A study from National Law University, Delhi
(NLUD) has found that people don’t have faith over the services of legal aid
counsel (LAC) under the free legal aid services due to a variety of factors.
According to the study, 75% of the surveyed beneficiaries
opted for free legal aid service due to the dearth of resources to engage a
private lawyer. Further, 22.6% of the beneficiaries responded that they won’t
opt for free legal aid services for the second time.
The survey found that 56% of LAC spends an
average of 1 to 10 hours per week on legal aid cases. On the contrary, around
58% LAC spend on an average of 20 hours and above per week on private cases.
Further, according to the survey, 52% of
judicial officers rated the overall skill set of a private legal practitioner
as of fairly good quality and that of LAC as of moderately low quality.
The study has put forward few recommendations to
improve the commitment of LACs. These include: a) giving LACs a permanent post in
contrast to the current ad-hoc post, b) making honorarium for a legal aided
case at par with private cases
In 1987, the Legal Services Authorities (LSA)
Act was enacted to give free and competent legal services to a person belonging
to Schedule Tribe and Schedule Caste, woman, child, victim of human
trafficking, differently abled person, industrial workman, and person in
custody in a protective home and the poor.
Under the Act, National Legal Service Authority
(NALSA) and other legal service institutions at the State, district and taluka
level were also constituted.
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