Breaking Barriers to Justice: The Role of Legal Services Authorities Act, 1987

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This article is written by Pallavi Agnihotri, a student from Lovely Professional University.

Overview

The Legal Services Authorities Act, of 1987 is an important legislation in India that aims to provide free legal aid and assistance to the weaker sections of society. It was enacted with the objective of ensuring that justice is not denied to any person on account of economic or other disabilities.

The Act establishes the National Legal Services Authority (NALSA) at the national level, State Legal Services Authorities (SLSAs) at the state level, and District Legal Services Authorities (DLSAs) at the district level. These bodies are responsible for implementing the provisions of the Act and providing legal aid and assistance to eligible persons.

Some of the key features of the Act are:

  1. Definition of legal services: The Act defines “legal services” to include the rendering of any service in the conduct of any case or other legal proceeding before any court or other authority or tribunal and the giving of advice on any legal
  2. Eligibility for legal aid: The Act provides that any person who is unable to afford legal services may apply for legal aid. This includes not only persons who are below the poverty line but also persons who belong to any other category of persons as may be notified by the State
  3. Types of legal aid: The Act provides for several types of legal aid and assistance, including:
  • Representation by a lawyer in legal proceedings before any court or other authority
  • Payment of court fees, process fees, and other expenses incurred in legal proceedings
  • Advice on any legal matter
  • Preparation of legal documents, including agreements, wills, and other instruments
  • Legal literacy and legal awareness programs
  1. Constitution of Permanent Lok Adalats: The Act provides for the constitution of Permanent Lok Adalats (PLAs) for the settlement of disputes through conciliation and PLAs have jurisdiction over disputes relating to public utility services, and disputes arising out of contracts entered into by public sector undertakings, statutory authorities, and other bodies.
  2. Funding of legal services: The Act provides for the establishment of a fund for the purpose of providing legal aid and The fund is to be constituted by grants from the Central and State Governments, as well as from other sources.
  3. Role of legal services authorities: The Act sets out the functions and powers of the NALSA, SLSAs, and DLSAs. Some of the key functions of these bodies are:
  • To provide legal aid and assistance to eligible
  • To organize legal literacy and legal awareness
  • To promote and encourage the settlement of disputes through Lok Adalats and other alternative dispute resolution mechanisms .
  • To undertake research and studies on legal aid and related
  • To perform such other functions as may be assigned to them by the Central or State

The Legal Services Authorities Act has been amended several times since its enactment, to expand the scope of legal aid and assistance, and to strengthen the implementation mechanisms. It has played a crucial role in providing access to justice to marginalized and vulnerable sections of society, and in promoting the rule of law.

Important Provisions Of This Act

Here are some of the important sections of the Legal Services Authorities Act, 1987:

  1. Section 2(e): This section defines “legal services” to include the rendering of any service in the conduct of any case or other legal proceeding before any court or other authority or tribunal and the giving of advice on any legal
  2. Section 12: This section lays down the criteria for determining whether a person is eligible for legal It provides that a person may be eligible for legal aid if he is a member of a Scheduled Caste or Scheduled Tribe, a victim of trafficking in human beings or begar, a woman or a child, a person with disability, a person in custody, a person whose annual income does not exceed the amount notified by the State Government, or any other person as may be notified by the State Government.
  3. Section 16: This section provides for the constitution of Permanent Lok Adalats (PLAs) for the settlement of disputes through conciliation and PLAs have jurisdiction over disputes relating to public utility services, and disputes arising out of contracts entered into by public sector undertakings, statutory authorities, and other bodies.
  4. Section 22: This section provides for the funding of legal services by the Central Government, the State Governments, and other sources. It provides that the Central Government shall, in consultation with the NALSA, prepare a scheme for the purpose of providing funds to the State Governments and the DLSAs.
  5. Section 24: This section provides for the functions and powers of the It provides that the SLSAs shall perform such functions as may be assigned to them by the State Government, and shall have the power to supervise and control the functioning of the DLSAs.
  6. Section 30: This section provides for the functions and powers of the NALSA. It provides that the NALSA shall perform such functions as may be assigned to it by the Central Government, and shall have the power to give directions to the SLSAs and the DLSAs in the discharge of their

Importance Of The Act

The Legal Services Authorities Act, 1987 is an important legislation that has played a crucial role in promoting access to justice and the rule of law in India. Here are some of the key reasons why this act is important:

  1. Provides legal aid to marginalized sections of society: The act provides for the establishment of legal services authorities at the national, state, and district levels, which are tasked with providing legal aid and assistance to the marginalized and vulnerable sections of society, including women, children, the elderly, and the economically
  2. Ensures access to justice: The act ensures that every citizen has access to justice, irrespective of their economic or social status. It provides for the provision of legal aid and assistance to those who cannot afford to pay for legal services, thereby ensuring that justice is not denied to anyone due to financial
  3. Promotes alternative dispute resolution: The act provides for the establishment of Permanent Lok Adalats (PLAs), which are institutions for the settlement of disputes through conciliation and This helps to reduce the burden on the judiciary and promote alternative dispute resolution mechanisms.
  4. Enhances the functioning of legal services authorities: The act provides for the funding of legal services authorities by the Central and State Governments, and lays down the functions and powers of these This helps to ensure that these bodies function effectively and efficiently, and are able to provide legal aid and assistance to those who need it.

Overall, the Legal Services Authorities Act, 1987 is an important legislation that has helped to promote access to justice and the rule of law in India. It has helped to ensure that legal aid and assistance is available to all, and has contributed to the promotion of a just and equitable society.

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