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Governance

National Legal Services Authority (NALSA)

About

  • The National Legal Services Authority (NALSA) is an NGO that was set up in response to the legal services authorities Act 1987 in compliance with the constitutional mandate of offering free legal services as well as access to justice to the weaker section of the society.
  • It is based on the provisions of Article 39A, Article 14, and Article 22(1) of the Indian Constitution and NALSA is expected to establish a legal system founded on the equality of opportunity.

Objectives of NALSA

  • To offer quality and free legal services to the less powerful in the society.
  • To see that justice is not denied to any based on social, economic, or other forms of disability.
  • To facilitate and track the adoption of legal aid programs in the country.

Functions of NALSA

  • Free Legal Services: It is to provide able people with adequate legal assistance to ensure their access to justice.
  • Arrangement of Lok Adalats: Aiding friendly dispute resolutions so as to lessen the court pendency.
  • Awareness Campaigns: This involves carrying out legal awareness campaigns in the rural and poor regions to inform people about their rights and free access to legal assistance.

Recent Initiatives by NALSA

  • During the month of April to June, 2023, NALSA conducted 92,497 awareness campaigns, targeting a population of more than 57 lakh people in the country.
  • These initiatives help in reinforcing the justice delivery, especially to marginalized groups.

Problems and drawbacks of Alternate Dispute Resolution (ADR) Methods

  • Fitting the Compatibility in a Time of Multifaceted Contests: Frequent challenges regarding the effectiveness of ADR mechanisms in dealing with modern day legal disputes are that they tend to be ineffective with complex legal disputes.
  • Potential of Bias: ADR is informal, which makes the decision-making more prone to bias.
  • Absence of Legal Precedents: ADR resolutions lack legal precedents that restrict their ability to influence the future court decision.
  • Weak Judicial Review: ADR awards are not open to extensive court review, which poses the issue of fairness and justice.
  • Absence of Awareness: Due to the rural locations, most individuals are not aware of ADR mechanisms, which limits their availability and usefulness.
  • Wasting Resources due to the inability to settle some disagreement: In the event that ADR is unable to settle some disagreement, time and finances are likely to be wasted only to turn to the old methods of litigation.

Way Ahead

  • Enhancing use of Technology: Implementation of Internet based legal aid projects and use of virtual Lok Adalats.
  • Capacity Building: Educating the mediators and arbitrators to deal with complicated disputes efficiently.
  • Strong Awareness Campaigns: A campaign aimed at sensitizing people who are prone to exploitation such as women, children, and marginalized communities to sensitize them on their legal rights.
  • Promoting Community Engagement: Community involvement in legal awareness campaigns in order to improve outreach.
  • Extending Co-operation: Co-operation with civil society and NGOs to enhance the provision of free legal services.
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