Question

Farhan is an up-and-coming artist and makes a living selling his paintings. Since he is not very well known yet, he isn’t able to sell too many paintings, and is dependent on aid from the government and well-wishers. He reads about a new Central Government scheme in the papers one day, under which artists would be provided a monthly stipend by the local government. Since he finds the language of the scheme document very complex to understand, he approaches NALSA for help in understanding the scheme and obtaining the stipend. Is he entitled to free legal aid from NALSA in this regard? (Answer the question after reading the following paragraph).

Free legal aid is the provision of free legal services in civil and criminal matters for those poor and marginalised people who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any Court, Tribunal or Authority. These services are governed by the Legal Services Authority Act, 1987 (the “Act”) and provided by the National Legal Services Authority (“NALSA”).
Provision of free legal aid includes:
• Representation by an advocate in legal proceedings;
• Payment of process fees, expenses of witnesses and all other charges payable or
incurred in connection with any legal proceedings in appropriate cases;
• Preparation of pleadings, memo of appeal, paper book including printing and
translation of documents in legal proceedings;
• Drafting of legal documents, special leave petition etc.; and
• Supply of certified copies of judgments, orders, notes of evidence and other documents
in legal proceedings.
Free legal aid also includes provision of aid and advice to the beneficiaries to access benefits under welfare statutes and schemes framed by the Central Government or the state governments and to ensure access to justice in any other manner. Free legal aid is not confined to cases before the subordinate courts. Free legal aid must be provided to the needy from the lowest court to the Supreme Court of India.
According to Section 13(1) of the Act, any individual who satisfies any criteria under Section 12 is entitled to receive free legal aid, provided that NALSA is satisfied that such person has a genuine case to prosecute or defend the matter. There is hence no bar as to which kind of cases one can apply and not apply for. Section 12 of the Act includes

the following:
• a member of a Scheduled Caste or Scheduled Tribe;
• a woman or a child;
• a person with a disability;
• an industrial workman; or
• a person in police custody.

[Extracted, with edits and revisions, from “FAQs”, National Legal Services Authority]

Option A: No, since free legal aid does not include provision of help to understand and access benefits under government schemes.

Option B: No, since he does not fit within any of the categories under Section 12 of the Act.

Option C: Yes, since free legal aid included provision of help to understand and access benefits under government schemes.

Option D: Yes, since he is a struggling artist, and is dependent on aid for survival.

Correct Answer

Option: b

Explanation

Section 12 of this Act provides Criteria for giving legal services.

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