The essentials
Section 12 of the Legal Services Authorities Act, 1987 lists the persons entitled to free legal services. Some are entitled because of social vulnerability, whatever their income; others because their income is below a limit fixed by the government. Under Section 13, an eligible person gets legal services if the authority is satisfied that he or she has a prima facie case; an affidavit about income is ordinarily accepted.
Key points
- A member of a Scheduled Caste or Scheduled Tribe.
- A victim of trafficking in human beings or begar (forced labour), as referred to in Article 23.
- A woman or a child.
- A person with disability.
- A person in circumstances of undeserved want, such as a victim of mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster.
- An industrial workman.
- A person in custody, including in a protective home, juvenile home, or psychiatric hospital or nursing home.
- A person whose annual income is below the limit prescribed by the State Government (or the Central Government for Supreme Court cases).
- Types of services: paying court fees and other charges, providing a lawyer, supplying certified copies, preparing appeals and documents, and giving legal advice.
Exam tips
- Remember that women and children qualify irrespective of income.
- Do not memorise income limits; they differ between states and are revised over time.
Common mistakes
- Thinking only poor persons can get legal aid.
- Forgetting the prima facie case requirement – legal aid is not given for clearly baseless claims.
Practice questions
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