Kathmandu, September 20
The Free Legal Aid Bill, 2083 BS, has been registered in the House of Representatives.
Minister for Law, Justice and Parliamentary Affairs Sobita Gautam registered the bill in the House of Representatives on September 18.
Article 20 of the Constitution of Nepal guarantees the right to justice as a fundamental right. An Integrated Legal Aid Policy was issued in 2019 under this provision. The Ministry of Law said the bill has been introduced to implement the policy.
The proposed bill broadens the scope of disadvantaged people eligible for free legal aid. It also expands free legal aid services to all courts, judicial bodies and quasi-judicial bodies.
The bill provides for the right of disadvantaged people to receive free legal consultation and advice, as well as legal assistance during case proceedings, hearings and the implementation of court decisions.
It also guarantees free legal aid from the time of arrest to people arrested in criminal cases who cannot afford to hire a lawyer themselves.
The bill requires sign language to be used when providing free legal aid to people with hearing, speech or communication-related disabilities. It also provides for psychosocial counselling services to disadvantaged people as needed.
According to the bill, legal aid services for disadvantaged people will be operated through coordination among the federal, provincial and local levels.
It states that agencies providing legal aid must provide such services in an integrated manner. The ministry will develop and implement an electronic system for free legal aid to make the service more effective and integrated.
The bill also provides for legal aid services from subject-matter experts to improve the quality of free legal assistance.
The proposed bill establishes the National Legal Aid Council, an executive committee, and provincial and district legal aid committees.
It also proposes encouraging lawyers to provide voluntary free legal aid, or pro bono services. Non-governmental organisations willing to provide free legal aid will be able to do so after registering with the concerned district committee.
Minister Gautam has stated in the bill, “As these issues cannot be addressed merely by amending the existing law, I have presented this bill as it is necessary to enact a new law concerning free legal aid.”
