Lok Sabha Question No. 1228 (UNSTARRED), answered on 2016-11-23
Subject: Free Legal Aid
Ministry: LAW AND JUSTICE
Asked by: FEROZE VARUN GANDHI, MOHANBHAI KALYANJIBHAI KUNDARIYA

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE

## DEPARTMENT OF JUSTICE

******

## LOK SABHA

UNSTARRED QUESTION NO. 1228

TO BE ANSWERED ON WEDNSDAY, THE 23 rd NOVEMBER, 2016

## Free Legal Aid

## 1228. SHRI FEROZE VARUN GANDHI: SHRI KUNDARIYA MOHAN BHAI KALYANJI BHAI:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether the Union Government has taken cognizance of a report titled "The State of the Indian Judiciary" released this year that has found that only three percent of litigants opt for free legal aid;
- (b)if so, the details and the reasons therefor;
- (c) the steps taken by the Government to remedy the situation;
- (d)the details of litigants availing legal aid services, State and court-wise; and
- (e) if not, the reasons therefor of not taking cognizance of the report?

## ANSWER

## MINISTER OF STATE  FOR LAW AND JUSTICE (SHRI P.P.CHAUDHARY)

(a) & (b) Yes Ma'am.  According to the report, only 2.36 percent of all litigants were  seen  to  be  using  court  appointed  lawyers.    This  conclusion  has  been reached after interviewing only 9329 litigants.  However, all litigants eligible for free legal aid services under the Legal Services Authorities Act, 1987 have a  choice  to  apply  for  free  legal  aid  or  to  appoint  their  own  lawyer.  As  per information available with National Legal Services Authority (NALSA) more than 3 lakh persons were provided free legal services during the year 2015-16. Total number of persons who benefitted from legal services and advice since the coming into force of the Act is about 1.82 crore.

(c)  to  (e)  Legal  Services  Authorities  Act,  1987  has  set  up  legal  services institutions at all levels i.e.   National, State, District and Taluk for providing legal  services.  Section  12  of  the  Act  mandates  free  legal  services which includes  providing  advocate  and  preparation  of  paper  book,  etc to  eligible persons.

National  Legal  Services  Authority  has  framed  the  National  Legal Services Authority (Free and Competent Legal Services) Regulations, 2010 to ensure quality legal services and to monitor the progress of the free legal aided cases filed in the courts.  Each legal services institution except at the National and State level has enlisted 'panel lawyers' and 'retainer lawyers' for providing legal services to the eligible applicants.

The  following  other  steps  have  been  taken by  the  National  Legal  Services Authority to ensure that the said free legal aid is made available to the eligible people in the country;

- i. Front  offices  have  been  opened  and  are  manned  by  the  panel advocates in the legal services institutions all over the country for assistance of the needy persons.
- ii. Legal Services Clinics have been established in schools/colleges/universities, villages, community  centres,  jails, courts etc., usually manned by panel lawyers, para-legal volunteers.
- iii. Most  of  SLSAs  have  appointed  remand  advocates  in  court  to represent all the persons produced in custody who do not have their own lawyer at the time of remand.

A statement containing information on the number of persons provided free legal services state-wise  during financial year  2015-16  is attached (Annexure  A).  Another statement  containing  information  on  the  different categories  of  persons,  state-wise,  who  have  benefitted  through  legal  services and  advice  since  inception  of  the  Legal  Services  Authorities  Act,  1987  is attached (Annexure B).

****

| Annexure-A                                                                                                                                                                                                                                                                                                                                                                                                                                        | Annexure-A                                                                                                                                                                                                                                                                                                                                                                                                                                        | Annexure-A                                                                                                                                                                                                                                                                                                                                                                                                                                        |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Statement as referred to in Parts (a) & (b) of the LokSabha Unstarred Qn. No. 1228 for 23.11.2016 raised by Shri Feroze Varun Gandhi and Shri Kundariya Mohan Bhai Kalyanji Bhai regarding free legal aid. . Statement showing the number of persons provided free legal services under the Legal Services Authorities Act, 1987 during the financial year 2015-16. (Based on the information made available by State Legal Services Authorities) | Statement as referred to in Parts (a) & (b) of the LokSabha Unstarred Qn. No. 1228 for 23.11.2016 raised by Shri Feroze Varun Gandhi and Shri Kundariya Mohan Bhai Kalyanji Bhai regarding free legal aid. . Statement showing the number of persons provided free legal services under the Legal Services Authorities Act, 1987 during the financial year 2015-16. (Based on the information made available by State Legal Services Authorities) | Statement as referred to in Parts (a) & (b) of the LokSabha Unstarred Qn. No. 1228 for 23.11.2016 raised by Shri Feroze Varun Gandhi and Shri Kundariya Mohan Bhai Kalyanji Bhai regarding free legal aid. . Statement showing the number of persons provided free legal services under the Legal Services Authorities Act, 1987 during the financial year 2015-16. (Based on the information made available by State Legal Services Authorities) |
| S.No                                                                                                                                                                                                                                                                                                                                                                                                                                              | Name of the State Authority                                                                                                                                                                                                                                                                                                                                                                                                                       | 2015-16                                                                                                                                                                                                                                                                                                                                                                                                                                           |
| 1                                                                                                                                                                                                                                                                                                                                                                                                                                                 | Andhra Pradesh                                                                                                                                                                                                                                                                                                                                                                                                                                    | 3,526                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 2                                                                                                                                                                                                                                                                                                                                                                                                                                                 | Arunachal Pradesh                                                                                                                                                                                                                                                                                                                                                                                                                                 | 228                                                                                                                                                                                                                                                                                                                                                                                                                                               |
| 3                                                                                                                                                                                                                                                                                                                                                                                                                                                 | Assam                                                                                                                                                                                                                                                                                                                                                                                                                                             | 1,083                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 4                                                                                                                                                                                                                                                                                                                                                                                                                                                 | Bihar                                                                                                                                                                                                                                                                                                                                                                                                                                             | 4,257                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 5                                                                                                                                                                                                                                                                                                                                                                                                                                                 | Chhattisgarh                                                                                                                                                                                                                                                                                                                                                                                                                                      | 39,829                                                                                                                                                                                                                                                                                                                                                                                                                                            |
| 6                                                                                                                                                                                                                                                                                                                                                                                                                                                 | Goa                                                                                                                                                                                                                                                                                                                                                                                                                                               | 1,055                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 7                                                                                                                                                                                                                                                                                                                                                                                                                                                 | Gujarat                                                                                                                                                                                                                                                                                                                                                                                                                                           | 12,817                                                                                                                                                                                                                                                                                                                                                                                                                                            |
| 8                                                                                                                                                                                                                                                                                                                                                                                                                                                 | Haryana                                                                                                                                                                                                                                                                                                                                                                                                                                           | 9,641                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 9                                                                                                                                                                                                                                                                                                                                                                                                                                                 | Himachal Pradesh                                                                                                                                                                                                                                                                                                                                                                                                                                  | 1,611                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 10                                                                                                                                                                                                                                                                                                                                                                                                                                                | Jammu & Kashmir                                                                                                                                                                                                                                                                                                                                                                                                                                   | 1,605                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 11                                                                                                                                                                                                                                                                                                                                                                                                                                                | Jharkhand                                                                                                                                                                                                                                                                                                                                                                                                                                         | 4,335                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 12                                                                                                                                                                                                                                                                                                                                                                                                                                                | Karnataka                                                                                                                                                                                                                                                                                                                                                                                                                                         | 3,246                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 13                                                                                                                                                                                                                                                                                                                                                                                                                                                | Kerala                                                                                                                                                                                                                                                                                                                                                                                                                                            | 14,242                                                                                                                                                                                                                                                                                                                                                                                                                                            |
| 14                                                                                                                                                                                                                                                                                                                                                                                                                                                | Madhya Pradesh                                                                                                                                                                                                                                                                                                                                                                                                                                    | 48,711                                                                                                                                                                                                                                                                                                                                                                                                                                            |
| 15                                                                                                                                                                                                                                                                                                                                                                                                                                                | Maharashtra                                                                                                                                                                                                                                                                                                                                                                                                                                       | 7,225                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 16                                                                                                                                                                                                                                                                                                                                                                                                                                                | Manipur                                                                                                                                                                                                                                                                                                                                                                                                                                           | 107                                                                                                                                                                                                                                                                                                                                                                                                                                               |
| 17                                                                                                                                                                                                                                                                                                                                                                                                                                                | Meghalaya                                                                                                                                                                                                                                                                                                                                                                                                                                         | 2,342                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 18                                                                                                                                                                                                                                                                                                                                                                                                                                                | Mizoram                                                                                                                                                                                                                                                                                                                                                                                                                                           | 4,237                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 19                                                                                                                                                                                                                                                                                                                                                                                                                                                | Nagaland                                                                                                                                                                                                                                                                                                                                                                                                                                          | 3,981                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 20                                                                                                                                                                                                                                                                                                                                                                                                                                                | Odisha                                                                                                                                                                                                                                                                                                                                                                                                                                            | 3,270                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 21                                                                                                                                                                                                                                                                                                                                                                                                                                                | Punjab                                                                                                                                                                                                                                                                                                                                                                                                                                            | 12,090                                                                                                                                                                                                                                                                                                                                                                                                                                            |
| 22                                                                                                                                                                                                                                                                                                                                                                                                                                                | Rajasthan                                                                                                                                                                                                                                                                                                                                                                                                                                         | 6,112                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 23                                                                                                                                                                                                                                                                                                                                                                                                                                                | Sikkim                                                                                                                                                                                                                                                                                                                                                                                                                                            | 1,091                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 24                                                                                                                                                                                                                                                                                                                                                                                                                                                | Tamil Nadu                                                                                                                                                                                                                                                                                                                                                                                                                                        | 59,633                                                                                                                                                                                                                                                                                                                                                                                                                                            |
| 25                                                                                                                                                                                                                                                                                                                                                                                                                                                | Telangana                                                                                                                                                                                                                                                                                                                                                                                                                                         | 1,772                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 26                                                                                                                                                                                                                                                                                                                                                                                                                                                | Tripura                                                                                                                                                                                                                                                                                                                                                                                                                                           | 2,180                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 27                                                                                                                                                                                                                                                                                                                                                                                                                                                | Uttar Pradesh                                                                                                                                                                                                                                                                                                                                                                                                                                     | 8,774                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 28                                                                                                                                                                                                                                                                                                                                                                                                                                                | Uttarakhand                                                                                                                                                                                                                                                                                                                                                                                                                                       | 1,112                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 29                                                                                                                                                                                                                                                                                                                                                                                                                                                | West Bengal                                                                                                                                                                                                                                                                                                                                                                                                                                       | 16,727                                                                                                                                                                                                                                                                                                                                                                                                                                            |
| 30                                                                                                                                                                                                                                                                                                                                                                                                                                                | Andaman and Nicobar Islands                                                                                                                                                                                                                                                                                                                                                                                                                       | 57                                                                                                                                                                                                                                                                                                                                                                                                                                                |
| 31                                                                                                                                                                                                                                                                                                                                                                                                                                                | U.T. Chandigarh                                                                                                                                                                                                                                                                                                                                                                                                                                   | 1,226                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 32                                                                                                                                                                                                                                                                                                                                                                                                                                                | Dadra and Nagar Haveli                                                                                                                                                                                                                                                                                                                                                                                                                            | 1,004                                                                                                                                                                                                                                                                                                                                                                                                                                             |
| 33                                                                                                                                                                                                                                                                                                                                                                                                                                                | Daman and Diu                                                                                                                                                                                                                                                                                                                                                                                                                                     | 16                                                                                                                                                                                                                                                                                                                                                                                                                                                |
| 34                                                                                                                                                                                                                                                                                                                                                                                                                                                | Delhi                                                                                                                                                                                                                                                                                                                                                                                                                                             | 31,535                                                                                                                                                                                                                                                                                                                                                                                                                                            |
| 35                                                                                                                                                                                                                                                                                                                                                                                                                                                | Lakshadweep Grand Total                                                                                                                                                                                                                                                                                                                                                                                                                           | Not available 3,11,670                                                                                                                                                                                                                                                                                                                                                                                                                            |
| 36                                                                                                                                                                                                                                                                                                                                                                                                                                                | Puducheery                                                                                                                                                                                                                                                                                                                                                                                                                                        | 993                                                                                                                                                                                                                                                                                                                                                                                                                                               |