Lok Sabha Question No. 327 (UNSTARRED), answered on 2016-02-25
Subject: Free Legal Aid
Ministry: LAW AND JUSTICE
Asked by: FAIZAL P.P. MOHAMMED, DUSHYANT CHAUTALA, R. PARTHIPAN, (ADV.) JOICE GEORGE

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

******

## LOK SABHA

## UNSTARRED QUESTION NO. 327

## TO BE ANSWERED ON THURSDAY, THE 25 TH  FEBRUARY, 2016

## Free Legal Aid

327. MOHAMMED FAIZAL: SHRI DUSHYANT CHAUTALA: SHRI R. PARTHIPAN: ADV. JOICE GEORGE:

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

- (a) the details of authorities/institutions involved in providing free legal aid to the poor and weaker sections of the society in the country;
- (b) whether the Government proposes to strengthen these authorities/institutions including the National Legal Services Authority (NALSA) and if so, the details thereof;
- (c) the  details  of  funds  allocated,  released  and  utilised  by  these authorities/institutions including NALSA during each of the last three years and the current year, State/UT-wise;
- (d) whether  the  Government  has  any  mechanism  to  monitor  the  functioning/performance  of these authorities/institutions including NALSA and to ensure proper utilisation of funds so allocated and for better and effective implementation of various programmes so as to help the  end  users  specially  the  undertrial  prisoners,  victims  of  sexual  harassment/natural calamities; and
- (e) if so, the details thereof and if not, the other steps taken/being taken by the Government in this regard?

## ANSWER

## MINISTER OF LAW AND JUSTICE (SHRI D.V. SADANANDA GOWDA)

- (a) & (b)  The  Legal  Services  Authorities  Act,  1987  has  set  up  legal  services  institutions  at  all levels from the level of Taluk Courts to the Supreme Court to provide free legal services to the persons  eligible  under  Section  12  of  the  Act.  These  include  the  National  Legal  Services Authority,  the  Supreme  Court  Legal  Services  Committee,  the  High  Court  Legal  Services Committees, the State Legal Services Authorities, the District Legal Services Authorities and

the  Taluka  Legal  Services  Committees.  Free  legal  services  include  payment  of  court  fees, providing advocate and preparation of paper work, etc.

The  National  Legal  Services  Authority  (NALSA)  has  notified  National  Legal  Services Authority (Free and Competent Legal Services) Regulations, 2010 which provide free legal aid  to  the  aforesaid  poor  and  weaker  section  of  the  society  such  as  members  of  SC/ST, women, children etc.  Advocates, panel lawyers for legal aid cases are appointed at all levels including  in  the  High  Courts  and  Supreme  Court  by  the  Legal  Services  Institutions  for prosecuting or defending the Court cases on behalf of all persons who are eligible for Legal Services.

- (c) National Legal Services Authority (NALSA) receives its funds from the Government of India (Ministry of Law & Justice) for undertaking various legal services activities under Section 4 of the Legal Services Authorities Act, 1987.  Funds allocated to NALSA during the last three years i.e. 2012-13, 2013-14, 2014-15 and the current financial year 2015-16 are as under:

## (Rs. in lakh)

|   S.No. | Year    |   Funds allocated |   Funds utilized |
|---------|---------|-------------------|------------------|
|       1 | 2012-13 |           3900    |          3692.61 |
|       2 | 2013-14 |           8044.46 |          6041.69 |
|       3 | 2014-15 |           8265.42 |          5601.7  |
|       4 | 2015-16 |           6797    |          6065.61 |

A statement showing State-wise details of funds provided by NALSA to State Legal Services Authorities is at Annexure-A.

- (d) & (e ) Yes,  Madam. The  implementation  of  Legal  Services  Schemes  and  also  proper utilization of fund are being discussed and evaluated in the All India Meet/Conference being organized  with  State  Authorities  from  time  to  time.    The  State  Authorities  have  been requested to take steps to ensure that the funds are utilized properly and timely submission of audited  statement  of  accounts  and  Utilization  Certificates  submitted  in  respect  of  funds utilized.

Further, the NALSA (Free and Competent Legal Services) Regulations, 2010, the NALSA (Victims of Trafficking and Commercial Sexual Exploitation)Scheme, 2015 and the Scheme for Legal Services to Disaster Victims through Legal Services Authorities framed by NALSA provide for free legal assistance to the poor and also undertrial prisoners, victims of sexual harassment/natural calamities, etc.

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Rs. In  Lakhs

## STATEMENT AS REFERRED TO IN REPLY TO PART (c) OF THE LOK SABHA UNSTARRED QN.  NO.327 FOR 25.02.2016 REGARDING FREE LEGAL AID .

( A statement containing the details of the funds allocated/released by National Legal Services Authority to State Legal Services Authorities  during the last three financial years i.e. 2012-13, 2013-14, 2014-15 and the current financial year 2015-16)

| S.No.   | Name of the State Authority   | 2012-13                   | 2013-14                   | 2014-15                   | Current Financial Year 2015-16   |
|---------|-------------------------------|---------------------------|---------------------------|---------------------------|----------------------------------|
| S.No.   | Name of the State Authority   | Amount of Funds Allocated | Amount of Funds Allocated | Amount of Funds Allocated | Amount of Funds Allocated        |
| 1       | Andhra Pradesh                | 150                       | 300                       | 215                       | 300                              |
| 2       | Arunachal Pradesh             | 25                        | 122                       | 97                        | 83.89                            |
| 3       | Assam                         | 138                       | 122                       | 97                        | 200                              |
| 4       | Bihar                         | 125                       | 300                       | 215                       | 50                               |
| 5       | Chhattisgarh                  | 50                        | 222                       | 163                       | 200                              |
| 6       | Goa                           | 25                        | 147                       | 113                       | 50                               |
| 7       | Gujrat                        | 150                       | 257                       | 187                       | 250                              |
| 8       | Haryana                       | 175                       | 277                       | 855.68                    | 50                               |
| 9       | Himachal Pradesh              | 75                        | 172                       | 130                       | 800                              |
| 10      | J&K                           | 125                       | 172                       | 130                       | 200                              |
| 11      | Jharkhand                     | 75                        | 142                       | 110                       | 200                              |
| 12      | Karnataka                     | 100                       | 247                       | 180                       | 250                              |
| 13      | Kerala                        | 175                       | 272                       | 347                       | 150                              |
| 14      | Madhya Pradesh                | 225                       | 182                       | 137                       | 100                              |
| 15      | Maharashtra                   | 150                       | 172                       | 130                       | 200                              |
| 16      | Manipur                       | 75                        | 172                       | 130                       | 50                               |
| 17      | Meghalaya                     | 75                        | 122                       | 97                        | 50                               |
| 18      | Mizoram                       | 75                        | 147                       | 113                       | 75                               |
| 19      | Nagaland                      | 75                        | 172                       | 130                       | 100                              |
| 20      | Orissa                        | 150                       | 222                       | 163                       | 200                              |
| 21      | Punjab                        | 150                       | 172                       | 130                       | 300                              |
| 22      | Rajasthan                     | 150                       | 182                       | 137                       | 200                              |
| 23      | Sikkim                        | 75                        | 122                       | 97                        | 75                               |
| 24      | Tamil Nadu                    | 175                       | 182                       | 137                       | 240                              |
| 25      | Telangana                     | -                         | -                         | 215                       | 150                              |
| 26      | Tripura                       | 75                        | 122                       | 97                        | 100                              |

| 27   | Uttar Pradesh                          |   100 |   152 |     115 |     100 |
|------|----------------------------------------|-------|-------|---------|---------|
| 28   | Uttarakhand                            |    75 |   147 |  113    |  100    |
| 29   | West Bengal                            |   175 |   147 |  113    |  250    |
| 30   | And. &Nico. Islands                    |     5 |    30 |   35    |   50    |
| 31   | U.T. Chandigarh                        |    30 |   122 |   97    |   50    |
| 32   | Dadra &Nagar Haveli                    |     5 |    30 |   35    |   50    |
| 33   | Daman &Diu                             |     5 |    30 |   35    |   50    |
| 34   | Delhi                                  |   125 |   172 |  130    |  331    |
| 35   | Lakshadweep                            |     5 |    30 |   35    |   50    |
| 36   | U.T.Puducherry                         |    75 |    97 |   80    |   50    |
| 37   | Supreme Court Legal Services Committee |   100 |   200 |  135    |  250    |
|      | Grand Total                            |  3538 |  5878 | 5475.68 | 5954.89 |