Introduction | Statement on Legal Aid Beneficiaries

 LEGAL AID:

  • Free and competent legal services are made available to all sections who fulfil the requisite criteria laid down under Section 12 of the Legal Services Authorities Act, 1987 read with Regulation 28 and 29 of the Sikkim State Legal Services Authority Regulation, 1998.
  • The Income Ceiling for those entitled u/s 12(h) of the Act has been raised from Rs. 75,000/- per annum to Rs. 1,00,000/- per annum vide Notification No. 127/LD/2010 dated 23/3/2010. The Sikkim State Legal Services Authority has provided legal aid to 6002 beneficiaries (w.e.f. April 1998 to December, 2013)
  • Monitoring Committee as per Regulation No. 10 of the (Free and Competent Legal Services) Regulations, 2010, of NALSA have also been constituted for the High Court of Sikkim and District Legal Services Authorities vide Notification No. 88,89/SLSA dated 4/11/2011.

ENTITLEMENT OF LEGAL SERVICES:

Criteria for giving legal services:

Every person who has to file or defend a case shall be entitled to legal services under this Act if that person is-

  1. a member of a Scheduled Caste or Scheduled Tribe;
  2. a victim of trafficking in human being or beggar as referred to in Article 23 of the Constitution;
  3. a woman or a child;
  4. a mentally ill or otherwise disabled person;
  5. a person under circumstances of undeserved want such a being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earth quake of industrial disaster;
  6. an industrial workman;
  7. in custody, including custody in a protective home within the meaning of clause (g) of section 2 of the Immoral Traffic (Prevention) Act, 1956,
    or in a juvenile home within the meaning of clause. [104 of 1956]
  8. of section 2 of the Juvenile Justice Act, 1986, or in a psychiatric hospital or psychiatric nursing home within the meaning of clause [53 of 1986]
  9. of section 2 of the Mental Health Act, 1987; [14 of 1987]
  10. in receipt of annual income less than rupees fifty (50) thousand or such other higher amount as may be prescribed by the State Government, if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Government, if the case is before the Supreme Court.

Entitlement to legal services:

  1. Persons who satisfy all or any of the criteria specified in section 12 shall be entitled to receive legal services provided that the concerned Authority is satisfied that such person has a prima facie case to prosecute or to defend.
  2. An affidavit made by a person as to his income may be regarded as sufficient for making him eligible to the entitlement of legal services underthis Act unless the concerned Authority has reason to disbelieve such affidavit.

Legal Aid Activities of this Authority:

  1. Legal Aid Counsel Scheme
  2. Jail Visitor Advocates
  3. Raising of Income Ceiling to avail Legal Aid Facilities
  4. Competent & Quality Legal Services to the Aided Persons
  5. Accreditation of Non-Governmental Organisations
  6. Marriage & Family Counseling Centres
  7. Observance of Legal Services Day
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