Free legal aid: who gets it and how

Many people lose cases, or never file them, because they believe a lawyer is beyond their means. The Constitution says otherwise. Art 39A directs the State to provide free legal aid so that no citizen is denied justice "by reason of economic or other disabilities", and the Supreme Court has read the right to a free lawyer in a criminal case into Art 21 (Hussainara Khatoon, 1979; Khatri, 1981). The Legal Services Authorities Act, 1987 built the machinery: NALSA at the national level, a State Legal Services Authority in each state, a DLSA in each district and a Taluk committee at sub-district courts.

Who is eligible

Under Sec 12 LSA Act you qualify if you are:

• a woman or a child (under 18), whatever your income;
• a member of a Scheduled Caste or Scheduled Tribe;
• a person with a disability or mental illness;
• a victim of trafficking or forced labour;
• a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought or earthquake;
• an industrial workman;
• in custody of any kind: police lock-up, jail, a juvenile home, a protective home or a psychiatric hospital;
• anyone whose annual income is below the limit set by the state (₹3 lakh in many states, lower in some) or below ₹5 lakh for a case in the Supreme Court.

Transgender persons, senior citizens and victims of acid attacks are covered by NALSA schemes or state rules in most states; ask the DLSA. Under Sec 13 the authority also checks that you have a prima facie case, that is, something worth arguing; it does not have to be a sure win. A self-declaration of income on affidavit is normally enough.

What you get

• A panel lawyer to advise you, draft notices, applications, petitions and replies, and appear for you in any court, tribunal or authority, from the Magistrate to the Supreme Court. Under the Legal Aid Defence Counsel System, most districts now have full-time salaried defence lawyers for criminal cases.
• Court fees, process fees, typing, certified copies, witness expenses and translation, paid by the authority Sec 2(1)(c).
• Legal advice alone, without a case, at the DLSA front office or a legal aid clinic (in many jails, colleges, villages and slums). Tele-Law gives video advice through Common Service Centres.
• Lok Adalat: a settlement forum run by the authorities under Secs 19–22, for pending cases and pre-litigation disputes (bank loans, cheque bounce, motor accident claims, family matters, utility bills). No court fee; if you settle, the award is final and the court fee already paid is refunded. A Permanent Lok Adalat handles disputes about public utility services such as transport, telephone, electricity and insurance.
• Victim compensation: the DLSA processes compensation for victims of crime under the state scheme, including interim relief.

Legal aid is not charity with strings. You can ask to change your lawyer if they do not attend hearings or communicate with you; complain in writing to the DLSA Secretary.

Step by step

1. Call 15100 (NALSA helpline) and explain your problem. They tell you which DLSA to approach and what to bring. Or apply online through the NALSA website (nalsa.gov.in), which has a legal services application form.
2. Go to the DLSA front office, usually in the district court complex (ask for the "legal aid office" or the "Secretary, DLSA", who is a judicial officer). At sub-district courts, the Taluk Legal Services Committee. In the High Court and Supreme Court, the respective Legal Services Committee.
3. Fill the one-page application: your details, the category you qualify under, your income, and a short description of the case. Attach copies of your ID, the proof of category or income, and any case papers (FIR, notice, order).
4. Get the lawyer assigned. You receive an order naming a panel lawyer and their contact. In urgent matters (an arrest, an eviction tomorrow, a child's custody) say so; duty lawyers (remand lawyers) sit in every Magistrate's court for people produced in custody.
5. Work with the lawyer. Give them all documents, keep copies, attend hearings, and keep the DLSA informed of any change of address or phone.
6. If refused, ask for the reasons in writing and appeal to the State Legal Services Authority. If you lose the case, aid continues for appeal if the lawyer certifies there are grounds.