Free legal aid in India is a right, not charity, and it is significantly under-used because people do not know they qualify.
The basis
Article 39A of the Constitution directs the State to secure equal justice and free legal aid. The Legal Services Authorities Act, 1987 implements it through a structure of authorities: NALSA at the national level, the State Legal Services Authority, the District Legal Services Authority (DLSA), and Taluk Legal Services Committees, along with committees attached to the Supreme Court and each High Court.
Who is entitled, under Section 12
- A woman or a child
- A member of a Scheduled Caste or Scheduled Tribe
- A victim of trafficking or begar
- A person with a disability
- A person in custody, including in a protective home or juvenile home
- A victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster
- An industrial workman
- Any person whose annual income is below the limit prescribed by the State, or by the Centre for Supreme Court cases
Note that entitlement for a woman, a child, or an SC or ST member is not subject to an income test. This is widely misunderstood.
A lawyer's fee, court fee, process fee, the cost of certified copies, translation, printing and paper book preparation. It covers both civil and criminal matters, at the trial stage and on appeal, and it includes legal advice before litigation starts.
How to apply
- Go to the DLSA office, which is located in the district court complex, or apply through NALSA's online portal or the legal services helpline 15100.
- Submit a simple application with proof of the category you fall in: income certificate, caste certificate, or the fact of custody.
- A panel advocate is assigned. You may ask for a change if the assigned advocate is not attending to the matter.
Lok Adalat
The same authorities organise Lok Adalats, where compoundable criminal cases, cheque bounce matters, motor accident claims, matrimonial disputes and money claims are settled by consent. There is no court fee, court fee already paid is refunded, and the award is binding with no appeal. For a settleable dispute it is by far the cheapest and fastest route available.