Abstract

The National Legal Services Authority (NALSA) as constituted under The Legal Ser
vices Authority Act, 1987 aims to provide free legal aid to the weaker sections
of the society and also amicable settlement of disputes through Lok Adalats. Thi
s report encompasses the archival formation of NALSA, it's working and fuctions
and most importantly it's role in the modern era.The report also provides the de
tailed overview of my internship at NALSA. My day-to-day responsibilities, work,
observation, courts and police station visits, research etc.
-------------------------------------------------------------------------------------------------------------------------------Contents
Introduction to NALSA
The National Legal Services Authority (NALSA) has been constituted under the Leg
al Services Authorities Act, 1987 to provide free Legal Services to the weaker s
ections of the society and to organize Lok Adalats for amicable settlement of di
sputes.
In every State, State Legal Services Authority has been constituted to give effe
ct to the policies and directions of the NALSA and to give free legal services t
o the people and conduct Lok Adalats in the State. The State Legal Services Aut
hority is headed by Hon ble the Chief Justice of the respective High Court who is
the Patron-in-Chief of the State Legal Services Authority.
In every District, District Legal Services Authority has been constituted to imp
lement Legal Services Programmes in the District. The District Legal Services Au
thority is situated in the District Courts Complex in every District and chaired
by the District Judge of the respective district.
--------------------------------------------------------------------------------------------------------------------------------HISTORY OF LEGAL MOVEMENT IN INDIA
LEGAL AID MOVEMENT IN INDIA - ITS DEVELOPMENT AND PRESENT STATUS
Article 39A of the Constitution of India provides that State shall secure that t
he operation of the legal system promotes justice on a basis of equal opportunit
y, and shall in particular, provide free legal aid, by suitable legislation or s
chemes or in any other way, to ensure that opportunities for securing justice ar
e not denied to any citizen by reason of economic or other disability. Articles
14 and 22(1) also make it obligatory for the State to ensure equality before law
and a legal system which promotes justice on a basis of equal opportunity to al
l. Legal aid strives to ensure that constitutional pledge is fulfilled in its le
tter and spirit and equal justice is made available to the poor, downtrodden and
weaker sections of the society.
The earliest Legal Aid movement appears to be of the year 1851 when some enactme
nt was introduced in France for providing legal assistance to the indigent. In B
ritain, the history of the organised efforts on the part of the State to provide
legal services to the poor and needy dates back to 1944, when Lord Chancellor,
Viscount Simon appointed Rushcliffe Committee to enquire about the facilities ex
isting in England and Wales for giving legal advice to the poor and to make reco
mmendations as appear to be desirable for ensuring that persons in need of legal
advice are provided the same by the State. Since 1952, the Govt. of India also
started addressing to the question of legal aid for the poor in various conferen
ces of Law Ministers and Law Commissions. In 1960, some guidelines were drawn by
the Govt. for legal aid schemes. In different states legal aid schemes were flo
ated through Legal Aid Boards, Societies and Law Departments.

In 1980, a Committee at the national level was constituted to oversee and superv
ise legal aid programmes throughout the country under the Chairmanship of Hon. M
r. Justice P.N. Bhagwati then a Judge of the Supreme Court of India. This Commit
tee came to be known as CILAS (Committee for Implementing Legal Aid Schemes) and
started monitoring legal aid activities throughout the country. The introductio
n of Lok Adalats added a new chapter to the justice dispensation system of this
country and succeeded in providing a supplementary forum to the litigants for co
nciliatory settlement of their disputes. In 1987 Legal Services Authorities Act
was enacted to give a statutory base to legal aid programmes throughout the coun
try on a uniform pattern. This Act was finally enforced on 9th of November, 1995
after certain amendments were introduced therein by the Amendment Act of 1994.
Hon. Mr. Justice R.N. Mishra the then Chief Justice of India played a key role i
n the enforcement of the Act.
National Legal Services Authority was constituted on 5th December, 1995. His Lor
dship Hon. Dr. Justice A.S. Anand, Judge, Supreme Court of India took over as th
e Executive Chairman of National Legal Services Authority on 17the July, 1997. S
oon after assuming the office, His Lordship initiated steps for making the Natio
nal Legal Services Authority functional. The first Member Secretary of the autho
rity joined in December, 1997 and by January, 1998 the other officers and staff
were also appointed. By February, 1998 the office of National Legal Services Aut
hority became properly functional for the first time.
In October, 1998, His Lordship Hon. Dr. Justice A.S. Anand assumed the Office of
the Chief Justice of India and thus became the Patron-in-Chief of National Lega
l Services Authority. His Lordship Hon. Mr. Justice S.P. Bharucha, the senior-mo
st Judge of the Supreme Court of India assumed the office of the Executive Chair
man, National Legal Services Authority.
Section 12 of the Legal Services Authorities Act, 1987 prescribes the criteria f
or giving legal services to the eligible persons. Section 12 of the Act reads as
under:"12.Every person who has to file or defend a case shall be entitled to legal ser
vices under this Act if that person is
(a) a member of a Scheduled Caste or Scheduled Tribe;
(b) a victim of trafficking in human beings or begar as referred to in Article 2
3 of the Constitution;
(c) a woman or a child;
(d) a mentally ill or otherwise disabled person;
(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 in
dustrial disaster; or
(f) an industrial workman; or
(g) in custody, including custody in a protective home within the meaning of cla
use (g) of section 2 of the Immoral Traffic (Prevention) Act, 1956 (104 of 1956)
; or 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 psychiat
ric hospital or psychiatric nursing home within the meaning of clause (g) of sec
tion 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 hig
her amount as may be prescribed by the State Govt., if the case is before a cour
t other than the Supreme Court, and less than rupees twelve thousand or such oth
er higher amount as may be prescribed by the Central Govt., if the case is befor
e the Supreme Court."
(Rules have already been amended to enhance this income ceiling).
According to section 2(1) (a) of the Act, legal aid can be provided to a person
for a 'case' which includes a suit or any proceeding before a court. Section 2(1
) (aaa) defines the 'court' as a civil, criminal or revenue court and includes a
ny tribunal or any other authority constituted under any law for the time being

in force, to exercise judicial or quasi-judicial functions. As per section 2(1)(

c) 'legal service' includes the rendering of any service in the conduct of any c
ase or other legal proceeding before any court or other authority or tribunal an
d the giving of advice on any legal matter.
Legal Services Authorities after examining the eligibility criteria of an applic
ant and the existence of a prima facie case in his favour provide him counsel at
State expense, pay the required Court Fee in the matter and bear all incidental
expenses in connection with the case. The person to whom legal aid is provided
is not called upon to spend anything on the litigation once it is supported by a
Legal Services Authority.
A nationwide network has been envisaged under the Act for providing legal aid an
d assistance. National Legal Services Authority is the apex body constituted to
lay down policies and principles for making legal services available under the p
rovisions of the Act and to frame most effective and economical schemes for lega
l services. It also disburses funds and grants to State Legal Services Authoriti
es and NGOs for implementing legal aid schemes and programmes.
In every State a State Legal Services Authority is constituted to give effect to
the policies and directions of the Central Authority (NALSA) and to give legal
services to the people and conduct Lok Adalats in the State. State Legal Service
s Authority is headed by the Chief Justice of the State High Court who is its Pa
tron-in-Chief. A serving or retired Judge of the High Court is nominated as its
Executive Chairman.
District Legal Services Authority is constituted in every District to implement
Legal Aid Programmes and Schemes in the District. The District Judge of the Dist
rict is its ex-officio Chairman.
Taluk Legal Services Committees are also constituted for each of the Taluk or Ma
ndal or for group of Taluk or Mandals to coordinate the activities of legal serv
ices in the Taluk and to organise Lok Adalats. Every Taluk Legal Services Commit
tee is headed by a senior Civil Judge operating within the jurisdiction of the C
ommittee who is its ex-officio Chairman.
After the constitution of the Central Authority and the establishment of NALSA o
ffice towards the beginning of 1998, following schemes and measures have been en
visaged and implemented by the Central Authority:(a) Establishing Permanent and Continuous Lok Adalats in all the Districts in th
e country for disposal of pending matters as well as disputes at pre-litigative
stage;
(b) Establishing separate Permanent & Continuous Lok Adalats for Govt. Departmen
ts, Statutory Authorities and Public Sector Undertakings for disposal of pending
cases as well as disputes at pre-litigative stage;
(c) Accreditation of NGOs for Legal Literacy and Legal Awareness campaign;
(d) Appointment of "Legal Aid Counsel" in all the Courts of Magistrates in the c
ountry;
(e) Disposal of cases through Lok Adalats on old pattern;
(f) Publicity to Legal Aid Schemes and programmes to make people aware about leg
al aid facilities;
(g) Emphasis on competent and quality legal services to the aided persons;
(h) Legal aid facilities in jails;
(i) Setting up of Counseling and Conciliation Centers in all the Districts in th
e country;
(j) Sensitisation of Judicial Officers in regard to Legal Services Schemes and p
rogrammes;
(k) Publication of "Nyaya Deep", the official newsletter of NALSA;
(l) Enhancement of Income Ceiling to Rs.1,25,000/- p.a. for legal aid before Sup
reme Court of India and to Rs.1,00,000/- p.a. for legal aid upto High Courts; an

d
(m) Steps for framing rules for refund of court fees and execution of Awards pas
sed by Lok Adalats.
The First Annual Meet of the State Legal Services Authorities was held on 12th o
f September, 1998 at Vigyan Bhawan, New Delhi which was presided over by His Lor
dship Hon. Dr. Justice A.S. Anand, the then Executive Chairman, NALSA. His Lords
hip Hon. Mr. Justice S.B. Majmudar, Judge, Supreme Court of India and Chairman,
Supreme Court Legal Services Committee, the Members of the Central Authority and
the Executive Chairmen and Member Secretaries of the State Legal Services Autho
rities attended this Meet. In this Meet, the progress of on-going schemes which
had been initiated by NALSA was examined and decisions of far reaching implicati
ons were taken with a view to strengthen and streamline legal aid programmes in
the country. The Second Annual Meet of the State Legal Services Authorities was
held at Jubilee Hall, Hyderabad on 9th of October, 1999. This Meet was inaugurat
ed by His Lordship Hon. Dr. Justice A.S. Anand, the Chief Justice of India and P
atron-in-Chief, NALSA. Hon. Mr. Justice S.P. Bharucha, Executive Chairman, NALSA
delivered the keynote address. Other dignitaries present at the inaugural funct
ion included Hon. Mr. Justice S.B. Majmudar, Judge, Supreme Court of India and C
hairman, Supreme Court Legal Services Committee, Hon. Mr. Justice M.S. Liberhan,
Chief Justice of Andhra Pradesh High Court and Members of Central Authority.
In pursuance of the call given by His Lordship Hon. Dr. Justice A.S. Anand, the
Chief Justice of India in the First Annual Meet, 9th of November is being celebr
ated every year by all Legal Services Authorities as "Legal Services Day". NALSA
issues Press Releases in almost all the leading newspapers in the country in En
glish, Hindi and regional languages to convey to the public salient provisions o
f the Legal Services Authorities Act, the important schemes introduced by NALSA
for providing legal aid and the utility of Lok Adalats, so that people should kn
ow about the facilities being provided by Legal Services Authorities throughout
the country. State Legal Services Authorities all over the country organise Lok
Adalats, legal literacy camps and undertake legal awareness campaign to make peo
ple aware of their legal rights.
Permanent and Continuous Lok Adalats are being established in all the Districts
in the country. NALSA has been providing and shall continue to provide funds to
State Legal Services Authorities for the implementation of the Legal Aid Schemes
and Programmes but the infrastructure has to be provided by the State Govts. Se
parate Permanent and Continuous Lok Adalats in Govt. Departments are aimed at am
icably settling pending cases as well as the matters at pre-litigative stage bet
ween Govt. Departments and general public so that the inflow of litigation to re
gular Courts is reduced. In so many Govt. bodies these Lok Adalats have become f
unctional. In Delhi Permanent Lok Adalats have been established in Delhi Vidyut
Board, Delhi Development Authority, Municipal Corpn. Of Delhi, MTNL and General
Insurance Corpn. These Lok Adalats are becoming popular day-by-day and it is exp
ected that very soon a large number of disputes between public and statutory aut
horities would start getting settled at pre-litigative stage itself saving the p
arties from unnecessary expense and litigational inconvenience. In other States
also State Legal Services Authorities have initiated steps to pursuade the State
Govts. and statutory bodies, etc. to set up separate Permanent Lok Adalats for
amicable settlement of their legal disputes.
"Legal Aid Counsel" Scheme which was conceived and introduced by His Lordship Ho
n. Dr. Justice A.S. Anand when His Lordship was the Executive Chairman, NALSA ha
s been well received all over country. Legal Aid Counsel have been provided in m
ost of the courts of the Magistrates in the country to provide immediate legal a
ssistance to those prisoners who are not in a position to engage their own couns
el.
Hon. Mr. Justice S.P. Bharucha, Executive Chairman, NALSA in the course of worki

ng session of the Second Annual Meet of the State Legal Services Authorities hel
d at Hyderabad, had emphasised that Counselling and Conciliation Centers should
be established in all the Districts in the country to bring about negotiated set
tlement of disputes between the parties. All the State Legal Services Authoritie
s are taking steps to establish these Centers which would prove immensely useful
for settling legal disputes at pre-litigative stage and would also help legal s
ervices functionaries to find out as to whether a person approaching them for le
gal aid has or not a prima facie case in his favour which is a pre-requisite for
grant of legal aid. Hon. Executive Chairman has repeatedly emphasised that lega
l aid must not be given as a matter of routine and frivolous cases should not be
supported by legal aid authorities.
Hon. Mr. Justice S.P. Bharucha, Executive Chairman, NALSA while writing in 'Nyay
a Deep' and in the course of his keynote address in the meeting of the Member Se
cretaries held in NALSA office on 19.2.2000 emphasised the need for improving th
e quality of legal aid that is being given by legal aid advocates. His Lordship
observed that teeming millions of this country who live below poverty line in tr
ibal, backward and far flung areas look to Legal Services Authorities for help a
nd support in resolving their legal problems. When involved in litigation they v
ery often feel that they are fighting an unequal battle in which the party that
has better financial resources can secure more able legal assistance. His Lordsh
ip is of the view that these poor and weaker sections must not remain under the
impression that they are getting comparatively inferior legal assistance. His Lo
rdship has called upon legal services authorities to revise the payment schedule
for legal aid panel advocates and also compress the panels so that panel advoca
tes get more work and better remuneration from legal services authorities and th
us get encouraged to render effective legal assistance to aided persons.
His Lordship Hon. Mr. Justice B.N.Kirpal, Judge, Supreme Court of India and Chai
rman, Supreme Court Legal Services Committee has a very long association with le
gal aid movement. Under the guidance and control of His Lordship, Supreme Court
Legal Services Committee is providing legal aid to eligible persons in a very ef
fective and meaningful way. Up to 31.12.99 Supreme Court Legal Services Committe
e has provided legal aid and assistance to 10,125 applicants.
'Nyaya Deep', the official newsletter of NALSA is promoting a healthy working re
lationship between legal services functionaries throughout the country and is pr
oving immensely useful for exchange of views and sharing of ideas. Statistical i
nformation in regard to legal aid schemes and programmes is also included in thi
s newsletter which is printed on quarterly basis. The editorials written by Hon.
Mr. Justice R.C. Lahoti reflect the soul of 'Nyaya Deep' and measure the depth
of the material included therein. These provide a window to the reader who in on
e glance through it can appreciate the content and purpose of the articles.
NALSA is laying great deal of emphasis on legal literacy and legal awareness cam
paign. Almost all the State Legal Services Authorities are identifying suitable
and trustworthy NGOs through whom legal literacy campaign may be taken to tribal
, backward and far-flung areas in the country. The effort is to publicise legal
aid schemes so that the target group, for whom Legal Services Authorities Act ha
s provided for free legal aid, may come to know about the same and approach the
concerned legal services functionaries.
NALSA has also called upon State Legal Services Authorities to set up legal aid
cells in jails so that the prisoners lodged therein are provided prompt and effi
cient legal aid to which they are entitled by virtue of section 12 of Legal Serv
ices Authorities Act, 1987. Hon. The Chief Justice of India His Lordship Hon. Dr
. Justice A.S. Anand, while delivering the inaugural address at the Second Annua
l meet of the State Legal Services Authorities at Hyderabad, had pointed out tha
t a very large number of undertrial prisoners lodged in jails are involved in pe
tty criminal offences. His Lordship expressed his deep anguish and stated that t

hese poor and under privileged prisoners are languishing in jails for fairly lon
g period in spite of the fact that they are willing to plead guilty and the ulti
mate sentences which are likely to be passed against them will be far less than
the period they are incarcerated as undertrial prisoners. His Lordship suggested
that the CJMs/CMMs of the areas in which the District Jails are situated should
hold their courts in jails once or twice in a month for disposing of the cases
of such undertrial prisoners. In many States, the suggestion has already been im
plemented and the prisoners involved in petty and minor offences are getting sub
stantial relief. A copy of news item reported in the Hindu daily is attached.
Sensitization of Judicial Officers in regard to legal aid schemes and programmes
is also high on our agenda. His Lordship Hon. Mr. Justice S.P. Bharucha, Execut
ive Chairman, NALSA while writing from the Desk of the Executive Chairman in Jan
.,99 Issue of 'Nyaya Deep' had observed that not all judicial officers in the co
untry are duly sensitized to Legal Services Schemes and programmes and as such a
re unable to guide poor litigants in this regard. His Lordship observed that Leg
al Services Authorities must ensure that Judicial officers are duly sensitized a
bout the work NALSA is doing and its importance for the poor and illiterate.
In the last Chief Justices' Conference held at New Delhi, a resolution was passe
d to say that in the service records of the Judicial officers, their interest in
legal aid programmes should be reflected and all the High Courts should take st
eps for sensitizing the Judicial officers in regard to legal aid programmes and
schemes. Once all the judicial officers in the country get properly sensitized i
n regard to the relevance and importance of legal aid schemes they shall themsel
ves start caring for the poor, backward and weaker sections of the society who a
re not in a position to engage their own counsel and look after their legal caus
es.
His Lordship Hon. Mr. Justice S.P. Bharucha, Executive Chairman, NALSA has repea
tedly called upon State Legal Services Authorities to continue to hold Lok Adala
ts on old pattern so that the pace of the disposal of cases through Lok Adalats
is not inhibited. Permanent and Continuous Lok Adalats are primarily aimed at se
ttling disputes at pre-litigative stage and more contentious pending matters in
District courts in which the parties can be motivated only by repeated sitting t
o arrive at settlement. Counselling and Conciliation Centers at Districts and Pe
rmanent Lok Adalats in Districts can be under same roof and can effectively func
tion in unison. Most significant contribution by Legal Services Authorities to t
he administration of justice would be to settle legal disputes through Lok Adala
ts at pre-litigative stage so that the inflow of cases in our already over-burde
ned courts is reduced to the extent possible.
Most of the offices of the State Legal Services Authorities are now equipped wit
h FAX machines, computers and E-mail facilities. These modern gadgets shall sure
ly help legal services functionaries to act swiftly to provide legal aid and ass
istance to the eligible persons in a meaningful manner.
.During the Chairmanship of the then Hon ble Executive Chairman, Mr. Justice Altam
as Kabir, the following innovative steps have been introduced in the functioning
of NALSA:A National Plan of Action to be executed by all State Legal Services Authorities
and Calendar for activities was put in place.
NALSA Regulations on Lok Adalat were published in the Gazette.
NALSA Regulations on Free and Competent Legal Services were published in the Ga
zette of India.
Legal Services to Trans-Gender people was taken up as a new project of NALSA
Training of Para-Legal Volunteers and engaging them in the front offices of Lega
l Services Institutions and in the village level legal aid clinics were starte

d.
Legal Literacy Programmes in schools and colleges started in an organised manner
with the assistance of the Department of Education in all States.
School Legal Literacy Clubs set up in all High Schools under the State Legal Ser
vices Authorities in order to create legal awareness, obedience to law and sprea
d the philosophy of rule of law amongst the younger generation.
Legal Aid Clinics in all villages to be manned by Para-legal Volunteers and pane
l lawyers.
Retainer lawyers are engaged at Taluk, District, High Court and Supreme Court le
vel for handling legal aided cases.
NALSA is very sure that under the kind patronage and guidance of Hon. The Chief
Justice of India and Hon. Executive Chairman, a vibrant nationwide network of Le
gal Services Authorities shall be made available to the people to provide free a
nd competent legal services to the eligible persons. NALSA is keen to develop an
d promote a culture of conciliation instead of litigation in the country so that
the citizens of this country prefer to resolve their disputes and differences a
cross the table in a spirit of goodwill and brotherhood. NALSA also wishes to en
sure that even the weakest amongst the weak in the country does not suffer injus
tice arising out of any abrasive action on the part of State or private person
-------------------------------------------------------------------------------------------------------------------------------Services Provided
TYPES OF LEGAL SERVICES PROVIDED
Free Legal Services provided by NALSA/State Authority/District Authority:
Payment of court fee, process fees and all other charges payable or incurred in
connection with any legal proceedings;
Providing Advocate in a legal proceedings;
Obtaining and supply of certified copies of orders and other documents in legal
proceedings.
Preparation of appeal, paper book including printing and translation of document
s in legal proceedings.
Eligible persons for getting free legal services
Women and children;
Members of SC/ST
Industrial workmen
Victims of mass disaster, violence, flood, drought, earthquake, industrial disas
ter.
Disabled persons.
Person in custody
Persons whose annual income does not exceed Rs. 1,00,000/Free Legal Services can be availed from:
Supreme Court Legal Services Committee,109, Lawyers Chambers, Supreme Court of I
ndia, New Delhi for Supreme Court Cases.
State Legal Services Authority
High Court Legal Services Committee situated at High Court Complex in every High
Court for High Court cases.
District Legal Services Authority situated in the District Courts Complex in eve
ry District.
LOK ADALAT
Lok Adalat is a forum where the disputes/cases pending in the court of law or at
pre-litigation stage are settled/compromised amicably. The Lok Adalat has been
given statutory status under the Legal Services Authorities Act, 1987. Under t
he said Act, the award made by the Lok Adalats is deemed to be the decree of a c
ivil court and is final and binding on all parties and no appeal lies before any
court against its award.
NATURE OF CASES TO BE REFERRED TO LOK ADALAT

Any case pending before any court

Any dispute which has not been brought before any court and is likely to be file
d before the court
Provided that any matter relating to an offence not compoundable under the law s
hall not be settled in Lok Adalat.
HOW TO GET THE CASE REFERRED TO THE LOK ADALAT FOR SETTLEMENT
A) Case pending before the court:
If the parties agree to settle the dispute in Lok Adalat or
One of the parties makes an application to the court or
The court is satisfied that that the matter is an appropriate one for settlement
in Lok Adalat
B) Any dispute at pre-litigative stage
The State Legal Services Authority or District Legal Services Authority as the c
ase may be on receipt of an application from any one of the parties to any pre-l
itigation stage matter refer such matter to the Lok Adalat for amicable settlem
ent
--------------------------------------------------------------------------------------------------------------------------------Schemes
1. NALSA (Victims of Trafficking and Commercial Sexual Exploitation) Scheme, 201
5
BACKGROUND
Under Section 4 (b) of the Legal Services Authorities Act, 1987, the "Central Au
thority", i.e. the National Legal Services Authority, has been obligated to "fra
me the most effective and economical schemes for the purpose of making legal ser
vices available under the provisions" of the Act. The Preamble of the Legal Serv
ices Authorities Act, 1987, underscores that the legal services authorities are
concerned with the weaker sections of the society and imposes a duty on them to
ensure that opportunities for securing justice are not denied to any citizen by
reason of economic or other disabilities.
There can be no doubt that victims of commercial sexual exploitation, whether tr
afficked or voluntary sex workers are by far a highly marginalised group. Their
rights are forgotten; their conditions of life and living are not anybody's conc
ern; what happens to them and their children interest no-one. Yet they are all e
ntitled to benefits of the various schemes of the government by the mere fact of
who they are. By their much marginalised existence they are entitled to all ben
efits that accrue to them as are available to other marginalised sections of the
society.
Victims of trafficking for commercial sexual exploitation face a great deal of t
rauma not just following such trafficking but also after their rescue. They need
to be protected against the traffickers who would want them to come back or not
pursue their case. There are also livelihood issues and if a viable alternative
is not given, chances of being re-trafficked are high.
In the case filed by PRAJWALA, being Writ Petition (C) No.56 of 2004 the NALSA h
as given a report in the Supreme Court to take the following actions in respect
of victims of trafficking for commercial Sexual Exploitation and sex workers:
'The role of the legal services authorities as set out in the preliminary report
is reiterated as Follow:
(a) Provide legal assistance to the victims of trafficking and sexual exploitati
on at the time of rescue and thereafter during trail.
(b) Facilitate the accessing of the District Legal Services Authorities(DLSAs) f
or award of victim compensation under Section 357A Cr.P.0

(c) To monitor and act as social auditors of the existing (facilities available
for rehablitation of rescued victims of sexual exploitation and trafficking.
(d) DLSAs can spread awareness in the community through the panel lawyers and pr
a-lagal volanteers about the Issues of trafficking particularly in vulnerable ar
eas and among vulnerable groups.
(d) The DLSAs can act as converging nodes to ensure that the government schemes
meant for the marginalized actually reach them as such access to the government
support does have a positive impact In preventing trafficking and falling prey t
o traffickers.
(t) Initiate steps to sensitize the corporate world to support rehabilitation me
asures for trafficked victims Including ski building and employment under the he
ad of CSR.
(g) SLSAs can also assist in the training and sensitization of stakeholders like
police, lawyers Including legal services lawyers. prosecutors. government serva
nts and judiciary.
---------------------------------------------------2. NALSA (Legal Services to the Workers in the Unorganized Sector) Scheme, 2015
1. Background
1.1 One of the major characteristics of the Indian economy is the contribution o
f a vast majority of labour employed in the unorganised sector. The economic sur
vey of India (2007-2008) and National Sample Survey unorganized sector (2009-201
0) have estimated the employment in this sector at about 93-94% of the total wor
kforce. Its contribution to the GDP is estimated to be more than 50%.
1.2 Majority of unorganised workers (about 52 per cent) are employed in agricult
ure. Other major categories include construction workers, workers in small enter
prises, workers employed through contractors even in large enterprises, artisans
/craftsman, home based workers, workers depending upon forest produce, fisheries
, self-employed workers like rickshaw pullers, auto drivers, coolies etc.
The distinguishing feature of the unorganised sector is non-applicability of mos
t of the labour laws and other regulations providing for decent working conditio
ns, job security and social security to the workers. The unorganised workers lac
k collective bargaining power and are therefore susceptible to excessive exploit
ation. They work under poor working conditions and receive far lower wages/remun
eration as compared to the organised sector, even for comparable jobs. Most of t
he employment in this sector is seasonal and the workers therefore have no job g
uarantee.
This also leads to large scale migration of workers from one place to another le
ading to un-stability of work and residence which further often leads to discont
inuity of the education of their children. In cities, they live in slums without
proper housing and sanitation. Health care and maternity benefits which are sta
tutorily available in the organised sector are not available for them. The legis
lations providing for social securities for old-age, health-care and assistance
in the event of death, marriage and accidents etc., like the Workmen's Compensat
ion Act, 1923; Employees State Insurance Act, 1948; Maternity Benefits Act, 1961
; Industrial Disputes Act, 1974; Payment of Gratuity Act, 1972; Employee Provide
nt Fund and Miscellaneous Provisions Act, 1952 etc., do not apply to them. The c
ombined effect of the above factors is that many of them are generally, forced t
o lead an undignified and servile life.
Objectives
1. To institutionalize essential legal services to all unorganized workers.
2. To get the gaps in legislation/implementation plugged through coordination wi
th government authorities and by initiating public interest litigation.
3. To mobilize the machinery of the State Government and the District Administra
tion to identify and register all unorganized workers in all categories and to e

xtend the benefits of all government schemes, as applicable to them.

4. To spread awareness among the employers regarding the statutory provisions an
d the need for providing decent working conditions, living wages and social secu
rity to the workers.
5. To disseminate information among the workers regarding their entitlements und
er the existing legislations and schemes.
6. To provide counselling and assistance to all categories of unorganized worker
s for their registration with the concerned authorities under the schemes availa
ble for their category.
7. To assist the workers in availing the benefits of the scheme for which they a
re registered as per their need/entitlements.
5. Guiding Principles
The following principles shall be borne in mind by all Legal Service Institution
s while implementing the scheme for the unorganized workers:-5.1 The Preamble of
the Constitution of India assures equality of status and opportunity to all cit
izens and to promote among them fraternity, assuring the dignity of the individu
al. Article 42, mandates that the State shall make provision for securing just a
nd humane conditions of work and for maternity relief. By virtue of Article 43,
the State is obliged to secure to all workers, work, a living wage, condition o
f work ensuring a decent standard of life and full enjoyment of leisure, social
and cultural opportunities. 5.2 The Preambular promise of upholding the dignity
of the individual cannot be fulfilled unless the dignity of labour is ensured. 5
.3 The unorganized sector is one of the marginalized sections of the society and
they, as citizen of the country, are equally entitled to the right to work, jus
t and humane conditions of work, living wages, maternity relief and a decent sta
ndard of life. It is the statutory mandate of the Legal Services Authorities to
facilitate realization of this Constitutional assurance. The Legal Services Auth
orities have to act as watchdogs against administrative inaction.
The welfare measures initiated by the Government in the form of legislations or
schemes etc. require the intended beneficiaries or the victims to mobilize the s
ystem for realization of their rights/entitlements. The workers in the unorganiz
ed sector belonging as they do, to the deprived and vulnerable sections of the s
ociety do not possess the capacity to mobilize the system. It is the job of the
Legal Services Authorities to provide them support in getting justice to their d
oorsteps. 5.5 The large number of categories of the unorganized workers large pop
ulation in each category and their vast geographical spread necessitates a proje
ct-approach to the issue of providing legal services to them. An institutionaliz
ed setup, committed work force and sustained efforts for a considerable period o
f time are required to be able to make them capable of realizing their constitut
ional rights.
---------------------------------------------3. NALSA (Legal Services to the Mentally Ill and Mentally Disabled Persons) Sche
me, 2015
BACKGROUND
Persons with disabilities, especially those suffering from mental illness and ot
her barriers like mental retardation are usually not those who catch the attenti
on of the authorities that be. They are sidelined and are viewed only from the p
rism of the paternalistic "social welfare" which looks upon them merely as perso
ns who are in need of special protection by the State and the society. India is
a signatory to the UN Convention on the Rights of Persons with Disabilities (CRP
D) 2008 and since our country has ratified the Convention, it is obligatory for
our legal system to ensure that human rights and fundamental freedoms of persons
with disability (including mentally ill persons and persons with mental disabil
ities) are enjoyed on equal basis with others and to ensure that they get equal
recognition before the law and equal protection of the law. The Convention furth

er requires us to ensure effective access to justice for persons with disabiliti

es on an equal basis with others.
Under Section 12 of the Legal Services Authorities Act, 1987, persons who are di
sabled as defined in clause (i) of Section 2 of the Persons With Disabilities (E
qual Opportunities, Protection of Rights and Full Participation) Act,1995 and th
ose in a psychiatric hospital or in a psychiatric nursing home within the meanin
g of clause (q) of Section 2 of the Mental Health Act,1987 are entitled to legal
services.
Hence NALSA had drawn up a scheme to provide effective legal services to the men
tally ill and mentally disabled, in 2010, in terms of its mandate under S.4 (b)
of the Legal Services Authorities Act, 1987. Though the Scheme was first launche
d in 2010, from the reports received from all the States on its implementation,
it appears that there is a need to review the scheme to strengthen the services
rendered by the State Legal Services Authorities/Legal Services Institutions to
these marginalised people to enable them to access justice. There is imperative
need for a proactive outreach to these people. So far, the SLSAs/DLSAs seem to b
e concerned only with matters reaching them. Even then, there remains much to be
done in court related activities.
It is in this background, that this new Scheme for Legal Services to the Mentall
y Ill and Mentally Disabled persons has been drawn up as "NALSA (Legal Services
to the Mentally III and Mentally Disabled Persons) Scheme, 2015".
OBJECTIVES
This Scheme includes fresh guidelines to the Legal Services Institutions (State
Legal Services Authorities, District Legal Services Authorities, Taluk Legal Ser
vices Committees, High Court Legal Services Committees, Supreme Court Legal Serv
ices Committee) to be followed while they render legal services to the mentally
ill and persons with mental disabilities. The objective is to ensure that the me
ntally ill or mentally disabled are not stigmatized and they are dealt with as i
ndividuals who are to be helped to enforce all rights they are entitled to and a
s assured to them by law. The terms PLVs, Legal Services Clinics, Front Office
, Panel Lawyers and Retainer Lawyers will mean the same as defined under the Nat
ional Legal Services Authority (Free and Competent Legal Services) Regulations,
2010 and National Legal Services Authority (Legal Services Clinics) Regulations,
2011 and the NALSA Scheme for Para Legal Volunteers (Revised) and Module for th
e Orientation
Induction Refresher Courses for PLV Training.
---------------------------------------4.NALSA (Effective Implementation of Poverty Alleviation Schemes) Scheme, 2015
1) Background
Under Section 4 (l) of the Legal Services Authorities Act, 1987, the National Le
gal Services Authority envisaged as the Central Authority under the Act, is obli
gated to "take appropriate measures for spreading legal literacy and legal aware
ness amongst the people and, in particular, to educate weaker sections of the so
ciety about the rights, benefits and privileges guaranteed by social welfare leg
islations and other enactments as well as administrative programmes and measures
". The Preamble of the Legal Services Authorities Act, 1987, underscores that th
e legal services authorities are concerned with the weaker sections of the socie
ty and imposes a duty on them to ensure that opportunities for securing justice
are not denied to any citizen by reason of economic or other disabilities.
Very often intended beneficiaries of poverty alleviation and social security mea
sures are unable to access the benefits due to severe lack of capabilities, soci
al structures, economic marginalisation and exploitation, social values, cultura
l norms, discrimination etc. In this context, the role of legal services authori
ties must be a proactive one where measures designed to alleviate poverty must b
e brought to the attention of the intended beneficiaries. Further, legal service

s authorities are very well suited to facilitating access to such poverty allevi
ation measures due to their last mile presence. Therefore this scheme lays down
a mechanism for identification of poverty alleviation and social security measur
es, a framework for facilitating access to such measures by intended beneficiari
es and a model for effective review of these processes. In designing this scheme
, the concern that there could be local variations and requirements have been pa
rticularly considered and sufficient flexibility has been built in for local leg
al aid authorities to adapt this national scheme according to their needs.
This scheme is built on the foundation that poverty is a multi-dimensional exper
ience and is not limited to issues of income. Multi-dimensional poverty include
issues like health (including mental health), housing, nutrition, employment, pe
nsion, maternal care, child mortality, access to water, education, sanitation, s
ubsidies and basic services, social exclusion, discrimination etc. Further, in i
dentifying the specific schemes for implementation at the state and district lev
el, legal services authorities are expected to be cognisant of the fact various
vulnerable and marginalised groups experience poverty in myriad and unique ways.
Objectives of the Scheme
The main objectives of the Scheme are as follows:
1) To ensure access to basic rights and benefits afforded to socially or economi
cally weaker sections of society; 2) To strengthen legal aid and support service
s at the national, state, district and taluka levels for persons belonging to so
cially or economically weaker sections in accessing Poverty Alleviation Schemes;
3) To spread awareness about the Poverty Alleviation Schemes through the members
of the District Authority, Taluka Legal Services Authority, panel of lawyers, s
ocial workers, para-legal volunteers, and students in legal aid clinics;
4) To create a database of all the existing central or state schemes, policies,
regulations, policy directives, conventions, rules, and reports available concer
ning Poverty Alleviation Schemes along with the latest funding information on th
ese schemes;
5) To undertake and organise training and orientation programs, for panel lawyer
s, para-legal volunteers, officers under Poverty Alleviation Schemes, student vo
lunteers in legal aid clinics for their skill enhancement and for developing a s
ense of deeper engagement amongst them for implementing this Scheme; and
6) To develop effective coordination and interface with all government bodies or
functionaries, institutions, authorities, NGOs and other organisations concerni
ng or entrusted with the responsibilities relating to welfare of socially/ econo
mically weaker sections of the society.
5. NALSA (Protection and Enforcement of Tribal Rights) Scheme, 2015
BACKGROUND
Although the Census of 2011 enumerates the total population of Scheduled Tribes
at 10,42,81,034 persons, constituting 8.6 per cent of the population of the coun
try, the tribal communities in India are enormously diverse and heterogeneous. T
here are wide ranging diversities among them in respect of languages spoken, siz
e of population and mode of livelihood. As per the Census of India 2011, the num
ber of individual groups notified as Scheduled Tribes is 705. The North Eastern
States are not a homogeneous block, because of the diversities amongst themselve
s. There are about 220 ethnic groups with equal number of language and dialects.
These groups can be broadly categorised into three main groups of Tibeto-Burman
, Mon-Khmer and Indo-European.
Certain tribes have been characterised as Particularly Vulnerable Tribal Groups
(PVTGs) (earlier known as Primitive Tribal Groups) on the basis of their greater
'vulnerability' even among the tribal groups.PVTGs, currently include 75 tribal

groups, who have been identified as such on the basis of the following criteria
:
1) forest-dependent livelihoods,
2) pre-agricultural level of existence,
3) stagnant or declining population,
4) low literacy rates and
5) a subsistence-based economy.
As per the 2001 census, these 75 PVTGs had a total population of 27,68,322. The
majority of the PVTG population lives in the six States of Maharashtra, Madhya P
radesh, Chhattisgarh, Jharkhand, Odisha, Andhra Pradesh and Tamil Nadu.The PVTGs
among the tribes need special attention due to their vulnerability. Up till ind
ependence the tribal population lived in comparative isolation from the national
scene and lived almost a self-sufficient life in the remote and rugged forested
tracts. The interactions of the colonial administrative machinery with the trib
es in India were largely of authoritarian and exploitative nature. They were la
rgely interested to let them remain isolated and had no intention to integrate t
hem with mainstream of national life.
After independence, the India Constitution adopted many provisions to provide tr
ibal peoplewith special status and Parliament through various protective legisla
tions made conscious efforts to safe guard their interest. Planning Commission o
f India through its development initiative adopted Tribal SUB Plan (TSP) approac
h and under Panchayati Raj Institutions the Provisions of the Panchayats (Extens
ion to Scheduled Areas)Act 1996 (PESA) was legislated. Despite all these efforts
made to improve the socio-economic conditions of tribes it is still a fact that
the life situations of Scheduled Tribes (STs) have improved only marginally.
The Human Development Index (HDI) of the STs is much lower than the rest of the
population. The gap in the literacy rate is high. There are more ST families bel
ow the poverty line than those from other communities. Their percentage in gover
nment jobs is not in proportion to their population despite the provision of res
ervation. Their condition, thus, is far worse than that of the rest of the popul
ation and they have not been able to reach the envisaged level of development, w
here they could benefit from the opportunities offered by a fast expanding econo
my.
It was in this background that the NALSA felt the need to draw up a Scheme for t
he Tribal People. To facilitate this, a Committee was constituted to study the i
ssue and come up with suggestions. The Committee submitted a comprehensive repor
t to the Hon'ble Executive Chairman, NALSA on 9.8.2015 on the occasion of World
Tribal Day. The present Scheme is based on the Report of the Committee. The Sche
me may be called "NALSA (Protection and Enforcement of Tribal Rights) Scheme, 20
15.
OBJECTIVES
The Scheme is aimed at ensuring acces to justice to the tribal people in India.
The access to justice would be facilitated in all its connotations, i.e. access
to rights, benefits, legal aid, other legal services, etc., so that the assuranc
e of the Constitution of justice social, economic and political, is meaningfully
experienced by the tribal population in the country.
Several legal rights are guaranteed to the tribal people under:
The Scheduled Tribes and other Traditional Forest Dwellers
(Recognition of Forest Rights)Act, 2006 (FRA)
The Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989,
The
Right of children to Free and Compulsory Education Act, 2009, The Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlem
entAct, 2013,

Panchayats (Extension to Scheduled Areas) Act 1996

(PESA) and
Fifth and Sixth Schedule of the Constitution of India.
These provisions are not implemented stringently, leading to violation of their
legal rights. Such violations are one of the prime reasons for the marginalizati
on of the tribal people.
This scheme is intended that these legal rights are not violated.
The terms PLVs, Legal Services Clinics, Front Office , Panel Lawyers and Retaine
r Lawyers will mean the same as defined under the National Legal Services Author
ity (Free and Competent Legal Services) Regulations, 2010 and National Legal Ser
vices Authority (Legal Services Clinics) Regulations, 2011 and the NALSA Scheme
for Para Legal Volunteers (Revised) and Module for the Orientation
Induction Refr
esher Courses for PLV Training.
Future Prospect - Latest Direction
With the recent development in provision of legal aid services to the society, t
he Supreme Court has made a direction in the case of Sampurna Behrua Vs. Union o
f India and has directed National Legal Services Authority to put in place Legal
Aid Centres attached to Juvenile Justice Board in the State capital where there
is high pendency.
The following steps shall be initiated and must be strictly compiled with :
(i) The State Legal Services Authority may direct the District Legal Services Au
thority of the Capital District to establish Legal Aid Centre (s) in the Juvenil
e Justice Board (s) working the capital city.
(ii)The aforesaid DLSA may be directed to prepare a list of young panel lawyers
for such Legal Aid Centre. The panel lawyers may be selected from young and com
petent lawyers, preferably women lawyers, who are willing to work the entire da
y in a child-friendly manner in compliance with the spirit and object of the Juv
enile Justice (Care and Protection of Children) Act, 2000 and Juvenile Justice R
ules, 2007. The same set of lawyers may be made available for legal aid in the C
WCs and in the different Homes established under the Act, whenever necessary.
(iii)Arrangements may be made by the DLSA concerned to organise a training camp
for the aforesaid panel lawyers on the juvenile jurisprudence, focusing on the p
hilosophy behind the UN Convention on the Rights of the Child 1989 and the provi
sions in Juvenile Justice (Care and Protection of Children) Act, 2000 with a spe
cial emphasis on the Principles enunciated in Chapter-II, Rule-3 of the Juvenile
Justice (Care and Protection of Children) Rules, 2007 (Central Rules).
(iv)Even if there is no infrastructural facility available in the JJB premises,
the panel lawyers may be directed to attend the JJB proceedings throughout the d
ay on the days when the JJBs sit, depending on the volume of work. The number of
panel lawyers to be deputed on a particular day may be regulated by the DLSA an
d they may be sent to the JJB on turn basis. However, a lawyer entrusted with a
case may be directed to handle it till its disposal.
(v)The list of panel lawyers containing their names, addresses and contact numbe
rs may be communicated to the Principal Magistrates and the Members of the JJBs
and such a list may be exhibited at a prominent place in the JJB (painted on a b
oard or on a flex board) premises.
(vi)A special request may be made to the Principal Magistrates and the Members o
f the JJBs to avail of the services of the panel lawyers and not to leave the ch
ildren in conflict with law to the mercy and exploitation by others.

(vii)The Principal Magistrates and the Members of the JJB may be requested to in
form all children in conflict with law about the availability of free legal aid
and about the list of panel lawyers displayed as above.
(viii)Honorarium at a special rate may be fixed by the State Legal Services Auth
ority for those panel lawyers who attend the JJBs for the entire day.
(ix)The panel lawyers may, for the time being, be permitted to use the existing
infrastructural facilities available in the District Legal Services Authority.
(x)A monthly statistical report on the Legal Aid given to children shall be subm
itted to the State Legal Services Authority who shall include the same in the st
atistics sent to NALSA.
Guidelines for Legal Services in Juvenile Justice Institutions.
1.When a child is produced before Board by Police, Board should call the legal a
id lawyer in front of it, should introduce juvenile / parents to the lawyer , ju
venile and his/her family/parents should be made to understand that it is their
right to have legal aid lawyer and that they need not pay any fees to anyone for
this.
2. JJB should give time to legal aid lawyer to interact with juvenile and his/he
r parents before conducting hearing.
3. Juvenile Justice Board should mention in its order that legal aid lawyer has
been assigned and name and presence of legal aid lawyers should be mentioned in
the order.
4.Board should make sure that a child and his parents are given sufficient time
to be familiar with legal aid counsel and get time to discuss about the case bef
ore hearing is done.
5.Juvenile Justice Board should make sure that not a single juvenile s case goes w
ithout having a legal aid counsel.
6. Juvenile Justice Board should issue a certificate of attendance to legal aid
lawyers at the end of month and should also verify their work done reports.
7. In case of any lapse or misdeed on the part of legal aid lawyers, Board shoul
d intimate the State Legal Services Authority and should take corrective step.
8.Juvenile Justice Board and the legal Aid lawyers should work in a spirit of un
derstanding, solidarity and coordination. It can bring a sea-change.
9.Legal Aid Lawyer should develop good understanding of Juvenile Justice Law and
of juvenile delinquency by reading and participating in workshops/ trainings on
Juvenile Justice.
10. Legal Aid Lawyer should maintain a diary at center in which dates of cases a
re regularly entered.
11. If a legal aid lawyer goes on leave or is not able to attend Board on any gi
ven day, he/she should ensure that cases are attended by fellow legal aid lawyer
in his/her absence and that case is not neglected.
12. Legal Aid lawyer should not take legal aid work as a matter of charity and s
hould deliver the best.
13. Legal Aid Lawyer should raise issues/ concerns/ problems in monthly meeting

with State Legal Services Authority.

14. Legal Aid Lawyer should maintain file of each case and should make daily ent
ry of proceeding.
15. Legal Aid lawyer should not wait for JJB to call him/her for taking up a cas
e. There should be effort to take up cases on his/her own by way of approaching
families who come to JJB.
16. Legal Aid Lawyer should inspire faith and confidence in children/ their fami
lies who cases they take up and should make all possible efforts to get them all
possible help.
17. Legal Aid lawyer should abide by the terms and conditions of empanelment on
legal Aid Panel.
18. Legal Aid lawyer should tender his/her monthly work done report to JJB withi
n one week of each month for verification and should submit it to concerned auth
ority with attendance certificate for processing payments.
19. Legal Aid Lawyer must inform the client about the next date of hearing and s
hould give his/her phone number to the client so that they could make call at th
e time of any need.
Responsibilities
References
Appendices