Latest news with #NationalLegalServicesAuthority
The Hindu
8 hours ago
- The Hindu
Boost the capacity of legal aid systems
Legal services institutions, established under the Legal Services Authorities Act, 1987, are tasked with the mandate of providing free legal aid to nearly 80% of India's population. However, the actual reach remains modest. Between April 2023 and March 2024, just 15.50 lakh people received legal aid services — far below the scale envisioned. This marked a 28% rise from the 12.14 lakh reached the previous year. Usually attached to local courts, prisons, and juvenile justice boards, these front offices offer free legal counsel through a panel of empanelled lawyers to the economically weak, those in custody, and others facing various vulnerabilities. In rural and remote areas, legal aid clinics serve village clusters. Nationally, there is one legal service clinic for every 163 villages, as per the India Justice Report 2025. The availability and presence of these services is dependent on financial and human resources available. Budget for legal aid The budget for legal aid comprises less than 1% of the total justice budget (police, prisons, judiciary, and legal aid). It is provided by States as well as by the Centre through the National Legal Services Authority (NALSA), which disburses grants to State Legal Services Authorities (SLSAs). The total allocation nearly doubled from ₹601 crore in 2017-18 to ₹1,086 crore in 2022-23 across 25 States. This growth was due to an increase in State legal aid budgets, which cumulatively increased from ₹394 crore to ₹866 crore. Thirteen States increased their respective allocations to the legal aid budget by over 100%. They were led by Karnataka, Maharashtra, and Madhya Pradesh. During the same period, (2017-18 to 2022-23), NALSA's funds fell from ₹207 crore to ₹169 crore. The utilisation of NALSA funds also dropped from 75% to 59%. As per the NALSA Manual for District Legal Services Authorities 2023, SLSAs have been barred from incurring expenditure from the NALSA fund on certain items without prior approval. These included hiring project or front office staff, purchasing or hiring vehicles and equipment, engaging outsourced personnel, expenses related to victim compensation, food distribution, and tree plantation. Instead, it directed that funds be used only for specific functions, with ceilings: 50% for legal aid and advice, 25% for awareness and outreach, and 25% for Alternate Dispute Resolution and mediation. Since 2019, the national per capita spending on legal aid has doubled from roughly ₹3 to ₹7. According to actual expenditure figures from 2022-23 the highest spend was in Haryana (₹16), while Jharkhand (₹5), Assam (₹5), Uttar Pradesh (₹4), Bihar (₹3), and West Bengal (₹2) spent less than the average ₹6 per capita. A shrinking frontline The impact of low fiscal prioritisation coupled with poor utilisation of existing funds is on frontline responders. Para-legal volunteers, who are trained community resources, create awareness, assist in resolving disputes, and act as a bridge between people and legal aid services. The total number of para-legal volunteers dropped by nearly 38% between 2019 and 2024. From 5.7 per lakh population, there were only 3.1 per lakh population in 2023. West Bengal and Uttar Pradesh had only one para-legal volunteer per lakh population. Low budgets also constrict the ability to deploy para-legal volunteers (paid on a per day basis) on the ground. Over the years, both the numbers of para-legal volunteers trained and deployed have come down drastically. In 2023-24, out of 53,000 para-legal volunteers trained, only 14,000 were deployed, whereas in 2019-20, 63,00 were trained and 22,000 deployed. What is baffling is the reluctance of States to revise honorariums for these para-legal volunteers, which, besides rare exceptions, are invariably below minimum wages across India. As of March 31, 2023, Kerala was the only State paying para-legal volunteers a daily honorarium of ₹750. Twenty-two States paid ₹500 per day, three paid ₹400, and the remaining three (Gujarat, Meghalaya, and Mizoram) offered ₹250, which is barely enough to cover basic daily expenses. Till 2022, lawyers empanelled with legal services took up cases for both the accused persons and victims. Since 2022, NALSA has been operating a new central sector scheme — the Legal Aid Defence Counsel (LADC), for representing only accused persons. This scheme, modelled on the public defender system, is intended to complement the assigned counsel system. NALSA initiated the scheme to ensure that accused persons/convicts have access to quality and effective legal aid through dedicated lawyers. It is now operational in 610 of the 670 districts across India. In 2023-23, ₹200 crore was specially earmarked for LADCs by NALSA and it was fully utilised. However, in 2024–25, the allocation dropped to ₹147.9 crore. There is tremendous potential that the LADC holds as it also reduces the burden on other lawyers and the system as a whole. However, as the scheme is still fledging, it would be too early to declare it a success. Although States are making efforts to increase allocations for legal aid, long-standing issues such as inconsistent service quality, absent accountability mechanism, and a lack of trust continue to undermine its effectiveness. Much of these ills can be ameliorated with infusions of money and manpower. It is essential to boost the capacity of legal aid systems to make them truly effective. Without these resources, the system falls short of providing the quality of justice enshrined in the Constitution. Arshi Showkat, Saumya Srivastava and Valay Singh work with the India Justice Report
Hindustan Times
13 hours ago
- Politics
- Hindustan Times
Courts and the making of transgender rights
It is inspiring to recall that seven decades ago, Hansa Mehta, a member of the Constituent Assembly, ensured that the phrase 'All men are born free and equal' in the first Article of the Universal Declaration of Human Rights was changed to 'All human beings are born free and equal'. In Hindu mythology, there is an ancient cultural acknowledgment of gender fluidity. Yet, for decades, transgender people simply did not exist in the eyes of the law. They lived, struggled, raised families, danced at births, mourned at funerals, and were part of India's social and spiritual fabric for centuries. Still, they remained on the margins, shunned from society, denied basic rights and targeted for their gender identities. And legally — on school forms, ration cards, voter IDs, and census sheets — they were invisible. Until the late 1990s, voter registration forms did not provide an option beyond male or female, effectively disenfranchising transgender citizens. Public hospitals, welfare schemes, and official forms, all designed around a strict male-female binary, left them without access to essential services. Lacking legal recognition, many were unable to obtain basic identity documents, apply for jobs, or claim protections under existing laws — leaving them vulnerable to poverty, exploitation, and violence. Until April 15, 2014. There are some judicial decisions in India that fundamentally changed the complex calculus of sexuality, power, religion, caste, masculinity, patriarchy, and gender. The Supreme Court's decision in National Legal Services Authority (NALSA) v. Union of India, 2014 stands as one such example. The legal battle began with separate petitions filed in 2012 and 2013 by the National Legal Services Authority (NALSA), the Poojya Mata Nasib Kaur Ji Women Welfare Society, and Laxmi Narayan Tripathi, a leading voice from the hijra (transgender) community — all seeking legal recognition of a third gender. The petitioners argued that limiting legal recognition to binary genders is violative of the Right to Equality, Right to be Free from Discrimination, Equality of Opportunity, Freedom of Expression, and Right to Life or Personal Liberty (Articles 14, 15, 16, 19, 21 of the Constitution, respectively). The Supreme Court responded with clarity and conviction. In a landmark judgment, the two-judge bench recognised transgender individuals as the third gender, who are fully entitled to all legal rights bestowed upon citizens by the Constitution. The Court ordered states to grant legal recognition to transgender people, reservations in education and employment, and offer welfare — an ambitious list of affirmative actions that acknowledged historical harm. Crucially, NALSA's true breakthrough lay as much in recognizing a third gender as in affirming the right to self-identify — a radical move even by international standards. The Court asserted that one's gender does not need to be authenticated by surgery, paperwork, or state verification — and that identity is an inherent aspect of personal dignity and autonomy. Justice KS Radhakrishnan (who was to retire in a month) said, '(…) the moral failure lies in the society's unwillingness to contain or embrace different gender identities and expressions, a mindset which we have to change.' Lauded globally as one of the most progressive interpretations of gender rights, the judgment also laid the groundwork for later verdicts like Puttaswamy, 2017 (the right to privacy), and Navtej Singh Johar, 2018 (decriminalisation of homosexuality). With one stroke of the pen, the Court had rejected the dehumanisation of those who do not fit neatly in gender boxes. But reality tells a different story. The Transgender Persons (Protection of Rights) Act, 2019, ostensibly passed in response to the judgment has been widely criticised for requiring certification of gender by district authorities — a clear contradiction of the right to self-identification upheld in NALSA. Critics argue that the Act undermines the principles of autonomy, dignity, and equality established by the Court. Many trans-persons still face barriers to education, health care, and housing. Violence against them remains disturbingly common. Lack of livelihood opportunities means they are frequently forced into prostitution. But NALSA stands out not just for what it changed in the law, but for changing the conversation from control and classification to recognition and autonomy. It reminds us that the Constitution is not a cold document, it is a living promise. And it begins the work of drawing those beyond the binary into the fold of citizenship — not as exceptions, but as equals. Courts have done their part. Now we must do ours. Ashish Bharadwaj is professor & dean of BITS Pilani's Law School in Mumbai. Insiyah Vahanvaty is a sociopolitical writer and author of The Fearless Judge. The views expressed are personal.
Time of India
a day ago
- Politics
- Time of India
Mediation campaign to resolve civil cases
Kanpur: National Legal Services Authority (NLSA) and Mediation & Conciliation Project Committee Apex Court is organising a mediation campaign in the country from July 1 to September 30. The object of this campaign is to settle the pending matters of accident claim, matrimonial disputes, domestic violence, land acquisition, compoundable criminal offences, consumer disputes, loan recovery, partition, service matters and other civil matters in maximum numbers, said Kamlesh Kumar Maurya, additional sessions judge/secretary, District Legal Services Authority. He informed that if any party wishes to mediate his case pending in the court, he can get his case marked in the Mediation Campaign by submitting an application in the court concerned. In this regard, a meeting was held in the court premises under the chairmanship of district judge Kanpur Nagar Chawan Prakash to chalk out the strategy for the success of the district judge appointed additional sessions judge Subhash Singh as nodal officer of the campaign, Maurya
Time of India
2 days ago
- Politics
- Time of India
We have forgotten the past, aberration of last 33 years should not haunt us anymore: Advocate GA Lone
Prominent advocate from Jammu and Kashmir Ghulam Ahmad Lone said the situation in the region has haunted lawyers for long and only four to five lawyers from J&K and Ladakh have been elevated to the bench of the High Court in the last 33 years. Lone, was speaking in presence of Chief Justice of India Bhushan Ramkrishna Gavai and other legal luminaries at the North Zone Regional Conference organised by the National Legal Services Authority (NALSA) in collaboration with the High Court of J&K and Ladakh and J&K Legal Services Authority at the Sher-e-Kashmir International Convention Centre on the banks of Dal Lake in Srinagar. 'The Bar Association worked in harmony with the High Court since its inception in 1928 and provided justice to all without fear, favor or ill will…unfortunately we had an aberration in the last decade of the 20th century (in J&K). The whole apparatus was affected so were the lawyers. We have changed now but those aberrations are still haunting us,' said Lone. He further explained, 'they are haunting us because in the last 33 years there are only four to five lawyers from J&K and Ladakh who have been elevated to the bench of the High Court.' He said CJI's remarks that lawyers from this region (J&K and Ladakh) were as brilliant as lawyers from other parts of the country was encouraging and if that is so the 'past aberrations should no longer haunt the lawyer community.' 'We are one with you. We want to work in harmony and with dedication and uphold principles of law and constitution. We are committed to that,' said Lone adding, 'we make a pledge here that we have forgotten the past.' He quoted famous Persian poet-philosopher and jurist Maulana Rumi saying, 'Yesterday I was clever and I wanted to change the world. Today I am wise and I want to change myself.' Lone also delved into the history of J&K and genesis of the legal system here which he claimed was formally introduced by the Dogra rulers of the region. 'Kashmir, as per Raj Tarangini of Kalhana, is a civilization and culture since 2000 to 3000 BC. We then witnessed a Sufi movement that proclaimed omnipotence and omnipresence of God and taught us to respect people irrespective of race, culture, caste, language or religion. We still uphold those principles,' said Lone. He further added that the region witnessed 'several invasions by Mughals, Afghans and Sikhs.' 'None of them left any legacy. They came, ruled the region and left. They did not give us any legal jurisprudence or any legal system. It is not mentioned in any history book,' said Lone adding, 'then after 1846 Dogra rulers were the first to introduce administrative, judicial and revenue systems here and provided laws, which we are still following.' 'Dogra rulers started the High Court in 1928. They also formed the Board of Judicial Advisors, who would hear appeals against the High Court,' said Lone, adding, 'You would understand the system of justice and fairness we had that the then Maharaja has not even once, to my knowledge, objected to decision of their (High Court and Board) and accepted their orders despite being a monarch.'
New Indian Express
3 days ago
- Politics
- New Indian Express
Kashmir is paradise on earth, Sufism promoted secularism: CJI Gavai
SRINAGAR: Chief Justice of India Justice B R Gavai on Sunday described Kashmir as 'Paradise on Earth' and said that Sufism has truly promoted secularism in the country. While addressing the North Zone Regional Conference of the National Legal Services Authority (NALSA) in Srinagar, the CJI began his speech with the famous Persian couplet: 'Agar firdaus bar roo-e zameen ast, Hameen ast-o hameen ast-o hameen ast' (If there is a paradise on Earth, it is here, it is here and it is only here). 'I am happy that I am again getting the opportunity to meet you in Kashmir, which is known as paradise. Whenever I have visited Kashmir, I have received love from everybody,' he said. 'I feel like I have come to my hometown. I am thankful for all the love and affection showered on me. I have been to all parts of Jammu and Kashmir, and Ladakh,' he added. 'Kashmir's valleys, mountains, rivers, streams, if we see these, it can be safely said that Kashmir is a true paradise.' The CJI spoke about Kashmir's 3,000-year-old civilisational heritage and its rich culture. He credited Sufism for upholding the values of secularism as enshrined in the Constitution of India. 'Sufism has truly promoted secularism,' he asserted. Referring to secularism in Jammu and Kashmir, the CJI said, 'In Dargahs, every section of society, including Hindus, Muslims or Sikhs, go. Similarly, people of every religion go to Mandirs and Gurudwaras.' Justice Gavai lauded the efforts of NALSA and the J&K Legal Services Authority for convening the interaction. He also reflected on the legal and administrative foundation laid in the region as early as 1846, calling it one of the oldest and most structured legal systems in India. 'From 1928 till before the independence of the country, a high court had been established here and the Maharajas here also respected the orders passed by the high court,' he said. 'In the country's Constitution, we have promised ourselves justice, political, social and economic. We are bound to see that justice is implemented in its true spirit. The legal fraternity needs to have a commitment to the true values of the Constitution,' he added. The CJI said that while Babasaheb B R Ambedkar brought about political justice by adopting the principle of 'one person, one vote and one value', the author of the Constitution also spoke about social compartmentalisation and the difficulty of moving from one compartment to another. 'Our society has been divided into different compartments. The entry from one compartment to another is nearly impossible. On the economic front, our wealth is concentrated in a few hands while the vast majority of the people find it difficult to have two meals a day. We will have to eliminate this inequality and bring about social and economic equality in the true sense. We all have to remain committed to this — whether it is the executive, legislature or judiciary. We are bound to see to it that social and economic justice is implemented in true spirit in this country,' he said. Indirectly referring to the situation in Kashmir over the last 35 years, the CJI said there have been aberrations that need to be undone. 'There have been aberrations, but we have to work to remove these. This dialogue between judges and lawyers will give a new perspective. I am sure this programme will help in rebuilding the traditional and undivided Kashmir where all communities, Hindus, Muslims and Sikhs, used to live together,' he said. Asserting that lawyers and judges are like two wheels of the golden chariot of justice, the CJI said, 'If you span one wheel, the efficacy of the entire chariot comes to a standstill. For this, lawyers and judges should work together to give justice to the people who live in the last village of this country. Unless people have the knowledge of their rights, the rights are of no use.' In a key policy suggestion, the CJI urged the Chief Justice of the J&K High Court to consider establishing a separate bench for the Union Territory of Ladakh, acknowledging the consistent demand raised by the Ladakh Bar.
