The documentary movie ‘NALSA’ is based upon the National Legal Services Authority of India (NALSA) which was formed on 9 November 1995 under the authority of The Legal Services Authorities Act, 1987. The objective of NALSA is to provide free legal services as a measure of social welfare. Additionally, part of its work also includes organizing Lok Adalats for a speedy resolution of cases. These are also organized at the state and district levels, headed by Chief Justice of High Courts and Chief Judges of District Courts respectively. The Chief Justice of India is patron-in-chief of NALSA and the second senior-most judge of the Supreme Court of India is the Executive-Chairman. The prime objective of NALSA is speedy disposal of cases and reducing the burden of the judiciary with the motto “न्याय सब के लिए” – “Access to Justice for all”
With the help of real-life cases and their narratives, the movie explores the futility and importance of NALSA in the provision of speedy justice to citizens of India. The Objective of the movie is to portray the true spirit of NALSA which works per the values enshrined in our constitution, and more so as enshrined in our Preamble. Perhaps the most well known and recognized case of NALSA is the National Legal Services Authority v. Union of India & Ors. (2014) SC 1863 which was a landmark judgement because it was the first to legally recognise non-binary gender identities and uphold the fundamental rights of transgender persons in India. Furthermore, the judgement also directed Central and State governments to take proactive action in securing transgender persons’ rights.
The Documentary is a crucial piece of media to spread awareness regarding NALSA. Through real-life cases short excerpts from the individuals and authorities involved in the cases, it showcases how functional NALSA is as an organization that does not only aim to provide justice but also aim to spread ‘legal literacy’. One of the misconceptions that people have is that anything related to ‘law’ is only the work of the lawyers. However, all the laws enshrined in our constitution exists in the public domain and are accessible for all. The only thing stopping us from accessing them is lack of willpower, lack of awareness, inherent ignorance or accessibility issues due to lack of infrastructure. The documentary works effectively to make a point that we should all be aware of the laws that are meant to make our lives working smoothly through a variety of perspectives. Additionally due to social, political and economic reasons some people or some part of the population (mostly marginalized folks) are not able to access such crucial information. And that’s where NALSA comes in through its team of diligent and dedicated volunteers, connected through an elaborate and effective system.
The opening line of the movie documentary is our National Song ‘Vande Mataram, translating to “I bow to thee, Mother”. This simple yet effective showcase of patriotism in NALSA’s commitment to all citizens of India. The next scene breaks into the ‘Tiranga’ focussing on ‘Diversity in India’ through the perspective of religion, states, festivals, and rural-urban divides. The song that plays during this time emphasises how everyone is equal under the law and has an equal right to justice. This again refers to our Preamble with Right to Equality – Social, Economic, Political and Constitutional.
Due to different reasons, Equal Justice is not possible especially for the poor, backward and underprivileged. Even though our Constitution has safeguards to protect the rights and interests of such sections, the question of ‘accessibility’ is the greatest hurdle to cross. And that’s where NALSA comes in as it bridges the social, economic and political gap. Another important gap that NALSA bridges up is regarding the financial aspect of legal remedies. Today, getting justice through the present structures is also very expensive. But NALSA provides its services free of cost.
INDIA CONST. art. 14
“The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
INDIA CONST. art. 21(A)
“No person shall be deprived of his life or personal liberty except according to a procedure established by law.”
The origin of NALSA lies within these two articles, which also serves as one of the reasons why it came into existence. In the movie, Hon’ble Justice Virendra Singh says “Even the person at the very end of the line should get justice”, and the same is affirmed by Hon’ble Justice T.B. Radhakrishna when he says “Justice is to be delivered and is to be accessible in accordance with the equality doctrine, equal access to justice is the underline theme of all activities of NALSA.”. These two quotations aptly sum up the motto of NALSA as well, especially given these are coming from Justices makes it also more substantial.
The next part of the movie discusses the structure of NALSA, which is a branched structure, having sub-structures with similar functions at different levels of organizations serving all the citizens of India. Under NALSA, there is state legal services authorities and then district, taluka level authorities reaching villages through paralegal volunteers. This is a root and sub-root systems. They are not lawyers but they are volunteers. They go to the field, to the site and assist them grieved persons legally. These paralegal volunteers give free of cost, substantial, and reliable legal advice/service.
For instance, in an instance where a Senior Citizen was not provided food or care by his son and daughter-in-law, NALSA helped him to regain the house which legally belonged to him. NALSA provided him an advocate that will work free of cost, and take up the case under Senior Citizens Court. His story rings true with thousands of Senior Citizens today who have been deserted from their own families and properties, and this form of discrimination needs to be fought against. Such people find it difficult to engage in legal battles with their own family in the late stages of their life, and that’s where NALSA comes to aid.
Looking at this particular case, and at numerous others that were mentioned in the movie, one can say that NALSA works along the line of ‘Social Work, Community Welfare, and giving back to the Community’ as mentioned by Manbir Rathi, the Panel Lawyer at Haryana State Legal Services Authority. They do so through legal measures, and the fee doesn’t matter much. They believe that just because someone cannot afford litigation, that does not mean that they cannot justice. Justice is a non-negotiable human right.
NALSA also uses effective and creative ways to widen it’s the scope of awareness. For instance, the movie mentions that they use TVs attached to Mobile Vans to spread information and legal knowledge effectively. They also engage with people in conversations regarding how to navigate the legal space. Another story is of Rajdhani, who was working hard all on her own to provide education to her two daughters. Her husband was of no help to her. Even after all the hard work, she did not have enough money to get her daughter’s mark sheet from school, that too just a few days left to apply for admission to a good college. NALSA helped them to get legal aid, and they helped her to reach out to the District Education Officer and her daughter for her mark sheet, and admission into a good college with a complete tuition fee waived off. This kind of work is what increases social mobility for a whole generation, which is instrumental in becoming independent and contributing to the growth and development of the nation.
Along with Social Welfare, NALSA also works deftly to remove stigma working against social evils. Two specific instances from the movie come to mind. The first one is of protecting women who are labelled as a witch (Dayaan) and then harassed a lot. This is not something new, and in fact, has been prevalent for ages. But the fact that this still happens in the rural crevices of the country points to the shameful manifestation of Patriarchy and subsequent curbing of women’s rights and freedom. The other instance is of stopping the menace of ‘Child Marriages’. Perhaps a different approach that was shown in the movie was that NALSA didn’t use the brute force of law to curb these evils. Instead, they sat down with the people and engaged with them empathetically to reach a common consensus. The aim here seems to be to make people aware of the grass roots, a ‘bottom to top’ approach which is essential if we have to tackle something at its very roots.
There is a very brief discussion in the movie about petty offences which in a way clog the system. These offences can be swiftly decided through Lok Adalats and NALSA, with speedy justice and adequate compensation. However, if they are decided in Courts, then it can lead to less time for Courts to work on urgent issues. Courts need to have more time especially if they are discussing cases of divorce and child custody which are always time-sensitive.
The peculiar part of the documentary movie was the segment on ‘Legal Aid Clinics/Camps’. This is mentioned in the Section 4 (e) of The Legal Services Authorities Act, 1987 as well. Just how there are ‘Health Clinics’ to help us through medical issues, similarly NALSA set up ‘Legal Aid Clinics’, which provide legal remedies. These clinics have paralegal volunteers and retainer lawyers. The poorest of the poor who do not have any hope has been helped through. Specifically, the Section 12 of The Legal Services Authorities Act, 1987 also lays down the criteria for giving legal services defining who the ‘eligible candidates’ are. This section ensures that any person not privileged enough in any manner does receives NALSA’s aid effectively.
Another peculiar fact is that such aid clinics are spread across different organizations and institutions at multiple levels having a presence in government offices and even in jail, setting up a prime example of excellent legal system in provision and easy, affordable access to justice.
The aid from NALSA is also very humane as is visible from a case where a woman was found guilty of attacking a man and sent to jail. However, later on, it was known that the man has attempted to rape the women and that she only acted in self-defence. NALSA volunteers provided her legal aid, and they also kept a check on her which culminated into a form of continuous support over a long period. This continuos support is a peculiar aspect as it is generally unexpected from and unheard from mechanistic systems which have a lot of workload, but NALSA treats everyone equally and with respect, dignity, sensitivity and care.
Along with this, NALSA’s contribution has been instrumental during man-made or natural disasters as well. Whether it’s the treatment for survivors of an earthquake or aiding someone in terms of Mental Health, NALSA has provided credible and constant support. In issues like Child Rights, Child Labour, Gang Rape, and Human Trafficking, NALSA not only provides redressal mechanisms, but also an extremely crucial support mechanism.
In an instance of an Acid Attack Survivor, she described NALSA’s aid as Toofaan mein chingari, or Diya which translates to spark/lamp of hope within the storm. In a short segment on ‘Child Labour’, there is a discussion regarding how Child Labour is so much prevalent, and also how NALSA has worked with a lot of organizations like Bachpan Bachao Andolan and especially provided residence and redressal. They have also worked with Kailash Sathyarti, a child rights activist and a Nobel Laureate. In conclusion, NALSA is a Social Revolution for equal and free access to legal aid. It is a new light that upholds the values of the Indian Constitution, The Preamble and also recognizes the struggle for Independence which demands equal rights to justice for all. The following lines from the song ‘Ek Mutthi Asmaan’ sung by Sonu Nigam sum it up well. The song itself aims to reinstate the belief in everyone that ‘Justice is for all.
“Ye na socho dard humarea kahin suna na jayega…Ab nyayalay khud chalkar chaupalon tak ayega”
Translation – “Don’t feel that your pain won’t be heard anywhere…Now, the judiciary will come to your doorstep”.