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DLSA

 

District Legal Services Act (DLSA) is formed under Legal Services Authorities Act, 1987 to provide free and legal aid and services to the weaker sections of this society to make sure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Legal Services Authorities are statutory bodies that are formed or constituted in the various states of India by the Legal Services Authorities Act, 1987. Justice P.N. Bhagwati formed DLSA under the Legal Aid Committee formed in 1971.

Article 39-A of the Indian Constitution deals with the provision of providing free legal services to the citizens of India. The provision is applicable to the citizens if they are unable to bear the expenditure of the legal services. It also helps the defendant in a case by appointing a lawyer in order to act for him in legal aspects.

Section 2(a) of the Legal Services Authorities Act, 1987 states that the term ‘district authority’ means a District Legal Services Authority which is constituted under Section 9 of the Act. The DSLA is a statutory body organized at the district levels in order to provide effective monitoring of legal aid programmes and their composition. The provisions related to DLSA are dealt with under Section 9 and Section 10 of the Act.

District Legal Services Authority is constituted in every District so that there must be proper implementation of Legal Aid Programmes and Schemes in the District.

 

Composition of DLSA

The composition of DLSA is mentioned in Section 9(1) of the Legal Services Authorities Act, 1987. Its states that the DLSA is a body that shall be constituted by the State Government in consultation with the Chief Justice of the High Court. It shall be constituted in every District in the State in order to exercise the powers and perform the functions which are assigned under this Act.

Sub-section 2 of Section 9 explains the members required for the functioning of DLSA. It provides that a District Authority requires the district judge as its chairman. It shall also consist of such number of other members who have the experience and qualifications as prescribed by the State Government. The members possessing such requirements may be nominated by the Government in consultation with the Chief Justice of the High Court.

Section 9(3) of the Act mentions that the State Authority shall appoint a person in consultation with the Chairman of the District Authority to exercise the powers and perform the functions under the Chairman as may be prescribed by him. The person to be appointed shall belong to the State Judicial Service not lower than rank than that of a Subordinate Judge or Civil Judge posted at the seat of the District Judiciary as Secretary of the District Authority. Assistant Commissioner of the concerned District acts as the Member Secretary of the District Authority.

The number of officers and other employees may be appointed by the District Authority as the State Government prescribes to do. The appointment must be done in consultation with the Chief Justice of the High Court. Sub-section 5 of Section 9 of the Act has this explanation.

 

Activities

The DLSA is interested in the below-mentioned activities:

DLSA helps in providing free and competent legal aid in the nature of counselling and legal advice as well as free legal services in the conduct of cases before Courts and Tribunals.

It organizes regular Lok Adalats for the pending cases of all types every as well as special Lok Adalats for special categories of cases every month. The costs and delays are limited with the help of Lok Adalats and they also ensure speedy justice overcoming legal technicalities.

The responsibilities of pre-litigation dispute resolution through conciliation mechanism is also undertaken by the DLSA. It is done by establishing Permanent Lok Adalats in each district where the matters relating to Public Utility Services are taken up for settlement.

DLSA is also engaged in spreading Legal Awareness among the public, targeting particularly the beneficiaries of social legislation and the public at large on various issues of legal importance.

For rendering free legal aid to under trial prisoners whose cases are pending in the Courts, a special endeavor is made.

A Legal Literacy Classes in colleges, jails, and Legal Awareness programmes for women and children in need of care and protection are organized by DLSA.

 

Beneficiaries of Free Legal Aid and Services:

 

There are various categories of people to whom free legal aid and services are provided. They are as follows:

DLSA provides it to a member of Schedule caste or Schedule tribes.

A victim of human trafficking or beggar as mentioned under Article 23 of the Constitution also falls under this category.

It also includes women or children.

Some disabled people with respect to vision, locomotion, hearing, and mental problems are also entitled to it.

It also includes a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake, or other industrial disasters.

An industrial workman is also included under this.

It also includes a person in custody including juveniles.

Lastly, a person with an annual income of less than Rs. 9,000 or other such higher amount as prescribed by the State Government when the case is before any other court than Supreme Court and less than Rs. 12,000 or other such higher amount as prescribed by the Central Government, if the case is before the Supreme Court are also included under this category.