Lok Sabha Question No. 688 (UNSTARRED), answered on 2019-06-26
Subject: Free Legal Assistance to Poor
Ministry: LAW AND JUSTICE
Asked by: Ramcharan Bohra

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

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## LOK SABHA

## UNSTARRED QUESTION NO. 688

TO BE ANSWERED ON WEDNESDAY, THE 26 TH  JUNE, 2019

## Free Legal Assistance to Poor

†688. SHRI RAMCHARAN BOHRA:

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

- (a) whether the Government provides financial assistance to States/Union Territories to give free legal assistance to poor and undertrial prisoners;
- (b) if so, the criteria fixed for this purpose;
- (c)  the  details  of  funds  provided/utilised  for  this  purpose  during  each  of  the  last  three years, States/Union Territorywise;
- (d)  whether  the  Government  proposes  to  amend  the  present  norms  so  that  proper utilisation of the said funds can be ensured  and if so, the details thereof; and
- (e) the other steps taken/being taken by the Government to provide free legal assistance to poor and undertrial prisoners in the country?

## ANSWER

## MINISTER OF LAW & JUSTICE,COMMUNICATIONS AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

- (a) &  (b)  Central  Government  provides  financial  assistance  to  State  Legal  Services Authorities (SLSAs) through National Legal Services Authority (NALSA) to carry out the  functions  as  provided  under  the  Legal  Services  Authorities  Act,  1987.  These functions  include  providing  free  legal  services  to  all  entitled  categories  of  persons, including  poor  and  undertrial  prisoners,  under  section  12  of  the  said  Act.    NALSA

allocates  funds  out  of  the  grants-in-aid  received  from  Central  Government  to  various SLSAs to achieve the objectives of the said Act. In addition, grants or donations could be made to the SLSAs by the respective State Government.

- (c) A statement showing funds allocated by NALSA to different  SLSAs and funds utilized by SLSAs during the last three years is at   Annexure-I.
- (d) Does not arise in view of (a) above.
- (e) In April, 2017, Government has launched three legal empowerment initiatives, namely, Tele-Law,  Pro  Bono  legal  services  and  Nyaya  Mitra.  Tele-law  scheme  has  been launched in 1800 gram panchayats in 11 States of the country for providing free legal advice to marginalized persons under section 12 of the Legal Services Authorities Act, 1987. Other persons can obtain legal advice on payment of Rs.30 only. The facility is available  at  Common Service Centres (CSCs) where legal advice is provided through video conferencing or telephone chat with a Panel Lawyer. Tele-Law Mobile Application & Tele-Law Dashboard for facilitating last mile connectivity was launched in February, 2019.

Under Pro Bono legal services scheme, free legal aid including legal representation,  is  provided  to  marginalized  persons  under  section  12  of  the  Legal Services  Authorities  Act,  1987.  533  advocates  have  been  registered  for  providing  pro bono legal services. Nyaya Bandhu Mobile Application to connect registered Pro Bono Advocates with registered Applicants was launched in February, 2019.

In addition, NALSA also provides free and competent legal services to under trial prisoner  and  convicts  through  legal  services  clinics  opened  in  jails.  About  11,800 Remand Advocates have been appointed in Magisterial Courts and Session Courts for providing  legal  services  to  arrestees  in  criminal  courts.  Further,  awareness  camps  / programmes are conducted in jails at regular intervals to make prisoners aware about free legal  aid  and  their  legal  rights  including  right  to  bail.  Regular  visits  are  made  by functionaries of Legal Services Authorities to jails to identify prisoners who require legal aid and advice. Apart from the above measures, Under Trial Review Committee headed by District Judge have also been set up in all the Districts to review the cases of all under trials who have completed half of the maximum sentence provided for the offences they are charged with.

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| Statement as referred to in reply to Part (c) of Lok Sabha Unstarred Question No. 688 for 26.06.2019 raised by Shri Ramcharan Bohra, MP regarding Free Legal Assistance to Poor.          | Statement as referred to in reply to Part (c) of Lok Sabha Unstarred Question No. 688 for 26.06.2019 raised by Shri Ramcharan Bohra, MP regarding Free Legal Assistance to Poor.          | Statement as referred to in reply to Part (c) of Lok Sabha Unstarred Question No. 688 for 26.06.2019 raised by Shri Ramcharan Bohra, MP regarding Free Legal Assistance to Poor.          | Statement as referred to in reply to Part (c) of Lok Sabha Unstarred Question No. 688 for 26.06.2019 raised by Shri Ramcharan Bohra, MP regarding Free Legal Assistance to Poor.          | Statement as referred to in reply to Part (c) of Lok Sabha Unstarred Question No. 688 for 26.06.2019 raised by Shri Ramcharan Bohra, MP regarding Free Legal Assistance to Poor.          | Statement as referred to in reply to Part (c) of Lok Sabha Unstarred Question No. 688 for 26.06.2019 raised by Shri Ramcharan Bohra, MP regarding Free Legal Assistance to Poor.          | Statement as referred to in reply to Part (c) of Lok Sabha Unstarred Question No. 688 for 26.06.2019 raised by Shri Ramcharan Bohra, MP regarding Free Legal Assistance to Poor.          | Statement as referred to in reply to Part (c) of Lok Sabha Unstarred Question No. 688 for 26.06.2019 raised by Shri Ramcharan Bohra, MP regarding Free Legal Assistance to Poor.          |
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| Details of funds allocated by National Legal Services Authority to State Legal Services Authorities and utilized during the last three financial years viz 2016-17 , 2017-18 and 2018-19. | Details of funds allocated by National Legal Services Authority to State Legal Services Authorities and utilized during the last three financial years viz 2016-17 , 2017-18 and 2018-19. | Details of funds allocated by National Legal Services Authority to State Legal Services Authorities and utilized during the last three financial years viz 2016-17 , 2017-18 and 2018-19. | Details of funds allocated by National Legal Services Authority to State Legal Services Authorities and utilized during the last three financial years viz 2016-17 , 2017-18 and 2018-19. | Details of funds allocated by National Legal Services Authority to State Legal Services Authorities and utilized during the last three financial years viz 2016-17 , 2017-18 and 2018-19. | Details of funds allocated by National Legal Services Authority to State Legal Services Authorities and utilized during the last three financial years viz 2016-17 , 2017-18 and 2018-19. | Details of funds allocated by National Legal Services Authority to State Legal Services Authorities and utilized during the last three financial years viz 2016-17 , 2017-18 and 2018-19. | Details of funds allocated by National Legal Services Authority to State Legal Services Authorities and utilized during the last three financial years viz 2016-17 , 2017-18 and 2018-19. |
| S. No                                                                                                                                                                                     | Name of the State Authority                                                                                                                                                               | Amount of Funds Allocated (in lakhs) Rs.                                                                                                                                                  | Funds utilised (in lakhs) Rs.                                                                                                                                                             | Amount of Funds Allocated (in lakhs) Rs.                                                                                                                                                  | Funds utilised (in lakhs) Rs.                                                                                                                                                             | Amount of Funds Allocated (in lakhs) Rs.                                                                                                                                                  | Funds utilised (in lakhs) Rs.                                                                                                                                                             |
|                                                                                                                                                                                           |                                                                                                                                                                                           | 2016-17                                                                                                                                                                                   | 2016-17                                                                                                                                                                                   | 2017-18                                                                                                                                                                                   | 2017-18                                                                                                                                                                                   | 2018-19                                                                                                                                                                                   | 2018- 19                                                                                                                                                                                  |
| 1                                                                                                                                                                                         | Andhra Pradesh                                                                                                                                                                            | 400                                                                                                                                                                                       | 493.41                                                                                                                                                                                    | 400                                                                                                                                                                                       | 529.3                                                                                                                                                                                     | 400                                                                                                                                                                                       | 418.93                                                                                                                                                                                    |
| 2                                                                                                                                                                                         | Arunachal Pradesh                                                                                                                                                                         |                                                                                                                                                                                           | 85.83                                                                                                                                                                                     | 100                                                                                                                                                                                       | 227.32                                                                                                                                                                                    | 100                                                                                                                                                                                       | 225.34                                                                                                                                                                                    |
| 3                                                                                                                                                                                         | Assam                                                                                                                                                                                     | 200                                                                                                                                                                                       | 288.7                                                                                                                                                                                     | 550                                                                                                                                                                                       | 579.36                                                                                                                                                                                    | 600                                                                                                                                                                                       | 360.33                                                                                                                                                                                    |
| 4                                                                                                                                                                                         | Bihar                                                                                                                                                                                     |                                                                                                                                                                                           | 123.36                                                                                                                                                                                    |                                                                                                                                                                                           | 392.71                                                                                                                                                                                    | 250                                                                                                                                                                                       | 428.73                                                                                                                                                                                    |
| 5                                                                                                                                                                                         | Chhattisgarh                                                                                                                                                                              | 300                                                                                                                                                                                       | 284.32                                                                                                                                                                                    | 400                                                                                                                                                                                       | 511.96                                                                                                                                                                                    | 800                                                                                                                                                                                       | 794.90                                                                                                                                                                                    |
| 6                                                                                                                                                                                         | Goa                                                                                                                                                                                       | 100                                                                                                                                                                                       | 69.34                                                                                                                                                                                     |                                                                                                                                                                                           | 68.35                                                                                                                                                                                     |                                                                                                                                                                                           | 82.94                                                                                                                                                                                     |
| 7                                                                                                                                                                                         | Gujarat                                                                                                                                                                                   | 100                                                                                                                                                                                       | 375.54                                                                                                                                                                                    | 350                                                                                                                                                                                       | 368.81                                                                                                                                                                                    | 350                                                                                                                                                                                       | 385.58                                                                                                                                                                                    |
| 8                                                                                                                                                                                         | Haryana                                                                                                                                                                                   | 732.96                                                                                                                                                                                    | 494.46                                                                                                                                                                                    | 700                                                                                                                                                                                       | 959.09                                                                                                                                                                                    | 850                                                                                                                                                                                       | 950.43                                                                                                                                                                                    |
| 9                                                                                                                                                                                         | Himachal Pradesh                                                                                                                                                                          | 400                                                                                                                                                                                       | 429.34                                                                                                                                                                                    | 100                                                                                                                                                                                       | 487.86                                                                                                                                                                                    | 400                                                                                                                                                                                       | 468.18                                                                                                                                                                                    |
| 10                                                                                                                                                                                        | J & K                                                                                                                                                                                     | 200                                                                                                                                                                                       | 185.52                                                                                                                                                                                    | 200                                                                                                                                                                                       | 368.43                                                                                                                                                                                    | 450                                                                                                                                                                                       | 503.50                                                                                                                                                                                    |
| 11                                                                                                                                                                                        | Jharkhand                                                                                                                                                                                 | 800                                                                                                                                                                                       | 293.57                                                                                                                                                                                    | 100                                                                                                                                                                                       | 633.24                                                                                                                                                                                    | 700                                                                                                                                                                                       | 753.56                                                                                                                                                                                    |
| 12                                                                                                                                                                                        | Karnataka                                                                                                                                                                                 | 722                                                                                                                                                                                       | 322.05                                                                                                                                                                                    | 700                                                                                                                                                                                       | 828.56                                                                                                                                                                                    | 850                                                                                                                                                                                       | 984.92                                                                                                                                                                                    |
| 13                                                                                                                                                                                        | Kerala                                                                                                                                                                                    | 800                                                                                                                                                                                       | 590                                                                                                                                                                                       | 800                                                                                                                                                                                       | 955.59                                                                                                                                                                                    | 1050                                                                                                                                                                                      | 1263.1 8                                                                                                                                                                                  |
| 14                                                                                                                                                                                        | Madhya Pradesh                                                                                                                                                                            |                                                                                                                                                                                           | 476.23                                                                                                                                                                                    | 400                                                                                                                                                                                       | 595.35                                                                                                                                                                                    | 300                                                                                                                                                                                       | 442.47                                                                                                                                                                                    |
| 15                                                                                                                                                                                        | Maharashtra                                                                                                                                                                               | 700                                                                                                                                                                                       | 356.96                                                                                                                                                                                    | 100                                                                                                                                                                                       | 735.03                                                                                                                                                                                    | 600                                                                                                                                                                                       | 597.55                                                                                                                                                                                    |
| 16                                                                                                                                                                                        | Manipur                                                                                                                                                                                   | 100                                                                                                                                                                                       | 235.42                                                                                                                                                                                    | 300                                                                                                                                                                                       | 425.39                                                                                                                                                                                    | 350                                                                                                                                                                                       | 333.89                                                                                                                                                                                    |
| 17                                                                                                                                                                                        | Meghalaya                                                                                                                                                                                 |                                                                                                                                                                                           | 26.56                                                                                                                                                                                     |                                                                                                                                                                                           | 92.2                                                                                                                                                                                      |                                                                                                                                                                                           | 25.16                                                                                                                                                                                     |
| 18                                                                                                                                                                                        | Mizoram                                                                                                                                                                                   | 250                                                                                                                                                                                       | 264.07                                                                                                                                                                                    | 200                                                                                                                                                                                       | 437.23                                                                                                                                                                                    | 400                                                                                                                                                                                       | 335.29                                                                                                                                                                                    |
| 19                                                                                                                                                                                        | Nagaland                                                                                                                                                                                  | 450                                                                                                                                                                                       | 260.26                                                                                                                                                                                    | 300                                                                                                                                                                                       | 396.61                                                                                                                                                                                    | 300                                                                                                                                                                                       | 417.19                                                                                                                                                                                    |
| 20                                                                                                                                                                                        | Orissa                                                                                                                                                                                    | 530                                                                                                                                                                                       | 429.7                                                                                                                                                                                     | 800                                                                                                                                                                                       | 907.32                                                                                                                                                                                    | 700                                                                                                                                                                                       | 682.04                                                                                                                                                                                    |
| 21                                                                                                                                                                                        | Punjab                                                                                                                                                                                    | 600                                                                                                                                                                                       | 563.3                                                                                                                                                                                     | 800                                                                                                                                                                                       | 999.23                                                                                                                                                                                    | 950                                                                                                                                                                                       | 1209.8 5                                                                                                                                                                                  |
| 22                                                                                                                                                                                        | Rajasthan                                                                                                                                                                                 | 750                                                                                                                                                                                       | 546.35                                                                                                                                                                                    | 800                                                                                                                                                                                       | 1161.04                                                                                                                                                                                   | 1800                                                                                                                                                                                      | 1804.0 4                                                                                                                                                                                  |
| 23                                                                                                                                                                                        | Sikkim                                                                                                                                                                                    | 100                                                                                                                                                                                       | 28.63                                                                                                                                                                                     |                                                                                                                                                                                           | 120.55                                                                                                                                                                                    |                                                                                                                                                                                           | 123.43                                                                                                                                                                                    |
| 24                                                                                                                                                                                        | Tamil Nadu                                                                                                                                                                                | 600                                                                                                                                                                                       | 398.75                                                                                                                                                                                    | 700                                                                                                                                                                                       | 762.35                                                                                                                                                                                    | 600                                                                                                                                                                                       | 707.98                                                                                                                                                                                    |
| 25                                                                                                                                                                                        | Telangana                                                                                                                                                                                 | 250                                                                                                                                                                                       | 190.4                                                                                                                                                                                     | 200                                                                                                                                                                                       | 357.68                                                                                                                                                                                    | 200                                                                                                                                                                                       | 347.48                                                                                                                                                                                    |
| 26                                                                                                                                                                                        | Tripura                                                                                                                                                                                   | 250                                                                                                                                                                                       | 327.13                                                                                                                                                                                    | 500                                                                                                                                                                                       | 445.25                                                                                                                                                                                    | 300                                                                                                                                                                                       | 444.42                                                                                                                                                                                    |
| 27                                                                                                                                                                                        | Uttar Pradesh                                                                                                                                                                             | 300                                                                                                                                                                                       | 295.38                                                                                                                                                                                    | 600                                                                                                                                                                                       | 550.61                                                                                                                                                                                    | 100                                                                                                                                                                                       | 349.88                                                                                                                                                                                    |
| 28                                                                                                                                                                                        | Uttarakhand                                                                                                                                                                               | 200                                                                                                                                                                                       | 106.16                                                                                                                                                                                    | 100                                                                                                                                                                                       | 261.32                                                                                                                                                                                    | 200                                                                                                                                                                                       | 224.16                                                                                                                                                                                    |

| 29   | West Bengal          | 300      |   245.56 | 200   |      549 | 900   | 769.78    |
|------|----------------------|----------|----------|-------|----------|-------|-----------|
| 30   | And. & Nico. Islands |          |     8.38 |       |    13.66 |       | 20.94     |
| 31   | U.T. Chandigarh      | 100      |    68.98 | 200   |   162.2  |       | 163.54    |
| 32   | D & Nagar Haveli     |          |     3.52 |       |     7.86 |       | 4.36      |
| 33   | Daman & Diu          |          |     3.02 |       |     1.2  |       | 3.52      |
| 34   | Delhi                | 775      |   535.28 | 700   |   777.92 | 1000  | 983.11    |
| 35   | Lakshadweep          |          |    13.61 |       |    10.23 |       | 9.96      |
| 36   | U.T.Puducherry       |          |    75.92 | 200   |   108.04 |       | 37.90     |
|      | TOTAL                | 11009.96 |  9495.01 | 11500 | 16787.8  | 15500 | 17658. 46 |

Note: The unspent grant pertaining to any particular previous financial year is carried forward to the subsequent financial year for its utilisation.