Introduction
For those readers who don’t
know, amongst all the bodies I work for, I am on panel of Delhi Legal Services
Authority (DLSA) wherein I perform tasks and handle cases that are marked to my
name. I have been working for DLSA since 2019 onwards and have performed over
250+ tasks and cases combined till now. Over the years there have been many
instances in my career where clients and other people concerned have asked me
questions pertaining to DLSA and free legal Aid, which made me question if awareness
campaigns about DLSA are even working. This has eventually led me to gather
some of those questions and write this blog in a question answer form, which I expect
will help the readers to understand and resolve doubts about free legal aid
once and for all.
I have collected 30
questions about the same and will be posting it in form of two separate blog
articles. Let’s start
Ques. 1. Am I eligible for free Legal Aid?
Ans: Every person who has
to file or defend a case shall be entitled to Free legal Aid from DLSA or NALSA
if that person is –
a.
a member of a Scheduled Caste or Scheduled
Tribe;
b.
a victim of trafficking in human beings
or begar as referred to in Article 23 of the Constitution;
c.
a woman or a child;
d.
a mentally ill or otherwise disabled
person;
e.
a person under circumstances of undeserved
want such as being a victim of a mass disaster, ethnic violence, caste
atrocity, flood, drought, earthquake or industrial disaster; or
f.
an industrial workman; or
g.
in custody, including custody in a
protective home within the meaning of clause (g) of section 2 of the Immoral
Traffic (Prevention) Act, 1956 (104 of 1956); or in a juvenile home within the
meaning of clause (j) of section 2 of the Juvenile Justice Act, 1986 (53 of
1986) or in a psychiatric hospital or psychiatric nursing home within the
meaning of clause (g) of section 2 of the Mental Health Act, 1987 (14 of 1987);
or
h.
Person
having annual income less than Rs. 3 Lac
i.
Senior
Citizen having annual income less than Rs. 4 Lac
j.
Transgender
annual income less than Rs. 4 Lac
k.
Acid Attack
Victim
l.
Person
infected and affected with HIV AIDS
Ques. 2. What all documents should I have when applying for free legal aid?
Ans: So, the general rule
is to have documents to support the category under which you want to apply for
free legal aid. With such documents, one must also have to file an affidavit
disclosing his/her income with an ID proof such as Aadhar Card.
So, for example a man,
Ramesh, wants to get free legal aid, he must carry with him an Affidavit
disclosing his income, his government recognised ID Card and also the details
of the case filed against him or the one he wants to file. If Ramesh is from
SC/ST category, then he must also have with him such documents as recognised by
the government. If Ramesh is mentally ill or disabled otherwise, he must carry
documentary proofs accepted by the government.
Ques. 3. Can I get a DLSA Advocate appointed for other co-parties in my case?
Ans: “Each Pary for their
Own” is the general rule. If you are eligible for free legal aid, does not
necessarily mean that other parties or co-parties in a case are also eligible
for the same. Each person getting the free legal aid must satisfy the DLSA for
granting of the same, individually. Free legal aid cannot get carry forward.
Every party mut themselves fall into one or more conditions mentioned above to
be eligible for free legal aid.
For example, Two men X
and Y are charged for cheating. X is from SC/ST category and hence eligible for
free legal aid, whereas Y is not falling under any such brackets, hence is not
eligible for free legal aid. Now because X is a millionaire, he wants his legal
aid to be transferred to Y. X cannot do that. Y needs to be individually be
eligible for it, or else he cannot get free legal aid.
Yes, in the given
situation, if X and Y both were in jail/ imprisoned, then they both would be
eligible for free legal aid regardless of the social category, income or other
variables.
Ques. 4. This is the first criminal/civil case against me. Am I still eligible for free legal aid?
Ans: Absolutely. No
matter if it’s the first case against you or the 100th case against
you, if you fall in either of the conditions mentioned above, you are eligible
for free legal aid by DLSA. And not just in cases “against you” but also in
cases you want to file against someone, if you are eligible, you will get free
legal aid.
Ques. 5. The case against me is false. I worry if I engage advocate through DLSA, it would look like as if I am guilty. Does it?
Ans: Not at all. Getting
a lawyer appointed in your case, whether he is private counsel or appointed by
DLSA, does not make you look guilty or innocent in the eyes of law. The counsel’s
job is to represent you and your case in before the court of law and not there
to provide weightage or credibility to your case. It is just good sense to have
an advocate represent you in a court of law who knows the basic code of conduct
and demeanour of the court and laws under which you are being prosecuted, than
an ordinary person represent himself who has never been to a court.
Ques. 6. Does DLSA provide legal aid in only fresh cases or does it provide even in already pending cases?
Ans: Yes, DLSA does
provide free legal aid in both types of cases, fresh cases as well as pending
cases. The Authority is established to provide free legal aid to the ones who
are eligible and does not discriminate between types of cases. No matter where your
case is to be filed/is pending, may it be before a court or a specialised
tribunal, if you are eligible for free legal aid, you can get a Legal Services
Advocate(LSA)/ Legal Aid Counsel (LAC) to represent your case before such court
or tribunal.
Ques. 7. I am currently falling in eligibility criteria for DLSAs free legal aid, but what if I start earning more. Will I loose the appointed counsel if I become ineligible in future?
Ans: Legal Aid is awarded
on the basis of present conditions and if they are making up for eligibility of
the individual for free legal aid. The concerned Secretary of the district/
court/ tribunal makes the final call if one is eligible for free legal aid or
not. It is not done on basis of what condition will be applicable or not in
future. However, the concerned Secretary awarding free legal aid, may upon any
application/ complaint or even Suo-moto, may or may not look into the arguments
validating against grant of free legal aid anytime in future.
Ques. 8. Can I not provide the appointed advocate with all the documents I have in my case and expect him/ her to do wonders for my side in my case?
Ans: The precondition to
getting satisfactory representation in your case is one’s co-operation with
their counsel. It does not matter if the counsel is private or LAC, if he/she
does not have all the resources and knowhows available to defend your case that
you have and the other parties counsel have, they are bound to struggle
defending you.
I have come across many
such clients who think just because I am LAC, someone appointed by government,
I would be having special access to documents and case files etc. because of
this they do not hand me over their basic documents and case files and ask me
to precure the same on my own. By doing this, if anything, they are hurting
their own interest as the time for procurement of such documents will add up
and will lead to pileup their case. Further those who don’t like to provide the
correct and true facts of the case also end up harming themselves.
Ques. 9. Am I legally bound to peruse the advice given by my DLSA counsel or can I get a second opinion in my case?
Ans: Advises are never an
obligation. Your advocate may give you advise to do or to not do specific
things, but one is free to follow them or discard them as they like till the
time they are the ones who need to execute on ground. But it is always
“advisable” to follow such advises given by your counsel.
You can defiantly get
second opinions from other private counsels, but you cannot force the LAC to
pursue such second opinions without reason. For that it is recommended you go
hire the private counsel you got the opinion from and let the LAC go.
The thing is, in law,
there are more than just one way to go and reach the desires results in your
case. Each strategy adopted has its pros and cons. One counsel may feel better
equipped to gather desired results by adapting a particular strategy which may
be completely different from the one adopted by another counsel. The results
will eventually be same. Have trust in your counsel and let him defend you.
Ques. 10. Can I trust the lawyers that are appointed through DLSA?
Ans: “Sarkari hai, bekar
hi hoga!” is the misconception generally present in the ones getting free legal
aid for the first time. The actual reality being completely opposite to the
current notion. The government through bodies like NALSA and DLSA have been
making an effort to provide the best possible representation to the ones who
could not afford it. For this they bring in best possible advocates, with
distinct standing at Bar (i.e. experience) and with proper knowledge of the theoretical
as well as practical aspects of laws.
LAC (Legal Aid Counsels)
and LADC (Legal Aid Defence Counsels) are the two types of advocates that DLSA
has on its disposal. Both LACs and LADCs go through a rigorous selection
procedure to get appointed to their respective panels. Then both LACs and LADCs
are made to go through a mandatory rigorous training process conducted by DLSA
and NALSA before they are given any cases to represent. Further, these
advocates are also given opportunity to participate in other training processes
throughout their term of appointment so as to further refine knowledge and
ability to represent DLSA clients. How
many private counsels can you remember that have gone through such a rigorous process?!
Bottomline being, not
everything that government does for you have to be substandard.
Ques. 11. Can I confess before my appointed advocate or because he is working for the Government do I need to be careful in what I tell him/her and alter/change the real facts of the case so as to stay out of trouble?
Ans: Absolutely. You can
and you should present the true facts or your version of the facts in your case
for your counsel to be able to represent you better in the court. A counsel
appointed by government with his client also has the same fiduciary relationship
that one may have with other private counsels. Their communication is
inadmissible as evidence in any court of law as privileged communication so as
to protect the trust and confidence between them. He deserves to know the true facts of your
case in order for him/her prepare a good case/ defence for you in your case.
Ques. 12. My DLSA Advocate is also handling other private cases on the side? Can he/she do that or do I make a complaint about this to respective authority?
Ans: Advocates empanelled
to DLSA can do other private cases of other private clients as part of their
practice. However, it would not be morally justified for someone to be
appointed in as LAC in one of your cases and filing other matters privately for
you, since inherently you are still eligible for free legal aid and you are
someone who requires free legal aid. But there are cases where parties and
their counsels go for such an option and there is no such restriction for them
to not do it from NALSA or DLSA in this respect.
My opinion being in this
regard, to stick with my morals and ethics no matter the financial gain that
may come with ignoring the same. Anything and everything that is not oppose
to laws and benefits the aggrieved person must be done irrespective of the
monetary gain or losses.
Ques. 13. I have this lady/ my wife getting advocates from DLSA and filing multiple cases against me and others? Can she do this? Isn’t it unfair to male members of society?
Ans: No, it isn’t. It’s a
step against women oppression and towards women empowerment. Not just Women,
but all the distinctively oppressed parts of the society may it be differently
abled people, may it be people from SC/ST category or workmen in industries,
all have a history where the people in majority have shown the tendency to deal
with such sections of the society in a way where they are not termed equals.
Hence when a body like DLSA empowers such sections of society with free legal
aid, it’s a way of trying to make the balance of the society to be pointing in
as equal rather than tipping in favour of one side or the other.
It is also true that this
privilege is often seen to be misused by some people of the society in creating
nuisance against other people by exploiting it as a loophole. But we have to
understand that the greater good is what needs to be kept in mind when dealing
with such social problems. I also believe that such people who misuse such
schemes shouldn’t be allowed to use them. But for that one needs to prove the
“misuse” by this person, which is entirely another ballgame in itself. Without
Judicial reforms in our country, this is certainly not possible.
Ques. 14. My opposite party already has a DLSA appointed LAC filing and arguing their case. Does this exhaust my right to claim for free legal aid?
Ans: No, certainly not.
As I have said before, right to legal aid is individual right which every
eligible person can claim for themselves. It does not matter who all have
already availed this right in your case or in other cases. If you are eligible
then you can ask for a LAC to represent you in court of law for free. Certainly,
does not affect your right to claim legal aid if opposite party has already
availed it.
Ques. 15. So, does that mean I can have the same LAC appointed for me as for the opposite party?
Ans: No, you can have
another LAC represent you in your case other than the one already representing
the opposite party. DLSA isn’t short on advocates on their panel. They can
appoint each party their own counsel if the need so arises.
Having the same counsel
represent both sides violates the rules of natural justice and hence cannot be
done. Ideally any person who might have represented one party in a case should
not be allowed to later switch sides to represent opposite party in the same
trial, and this does not just apply to DLSA appointed advocates, but also to
private counsels.
More Questions to Follow in Part-2
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Sources/ References :
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Related Blogs:
1.
Perspective Dive: Community Service as an Alternative Punishment in BNS
1.
National Lok Adalat: Bridging Justice Beyond Courtrooms With A Hint of Compassion
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Disclaimer:
This Article/essay provides general information and does not constitute legal
advice. Consult a qualified legal professional for specific cases.
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you find this Article to be of any relevance, please feel free to give your
feedback to the author via commenting below. Consider following my blog. For
any query or suggestions, you can email the author at support@legalprobe.in
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