Entitlement to Free Legal Aid

Inadequate representation of case before the court due to lack of legal assistance is a very big reason for injustice and delayed justice. Providing free legal aid to those people who can’t afford the legal assistance in the eyes of the law as mentioned under section 12 of the Act is a positive step towards imparting of justice on equitable basis.

People entitled to free legal services:

· A member of a Scheduled Caste or Scheduled Tribe

· A victim of trafficking in human beings or beggar as referred in article 23 of the Constitution;

· A woman or a child; · A person with disability as defined in clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996)

· 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;

· An industrial workman; or in custody, including custody in a protective home within the meaning of clause (g) of section 2 of the Immoral Traffic (Prevention) Act,1956, or in a Juvenile home within the meaning of clause (j) of section 2 of the Juvenile Justice Act, 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;

· 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.

In Supreme Court a person whose annual income from all sources does not exceed Rs.50,000 (Rupees fifty thousand) per annum shall be entitled to legal services if the case is before the Supreme Court.

Persons who satisfy any of the criteria specified in section 12 shall be entitled to receive legal services provided that the concerned Authority is satisfied that such person has a prima-facie case to prosecute or to defend. An affidavit made by a person as to his income may be regarded as sufficient for making him eligible to the entitlement of legal services under this Act unless the concerned Authority has reason to disbelieve such affidavit.