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The grim reality within a welfare state is that the access to protection of law is variably different. Inability to consult or be represented by a lawyer amounts to an inequality wherein the security of law is deprived. It is this prospect that led to the development of ‘legal aid’. Legal Aid implies giving free legal services to the indigent and needy who cannot afford the paid services of a lawyer in any court, tribunal or before an authority. It has been of recent origin that this right to legal aid has been constitutionally recognized under various provisions of law and in-effect the Legal Services Authority Act, 1987 was enacted. The objective was to enable equal justice to all. As per the provisions of the Act, a National Legal Services Authority has been set up for implementing and monitoring legal aid programmes in the country. Further, at national, state, district, taluq one can find a legal service authority which can be approached easily by writing an application to: The Senior Civil judge nominated as the chairperson of the Mandal/Taluq Legal Services Authority The Secretary, District Legal Services Authority at the district level The Secretary, High Court Legal Services Committee at the state level The Secretary, Supreme Court Legal Services Committee at the higher level The member secretary of the state legal services authority; the magistrate before whom s/he is produced or the custodial authorities, if under detention However, there are certain merits and criteria which have to be qualified before legal aid can be awarded. The criteria as laid down under the Act provide for legal aid to any person (provided such person has a case to prosecute or defend apparent on facts before the concerned authority) who is a member of the scheduled castes or tribes; is poor, in receipt of annual income less than rupees nine thousand or such other higher amount as may be prescribed by the State Government, if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Government, if the case is before the Supreme Court, is a victim of human trafficking, beggary; is disabled, including mentally disabled; is a woman or child; is a victim of mass disaster, ethnic violence, caste atrocity, flood, drought, earth quake, industrial, disaster and other cases of undeserved want; is an industrial workman; is in custody, including protective custody; is facing a charge which might result in imprisonment. The person who claims legal aid has to submit an affidavit of his income. Various judgements of the Supreme Court have time and again put in perspective the need for promotion of the basic fundamental right to equal fair and reasonable procedure of law and justice on the basis of equal opportunity for all its citizens.
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