YES
The simple answer would be a yes. It is a basic need of a person to get represented by an advocate. Many a time, people are afraid that they might fall into litigation. This fear is primarily because of two reasons, one is the delay in court procedure, and the second is the fee of the advocate.
WHERE IS MY RIGHT STATED?
Article 21 of the Indian Constitution is where this right originates from. We all have the right to free legal aid. However, since all of us are unequal with respect to the economic index, the one who is economically backwards would be considered first.
The term Legal aid in its sense means providing legal help to those who cannot afford it. Although in criminal cases, the State represent the complainant or the victim, it is necessary for the accused to represent himself. We know that there are multiple cases of false accusations, where the accused would be innocent. in such a situation, it is highly important to give the accused a chance to represent him and prove his innocence. Most of the time the accused may not be able to do it by himself and he would need a lawyer to defend him. If the accused comes from an economically backward background then he won't be able to afford the same. Here, he can make use of his fundamental right (Art. 21) to get free legal aid.
There can be other situations where the complainant himself/herself/themselves won't be able to represent. We see these kinds of situations in Consumer Courts. This Right would come in handy in such circumstances as well.
FROM WHERE WILL I GET A FREE LAWYER?
Now we know we have a right to free legal aid. So who will give this?
In India, we know that majority are unaware of their rights and half of the literate don't know how to get those rights enforced. Hence, rights are often reduced to paper and not exercised.
Anyone in India can approach the Legal Services Authority to exercise this right.
NALSA: We have National Legal Services Authority. It has been constituted under the Legal Services Authority Act, 1987 to provide free legal services to weaker sections of the society and to organize Lok Adalats for amicable settlement of disputes.
Link: https://nalsa.gov.in/
ELIGIBILITY.
Section 12 of the Legal Services Authority Act, 1987 provides the eligibility criteria.
- Member of SC/ST
- Human Trafficking Victim or Begar
- A woman or child
- Mentally challenged
- Persons with other disabilities
- Victims of Mass Disaster, Ethnic violence, Caste atrocity, Natural disasters or industrial disaster
- Industrial workmen
- People in custody- Immoral Trafficking, Juvenile Home, Psychiatric hospital
- Anyone whose annual income is less than Rs. 90,000 (this may vary from time to time)
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