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Chapter IV

Entitlement to Legal Services

12. 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-

(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;

4[(d) a person with disability as defined in clause (i) of section 2 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996);]

(e) a person under circumstances of underserved 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

1[(h) in receipt of annual income less than rupees nine 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.]

1. The words ", in consultation with the State Government," omitted by Act 59 of 1994, s. 8 (w.e.f. 29-10-1994).

2. Ins. by s. 9, ibid. (w.e.f. 29-10-1994).

3. Subs. by Act 37 of 2002, s. 2, for "senior Civil Judge" (w.e.f. 11-6-2002).

4. Subs. by Act 1 of 1996, s. 74, for clause (d) (w.e.f. 7-2-1996).



Legal Services Authorities Act, 1987 Back




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