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    Introduction

    Establishment of Sikkim State Legal Services Authority

    The Sikkim State Legal Services Authority was constituted under the Legal Services Authorities Act, 1987, as a separate establishment, vide Notification No. 2/LD/98 dated 09.04.1998, in terms of Section 6 of the Legal Services Authorities Act, 1987, read with Rule 3 of the Sikkim State Legal Services Authority Rules, 1995.

    Establishment of District Legal Services Authority and Taluk Legal Services Committee

    In terms of Section 9 of the Legal Services Authorities Act, 1987, read with Rule 10 of the Sikkim State Legal Services Authority Rules, 1995, District Legal Services Authorities for all four districts in the State of Sikkim were established in April 1998 by the State Government.

    The State Legal Services Authority, in terms of Section 11A(1) of the Legal Services Authorities Act, 1987, constituted Taluk Legal Services Committees at Chungthang in the North, Pakyong in the East, Soreng in the West and Ravangla in the South in November 1998 and Rongli in the East during 2000.

    Thereafter, the Sikkim State Legal Services Authority constituted the High Court Legal Services Committee in terms of the powers conferred by Section 8A of the Legal Services Authorities Act, 1987, in April 1998.

    Constitution and Functionaries

    At the National level, the National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987, to provide free legal services to the weaker sections of society and to organize Lok Adalats for amicable settlement of disputes. In each State, there are State Legal Services Authorities (SLSAs), under which there are District Legal Services Authorities (DLSAs) at the district level and Taluk Legal Services Committees (TLSCs) at the Sub-Divisional/Taluk level.

    Vide Notification 7/LD/98 dated 9th April 1998, issued by the Law Department, Government of Sikkim, the State Government dissolved the Sikkim State Legal Aid and Advice Board (constituted under the Sikkim State Legal Aid and Advice Scheme, 1982) pursuant to the enforcement of the Legal Services Authorities Act, 1987.

    Vide Notification 8/LD/98 dated 9th April 1998, the State Government declared that the Sikkim State Legal Services Authority be constituted under the Legal Services Authorities Act, 1987 as a separate establishment.

    At the National level, the Hon’ble Chief Justice of India functions as the Patron-in-Chief of NALSA, while the senior-most Judge of the Hon’ble Supreme Court functions as the Executive Chairperson. At the State level, the Hon’ble Chief Justice of the High Court functions as the Patron-in-Chief of the SLSA, while the senior-most Judge functions as the Executive Chairperson. At the district level, the Learned District & Sessions Judge functions as the Chairperson of the DLSA and the Learned Civil Judge-cum-Judicial Magistrates function as the Ex-Officio Chairpersons of the TLSCs.

    Legal Aid and Advice

    The Sikkim SLSA, as per Section 12 of the Legal Services Authorities Act, 1987, provides free legal aid and advice to those entitled under the Act.

    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:

    1. a member of a Scheduled Caste or Scheduled Tribe; or
    2. a victim of trafficking in human beings or beggary as referred to in Article 23 of the Constitution; or
    3. a woman or a child; or
    4. a mentally ill or otherwise disabled person; or
    5. a person under circumstances of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake, or industrial disaster; or
    6. an industrial workman; or
    7. in custody, including custody in a protective home, juvenile home, or psychiatric institution under relevant Acts; or
    8. in receipt of annual income less than Rupees Three Lakhs.

    Entitlement to Legal Services

    • Persons meeting any criteria under Section 12 are entitled to legal services if the Authority is satisfied they have a prima facie case.
    • An affidavit of income may be accepted as proof unless there is reason to disbelieve it.

    Legal Aid not provided in the following cases

    1. Proceedings wholly or partly related to:
      • defamation; or
      • malicious prosecution
    2. Proceedings relating to any election.
    3. Proceedings incidental to items (i) and (ii) above.
    4. Proceedings involving offences punishable with fine only.
    5. Proceedings involving economic offences or offences against social laws (e.g., Protection of Civil Rights Act, 1955; Immoral Traffic (Prevention) Act, 1956).
    6. Where the applicant for legal aid:
      • is involved in proceedings only in a representative or official capacity; or
      • is jointly concerned with others having identical interests who are adequately represented; or
      • is a formal party not materially concerned with the case outcome and whose interests are unaffected by absence of representation.

    Functions of State Authority

    The State Authority gives effect to the policies of the National Legal Services Authority (NALSA) and performs the following functions:

    1. Provide legal services to eligible persons.
    2. Conduct Lok Adalats, including those for High Court cases.
    3. Undertake preventive and strategic legal aid programmes.
    4. Perform additional functions as fixed by the National Legal Services Authority (NALSA) through regulations.

    Functions of District Authority

    The District Authority performs delegated functions of the State Authority and the following:

    1. Coordinate the activities of Taluk Legal Services Committees and other legal services within the district.
    2. Organize Lok Adalats within the district.
    3. Perform other functions as fixed by the State Authority.

    Functions of Taluk Legal Services Committee

    The Taluk Legal Services Committee performs the following:

    1. Coordinate legal services activities in the Taluk.
    2. Organize Lok Adalats within the Taluk.
    3. Perform functions assigned by the District Authority.

    Schemes of NALSA

    For details of all NALSA Schemes, please visit the Schemes Page.

    Remand Advocates

    Sikkim SLSA has appointed Remand Advocates to ensure that no accused remains unrepresented in the Court, at the time of remand because of their economic and social conditions.

    Retainer Lawyers

    Sikkim SLSA has appointed Retainer Lawyers for SLSA, HCLSC and DLSAs to manage front offices, visit childcare institutions and provide legal counseling to resident children.

    Panel Lawyers

    Panel Advocates are empaneled for all districts to act as Legal Aid Lawyers, conduct legal aid cases and serve as resource persons during awareness programmes. Training and capacity-building sessions are organized by SLSA to enhance their skills.

    Para-Legal Volunteers

    Sikkim SLSA trains Para-Legal Volunteers (PLVs) in all districts. They monitor missing children reports from Police Stations weekly and submit reports to SLSA (an exercise ongoing since August 2013, except during the COVID-19 pandemic austerity period).

    Circular 46/SLSA/755 dated 06.12.2022 directs PLVs to act as Support Persons under Rule 54(14) of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016, providing pre-trial counseling and assisting child victims during statement recording. PLVs must familiarize children with court environments and video conferencing may be requested if court appearances are distressing.