Question : Free Legal Aid

(a) the details of authorities/institutions involved in providing free legal aid to the poor and weaker sections of the society in the country;

(b) whether the Government proposes to strengthen these authorities/institutions including the National Legal Services Authority (NALSA) and if so, the details thereof;

(c) the details of funds allocated, released and utilised by these authorities/institutions including NALSA during each of the last three years and the current year, State/UT-wise;

(d) whether the Government has any mechanism to monitor the functioning/performance of these authorities/institutions including NALSA and to ensure proper utilisation of funds so allocated and for better and effective implementation of various programmes so as to help the end users specially the undertrial prisoners, victims of sexual harassment/natural calamities; and

(e) if so, the details thereof and if not, the other steps taken/being taken by the Government in this regard?

ANSWER

MINISTER OF LAW AND JUSTICE
(SHRI D.V. SADANANDA GOWDA)

(a) & (b) The Legal Services Authorities Act, 1987 has set up legal services institutions at all levels from the level of Taluk Courts to the Supreme Court to provide free legal services to the persons eligible under Section 12 of the Act. These include the National Legal Services Authority, the Supreme Court Legal Services Committee, the High Court Legal Services Committees, the State Legal Services Authorities, the District Legal Services Authorities and

the Taluka Legal Services Committees. Free legal services include payment of court fees, providing advocate and preparation of paper work, etc.

The National Legal Services Authority (NALSA) has notified National Legal Services Authority (Free and Competent Legal Services) Regulations, 2010 which provide free legal aid to the aforesaid poor and weaker section of the society such as members of SC/ST, women, children etc. Advocates, panel lawyers for legal aid cases are appointed at all levels including in the High Courts and Supreme Court by the Legal Services Institutions for prosecuting or defending the Court cases on behalf of all persons who are eligible for Legal Services.

(c) National Legal Services Authority (NALSA) receives its funds from the Government of India (Ministry of Law & Justice) for undertaking various legal services activities under Section 4 of the Legal Services Authorities Act, 1987. Funds allocated to NALSA during the last three years i.e. 2012-13, 2013-14, 2014-15 and the current financial year 2015-16 are as under:
(Rs. in lakh)
S.No. Year Funds allocated Funds utilized
1 2012-13 3900.00 3692.61
2 2013-14 8044.46 6041.69
3 2014-15 8265.42 5601.70
4 2015-16 6797.00 6065.61

A statement showing State-wise details of funds provided by NALSA to State Legal Services Authorities is at Annexure-A.
(d) & (e ) Yes, Madam. The implementation of Legal Services Schemes and also proper utilization of fund are being discussed and evaluated in the All India Meet/Conference being organized with State Authorities from time to time. The State Authorities have been requested to take steps to ensure that the funds are utilized properly and timely submission of audited statement of accounts and Utilization Certificates submitted in respect of funds utilized.
Further, the NALSA (Free and Competent Legal Services) Regulations, 2010, the NALSA (Victims of Trafficking and Commercial Sexual Exploitation)Scheme, 2015 and the Scheme for Legal Services to Disaster Victims through Legal Services Authorities framed by NALSA provide for free legal assistance to the poor and also undertrial prisoners, victims of sexual harassment/natural calamities, etc.

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Annexure-A
Rs. In Lakhs
STATEMENT AS REFERRED TO IN REPLY TO PART (c) OF THE LOK SABHA UNSTARRED QN. NO.327 FOR 25.02.2016 REGARDING FREE LEGAL AID .
( A statement containing the details of the funds allocated/released by National Legal Services Authority to State Legal Services Authorities during the last three financial years i.e. 2012-13, 2013-14, 2014-15 and the current financial year 2015-16)
S.No. Name of the State Authority 2012-13 2013-14 2014-15 Current Financial Year 2015-16
Amount of Funds Allocated Amount of Funds Allocated Amount of Funds Allocated Amount of Funds Allocated

1 Andhra Pradesh 150 300 215 300
2 Arunachal Pradesh 25 122 97 83.89
3 Assam 138 122 97 200
4 Bihar 125 300 215 50
5 Chhattisgarh 50 222 163 200
6 Goa 25 147 113 50
7 Gujrat 150 257 187 250
8 Haryana 175 277 855.68 50
9 Himachal Pradesh 75 172 130 800
10 J & K 125 172 130 200
11 Jharkhand 75 142 110 200
12 Karnataka 100 247 180 250
13 Kerala 175 272 347 150
14 Madhya Pradesh 225 182 137 100
15 Maharashtra 150 172 130 200
16 Manipur 75 172 130 50
17 Meghalaya 75 122 97 50
18 Mizoram 75 147 113 75
19 Nagaland 75 172 130 100
20 Orissa 150 222 163 200
21 Punjab 150 172 130 300
22 Rajasthan 150 182 137 200
23 Sikkim 75 122 97 75
24 Tamil Nadu 175 182 137 240
25 Telangana - - 215 150
26 Tripura 75 122 97 100
27 Uttar Pradesh 100 152 115 100
28 Uttarakhand 75 147 113 100
29 West Bengal 175 147 113 250
30 And. & Nico. Islands 5 30 35 50
31 U.T. Chandigarh 30 122 97 50
32 Dadra & Nagar Haveli 5 30 35 50
33 Daman & Diu 5 30 35 50
34 Delhi 125 172 130 331
35 Lakshadweep 5 30 35 50
36 U.T.Puducherry 75 97 80 50
37 Supreme Court Legal Services Committee 100 200 135 250

Grand Total 3538 5878 5475.68 5954.89