authority,

Shri Prashant Joshi,

Member Secretary,

Uttarakhand State Legal Services Authority, Glenthorn Building, High Court Complex,

Nainital, Uttarakhand-263002

05942-

(O) 230003

 

 

(O) 236762 (TF) 236552 [email protected]

e-mail: [email protected]

WEST BENGAL

 

Mr Abhijit Som

Member Secretary,

W.B. State Legal Services Authority, City Civil Court Building (1st Floor),

2 & 3, Kiron Sankar Roy Road,

KOLKATA – 700 001.

033-

(D) 22484234 (O) 22483892 (F) 22484235

E-mail: [email protected]

ANDAMAN & NICOBAR ISLANDS

Hon’ble Mr Justice Soumitra Pal,

Executive Chairman,

Andaman & Nicobar State Legal Services Authority,

Shri Prasenjit Biswas

Member Secretary,

State Legal Services Authority, Andaman & Nicobar Islands, Secretariat, A&N Administration, PORT BLAIR – 744 101.

 

 

03192-

(TF) 236616 (R) 234009 [email protected]

CHANDIGARH (UNION TERRITORY)

Hon’ble Mr Justice Surya Kant,

Executive Chairman,

State Legal Services Authority, UT of Chandigarh.

Shri Mahavir Singh,

Member Secretary,

UT Chandigarh State Legal Services Authority, Union Territory of Chandigarh,

Additional Deluxe Building, Ground Floor, Sector 9-D, CHANDIGARH – 160009

0172-

(O) 2743655

 

 

(O) 2742999 (F) 2742888

e-mail: [email protected]

DADRA & NAGAR HAVELI (UNION TERRITORY)

Hon’ble Mr Justice V.M.Kanade

Executive Chairman,

State Legal Services Authority, Dadra & Nagar Haveli.

Shri S.G. Mehare

Member Secretary

UT Dadra & Nagar Haveli Legal Services Authority, District & Sessions Court,

Tokarkhada, Silvassa,

Dadra and Nagar Haveli (U.T.) Pin – 396 230

 

 

0260-

(O) 2644452 (F): 2641334

E-mail: [email protected]

DAMAN & DIU

Shri S.G, Mehare

Member Secretary and Distt. & Sessions Judge,

Daman & Diu Legal Services Authority, Moti Daman 396220

(O) 2230887, 2230221

e-mail: [email protected]

DELHI

Hon’ble Ms Justice Indira Banerjee,

Executive Chairman,

Delhi Legal Services Authority

Mr Dharmesh Sharma

Member Secretary,

Delhi State Legal Services Authority, Pre-fab Building, Patiala House Courts, NEW DELHI – 110 001.

011 –

(O) 23384781,

(O) 23383014 (PHC) (F) 23387267 (PHC) (O) 23342222 (GM) (O) 23341111 (GM)

e-mail: [email protected] [email protected]

LAKSHADWEEP

Hon’ble Mr Justice Thottathil B.Radhakrishnan

Judge High Court of Kerala & Executive Chairman, Lakshadweep State Legal Services Authority

Kochi- 68203, Kerala.

 

Shri B. Ramakantha

In-charge

Member Secretary,

Lakshadweep State Legal Services Authority, District & Sessions Judge, Lakshadweep,

KAVARATTI ISLANDS – 682 555.

04896-

(O) 2395353/303

 

 

 

(O) 262323

(O) 263138 (R) 262233 (F) 262184, 262307

e-mail: [email protected] [email protected]

PUDUCHERRY

Hon’ble Mr Justice M.Jaichandran

Executive Chairperson,

U.T of Pondicherry Legal Services Authority.

Ms V.Sofana Devi,

Member Secretary

U.T. of Puducherry Legal Services Authority, No.3, Lal Bahadur Shastri Street,

Puducherry-605 001.

 

 

0413-

(O) 2338831

(O) 2338831 (FAX)

 

E-mail: [email protected]

 

 

Conclusion

Free legal advice is available to the people in need by various public and private institutions. The importance of free legal aid has been duly recognised by various provisions of the Indian Constitution and other legislations in India. The most important article with respect to Free Legal Aid is A.39A read with A.21 of the Constitution which makes it a duty of the state to provide free legal aid to those who need it and associates it with the right to life. The government of India enacted the Legal Services Authorities Act in 1987 to specify the eligibility criteria to avail free legal aid, to provide for various institutions responsible for providing it and various other provisions with respect to legal aid. Privately, lawyers, law firms, law schools, NGOs, etc., have been witnessed to be active in providing free legal advice.

 

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References:

[1]Jackson v. Bishop, 404 F.2d 571 (1968)

[2] Maneka Gandhi vs Union Of India, 1978 AIR 597, 1978 SCR (2) 621

[3]Hussainara Khatoon v. State of Bihar [1979] 3 S.C.R. 532

[4]Ibid.

[5]Khatri And Others v. State Of Bihar & Ors, 1981 SCR (2) 408, 1981 SCC (1) 627

[6] Section 3 of the Legal Services Authorities Act, 1987

[7] Section 7 of the Legal Services Authorities Act, 1987

[8] Section 6 of the Legal Services Authorities Act, 1987

[9] Section 10 of the Legal Services Authorities Act, 1987

[10]Section 9 of the Legal Services Authorities Act, 1987

[11] Section 3A of the Legal Services Authorities Act, 1987

[12] Section 8A of the Legal Services Authorities Act, 1987

[13] Section 11B of the Legal Services Authorities Act, 1987

[14] Section 11A of the Legal Services Authorities Act, 1987

[15] Section 21 of the Legal Services Authority Act, 1987

[16] Section 19(2) of the Legal Services Authority Act, 1987

[17] Section 3 of the National Legal Services Authority (Free and Competent Legal Services) Regulations, 2010

[18] Section 5 of the National Legal Services Authority (Free and Competent Legal Services) Regulations, 2010

[19] Section 3 of the National Legal Services Authority (Legal Services Clinics) Regulations, 2011

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