government issues guidelines to all state governments to improve legal aid system in the country

Tuesday, September 13, 2005

The Ministry of Law and Justice has issued guidelines to all State Governments and Union Territories to strengthen and improve the Legal Aid System in the country. The guidelines are following:

The representatives of the Bar, retired Judges who have distinguished themselves in the legal aid work and the representatives of nodal departments of Central/State Governments/UT Administrations concerned with issues relating to social welfare, gender justice etc. may be included in various Legal Services Authorities and Committees.
It should be brought to the notice of the appropriate Government in advance before launching of any new project/mission for legal aid by the Legal Services Authority. This is to be done to ensure that the project does not suffer for want of funds at a later stage.
Keeping in view the limited judicial manpower, Secretaries of Legal Services Authorities should not only be appointed from amongst serving officers of Judicial Services but they should also be sensitized persons.
The expenditure on tours, conferences and functions being incurred by the Legal Services Authorities should not be more than the expenditure incurred on real legal aid to the poor.
An appropriate panel of Legal Aid Counsels by each Legal Services Authority/Committee may be maintained particularly at district and taluka levels wherever it is not available.
The adequate representations to the advocates belonging to the weaker sections of the society such as SCs, STs, OBCs and women should be given in the panel of Legal Aid Counsels. It should also be ensured that the cases of beneficiaries belonging to the weaker sections should be handled by the advocates of weaker sections on panel as they have a better understanding of the problems faced by these weaker sections of the society. At least, 50 percent of the persons in panel as Legal Aid Counsels should belong to the weaker sections.
· The Legal Services Authorities/Committees at the district and taluka levels should be allocated specifically earmarked funds. The provision of specific financial allocations coupled with the grant of financial independence to these authorities/committees may help in providing legal aid to the needy in an expeditious manner.


The Government is also thinking of expanding the scope of the Legal Services Authorities Act, 1987 by including senior citizens, dependent family members of Armed Forces personnel and of personnel of Para Military forces who died in action, and victims of terrorists/extremists violence and riots, in the categories of persons entitled to get legal aid.

ALM/SK