Majority Indian Population Eligible For Legal Aid: Parliamentary Committee Recommends Additional Posts In NALSA, Enhanced Funds

The above recommendation was presented today in the 143^rd Report of the Committee on the Subject - "Review of the working of Legal Aid under the Legal Services Authorities Act, 1987".

The Committee while discussing the budgetary constraints and allocations, observed that the majority of the Indian population are eligible for legal aid.

It further observed that as per 'India Justice Report, 2019' published by the Tata Trust, per capita free legal aid spend in India is just 0.75 paise per annum (in 2017-18), which is perhaps among the lowest in the world.

“Though funding legal services authorities is also one of the responsibilities of States, there is a dire need to significantly enhance the expenditure on this front. Therefore, the Committee strongly recommends that Grant-in-aid to NALSA may be substantially increased in order to carry out the activities as planned by them,” the Committee recommended.

The Committee has also recommended augmenting the current staff allocation for National Legal Services Authority (NALSA), by sanctioning an additional 40 positions.

The Committee noted, “NALSA's activities have increased manifold since its inception and it is actively engaged in taking the legal aid movement in India to every nook and corner. However, its existing sanctioned staff strength of 34 only is too low considering its mandate and reach. Accordingly, the Committee recommends the Government to sanction additional 40 posts as requested by them.”

“​The Committee further recommends the NALSA to take proactive steps to fill up the vacant posts, in accordance with their respective RRs, on regular basis and not to allow piling up of unfilled vacancies,” it added.

Underutilization Of Para-Legal Volunteers (PLVs)

Addressing the underutilization of Para-Legal Volunteers (PLVs), the Committee proposed immediate actions to enhance their effectiveness. It suggested regular and comprehensive training and capacity building for PLVs, along with providing adequate resources and support to facilitate their duties.

The Committee recommended, “PLVs should be paid or compensated adequately for their work, so that they remain interested in their work. They should also receive recognition and appreciation from the legal system and the society. This would enhance their motivation and commitment to serve the people.”

It further recommended that the legal services authorities and the Lok Adalats should conduct awareness campaigns and outreach programs to inform and educate the people about the role and functions of PLVs. In turn, the PLVs should also build trust and rapport with the people and address their concerns and grievances, the Committee suggested.

Legal Aid Defence Counsel Scheme

Regarding the Legal Aid Defence Counsel Scheme (LADCS), which appoints full-time experienced lawyers to provide legal aid in criminal matters, the Committee hailed it as a transformative initiative in legal aid provision.

The Committee said, “This is a paradigm shift in the manner in which the legal aid is provided in the country, whereas earlier cases were assigned to the empanelled lawyers who also had a private practice.”

It expressed optimism that the scheme would elevate the quality of legal assistance extended to beneficiaries and stressed the need for a transparent selection process to enlist competent and dedicated lawyers for the scheme.

Lack Of Awareness And Legal Education

With respect to the lack of awareness and legal education, the committee highlighted that ​Empowering individuals through education and creating awareness about their rights and the role of legal aid is essential to bridge this information gap.

Accordingly, the Committee opined that the Government may take an extensive mass media campaign to educate the eligible population about the legal aid avenues available for them to get justice.

The Committee expressed its concern on the plight of vulnerable sections, where NALSA should have been involved effectively.

The Committee noted that as per the data available in the public domain, out of the total number of prisoners in the country, approximately 70 percent are under trials.

The Committee further noted that a large number of under trial prisoners have spent more time in jail than the actual sentence prescribed under the relevant Sections/Acts in case they have been convicted.

“A large number of prisoners are unable to arrange bail due to non- furnishing of personal bail bonds/surety. In view of this, the Committee recommends that NALSA should study and evaluate these types of cases and assist them on priority,” it added.

Increased Access To Legal-Aid To The Prisoners

​Moving ahead, the Committee opined that access to justice, especially to the undertrials is still limited, sufficient time for consultation and a centralized application process is vital for seeking help.

​The Committee said that a centralized application process will provide for prompt allocation of counsel and would enable them to seek their legal remedies with minimal delay.