The Covid-19 pandemic has led to the release of around 11,077 undertrials from prisons nationwide, according to the National Legal Services Authority (NALSA). This effort is part of a mission to decongest jails and contain the spread of the virus among the prison population.
NALSA’s Role and Assistance
NALSA has been extending aid to prisoners who are eligible for release on parole or interim bail under relaxed norms. This assistance is rendered via its panel of lawyers. The main role of NALSA in this context is to facilitate the strategic release of prisoners to help reduce congestion in correctional facilities during this pandemic.
Supreme Court Order
The Supreme Court ordered all States and Union Territories to establish high-level panels with the responsibility of reviewing and releasing convicts jailed for up to seven years on parole. This decision was taken to further the goal of decongesting penal institutions and minimize the risk of Covid-19 transmissions within these spaces. The Court’s bench also suggested that undertrials awaiting judgment for offenses carrying a maximum sentence of seven years should be extended a similar benefit.
Role of Local Legal Services Authorities
Local legal services authorities have been actively aiding these high-level panels in identifying undertrials suitable for bail release under the current circumstances. Reports received from 232 districts reveal that approximately 11,077 undertrials and 5,981 convicts have been released so far.
About National Legal Services Authority
NALSA, a statutory body, was formed under the Legal Services Authorities Act of 1987. It is tasked with providing free legal aid to society’s weaker sections and organizing Lok Adalats (alternative dispute resolution mechanism) for the amicable settlement of disputes. Section 12 of the Legal Services Authorities Act, 1987 outlines the criteria for providing legal services to eligible individuals.
Constitutional Provisions
In accordance with Constitutional Provisions, Article 39A of the Indian Constitution mandates the state to ensure that the legal system promotes justice on an equal opportunity basis. The state is particularly required to provide free legal aid through suitable legislation, schemes, or other means to prevent the denial of opportunities for securing justice for any citizen because of economic or other disabilities. Articles 14 and 22(1) make it obligatory for the State to ensure equality before the law and a legal system promoting justice on an equal opportunity basis.
Leadership and Structure
The Chief Justice of India serves as Patron-in-Chief, while the second senior-most Judge of the Supreme Court of India acts as the Authority’s Executive Chairman. At the state and district levels, State Legal Services Authority and District Legal Services Authority have been established to implement legal service programs under NALSA’s policies and directives.
Relevance to Sustainable Development Goals
NALSA’s role and efforts are directly linked to achieving the Sustainable Development Goal-16, which aims to “Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels”.
