India’s annual spending on free legal aid, at just 0.75 paise per person, is one of the lowest globally according to the ‘India Justice Report, 2019’ by Tata Trust.
The Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice recently released its 143rd Report, focusing on the comprehensive “Review of the working of Legal Aid under the Legal Services Authorities Act, 1987.” The report sheds light on crucial aspects of legal aid in India, emphasizing the need for significant improvements in various areas.
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The Committee strongly recommends boosting financial assistance to legal services authorities, particularly emphasizing the need for a significant increase in Grant-in-aid to the National Legal Services Authority (NALSA). Acknowledging the financial challenges encountered by the Indian legal aid system, the Committee highlights that a majority of the population qualifies for legal aid.
Citing the ‘India Justice Report, 2019’ by Tata Trust, the Committee draws attention to the alarming fact that per capita free legal aid spend in India is just 0.75 paise per annum, as of 2017-18, which is notably one of the lowest in the world. In response to these challenges, the Committee strongly recommends a significant increase in Grant-in-aid to NALSA to enable them to carry out their planned activities effectively.
The Committee addresses not only financial aspects but also the human resource dimension of NALSA. It formally recommends increasing the current staff allocation for NALSA by adding 40 positions. Acknowledging the escalating workload on NALSA since its inception, the Committee asserts that the existing sanctioned staff strength of 34 is insufficient, given the extensive mandate and reach of the organization.
Furthermore, the Committee underscores the imperative of taking proactive measures to fill vacant positions and prevent the accumulation of unfilled vacancies at NALSA. This proactive approach is deemed crucial for ensuring the efficient functioning of NALSA in extending legal aid to every corner of the country.
The Committee turns its attention to Para-Legal Volunteers (PLVs), highlighting the underutilization of their services. To address this, it proposes immediate actions to enhance their effectiveness, including regular and comprehensive training and capacity building for PLVs. The Committee recommends adequate compensation for PLVs to maintain their interest and commitment to their work. It emphasizes the importance of PLVs receiving recognition and appreciation from the legal system and society, which would, in turn, boost their motivation.
Furthermore, the Committee advocates for awareness campaigns and outreach programs conducted by legal services authorities and Lok Adalats to inform and educate the public about the role and functions of PLVs. This, according to the Committee, will help build trust and rapport between PLVs and the people, allowing them to address concerns and grievances effectively.
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The report also delves into the Legal Aid Defence Counsel Scheme (LADCS), praising it as a transformative initiative in legal aid provision. The Committee sees this as a paradigm shift in the way legal aid is provided, particularly in criminal matters. It expresses optimism that the scheme will elevate the quality of legal assistance provided to beneficiaries and stresses the need for a transparent selection process for competent and dedicated lawyers.
The Committee highlights the need to educate people about legal aid options through a mass media campaign. It expresses concern for vulnerable groups, especially undertrial prisoners, making up 70% of the total prison population. The Committee urges NALSA to prioritize addressing their needs and promptly review cases of prolonged pre-trial detention.
The Committee urges the Bar Council of India (BCI) to mandate every lawyer to undertake at least one pro bono case annually. It proposes the formation of panels of designated Senior Advocates in High Courts and the Supreme Court to engage in pro bono work. The Committee suggests providing merit certificates to advocates engaging in pro bono work, which could be considered when they apply for positions as law officers or judges.
The report underscores the vital role of NALSA in addressing the needs of vulnerable populations and recommends an increase in sanctioned staff positions to meet its expanding mandate effectively. It highlights challenges within the legal aid framework, including the underutilization of para-legal volunteers (PLVs) and the necessity for streamlined processes in Lok Adalats.
In order to enhance PLV engagement, the Committee suggests comprehensive training, allocation of adequate resources, and recognition from legal authorities. Moreover, it calls for increased access to legal aid for prisoners, advocating for centralized application processes to expedite legal remedies.
