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Free Legal Aid

Page Type
----------------------------------------------------------------------------------------------------------------- Who is Entitled to Free Legal Services ----------------------------------------------------------------------------------------------------------------- The sections of the society as enlisted under Section 12 of the Legal Services Authorities Act are entitled for free legal services, they are : (a) A member of a Scheduled Caste or Scheduled Tribe; (b) A victim of trafficking in human beings or begar as referred to in Article 23 of the Constitution; (c) A woman or a child; (d) A mentally ill or otherwise disabled person; (e) A person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or (f) An industrial workman; or (g) 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 (h) 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. ----------------------------------------------------------------------------------------------------------------- Nature of Free Legal Services ----------------------------------------------------------------------------------------------------------------- Free legal services entail the provision of free legal aid in civil and criminal matters for those poor and marginalized people who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any court, tribunal or before an authority. Provision of free legal aid may include: a. Representation by an Advocate in legal proceedings. b. Preparation of pleadings, memo of appeal, paper book including printing and translation of documents in legal proceedings; c. Drafting of legal documents, special leave petition etc. d. Rendering of any service in the conduct of any case or other legal proceeding before any court or other Authority or tribunal and; e. Giving of advice on any legal matter. Free Legal Services also include provision of aid and advice to the beneficiaries to access the benefits under the welfare statutes and schemes framed by the Central Government or the State Government and to ensure access to justice in any other manner. ----------------------------------------------------------------------------------------------------------------- How to Apply ----------------------------------------------------------------------------------------------------------------- A person in need of free legal services can approach the concerned authority or committee through an application which could either be made by sending in written form,or by filling up the forms prepared by the said authorities stating in brief the reason for seeking legal aid or can be made orally in which case an officer of the concerned legal services authority or a paralegal volunteer can assist the person. A person can also apply online for getting Legal Aid to any Legal Services Institution in the country by filling up the Legal Aid Application form available online at NALSA’s website by going on the ‘Online Application’ Link on the Home Page, along with uploading necessary documents. Various SLSAs/DLSAs/SCLSC/HCLSCs/TLSCs also have application forms available on their websites. ----------------------------------------------------------------------------------------------------------------- Procedure After Application ----------------------------------------------------------------------------------------------------------------- Legal aid is provided to the entitled persons through legal services authorities existing from the National to Taluka levels including the NALSA, State Legal Services Authorities, District Legal Services Authorities, Taluk Legal Services Committees, Supreme Court Legal Services Committee and High Court Legal Services Committees. If, however, an application or request for legal aid is received by NALSA, NALSA forwards the same to the concerned authority. Once the application is submitted with the proper authority, it would be perused by the concerned Legal Services Institution as to what action is needed upon the same. The information about the next step on the application would then be sent to the parties concerned. The action taken on an application received would vary from providing counselling/advice to the parties, providing a lawyer to represent them in the court, etc. ----------------------------------------------------------------------------------------------------------------- For More Information Contact :- ----------------------------------------------------------------------------------------------------------------- Member Secretary, HP State Legal Services Authority, Shimla, HP 0177-2623862 Chairman, District Legal Services Authority, Hamirpur, HP 01972-224399 Chairman, Sub Divisional Legal Services Committee, Hamirpur, HP 01972-225560 Chairman, Sub Divisional Legal Services Committee, Nadaun, District Hamirpur, HP 01972-233885 Chairman, Sub Divisional Legal Services Committee, Barsar, District Hamirpur, HP 01972-288055 ----------------------------------------------------------------------------------------------------------------------------