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If we look a bit deeper, at the structure of the Preamble of our Constitution, the solemn resolve of the People of India, apart from constituting India into a sovereign, socialist, secular, democratic republic was to secure to all its citizens ‘Justice’, in all its social, economic and political forms. The placement of ‘Justice’ in the structure of the ‘Preamble’ before liberty, equality and fraternity is not accidental, but reflects far greater understanding in the minds of the founding fathers of the nation as to the importance of Justice as the fundamental desirable in the constitution of our nation. Because the very conception of liberty, equality and fraternity cannot be there, unless there is justice and the equation that emerges is that Justice = liberty, equality and fraternity and vice versa.
On the other hand, the importance of ‘Institutions’ in a polity and more so in a democratic polity emerges from the fact that, the human life in historical terms, is short; The human existence is like a relay race where one generation runs its part and then hands over the baton to the next generation to complete its share of running and it continues. And this running can only be smooth and remain on track when there are ‘Institutions’ to facilitate that and is not expressed better than the phrase “king is dead, long live the king”.
In this context one institution, besides many others, which is trying its best to achieve that first desirable of Indian Constitution which goes by the name ‘Justice’ is the National Legal Services Authority (‘NALSA/Authority’).
Constituted under the Legal Services Authorities Act, 1987 to provide free Legal Services to the weaker sections of the society and to organize Lok Adalats for amicable settlement of disputes.
In every State, State Legal Services Authority has been constituted to give effect to the policies and directions of the NALSA and to give free legal services to the people and conduct Lok Adalats in the State. The State Legal Services Authority is headed by Hon’ble the Chief Justice of the respective High Court who is the Patron-in- Chief of the State Legal Services Authority. In every District, District Legal Services Authority has been constituted to implement Legal Services Programmes in the District.
In an interview to Lex Witness, Mrs. Asha Menon, Addl. District & Sessions Judge, who is currently serving as its Member- Secretary shared her thoughts on the vision, mission and the challenges the Authority. According to her the focus of the Authority is to ensure that committed and competent lawyers are brought on board to achieve its objectives. In that regard not only awareness camps of the existence of such service amongst the least knowledgeable are being organised but an army of competent paralegals who are mostly drawn from the community is also being created. These paralegals not only help in ensuring awareness but also encourage the needy to avail the services of legal aid clinics. Legal Aid has become a fundamental right of the deprived and marginalized people of the society. NALSA in August 2011 has notified National Legal Services Authority (Legal Aid Clinics) Regulations, 2011, which defines Legal Aid Clinic as the facility established by the district legal services authority to provide basic legal services to the villagers with the assistance of the Para-Legal Volunteers or Lawyers, on the lines of a primary health centre providing basic health services to the people in the locality. It includes the legal aid clinic run by the law colleges and law universities also.
Till 31.03.2013 around 1,35,56,000 persons were benefited through legal aid and advice throughout the country out of which about 15,71,000 people belong to Schedule Castes and 5,84,000 belong to Schedule Tribes. As many as 12,49,000 women have benefited out of the legal services rendered by NALSA and its State counter-parts. Around 3,78,000 prisoners were also given legal services. Around 11,19,000 Lok Adalats have been organized in the country till 31.03.2013, in which 4,29,33,000 cases have been settled. Of these settled cases, 21,04,000 cases were relating to motor accident compensation. The compensation disbursed in these cases has been to the tune of around Rs.11577,84,38,000. A large number of national and regional level conferences, conventions, workshops and training courses have also been conducted by NALSA throughout the country. NALSA has also undertaken legal aid to the HIV affected persons and the Transgender people. NALSA has also filed Social Justice Litigations in the Hon’ble Supreme Court of India in respect of plight of Vrindavan Widows, rights of the Transgender community and environmental issue of illegal Sand Mining.
In conclusion, and in identifying itself with the mission of NALSA, Lex Witness also solemnly resolves to offer its platform to the news, views, thoughts and analysis which pertain to the achievement of that first desirable of our Constitution.
The LW Bureau is a seasoned mix of legal correspondents, authors and analysts who bring together a very well researched set of articles for your mighty readership. These articles are not necessarily the views of the Bureau itself but prove to be thought provoking and lead to discussions amongst all of us. Have an interesting read through.
Lex Witness Bureau
Lex Witness Bureau
For over 10 years, since its inception in 2009 as a monthly, Lex Witness has become India’s most credible platform for the legal luminaries to opine, comment and share their views. more...
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