A perusal of the characteristics, nature, scope, values, and strategy of
community lawyering indicates that the social and political scenario in India is
perfectly suited for community lawyering to flourish. The economic necessities
of the different communities within India further call for the assistance of
community lawyers. India is the world's largest democracy. A variety of
constituencies are the constitutive elements of this democracy. The Indian
constitution is based on socialist ideals and the Directive Principles of State
Policy of the Constitution endeavour to ensure social justice. The Preamble of
the Constitution of India emphatically delineates socialistic ideals; the
Directive Principles of State Policy recognize the socio-economic rights of
citizens. Although not enforceable in a court of law in isolation, the
Directives are "fundamental to the governance of the country" and every
government (central as well as state governments) should incorporate such
principles in governance.
The Constitution recognizes certain groups of people who were historically
marginalized in mainstream society or are otherwise in need of assistance. The
constitutional texture provides for distributive justice addressed to better the
lives of these groups for the sake of social equilibrium. The various groups
addressed by the constitution are scheduled castes, scheduled tribes, women, and
children, among others. Thus, the concept of community or group is historically
ingrained in the law of the land. This is in recognition of the fact that group
rights have been vital in the overall development of Indian society, apart from
the focus on individual rights and privileges Although scheduled castes and
scheduled tribes are the most recognizable communities within the country, there
are a number of other impoverished communities in dire need of emancipation.
Other impoverished or marginalized populations include socially backward and
supressed community, laborers, agricultural laborers, women, in addition to
communities of villagers, urban homeless poor, slum dwellers, linguistic and
religious minorities the list can never be exhaustive. All these groups are in
need of help to increase their visibility and political power vis-ji-vis the
elites of society.
If one looks at the social construction of India, one could easily ascertain
that community life is far more important and prevalent than individualistic
living. Almost every individual has a sense of belongingness to a community and
the idea of being a part of a community is cherished by each constitutive unit.
Since the very early days of Indian history, village communities formed the
administrative and government units of the village. Most of the executive and
judicial functions were performed by (and are still being performed by) such
village communities. Only very serious matters would go to higher authorities.
Sometimes village communities would also legislate on certain matters. These
village communities or "panchayats" continue to be the basic administrative
units in Indian villages, albeit without much legislative or judicial power.
Lawyers have been the strongest group in the development and progress of the
socio-political struggle of the country. Individually and collectively, they
have been the force behind India's biggest political and social victories.
OBJECTIVES:
1.TO CRITICALLY ANALYSE THE NEED OF LEGAL AID.
2.TO STUDY THE ROLE OF LEGAL SERVICE AUTHORITY, COURTS AND LAW SCHOOLS.
3.TO CRITICALLY ANALYSE THE LEGAL AID WORK IN THE COURT PROPERLY.
4.TO MAKE RECOMMENDATION.
METHODOLOGY:
The researcher have done the doctrinal and non-doctrinal both research procedure
in article “Community lawyering in India”. That is the material is collected
online and on field both.
SCOPE AND LIMITATION OF RESEARCH:
The scope and limitation of the research article is within India. And the data
of cases showed in table is of India only of year 2015-2016.
OBJECTIVE NO.1:
1.1 LEGAL SERVICE AUTHORITY ACT:
The sections of the society as enlisted under Section 12 of the Legal Services
Authorities Act (1987) are entitled for free legal services, they are:
(a) A member of a Scheduled Caste or Scheduled Tribe;
(b) A victim of trafficking in human beings or beggar as referred to in Article
23 of the Constitution;
(c) A woman or a child;
(d) A mentally ill or otherwise disabled person;
(e) 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;
(f) An industrial workman;
(g) In custody, including custody in a protective home within the meaning of
clause (g) of Section 2 of the Immoral Traffic (Prevention) Act, 1956(104 of
1956); or in a juvenile home within the meaning of clause(j) of Section 2 of the
Juvenile Justice Act, 1986 (53 of 1986); or in a psychiatric hospital or
psychiatric nursing home within the meaning of clause (g) of Section 2 of the
Mental Health Act, 1987(14 of 1987)
(h) In receipt of annual income less than rupees nine thousand or such other
higher amount as may be prescribed by the State Government, if the case is
before a court other than the Supreme Court, and less than rupees twelve
thousand or such other higher amount as may be prescribed by the Central
Government, if the case is before the Supreme Court.
1.2 NATIONAL LEGAL SERVICE AUTHORITY RULES (1995):
Legal services under clause (h) of section 12, if the case is before the supreme
court is entitled to any citizen of India whose annual income from all sources
does not exceed Rs50,000/-(Rupees Fifty Thousand) shall be entitled to legal
services under clause (h) of section 12 of the Act.
1.3 SUPREME COURT LEGAL SERVICES COMMITTEE RULES, (2000):
Legal services under clause (h) of section 12, if the case is before the supreme
court is entitled to a person whose annual income from all sources does not
exceed Rs1,25,000 (Rupees one lakh twenty-five thousand per annum.)
In a country of over 1.252 billion population.It is very difficult to provide
equal opportunity of justice to everyone. The legal service authorities thus,
are working on a very monumental task in providing access to justice to all the
needy and aggrieved persons who are deprived of their rights.
Legal Aid implies giving free legal services to the poor and needy who cannot
afford the services of a lawyer for the conduct of a case or a legal proceeding
in any court, tribunal or before an authority.
Right to Legal Aid: It is the duty of the State to see that the legal system
promotes justice on the basis of equal opportunity for all its citizens. It must
therefore arrange to provide free legal aid to those who cannot access justice
due to economic and other disabilities.
Even in the procedural law of our country the provisions of legal aid has been
laid down in sec, 304 of criminal procedure code which states that If the
accused does not have sufficient means to engage a lawyer, the court must
provide one for the defence of the accused at the expense of the state.
In various case laws the court has acknowledged the need and importance of legal
aid.
OBJECTIVE NO.2:
2.0 HOW TO APPLY FOR LEGAL SERVICES:
A person in need of free legal services can approach the concerned authority or
committee through an application which could either be made by sending in
written form, or by filling up the forms prepared by the said authorities
stating in brief the reason for seeking legal aid or can be made orally in which
case an officer of the concerned legal services authority or a paralegal
volunteer can assist the person.
A person can also apply online for getting Legal Aid to any Legal Services
Institution in the country by filling up the Legal Aid Application
foravailable online at NALSA’s website by going on the ‘Online Application’
Link on the Home Page, along with uploading necessary documents.
Various SLSAs/DLSAs/SCLSC/HCLSCs/TLSCs also have application forms available on
their websites.
2.1 PROCEDURE AFTER APPLICATION:
Legal aid is provided to the entitled persons through legal services authorities
existing from the National to Taluka levels including the NALSA, State Legal
Services Authorities, District Legal Services Authorities, Taluk Legal Services
Committees, Supreme Court Legal Services Committee and High Court Legal Services
Committees. If, however, an application or request for legal aid is received by
NALSA, NALSA forwards the same to the concerned authority.
Once the application is submitted with the proper authority, it would be perused
by the concerned Legal Services Institution as to what action is needed upon the
same. The information about the next step on the application would then be sent
to the parties concerned.
The action taken on an application received would vary from providing
counselling/advice to the parties, providing a lawyer to represent them in the
court, etc.
2.2 LEGAL AWARENESS PROGRAMMES:
NALSA along with other Legal Services Institutions undertakes various awareness
activities in order to make people aware of their rights and about the role,
activities and functioning of the legal services institutions. A variety of
tools are used in order to achieve this objective like conducting seminars,
lectures; distribution of pamphlets; participation in Doordarshan programmes,
broadcasting jingles, live phone-in programmes etc; floating mobile
multi-utility vans for spreading awareness through public interactions; nukkad
nataks; short documentaries; cultural programmes by school children on legal
issues; various competitions like painting, essay writing, debates and
declamation etc. on legal issues. Specific issues are taken up for legal
literacy programmes varying from place to place depending upon the needs of a
locality and its people. Internship programmes are organised for law students to
promote the role and importance of legal services activities. Legal Aid Clinics
are also being run in law colleges to further the attainment of objectives of
Legal Services. Various legal literacy programmes are organized at school and
college levels.
NUMBER OF LEGAL LITERACY AWARENESS CAMPS -
2012-2016
Duration | Number of Legal Literacy Camps Held |
April 2012 - March 2013 | 64,625 |
April 2013 - March 2014 | 60,904 |
April 2014 - March 2015 | 1,10,5801,10,400 |
April 2015 - March 2016 | 3,46,509 |
Total |
2.3 THE ROLE OF CENTRAL AUTHORITY IN LEGAL SERVICES:
The Central Authority shall perform all or any of the following functions,
namely:
(a) Lay down policies and principles for making legal services available under
the provisions of this Act.
(b) Frame the most effective and economical schemes for the purpose of making
legal services available under the provisions of this Act.
(c) Utilise the funds at its disposal and make appropriate allocations of funds
to the State Authorities and District Authorities.
(d) Take necessary steps by way of social justice litigation with regard to
consumer protection, environmental protection or any other matter of special
concern to the weaker sections of the society and for this purpose, give
training to social workers in legal skills.
(e) Organise legal aid camps, especially in rural areas, slums or labour
colonies with the dual purpose of educating the weaker sections of the society
as to their rights as well as encouraging the settlement of disputes through Lok
Adalat.
(f) Encourage the settlement of disputes by way of negotiations, arbitration and
conciliation.
(g) Undertake and promote research in the field of legal services with special
reference to the need for such services among the poor.
(h) To do all things necessary for the purpose of ensuring commitment to the
fundamental duties of citizens under Part IVA of the Constitution.
(i) Monitor and evaluate implementation of the legal aid programmes at periodic
intervals and provide for independent evaluation of programmes and schemes
implemented in whole or in part by funds provided under this Act.
(j) Provide grants-in-aid for specific schemes to various voluntary social
service institutions and the State and District Authorities, from out of the
amounts placed at its disposal for the implementation of legal services schemes
under the provisions of this Act.
(k) Develop, in consultation with the Bar Council of India, programmes for
clinical legal education and promote guidance and supervise the establishment
and working of legal services clinics in universities, law colleges and other
institutions.
(l) Take appropriate measures for spreading legal literacy and legal awareness
amongst the people and, in particular, to educate weaker sections of the society
about the rights, benefits and privileges guaranteed by social welfare
legislations and other enactments as well as administrative programmes and
measures.
(m) Make special efforts to enlist the support of voluntary social welfare
institutions working at the grass-root level, particularly among the Scheduled
Castes and the Scheduled Tribes, women and rural and urban labour; and
(n) Coordinate and monitor the functioning of State Authorities, District
Authorities, Supreme Court Legal Services Committee, High Court Legal Services
Committees, Taluk Legal Services Committees and voluntary social service
institutions and other legal services organisations and given general directions
for the proper implementation of the Legal Services programmes.
2.4 ROLE OF STATE AUTHORITY IN LEGAL SERVICES:
(1) It shall be the duty of the State Authority to give effect to the policy and
directions of the Central Authority.
(2) Without prejudice to the generality of the functions referred to in
sub-section (1), the State Authority shall perform all or any of the following
functions, namely:
(a) Give legal service to persons who satisfy the criteria laid down under this
Act.
(b) Conduct Lok Adalats, including Lok Adalats for High Court cases.
(c) Undertake preventive and strategic legal aid programmes; and
(d) Perform such other functions as the State Authority may, in consultation
with the Central Authority, fix by regulations.
2.5 ROLE OF DISTRICT AUTHORITY IN LEGAL SERVICES:
(1) It shall be the duty of every District Authority to perform such of the
functions of the State Authority in the District as may be delegated to it from
time to time by the State Authority.
(2) Without prejudice to the generality of the functions referred to in
sub-section (1) the District Authority may perform all or any of the following
functions, namely:
(a) Co-ordinate the activities of the Taluk Legal Services Committee and other
legal services in the District.
(b) Organise Lok Adalats within the Districts; and
(c) Perform such other functions as the State Authority may fix by regulations.
2.6 ROLE OF TALUKA IN LEGAL SERVICES:
The Taluk Legal Services Committee may perform all or any of the following
functions, namely:
(a) Co-ordinate the activities of legal services in the taluk.
(b) Organise Lok Adalats within the taluk and
(c) Perform such other functions as the District Authority may assign to it.
2.7 ROLE OF SUPREME COURT LEGAL SERVICE COMMITTEE:
(1) The Central Authority shall constitute a Committee to be called the Supreme
Court Legal Services Committee for the purpose of exercising such powers and
performing such functions as may be determined by regulations made by the
Central Authority.
(2) The Committee shall consist of -
(a) A sitting judge of the Supreme Court who shall be the Chairman; and
(b) Such number of other members possessing such experience and qualifications
as may be prescribed by the Central Government to be nominated by the Chief
Justice of India.
(3) The Chief Justice of India shall appoint a person to be the Secretary to the
Committee, possessing such experience and qualifications as may be prescribed by
the Central Government.
(4) The terms of office and other conditions relating thereto, of the Members
and Secretary of the Committee shall be such as may be determined by regulations
made by the Central Authority.
(5) The Committee may appoint such number of officers and other employees as may
be prescribed by the Central Government, in consultation with the Chief Justice
of India, for the efficient discharge of its functions.
(6) The officers and other employees of the Committee shall be entitled to such
salary and allowances and shall be subject to such other conditions of service
as may be prescribed by the Central Government in consultation with the Chief
Justice of India.
PAY SCALES UNDER RULES 5 & 6
SUPREME COURT LEGAL SERVICE COMMITTEE
Sr.no. | Designation | Scale of pay | No. of posts |
I | Officers | ||
1. | Secretary | Rs.14300-18300 | 1 |
2. | Legal Service Counsel-cum-Consultant | Rs.12000-16500 | 1 |
3. | Superintendent | Rs.6500-10500 | 1 |
Total | 3 | ||
II | Establishment | ||
1. | Assistant | Rs.5500-9000 | 2 |
2. | Upper Division Clerk | Rs.4000-6000 | 2 |
3. | Upper Division Clerk-cum-Accounts | Rs.4000-6000 | 1 |
4. | Junior Stenographer | Rs.4000-6000 | 1 |
5. | Lower Division Clerk | Rs.3050-4590 | 4 |
6. | Daftry | Rs.2610-3540 | 1 |
7. | Peon | Rs.2550-3200 | 3 |
8. | Farash | Rs.2550-3200 | 1 |
Total | 15 | ||
Grand Total of Officers and Staff | 18 |
2.8 HIGH COURT LEGAL SERVICE COMMITTEE:
(1) The State Authority shall constitute a Committee to be called the High Court
Legal Services Committee for every High Court, for the purpose of exercising
such powers and performing such functions as may be determined by regulations
made by the State Authority.
(2) The Committee shall consist of:
(a) A sitting Judge of the High Court who shall be the Chairman; and
(b) Such number of other Members possessing such experience and qualifications
as may be determined by regulations made by the State Authority, to be nominated
by the Chief Justice of the High Court.
(3) The Chief Justice of the High Court shall appoint a Secretary to the
Committee possessing such experience and qualifications as may be prescribed by
the State Government.
(4) The terms of office and other conditions relating thereto, of the Members
and Secretary of the Committee shall be such as may be determined by the
regulations, made by the State Authority.
(5) The Committee may appoint such number of officers and other employees as may
be prescribed by the State Government in consultation with the Chief Justice of
the High Court for the efficient discharge of its functions.
(6) The officers and other employees of the Committee shall be entitled to such
salary and allowances and shall be subject to such other conditions of service
as may be prescribed by the State Government in consultation with the Chief
Justice of the High Court.
2.9 DISTRICT LEGAL SERVICES AUTHORITIES:
(1) The State Government shall in consultation with the Chief Justice of the
High Court, constitute a body to be called the District Legal Services Authority
for every District in the State to exercise the powers and perform the functions
conferred on, or assigned to the District Authority under this Act.
(2) A District Authority shall consist of:
(a) The District Judge who shall be its Chairman; and
(b) Such number of other Members, possessing such experience and qualifications
as may be prescribed by the State Government, to be nominated by that Government
in consultation with the Chief Justice of the High Court.
(3) The State Authority shall, in consultation with the Chairman of the District
Authority appoint a person belonging to the State Judicial Service not lower in
rank than that of a Subordinate Judge or Civil Judge posted at the seat of the
District Judiciary as Secretary of the District Authority to exercise such
powers and perform such duties under the Chairman of that Committee as maybe
assigned to him by such Chairman.
(4) The terms of office and other conditions relating thereto, of Members and
Secretary of the District Authority shall be such as may be determined by
regulations made by the State Authority in consultation with the Chief Justice
of the High Court.
(5) The District Authority may appoint such number of officers and other
employees as may be prescribed by the State Government in consultation with the
Chief Justice of the High Court for the efficient discharge of its functions.
(6) The officers and other employees of the District Authority shall be entitled
to such salary and allowances and shall be subject to such other conditions of
service as may be prescribed by the State Government in consultation with the
Chief Justice of the High Court.
(7) The administrative expenses of every District Authority, including the
salaries, allowances and pensions payable to the Secretary, officers and other
employees of the District Authority shall be defrayed out of the Consolidated
Fund of the State.
(8) All orders and decisions of the District Authority shall be authenticated by
the Secretary or by any other officer of the District Authority duly authorised
by the Chairman of that Authority.
(9) No Act or proceeding of a District Authority shall be invalid merely on the
ground of the existence of any vacancy in, or any defect in the constitution of,
the District Authority.
2.10 TALUKA LEGAL SERVICE COMMITTEE:
(1) The State Authority may constitute a Committee, to be called the Taluk Legal
Services Committee, for each Taluk or Mandal or for group of Taluks or Mandals.
(2) The Committee shall consist of -
(a) The Senior Civil Judge operating within the jurisdiction of the Committee
who shall be the ex-officio Chairman and
(b) Such number of other Members, possessing such experience and qualifications,
as may be prescribed by the State Government, to be nominated by that Government
in consultation with the Chief Justice of the High Court.
(3) The committee may appoint such number of officers and other employees as may
be prescribed by the State Government in consultation with the Chief Justice of
the High Court for the efficient discharge of its functions.
(4) The officers and other employees of the Committee shall be entitled to such
salary and allowances and shall be subject to such other conditions of service
as may be prescribed by the State Government in consultation with the Chief
Justice of the High Court.
(5) The administrative expenses of the Committee shall be defrayed out of the
District Legal Aid Fund by the District Authority.
2.11 ROLE OF LAW SCHOOLS IN LEGAL SERVICES:
The principle of rule of law and the philosophy of the Indian constitution in
what is described as its basic structure mandates that every citizen should have
reasonable access to justice. Yet this constitutional guarantee is a luxury for
many facing problems of poverty, economic deprivation and want of education. A
project therefore, was inaugurated to determine and propose the role that law
schools could play in mitigating the prevailing injustices, official apathy and
raising the competence bar of the budding professionals and also upgrading the
general level of legal awareness of the community.
The legal profession is expected to play a dynamic role in the administration of
justice. Law Schools being the recruiting grounds for the legal profession,
there is a need to inject new spirit into the content of legal education to make
lawyers and legal professionals socially relevant and professionally competent
to secure the constitutional mandate of access to justice.
However, the question of improving legal education by involving law students in
the delivery of legal services, particularly to indigent and weaker sections in
society, did not occur to or find favour with educational reformers for a long
time. Similar failure appears to have been shown by the Legal Aid Authorities,
who failed to recognize the potential of using legal educational institutions
and students to reach the benefits of law to the poor, thereby aiding social
justice and progress.
With the Bar Council of India (BCI) in 1997 making Legal Aid a compulsory
practical paper to be taught in the Law Colleges all over India, Legal Aid to
the poor got a new lease of life.
For example: There is a legal aid clinic in AJEENKYA DY PATIL UNIVERSITY SCHOOL
OF LAW in Pune which helps to the poor people for legal problems at free of cost
and the students of the university are adopted in villages in small group in the
guidance of the professors and lecturers. Student also provide legal awareness
camps among the village people. Senior students who have enrolled as lawyers
also solve problems in district courts at free of cost. Even though more than a
decade has passed since the formal introduction of Legal Aid in Law School
curricula in India, there is no comprehensive study examining the functioning of
Law School based Legal Aid in India.
2.12 OBSTACLE TO LEGAL AID CLINICS IN LAW SCHOOLS:
1. Lack of financial support.
2. Restriction on faculty to practice.
3. Absence of academic credit for students.
4. Legal aid not being part of the work load for faculty.
5. Lack of involvement of the bar.
6. Lack of infrastructural facilities.
7. Lack of involvement of judiciary.
8. Restriction on students.
9. Lack of trained faculty.
Above are indeed the areas in which the Government of India and other regulatory
authorities like the Bar council of India, State governments and the affiliating
university needs to focus their attention in order to ensure that not only that
the quality of legal education maintained but also the nation's concern of
access to justice is fulfilled.
OBJECTIVE NO.3
3.1 REGULAR LOK ADALAT:
Types of regular Lok adalat:
Continuous Lok adalat:
A Lok Adalat bench sits continuously for a set number of days to facilitate
settlements by deferring unsettled matters to the next date and encouraging
parties to reflect on the terms of the mutually accepted settlement before
actual settlement.
Daily Lok adalat:
This type of Lok Adalat is organised on daily basis.
Mobile Lok adalat:
These are organised by taking the Lok Adalat set up in a Multi-utility van to
different areas for resolving petty cases and also spreading legal awareness in
the area.
Mega Lok adalat:
This is organised in the State on a single day in all courts of the State.
MACT CASES SETTLED & COMPENSATION PAID IN MACT CASES
FROM APRIL 2015 TO MARCH 2016
No. of Lok Adalats Held | No. of MACT Cases Settled | No. of Cases Settled (including MACT Cases) | Compensation Paid in MACT Cases (in Rs.) |
1,67,586 | 1,28,217 | 1,52,99,214 | 27,15,53,48,516 |
3.2 NATIONAL LOK ADALAT:
National Level Lok Adalats are held for at regular intervals where on a single
day Lok Adalats are held throughout the country, in all the courts right from
the Supreme Court till the Taluk Levels wherein cases are disposed off in huge
numbers. From February 2015, National Lok Adalats are being held on a specific
subject matter every month.
TOTAL DISPOSAL IN NATIONAL LOK ADALAT
FROM APRIL 2015 TO AUGUST 2016
Dated | Subject Matter | No. of Cases Taken up | No. of Cases Disposed | Total Settlement Amount (In Rs.) |
11.04.2015 | Labour and Family Matters | 9,28,349 | 5,31,872 | 3,66,04,33,969 |
09.05.2015 & 13.06.2015 |
MACT and Insurance Claims | 4,71,928 |
3,18,724 | 951,55,85,479 |
11.07.2015 | Electricity/Water/Telephone/Public Utility Disputes | 14,97,780 | 8,68,254 | 553,60,26,639 |
08.08.2015 | Banking Matters and Matters u/s 138 NI Act | 12,01,893 | 3,53,167 | 1499,42,64,948 |
12.09.2015 | Compoundable Criminal Matters | 8,97,462 | 5,71,741 | 41,61,20,50,250 |
10.10.2015 | Traffic/Petty Matters/Municipal Matters | 21,24,529 | 16,36,610 | 3,47,82,89,137 |
12.12.2015 | All Matters (General) | 1,73,43,148 | 1,35,69,441 | 69,97,68,40,467 |
13.02.2016 | Banking Matters &Matters u/s 138 NI Act | 13,52,752 | 3,63,565 | 12,67,42,34,151 |
12.03.2016 | Civil and Revenue Matters | 18,49,342 | 14,25,819 | 6,83,37,85,929 |
09.04.2016 | Labour and Family matters | 12,65,321 | 8,01,552 | 4,58,70,29,808 |
14.05.2016 | MACT & Insurance Claims | 1,52,090 | 1,11,828 | 1,85,14,90,278 |
11.06.2016 | Banking Matters &Matters u/s 138 NI Act | 2,55,302 | 1,10,673 | 4,72,59,04,285 |
09.07.2016 | Electricity/ Water/ Telephone and Public Utility Dispute etc. | 11,87,099 | 6,22,062 | 2,82,45,14,077 |
13.08.2016 | Banking Matters &Matters u/s 138 NI Act | 13,11,182 | 3,71,166 | 10,28,35,08,951 |
Total | 3,18,38,177 | 2,16,56,474 | 1,92,55,39,58,368 |
3.3 PERMANENT LOK ADALAT:
The other type of Lok Adalat is the Permanent Lok Adalat, organized under
Section 22-B of The Legal Services Authorities Act, 1987. Permanent Lok Adalats
have been set up as permanent bodies with a Chairman and two members for
providing compulsory pre-litigative mechanism for conciliation and settlement of
cases relating to Public Utility Services like transport, postal, telegraph etc.
Here, even if the parties fail to reach to a settlement, the Permanent Lok
Adalat gets jurisdiction to decide the dispute, provided, the dispute does not
relate to any offence. Further, the Award of the Permanent Lok Adalat is final
and binding on all the parties. The jurisdiction of the Permanent Lok Adalats is
upto Rs. Ten Lakhs. Here if the parties fail to reach to a settlement, the
Permanent Lok Adalat has the jurisdiction to decide the case. The award of the
Permanent Lok Adalat is final and binding upon the parties. The Lok Adalat may
conduct the proceedings in such a manner as it considers appropriate, taking
into account the circumstances of the case, wishes of the parties like requests
to hear oral statements, speedy settlement of dispute etc.
DISPOSAL IN PERMANENT LOK ADALATS
FROM APRIL 2015 TO MARCH 2016
No. of PLAs established | No. of PLAs functioning (as on 31.01.2016) | No. of sittings | No. of cases disposed of | Total settlement amount Rs. |
292 | 239 | 17,117 | 1,03,559 | 23,87,00,291 |
OBJECTIVE NO.4:
4.1 OBSTACLE TO LEGAL ASSISTANCE:
At present the legal movement in India is unorganised and diffused there is a
lack of co-ordination in it the ideal of equal access and availability of legal
justice has reached almost breakdown point. There is a wide gap between goals
set and met one law firm recently commented in a survey “we no longer do PRO
BONO work, we are too busy trying to survive” lawyers don’t engage themselves in
pro bono activities because of various reasons there is a lack of financial
resources. The legal education imported earlier did not provide social education
therefore they do not understand or accept their obligation to do so, also the
members of the profession do not regularly do not regularly come in to contact
with the members of the community. Illiteracy is also a major problem to legal
aid. Now it is common knowledge that 70% of the people living in rural areas are
illiterate and even more then that are not aware of the rights conferred upon
them by law absence of legal awareness which leads to exploitation and
deprivation of rights and benefits of the poor.
4.2 RECOMMENDATIONS:
The legal aid movement has to go to the grass root level and help to discover,
identify and solve the problems and difficulties of poor. The participation not
only of the practicing lawyers but also of the courts, the law teachers, senior
law students, trained social workers public at is also needed. It should also
include activities like spreading legal awareness and educating people on their
basic rights with the help of NGO’s. Promote more informal paralegal services in
places where basic access to justice opportunities and infrastructures are
absent. Promote a pro bono service culture. Offer comparative models of legal
aid to government in reforming the movement. Support the development of
demonstration legal aid/public defender offices in co-operation with government.
Publicity measures like hoardings, production of short films regarding legal
aid, skits in CD form and distribute copies to people. Printing of publicity
materials like posters, pamphlets, booklets and distributing the required
quantity of such material to all state legal service authorities in requisite
number, advertisement in newspaper and television.
Legal Aid Clinics, unlike other initiatives, require modest financial investment
to start with. They can be quickly assimilated into most Law Colleges as there
is a mandatory requirement of BCI that each College shall have one Clinic in the
College. A venture of this sort in bringing about access to justice requires the
Law Colleges as well as the regulatory authorities including the Government of
India, need to reframe and adopt a system of collaborative venture and sharing
of responsibilities. The lawyers appointed by the state legal services to
provide legal aid should be paid adequately by the government. This will
encourage lawyers and it would also improve the quality of legal aid provided.
The high court can set up a pool of lawyers specifically for providing legal aid
and pay them monthly salary as given to a judicial officer. It can hold
examinations and interview for selection of those lawyers. This will ensure that
only well qualified lawyers selected in the pool. Thus, the lawyers won’t have
to worry in providing legal aids as they are paid a monthly income by the states
but it will also help in improving the quality. The authorities could provide
internships to students studying law or humanities and assign them tasks
regarding legal awareness. Alternative dispute resolution should be encouraged,
the inter-disciplinary work of various legal authorities should be monitored
carefully thus, maintain coherence.
4.3 CONCLUSION:
Legal aid means free legal service for the promotion of the welfare of the
people. In India many efforts have been made in this direction for example:
Introduction of Lok adalat. The lawyers who support poor peoples for legal
proceedings should get more payments and incentives from government so that
there would be no corruption and it should be mandatory in India for every
senior lawyer to take atleast two cases as free of cost each year so that it
would be for the welfare of society and our country people would even get
awareness of their basic rights.
End-Notes
#
http://scholarlycommons.pacific.edu/cgi/viewcontent.cgi?article=1065&context=globe.
Visited at (7.54pm) date: 30/01/2017 Saturday
#
Section 12 of legal service authority act (1987) page no.82 of book law
relating to lok adalats and legal aid by S.K. Sarkar. Publishing company
(orient)
#
Rule in (1995) of national legal service authority page no.171 of book law
relating to lok adalats and legal aid by S.K. Sarkar. Publishing company
(orient)
#
Rules in (2000) 0f supreme court legal services committee page no.205 of book
law relating to lok adalats and legal aid by S.K. Sarkar. Publishing company
(orient)
#
http://www.worldometers.info/world-population/india-population/visited at
(1:00am)
#
Article 39A page no. 1418 of Indian constitutional law by M.P Jain 7thedition
published by LexisNexis.
#
The Constitutional duty to provide legal aid arises from the time the accused
is produced before the Magistrate for the first time and continues whenever he
is produced for remand. (Khatri II vs. State of Bihar, (1981) 1SCC (Cri) 228:
1981 Cri. LJ 470.
#
By on field research of Mrs Saumya Sharma(B.B.A LL.B LL.M) From Abhay Nevagi
and Associates
#
By on field research of Mrs Saumya Sharma(B.B.A LL.B LL.M) From Abhay Nevagi
and Associates
#
By on field research of Mrs Saumya Sharma(B.B.A LL.B LL.M) From Abhay Nevagi
and Associates
#
http://nalsa.gov.in/Visited at (11.34 am) date: 09/02/2017 Thursday
#
Section 4 of legal service authority act (1987) page no.67-69 of book law
relating to lok adalats and legal aid by S.K. Sarkar. Publishing company
(orient)
#
Section 7 of legal service authority act (1987) page no.76-77 of book law
relating to lok adalats and legal aid by S.K. Sarkar. Publishing company
(orient)
#
Section 10 of legal service authority act (1987) page no.80 of book law
relating to lok adalats and legal aid by S.K. Sarkar. Publishing company
(orient)
#
Section 11B of legal service authority act (1987) page no.82 of book law
relating to lok adalats and legal aid by S.K. Sarkar. Publishing company
(orient)
#
Section 3A of legal service authority act (1987) page no.66-67 of book law
relating to lok adalats and legal aid by S.K. Sarkar. Publishing company
(orient)
#
http://nalsa.gov.in/visited at (3.00 pm) date: 09/02/2017 Thursday
#
Section 8A of legal service authority act (1987) page no.78-79 of book law
relating to lok adalats and legal aid by S.K. Sarkar. Publishing company
(orient)
#
Section 9 of legal service authority act (1987) page no.79 of book law relating
to lok adalats and legal aid by S.K. Sarkar. Publishing company (orient)
#
Section 11A of legal service authority act (1987) page no.81 of book law
relating to lok adalats and legal aid by S.K. Sarkar. Publishing company
(orient)
#
Survey of student from shankarrao chavan law college pune
#
http://nalsa.gov.in/ visited at (2.10 pm) date: 01/02/2017 Monday
#
http://nalsa.gov.in/visited at (5.10 pm) date: 09/02/2017 Thursday
#
http://nalsa.gov.in/visited at (8.39 pm) date: 10/02/2017 Friday
#
Section 22B page no.152 of book law relating to lok adalats and legal aid by
S.K. Sarkar. Publishing company (orient)
#
http://nalsa.gov.in/visited at (11.00 pm) date: 10/02/2017 Friday
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