Lok Sabha Question No. 1460 (UNSTARRED), answered on 2023-02-10
Subject: Financial Assistance to Tribal Prisoners for Hiring Lawyers
Ministry: LAW AND JUSTICE
Asked by: Vijay Kumar Hansdak

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE

## DEPARTMENT OF JUSTICE

## LOK SABHA UNSTARRED QUESTION NO.1460

## TO BE ANSWERED ON FRIDAY, THE 10 th  FEBRUARY, 2023

## Financial Assistance to Tribal Prisoners for Hiring Lawyers

## 1460. SHRI VIJAY KUMAR HANSDAK :

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

- (a) whether the Government is aware that due to financial crisis, Tribal prisoners are not able to hire any Lawyer for their trial and they remain in Jail custody even after completion of their custodial period;
- (b) if so, the details of such type of prisoners in Jharkhand and other tribal dominated areas;
- (c) whether the Government has any plan to provide financial assistance or to provide lawyer to such prisoners;
- (d) whether the Government has any plan to  release such Tribal prisoners  after completion  of their custodial period; and
- (e) if so, the details thereof?

## ANSWER

## MINISTER OF LAW & JUSTICE (SHRI KIREN RIJIJU)

- (a) Tribals  including  Prisoners  in  custody  are  entitled  to  get  free  legal  services  irrespective  of their income under Section 12 of the Legal Services Authorities Act, 1987 vide clause 12 (a) i.e. a member of a Scheduled Caste or Scheduled Tribes and vide clause 12 (g) i.e. Persons in custody, including custody in a protective home within the meaning of clause (g) of section 2 of the Immoral Traffic (Prevention) Act, 1956, or in a Juvenile home within the meaning of clause  (j)  of  section  2  of  the  Juvenile  Justice  Act,  1986  (53  of  1986),  or  in  a  psychiatric hospital  or  psychiatric  nursing  home  within  the  meaning  of  clause  (g)  of  section  2  of  the Mental Health Act, 1987 (14 of 1987).
- (b) The State-wise statements including Jharkhand and other tribal dominated areas,  containing the details of Prisoners including Tribals who were provided with panel advocates under the category of 'in custody' during the current financial year 2022-23 (upto November, 22) is at Annexure- A.
- (c) In  addition  to  above,  NALSA  has  framed  a  Scheme  namely  NALSA  (Protection  and Enforcement  of  Tribal  Rights)  Scheme,  2015  to  ensure  access  to  justice  to  the  Tribal population in India. Besides, NALSA has framed another scheme namely NALSA (Effective Implementation  of  Poverty  Alleviation  Schemes)  Scheme,  2015  to  ensure  access  to  basic rights and benefits under the Poverty Alleviation Scheme and Programmes of the Government to economically and socially backward sections of the society including Scheduled Tribes by strengthening legal aid and support at all levels.
- (d) and  (e) NALSA  has  prepared  a  Standard  Operating  Procedure  (SOP)  for  the  smooth functioning of Under Trial Review Committees (UTRCs) with an aim to ensure that Under Trial Prisoners (UTPs) covered under 14 categories including tribal UTPs get benefit without delay.  One  of  the  category  identified  under  the  UTRC  is  UTPs  (including  tribal  UTPs) covered under Section 436A Cr.P.C, wherein UTRC recommend to concerned trial court to take up the matter and consider him/her for release on bail if there are no special reasons to deny bail, with or without sureties.

## Annexure-A

Statement  as  referred  to  in  reply  to  Lok  Sabha  Unstarred  Question  No.  1460  for answering on 10.02.2023 raised by Shri Vijay Kumar Hansdak, MP - Financial Assistance to Tribal Prisoners for Hiring Lawyers

| Statement showing number of persons provided panel advocates under the category in Custody under the Legal Services Authorities Act, 1987 during April, 2022 to November, 2022.   | Statement showing number of persons provided panel advocates under the category in Custody under the Legal Services Authorities Act, 1987 during April, 2022 to November, 2022.   | Statement showing number of persons provided panel advocates under the category in Custody under the Legal Services Authorities Act, 1987 during April, 2022 to November, 2022.   |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| S.No.                                                                                                                                                                             | SLSAs                                                                                                                                                                             | In custody                                                                                                                                                                        |
| 1                                                                                                                                                                                 | Andaman &Nicobar Islands                                                                                                                                                          | 13                                                                                                                                                                                |
| 2                                                                                                                                                                                 | Andhra Pradesh                                                                                                                                                                    | 1294                                                                                                                                                                              |
| 3                                                                                                                                                                                 | Arunachal Pradesh                                                                                                                                                                 | 662                                                                                                                                                                               |
| 4                                                                                                                                                                                 | Assam                                                                                                                                                                             | 3580                                                                                                                                                                              |
| 5                                                                                                                                                                                 | Bihar                                                                                                                                                                             | 3768                                                                                                                                                                              |
| 6                                                                                                                                                                                 | Chandigarh                                                                                                                                                                        | 399                                                                                                                                                                               |
| 7                                                                                                                                                                                 | Chhattisgarh                                                                                                                                                                      | 2020                                                                                                                                                                              |
| 8                                                                                                                                                                                 | Dadra &Nagar Haveli                                                                                                                                                               | 2                                                                                                                                                                                 |
| 9                                                                                                                                                                                 | Daman &Diu                                                                                                                                                                        | 4                                                                                                                                                                                 |
| 10                                                                                                                                                                                | Delhi                                                                                                                                                                             | 20139                                                                                                                                                                             |
| 11                                                                                                                                                                                | Goa                                                                                                                                                                               | 184                                                                                                                                                                               |
| 12                                                                                                                                                                                | Gujarat                                                                                                                                                                           | 2555                                                                                                                                                                              |
| 13                                                                                                                                                                                | Haryana                                                                                                                                                                           | 5309                                                                                                                                                                              |
| 14                                                                                                                                                                                | Himachal Pradesh                                                                                                                                                                  | 285                                                                                                                                                                               |
| 15                                                                                                                                                                                | Jammu &Kashmir                                                                                                                                                                    | 281                                                                                                                                                                               |
| 16                                                                                                                                                                                | Jharkhand                                                                                                                                                                         | 2418                                                                                                                                                                              |
| 17                                                                                                                                                                                | Karnataka                                                                                                                                                                         | 943                                                                                                                                                                               |
| 18                                                                                                                                                                                | Kerala                                                                                                                                                                            | 2730                                                                                                                                                                              |
| 19                                                                                                                                                                                | Lakshadweep                                                                                                                                                                       | 0                                                                                                                                                                                 |
| 20                                                                                                                                                                                | Madhya Pradesh                                                                                                                                                                    | 4329                                                                                                                                                                              |
| 21                                                                                                                                                                                | Maharashtra                                                                                                                                                                       | 4305                                                                                                                                                                              |
| 22                                                                                                                                                                                | Manipur                                                                                                                                                                           | 804                                                                                                                                                                               |
| 23                                                                                                                                                                                | Meghalaya                                                                                                                                                                         | 631                                                                                                                                                                               |
| 24                                                                                                                                                                                | Mizoram                                                                                                                                                                           | 968                                                                                                                                                                               |
| 25                                                                                                                                                                                | Nagaland                                                                                                                                                                          | 75                                                                                                                                                                                |
| 26                                                                                                                                                                                | Odisha                                                                                                                                                                            | 490                                                                                                                                                                               |
| 27                                                                                                                                                                                | Puducherry                                                                                                                                                                        | 94                                                                                                                                                                                |
| 28                                                                                                                                                                                | Punjab                                                                                                                                                                            | 6498                                                                                                                                                                              |
| 29                                                                                                                                                                                | Rajasthan                                                                                                                                                                         | 2051                                                                                                                                                                              |
| 30                                                                                                                                                                                | Sikkim                                                                                                                                                                            | 276                                                                                                                                                                               |
| 31                                                                                                                                                                                | Tamil Nadu                                                                                                                                                                        | 3713                                                                                                                                                                              |

| 32   | Telangana     |   715 |
|------|---------------|-------|
| 33   | Tripura       |   263 |
| 34   | Uttar Pradesh |   505 |
| 35   | Uttarakhand   |  1283 |
| 36   | West Bengal   |  7916 |
| 37   | Ladakh        |     1 |
|      | Total         | 81503 |