GUIDELINES
LEGAL AID
Legal aid is an essential part of the Administration of Justice. “Access to Justice for All” as laid down by the National Legal Services Authority is the aim of the Sikkim State Legal Services Authority. The goal is to secure justice to the weaker sections of the society, particularly to the poor, downtrodden, socially backward, women, children, differently abled etc. Steps are needed to be taken to ensure that nobody is deprived of an opportunity to seek justice merely for want of funds or lack of knowledge.
Entitlement for Legal Aid as per Section 12 of the Legal Services Authorities Act, 1987.
 
  1. Members of the Scheduled Caste or Scheduled Tribes.
  2. Victims of trafficking in human beings, or ‘beggar’ (forced labour) as is referred to in Article 23 of the Constitution.
  3. Women.
  4. Child i.e. a person who has not attained the age of 18 years (or upto 21 years if he is under the guardianship of some person as per the provisions of the Guardians and Wards Act, 1980).
  5. Mentally ill or otherwise disabled persons such as those suffering from blindness, low vision, hearing impairment, mental retardation, locomotor disability and also leprosy-cured patients.
  6. Persons under circumstances of undeserved want such as being victims of mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or,
  7. Industrial Workmen; or,
  8. Persons 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 Children’s Home, Observation Home, Shelter Home and Special Home within the meaning of clauses (e), (o), (u) and (v) respectively of Section 2 of Juvenile Justice (Care and Protection of Children) Act, 2000.
  9. Persons in a psychiatric hospital or nursing home within the meaning of clause (q) of Section 2 of the Mental Health Act, 1987; or,
  10. Section 17 of the Sikkim State Legal Services Authority Rules, 1995 state as follows:-

     

    The upper limit of annual income of a person entitling him to legal services under clause (h) of Section 12 of the Legal Services Authorities Act, 1987, if the case is before a Court, other than the Supreme Court:-

     

    “Persons whose annual income from all sources does not exceed Rs. 1,00,000/- (Rupees One Lac), or such higher amount as may be notified by the State Government from time to time, shall be entitled to legal services under clause (h) of Section 12 of the Act.”

     

  11. Section 7 of the Supreme Court Legal Services Committee Rules, 2000 state as follows:-

     

    The upper limit of annual income of a person entitling him to legal services under clause (h) of Section 12 of the Legal Services Authorities Act, 1987, if the case is before the Supreme Court:-

     

    “A person whose annual income from all sources does not exceed Rs. 1,25,000/- (Rupees One Lac Twenty Five Thousand), or such higher amount as may be notified by the State Government from time to time, shall be entitled to legal services under clause (h) of Section 12 of the Act.”

     

For more information please contact:-

Sikkim State Legal Services Authority,

Bye-Pass Road, Near Power Sub-Station,

Sichey, Gangtok,

East Sikkim-737101.

Ph : 03592-284753, 03592-284753

District Legal Services Authority (South/West),

District Courts Complex,

Namchi-737126,

South Sikkim

Ph : 03595-263145, 03595-263807, 03595-264358

Click here to download form of application for Legal Aid or Advice.
 
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