Legal Services for Disabled Persons

What Are the Legal Services for Disabled Persons?

Online Legal India LogoBy Online Legal India Published On 23 Nov 2022 Updated On 06 Jan 2023 Category Legal

Persons with disabilities are a part of our large society; however, they are largely disregarded and left out by abled people. Calling them disabled person greatly affects them in a negative way. No one considers them equal to normal people. So, we should regard them as “differently abled”. Legal services are required for disabled people since this group falls under the weaker section. According to this clause of the Legal Services Authority Act of 1987, “legal service” means free legal aid. Let’s talk more about legal services for disabled people.         

Who Are Disabled Persons?

People who have chronic physical, mental, intellectual, or sensory impairments are considered to have disabilities. His ability to fully and effectively participate with others is hampered by these impairments and barriers. The Rights of Disabled Person Act of 2016, include the disabilities such as Intellectual disability, locomotor disability, a blood disorder, a mental disorder, and multiple impairments.

Legal services are provided to this weaker section of society under the Legal Services Authorities (LSA) Act of 1987, Section 12. Each and every citizen who is impacted by a disability is guaranteed justice. The Disabled Person (Equal Opportunities, Safeguard of Rights, and Full Participation) Act of 1995 came into force on 7th February 1996. People with impairments are ensured equal opportunities under this law and they can also approach for legal advice at Online Legal India where our experts will guide them on any legal matters.  

Importance of Legal Services to Disabled Persons

Disability discrimination is a common occurrence in society. Therefore, the Union government passed certain legislation for helping the disabled in order to keep them equal with the population. These laws, meanwhile, fell meet their goal. These services are therefore essential for making them aware and helping them to get justice easily. 

The Legal Services Authorities Act 1987

The Parliament of India passed the Legal Services Authorities Act in 1987. It came into effect on 9th November 1995 to set up a nationwide network for offering free and competent legal services to disabled members of society. The National Legal Services Authority Act was established by the Legal Services Authorities Act to monitor and assess the execution of legal aid programmes for making legal services accessible under the Act.     

Types of Legal Services for Persons with Disabilities

According to the NALSA’s (National Legal Services Authority) official website, the legal services Authorities Act of 1987, offers free legal assistance to weaker sections of society in case of civil and criminal offences. They include the following types of legal services

  • Advice on the legal matter
  • The advocate’s representation in the court case
  • The costs associated with drafting special leave petitions and other legal paperwork
  • Any assistance rendered and fees incurred for any legal action, including those brought before a court or other legally recognised authority or tribunal 
  • Making any pleadings, appeal memoranda, or paper books, as well as translating and printing legal papers
  • Provision of certified copies of orders and other paperwork in legal proceedings

The National Center for Promoting Employment for Disabled People

This non-profit organisation, which was founded in 1996, serves as a connection between the public sector and the nonprofit sector to empower people with disabilities. Through research and advocacy in the areas of education, employment, accessibility, and communication, it seeks to advance equality for individuals with disabilities in all aspects of life.    

How to Consider Free Legal Services for Disabled Persons?

Free legal services are provided to people with disabilities by considering the following factors:  

1. Consideration of Fundamental rights

When giving legal assistance to the disabled, it is important to consider the fundamental rights guaranteed to every citizen because many of them are unaware that they also have these rights. They would have received the same treatment as the rest of society if they had known. Non-discrimination, equal treatment, freedom, the right to an education, and other essential rights are among the fundamental rights.

2. Communication issue

Another significant obstacle is the language barrier. The majority of infirmities prevent disabled individuals from understanding the language used by the person offering legal assistance. A sign interpreter ought to be there between the two of them to address this issue. 

3. Illiteracy

Many disabled people are illiterate and are not aware of their legal rights. To solve this issue they need to make aware and provide education about this.  

A Case Study of Free Legal Services for Disabled Persons

a) Since the Rights of Persons with Disabilities Act was passed in 2016the disabled community has received special attention from the state governments ever. A legal clinic for the disabled was established in August 2017 in the Kozhikode district of Kerala by the District Legal Service Authority and the Composite Regional Center for Persons with Disabilities. On the premises of the Institute of Mental Health and Neurosciences, the clinic offers free legal assistance.

b) From April 2018 to January 2022, almost 29,000 people with disabilities received legal assistance under the Legal Services Authorities Act of 1987.

c) The National Legal Services Authorities (NALSA) has established legal services mobile app to ensure that the general public, including those with disabilities, has easy access to legal aid. 

d) By empowering people with disabilities and speaking up for them, the state-level Protection and Advocacy Systems seek to protect them. 

Conclusion

Legal services for disabled people are ensured and promoted by this article. With the help of a suitable system, we may also deliver legal advice for people with disabilities more effectively. The RPWD Act 2016 will meet its goals only when the Union Governments, other State Governments, and the authorities providing legal aid are effective. We must recognise that disabled people have the same requirements and rights as everyone else.

FAQs 

1. What are the legal protections for disabled persons?

Ans. Disabled people are given protection against all forms of exploitation, laws, and treatment that is abusive, discriminatory, or demeaning. When legal assistance is necessary for the protection of their persons and property, disabled people must be able to access it.

2. What privileges are available for a disabled person in India?

Ans. A tax deduction of up to Rs. 75,000 per year is available for people with a 40% to 79% disability. Additionally, individuals with a disability of more than 80% are eligible for an annual tax deduction of Rs. 1,25,000.

3. What are the legal and ethical concerns in disability?

Ans. The same laws that protect everyone else also protect people who have disabilities. Basic human rights like freedom, respect, equality, and dignity are also applied to disabled persons.

4. What are the objectives of the Legal Services Authority?

Ans. The main goals of the Legal services Authority are to offer affordable, high-quality legal services to the disabled members of society, and to ensure that every citizen has access to justice because of their financial situation or other disabilities.  

5. Under which scheme is free legal service provided to people with special abilities?

Ans. The Legal Services Authorities Act of 1987 constituted the National Legal Services Authority (NALSA) to offer free legal services to people with disabilities.


Share With :