Question : FUNDS FOR LEGAL ASSISTANCE TO PRISONERS

(a) whether the Government provides financial assistance to Statcs/UTs for providing free legal assistance to poor and undertrial prisoners and if so, the criteria laid down for the purpose;

(b) the funds provided to various State$/UTs during each of the last three years along with the utilisation status thereof, State/UT-wise;

(c) whether the Government proposes to review/revise the existing criteria and also ensure that the said funds are utilised properly; and

(d) the other steps taken/bcing taken by the Government to provide free legal assistance to the poor and undertrial prisoners in the country?

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

STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (d) OF THE LOK SABHA STARRED QUESTION NO. 154 DUE FOR ANSWER ON 05.03.2015

Part (a) to (d): Government provides a grant-in aid to National Legal Services Authority (NALSA). NALSA in turn allots funds to State Legal Services Authorities. The funds are meant for the purpose of providing free legal aid to all categories of persons as specified under the provisions of Section 12 of the Legal Services Authorities Act, 1987, which includes amongst others undertrial prisoners also. Section 12 is reproduced below:

Under Section 12 of Legal Services Authorities Act, 1987 (39 of the Central Act),the following persons are entitled to free legal services:

“12. Criteria for giving legal services - Every person who has to file or defend a case shall be entitled to legal services under this Act if that person is;-

(a) a member of a Scheduled Caste or Scheduled Tribes;

(b) a victim of trafficking in human beings or beggar as referred to in article 23 of the Constitution;

(c) a women or a child;

(d) 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 (I of 1996);

(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 industry 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 or a 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 (now enhanced to Rs. 1 lac per annum), 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 (now enhanced to Rs. 1.25 lac per annum).

A Statement showing the details of funds provided by National Legal Services Authority to various State Legal Services Authorities both in States and Union Territories and also the Supreme Court Legal Services Committee along with the details of utilization of funds during each of the last three financial years viz. 2011-12, 2012-13, 2013-14 is enclosed statement.

There is a proposal to enlarge the categories of persons eligible for legal aid. The State Authorities have been requested to take steps to ensure that the funds are properly- utilized and ensure timely submission of audited accounts and utilization certificates.