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 member of a Scheduled Caste or Scheduled Tribe;
- a victim of trafficking in human beings or beggar as referred to in Art. 23 of the Constitution;
- a woman or a child;
- a person with disability as defined in clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Right and full Participation ) Act, 1995;
- a person under circumstances of undeserved want such as being a victim of mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster,
- an industrial workman;
- in custody, including custody in the protective home within the meaning of Cl. (g) of sec. 2 of the Immoral Traffic(Prevention) Act, 1956(104 of 1956) or in a juvenile home within the meaning of Cl. (j) of sec. 2 of the Juvenile Justice Act, 1986(53 of 1986) or in psychiatric hospital or psychiatric nursing home or within the meaning of Cl. (g) of sec. 2 of the Mental Health Act, 1987(14 of 1987);
- a person with an annual income of less than Rs 1,50,000/- ( For Punjab and Haryana) and Rs. 1,00,000/- for U.T. Chandigarh.
- Freedom fighter or dependant (Only for Haryana);
- a member belongs to Backward Class (Only for Haryana);
- an ex-serviceman, and the families of such persons who have died
in action (Only for Haryana);
- Senior Citizen. (Only for Haryana);
- Person belonging to Transgender Society (Only for Haryana);
This section specifies the criteria of persons entitled to get legal services.
Entitlement to legal services:
- Persons who satisfy all or any of the criteria specified in sec. 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 defend.
- 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 under this Act unless the concerned Authority has reason to disbelieve such affidavit.
This section lays down that persons are entitled to receive legal services only when the concerned authority is satisfied that such person’s need is genuine.
“Person”- The word “person” has been used to make it clear that in order to exercise the powers of a controller under the Act, the statutory functionary has to be duly appointed by the Government and that he is persona designate or designated person.