Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society and ensures justice for all. Articles 14 and 22(1) of the Constitution also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on the basis of equal opportunity to all. In the year. Legal Services Authorities Act was enacted to constitute legal services authorities for providing free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice were not denied to any citizen by reason of economic or other disabilities and to organize Lok Adalats to ensure that the operation of the legal system promoted justice on a basis of equal opportunity. The interpretation of this Act in the light of its object reveals that it is a very good legislation for the amicable and speedy disposal of disputes. The Act extends to the whole of India. For the proper implementation of the provisions of the Legal Services Authorities Act, 1987 various authorities have been created at national, state, district and taluka level. These authorities have also been established at the level of Supreme Court and High Court. In this article we shall discuss Entitlement to Legal Services under the Legal Services Authorities Act, 1987

Under the Legal Services Authorities Act, 1987, individuals are entitled to free legal services based on specific criteria aimed at ensuring access to justice for marginalized and economically disadvantaged groups. The Act ensures that no one is denied legal assistance due to financial incapacity or social disadvantage. Below are the key categories of people entitled to free legal services:

Persons Eligible for Legal Aid:

The following categories of persons are entitled to free legal services under Section 12 of the Legal Services Authorities Act, 1987:

• Women and Children: All women, regardless of their income, and children (below 18 years of age) are entitled to free legal aid.
• Scheduled Castes (SC) and Scheduled Tribes (ST): Members of SC/ST communities are entitled to legal services to safeguard their rights.
• Victims of Trafficking: Individuals who are victims of human trafficking or forced labor are eligible for free legal aid.
• Persons with Disabilities: Individuals with disabilities, as defined by relevant laws, are eligible for legal services.
• Industrial Workmen: Workers in industries who fall under the category of “workmen” under industrial laws are entitled to free legal services.
• Victims of Natural or Man-made Disasters: Victims of natural disasters, such as floods, earthquakes, and drought, or man-made disasters such as riots or terrorism, can avail of legal services.
• Persons in Custody: Individuals who are detained in prisons, protective homes, juvenile homes, or psychiatric hospitals, and those in preventive detention, are entitled to free legal aid.
• Persons Facing Undue Hardship or Financial Constraints: Any individual whose annual income falls below a prescribed threshold set by the respective State Legal Services Authority (SLSA) or the Central Government is entitled to free legal aid. The income threshold may vary from state to state.
• Victims of Human Trafficking and Beggars: Victims of human trafficking and people who engage in beggary are eligible for legal services.
• Victims of Mass Disasters, Ethnic Violence, Caste Atrocities: Victims of ethnic violence, caste-based atrocities, or those affected by large-scale disasters also qualify for free legal services.

Types of Legal Services Provided:

According to Section 13 of the Legal Services Authorities Act, 1987, the legal services provided under the Act include:

• Representation in Court: Legal representation is provided in courts at all levels, including the Supreme Court, High Courts, District Courts, and Taluk-level courts.
• Legal Advice: Individuals can receive free legal consultation and advice on their legal matters.
• Drafting Legal Documents: Assistance in drafting legal documents such as petitions, affidavits, or other court submissions.
• Filing Cases: Filing cases in courts or tribunals is facilitated by the legal services authorities.
• Alternative Dispute Resolution (ADR): Legal services authorities organize Lok Adalats, mediation, and conciliation to help parties resolve disputes outside the formal judicial process.
• Legal Literacy: Programs and initiatives to spread awareness about legal rights and entitlements.

Application for Legal Aid:

Individuals can apply for free legal services by submitting an application to the nearest Legal Services Authority, whether it is the District Legal Services Authority (DLSA), State Legal Services Authority (SLSA), or directly to the Supreme Court Legal Services Committee (SCLSC) for matters in the Supreme Court.

Income Criteria:

• Threshold Limit: The eligibility for free legal services based on income is determined by the State Legal Services Authority (SLSA) or the Central Government. The income limit may vary from state to state, but individuals falling below the prescribed income threshold are eligible for legal aid.
• No Income Cap for Certain Categories: For certain categories, such as women, children, SC/ST members, persons with disabilities, and victims of human trafficking, there is no income threshold, and they are entitled to free legal aid irrespective of their financial situation.

Legal Aid for Special Cases:

Legal aid is also provided for individuals who are facing:

• Civil, Criminal, or Constitutional Matters: Legal representation and aid are available for all types of cases, including civil disputes, criminal cases, and constitutional matters (such as writ petitions in higher courts).
• Appeals and Revisions: Legal aid extends to appeals, revisions, and special leave petitions in higher courts.

Conclusion:

Under the Legal Services Authorities Act, 1987, the entitlement to legal services is designed to ensure that every individual, especially the underprivileged and marginalized, has access to justice. By offering free legal representation, advice, and alternative dispute resolution mechanisms, the Act fulfills the constitutional mandate of Article 39A, which promotes equal justice and free legal aid for all citizens, ensuring that financial or social disadvantages do not prevent individuals from accessing legal resources.