chapter 1 - shodhganga : a reservoir of indian theses...
TRANSCRIPT
DELIVERY OF LEGAL SERVICES : A CRITICAL AND COMPARATIVE STUDY OF LAW WITH
SPECIAL REFERENCE TO DELHI
Thesis submitted for
The Degree of Doctor of Philosophy in the Faculty of LawTo
Amity University Uttar Pradesh, NOIDA
byMs. SANGITA DHINGRA SEHGAL,
Special Judge (Anti Corruption Branch), Tis Hazari Court,Delhi-110054.
GUIDEProf. J. K. Mittal, Chairman,
Amity Institute of Global Legal Education & Research,Amity University, Uttar Pradesh, NOIDA
CO-GUIDEShri D. K. Agarwal, Sr. Advocate,
Delhi High Court, Delhi.
AMITY INSTITUTE OF GLOBAL LEGAL EDUCATION AND RESEARCHAMITY UNIVERSITY UTTAR PRADESH, NOIDA
MAY 2011
1
DELIVERY OF LEGAL SERVICES: A CRITICAL AND COMPARATIVE STUDY
OF LAW WITH SPECIAL REFERENCE TO DELHI
By Sangita Dhingra Sehgal
2
THIS WORK IS DEDICATED
TO
MY PARENTS-----Sangita Dhingra Sehgal
3
DECLARATION
I hereby declare that the research work entitled ‘DELIVERY OF
LEGAL SERVICES: A CRITICAL AND COMPARATIVE STUDY
OF LAW WITH SPECIAL REFERENCE TO DELHI’ is submitted
for the award of degree of Ph.D Law has not been submitted by me in
any university for any degree or diploma.
MAY 2011 SANGITA DHINGRA SEHGAL
4
CERTIFICATE
This is to certify that the thesis entitled Delivery of Legal Services : A Critical and Comparative Study of Law with Special Reference to Delhi has been prepared by Ms. Sangita Dhingra Sehgal, Special Judge, Anti Corruption Branch, Tis Hazari Court, Delhi–110054 under our supervision and guidance. The thesis is her original work completed after careful research.
The thesis submitted herewith is genuine and original and I recommend that it be sent for evaluation.
Place: New Delhi
Date : May 2011
___________________________________Prof. J. K. Mittal, Chairman,
Amity Institute of Global Legal Education & Research,
Amity University, Uttar Pradesh, NOIDA
___________________________________
Shri D. K. Agarwal, Sr. Advocate,Delhi High Court, Delhi.
AMITY INSTITUTE OF GLOBAL LEGAL EDUCATION AND RESEARCH
AMITY UNIVERSITY UTTAR PRADESH, NOIDA
MAY 2011
ACKNOWLEDGEMENT5
While working as Member Secretary, Delhi Legal Services Authority for more than
three years, I found the Legal Services Authority in India including Delhi Legal
Services Authority have done a lot of work towards providing legal aid to poor and
down trodden people, but, yet lot more is required to be done to fully accomplish the
motto of “Access to Justice to All” and this motivated my research which includes
information and data based upon the record of the Delhi Legal Services Authority and
also my suggestions in this direction on the basis of my personal experience while
holding the post of secretary, Delhi Legal Services Authority.
Words are inadequate to express my sincere gratitude to my guide Prof. J.K.
Mittal, Chairman, Amity Institute of Global Legal Education & Research, Amity
University, Noida and Co-guide Shri D. K. Aggarwal, Senior Advocate, Delhi High
Court, Delhi and also Dr. Rashmi Salpekar, Senior Lecturer, Ms. Seema, Lecturer at
Amity, Noida. It is due to untiring efforts of all those who guided me at Amity to
help me to complete my work without any hindrance to my duty as a Judicial Officer.
I am also grateful to my husband who encouraged and motivated me to do my
Doctorate and also my children who stood with me. I would be failing in my duty if I
do not extend my gratitude to Shri Ashwani Sarpal, Presently Additional District &
Sessions Judge, Delhi, OSD in Delhi Legal Services Authority, Delhi, who helped me
to collect information and data to complete this work.
My sincere thanks to Shri Jyotirmoy Ghosh Dastidar and Shri Anil
Bhatt, Stenographer, were working with me at the Delhi Legal Services Authority and
Shri Girish Rawat, Ms. Sarika Ahuja and Shri Upender Yadav, Members my staff who
helped me in completing this voluminous work.
MAY 2011 SANGITA DHINGRA SEHGAL
6
ABBREVIATIONS
CILAS----------------Committee for Implementing Legal Aid
Schemes
DLSA-----------------Delhi Legal Services Authority
HALSA---------------Haryana State Legal Services Authority
LAC-------------------Legal Aid Commission
LAO-------------------Legal Aid Ontario
LSC -------------------Legal Services Corporation
Legal Aid Act--------Legal Services Authorities Act, 1987
OEO------------------ Office of Economic Opportunity
NALSA---------------National Legal Services Authority
PIL---------------------Public Interest Litigation
7
BOOKS, ACTS, JOURNALS, MAGAZINES,
REPORTS AND WEBSITES CONSULTED
Law, Poverty and Legal Aid--book written by
Justice S. Muralidhar, Judge, Delhi High Court
Code of Criminal Procedure
Constitution of India
Legal Services Authorities Act, 1987
All India Reporter
Apex Decisions
Delhi Law Times
Recent Civil Reports
SCALE
Supreme Court Cases
Supreme Court Reports
Nyayadeep magazine published by NALSA
Nyayakiran magazine published by DLSA
Annual Report 2008-09 of Supreme Court
Annual Reports of DLSA
Law Commission of India- 14th Report
P.N. Bhagwati’ Report, 1971
Krishna Iyer’s Report, 1973
Juridicare Committee’s Report, 1977
Report of High Powered Committee For Implementing
Legal Aid Schemes, 1980
8
www.clasp.org
www.dlsa.nic.in
www.en.wikipedia.org
www.faculty.law.ubc.ca
www.hrsolidarity.net
www.hslsa.nic.in
www.goforthelaw.com
www.kslsa.kar.nic.in
www.laoc.org
www.legal service India.com
www.nalsa.nic.in
www.tnlegalservices.tn.gov.in
www.upslsa.up.nic.in
www.wikipedia.org
LIST OF CASES
9
Abdul Hasan and National Legal Services Authority vs.
Delhi Vidyut Board AIR 1999 Delhi 88=1999 (77) DLT
640=1999 (2) AD (Del) 105=1999 (2) RCR (Civil) 291
Ahmed Pasha vs. C. Gulnaz Jabeen AIR 2001 Karnataka
412
Allahabad Ladies Club vs. Jitendra Nath Singh 2007 (4)
SCALE 541
Amankumar Lalitbhai Parekh vs. Pritiben Amankumar
Parekh 2000 (2) F.J.C.C. 356 (Guj)
Anar Devi vs. Chandra Devi AIR 2005 Rajasthan 270
Andhra Pradesh State Financial Corporation vs. M/s. GAR
Re-Rolling Mills AIR 1994 SC 2151
Ashok Kumar Kantilal Rathod vs. Bhavanaben Ashokkumar
Rathod 2001 (2) R.C.R.(Civil) 47 (Guj)
Bajiban Salambhai Chauhan vs. Uttar Pradesh State Road
Transport Corporation 1990 (33) SCC 769
Centre of Legal Research vs. State of Kerala AIR 1986 SC
1322
D. K. Basu vs. State of West Bengal (1997) 1 SCC 416
Delhi High Court Legal Services Committee vs. Govt. of
NCT of Delhi 2009 (163) DLT 56= 2009 X AD (Delhi) 166
Delhi Science Forum vs. Union of India AIR 1996 SC 1356
Dr. Duryodhan Sahu and ors. vs. Jitender Kumar Mishra
1998 (4) SCALE 643
10
Fertilizer Corporation Kamgar Union vs. Union of India
AIR 1981 SC 344=1981 (1) SCC 468
Holicow Pictures Pvt. Ltd. vs. Prem Chandra Mishra 2007
(14) SCALE 10
Hussainara Khatoon vs. State of Bihar (1980) 1 SCC
89=AIR 1979 SC 1369
Hussainara Khatoon (IV) vs. Home Secretary (1980) 1 SCC
89=AIR 1979 SC 1369
Janta Dal vs. H.S. Choudhary 1992 (4) SCC 305
K.R. Srinivas vs. P.M. Premchand 1994 (6) SCC 620
Kaltyan Sanstha vs. Union of India Writ Petition no.
4582/2003 and others connected writs
Khatri vs. State of Bihar, AIR 1981 SC 926
Kishore Chand vs. State of Himachal Pradesh AIR 1990 SC
2140
M.C. Mehta vs. Union of India 1996 (4) SCC 351
M.C. Mehta vs. Union of India AIR 2001 SC 1948=2001(2)
SCR 698
M.C. Mehta vs. Union of India 2001 (9) SCC 235 and AIR
2004 SC 800
M.C. Mehta vs. Union of India AIR 2006 SC 1325=2006 (2)
SCR 264
M.H. Hoskot vs. State of Maharashtra AIR 1978 SC 1548
National Council for Civil Liberties vs. Union of India
(2007) 6 SCC 506
11
Menaka Gandhi vs. Union of India (1978) 1 SCC
248=(1978) 2 SCR 621=AIR 1978 SC 597
Milkmen Colony Vikas Samiti vs. State of Rajasthan (2007)
2 SCC 413
Neetu vs. State of Punjab 2007 (1) SCALE 168
Nihal Singh vs. State of Punjab 2000 Crl. L. J. 3298
Parmanand Katara vs. Union of India AIR 1989 SC 2039
Prakash Singh vs. Union of India (2006) 8 SCC 1
Pramod Kumar and Another vs. Bihar Vyavasayik Sangharsh
Morcha (2007) 7 SCC 659
People's Union for Democratic Rights vs. Union of India,
AIR 1982 SC 1473
R v. Liverpool Corporation, ex parte Liverpool Taxi Fleet
Operators’ Association, [1972] 2 QB 299, 308-9 (Lord Den-
ning MR) 1 WLR 550, 558-9, 564, 567.
R v. Commissioner of Police of the Metropolis, ex parte
Blackburn (No. 1) [1968] 2 QB 118
Ramjas Foundation vs. Union of India AIR 1993 SC 852
S.N. Pandey vs. Union of India Writ Petition (Civil No.
543/2002) decided on 28-10-2002
Sheela Bharse vs. State of Maharashtra AIR 1983 SC 378
State of Maharashtra vs. Prabha 1994 (2) SCC 48
Suk Das vs. Union Territory of Arunachal Pradesh AIR 1986
SC 991
12
Supreme Court Legal Aid Committee vs. Union of India
1998 (5) SCC 762=1998 (2) SCALE 79
Supreme Court Legal Services Committee vs. Union of In-
dia AIR 1998 SC 2940
Surgeev v. Sushila Bai, AIR 2003 Rajasthan 149
Sushanta Tagore vs. Union of India AIR 2005 SC 1975
T.N. Godavarman vs. Union of India AIR 1998 SC 2553
Udyami Evan Khadi Gramodog Welfare Sanstha vs. State of
U.P. 2007(13) SCALE 686
Vishaka vs. State of Rajasthan (1997) 6 SCC 241=1997 AIR
SCW 3043=AIR 1997 SC 3011
Vishwanath Chaturvedi vs. Union of India 2007 (3) SCALE
714
***********************************
13
CONTENTS
Chapter No.
Topic Page no.
1 INTRODUCTION 1 to 7
2 RESEARCH METHODOLOGY Problem
Rationale
Objectives of study
Hypothesis
Review of literature
Concept and variables
Research design
Chapterisation
Possible contribution to legal field
Limitation of the study
3 HISTORICAL BACKGROUND OF LEGAL
AID Law Commission Report (1958)
P.N. Bhagwati Committee report (1971)
Krishna Iyer Committee report (1973)
Juridicare Committee report (1977)
Committee for implementing legal aid
scheme
Legal Services Authorities Act, 1987
Salient features of legal aid
Philosophy behind legal aid
14
Legal aid-a contemporary look
4 ROLE OF PUBLIC INTEREST
LITIGATION IN LEGAL AID SERVICESI. Importance in legal aid movement
II. A tool to access to justice
III. A conceptual background
IV. Essentials
V. Reliefs
VI. Pitfalls
VII. Instances where PIL were filed by
legal services authorities/committees for
benefit of public at large
5 LEGAL AID—INTERNATIONAL AND
NATIONAL PERSPECTIVE WITH
SPECIAL EMPHASIS ON UNION
TERRITORY OF DELHI(A) Implementation of legal aid services in different
countries
1) Legal aid in United States of America
2) Legal aid in England
3) Legal aid in Canada
4) Legal aid in China
5) Legal aid in Australia
(B) Mandate of Legal Services Authorities Act in India
15
Uttar Pradesh State Legal Services Authority
Haryana State Legal Services Authority
Tamil Nadu State Legal Services Authority
Karnataka State Legal Services Authority
Maharashtra State Legal Services Authority
Delhi State Legal Services Authority
6 LEGAL AID SERVICES:CONTEMPORARY
ISSUES AND CHALLENGES1) Responsibility of the Legal Services
Authorities
2) Accountability of other authorities towards
Legal Services Authorities
3) Role of NGOs
4) Role of judiciary and Legal Services
Authorities in developing conciliatory forum
5) Judicial hunch
6) Lok Adalat and its statutory recognition
7) Practical difficulties being faced by lok
Adalats
(i) Reluctance of litigants
(ii) Reluctance of advocates
(iii) Reluctance of judges
(iv) Reluctance of government
8) Alternative Dispute Resolution methods to
16
resolve disputes
(i) Alternative dispute resolution mechanism
(ii) Important characteristics of ADR
(iii) Relevance of ADR in contemporary
judicial system
(iv) ADR systems for urban litigation
(v) What advantages does ADR have over the
normal judicial process
(vi) Need for ADR in Indian judiciary
9) Solution of drawbacks
7 IMPLEMENTATION OF LEGAL AID
SERVICES WITH SPECIAL EMPHASIS
ON UNION TERRITORY OF DELHI
(A) Implementation of legal aid services in India
1) Legal aid movement and its statutory recognition
2) Constitution and functions of Central Authority
3) Nature of functions and duties performed by LSA
4) Constitution and function of State Legal Services
Authorities
5) Forum of settlement of disputes/cases
(B) Delhi Legal Services Authority
(C) Delhi High Court Legal Services Committee
(D) Entitlement of legal services
17
(E) Legal aid activities of the DLSA
(i) Legal aid counsel scheme
(ii) Appointment of jail visiting advocates
(iii) Raising of income ceiling
(iv) Emphasis on competent and quality legal
services to aided persons
(v) Accreditation of non governmental
organizations
(vi) Marriage and family counseling centres
(vii) Free legal aid centres
(viii) Opening of child and family counseling
legal aid centre in association with School
of Law and Legal Studies, Guru Gobind
Singh Indraprastha University, Kashmere
Gate, Delhi
(ix) Observance of legal services day
(x) Helpline
(F) Empirical study of law (legal aid) with special
reference to its implementation in Union Territory of
Delhi
1) Legal awareness and legal aid programme
2) Permanent lok adalats for accident matters
3) Lok adalat for family/matrimonial disputes
4) Lok adalat for resolution of private sector bank recovery cases
5) Permanent and continuous lok adalat
6) Lok adalats for civil matters
18
7) Lok adalats for rent cases
8) Mediation and conciliation centre at Rohini Court
Complex
9) Seminars/symposium/legal awareness/ training
programmes
(a) Legal awareness programme on child
labour in Kalyanpuri
(b) Legal awareness programme on domestic
violence at Seelampur
(c) Inauguration of legal aid and counseling
centre at Tihar jail court complex and release
of 3rd Annual Report of Delhi Legal Services
Authority
(d) Legal awareness programmes on the
conclusion of 1st ever adalat on plea
bargaining and release of booklet on plea
bargaining at Tihar jail
(e) Legal awareness programme on traffic
rules and regulations at Indoor Stadium,
Talkatora Gardens
(f) Legal awareness programme in
International Trade Fair at Pragati Madan
(g) Symposium on ‘child labour—moral and
legal conflicts’ at Guru Gobind Singh
Indraprastha University
(h) Legal awareness programme and health
19
mela at Rohini Court Complex
(i) Legal awareness programme at Tyag Raj
Stadium
(j) Seminar on domestic violence at Vigyan
Bhawan
(k) Seminar on female foeticide at Vigyan
Bhawan
(l) A talk on the Indian experiments for
improving ‘Access to Justice’
(m) Training programme on Protection of
Women from Domestic Violence Act, 2005 at
V. Krishna Menon Bhawan, Bhagwan Dass
Road, New Delhi
(n) Inauguration of the Central Office of
Delhi Legal Services Authority and
commencement of Daily Lok Adalat at Patiala
House Courts, New Delhi
(o) Women’s day celebration at India Gate
lawns
(p) Legal awareness programme at Tihar jail
as a sequel to International Women’s day
celebrations
(q) Workshop to explore ways and means to
enhance disposal of cases under section 138
N.I. Act at Judges Lounge, High Court of
Delhi
(r) Question base finalization for citizen
relationship and grievance management and 20
call centre project
10) Legal awareness programme on plea bargaining in
jails
11) Special Adalats on plea bargaining
12) Workshops to train and sensitize the police officers
on alternative dispute resolution mechanism
13) Lok adalat for the settlement of cognizable and
criminal compoundable cases at pre-litigation stage
14) Accreditation of NGOs and collaboration with
Governmental Organizations, Bar Associations,
Colleges, RWAs etc.
15) Training to colleges students and para legal
volunteer workers in legal aid programmes
16) Mobile legal services van
8 CONCLUSION AND SUGGESTIONS Suggestions to State
Suggestions to courts and judges
Suggestions to lawyers
Suggestions to legal services authorities
Suggestions to law students and law colleges
Suggestions to governmental agencies, non
governmental organizations
21
CHAPTER 1
INTRODUCTION
Inability to consult, engage or represented by a lawyer during any kind of legal
proceedings in courts, government offices, authorities and departments etc. for
defending or prosecuting a person's legal rights and obligations may amount to the
same thing as being deprived of the security and equal protection of the laws. Each
one should have an equal right to the most extensive system of basic liberties
compatible with a similar system of liberties for all. One need not be a litigant in the
court to seek aid by means of legal aid. Legal aid or help should be available to
anybody on the road, workplace and even in his house.
Due to a multitude of factors such like illiteracy, destitution, absence of
knowledge of rights and corruption heading the list, disadvantaged groups remain
largely invisible to the formal legal system and therefore, continue to suffer the
substantive inequalities that plague their lives.
The Indian Constitution has put in place a legal system which endeavours to
protect the rights of everyone. However, one must realize that existence of rules and
regulations and law is one thing and its implementation is another.
As per the Preamble of the Constitution, the people of India have given
themselves a Constitution which constitutes India a sovereign, socialist, secular,
democratic republic which secures to all its citizens justice—social, economic and
political, liberty of thought, expression, belief, faith and worship; equality of status
and of opportunity; and to promote among them all fraternity assuring the dignity of
the individual and the unity and integrity of the nation.
The Constitution has defined and declared the common goal for its citizens in its
Preamble. The eternal value of constitutionalism is the rule of law which has three
facets, i.e., rule by law, rule under law and rule according to law. Under Constitution,
it is the primary responsibility of the state to maintain law and order so that the
22
citizens can enjoy peace and security.
In the context of constitutional demands and state obligations, legal aid has
assumed a more positive and dynamic role which must include strategic and
preventive services. Relieving ‘legal poverty’, i.e., the incapacity of many people to
make full use of law and its institutions has now been accepted as a function of a
‘welfare state.’ Apart from the social, economic and political requirements on which
the claim of legal aid rests, it is now recognized as a constitutional imperative arising
under articles 141, 212, 22(1)3 and 39A4 of the Constitution as well as under different
statutes and legislations which also derives their powers from the constitution. The
Constitution guarantees ‘Right to Constitutional Remedies’ as a fundamental right.
The system as guaranteed above under Constitution w.e.f. 26 January, 1950
worked satisfactorily in the initial years. However, with the rapid growth and boom
in population over the years, it was being felt that the justice delivery mechanism of
the Indian society and Indian polity was costly for the poor, the laws a little too
complex for the illiterate to understand and the procedure is as slow to bring about
instant relief.
Article 39A of the Constitution provides that the state shall secure that the
operation of the legal system promotes justice on a basis of equal opportunity and
shall, in particular, provide free legal aid by suitable legislation or schemes or in any
other way, to ensure that opportunities for securing justice are not denied to any
citizen by reason of economic or other disabilities.
1 Equality before law—The State shall not deny to any person equality before law or the equal protection of the laws within the territory of India.
2 Protection of life and personal liberty—No person shall be deprived of his life or personal liberty except according to the procedure established by law.
3 Protection against arrest and detention in certain cases----(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
4 Equal justice and free legal aid—The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
23
The importance of good, competent and effective legal aid is often overlooked
by everybody until a serious need for legal counsel or representation arises. The
reasons why people need legal aid can vary as widely as the individuals themselves.
Some people need legal representation for civil suits, either as the claimant or
defendant. Some people may need aid dealing with divorce, domestic violence
charge, involvement in criminal offenses etc. Many people take services of lawyers
for help in writing wills, documents of different nature as well as before signing
business contracts. The needs and requirements of legal help and stage when it is
needed, in the sphere of life cannot be counted being endless. Whatever the need for
legal aid, it is certain to be an important issue and one in which there is no room for
mistakes.
The government provides free legal aid to the needy. 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 any
authority. However, in a country of continental dimensions and with population more
than a billion, it becomes very difficult to provide free legal aid to everyone.
The idea of legal aid originated in medieval period. The legal aid, however, was
considered to be hybrid in some form of political right or charity from rich to the poor
initially. In the fast changing socio-economic conditions, this view was found not
acceptable. In the modern society, legal aid cannot be placed on the lower side. If the
law has to play, a purposeful and significant role in a democratic order for the socio-
economic reconstruction of the society, legal aid must give meaningful and
substantive education to the poor about the law and their rights and provide solution
to their legal problems.
Article 14(3) of the International Convention on Civil and Political Rights
(ICCPR), 1966 guarantees to everyone, “the right to have legal assistance assigned to
him in case where the interest of justice shall require, and without payment by him in
any such case if he does not have sufficient means to pay for it”.
The government of India started addressing the question of providing free legal
aid to the poor, weaker sex, disadvantaged groups and down trodden persons etc.
24
since 1952. The Fourteenth Report of the Law Commission of year 1958 also echoes
this concept:
Equality is the basis of all modern systems of
jurisprudence and administration of justice. In so far as a
person is unable to obtain access to a court of law for
having his wrongs redressed or for defending himself
against a criminal charge, justice becomes unequal and
laws which are meant for his protection have no meaning
and to that extent fail in their purpose. Unless some
provision is made for assisting the poor man for the
payment of court fees and lawyer’s fees and other
incidental costs of litigation, he is denied equality in the
opportunity to seek justice.
To achieve the constitutional goal of ‘equal justice to all,’ a new directive
contained in article 39A, has been inserted to enjoin the state to provide free legal aid
to the poor and particular categories and to take other suitable steps to ensure equal
justice to all.5 In 1980, Committee for Implementing Legal Aid Schemes (CILAS)
was constituted to oversee, supervise, monitor and implement legal aid programs on a
uniform basis throughout the country. The Committee evolved a model scheme and
after removing certain deficiencies, it was desired to constitute statutory legal
authorities from national level to village level. In 1987, to fulfill the constitutional
obligation and to give a statutory base to legal aid programs, Legal Services Authority
Act was enacted which came into force with effect from 9 November 1995.
The Legal Services Authorities Act 1987 (hereinafter referred as ‘Legal Aid
Act’), was enacted to effectuate the constitutional mandate enshrined under Articles
14 and 39A of the Constitution. The object is to provide ‘access to justice for all’ so
that justice is not denied to citizens by reason of economic or other disabilities.
5 Article 39A of the Constitution of India inserted by Constitution 42nd Amendment Act, 1976 w.e.f. 03.01.1977
25
However, in order to enable the citizens to avail the opportunities under the Act in
respect of grant of free legal aid etc, it is necessary that firstly they are made aware of
their rights. Legal aid is an essential part of the administration of justice and must be
so implemented.
Section 2(c) of Legal Aid Act defines legal service which includes the rendering
of any service in the conduct of any case or other legal proceeding before any court or
other authority or tribunal and the giving of advice on any legal matter. The definition
of ‘legal service’ under this Act is not restricted but is inclusive. It may include
number of things which could not have been anticipated by the Parliament at the time
of passing the Act pertaining to enforcement of legal rights and obligations. Court
means a civil, criminal or revenue court and includes any tribunal or any other
authority constituted under any law for the time being in force, to exercise judicial or
quasi judicial function as described under section 2(aaa) of the Legal Aid Act.
Indian Judiciary in the past six decades has done a remarkable job of protecting
citizens’ rights, liberty, dignity and rule of law against all obnoxious odds by
controlling the abuse of administrative discretions and arbitrary actions.
The administration equipped with rule-making powers overwhelms the “little
man” by trampling upon his liberty and property. The judiciary has been instrumental
in channelising the unbridled administrative powers to achieve the basic aim of any
civilized society, “growth with liberty”. There are also certain legislations which were
challenged on constitutional scale and were subsequently struck down by courts
partly or wholly.
26
It is a privilege to the Indian people that the judicial review and scrutiny
available under articles 326, 2267 and 1368 can not be barred and fettered by any
finality clause contained in any statute. Indian courts are full of admirers who respect
their ingenuity and integrity. Among the three organs of the government, people
repose more faith in judiciary.
6 Remedies for enforcement of rights conferred by this Part—(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.(2) The Supreme Court shall have power to issue directions or orders or writs including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament my by law empower any other court to exercise within the limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.
7 Power of High Court to issue certain writs—(1) Notwithstanding anything in article 32, every High Court shall have powers, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including (writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part-III and for any other purpose)(2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or the authority or the residence of such person is not within those territories.(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on, or in any proceedings relating to, a petition under clause (1), without—(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim order; and (b) giving such party an opportunity of being heard makes an application to the High Court for the vacation of such order and furnishes a copy of such application to the party in whose favour such order has been made or the counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next day, stand vacated.(4) The power conferred on a High Court by this article shall not be in derogation of the power conferred on the Supreme Court by clause (2) of article 32.
8 Special Leave to appeal by the Supreme Court—(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.
27
In Fertilizer Corporation Kamgar Union v. Union of India9, Justice Krishna
Iyer had rightly observed, “But when corruption permeates the entire fabric of the
government, legality is the first casualty.”
The administration equipped with tremendous powers of rule-making in the
form of Rules, Regulations, Orders, Bye-Laws, Direction and Schemes mostly
indulge in improper exercise of discretion adversely affecting the common man and
inviting judicial review. Today the state is seen everywhere fighting the citizens like a
‘cantankerous litigant’.
In early eighties, the Supreme Court adopted a pro-active approach by
developing Social Action Litigation (SAL) or Public Interest Litigation (PIL) for
which major credit goes to Justice P. N. Bhagwati, who lateron become the Chief
Justice of India.
There is no dearth of citations where the courts provided solace and relief to
the masses by entertaining direct PIL and even by accepting letters, newspaper reports
as well as by considering even anonymous complaints and intimations. Lot of
criticism sometimes took place especially in the field of legislature and executive for
interfering in their powers, discretion and authorities by the judiciary but actually it
was not so. The allegation of ‘over stepping’ are not correct because the courts are
simply passing directions to the paralyzed arms of the government to implement the
law of land as they fail miserably in their duty to perform.
Ask a common man about the various important orders, directions and writs
passed by Supreme Court and High Courts which benefits people at large and they
will also put the judiciary in high esteem and will praise it while criticizing other
functionaries of state. People have faith in the judiciary and prefer to approach court
of law for redressal of their grievances but due to their incapability, lack of funds and
legal knowledge suffers with no fault of their. That was the reason that need of
providing free legal aid and services arose to the needy and particular categories of
people in the society.
9 AIR 1981 SC 344.
28
At present, free legal aid or services is not only a statutory but also a
fundamental right, as per the judgment of the Supreme Court in Hussainara khatoon
v. State of Bihar.10
Sensitization of judicial officers in regard to legal aid schemes and
programmes is also a big agenda in Indian Judiciary. Mr. Justice S.P. Bharucha, had
observed that not all judicial officers in the country are duly sensitized to legal
services schemes and programmes and as such are unable to guide poor litigants in
this regard. He directed that Legal Services Authorities must ensure that judicial
officers are duly sensitized about the work which National Legal Services Authority
is doing and its importance for the poor and illiterates.11
In the Chief Justices' Conference held at New Delhi in 2006 a resolution was
passed to say that in the service records of the judicial officers, their interest in legal
aid programmes should be reflected and all the High Courts should take steps for
sensitizing the judicial officers in regard to legal aid programmes and schemes. Once
all the judicial officers in the country get properly sensitized in regard to the
relevance and importance of legal aid schemes, they shall themselves start caring for
the poor, backward and weaker sections of the society who are not in a position to
engage their own counsel and look after their legal causes.
India is a sovereign, socialist, secular, democratic republic.12 Socialism is not a
code of belief but is a philosophy of life. To bring cheer to everyone, to make
everyone feel safe and to wipe tears from each eye is the ultimate object of every
welfare state. Indian Constitution, therefore, has put in place a legal system which
endeavors to protect the rights of everyone.
The justice which is social, economic and political and which must be
secured to all its citizens is one of the basic backbones of Constitution. The securing
of such justice pre supposes that there is an equality of opportunity as well as
10 (1980) 1 SCC 89: AIR 1979 SC 1369
11 Judge Supreme Court and Executive Chairman, National Legal Services Authority while writing from the Desk of the Executive Chairman in January, 1999 issue of 'Nyaya Deep' magazine
12 Preamble of Constitution of India. 29
availability of equal access to all concerned so that state can achieve goal of social,
economic and political justice. One must also realize that existence of rules,
regulations and law is one thing and its implementation is another.
Over the years, however, it is being felt that the judicial system is little costly,
complex for the illiterate to understand and the procedure is slow to bring instant
relief. To supplement the justice delivery system, the Legal Services Authorities Act
was enacted after a high powered Committee for Implementing Legal Aid Schemes
(CILAS) constituted by Central Government in the year 1980 worked out a
comprehensive legal aid programme on uniform basis throughout the country
providing a four-tier legal aid programme at National, State, District and Taluk levels.
Under this Act, the NALSA was set up as Central Authority at the apex. Since then,
different legal services authorities and committees have been set up at States and
Union Territories levels, District levels as well as Taluk levels all over the country at
the moment.
The Delhi Chapter under the Legal Aid Act was formed in 1996 as Delhi
Legal Services Authority and has since then come a long way in making access to
justice faster, cheaper, reliable and more meaningful.
Different functions to be performed by the Central and State Authorities as
well as District and Taluk Legal Services Committee have been discussed in detail in
following chapters but one thing common in all is that proper care has been taken to
provide legal services free of costs to those who falls in different categories of
entitled persons. These categories as prescribed in section 12 of the Act almost covers
those persons who due to poverty, backwardness, weakness, victims of circumstances
and suffering from different calamities etc. are unable to protect their legal and
constitutional rights in the court of law.
***************
30
CHAPTER 2
RESEARCH METHODOLOGY
Problem
In the year 1977, the Constitution was amended to fasten a liability on ruling
politicians to provide a system of free legal aid. This was to ensure that opportunities
for securing justice are not denied to any citizen by reason of economic or other
disability. The politicians washed their hands of this liability by enacting the Legal
Aid Act. The entire task was passed on to judges from the apex court to the district
court. It was bankrolled by funding from the union government.
The Act gave a charter by which judges have to discharge functions having
nothing to do with their constitutional duties of judging and administering their own
respective courts. The charter is so wide that it has made the judges the cutting edge
of the fight against corruption in the development process that affects the lives of
millions and at the same time illegally funds our politicians but that has not happened
and there seems to be little chance of that happening. Instead, like the ruling
politicians, judges-run legal aid is not open to public scrutiny with regard to
utilization of its own funds.
The problems in utilization of legal benefits by disadvantaged groups
depended on the levels of legal awareness and availability of legal services to that
particular group and that a variety of historical, sociological, and economic
constraints limited the scope of access to legal services to such groups.
Due to a multitude of factors with illiteracy, destitution, and corruption
heading the list, disadvantaged groups remain largely invisible to the formal legal
system and therefore continue to suffer the substantive inequalities that plague their
lives.
It is evident that the right to legal aid is an enforceable right in Indian
jurisprudence and at least in theory, has appropriate schemes and means of
implementation. However, one of the most crucial deficiencies which emerge in the 31
current scenario is that of the role played by the lawyer. Quality lawyer is the need of
the hour but is unfortunately not always available. The brightest minds in the
profession are often unavailable to devote time and effort to legal aid because of the
low remuneration involved. It is pertinent to note though, that while counsels
appointed for the state are paid a much higher fee, counsels appearing in legal aid
matters clearly do not receive the same.
There is inadequate awareness both regarding the substantive legal provisions
(the rights guaranteed to persons) as well as regarding the legal institutions which can
render necessary help to them for enforcement of these rights. The poor and the
deprived people often remain so and are unable to seek redress simply because they
are not at all aware of the rights guaranteed to them and the remedies that are
available and which forum is to be approached. This problem is further enhanced by
the fact that those who require the help of the laws, mostly are unable to understand
the same merely because of language barrier.
The language of the legal system in India is mostly English. How then can one
expect those who are unable to understand or speak this language, to be aware of the
rights they have? This is why special additional efforts must be made to increase
awareness amongst such deprived class. The Legal Aid Act has already emphasized
the need to increase awareness amongst people. In addition, assistance of
organizations that work at the grassroots level should be taken by not only the courts
but by other institutions as well. Further, the effort must not end at only making good
laws for the weaker sections of society – it must continue until news of it reaches the
ones it is meant to help. The reasons for not reaching the news are due to—
Lack of coordination between the enforcing agencies.
Lack of awareness about the existence of such authorities.
Lack of funds
One of the problem areas that have always held out as the sore thumb is lack of funds.
32
The declaration of legal service as an assurance owed to each citizen by the state
should by itself be sufficient to discard as invalid the excuse of financial crunch. The
legal aid clinics involving law students, law teachers and others have not evinced
proper interest of the prospective consumers of such apparatus for several other
factors as well. The active & meaningful participation by the lawyers can achieve the
additional purpose of commanding the confidence of both sides to a given dispute
thereby ensuring their cooperation. Further, the engagement of young law students in
legal aid clinics or legal literacy campaigns is bound to bring fruitful results. Young
lawyers and young law students would also stand to gain by getting the opportunity to
examine the legal concepts juxtaposed against real life problems. They would also get
opportunity to have first hand experience of seeing the plight of those receiving the
wrong end of the law or its action. In the process, they are bound to get proper
orientation for dealing with issues of social and economic justice and get inculcated
in the ethos of peace, harmony and common welfare shifting their mindset from
adversarial system of justice to one craving for amicable settlement through
mediation or conciliation. The big challenge for the judiciary is to act to the
realization that there is little value in a progressive judicial will that despite being
decisive is not prevailing.
Rationale
In every society there is a wide gap between the people and the justice
delivery system. The need of the hour is to attach importance on causes of the poor
and down trodden. Legal Assistance is a necessary sine qua non for justice and where
it is not provided injustice is likely to result. To achieve the constitutional goal of
equal justice to all, a new directive, Article 39A has been inserted in 1976 to enjoin
the state to provide free legal aid to the poor and to take other suitable steps to ensure
equal justice to all. In 1987 to fulfill the constitutional obligation and to give a
statutory base to legal aid programs, Legal Aid Act was enacted. This Act was finally
enforced on 9 November 1995.
Under Legal Aid Act, free legal services are being provided which includes
33
the rendering of any service in the conduct of any case or other legal proceeding
before any court or other authority or tribunal and the giving of advice on any legal
matter. Court means a civil, criminal or revenue court.
Legal services under the Act are effective only in limited jurisdiction and it is
practically not available in revenue courts. In most of the cases studied for this report
legal aid is provided and further all persons in villages are not aware of the provision
of legal aid.
In spite of statutory and constitutional provisions guaranteeing free legal
services to the poor and needy, access to justice still remained as a dream for millions
of Indians. The realization and enforcement of the right to legal aid is still a
challenge.
Objectives of Study
The objectives of study are as follows:—
To understand and study the significance of legal aid services.
To study historical and philosophical background of legal aid.
To study and analise the contemporary look of legal aid.
To highlight the important role played by the judiciary under the
system of public interest litigation (PIL)
To analise the legal aid services in national prospective.
To examine and access the responsibility and accountability of
concerned authorities.
To analise the pendency in justice and its disposal.
To search empirically the implementation of legal aid services in
Delhi .
To suggest important measures to improve the existing position of
legal aid services.
Hypothesis
34
The main aim of this research is to find out whether the legal aid services are
properly delivered to the needy and poor persons or not? The Legal Services
Authorities Act which is nicknamed as Legal Aid Act prescribe the list of persons
who are eligible to seek and avail legal aid and have to be given mandatory legal aid
and services unless they knowingly and intentionally refuse to take the same despite
knowing the consequences of non availing of the same. It is bounded duty of every
quasi judicial authority as well as court that there should not be any unrepresented
needy person.
After studying the work, function and performance of various Legal Services
Authorities as well legal aid service providers especially in Delhi state, it is found that
the intention of the legislature behind framing the Legal Aid Act has been fulfilled to
a great extent though some more things still can be done. The legal aid is required to
reach to all the needy, downtrodden and poor persons in every hook and corner of the
country including of remote areas and this can happen only when extensive awareness
programmes are organized and conducted in every village, slum areas and remote
corner of every district. While conducting research in respect of activities of the Delhi
Legal Services Authority, it is found that this authority has involved various
innovative ideas such as use of mobile van, 24 x 7 legal aid clinic, telephone helpline,
continuous lok adalats, mega lok adalat etc. for providing legal services and for
creating awareness about the rights of the people and facilities and schemes available
of them as well as for quick disposal of the pending cases and at pre-litigative matters
and that those ideas should be also adopted in other states.
While conducting research, it is also found that if some more actions are done
at different levels as suggested at the end of the thesis, then the spirit behind the
framing of the Legal Aid Act can be also fulfilled upto maximum and can achieve its
upper heights. I have also come to the tentative conclusion after completing my
research that my perception that legal aid and service is being reached to majority of
needy and poor persons especially in Delhi state is correct.
Review of literature During this research, number of books, magazines, articles, reports and
35
material available on websites are consulted. Numbers of judgments delivered by
Supreme Court as well as various High Courts have been gone through by consulting
law journals which have direct bearing and effect upon this topic. The relevant and
material data and information has been incorporated at the appropriate place and
level.
The personal experience gained by me while working as member secretary of
Delhi Legal Services Authority for about four years has provided much help to me to
conclude this thesis to its conclusion end. The book ‘Law, Poverty and Legal Aid’
written by Justice S. Muralidhar, Judge, Delhi High Court has provided much help
and material in completing this thesis.
The magazines ‘Nyaya Deep’ published by NALSA and ‘Nyaya Kiran’
published by Delhi Legal Services Authority along with various annual reports and
some other magazines published by different state authorities were also very helpful
in providing lot of data and information about activities and steps taken for
implementing the various provisions of Legal Aid Act.
The websites of different departments and legal aid institutions in different
countries which have been referred to at the relevant places in the thesis when
compared with the activities and functions of the legal aid providers in India leads to
the inference that in our country the work of providing legal aid and services to poor
and needy persons is much better then in any other country is done here.
Concepts and variables Legal aid simply does not include the providing of services of an advocate to
poor persons in various litigations but it also includes payment of every expense
required while conducting the case in court as well as court fees. Legal aid also can
be provided to the needy persons even in those disputes which are at pre-litigative
stage. The holding of lok adalats of pending and pre-litigative stage in order to
provide quick and cheap justice to the parties and to reduce the burden of the courts is
also a major duty of every state legal authority. The holding of permanent and
continuous lok adalats in various fields and public utility services is also a major step
36
towards achieving the targets as set up in the Legal Aid Act. Central and state legal
aid authorities are also empowered to institute, interfere and pursue the public interest
litigations which effects public at large and are raising important issues of public
importance.
Research design
i. Nature of study—The research is doctrinal and empirical in nature.
ii. Collection of data—The relevant data disclosed and relied upon in
various chapters of the thesis has been collected from various official
magazines, reports and study material published by the different legal
services authorities as well as from the official websites of different
governmental and non governmental offices and agencies. Reference of such
source has been mentioned at the relevant place of the thesis. Some private
articles have also been referred to in order to support certain issues relating
to the research work. Various journals such as All India Reporter, SCALE,
Supreme Court Cases etc. containing important decisions pronounced by
Supreme Court and various High Courts have been consulted and in this
regard library of Indian Law Institute, Delhi High Court and District court
was visited. The software CD containing the decisions of various courts
published by AIR and Law Finder was also searched. Since the study mainly
concentrated surrounding the functions and activities of the Delhi Legal
Services Authority, so besides taking important facts, figures and data from
the office of this authority as well as from its quarterly magazine ‘Nayaya
Kiran’, Annual Reports and official website, the personal knowledge and
experience has also contributed much in completing this work.
iii. Universe and sampling designing.—The data relating to referred and
decided cases in lok adalats in respect of pending and pre-litigations have
been taken and got verified personally by checking about two hundred files
from the office of Delhi Legal Services Authority on random basis out of
approximately 4,000 files for the period of 2005 till March, 2008 and tallied
37
with the information and data maintained by the office of state authority and
found correct. The files pertaining to recovery matters, criminal
compoundable cases, motor accident cases pending in the courts as well as
Jalad Rahat Yojna (JRY) cases, rent disputes etc. were gone through. The
case files of pending and disposed off in permanent Lok Adalats of
electricity and DDA matters were also checked up.
The number of beneficiaries who were provided legal aid for
conducting cases in courts as well as persons who were simply given advise
and in respect of which conciliations proceedings were done has been
calculated by visiting various legal aid centers including situated in Tihar
Jail, office of central authority situated in Patiala House court complex and
various committees situated in different court complex as well as doing
search work in 24 hours legal aid clinic.
The reports regarding various seminars, functions and programmes
organized are mainly correct and authenticated as being member secretary of
the Delhi state authority for the period of more than three years from 2005
to March, 2008 the same were held and organized under the direct
supervision and my control. However only the details of important functions
and programmes has been given. The universal sampling of data maintained
by different authorities, institutions and offices is based for this research but
by taking random samples of the same and getting the same authenticated
and verifying, an average achievements can be taken note of it to find out
what was the actual achievements of the state authority per year on an
average. The analyze can be described in brief in the following table.
PeriodNature Universe
(approx)Sample Size
(approx)
2005 to Cases disposed off in lok adalat 4000 200
38
July,2010
2005 to March,
2008
Seminar/conferences/workshops 100 90
2005 to March,
2008
Legal aid provided to poor, jail
inmates/conciliation proceedings
done/advises given
2,500 800
Chapterisation The present thesis has been divided into eight main chapters and in some
chapters, sub topics have been given. The first chapter relates to the basic introduction
about need of legal aid by different persons and obligation of the state to provide legal
aid to the needy and eligible person has been discussed. Access to justice and equal
protection of law is not only the fundamental right of every citizen but it is the duty of
the state to provide free legal aid to needy and poor person which has been included
in the directive principles of the state enshrined in Article 39A of the Constitution of
India. The availability of free legal aid is not only limited to ordinary courts but it
covers every tribunal, authority or office performing quasi judicial functions. To
supplement the justice delivery system and to fulfill its duty, central government
enacted Legal Services Authorities Act in the year 1987 which came into force in the
year 1995. Under this Act, comprehensive legal aid programme on uniform basis
throughout the country from village level court to highest court was provided besides
directing to set up different legal services authorities and committees from Taluk level
upto national level. Legal services not only included providing of advocate free of
cost but also to bear all the expenses connected with the litigation and court fees.
Spreading of awareness about one’s rights and how and from which authority such
rights can be enforced as well as to take up the important matters of common man to
the higher courts in public interest litigation is also a part of the functions of the legal
services authorities and committees.
In the present chapter, it is discussed in brief which particular tool was used to 39
carry out the research. What material was collected, how data was obtained, what
source of information was contacted etc. is discussed. The objective behind carrying
out the research and why this topic was selected is touched. The third chapter deals
with the historical background of legal aid, when, where and why the concept of
providing legal aid to poor persons was developed and how it grow to the existing
position and formed in the shape of a statutory provision is discussed in this chapter.
The reports of different committees, Law Commission of India and various provisions
of Legal Services Authorities Act are discussed and pointed out besides describing the
role of different persons in developing and making contributions to the same is
brought forward. What is the philosophy behind legal aid is also tried to be discussed
in this chapter.
The fourth chapter deals with the role of public interest litigation in legal aid
services. In this chapter, the scope and ambit of the PIL as well as how this concept
was developed is discussed. Who can institute such litigation and against whom, how
the court can be approached, what type of reliefs can be claimed, what type of orders
can be passed by the courts and what are the innovative ideas developed by court to
enforce their directions, what are the limitations and obstructions in pursuing the
same in court of law are dealt with besides giving references to some important PIL.
Some instances where state legal services authorities and committees have also
instituted PIL are given while discussing the powers given under Legal Services
Authorities Act to institute such type of litigations. The importance of PIL in legal aid
field and how this method can be of big use in fulfilling the objectives of the Act is
taken note of it.
The fifth chapter point out how and in which manner, legal aid is provided and
under what authority in different countries. At national level, the role, activities, main
achievements and contributions made by different state legal services authorities are
pointed out while discussing in brief regarding set up of the legal services authorities
and committees. Since this thesis is mainly concerned with the Delhi state, so the
activities of Delhi Legal Services Authority is discussed in detail while pointing out
how and in which manner the DLSA has become successful in implementing the
40
provisions of Legal Services Authorities Act in true and real sense. The data and
information collected is well defined besides showing that achievements of this
authority is much better then any other state authority.
In the sixth chapter, the responsibilities of state legal services authorities are
defined besides pointing out how legal aid can be provided, which authority can
provide such services, what are the role of different institutions, non governmental
organizations and government authorities qua the goal of providing legal aid, who are
the persons who falls in the eligibility criteria to avail the legal aid, the role and
responsibilities of the courts to make available the provision of legal aid to poor and
unrepresented litigants, benefits of Lok Adalats and ADR mechanisms to get cheap
and quick solution of the dispute, constitution of permanent lok adalats, practical
difficulties faced by lok adalats and reluctant of different persons and authorities to
approach this forums etc. is discussed in this chapter.
In the seventh chapter, Legal aid movements in India , constitution and
functions of Central and State Authorities under Legal Services Authorities Act as
well as work and activities done, workshops, training programme and seminars
conducted, awareness programmes organized and various schemes floated by Delhi
Legal Services Authority have been described. Empirical study of legal aid with
special reference to its implementation in Delhi state is dealt with in this chapter in
detail.
In the last chapter, while concluding and summarizing the thesis, various
suggestions have been given to courts, legal services authorities, government
authorities, non governmental organizations, lawyers, law colleges etc. and different
ways have been shown how and in which manner the legal aid can be effectively
provided to the needy persons and how and in which it should work with coordination
with each for best utilization of the beneficial provisions of the Legal Services
Authorities Act. Legal Services Authorities must work with great dedication,
approach persons living in remote areas and create awareness of availability of legal
services available to them.
41
I. Introduction
II. Research Methodology
III. Historical Background of Legal Aid
IV. Role of Public Interest Litigation in Legal Aid Services
V. Legal Aid : National Perspective with Special Emphasis on Union
Territory of Delhi
VI. Legal Aid Services : Contemporary Issues and Challenges
VII. Implementation of Legal Aid Services with Special Emphasis on Union
Territory of Delhi
VIII. Conclusion and Suggestions
42
Crux of Chapters
Chapter-1 (Introduction):- In this chapter, basic introduction about need of legal aid
by different persons and obligation of the state to provide legal aid to the needy and
eligible person has been discussed. Access to justice and equal protection of law is
not only the fundamental right of every citizen but it is the duty of the state to provide
free legal aid to needy and poor person which has been included in the directive
principles of the state enshrined in Article 39A of the Constitution of India. The
availability of free legal aid is not only limited to ordinary courts but it covers every
tribunal, authority or office performing quasi judicial functions. To supplement the
justice delivery system and to fulfill its duty, central government enacted Legal
Services Authorities Act in the year 1987 which came into force in the year 1995.
Under this Act, comprehensive legal aid programme on uniform basis throughout the
country from village level court to highest court was provided besides directing to set
up different legal services authorities and committees from Taluk level upto national
level. Legal services not only included providing of advocate free of cost but also to
bear all the expenses connected with the litigation and court fees. Spreading of
awareness about one’s rights and how and from which authority such rights can be
enforced as well as to take up the important matters of common man to the higher
courts in public interest litigation is also a part of the functions of the legal services
authorities and committees.
Chapter-2 (Research Methodology):-As the research upon legal aid is mainly
related to the Union Territory of Delhi, so in this chapter, it is discussed in brief which
particular tool was used to carry out the research. What material was collected, how
data was obtained, what source of information was contacted etc. is discussed. The
objective behind carrying out the research and why this topic was selected is touched.
What particular activities are carried out in Delhi Legal Services Authority and how
the same were found better then other state authorities are based not only upon
personal knowledge and experience gained while working as Member Secretary of
43
this authority but also from various records, reports and data. The need of the hour is
to attach importance on causes of the poor and down trodden and legal assistance is a
necessary sine qua non for justice and where it is not provided injustice is likely to
result. Through the thesis, I have tried to touch the various aspects of the legal aid and
different provisions of Legal Services Authorities Act and opined to what an extent
this provisions have helped the poor and helpless people to bring smile on their faces
after getting justice from the court of law and what steps can be taken further to
improve this facility and to take maximum benefits of the various provisions of the
law. Some discussions have also been made to bring on record the shortfalls, defects
and loopholes of the provisions of the Act besides pointing out towards some
limitations in conducting my research.
Chapter-3 (Historical background of legal aid):- When, where and why the
concept of providing legal aid to poor persons was developed and how it grow to the
existing position and formed in the shape of a statutory provision is discussed in this
chapter. The reports of different committees, Law Commission of India and various
provisions of Legal Services Authorities Act are discussed and pointed out besides
describing the role of different persons in developing and making contributions to the
same is brought forward. What is the philosophy behind legal aid is also tried to be
discussed in this chapter.
Chapter-4 (Role of public interest litigation in legal aid services):- Public Interest
Litigation (PIL) has attained much significance than anticipated as against the
traditional and conventional litigations. It is a strategic arm of the legal aid movement
which is intended to bring justice within the reach of the poor masses and is a totally
different kind of ordinary litigation. In this chapter, the scope and ambit of the PIL as
well as how this concept was developed is discussed. Who can institute such litigation
and against whom, how the court can be approached, what type of reliefs can be
claimed, what type of orders can be passed by the courts and what are the innovative
ideas developed by court to enforce their directions, what are the limitations and
obstructions in pursuing the same in court of law are dealt with besides giving 44
references to some important PIL. Some instances where state legal services
authorities and committees have also instituted PIL are given while discussing the
powers given under Legal Services Authorities Act to institute such type of
litigations. The importance of PIL in legal aid field and how this method can be of big
use in fulfilling the objectives of the Act is taken note of it.
Chapter-5 (Legal aid-international and national perspective with special
emphasis on Union Territory of Delhi):- In this chapter, how and in which manner,
legal aid is provided and under what authority in different countries such as UK,
USA, China, Canada and Australia is discussed in brief. At national level, the role,
activities, main achievements and contributions made by different state legal services
authorities are pointed out while discussing in brief regarding set up of the legal
services authorities and committees. Since this thesis is mainly concerned with the
Delhi state, so the activities of Delhi Legal Services Authority is discussed in detail
while pointing out how and in which manner the DLSA has become successful in
implementing the provisions of Legal Services Authorities Act in true and real sense.
The data and information collected is well defined besides showing that achievements
of this authority is much better then any other state authority.
Chapter-6 (Legal aid services: Contemporary issues and challenges):- What are
the responsibilities of state legal services authorities, how legal aid can be provided,
which authority can provide such services, what are the role of different institutions,
non governmental organizations and government authorities qua the goal of providing
legal aid, who are the persons who falls in the eligibility criteria to avail the legal aid,
the role and responsibilities of the courts to make available the provision of legal aid
to poor and unrepresented litigants, benefits of Lok Adalats and ADR mechanisms to
get cheap and quick solution of the dispute, constitution of permanent lok adalats,
practical difficulties faced by lok adalats and reluctant of different persons and
authorities to approach this forums etc. is discussed in this chapter.
Chapter-7 (Implementation of legal aid services with special emphasis on Union
Territory of Delhi):- Legal aid movements in India, constitution and functions of 45
Central and State Authorities under Legal Services Authorities Act as well as work
and activities done, workshops, training programme and seminars conducted,
awareness programmes organized and various schemes floated by Delhi Legal
Services Authority have been described. Empirical study of legal aid with special
reference to its implementation in Delhi state is dealt with in this chapter in detail.
Chapter-8 (Conclusion and suggestions):- In this chapter, while concluding and
summarizing the thesis, various suggestions have been given to courts, legal services
authorities, government authorities, non governmental organizations, lawyers, law
colleges etc. and different ways have been shown how and in which manner the legal
aid can be effectively provided to the needy persons and how and in which it should
work with coordination with each for best utilization of the beneficial provisions of
the Legal Services Authorities Act. Legal Services Authorities must work with great
dedication, approach persons living in remote areas and create awareness of
availability of legal services available to them.
Possible contribution to legal field
The present research shall be very useful and will contribute to the legal field.
This research is mainly concerned with the legal aid movement in Delhi state. The
innovative and new ideas as developed by Delhi Legal Services Authority for the
purpose of providing quick and cheap solution of their disputes and manner of
providing earlier and in better manner the legal aid and services, if are applied in
different states of the country by the respective state authorities then it will help in
achieving the objectives of the Legal Aid Act in every needy and eligible person in
remote areas of country.
The providing of quick and cheap solution of disputes of the poor persons can
be achieved only when the concept of lok Adalats is made stronger and easily
accessible. The work done in Delhi state is required to be implemented in other states
also but some more steps are also required to enlarge the area and jurisdiction of the
same as well as to improve the functioning and to provide better facilities to it.
46
The comparative studies of legal aid services provided in different countries as
well as in different states in our own country would help in improving the functioning
and activities of different service providers to do maximum help of poor and needy
persons in providing them legal aid in better and in effective manner.
The different suggestions given at the end of the thesis if are implemented by
law colleges, courts, lawyers community, government and non governmental
institutions and other authorities then the spirit and intention behind framing of the
Legal Aid Act shall be fulfilled to maximum level.
The concept of filing public interest litigation which has gained big
momentum in recent years has been elaborately discussed in this thesis and it need to
be followed by state legal services authorities and committees for the benefit of
public at large for common and important issues. This thesis will guide such
authorities and committees to take initiatives in this regard so that maximum benefit
would be got by the persons for whose benefits and help the Legal Aid Act was
enacted..
Limitation of the study
The study is limited to—
Selected records of seminars and programmes organized by the various
authorities, Committees, NGOs and institutions in the Union Territory of
Delhi.
Disposed cases and statutes those are applicable to the Union Territory
of Delhi.
Selected cases and records those are freely accessible from websites
and available in the government departments, authorities, NGOs and
institutions.
*******************
CHAPTER 3
HISTORICAL BACKGROUND OF LEGAL AID
47
Judiciary is one of the important parts of any country and independent judiciary
which protects the legal, basic and constitutional rights of citizens is respected by
everyone. Unless the judicial system is accessible to everyone, no country can
progress and develop in effective manner. The rich can approach court of law very
easily but poor person should be also given the equal opportunity to get his rights
enforced. It is the duty and obligation of the state to provide competent legal aid to
every person who cannot afford it due to financial restraint or due to some disability.
In India, where certain basic and fundamental rights have been provided to every
citizen under articles 1413, 2114, 22(1)15, 39A16 then at the same time, an obligation is
also put by framer of the Constitution to help the needy and poor people to avail the
same. Relieving ‘Legal Poverty’ i.e. the incapacity of many people to make full use
of law and its institutions, has now been accepted as one of the function of a ‘Welfare
State’.
Article 39A of the Constitution of India provides that state shall secure that the
operation of the legal system promotes justice on a basis of equal opportunity, and
shall in particular, provide free legal aid, by suitable legislation or schemes or in any
other way, to ensure that opportunities for securing justice are not denied to any
citizen by reason of economic or other disability. Articles 14 and 22(1) also make it
obligatory for the state to ensure equality before law and a legal system which
promotes justice on a basis of equal opportunity to all. Legal aid strives to ensure that
constitutional pledge is fulfilled in its letter and spirit and equal justice is made
13 Equality before law—The State shall not deny to any person equality before law or the equal protection of the laws within the territory of India.
14 Protection of life and personal liberty—No person shall be deprived of his life or personal liberty except according to the procedure established by law.
15 Protection against arrest and detention in certain cases----(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
16 Equal justice and free legal aid—The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
48
available to the poor, downtrodden and weaker sections of the society.
The putting up of the right to obtain legal aid as one of the directive principles
of State policy under Article 39A of the Constitution rather than making it a
fundamental right may invite some cynical minds to say that the government and the
masters were not sincere in their endeavours and only wanted to provide a lip service
to the public at large by making it a toothless tigers by incorporating it as one of the
directive principles of State policy. This view, however, is not sustainable in as much
as the mandate of Article 39A has been crystallized into a statutory right by the
enactment of the Legal Services Authorities Act, 1987 which has got sufficient
sanctions behind the activities of Legal Services Authorities as well as behind the
awards of Lok Adalats including the setting up of Permanent Lok Adalats and thus
this directive principle of State policy i.e., Article 39A no longer remains a paper tiger
and a rule without a sanction behind it.
After coming into force of Constitution of India, in order to implement the basic
fundamental rights of the citizens and to give effect to the constitution mandate of the
right of life and liberty especially in case of poor and down trodden people of the
country, government started doing ground work for providing free legal aid to
deserving persons and in this regard some discussions took place in various
conferences of Law Ministers and Law Commissions but no effective proposal could
come forward. In different states legal aid schemes were floated through Legal Aid
Boards, Societies and Law Departments.
The first major step taken in this regard prior to independence of the country
was in the year 1945 when in the State of Bombay, a society named as Bombay Legal
Aid Society was set up which invited the intention of the government of India
towards Lord Rushcliffe’s report regarding legal aid and advice in England and
Wales. The post independence legal aid development was initiated by formation of
Bombay Committee in 1949 under the chairmanship of Mr. N.H. Bhagwati, Sir
Arthur Trevor Harries Committee in West Bengal in year 1949, initiatives by the state
governments such as The Legal Aid Committee formed in 1952 in UP, the Legal Aid
Committee formed in Madras in 1954, and so on. Kerala Legal Aid (to the Schedule
49
Caste, to the Schedule Tribes and to poor) Rules, 1957, 14 th Report of the Law
Commission of India, Central Government Scheme 1960 as well as National
Conference on Legal Aid, 1970 also came in existence.17
Initially the government was of the view that making provisions of legal aid to
poor was the entire responsibilities of the state and states have to make budgetary
provisions in this regard. In January, 1956 government again asked state governments
to increase the scope of legal assistance to the poor. Though some private societies
tried to take initiative in this regard but could not do much due to lack of funds.
Law Commission Report (1958): Government of India set up 14th Law Commission
under the chairmanship of Mr. M.C. Setalvad, the then Attorney General of India on
5-8-1955 who in its fourteenth report investigated various aspects of system of
judicial administration of the country. The Commission consisted of other 10
members also which included two serving chief justices of High Courts, two retired
High Court judge, advocates general of two different states and prominent advocates
besides co-opted members. The commission suggested broad outlines of some
changes to make judicial system speedier and less expensive.18
In its 14th report, Law Commission dealt with the issue of legal aid. Commission
was conscious of the fact that unless provisions are made for assisting the poor person
for providing court fees, lawyers fees and other incidental charges of litigation, he is
denied equal opportunity of seeking justice. Legal aid to poor is not a minor
procedural law problem but is a question of fundamental character.
Commission further held that it is the obligation of the state to provide legal aid
and rejected the plea that providing of legal aid would make people more litigious,
would increase litigation, put extra financial burden on budget and would invite
dishonest and unscrupulous persons to misuse this facility. Commission further
requested the lawyers and legal fraternity to take some moral and social
responsibilities for implementing the scheme of providing free legal aid to poor as
17 See fourteenth Law Commission Report Chapter – 27, Volume 1, Pages 587 - 624
18 Submitted to Government of India on 26-9-195850
they have to conduct their cases in the court of law but totally opposed the putting
force and compulsion of doing this work. It was suggested that some scale should be
made for providing fee structure, though comparatively at lesser rate then normal fee
for lawyers who offers to do such service for poor persons. Making of provision of
substantial budgetary provision was also recommended for providing legal aid to
poor. It was also recommended that N.H. Bhagwati Committee’s report given in
context of state of Bombay with some modifications be made applicable to each
state.19 Commission recommended for immediate setting up legal aid committees by
every bar associations in each state, making some changes in High Court rules etc.
P.N. Bhagwati committee report (1971) : The another major step towards providing
free legal aid took place when government constituted a committee under the
chairmanship of Justice P.N. Bhagwati, Judge Supreme Court of India who observed
"even while retaining the adversary system, some changes may be effected whereby
the judge is given greater participatory role in the trial so as to place poor, as far as
possible, on a footing of equality with the rich in the administration of justice."20 The
focus of the committee was the indigent person seeking to access justice. Answering
to the question of inequality in the administration of justice between the rich and the
poor the report clearly stated that there can be no rule of law unless the common man
irrespective of the fact whether he is rich or poor is able to assert and vindicate to the
rights given to him by the law. The machinery of law should be readily accessible to
all. The poor must be placed in the same position as the rich by means of adequate
legal service programme. It stated that the inequality between the rich and the poor in
administration of the justice can be removed by establishing and developing effective
system of the legal aid programme. Legal aid and advice should be regarded not as a
matter of charity or bounty but as a matter of right. It is a part of social security
programme just as much as medical aid is. Responsibility of the state was fixed for
providing legal assistance to the poor and indigent by stating that this obligation is not
19 Summery of Bhagwati Committee’s report was annexed as appendix-1 of chapter-27 of 14th Law Commission report
20 Committee of Justice Bhagwati on Free Legal Aid constituted in the year 197151
merely, socio-economic or political but is constitutional by reason of Articles 14 and
22(1).
Committee wanted that state should made rules and legislation while taking into
consideration socio-economic conditions prevailing in the country. It also emphasized
that legal aid programmes and the organizations implementing the same must be
responsive to the poor in giving legal service and must not be mechanical and wooden
in its approach and even after introduction of such programmes, there must be
continues examination of its utility and its responsiveness to the poor. The report also
in detail dealt with the true scope and extent of the legal aid and pressed for setting up
legal aid fund for providing cost and expenses of litigations as well as for remitting of
court fees in case of an assisted person by making suitable changes in the legislation.
The report also in detail stated the constitution and the working of different legal
committees such as: (a) The Taluka Legal Aid Committee, (b) The District Legal Aid
Committee, (c) The State Legal Aid Committee. It is recommended that legal service
programme be implemented in its entirety but in phased manner at three stages.
Committee also suggested for implementation of the preventive legal services
programme such as legal research and innovation, institutional changes and
organization of the poor etc. may be postponed but there should not be delay in
implementation of the items of the legal service and education.21
Krishna Iyer committee report (1973) : Justice Krishna Iyer presided over another
similar committee set up on 22 October, 1972 and dealt with the question of nexus
between law and poverty. He, in his 275 pages report submitted on 27 th May, 1973
spoke highly in favour of concept of public interest litigation and emphasized the
need for active and widespread legal aid system that enables law to reach the people,
rather than requiring people to reach the law.22
The report of this committee can be said as mark stone of legal aid
development in India as it impressed upon the democratic obligation of the state
21 Article of Varun Pathak on www.legal service India.com.
22 Committee on Legal Aid titled as "processionals justice to poor" set up in the year 197252
towards its subject to ensure that the legal system becomes an effective tool in
helping secure the ends of social justice and an effort was made to classify those
categories of persons who are most in need of legal aid and the faith of the poor man
in the legal system should be enhanced by providing him with adequate non-
governmental as well as governmental assistance. Committee somehow blamed the
attitude of the judiciary in the country and professed the resolution of disputes at the
grass root level through village panchayats.23
Juridicare committee report (1977) : Another committee of two judges Justice P.N.
Bhagwati and Justice Krishna Iyer was set up for providing adequate legal service
programme in all the states on uniform basis. This committee in its final report
popularly known as ‘Report on National Juridicare: Equal Justice-Social Justice”
submitted in the year 1977 stressed upon the need for a new philosophy of legal
service programme to be framed in the light of socio-economic conditions prevailing
in the country. It also opined that the traditional legal service programme which is
essentially a court or litigation oriented, cannot meet the specific needs and the
peculiar problems of the poor in our country. The committee in its report also
included draft legislation for legal services in the name of National Legal Services
Bill, 1977 and gave it the name of Social Action Litigation. It also recommended that
legal service organization should not be a department of the government but an
autonomous institution headed by the Judge of the Supreme Court having
representations from Bar Associations, the Government, the Parliament and the
judiciary as well as voluntary associations and social workers and that would be a
multi tier set up for the legal aid organization. The contents of this report clearly point
out that it was in continuation of the 1973 report with an extensive revision, updating,
revaluating and adding. The various suggestions made by him can be summarized as
under:
A national legal service authority accountable to the
23 Article of Varun Pathak on www.legal service India.com.53
parliament but protected from official control was
recommended. Simplification of the legal procedure and
an emphasis on conciliated settlement outside court has to
be the policy of legal aid schemes. The report adopted the
three fold test laid down for determining eligibility: Means
test—to determine people entitled to legal aid. Prima facie
test—to determine whether there was a prima facie case to
give legal aid or not. Reasonableness test—to see whether
the defence sought by a person is ethical and moral.
Though committee was in favour of regular arrangement for aid and advice to the
undertrials but was not in favour of habitual offenders or cases involving private
claims. A liberalized bail policy, extension of legal services during investigation as
well as post conviction stage including providing rehabilitative services,
compensation to victims of crimes, making provisions of salaried lawyers was also
favoured by the committee. In the report, committee also recommended that the
family courts should be established for women and children with women judges
specially in slum areas and rural villages besides setting up public defence council in
children’s court, legal advice bureau in backward areas. The report encourages the
involvement of law students in legal aid schemes particularly for preventive legal
services. The report envisaged several modes of delivery of legal services. The
primary mode would be the providing of legal advice through various legal aid offices
having both salaried lawyers and assigned lawyers. It also favored the setting up of
Nagrik Salah Kendra at each legal aid office to provide counselling service and also
act as a referral body for all kinds of problems for which assistance may be needed. A
central concern in this report was the de-centralization of the justice redressal
mechanism. A whole chapter was devoted to public interest litigation for bringing
institutional and law reforms. This report focused on the orientation of the different
actors who would be the participants in the program which included members of
judiciary, law universities, law students, voluntary agencies and social workers. There
54
was also an emphasis on the university law clinics and their functions included
preventive and positive service at pre-litigation stage by negotiation and conciliation
disputes outside the courts, giving postal advice in respect of legal problems of
individuals, seeking administrative and legislative remedies against wrongs done and
so on. It was suggested that the Advocates Act, 1961 be amended to recognize and
permit provision of legal aid by law teachers and students. The report clearly stated
that the funding of the legal aid programme was the state responsibility and for this
identified sources such as court fees collected from the litigants, legal aid steps, levy
of special cess, donations and many more for the purpose of funding the legal aid
programme and so on.24
Committee for implementing legal aid scheme : Though the ideas as laid down by
the Justice Bhagwati and Justice Krishna Iyer’s report was revolutionary but not much
that was mentioned in the report was implemented despite its submission in the year
1977 and it remained on the shelf along with it the National legal Services Bill. To
augment the justice delivery mechanism, the Central Government on 26 September,
1980 constituted another high-powered Committee for implementing legal aid
schemes, to monitor and implement comprehensive legal aid programme and to work
out mechanism which could operate and workout satisfactorily at all levels i.e.,
National, State and District as well as Taluk levels on uniform basis. The said
Committee was christened as ‘Committee for Implementing Legal Aid
Schemes’ (CILAS) and the same was constituted under the Chairmanship of Mr.
Justice P. N. Bhagwati (as he then was) and the said committee was assigned the task
to monitor the implementation of legal aid programmes on uniform basis in all the
states and union territories and to fulfill the objective of providing free legal aid.
CILAS evolved a model scheme for legal aid programmes applicable throughout the
country by which several Legal Aid and Advice Boards were set up in the states and
union territories. The CILAS was totally funded by grants from the central
government and the Government was very much concerned with the programme of
24 Article of Varun Pathak on www.legal service India.com.55
legal aid as its implementation was the Constitution mandate. The introduction of Lok
Adalats added a new chapter to the justice dispensation system of this country and
succeeded in providing a supplementary forum to the litigants for conciliatory
settlement of their disputes.
Legal Services Authorities Act : A review, however, of the working of the CILAS
revealed that there were certain deficiencies and it was therefore felt that it will be
desirable to constitute a statutory legal services authorities on National, State and
District levels so as to provide effective monitoring of the legal aid programmes and
with this endeavour and objective and for providing for the composition of such
statutory legal services authorities and for the funding of such authorities by means of
grants from the central government and state government, the Legal Services
Authorities Act, 1987 was enacted which came into force w.e.f. 9 November, 1995
after certain amendments were introduced in it. The year 1987, proved to be very
significant in Legal Aid history, as the “Legal Services Authorities Act” was enacted
to give a statutory base to legal aid programs throughout the country and bring about a
uniform pattern. The said Act provides for the setting up of the National Legal
Services Authority, the State Legal Services Authorities in different States, the District
Legal Services Authorities at different district levels as well as creation of setting up
of Permanent Lok Adalats. The Act also provides for a mechanism whereby
supervision can be done regarding the functioning of the State Legal Services
Authorities by the National Legal Services Authority and of the District level Services
Authorities by the State Legal Services Authorities.
56
Mr. Justice R.N. Mishra, the then Chief Justice of India played a key role in the
enforcement of the Act. The constitution of the Committee for the Implementation of
Legal Aid Schemes (CILAS) in 1980 was a major step in institutionalizing legal aid.
The Legal Services Authorities Act, 1987, displaced the ‘CILAS’ and introduced a
hierarchy of judicial and administrative agencies. Under this Act, National Legal
Services Authority (NALSA) at the Centre and a State Legal Services Authority in
every States were ordered to be constituted to give effect to its directions.
National Legal Services Authority was made functional under the executive
chairmanship of Dr. Justice A.S. Anand, Judge, Supreme Court of India on 17 July,
1997. The first Member Secretary of the authority joined in December, 1997 and by
January, 1998 the other officers and staff were also appointed. By February, 1998 the
office of National Legal Services Authority became properly functional for the first
time. NALSA is a statutory apex body which has been set up to lay down policies and
principles for making legal services available and to frame most effective and
economical schemes for legal services and for implementing and monitoring legal aid
programs in the country. It also disburses funds and grants to State Legal Services
authorities and NGOs for implementing legal aid schemes and programmes. The
Supreme Court Legal Services Committee has also been constituted under the Act. In
every High Court also, The High Court Legal Services Committees have been
established to provide free legal aid to the eligible persons in legal matters coming
before the High Courts. The Legal Services Authorities Act, 1987 also provides for
constitution of the State Legal Services Committees, High Court Legal Services
Committees, District Legal Services Committees and Taluk Legal Services
Committees.
The First Annual Meet of the State Legal Services Authorities was held on 12 th
September, 1998 at Vigyan Bhawan, New Delhi presided over by Justice A.S. Anand,
in which the progress of on-going schemes which had been initiated by NALSA was
examined and decisions of far reaching implications were taken with a view to
strengthen and streamline legal aid programmes in the country. In October, 1998,
Justice A.S. Anand assumed the Office of the Chief Justice of India and thus became
57
the Patron-in-Chief of National Legal Services Authority whereas Justice S.P.
Bharucha, the senior-most Judge of the Supreme Court of India assumed the office of
the Executive Chairman, National Legal Services Authority.
The Second Annual Meet of the State Legal Services Authorities was held at
Jubilee Hall, Hyderabad on 9 October, 1999 wherein establishment of counseling
centers for amicable settlement of disputes even at pre-litigative stage was
emphasized. It was also pressed that legal services functionaries must find out as to
whether a person approaching them for legal aid has or not a prima facie case in his
favour and legal aid must not be given as a matter of routine and frivolous cases
should not be supported by legal aid authorities.
Thereafter every year, such meets are organized in which progress of legal aid
and implementations of various schemes for poor and needy persons are supervised
and new steps are taken to do more for such people. In pursuance of the call given by
Justice A.S. Anand, the Chief Justice of India in the First Annual Meet, 9 November is
being celebrated every year by all Legal Services Authorities as "Legal Services Day"
and public are informed by various methods from time to time about the important
schemes introduced by NALSA and state authorities for providing legal aid and the
utility of Lok Adalats. State Legal Services Authorities all over the country organize
Lok Adalats, legal literacy camps and undertake legal awareness campaign to make
people aware of their legal rights.
Justice S.P. Bharucha, Executive Chairman, NALSA while writing in 'Nyaya
Deep' and in the course of his keynote address in the meeting of the Member
Secretaries held in NALSA office on 19.2.2000 emphasized the need for improving
the quality of legal aid that is being given by legal aid advocates. He observed that
teeming millions of this country who live below poverty line in tribal, backward and
far flung areas look to Legal Services Authorities for help and support in resolving
their legal problems. When involved in litigation they very often feel that they are
fighting an unequal battle in which the party that has better financial resources can
secure more able legal assistance. Justice Bharucha is of the view that these poor and
weaker sections must not remain under the impression that they are getting
58
comparatively inferior legal assistance. He has called upon legal services authorities
to revise the payment schedule for legal aid panel advocates and also compress the
panels so that panel advocates get more work and better remuneration from legal
services authorities and thus get encouraged to render effective legal assistance to
aided persons.
Besides that the Act also seeks to devise and give impetus to another mechanism
of justice delivery system in the form of Lok Adalats and it notes that for some time
now the Lok Adalats are being constituted at various places in the country for the
disposal of disputes pending in the courts and even at pre-litigation stage in a
summary way. The said concept of Lok Adalat has proved to be very popular in
providing speedier system of justice system and it was felt that there was a need for
providing statutory back up to the said institution and to give legal mandate to the
awards being given by Lok Adalats and it was felt that such a statutory support would
not only reduce the work of regular courts but also take justice to the doorsteps to the
poor and needy and make justice quicker and less expensive to the less privileged
sections of the society. With these objectives in mind, the Act provided for setting up
of Permanent Lok Adalats as well as devised a concept of mechanism to set up Lok
Adalats at pre-litigative stage so that the requirement of filing a case is obviated
altogether. The Legal Services Authorities Act, 1987, therefore, sought to fulfill all
these objectives and was thus enacted.
Salient features of Legal Aid
The legal aid means providing an arrangement in the society so that the
missionary of administration of justice becomes easily accessible and is not out
of reach of those who have to resort to it for enforcement of their rights given
to them by law.
For a wide range of litigants with special needs, for instance, persons in
custody, children, women, complainants under the SC/ST Act, workmen, legal
aid is automatically available for filing or defending a case irrespective of the
59
economic status of that person.
Under the legal aid schemes, an extensive network of legal aid committees
exists at the Taluk, District and State levels. In addition, every High Court and
the Supreme Court has its own legal services committees.
Legal aid strives to ensure that constitutional pledge is fulfilled in its
letter and spirit and equal justice is made available to the poor,
downtrodden and weaker sections of the society.
The legal aid movement envisages a system where economically and
socially disadvantaged groups are assured of easy access to courts
and other government agencies for grievance redressal.
The new rationale for legal aid emerged where law was slowly begun
to be regarded as the instrument through which socio-economic
inequalities could be lessened and through affirmative action, some
amount of ‘advantage’ was being assured to disadvantaged groups in
fields of employment and education.
The Legal Services Authorities have thus far provided free and competent legal
services to the weaker sections of the society to ensure that opportunities for securing
justice are not denied to any citizen by reason of economic or other disabilities and
they have been organizing Lok Adalats to secure that the operation of the legal system
promised justice on a basis of equal opportunity. The Legal Services Authorities have
thus been performing their onerous duty and discharging their constitutional
responsibility to ensure that justice is available to all concerned whosoever is in need
of the same.
After the enactment of Legal Services Authorities Act in the year 1987 and
coming into force this Act with effect from 9 November, 1995, no major discussion
took place in any of the subsequent Law Commission Reports because the Act itself is
found complete in all respect. The government appears to be overall satisfied with the
60
development of legal aid in the different states. Though some minor issues arose such
as increase of limit of income ceiling in respect of a person who can seek legal
service, qualifications and service conditions of the presiding officers of permanent
Lok Adalats etc. but those gaps were fulfilled by making rules and regulations under
the Act by different states according to their requirements and needs of the people.
Now the government agencies have to take necessary steps by providing sufficient
budgets, infrastructure etc. to strengthen the pillars of the legal aid, otherwise the Act
basically is complete itself.
Philosophy behind legal aid : “Ability is of little use without opportunity”- is an old
saying and it requires an opportunity to show your ability. Similarly, an opportunity is
required to assert your rights, to defend yourselves and to crave for your legitimate
claims. If there is no equality, no equality of opportunity, the available rights even if
they are existing on the statue books make no difference in the lives of all concerned
as they can no longer take steps for the vindication of their rights at the appropriate
forum. Enacting of the said legislation remains an exercise in futility and the entire
process being brought to naught giving it negative returns.
It may be appreciated that when there is a fight between two unequals,
conclusion is already forgone and one need not tease his brain to state that strong
person would win and the weak would wilt under its pressure and onslaught. If a poor
person has no mean to pay court fees and no money to pay for advocate’s fees and
other incidental costs of litigation, he certainly is denied an opportunity to seek justice.
The concept of Article 39A, however, was already existing and was inbuilt
under article 14 and article 21 as well as article 22 of the Constitution, which all are
Fundamental Rights. The reasonability of not only substantive law but also of the
procedural law was interpreted to be well-existing within the mandate of Article 14
and Article 21 as per the landmark judgment of the Hon'ble Supreme Court of India in
the Menaka Gandhi v. Union of India,25 which developed the reasonableness, concept
of the procedural law as well and which also led to the development of the concept of 25 (1978) 1 SCC 248 : (1978) 2 SCR 621 : AIR 1978 SC 597
61
a fair and equitable trial including right of a expeditious trial within the framework of
Article 21 of the Constitution. Apart from that, section 304 of the Code of Criminal
Procedure, 1973 also contemplated providing of the legal aid to the accused at State
expense and thus the concept of providing legal aid already existed even prior to the
enactment of the Legal Services Authorities Act, 1987. Various judicial
pronouncements of the Hon'ble Supreme Court have also lend weight and support to
the legal aid programmes and has given a much needed impetus. In Hussainara
Khatoon (IV) v. Home Secretary,26 the Apex Court emphasized that free legal aid is
an inalienable element of reasonable, fair and just procedure. Without it, a person
suffering from economic or other disabilities would be denied justice. In Sheela
Bharse v. State of Maharashtra,27 the Supreme Court opined that legal assistance to a
poor or indigent accused under arrest and put in jeopardy of his life and personal
liberty is a constitutional imperative mandated not only by Article 39A but also by
Article 14 and 21 of the Constitution. Lawyers must positively reach out to those
sections of humanity who were poor, illiterate and ignorant and who were placed in a
crisis such as an accusation of crime and arrest or imprisonment, do not know what is
arrest or imprisonment, do not know what to do or where to go or to whom to turn on.
Free legal assistance at state cost is a fundamental right of a person accused of
an offence which may involve jeopardy to his life or personal liberty. This
fundamental right is implicit in the requirement of reasonable, fair and just procedure
prescribed by Art. 21. The exercise of this fundamental right is not conditional upon
the accused applying for free legal assistance so that if he does not make an
application for free legal assistance the trial may lawfully proceed without adequate
legal representation being afforded to him. On the other hand the Magistrate or the
Sessions Judge before whom the accused appears is under an obligation to inform the
accused that if he is unable to engage the services of a lawyer on account of poverty
or indigence, he is entitled to obtain free legal services at the cost of the State. The
conviction reached without informing the accused that they were entitled to free legal
26 (1980) 1 SCC 89 : AIR 1979 SC 1369.
27 AIR 1983 SC 37862
assistance and inquiring from them whether they wanted a lawyer to be provided to
them at State cost which resulted in the accused remaining unrepresented by a lawyer
in the trials is clearly a violation of the fundamental right of the accused under Art. 21
and the trial must be held to be vitiated on account of a fatal constitutional infirmity.28
In Centre of Legal Research v. State of Kerala,29 the Apex Court directed that
voluntary organizations and social actions groups engaged in legal aid programmes
must be encouraged and supported by the State.
Legal aid is an essential part of the Administration of Justice. “Access to
Justice for all” is the motto of the Legal Services Authority. The goal is to secure
justice to the weaker sections of the society, particularly to the poor, downtrodden,
socially backward, women, children, handicapped etc. but steps are needed to be
taken to ensure that nobody is deprived of an opportunity to seek justice merely for
want of funds or lack of knowledge. To implement effectively all the central and state
legislations, among other things, a functional legal system as well as facilities for
legal education and legal aid in support of deserving persons is required. It would be
apt to conclude the present theme with the following quote:
“Unless we think of others and do something for them, we miss
one of the greatest sources of happiness”.
—Ray Lyman Wilbur
Legal aid- a contemporary look : Night is always followed by the morning
sunshine. As darker will be the night, the brighter shall be the day. Hard work is
always followed by fruits of labour and happiness. Unless we have experienced the
pangs of poverty and impoverishness, we cannot enjoy sufficiently and to the same
extent, the happiness and the prosperity. To appreciate prosperity we must understand
what poverty is? We can always have the best taste of a sweet dish, if it is taken after
a five course meal, be it the lunch or the dinner. Prosperity and poverty, pains and
gains are inter-related and if we are able to survive and work our way through the 28 Suk Das v. Union Territory of Arunachal Pradesh, AIR 1986 SC 991.
29 AIR 1986 SC 1322.63
poverty we shall certainly have the prosperity and if we are able to do labour and
experience the pains and hard work, there will be gains certainly. Poverty is,
therefore, not to be cursed but to be endured.
‘A friend in need is a friend indeed’ is an old saying. We remember those who
remain with us in our bad times because in good times everybody is with us and as
has been rightly said by John Churton Collins—‘in prosperity, our friends know us
and in adversity, we know our friends’. Prosperity makes friends and adversity tests
them. A friend is one who helps the person when the help is most needed. The Indian
polity is a society within which the majority lives in villages and most of the times
they live a hand to mouth existence. For them, survival is more important than
anything else and the knowledge of information about their rights and duties of others
towards them is a secondary phenomenon.
We, the people of India,30 have made social justice an inalienable claim on the
state entitling the humblest humans to legal literacy and fundamental rights as well as
their enforcement a forensic reality, howsoever, powerful the hostile forces may be.
The socially alienated, the marginalized, the lowliest, the lost and the last must have
the facility and the means to secure judicial remedies and make the legal process a
humane opportunity. Injustices have many deprivations, victimizes the weaker
sections and the minority suffers the oppression syndrome. The declarations,
proclamations, resolutions and legislations remain a mirage unless there is sufficient
infrastructure which can be set in motion to prevent or punish a wrong and to make
the available legal rights a reality and inexpensively, enforceable human right. It is
here that the role of Legal Services Authorities becomes relevant and comes into play.
Founding fathers of Constitution have given us an equal access to justice and an
equal protection of laws along with equality before law. Articles 14, 21 read along
with Article 39A of the Constitution of India gives necessary commands to the States
to ensure that the operation of the legal system promotes justice on a basis of equal
opportunity and further mandates the states to provide free legal aid by suitable
legislations or schemes or in any other way to ensure that opportunity of securing 30 Preamble of Constitution of India
64
justice are not denied to any citizen by reason of economic or other disabilities.
Most social evils are an outcome or creation of poverty and the misery that
comes with being poor in a country like India, at the same time it also needs to be
borne in mind that the judiciary no matter however committed it may be towards
uplifting the cause of the poor is ultimately bound by procedural formalities which do
not take into account the misery or problems of the masses. Therefore, the sufferings
being so many, it is not possible for the legal system to remove even few of such
problems. Poverty is a creation of unjust institutions and unjust society. Therefore, in
a country like India if you are poor, you are ineffective socially as well as
economically. The only way that you can then be empowered is through radical
revamping of the socio-economic structure. Such a radical change according to
Matthews and Outten could only be brought about in the form of a revolution that the
legal service programme only is capable of gearing. Thus, the legal aid programme
aimed at revamping the socio-economic structure by way of removing the socially
unjust institutions and creating a new order based upon the ethos of human liberty,
equality and dignity of mankind.
The issue of poverty and access to justice is something that has been talked
about since the birth of our country. People have congregated, discussed, debated and
fought over this issue and yet ten years into the new millennium, with more than half
a century of independence behind us, here we are, talking about the same thing all
over again. One would have expected that in this fast-paced world we have created
for ourselves, topics such as these would have become outmoded. One would have
thought that silent screams of the millions of voiceless in our country would have
halted by now. One would have thought that everything that had to be said about the
issue has already been said with nothing more for us to do.
Yet we are still a country with millions of people starving, with millions living
in unimaginable conditions, without the most basic of their needs fulfilled and,
therefore, we better not stop talking about the issue. Indeed, as long as we are a nation
which continues to house such conditions for its people, such discussions must
continue and thus, the hope that such problems will be dealt with must remain alive.
65
It is noteworthy that in this country the problems of the poor are still relevant and we
must feel the need to discuss this issue and ultimately do something about it.
When we talk of justice in the broader sense, we have to bear in mind the
definition given in Justinian’s Corpus Juris Civilis which states that “Justice is
constant and perpetual will to render to everyone that to which he is entitled”.
Similarly, Cicero described justice as “the disposition of the human mind to render
everyone his due”. Thus, the rights guaranteed to persons are inherent in the very
notion of justice. Given that justice is defined in terms of rights, access to justice,
most simply put would include the ability of any person to approach the appropriate
authority and effectively claim the enforcement of rights. Thus, access to justice, in
more real terms, would include the sum total of all those rights and remedies
available to a person through which he can seek the enforcement of his or her rights.
Legislatures at the national and state level have contributed by creating a
plethora of laws in the realm of social welfare. But mere promises in legal provisions
cannot fill bellies, or provide employment opportunities, or give succour in times of
distress. Statutory declarations do create rights but they are to be followed up by the
executive which is duty-bound to enforce those rights and make them meaningful. It
is in this context that the legal instrumentalities are constrained to step in and ensure
that each wing of the state does the duty entrusted to it, so that the law of the land is
enforced.
The role of law in this context has to be that which provides a substantive basis
through which a person can legally seek the enforcement of his or her rights. Indian
Constitution has already provided us with a set of fundamental rights which
guarantee, inter alia, the right to life and personal liberty,31 freedom of speech and
expression,32 the right to equality33 and the right to approach a court of law in the
event of violation of these rights.34 However, experience and the very real difficulties
31 Art. 21 of Constitution of India32 Art. 19 of Constitution of India33 Art. 14 to 18 of Constitution of India
34 Art. 32 of Constitution of India
66
of poverty, ignorance and zeal to raise voice have shown that these rights alone are
not sufficient means for the delivery of justice to all. Luckily though, the Judiciary
has been able to expand these basic rights guaranteed by the Constitution to include
various rights which make access to justice for the underprivileged easier.
Legal Aid in its modern sense is a recent concept, having taken its shape in the
twentieth century. The concept of legal aid has attracted world wide attention. Legal
Aid in its common sense conveys the assistance provided by the society to its weaker
members in their effort to protect their rights and liberties. Broadly speaking, it means
and includes providing legal advice, arbitration, counseling and conciliation and
making available lawyers to those who were unable to pay fees for the legal services
and also to some special categories of society who are normally treated as less
privileged. It also means creation of legal awareness amongst people about their
rights, duties and obligations, to ensure protection of legal aid, constitutional rights of
the under privileged, poor, neglected and the indigent.
In legal sense, legal aid means the professional legal assistance given either free
or for nominal sum, to indigent persons in need of such help. Legal Service includes
the rendering of any service in the conduct of any case or other legal proceeding
before any court or other authority or tribunal and the giving of advice on any legal
matter.35
Conventionally, ‘Legal Aid’ has been taken to mean the organized effort of the
bar council, the community and the government to provide the services of lawyers
free, or for a token charge, to persons who cannot afford to pay the usual exorbitant
fees. Inability to consult or to be represented by a lawyer may amount to the same
thing as being deprived of the security of law. Rawls first principle of justice is that
each person is to have an equal right to the most extensive total system of equal basic
liberties compatible with a similar system of liberties for all.36 In the context of our
constitutional demands and State obligations, legal aid has assumed a more positive
and dynamic role which should include strategic and preventive services. Relieving 35 Section 2 (1) (c) of Legal Services Authority Act, 1987
36 John Rawls Theory of Justice in Present Scenario by Apoorva Yadav—www.goforthelaw.com
67
‘Legal Poverty’ – the incapacity of many people to make full use of law and its
institutions – has now been accepted as a function of a ‘Welfare State’. Apart from the
social, economic and political requirements on which the claim of legal aid rests, it is
now recently recognized as a constitutional imperative arising from Articles 14, 21,
22(1), 39A of the Constitution of India.
‘The words ‘legal aid’ evokes the notion of providing a lawyer to an indigent
litigant at State expense’.37 The framers of the Constitution through Preamble have
also promised to secure to all its citizens justice which is social, economic and
political as well as liberty, equality and fraternity. These words in the Preamble to the
Constitution which we, the people of India, have given unto ourselves epitomize the
dignity of individual as much as the unity of the Nation. ‘Dignity is a word of moral
and spiritual import which implies a obligation on the part of the Government to
respect the personality of a citizen and to create conditions in which every citizen
would be delivered social, economic and political justice’. In fact, Liberty, Equality
and Fraternity form a trinity as stated by Dr. Bhim Rao Ambedkar in his closing
speech in the Constituent Assembly on 25.11.1949 and one cannot be divorced from
the other.
India, as it is today continues to survive among paradoxical forces and
howsoever proud we may be of our accomplishment in the field of science and
technology, social and economic reforms, education and prosperity, yet it is the same
Indian society where poor continued to be poor and a sizable section of the Indian
people continue to be illiterate and ignorant and consequently living below the
poverty line and subjected to all forms of exploitation and miseries. We still remain a
cast-ridden society and various negative forces based on language, religion and socio-
economic factors continue to haunt us despite more than 60 years of independence.
All the progress and prosperity, earned by us post-independence, loses its value on
account of rampant exploitation and injustice. Illiteracy and ignorance force large
masses of people to tolerate social and economic inequalities and the goal of equality
before the law continues to remain a myth or an illusion. Manifold problems arise 37 Justice S. Muralidhar, Judge, Delhi High Court in his book Law, Poverty and Legal Aid.
68
causing a feeling of helplessness and despair. The benefits, which our systems,
nurtured by democracy, and accentuated on account of hard labour and intellect of our
people and which our systems are capable of delivering fail to reach the lowliest
amongst low and weakest amongst the weak.
The doors of the court are open to all but that itself is not justice so long as the
weakest of the weak is not empowered enough to have access to justice. The major
hurdles in the way of securing justice for all are ignorance and illiteracy, or from
poverty. Ignorance is not innocence; it is a sin and we have to fight a battle against it.
The focus has to be shift from ignorance to legal empowerment and all concerned
have to make concerted efforts to enable the weaker sections of the society to arrive at
a platform where they can get rid of their ignorance and march towards legal
empowerment. The dark curtain of ignorance has to be ripped apart and eliminated by
the power of knowledge and by spreading awareness and information. The people are
to be told what their rights are and what the obligations of the State and other citizens
are towards them, what are the forums and means available for enforcing such rights
and obligations and how poverty cannot come in the way of having free access to
justice.
The Legislature, the Judiciary and the Executive have to join hands together to
reach out to the most marginalized and vulnerable sections of the society and tell
them what their rights are. If the democracy has to survive we shall have to learn
constitutional values. Simultaneously, the Police, Army and the other organized forces
which are prone to committing injustice and causing violation of human rights such
as custodial tortures etc. are to be sensitized to value human dignity and human rights
and to work in such a fashion so as to imbibe confidence amongst the sufferers of
injustice by removing the feeling of despondency from their minds. One has to
promote harmony in brotherhood transcending all religious, linguistic and regional or
sectional diversities and we have to take along with us those who are lagging behind
for historical or social reasons and we together have to strive towards excellence in all
spheres of individual and collective activity so that we, as a nation, constantly rise to
higher levels of endeavour and achievements and succeed in securing to the people of
69
India what we have resolved to give unto them.
The road ahead is long and may be strewn with hurdles but we must appreciate
that only ‘dead fish swims along the tides’ and we have to swim against the tide and
take concrete creative steps towards the empowerment of powerless and to bridge the
wide gulf between the haves and have-nots. The need of the hour is to have a
paradigm shift in the philosophy of legal aid and the role of Legal Services
Authorities. The focus has to shift from the right of legal aid being only a
responsibility of the State to the incarnation of the right to legal aid as manifestation
of the enforceable Fundamental Right to equal access to justice and legal aid
becoming a right from a measure of welfare or a charity. The Legal Services
Authorities had to initiate measures to reach the poor rather than other way round and
in Criminal Justice System the legal aid would have to be made available at every
stage from the point of arrest and custody to the disposal of the judicial proceedings
at all the levels including appeal, review or revision and legal aid would also have to
be made available in jails and other custodial institutions. Similarly protection of civil
rights of such poor persons in respect of their property matters, jobs, mutual family
relations etc. is to be provided.
The legal aid programmes and various legal aid initiatives must precede with
the philosophy that poverty is a curse and to born poor is in itself is a crime in the
context of Indian system. The beggars, the vagabonds, the venturing, mentally ill and
sex workers continued to be governed by laws that criminalize their activities and
they are viewed as status offenders. Most of them are socially rejected and disabled
and are incarcerated for years together for reasons wholly extraneous to the purpose
of laws that are used to govern them. Since this particular segment of the society has
already been rejected by their families and the societies, they find it impossible to
reintegrate into the society and long years of incarceration also denude them of their
ability to survive. In this context, the system of monetary bails and bonds which is
almost impossible for beggars and vagabonds and such other persons of their ilk to
produce, had to be reformed to account for the difficulties faced by such indigent
persons brought into the Criminal Justice System.
70
The law as it is today, is too complex for the poor to understand and decipher
and there is very little feedback on how the poor perceive the law, the legal system
and the personnel they encounter within it. The inability of those whom the law is
meant to empower, to invoke its processes for number of reasons and primarily the
fear of reversal from the upper caste undermines the requirements and need to spread
the awareness of the existence of law as well as provide legal aid system and legal aid
in invoking its processes and therefore, this manner of awareness generation must
form one of the principle task of the Legal Services Authorities. The feedback
obtained from the poor shall provide sufficient inputs in examining the relevance that
the legal system has to the lives of the poor and would enable us to attempt any legal
and institutional reform if required. The law has to be brought out of the ivory-towers,
its processes demystified and it must be so simplified and codified to enable people to
understand and question the law and reconstruct it in a manner that would subserve
their purpose. Simultaneously, the Legal Services Authorities would have to built up a
structure and system wherein the poor and the aggrieved persons feel free to come to
it to seek redressal of their grievances and vindication of their rights and should not
feel constrained and contrived to come to it in view of its larger than life edifice and
complex systems which are hard to understand. The Legal Aid Authority must
develop their image so that the poor regard it as one of their ally and law must be
made to work for the poor and not against them so that the transformation of equal
access to justice is complete from a formal tool to an effective right. The Legal Aid
Authorities must work to provide a buffer mitigating the consequences of inequalities
where yawning economy and social disparities segregate the disadvantaged sections
into the areas of criminality and illegality and further disable them engaging with the
process that enmesh the Criminal Justice System.
“No Society can develop without peace and Security
No State can be Secure, if its people are condemned to poverty without hope,
And
No nation can be secure or prosperous for long, if the basic rights of its citizens
71
are not protected.”
72
CHAPTER 4
ROLE OF PUBLIC INTEREST LITIGATION IN LEGAL AID
SERVICES
1. Importance in Legal Aid movement
Public Interest Litigation (PIL) has attained much significance than anticipated
as against the traditional and conventional litigations. It is a strategic arm of the legal
aid movement which is intended to bring justice within the reach of the poor masses,
who constitute the low visibility area of humanity and is a totally different kind of
litigation which is essentially of an adversary character where there is a dispute
between two litigating parties, one making claim or seeking relief against the other
and that other opposing such claim or resisting such relief.
PIL is brought before the court not for the purpose of enforcing the right of one
individual against another as happens in the case of ordinary litigation, but it is
intended to promote and vindicate public interest which demands that violations of
constitutional or legal rights of large numbers of people who are poor, ignorant or in a
socially or economically disadvantaged position should not go unnoticed and
unredressed. That would be destructive of the rule of law which forms one of the
essential elements of public interest in any democratic form of government. The rule
of law does not mean that the protection of the law must be available only to a
fortunate few or that the law should be allowed to be prostituted by the vested
interests for protecting and upholding the status quo under the guise of enforcement
of their civil and political rights. The poor too have civil and political rights and the
rule of law is meant for them also, though today it exists only on paper and not in
reality.38
It is through PIL that the problems of the poor are now coming to the forefront
and the entire theatre of the law is changing. It holds out great possibilities for the
38 People's Union for Democratic Rights v. Union of India, AIR 1982 SC 1473
73
future. Section 4(d) of Legal Services Authorities Act also prescribe taking of
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 by the Central Authority i.e. NALSA. State Authorities also
can take similar steps in this regard by filing PIL for the benefit of public at large.
Further, Regulation 4(2) of the Delhi Legal Services Authority Regulation, 2002
inter-alia provides that the state authority may itself file PIL or may finance PIL
before appropriate courts in the state, if it is satisfied that such litigation is for the
general benefit of a large body or class of persons who cannot by themselves take
recourse to law due to penury, illiteracy or other similar reasons. Similar provisions as
above are contained in the regulations framed by various other states authorities also.
PIL is essentially a co-operative or collaborative effort on the part of the
petitioner, the state or public authority and the court to secure observance of the
constitutional or legal rights, benefits and privileges conferred upon the vulnerable
sections of the community and to reach social justice to them. The state or public
authority against whom PIL is brought should be as much interested in ensuring basic
human rights, constitutional as well as legal, to those who are in a socially and
economically disadvantaged position, as the petitioner who brings the public interest
litigation before the court. The state or public authority which is arrayed as a
respondent in PIL should in fact, welcome it, as it would give it an opportunity to
right a wrong or to redress an injustice done to the poor and weaker sections of the
community whose welfare is and must be the prime concern of the state or the public
authority. There is a misconception in the minds of some lawyers, journalists and
individuals in public life that PIL is unnecessarily cluttering up the files of the Court
and adding to the already staggering arrears of cases which are pending for long years
and it should not therefore be encouraged by the Court. It is true that there are large
arrears pending in the Courts but, that cannot be any reason for denying access to
justice to the poor and weaker sections of the community. The time has now come
when the courts must become the courts for the poor and struggling masses of this
country. They must shed their character as upholders of the established order and the
74
status quo. They must be sensitized to the need of doing justice to the large masses of
people to whom justice has been denied by a cruel and heartless society for
generations.39
2. A tool to access to justice
PIL is a major tool in bringing about both institutional and law reforms even
while it enabled easy access to the judicial system for the poor. In PIL vigilant
citizens of the country can find an inexpensive legal remedy because there is only a
nominal fixed court fee involved in this. Further, through the so-called PIL, the
litigants can focus attention on and achieve results pertaining to larger public issues,
especially in the fields of human rights, consumer welfare and environment.
Although the proceedings in the Supreme Court arise out of the judgments or
orders made by the subordinate courts including the High Courts, but of late the
Supreme Court has started entertaining matters in which interest of the public at large
is involved. A case can be moved by any individual or group of persons either by
filing a writ petition at the filing counter of the court or by addressing a letter to the
Chief Justice of India highlighting the question of public importance for invoking this
jurisdiction. Such concept is popularly known as 'Public Interest Litigation' and
several matters of public importance have become landmark cases. This concept is
unique to the Supreme Court of India only and perhaps no other court in the world
has been exercising this extraordinary jurisdiction. A writ petition filed at the filing
counter is dealt with like any other writ petition and processed as such. In case of a
letter addressed to the Chief Justice of India the same is dealt with in accordance with
the guidelines framed for the purpose.
The scheme of the Legal Services Authorities Act and the Regulations framed
there under thus make it clear that the functions of the State Legal Services
Authorities are not limited to framing and monitoring legal aid programmes or to
encourage and expedite settlement of disputes through legal aid and lok Adalats, legal
literacy and legal awareness programmes only. The role of the authority extends to 39 People's Union for Democratic Rights v. Union of India, AIR 1982 SC 1473
75
taking steps by way of social justice litigation with regard to the following:—
Consumer Protection;
Environmental Protection; and
Matters of special concern of the weaker sections of the society.
Section 4(d) of the Act makes it clear that the social justice litigation with regard to
the above matters is one of the functions of the central authority. In the same spirit,
regulations framed by the state authorities authorize them to file PIL for the general
benefit of the poorer and less fortunate sections of the society who are unable by
themselves to do so.
These PIL take form of either a letter addressed by the Member Secretary of the
Legal Services Authorities to the Chief Justice of India or in the form of a formal
petition filed by the Member Secretary/Executive Chairperson of the State Legal
Services Authority before the superior courts. Thus, the topic of ‘PIL’ cannot be
viewed in isolation with the role of the Legal Services Authorities and both of them
are interlinked together.
One of the important facets of criminal jurisprudence and rights of prisoners
while in custody evolved through such a mechanism when the Executive Chairman,
Legal Aid Services Authority, West Bengal addressed a letter to Chief Justice of India
on 26 August, 1986 drawing the attention of Chief Justice of India to certain news
items published in newspapers ‘The Telegraph’, ‘Statesman’ and in the ‘Indian
Express’ regarding deaths in police lock-ups in custody. The Executive Chairman
after reproducing the news items submitted that it was imperative to examine the
issue in depth and to develop jurisprudence and formulate modalities for awarding
compensation to the victims and/or family members of the victim for atrocities and
deaths caused in police custody and to provide for accountability of the officers
concerned. It was also stated in the letter that efforts are often made to hush up the
matter of lock up deaths and thus, the crime goes unpunished and flourishes. The
Executive Chairman requested that the letter along with news items be treated as a
76
writ petition under PIL category.
The Supreme Court acting upon the said letter gave the landmark judgment
which was later on came to be known as D. K. Basu v. State of West Bengal,40 clearly
issuing guidelines which were to be followed by police officials while arresting a
person and during the custody. The guidelines inter alia provided as hereunder:—
(1) The police personnel carrying out the arrest and handling the
interrogation of the arrestee should bear accurate, visible and clear
identification and name tags with their designations. The particulars of
all such police personnel who handle interrogation of the arrestee must
be recorded in a register.
(2) That the police officer carrying out the arrest of the arrestee shall prepare
a memo of arrest at the time of arrest and such memo shall be attested
by at least one witness, who may either be a member of the family of the
arrestee or a respectable person of the locality from where the arrest is
made. It shall also be countersigned by the arrestee and shall contain the
time and date of arrest.
(3) A person who has been arrested or detained and is being held in custody
in a police station or interrogation centre or other lock-up, shall be
entitled to have one friend or relative or other person known to him or
having interest in his welfare being informed, as soon as practicable, that
he has been arrested and is being detained at the particular place, unless
the attesting witness of the memo of arrest is himself such a friend or a
relative of the arrestee.
(4) The time, place of arrest and venue of custody of an arrestee must be
notified by the police where the next friend or relative of the arrestee
lives outside the district or town through the Legal Aid Organization in
the District and the police station of the area concerned telegraphically
within a period of 8 to 12 hours after the arrest.
(5) The person arrested must be made aware of this right to have someone
40 (1997) 1 SCC 416.77
informed of his arrest or detention as soon as he is put under arrest or is
detained.
(6) An entry must be made in the diary at the place of detention regarding
the arrest of the person which shall also disclose the name of the next
friend of the person who has been informed of the arrest and the names
and particulars of the police officials in whose custody the arrestee is.
(7) The arrestee should, where he so requests, be also examined at the time
of his arrest and major and minor injuries, if any present on his/her
body, must be recorded at that time. The “Inspection Memo” must be
signed both by the arrestee and the police officer effecting the arrest and
its copy provided to the arrestee.
(8) The arrestee should be subjected to medial examination by a trained
doctor every 48 hours during his detention in custody by a doctor on the
panel of approved doctors appointed by Director, Health Services of the
State or Union territory concerned. Director, Health Services should
prepare such a panel for all Tehsils and Districts as well.
(9) Copies of all the documents including the memo of arrest, referred to
above, should be sent to the Illaqa Magistrate for his record.
(10) The arrestee may be permitted to meet his lawyer during interrogation,
though not throughout the interrogation.
(11) A police control room should be provided at all district and state
headquarters, where information regarding the arrest and the place of
custody of the arrestee shall be communicated by the officer causing the
arrest, within 12 hours of effecting the arrest and at the police control
room it should be displayed on a conspicuous notice board.
3. A Conceptual Background
Litigation as perceived in the Indian context and Indian parlance has always
been seen to be that a person who has a grievance and a complaint against another
person seeks access to justice and approaches the forum for vindication of his rights
78
and for redressal of his complaint seeking relief for his grievance. The forum,
however, has varied from time to time. Earlier these were Panchayats in a village set
up which used to deliver justice to the individual who was having a grievance against
another individual. Subsequently, the concept of Panchayat gave way to courts and
courts started justice delivery system and developed its mechanism. Still the parties in
a justice delivery system remained individuals and litigation was thought to be a
apportionment of rights and duties between two individuals most of the times.
With the change of time and the change of government from laissez faire era to
the modern welfare era, the entry of government in different departments and
undertaking of the social welfare projects by the government gave way to the
development of a situation where government also became per-force one of the
litigating parties against the individual or individuals and people were perforce made
to seek redressal of their grievances against the government. With the change of
times, a situation came that government was one of the most litigating parties in
different forum at respective levels.
For some section of the societies, however, the situation remained as it is. There
was no change in their perception of justice and there was no novelty in their living
and their lives remained more or less of a ‘status quo phase’ and they just dreamt of
an improvement in their living conditions or enforcement of their legal rights and it
was just a mirage for them that at one point of time they would also be in a position to
fight for their rights and seek redressal for their grievances. The basic reason behind
this was that most of the time they were unorganized and were belonging to such
lower strata of the society that litigation was a luxury for them. They were
educationally and economically so backward that they could not dare to question the
wrongs committed by person sitting on a higher pedestal than them in the social set
up and against the government or people in the higher echelons of society.
The succour for these persons came in the form of Justice P. N. Bhagwati.
Justice P. N. Bhagwati who later became Chief Justice of India, in active
collaboration and support with Justice Krishna Iyer of the Supreme Court,
consciously thought about these classes of persons and ingenuously developed the
79
theory of ‘PIL’. Justice P. N. Bhagwati and Justice Krishna Iyer, who both were the
active proponents of this theory thought that a certain class of persons was being
deprived of their legitimate and genuine rights simply because they were not having
any access to justice dispensing mechanism. They both were of the opinion that most
of the people in India where 80% of the population lives in villages are hard-pressed
to meet both their ends and are living a hand to mouth life and they could not afford
to present a petition before the Supreme Court located in the National Capital, Delhi
which is quite often far away from their villages and village headquarters. It was with
this background that the theory of ‘Public Interest Litigation’ was developed as
opposed to ‘Private Interest Litigation’.
The two Judges developed the theory and mechanism for dispensing justice to
the hard-pressed and down-trodden people belonging to the lower strata of the society
and they started treating the letters or postcards sent by these persons as petitions. The
formalities of proper filing of the petition/case before the Registry of the Supreme
Court, court fees, prior service etc. upon the opposite party-all were dispensed with
and the simple postcard which during those time was available for a cost of paisa 15
only was treated a Writ Petition and was taken up for consideration and hearing by
the Supreme Court actively led by Justice P. N. Bhagwati and notices were issued to
the respondents against whom the relief was sought by the persons who had
petitioned the Supreme Court by writing a simple letter. All procedural complexities
were done away with and a simple method of treating letters as writ petition was
developed by the Hon'ble Judges of the Supreme Court and the PIL theory was thus
conceived.
The recent trend has also developed where the judges acting on a newspaper
report or a news item in television take suo moto cognizance of the miseries being
suffered by a particular class of persons and immediately issue notice and register the
newspaper item or the media report as writ petition and list the same for regular
hearing in the registry before the bench and seek compliance of the directions being
issued from time to time.
4. Essentials
80
The phrase PIL was used by Justice Krishna Iyer way back in 1982 in the
Fertilizer Corporation Kamgar Union v. Union of India41 case and he termed it as
“epistolary jurisdiction”. ‘PIL’ means a legal action initiated in a court of law for the
enforcement of public interest or general interest in which the public or class of the
community have pecuniary interest or some interest by which their legal rights or
liabilities are affected. A PIL can be filed only in a case where “Public Interest” at
large is effected. Merely because, only one person is affected by state inaction is not a
ground for PIL.
The Council for Public Interest Law set up by the Ford Foundation in USA
defined the “PIL” in its report of Public Interest Law USA, 1976 as follows:-
Public Interest Law is the name that has recently been
given to efforts provide legal representation to previously
unrepresented groups and interests. Such efforts have been
undertaken in the recognition that ordinary market place for
legal services fails to provide such services to significant
segments of the population and to significant interests. Such
groups and interests include the proper environmentalists,
consumers, racial and ethnic minorities and others.
Earlier it was only a person whose interest and fundamental right was directly
affected along with others, who used to file such litigation. Now the trend has
changed, and, any public-spirited person can file a PIL on behalf of a group of a
person, whose rights are effected. It is not necessary, that person filing a case should
have a direct interest in this PIL. For example, a person in Bombay, can file a PIL for,
some labour workers being exploited in Madhya Pradesh or as someone filed a PIL in
Supreme Court for taking action against cracker factory in Sivakasi, Tamil Nadu, for
employing child labour or the case where a standing practising lawyer filed a PIL
challenging a government policy to transfer High Court Judges and similarly a lawyer
filed a PIL for release of 80 under trials in a jail, who had spent more number of years 41 1981 (1) SCC 468: AIR 1981 SC 344.
81
in jail, than the maximum period prescribed as punishment for offence, for which they
were tried.
It is thus clear that, any person, can file a PIL on behalf of group of affected
people. However, it will depend on the facts of each and every case as to whether it
should be allowed or not.
A PIL can be filed only against a state/ central government, municipal
authorities, and not against any private party. However “private party” can be
included in the PIL as “Respondent”, after making concerned state authority, a party.
For example, if there is a private factory in Delhi, which is causing pollution, then
people living nearby or any other person can file a PIL against:
Government of Delhi.
State Pollution Control Board, and
Also against the private factory owner
However, a PIL can not be filed against the private party alone and concerned state
government/and state authority has to be made a party.
5. ReliefsA lot of debate has been going on in recent times as to what are the reliefs which can
be granted or rather which should granted by a superior Court (High Court or
Supreme Court) while dealing with a PIL. There have been instances when an entire
fleet of smoke-splitting diesel, fleet of buses operating as public transport in Delhi
were converted to CNG through the force of a judicial order passed in the PIL titled
as M.C. Mehta v. Union of India42 and there has been instances where almost all of
Delhi was sealed and entire block of illegal constructions and properties built in
contravention of masterplan were ordered to be demolished/ sealed, also through an
order passed by Hon'ble Supreme Court in a “PIL’ titled as M.C. Mehta v. Union of
India.43 42 AIR 2001 SC 1948 : 2001(2) SCR 698
43 AIR 2006 SC 1325 : 2006 (2) SCR 26482
The Court may adopt different mechanism to grant relief to the litigative
parties in a PIL and court can appoint a high-powered committee to enforce various
guidelines and directions issued by court at different stages during the hearing of the
said PIL and seek a compliance report from the said high-powered committee about
its orders. This mechanism of high-powered Committee was recently followed by
Hon'ble Supreme Court by the appointment of a Monitoring Committee to seek the
compliance and enforcement of various directions issued by the Hon'ble Supreme
Court of India from time to time in the Delhi sealing case. Apart from the
appointment of high-powered committee, the court can adopt the mechanism of Court
Commissioner and appoint Court Commissioners for the compliance of the orders
and seek compliance report and status report from them at different stages of the said
litigation.
This procedure was followed by Justice Vijender Jain of the Delhi High Court
in the litigation pertaining to the demolition of unauthorized constructions in Delhi.
The Division Bench of Justice Vijender Jain and Justice Rekha Sharma appointed
Court Commissioners for various regions in Delhi where the illegal construction was
rampant and was going on in different properties falling in various zones spread over
the entire length and breadth of Delhi despite directions/orders from the M.C.D./High
Court to demolish the same. It was felt that the orders passed by the Courts were
being flouted with impunity in connivance and conspiracy between the MCD officials
and the offending parties who were caring too hoots for the Court’s order. This
compelled the Court to seek the genuine on the spot assessment of the ground reality.
A need was therefore felt to appoint senior advocates who would be above all the
greed and influence having impeccable integrity as Court Commissioners to assist the
Court and to become the eyes and ears of the Courts and to present before the Court
the ground reality and the situation as existing at the site and the extent of illegal
construction, if any, at the site and the consequent demolition order of the illegal
construction were passed and the compliance of the Court orders was ensured through
the mechanism of Court Commissioners.44
44 Kaltyan Sanstha v. Union of India Writ Petition no. 4582/2003 and others connected writs83
The grant of relief may, at times, include awarding compensation for state
oppression and mismanagement and for different acts of omissions and commissions
done by the employees and officials of the State against the steps of the State. The
nature of relief may also include mandatory or prohibiting order asking government
agencies to do or not to do any particular act or omission. The moot point to be
remembered still remains that the reliefs are for the benefit of public at large and for a
community and most of the times they cater to the needs of a large number of people
as distinguished from a single individual, for a single organization.
The Supreme Court has entertained PIL for curbing the environmental
degradation and deterioration in the general outlook of beauty of Taj Mahal due to
increased pollution levels and due to construction of a Corridor just behind Taj Mahal
which caused enormous damage to scenic beauty of Taj Mahal and has issued
sufficient guidelines to stop the construction of Taj Corridor as well as initiated
criminal prosecution against the persons in-charge who were instrumental in initiating
the Taj Corridor Project as per decision of Supreme Court in case M.C. Mehta v.
Union of India.45
Another innovative example of the exercise of discretionary powers vested in
the higher judiciary (High Court or Supreme Court) while entertaining the PIL is
manifested in the directions issued by the High Court which were upheld by the
Hon'ble Supreme Court, for relocation of the Milk Dairies which were causing a lot
of trouble to the inhabitants of the localities (Jodhpur city) where these dairies were
located. In Milkmen Colony Vikas Samiti v. State of Rajasthan.46 The Supreme Court
observed in the said case (Supra) that the menace of stray cattle has reached a state
where the entire planning of the city has gone haywire and creating a lot of nuisance
for the citizens and all this had happened at the cost of the health and decent living of
the city residents violating their rights under Article 21 and the directions issued by
the High Court to shift the Milk Dairies and relocate the same to other areas in the
45 2001 (9) SCC 235 and AIR 2004 SC 800
46 (2007) 2 SCC 413
84
city were held to be correct and in the interest of justice.
Another leading example of the use of exercise of the judicial power for the
correction of the general state of affairs and an area of concern for environment and
the steps to control the environmental pollution as well as to improve upon the overall
ambience is the initiative taken by their Lordships of the Hon'ble Supreme Court
directing the concerned authorities/state governments to take steps to undue damage
done by the unscrupulous visitors to the hill-stations and hill resorts by engraving
their names on the rocks on the National Highway which ruins the entire climate and
shortens the life of the precious structures and adds to the perpetual deterioration of
the general flora and fauna.47
The Supreme Court also stepped in to control and relocate the hazardous
industries operating in the residential areas of Delhi and in the landmark case of M.C.
Mehta v. Union of India,48 Supreme Court ordered that all industries operating within
the residential realm of the city limits be relocated to industrial area at the outer limits
of the city so as to obviate any environmental pollution and to make overall
improvement in the general life standards of the residents of the city.
In another significant case Parmanand Katara v. Union of India49 Supreme
Court was aghast at the attitude of the hospitals which did not provide any first aid
facilities to the injured who were brought at their doorsteps, insisting sheepishly on
first completing the financial formalities and in that categorical judgment, the
Supreme Court held that it is the paramount obligation of every member of medical
profession to give medical aid to every injured citizen as soon as possible without
waiting for any procedural formalities.
In an another important ruling Nihal Singh v. State of Punjab,50 the Punjab and
Haryana High Court quashed the provisions of jail manuals dividing the prisoners
into A, B, and C classes, acting upon a PIL Petition and held that there cannot be any
47 Sushanta Tagore vs. Union of India AIR 2005 SC 1975
48 1996 (4) SCC 351
49 AIR 1989 SC 2039
50 2000 Crl. L. J. 329885
classification of convicts on the basis of their social status, education or habit of
living.
In a significant case, the Supreme Court stepped in when it was touched by
the inhuman conditions of the burns ward of the Safdarjung Hospital where after the
Diwali fire, the patients were made to suffer in the open wards despite being burnt to
the extent of 90% and against the medical ethics which require that such types of
patients should be segregated exclusively in air-conditioned wards and there should
be not even the slightest of infections in such rooms. Supreme Court issued certain
guidelines for the improvement of the general conditions of the burns ward which led
to the improvement of the overall ambience and better health safeguards and safety
norms for the victims of the burnt injuries suffering from burns.
Many statutes allow courts to grant specific remedies in a wide variety of
circumstances. While many of these remedies are similar to those available in the
general law, such as, injunction and declaratory relief, some statutes have created new
forms of reliefs e.g., under the environment protection laws. Where the proceedings
relate to a matter arising under the Constitution or involving its interpretation or
arising under an enactment or are against the government or other public authority,
relief in PIL would be in the nature of a statutory remedy similar to remedy available
on judicial review and prerogative writs, and by way of a declaration or an injunction.
Litigation will only fall in the category of PIL if the remedies sought are in ‘public’ in
nature such as the high prerogative writs. The petitioners may seek in a PIL a
declaration that a particular statue is unconstitutional or that a rule or regulation is
invalid. They may seek an injunction to restrain a public authority from acting in
excess of its statutory powers. Number of instances can be found from various
decisions of Supreme Court and High Courts, where PILs were entertained in highly
effective manner to do better for public at large. However, in brief some of the powers
which can be used by the courts are as summed up as under;
(a)Writs of prohibition and certiorari lie on behalf of any person who is a ‘person
aggrieved’ and that includes any person whose interest may be prejudicially
86
affected by what is taking place. It does not include a mere busy body that is
interfering in things which do not concern him; but it includes any person who
has a genuine grievance because something has been done which affects
him.51 Where the applicant is not an aggrieved person, the court may be less
inclined to exercise its discretion to confer standing on such petitioner. If the
defect of jurisdiction is not patent, the court will exercise its discretion to
refuse an application made by a ‘stranger’ who cannot make out a strong,
prima facie, case or the court considers that no good would be done to the
public. Persons who are aggrieved, that is, those whose legal rights have been
infringed or who have any other substantial interest in impugning an order
may be awarded certiorari as a matter of right. In special circumstances,
however, a court may also exercise its discretion in favour of an applicant who
was not a person aggrieved.
(b) An order of mandamus is an order, from the court which requires the
performance of a public duty or the exercise of a discretion according to law
on the part of a public authority. The writ of mandamus is a judicial command
compelling the respondent to perform its duty. The order, however, cannot
direct the manner in which the duty will be performed, although the reasons
given for the order will usually guide the concerned officials. When any
order/direction in nature of judicial command is sought in a PIL, it is
important for the court to consider the nature of the duty and the persons to
whom it is owned. In many cases the nature of the duty itself will disclose that
it is, prima facie, owed to a certain person or class of persons, for example,
residents of a local authority. Persons outside the class may be extended
standing only if the duty imposed on the public official or authority is for the
general public good. Thus, a resident of London, had standing, as a concerned
member of the public, to seek mandamus compelling the Commissioner of
Police to withdraw a directive instructing non-enforcement of gaming laws.52
51 R v. Liverpool Corporation, ex parte Liverpool Taxi Fleet Operators’ Association, [1972] 2 QB 299, 308-9 (Lord Denning MR) 1 WLR 550, 558-9, 564, 567.
52 R v. Commissioner of Police of the Metropolis, ex parte Blackburn (No. 1) [1968] 2 QB 118.87
If the exercise of the official duty has impact on public rights, failure to
exercise duty affecting public interest would justify issuance of mandamus in
a PIL, but, if the act or omission has no impact on any collective legal rights
which involve public interest the PIL should not be entertained for mandamus.
(c) The writ of habeas corpus is a means of safeguarding individual liberty and it
is a remedy to secure release of a person wrongfully detained. It has always
been accepted that, anyone may seek the remedy when a person is held
incommunicado. The writ of quo warranto can be issued in PIL involving
determination of the validity of appointments to offices of a public nature and
may be used, for instance, to test which of the two rival claimants is the lawful
appointee. In England, it has been replaced by a form of statutory injunction
by section 9 of Administration of Justice (Miscellaneous Provisions) Act,
1938.
(d) The question of infringements of public rights can arise in cases relating to—
a) constitutional validity of legislation;
b) excess of power by a public body or a quasi-public undertaking;
c) breach of statutory provisions enacted for the benefit and protection of
the public;
d) public nuisance222; and
e) prevention of criminal offences, enforcement of mandatory public
duties, and such other categories as are recognized by law or judicial
decisions.
(e) When a private individual wishes to bring an action for an injunction or
declaration to enforce public rights, the relief may be granted only if right of a
class to which that person belongs has been simultaneously interfered with.
6. Pitfalls The theory of PIL which got conceived way back in the late 80’s and by now
88
has become the grown up adult child who is also demanding its share and price. This
world is very cruel and nothing is free in this world. The concept of PIL has also got
certain lows despite there being several highs and it has got certain crests as well as
certain troughs.
At the time of independence, court procedure was drawn from the Anglo-Saxon
system of jurisprudence. The bulk of citizens were unaware of their legal rights and
much less in a position to assert them. As a result, there was hardly any link between
the rights guaranteed by the Constitution of Indian, Union and the laws made by the
Legislature on the one hand and the vast majority of illiterate citizens on the other.
However, this scenario gradually changed when the post emergency Supreme Court
tackled the problem of access to justice by people through radical changes and
alterations made in the requirements of locus standi and of party aggrieved. Prior to
1980s, only the aggrieved party could personally knock the doors of justice and seek
remedy for his grievance and any other person who was not personally affected could
not knock the doors of justice as a proxy for the victim or the aggrieved party. PIL as
it has developed in recent years marks a significant departure from traditional judicial
proceedings. The court is now seen as an institution not only reaching out to provide
relief to citizens but even venturing into formulation of policy which the state must
follow.
The splendid efforts of Justice P.N. Bhagwati and Justice V.R. Krishna Iyer were
instrumental of this juristic revolution of eighties to convert the apex court of India
into a Supreme Court for all Indians.
89
PIL has been an invaluable innovative judicial remedy. It has translated the
rhetoric of fundamental rights into living reality for at least some segments of our
exploited and down-trodden humanity. Under-trial prisoners languishing in jails for
inordinately long periods, inmates of asylums and care-homes living in sub-human
conditions, children working in hazardous occupations and similar disadvantaged
sections got lots of benefits.
But the development of PIL (PIL) in the country has uncovered its own pitfalls
and drawbacks. The genuine causes and cases of public interest have in fact receded
to the background and irresponsible PIL activists all over the country have started to
play a major but not a constructive role in the arena of litigation.
A trend has been observed of late that the forum of PIL and the mechanism being
evolved by the judiciary to act as a beneficial measure and to provide succour to the
down-trodden and under-nourished sections of the society was being misused and the
PIL was turning either towards Private Interest Litigation or towards Publicity Interest
Litigation. It was seen that PILs were being filed either to settle a personal score
particularly in service matters or to seek cheap publicity and PIL was turning out to
be a public gimmick. The Supreme Court opined that the Court cannot be a silent and
mute spectator to it and helplessly watch the erosion of the institution of PIL.
Starting from the year 1998 in Dr. Duryodhan Sahu and ors. v. Jitender
Kumar Mishra,53 Supreme Court held that in service matters PIL should not be
entertained. The least, the High Courts could do is to throw them out.
In Neetu v. State of Punjab54 Supreme Court deliberated upon the question of
locus standi to file PIL particularly in the matter of service of an employee. The
Court held:
The scope of entertaining a petition styled as a public
interest litigation and locus standi of the petitioner
particularly in matters involving service of an employee
has been examined by this court in various cases. The
53 1998 (4) SCALE 643
54 2007 (1) SCALE 16890
Court has be to satisfied about (a) the credentials of the
applicant; (b) the prima facie correctness or nature of
information given by him (c) the information being not
vague and indefinite. The information should show
gravity and seriousness involved. Court has to strike a
balance between two conflicting interest; (i) nobody
should be allowed to indulge in wild and reckless
allegations besmirching the character of others; and (ii)
avoidance of public mischief and to avoid mischievous
petitions seeking to assail, for oblique motives, justifiable
executive actions. In such cases, however, the court
cannot afford to be liberal. It has to be extremely careful
to see that under the guise of redressing a public
grievance, it does not encroach upon the sphere reserved
by the Constitution to the Executive and the Legislature.
The Court has to act ruthlessly while dealing with
imposters and busy bodies or meddlesome interlopers
impersonating as public-spirited holy men. They
masquerade as crusaders of justice. They pretend to act in
the name of Pro Bono Publico, though they have no
interest of the public or even of their own to protect.
Courts must do justice by promotion of good faith, and
prevent law from crafty invasions. Courts must maintain
the social balance by interfering where necessary for the
sake of justice and refuse to interfere where it is against the
social interest and public good.
As noted supra, a time has come to weed out the
petitions, which though titled as public interest litigations
are in essence something else. It is shocking to note that
Courts are flooded with large number of so called public
91
interest litigations. Though the parameters of public
interest litigation have been indicated by this Court in large
number of cases, yet unmindful of the real intentions and
objectives, High Courts are entertaining such petitions and
wasting valuable judicial time which, as noted above, could
be otherwise utilized for disposal of genuine cases.
In another matter titled Pramod Kumar and Another v. Bihar Vyavasayik
Sangharsh Morcha,55 the Division Bench of Dr. Justice Arijit Pasayat and Justice
Altamas Kabir, in a matter involving directions pertaining to the tenure of posting of
police officers, opined that High Courts must restrain themselves while issuing
directions in PILs when the matter is specifically covered by a legislation (Bihar
Police Act, 2007) which was enacted to give effect to the directions of Supreme Court
in Prakash Singh v. Union of India56 and the directions of High Court were set aside.
In another important matter titled Vishwanath Chaturvedi v. Union of India,57
the Court drew a distinction between PIL and the Private Interest Litigation and stated
that the test which one has to apply to decide the maintainability of the PIL concerns
sufficiency of the petitioner’s interest. The petitioner’s interest can only be judged by
looking into the subject matter of his complaint and if the petitioner shows failure of
public duty, the Court would be in error in dismissing the PIL. The issue was
regarding the locus standi of a General Secretary of Congress Party in filing a PIL to
demand investigation and inquiry into the disproportionate assets allegedly being
possessed by Mulayam Singh Yadav. The Court held that simply because Sh.
Vishwanath Chaturvedi happens to be an active member of Congress and Office In-
charge of a Humanitarian Aid and Redressal Public Grievance Cell will not ipso facto
make the said PIL politically tainted and coloured. PIL was therefore entertained.
55 (2007) 7 SCC Page 659
56 (2006) 8 SCC 1
57 2007 (3) SCALE 714
92
In Ramjas Foundation v. Union of India58 and K.R. Srinivas v. P.M.
Premchand,59 Supreme Court held “A writ petitioner who comes to the Court for
relief in public interest must come not only with clean hands like any other writ
petitioner but also with a clean heart, clean mind and clean objective”.
In Udyami Evan Khadi Gramodog Welfare Sanstha v. State of U.P.,60 the
Division Bench of Supreme Court held that a writ remedy is an equitable one and a
person approaching a superior court must come with a pair of clean hands. It not only
should not suppress any material fact, but also should not take recourse to the legal
proceedings over and over again which amounts to abuse of the process of law.
In another significant case titled as Allahabad Ladies Club v. Jitendra Nath
Singh61 Division Bench of Supreme Court disagreed with the line of action taken by
Allahabad High Court in a PIL which was filed with a grievance that the park known
as Company Bagh ceased to be a park and illegal leases have been granted and
constructions have been put up in violation of the Act. The Supreme Court held that
High Court has unnecessarily enlarged the scope of the writ petition, although it was
permissible to take note of the necessary and connected matters in a PIL but since the
challenge was not to the grant of the lease, the High Court was not justified in
enlarging the scope of the writ petition.
In the Janta Dal v. H.S. Choudhary,62 Supreme Court in Para 52 defined
Public Interest –“The expression 'litigation' means a legal action including all
proceedings therein initiated in a Court of law for the enforcement of right or seeking
a remedy. Therefore, lexically the expression "PIL" means the legal action initiated
in a Court of law for the enforcement of public interest or general interest in which
the public or a class of the community have pecuniary interest or some interest by
58 AIR 1993 SC 852
59 1994 (6) SCC 620
60 2007(13) SCALE 686
61 2007(4) Scale Page 541
62 1992 (4) SCC 305
93
which their legal rights or liabilities are affected. These observations were reiterated
by Supreme Court in K.R. Srinivas v. P.M. Premchand.63
In another case, National Council for Civil Liberties v. Union of India64 which
pertained to the allegations against Medha Patkar who was heading the Narmada
Bachao Andolan, the Division Bench of the Supreme Court of India held that the facts
indicates clearly that the writ petition has been filed out of grudge harboured by the
President of Petitioner organization against Medha Patkar and appears to be a private
interest litigation to discredit and diffuse the agitation undertaken by Narmada
Bachao Andolan for rehabilitation of the displaced persons from the dam site before
submergence of their habitat and the petition was therefore dismissed.
In another case, Holicow Pictures Pvt. Ltd. v. Prem Chandra Mishra65
Supreme Court held that when there is material in the PIL to show that a petition
styled as a PIL is nothing but a camouflage to foster personal disputes, the said
petition is to be thrown out. The Supreme Court held:
--Public Interest Litigation which has now come to
occupy an important field in the administration of
law should not be “Publicity interest litigation” or
“private interest litigation” or “politics interest
litigation” or the latest trend “paise income
litigation”. If not properly regulated and abuse
averted, it becomes also a tool in unscrupulous
hands to release vendetta and wreck vengeance, as
well.
---There must be real and genuine public interest
involved in the litigation and not merely an
adventure of knight errant borne out of wishful
thinking. It cannot also be invoked by a person or a
63 1994 (6) SCC 620
64 (2007) 6 SCC 506
65 2007 (14) SCALE 1094
body of persons to further his or their personal
causes or satisfy his or their personal grudge and
enmity. Courts of justice should not be allowed to
be polluted by unscrupulous litigants by resorting to
the extraordinary jurisdiction. A person acting bona
fide and having sufficient interest in the proceeding
of public interest litigation will alone have a locus
standi and can approach the Court to wipe out
violation of fundamental rights and genuine
infraction of statutory provisions, but not for
personal gain or private profit or political motive or
any oblique consideration.
---It is depressing to note that on account of such
trumpery proceedings initiated before the Courts,
innumerable days are wasted, the time which
otherwise could have been spent for disposal of
cases of the genuine litigants. Though we spare no
efforts in fostering and developing the laudable
concept of PIL and extending our long arm of
sympathy to the poor, the ignorant, the oppressed
and the needy, whose fundamental rights are
infringed and violated and whose grievances go
unnoticed, un-represented and unheard; yet we
cannot avoid but express our opinion that while
genuine litigants with legitimate grievances relating
to civil matters involving properties worth hundreds
of millions of rupees and criminal cases in which
persons sentenced to death facing gallows under
untold agony and persons sentenced to life
imprisonment and kept in incarceration for long
95
years, persons suffering from undue delay in service
matters-government or private, persons awaiting the
disposal of cases wherein huge amounts of public
revenue or unauthorized collection of tax amounts
are locked up, detenus expecting their release from
the detention orders etc. etc. are all standing in a
long serpentine queue for years with the fond hope
of getting into the Courts and having their
grievances redressed, the busybodies, meddlesome
interlopers, wayfarers or officious interveners
having absolutely no public interest except for
personal gain or private profit either of themselves
or as a proxy of others or for any other extraneous
motivation or for glare of publicity break the queue
muffing their faces by wearing the mask of public
interest litigation and get into the Courts by filing
vexatious and frivolous petitions and thus criminally
waste the valuable time of the Courts and as a result
of which the queue standing outside the doors of the
Courts never moves, which piquant situation creates
frustration in the minds of the genuine litigants and
resultantly they loose faith in the administration of
our judicial system.
--Public interest litigation is a weapon which has to
be used with great care and circumspection and the
judiciary has to be extremely careful to see that
behind the beautiful veil of public interest an ugly
private malice, vested interest and/or publicity
seeking is not lurking. It is to be used as an
effective weapon the armory of law for delivering
96
social justice to the citizens. The attractive brand
name of the public interest litigation should not be
used for suspicious products of mischief. It should
be aimed at redressal of genuine public wrong or
public injury and not publicity oriented or founded
on personal vendetta. As indicated above, Court
must be careful to see that a body of persons or
member of public, who approaches the court is
acting bona fide and not for personal gain or private
motive or political motivation or other oblique
considerations. The Court must not allow its
process to be abused for oblique considerations by
masked phantoms who monitor at times from
behind. Some persons with vested interest indulge
in the pastime of meddling with judicial process
either by force of habit or from improper motives,
and try to bargain for a good deal as well to enrich
themselves. Often they are actuated by a desire to
win notoriety or cheap popularity. The petitions of
such busy bodies deserve to be thrown out by
rejection at the threshold, and in appropriate cases
with exemplary costs.
---The Court has to be satisfied about (a) the
credentials of the applicant; (b) the prima facie
correctness or nature of information given by him;
(c) the information being not vague and indefinite.
The information should show gravity and
seriousness involved. Court has to strike balance
between two conflicting interests; (i)nobody should
be allowed to indulge in wile and reckless
97
allegations besmirching the character of other; and
(ii)avoidance of public mischief and to avoid
mischievous petitions seeking the assail, for oblique
motives, justifiable executive actions.
---In such case, however, the Court cannot afford to
be liberal. It has to be extremely careful to see that
under the guise of redressing a public grievance, it
does not encroach upon the sphere reserved by the
Constitution to the Executive and the Legislature.
The Court has to act ruthlessly while dealing with
impostors and busybodies or meddlesome
interlopers impersonating as public-spirited holy
men. They masquerade as crusaders of justice.
They pretend to act in the name of Pro-Bobo
Publico, though they have no interest of the public
or even of their own to protect.
In State of Maharashtra v. Prabha,66 Supreme Court held Courts must do justice by
promotion of good faith, and prevent law from crafty invasions. Courts must
maintain the social balance by interfering where necessary for the sake of justice and
refuse to interfere where it is against the social interest and public good.
In Andhra Pradesh State Financial Corporation v. M/s. GAR Re-Rolling
Mills,67 Supreme Court held that no litigant has a right to unlimited drought on the
Court time and public money in order to get his affairs settled in the manner as he
wishes. Easy access to justice should not be misused as a license to file misconceived
and frivolous petitions.
As noted supra, a time has come to weed out the petitions, which though titled
66 1994 (2) SCC 48
67 AIR 1994 SC 215198
as PILs are in essence something else. It is shocking to note that Courts are flooded
with large number of so called PILs where only a miniscule percentage can
legitimately be called as PILs. Though the parameters of PIL have been indicated by
this Court in large number of cases, yet unmindful of the real intentions and
objectives, High Courts are entertaining such petitions and wasting valuable judicial
time which, as noted above, could be otherwise utilized for disposal of genuine cases.
Of late, many of the PIL activists in the country have found the PIL as a handy
tool of harassment since frivolous cases could be filed without investment of heavy
court fees as required in private civil litigation and deals could then be negotiated
with the victims of stay orders obtained in the so-called PILs. Just as a weapon meant
for defense can be used equally effectively for offence, the lowering of the locus
standi requirement has permitted privately motivated interests to pose as public
interests. The abuse of PIL has become more rampant than its use and genuine causes
either receded to the background or began to be viewed with the suspicion generated
by spurious causes mooted by privately motivated interests in the disguise of the so-
called public interests.
Every matter of public interest cannot be the basis of a PIL, e.g., increase in the
price of onions or in railway fares or the dilapidated condition of railway stations or
the Red Fort or trains not running on time. Over the years, PIL has degenerated into
Private Interest Litigation, Political Interest Litigation, and above all, Publicity
Interest Litigation. Weakness for publicity affects Judges, lawyers and litigants alike.
The framers of Indian constitution did not incorporate a strict doctrine of
separation of powers but envisaged a system of checks and balances. Policy making
and implementation of policy are conventionally regarding as the exclusive domain of
the executive and the Legislature. The power of judicial review cannot be used by the
court to usurp or abdicate the powers of other organs. PIL in practice, however, tends
to narrow the divide between the roles of the various organs of government and has
invited controversy principally for this reason. The court has sometime even
obliterated the distinction between law and policy. The approach of the court in policy
matters is to ask whether the implementation or non-implementation of the policy
99
results in a violation of fundamental rights. In M. C. Mehta v. Union of India (supra),
the court explained how despite the enactment of Environment (Protection) Act,
1986, there had been a considerable decline in the quality of environment. Any
further delay in the performance of duty by the Central Government cannot, therefore,
be permitted. The court, however, required the Central Government to indicate what
steps it had taken thus far and also place before it the national policy for the
protection of environment.
The law and policy divide was obliterated in Vishaka v. State of Rajasthan68
which was a PIL Concerning sexual harassment of women at work place. A
significant feature of this decision was the court’s readiness to step in where the
Legislature had not. The court declared that till the Legislature enacted a law
consistent with the convention of the Elimination of All Forms of Discrimination
Against Women which India was a signatory, the guidelines set out by the court
would be enforceable. However, in Delhi Science Forum v. Union of India,69 where
the government of India telecommunication policy was challenged by a PIL, the court
refused to interfere with the matter on the ground that it concerned a question of
policy.
The court may refuse to entertain a PIL if it finds that the issues raised are not
within the judicial ambit or capacity. A petition seeking directions to the government
to preserve and protect a particular Masjid or temple or Idgah is liable to be rejected.
Despite such observations the court has adopted a uniform and consistent approach in
dealing with its emerging role as policy maker. While in some cases, the court has
expressed its reluctance to step into the legislative field, in others it has laid down
detailed guidelines and explicitly formulated policy.
The flexibility of procedure that is a character of PIL has given rise to another
set of problems. It gives an opportunity to opposite parties to ascertain the precise
allegation and respond to specific issues. The PIL T.N. Godavarman v. Union of
68 (1997) 6 SCC 241 : 1997 AIR SCW 3043: AIR 1997 S.C 3011
69 AIR 1996 SC 1356.
100
India70 relating to depletion of forest cover is a case in point. The petition, as
originally drafted and presented, pertained to the arbitrary felling of Khair trees in
Jammu and Kashmir. The PIL has now been enlarged by the court to encompass all
forests throughout India. Individual States, therefore, will not be able to respond to
the original pleading as such, since it may not concern them at all. The reports given
by court appointed commissioners raise problems regarding their evidentiary value.
No court can found its decision on facts unless they are proved according to law. This
implies the right of an adversary to test them by cross-examination or atleast counter-
affidavits. In such instances the affected parties may have misgivings about the role
of the court.
In the political arena too, the debate over the limits of judicial activism,
particularity in the field of PIL, has been vigorous. The attempt by the judiciary
through PILs to enter the area of policy making and policy implementation has
caused concern in political circles. A private members bill, entitled Public Interest
Litigation (Regulation) Bill, 1996 was tabled in Rajya Sabha. According to it the PIL
was being grossly misused. Moreover, PIL cases were being given priority over other
cases, which had remained pending in the court for years. It was urged that if a PIL
petition failed or was shown to be mala fide the petitioner should be put behind bars
and pay the damages. Although the Bill lapsed, the debate in Parliament revealed
some of the criticism and suspicion that PIL had begun to attract.
The credibility of PIL process in now adversely affected by the criticism that the
judiciary is overstepping the boundaries of its jurisdiction and that it is unable to
supervise the effective implementation of its orders. It has also been increasingly felt
that PIL is being misused by the people agitating for private grievance in the grab of
public interest and seeking publicity rather than espousing public case. The judiciary
has itself recognized and articulated these concerns periodically. A further concern is
that as the judiciary enters into the policy making arena it will have to fashion new
remedies and mechanisms for ensuring effective compliance with its orders. A
judicial system can suffer no greater lack of credibility than a perception that its order 70 AIR 1998 SC 2553
101
can be flouted with impunity. The court must refrain from passing orders that cannot
be enforced, whatever the fundamental right may be and however, good the cause. It
serves no purpose to issue some high profile mandamus or declaration that can
remain only on paper. Although usually the Supreme Court immediately passes
interim orders for relief, rarely is a final verdict given, and in most of the cases, the
follow-up is poor.
To regulate the abuse of PIL the Apex Court itself has framed certain guidelines
(to govern the management and disposal of PILs.) The court must be careful to see
that the petitioner who approaches it is acting bona fide and not for personal gain,
private profit or political or other oblique consideration. The court should not allow
its process to be abused by politicians and others to delay legitimate administrative
action or to gain political objectives. At present, the court can treat a letter as a writ
petition and take action upon it. But, it is not every letter which may be treated as a
writ petition by the court. The court would be justified in treating the letter as a writ
petition where the letter is addressed by—
(i) an aggrieved person, or
(ii) a public spirited individual, or
(iii) a social action group
for enforcement of the constitutional or the legal rights of a person in custody or of a
class or group of persons who by reason of poverty, disability or socially or
economically disadvantaged position find it difficult to approach the court for redress.
Even though it is very much essential to curb the misuse and abuse of PIL, any move
by the government to regulate the PIL results in widespread protests from those who
are not aware of its abuse and equate any form of regulation with erosion of their
fundamental rights.
Public Interest Litigants fear that implementation of these suggestions will sound
the death-knell of the people friendly concept of PIL. However, it cannot be denied
that PIL activists should be responsible and accountable. It is also notable here that
even the Consumers Protection Act, 1986 has been amended to provide compensation
102
to opposite parties in cases of frivolous complaints made by consumers. PIL requires
rethinking and restructuring. Overuse and abuse of PIL will make it ineffective. PIL
has translated the rhetoric of fundamental rights into living reality for at least some
segments of our exploited and downtrodden humanity i.e. under trial prisoners
languishing in jails for inordinately long periods, inmates of asylums and care-homes
living in sub-human conditions, children working in hazardous occupations and
similar disadvantaged sections. Hence, any change to improve it further should be
encouraged and welcomed.
7) Instances where PIL were filed by legal services authorities/committees for
benefit of public at large:-
When despite enactment of Legal Aid Act, various states did not frame
relevant rules and regulations under this Act and failed to constitute the High Court
legal services committees in their respective states, then Supreme Court was
compelled to give directions in this regard and to issue contempt notices.71
Delhi High Court Legal Services Committee in a writ petition pointed out
towards huge pendency of complaint cases under section 138 of Negotiable
Instruments Act unnecessary filed in Delhi Courts which virtually had no territorial
jurisdiction to try the same, was successful in getting the orders for return of such
complaint cases to be filed before appropriate courts having jurisdiction which
certainly had eased the load of the courts.72
Under section 4 (d) (i) and (ii) of the Legal Aid Act, Legal Services Authorities
can file PIL on certain limited issues such as consumer and environment related
problems but under clause (iii), it can take up any matter to the higher court in writ
petition which may be concerning the weaker section of the society. There is no bar
for Legal Services Authorities to take up other important issues in writ or PIL
concerning public at large. Otherwise also when PIL can be filed by any individual
and are entertained by High Court and Supreme Court, then on the principles of 71 Supreme Court Legal Aid Committee vs. Union of India 1998 (5) SCC 762 and Supreme Court
Legal Services Committee vs. Union of India AIR 1998 Supreme Court 2940 72 Delhi High Court Legal Services Committee vs. Govt. of NCT of Delhi 2009 (163) DLT 56= 2009
X AD (Delhi) 166103
parity, Legal Services Authorities are also competent to take up issues of public
importance to the courts when such authorities are being managed, supervised and
controlled by members of judiciary upto Supreme Court level and are having
statutory backup and widely recognized by every court and government agencies.
The courts have to guard against judicial overload due to litigation of this
nature so that cases of genuine value do not get neglected or unduly delayed. PIL
must be screened in some way to prevent floodgates of litigation. The court should
punish with costs persons who might bring unnecessary actions. High costs are a
strong disincentive to litigation, even where there is no barrier in the form of a
requirement of standing. If a court considers that the litigant, whoever it may be, has
wasted court’s time, had no legal merits, or should have prosecuted its objections
elsewhere, the ordinary compensatory costs rule should prevail.
‘Imagination is the voice of daring
If there is anything Godlike about God it is that.
He dared to imagine everything’
-----G. Miller
If you can’t imagine, you cannot succeed and you cannot progress. Development
follows imagination and only those can imagine who have dared to think and who can
dare to think differently. One needs the passion to do something and the urge to
develop something new and the desire to swim against the tide and only those can
develop and nourish uncharted territories. Thus the rightful persons or organizations
who really feel for public at large and are well wishers of humanity must come
forward to take up their plight and grievances to the court and certainly their actions
shall be benefited to all.
***************
104
CHAPTER 5
LEGAL AID—INTERNATIONAL AND NATIONAL
PERSPECTIVE WITH SPECIAL EMPHASIS ON UNION
TERRITORY OF DELHI
A. Implementation of Legal Aid Services in different countries;
The earliest Legal Aid movement appears to be of the year 1851 when
some enactment was introduced in France for providing legal assistance to the
indigent.73
1. Legal Aid in United States of America:- Civil legal assistance for poor people in
the United States began in New York City in 1876 with the founding of the
predecessor to the Legal Aid Society of New York. In 1965 the Federal Government
first made funds available for legal services through the Office of Economic
Opportunity (OEO) and started the “legal services program.” The OEO legal services
program was designed to mobilize lawyers to address the causes and effects of
poverty. OEO funded full-service local providers, each serving one geographic area,
which were to ensure access of all clients and client groups to the legal system.
OEO assumed that each legal services program would be a self-sufficient
provider; all advocacies would be done by the program, including major litigation and
holistic advocacy, using social workers and others. OEO also developed a unique
infrastructure through national and state support and training programs and a national
clearinghouse provided leadership and support on substantive poverty law issues, as
well as undertook litigation and representation before state and federal legislative and
administrative bodies.
In 1974, Congress passed the Legal Services Corporation (LSC) Act, and in
1975, LSC took over programs started in OEO. The delivery and support structure put
73 As per website of National Legal Services Authority105
in place by OEO was carried over fundamentally unchanged by LSC when it began to
function in 1975. While the LSC Act said that LSC was set up “to continue the vital
legal services program,” it also explicitly changed the goals of the program.
LSC was to ensure “equal access to our system of justice for individuals who
seek redress of grievances” and “to provide high quality legal assistance to those who
were otherwise unable to afford legal counsel.” LSC strengthened existing providers,
retained and strengthened the support structure, and expanded the program to reach
every county. Even though there were experiments dealing with delivery of services
(e.g., hotlines for the elderly funded by the government and private interests), the
structure of the federal legal services program remained essentially unchanged until
1996. At that point, Congress reduced overall funding by one-third, entirely defunded
the support system and imposed new and unprecedented restrictions and there had
been some restrictions on what LSC-funded legal services programs could do,
particularly with LSC funds.
The U.S. civil legal aid “system” consists of a range of different types of service
providers funded by a number of sources. Overall, the system has really two or
perhaps three different sub-systems. One sub-system is funded and somewhat driven
by LSC. Legal services organizations that receive money from LSC restrict the legal
aid they provide. One sub-system is totally independent of LSC but a critical part of
the overall delivery system in each state. A final sub-system is both totally
independent of LSC and not effectively integrated into the delivery system in the
states. However, how these three different systems actually provide services on the
ground differs widely among states.74
In addition to staff attorney programs providing direct legal assistance, a
number of pro bono programs are operated by civil legal aid providers, bar
associations, or independent programs. The American Bar Association-Center for Pro
Bono has estimated that these pro bono programs number over 900. Today, over
150,000 private attorneys are registered to participate in pro bono efforts with LSC-
74 An Article ‘Recent Developments-Civil legal assistance in the United States by Alan W. Houseman appearing on www.faculty.law.ubc.ca
106
funded programs and 45,000 are actually participating.75
In addition, over 250 major law firms have pro bono programs that provide
significant service to low-income clients. The U.S. system also includes a number of
state advocacy organizations that advocate before state legislative and administrative
bodies on policy issues affecting low-income persons. Some of these also provide
training and support to local legal aid advocates on key substantive issues. A 2001
study conducted by the Project for the Future of Equal Justice identified non-LSC-
funded entities engaged in state advocacy in over 38 states.76
Moreover, more than 30 entities are engaged in advocacy on behalf of low-
income persons at the federal level. Some of these were formerly funded by LSC and
were part of the national support network, and some of these (like CLASP) were
never funded by LSC.
There are many differences between the legal aid system in the U.S. and those
in the developed countries that are included within the International Legal Aid Group.
Firstly, the United States has not established a statutory or constitutional right to
counsel in most civil cases. While a national coalition is attempting to move this
agenda forward, there has been little concrete progress in establishing such a right
either by court decision or by legislative action.
Secondly, the United States has not embraced nor suggested changes to the
existing system that would substantially increase the involvement of paid private
lawyers in the delivery of civil legal assistance to low-income persons. Instead, the
United States continues to rely on pro bono attorneys and pro bono programs both to
supplement the staff attorney system and to independently deliver legal services to the
poor. While some have argued that the U.S. would improve its funding if more private
attorneys were paid for providing civil legal aid, so far there is virtually no legislative
pressure to change the staff attorney model at either the federal or state legislative
level.
75 An Article ‘Recent Developments-Civil legal assistance in the United States by Alan W. Houseman appearing on www.faculty.law.ubc.ca
76 Civil Legal aid in the United States-an overview of the programme in 2003 by Alan W. Houseman appearing on www.clasp.org
107
Thirdly, providers and not funders make the key decisions about who is served,
the scope of service provided, the types of substantive areas in which legal assistance
is provided, the mixture of attorneys and paralegals, and the type of services provided
(such as advice, brief services, extended representation, law reform, and the like).
While Congress has imposed restrictions on what LSC can fund, and a few other
states have similar or even more stringent restrictions, in the U.S. system, the funder
does not decide what the provider may do. It is the provider who undertakes planning
and priority setting and decides who will deliver the services (staff attorney or private
attorney). As a corollary to this responsibility, it is the provider who oversees how
these services are delivered and the quality of work that is provided by its staff
attorneys and the pro bono and paid private attorneys with whom the provider works.
Fourthly, because the U.S. system is so decentralized and differs so greatly
among providers and among states, there is a wide divergence, even among LSC
providers, in the types of services offered. Some do considerable consumer work and
others do virtually none. Some have substantial emphasis on housing, while others
have a substantial emphasis on public benefits. In addition, they emphasize different
functions. Some primarily or substantially utilize hotlines and advice and brief
service. Others emphasize extended representation in court and before administrative
agencies. Some do all of these functions.
Fifthly, the legal framework differs among the states. The laws affecting key
poverty law issues differ. For example, in some states, landlord tenant law provides a
warranty of habitability and affirmative defenses to an eviction. In other states,
neither of these is available to the advocate for a tenant.
Since 2003, there have been a number of new initiatives to improve the quality
of civil legal aid providers. These have generally been efforts to work within the
existing decentralized system of civil legal aid that has evolved in the United States
under which individual providers decide who to serve, the types of cases to prioritize,
and the scope of activities to undertake.
The legal aid programme has a long history of effective representation of low-
income persons and has achieved a number of significant results for them from the
108
courts, administrative agencies, and legislative bodies. However, funding remains
totally inadequate to address the legal needs of the poor. Moreover, few states have
implemented an effective and efficient state integrated and comprehensive system of
delivery. It will take both--significant increases in funding and the development of
effective state justice systems in order to have a civil legal aid system that meets one
of the key purposes of the LSC Act, to provide assistance to those “unable to afford
adequate legal counsel.”
As the U.S. has made considerable progress in meeting two of the three
fundamental objectives of a civil legal aid system: (1) educating and informing low-
income persons of their legal rights and responsibilities; and (2) informing low-
income persons about the options and services available to solve their legal problems,
protect their legal rights, and promote their legal interests. While much more progress
is necessary in order to achieve these two goals, at least there has been continuing
progress over the last several years. On the other hand, progress has been very slow in
meeting the third objective of civil groups who are politically or socially disfavoured
or have distinct and disproportionately experienced legal needs, have meaningful
access to a full range high-quality legal assistance providers when they have chosen
options that require legal advice and representation.
The U.S. has far to go to meet all three objectives of a civil legal aid system.
First, to raise the funds needed, it must develop a much stronger base of public
support for civil legal aid within the general public and among key leaders in local
communities. Second, state efforts must continue and increase efforts to implement an
integrated, comprehensive statewide system that is efficient and effectively serves all
low-income person in need of civil legal assistance. To implement such a system, key
state justice leaders including state Supreme Court justices and others must become
involved. Finally, the civil legal assistance community must continue and
substantially increase its efforts to create a new and more effective system of
advocacy, coordination, and support at the state and national level.
109
2. Legal Aid in England:- In Britain, the history of the organized efforts on the part
of the state to provide legal services to the poor and needy dates back to 1944, when
Lord Chancellor, Viscount Simon appointed Rushcliffe Committee to enquire about
the facilities existing in England and Wales for giving legal advice to the poor and to
make recommendations as appear to be desirable for ensuring that persons in need of
legal advice are provided the same by the State.
In England legal aid is governed by “Legal Services Commission”77 which ensure
that people get the correct information, advice and legal assistance they need to deal
with a range of problems such as:
Criminal cases Civil cases - with exceptions including libel, most personal injury cases,
associated cases with the running of businesses, and family cases.
The LSC is responsible for the Community Legal Service (civil) and Criminal
Defence Service (criminal) legal aid schemes. Depending on the type of case, legal
aid may or may not be means tested.
LSC works in partnership with solicitors and non-profit organization. Their
fundamental work is to provide social and legal justice for the vulnerable and socially
excluded people. Their job is to make sure that applicants can access the assistance
they require to address their problems.
Legal aids in Wales and England can be obtained through the internet and/or
over the telephone. Here legal aid is administered by the Legal Services Commission,
and is available for most criminal cases, and many types of civil cases with
exceptions including libel, most personal injury cases (which are now dealt with
under Conditional Fee Agreements, a species of contingency fee) and cases associated
with the running of a business. Family cases are also often covered. Depending on the
type of case, legal aid may or may not be means tested.
77 Legal aid in Wales and England, www.laoc.org and Annual Report 2005-06 of Legal Services Commission at www.legalservices.gov.uk
110
Criminal legal aid is generally provided through private firms of solicitors and
barristers in private practice. There are limited numbers of public defenders. Civil
legal aid is provided through solicitors and barristers in private practice but also non-
lawyers working in law centers and not-for-profit advice agencies.
3. Legal aid in Canada:- In Canada, a strong legal aid system is one of the pillars
that support’s the system of justice. The main aim of providing legal aid in Canada is
to guarantee that the people who are economically disadvantaged to have an equitable
access to the justice system.
Legal aid can be provided for a variety of legal problems, including criminal
matters, family disputes, immigration and refugee hearings and poverty law issues as
well as landlord/tenant disputes and employment insurance.
Aid for legal representative or advice is available all across the province in
Canada. Most office will process applicant’s applications, issue legal aid certificates
to financially eligible applicants, which will allow them to receive legal service from
the lawyer of their choice.
The provision of legal aid for the administration of criminal law deals with by
The Federal Government and for the administration of justice and for property and
civil rights (such as family and poverty law issues) deals by The Provincial
Government.78
Even though civil legal aid is dealt by provincial and territorial responsibility,
the Federal Government plays its part by contributing programs through the Canada
Social Transfer. It also provides funding to support of legal aid in Criminal Law,
Youth Criminal Justice Act and Immigration and Refugee matters. The
responsibilities of provincial and territorial governments are to manage and
administrate their legal aid programs.
Legal aid in Canada is administered by Legal Aid Ontario (LAO)79. The LAO
provides funding to more than one million Ontario residents who need help with their
78 www.laoc.org/canada and www.en.wikipedia.org
79 www.laoc.org/canada and www.en.wikipedia.org111
legal problems. Legal Aid is available to low income individuals and disadvantaged
communities for a variety of legal problems, including criminal matters, family
disputes, immigration and refugee hearings and poverty law issues such as basic
employment rights, worker's compensation, landlord/tenant disputes, disability
support and family benefits payments. Legal Aid in Ontario is provided in a number
of ways: Ontario has a legal aid certificate program. The program provides low
income people with certificates for a set number of hours of service to be provided by
a private lawyer. When the lawyer has completed their work, they bill Legal Aid
Ontario for the services they provided. The certificate system is limited by the fact
that many lawyers do not accept certificates because the hourly rates are too low.
Lawyers are also wary of accepting cases because a certificate may not provide
enough hours for the lawyer to provide adequate representation
Ontario also has a community legal clinic system. Ontario’s 79 Community
legal clinics are staffed by lawyers, community legal workers, and sometimes law
students. Each legal clinic is run by a volunteer board of directors with members from
the community. Legal clinics provide information, representation, and advice on
various kinds of legal issues, including social assistance, housing, refugee and
immigration law, employment law, human rights, workers’ compensation, and the
Canada Pension Plan. Many legal clinics also produce community legal education
materials, offer workshops and information sessions, and engage in other community
development activities including campaigns to change the law. Specialty legal clinics
serve a particular community or focus on a specific area of law. Unlike general
service legal clinics, most specialty legal clinics are not limited to serving a particular
geographic area.
The clinic system is seen by many to be a preferred model of legal aid delivery.
Services are provided at the community level and clients therefore benefit from the
agency's connections to other services, including health care among others. Legal
problems are seen in their social context and issues of broader societal concern can be
identified by clients and staff.
112
4. Legal aid in China:-The development in China has been accompanied by the
growing importance of resolving disputes through legal means. Chinese citizens have
come to rely more and more on legal services to protect their rights and interests.
However, the widening gap between the wealthy and the poor arouses concern about
the inequality of people before the law as the poor cannot afford the increasing legal
fees. Thus, there is an urgent need to create a legal aid system in China.
On December 16, 1996, the Legal Aid Centre of the Ministry of Justice was
established to promote the development of legal aid bodies nationwide and to monitor
their operation. China's legal aid bodies are divided into four categories from the
central to the local level, namely: the central, provincial (or autonomous region or
metropolitan city directly under the central government), regional (municipality or
prefecture) and county or district legal aid bodies. The whole country now has 29
provincial legal aid centres, 266 regional legal aid centres accounting for nearly 74
percent of all the regions and municipalities and 968 county legal aid centres
accounting for nearly 34 percent of all counties and districts.80
Legal aid centres provide legal assistance either under the orders of the People's
Courts or after accepting the application of a citizen. In the former case, the People's
Court orders the legal aid centre to designate a lawyer for the defendant who fulfils
the requirements for legal aid in a criminal proceeding. In the latter case, a citizen can
make an application to a legal aid centre for legal assistance for litigation or non-
litigation services. For the request for litigation legal assistance, the legal aid centre
will assign a law firm to provide a lawyer to handle the case
5. Legal aid in Australia:- Australia has a federal system of Government comprising
federal, state and territory jurisdictions. The Australian (Commonwealth) and State
and Territory governments are each responsible for the provision of legal aid for
matters arising under their laws
Legal aid for both Commonwealth and State matters is primarily delivered
through State and Territory legal aid commissions (LACs), which are independent 80 Legal aid in China by Wong Kai-Shing, an article appearing on www.hrsolidarity.net
113
statutory agencies established under State and Territory legislation.81 The Australia
Government funds the provision of legal aid for Commonwealth family, civil and
criminal law matters under agreements with State and Territory governments and
LACs. The majority of Commonwealth matters fall within the family law jurisdiction.
Legal aid commissions use a mixed model to deliver legal representation
services. A grant of assistance legal representation may be assigned to either a
salaried in house lawyer or referred to a private legal practitioner. The mixed model is
particularly advantageous for providing services to clients in regional areas and in
cases where a conflict of interest means the same lawyer cannot represent both
parties.82
The Australian Government and most State and Territory Governments also
fund community legal centres, which are independent, non-profit organizations that
provide referral, advice and assistance to people with legal problems. Additionally,
the Australian Government funds financial assistance for legal services under certain
statutory schemes and legal services for Indigenous Australians.83
By way of history, the Australian Government took its first major step towards a
national system of legal aid when it established the Legal Services Bureaux in 1942.
However, there was a move in the late 1970 to provide service delivery by the States
and Territories (not the federal arm of government). In 1977, the Australian
Government enacted the Commonwealth Legal Aid Commission Act 1977 (LAC Act)
which established cooperative arrangements between the Australian Government and
State and Territory governments under which legal aid would be provided by
independent legal aid commissions to be established under State and Territory
legislation. The process of establishing the LACs took a number of years. It
commenced in 1976 with the establishment of the Legal Aid Commission of Western
Australia and ended in 1990 with the establishment of the Legal Aid Commission of
81 Legal aid in Australia by Jimmy Wales appearing on www.wikipedia.org
82 Legal aid in Australia by Jimmy Wales appearing on www.wikipedia.org
83 Legal aid in Australia by Jimmy Wales appearing on www.wikipedia.org
114
Tasmania. The cooperative arrangements that were established by the LAC Act
provided for Commonwealth and State and Territory legal aid funding agreements,
which began in 1987.84
In July, 1997 the Australian Government changed its arrangements to directly
fund legal aid services for Commonwealth law matters. Under this arrangement the
States and Territories fund assistance in respect of their own laws.
(B) Mandate of Legal Services Authorities Act in India:- The mandate of the Legal
Services Authorities Act, 1987 is that the Legal Services Authorities shall be set up in
all the states. State authority shall consist of Chief Justice of the respective High
Court who shall be the Patron-in-Chief; a serving or retired Judge of the High Court,
to be nominated by the Governor, in consultation with the Chief Justice of the High
Court, who shall be the Executive Chairman and 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. Besides that, there will be a Member Secretary of the said
State Authority appointed by the State Government in consultation with the Chief
Justice of the High Court and the said Member Secretary shall be the member of State
Higher Judicial Service.85
Apart from the constitution of State Legal Services Authority, a Central
Authority is also contemplated who shall be designated as National Legal Services
Authority and the said Central Authority shall consist of the Chief Justice of India
who shall be the Patron-in-Chief and a retired or serving Judge of the Supreme Court
to be nominated by the President, in consultation with the Chief Justice of India, who
shall be the Executive Chairman and such number of other members, possessing such
experience and qualifications, as may be prescribed by the Central Government, to be
nominated by that Government in consultation with the Chief Justice of India. A
Member Secretary of the said National Legal Services Authority/Central Authority 84 Legal aid in Australia by Jimmy Wales appearing on www.wikipedia.org
85 Section 6 of Legal Services Authorities Act, 1987
115
also to be appointed by the Central Government in consultation with the Chief Justice
of India.86
The State Authority is supposed to function under the overall supervision and
control of the Central Authority.87 Apart from the State Legal Services Authority, a
High Court Legal Services Committee88 and a Supreme Court Legal Services
Committee89 is also contemplated under the Act. The High Court Legal Services
Committee shall be constituted by the State Authority and the Supreme Court Legal
Services Committee shall be constituted by the Central Authority. Besides this, the
Act also talks about the District Legal Services Authority90 for every district in the
State and a Taluk Legal Services Committee,91 for each Taluk or Mandal or for groups
of Taluks or Mandals. Both these Authorities shall function under the overall
supervision and control of the State Legal Services Authority. Acting upon the said
mandate, almost all the State Governments have appointed their specific Legal
Services Authorities which are performing duties as assigned to them under the Legal
Services Authorities Act.
Details and achievements of some of the legal services authorities are as
follows:
Uttar Pradesh State Legal Services Authority
Uttar Pradesh State Legal Services Authority was constituted under section 6
of the Legal Services Authority Act 1987. The Chief Justice of the Allahabad High
Court is Patron-in-Chief while senior most Judge of this High Court is the Executive
Chairman of the Authority. The head office of the authority is situated at third floor of
Jawahar Bhawan Annexe, Lucknow, UP.
86 Section 3 of Legal Services Authorities Act, 1987
87 Section 7 of Legal Services Authorities Act, 1987
88 Section 8A of Legal Services Authorities Act, 1987
89 Section 3A of Legal Services Authorities Act, 1987
90 Section 9 of Legal Services Authorities Act, 1987
91 Section 11 A of Legal Services Authorities Act, 1987
116
High Court Legal Services Committee at Allahabad with its Sub-Committee at
High Court, Lucknow Bench, 71 District Legal Services Authorities and 300 Tehsil
Legal Services Committees92 have been constituted under the Act. District Judge is
the Chairman while a Judicial Officer of rank of Civil Judge (Senior Division) is the
Secretary of the District Legal Services Authority. Senior Civil Judge of the Tehsil is
Ex-officio Chairman of Tehsil Legal Services Committee and Tehsildar is Secretary
of Tehsil Legal Services Committee.
Authority in order to carry out its activities framed Regulations vide notification
no. 38/SLSA-104-97 dated 11-9-1997 which are given the name as ‘Uttar Pradesh
State Legal Services Authority (Transaction of business and other provisions)
Regulations, 1997.93
Various Legal awareness and Legal Literacy Camps, Departmental Lok Adalats,
Lok Adalats for Banks etc. are also organized under the Act. Two Mediation Centres
at High Court, Allahabad and Lucknow Bench of High Court are also established to
settle disputes with the aid of mediators. Eleven more mediation centres are likely to
be setup in various districts of Uttar Pradesh.
Symposiums, Seminars, Conferences are also organized in order to settle disputes
as well as to make the people aware about legal system.
From the year 1981 to financial year 2009-10, total 36306 Lok Adalats were organized and total number of 83,61,974 cases were settled through mutual settlement which includes 75117 Motor Accident Claim Tribunal cases, 61,44,790 Petty
Criminal Cases, 67,819 Matrimonial cases, 1,62,876 Civil Cases, 27,533 Labour
cases, 14,88,605 Revenue cases and 3,95,234 other cases. Compensation of
Rs. 5,20,62,62,824.31 paisa was awarded in Motor Accident Claim Tribunal Cases
and Rs. 86,32,05823.56 paisa was realized as fine.94
92 Data as on 29-11-2010 taken from website-www.upslsa.up.nic.in belonging to UP State Legal Services Authority
93 Data as on 29-11-2010taken from website-www.upslsa.up.nic.in belonging to UP State Legal Services Authority
94 Data as on 29-11-2010 taken from website-www.upslsa.up.nic.in belonging to UP State Legal Services Authority
117
Haryana State Legal Services Authority
(a) Permanent and Continuous Lok Adalats:- To enable the Courts to refer
more contentious matters to Lok Adalats which can give repeated sittings to the
parties, and to enable general public to take their disputes at pre-litigative stage to
Lok Adalats for exploring possibility of amicable settlement, a Permanent and
Continuous Lok Adalat is functioning in the Punjab and Haryana High Court at
Chandigarh which is headed by a retired Judge of the High Court.95
Permanent and Continuous Lok Adalat (redesigned as “Samjhauta Sadans” with
effect from 19.7.2002) are also functioning in ten districts of Haryana viz., Ambala,
Panchkula, Gurgaon, Faridabad, Jhajjar, Hissar, Fatehabad, Karnal, Sirsa, Rohtak and
Rewari which are headed by retired judicial officers. In the remaining districts and
sub-divisional courts of Haryana, serving judicial officers are presiding over such
“Samjhauta Sadans” on rotational basis.96
(b) Rural Lok Adalat:- Haryana State authority launched a project ‘People’s
initiative for justice’ in order to involve the public spirited persons for settlement of
disputes and to make the villages of state as litigation free or atleast to bring litigation
in the village to bare minimum level. The disputes between the parties are settled with
the intervention of judges, lawyers, respectable persons of the village and social
workers.97
(c) Legal Aid Counsel Scheme:-The under mentioned three schemes are being
implemented by this Authority for providing free legal services98:—
95 Information as on 29-11-2010 taken from website-www.hslsa.nic.in belonging to Haryana State Legal Services Authority
96 Information as on 29-11-2010 taken from website-www.hslsa.nic.in belonging to Haryana State Legal Services Authority
97 Information as on 29-11-2010 taken from website-www.hslsa.nic.in belonging to Haryana State Legal Services Authority
98 Information as on 29-11-2010 taken from website-www.hslsa.nic.in belonging to Haryana State Legal Services Authority
118
(i) Legal Aid Counsel Scheme for remand hours:-This scheme has been
introduced for representation of indigent accused “during remand hours” in judicial
courts exercising magisterial powers. During such proceedings, the advocates on the
panel of the District Legal Services Authorities give legal assistance to the persons in
custody, for opposing remand applications, securing orders for bail and moving such
miscellaneous application on their behalf as may be required.
(ii) Legal Aid Cells in Jails:-Under this scheme, advocates on the panel of every
District Legal Services Authority visit the jails, once a week, for collecting
applications from inmates and helping them in the matter of drafting their appeals,
petitions etc., so that the jail inmates do not feel that they have no opportunity for the
redressal of their legal grievances.
(iii) Legal Representation to aided persons:-Representation under this category by
way of providing free legal service is of two types, one of which is to represent the
accused who is unable to engage a counsel on his own and the other representation is
by way of providing free legal service for filing or defending an “aided person” in
civil matters.
(d) Counseling and Conciliation Centres:- Counseling and Conciliation Centers
have been set up in all the district headquarters of Haryana with a view to provide a
forum to the parties to a dispute to air their views in an open and free atmosphere
without feeling constraints of legal trappings. If the mediation of such centres is
successful, the parties are referred to the Lok Adalat for recording their statements
whereupon an award is passed in terms of the settlement thus arrived at and which
award has as much value as a decree of a civil court and is final in as much as no
appeal lies to any court against such award.99
(e) Accreditation to Non-Governmental Organizations and Social Action
99 Section 21 of Legal Services Authorities Act, 1987119
Groups:-This Authority is keen to give accreditation to genuine Non-Governmental
Organizations and Social Action Groups working in the field of Legal Literacy/Legal
Awareness/Legal Aid Programmes/Para Legal Activities etc. Any organization or
group desiring accreditation with this Authority can apply by furnishing the requisite
information on the prescribe proforma. Non-Governmental Organizations/Social
Action Groups after due accreditation will also be eligible for being considered for
grant-in-aid from the National Legal Services Authority for which purpose they are
required to furnish the information on the prescribe proforma.
(f) Legal Literacy:- To provide Legal Literacy to the masses is the main objective of
HALSA. National Legal Literacy Mission was launched on 6.3.2005. To educate the
masses about Legal Literacy, HALSA got prepared one documentary film (Savera)
which has been telecast by Doordarshan Kendras of Chandigarh and Hissar. The plan
and programme of this mission is to visit all the remote areas in all the villages to
educate the people about their rights and their duties. During the year 2006-07, 6700
villages were covered by the mobile vans of Public Relations Department, Haryana
which shall show the documentary film in all the 6700 villages of Haryana. HALSA
is also organizing Legal Literacy Camps in the remote rural areas and urban slums
with the help of retired judicial/executive officers, social workers advocates, law
teachers, law students on regular basis on Sundays and holidays.
To provide printed material for Legal Literacy programme, HALSA got
published 12,000 books titled “Aap Aur Apka Kanoon” and sent the same to
Sarpanches of all the Gram Panchyats, Chairmen of Municipal Councils & President
of Municipal Councils of Haryana State. Another 3,000 books titled “Kahani Ki
Kahani Kanoon Ki Jubani” were also got published.
(g) Sensitization of Executive Officers:- To achieve the object of Legal Literacy
Mission and to involve the Executive Officers who come across with general public at
the first instance, a workshop on Legal Literacy was held on 5.3.2006 at Karnal. The
workshop was inaugurated by Hon'ble Mr. Justice Adarsh Kumar Goel, Judge, Punjab
and Haryana High Court and Executive Chairman of HALSA. All the Executive
120
Officers, Police Officers and Revenue Officers of Karnal District attended the said
workshop. A special Lok Adalat was organized at Assandh on 29.4.2006 and all the
participating officers were involved to get the disputes settled.
Tamil Nadu State Legal Services Authority
Tamil Nadu State is pioneer in promoting Legal Aid programmes in the country.
Based on Justice V.R. Krishna Iyer’s Report submitted to Government of India in
1973, the Government of Tamil Nadu appointed a one Man Commission headed by
Justice P. Ramakrishnan, Judge, High Court (Retd.) to examine the feasibility of
providing legal aid at the State’s cost. The Commission submitted its report in 1973.
After a prolonged correspondence, Memorandum of Association of the Tamil Nadu
State Legal Aid & Advice Board was published in the Tamil Nadu Government
Gazette extraordinary on 4.12.1976.100
After the formation of the Tamil Nadu State Legal Aid & Advice Board,
Chennai District Committee and other District Committees were formed on 24.8.1977
at the initial stage in the respective District Headquarters. The District Committees
were headed by the District Judges as Presidents of the respective Districts (Minutes
of the Executive Committee meeting dated 25.10.1977). The High Court Legal Aid
Centre, for dealing with cases exclusively for High Court matters, was constituted
with effect from 11.7.1983.101 Consequent to the notification of establishment of
Legal Services Authority for Tamil Nadu by various orders of Government, the Tamil
Nadu State Legal Aid and Advice Board was dissolved by a resolution passed in the
General Body of Tamil Nadu State Legal Aid & Advice Board held on 18.10.1997,
based on G.O.Ms.No. 622 Home (Cts.IV) dated 29.4.1997. By G.O.Ms.No. 1577
Home (Cts.IV) dated 29.10.1997, the newly constituted Tamil Nadu State Legal
Services Authority came to be functioning with effect from 1.11.1997.102 All the staff
100 Information as on 29-11-2010 taken from website www.tnlegalservices.tn.gov.in belonging to Tamil Nadu State Legal Services Authority
101 Information as on 29-11-2010 taken from website www.tnlegalservices.tn.gov.in belonging to Tamil Nadu State Legal Services Authority
102 Information as on 29-11-2010 taken from website www.tnlegalservices.tn.gov.in belonging to 121
members of the erstwhile Tamil Nadu State Legal Aid and Advice Board were
absorbed in the newly constituted Legal Services Authority. By notification of the
Tamil Nadu State Legal Services Authority dated 31.10.1997, all the District
Committees for Legal Aid & Advice, Taluk Committees for Legal Aid & Advice,
Legal Aid Centres were designated as District Legal Services Authorities, Taluk Legal
Services Committees. The Presidents of the respective committees were re-designated
as Chairmen of the respective District Authorities and Taluk Legal Services
Committees.103
Counseling steps taken by authority:- This authority started functioning in the
following levels in the state.104
(a) State Authority:- In the State Legal Services Authority three counseling sessions
are regularly conducted. Retired Judicial Officers preside over the counseling session
and deal with matters relating to civil disputes.
(b) District and Taluk levels:- All the 167 District level and Taluk level Authorities
have been provided with infrastructure required for Mediation and Counseling. On all
working days, a panel lawyer would sit in the office of the District Authority or the
Taluk Legal Services Committee as the case may be and take all efforts to settle
disputes through mediation and conciliation.
(c) Centres for Women:- Centres exclusively to deal with the issues concerning
women have been opened by the Authority all over Tamil Nadu and as on date, there
are 52 Centres for Women functioning. In the City of Chennai alone, three Centres for
Women are actively functioning. Women lawyers are posted regularly in those centres
to deal with the grievances of women compassionately.
Tamil Nadu State Legal Services Authority
103 Information as on 29-11-2010 taken from website www.tnlegalservices.tn.gov.in belonging to Tamil Nadu State Legal Services Authority
104 Information as on 29-11-2010 taken from website www.tnlegalservices.tn.gov.in belonging to Tamil Nadu State Legal Services Authority
122
(d) Mediation Centres in remote villages:- In order to further promote the concept
of mediation and conciliation, the State Authority has extended its infrastructure to
the remote villages also. Staff members along with panel lawyers are deputed during
week-ends to attend the Mediation Centre which is located either in the Panchayat
Board office or Block Development office in the village concerned. The applications
are received from the litigant public and, if possible, they are disposed off on the spot
and if immediate relief is not possible, the applications are brought to the nearest
Legal Aid committee and are being processed.
(e) Literacy camps:- Legal awareness is spread by conducting legal literacy camps
and legal aid clinics. Every District Authority and the Taluk Legal Services committee
is required to conduct monthly Legal Literacy camps. The District Authorities and
Taluk Committees, as a matter of fact, conduct more camps in their respective area of
operation out of their own interest. For creating awareness among the public, legal
literacy and awareness camps are being organized in the nook and corner of the
villages in the State of Tamil Nadu. Out of 18,603 villages in the State, the District
Legal Services Authorities and the Taluk Legal Services Committees have not only
covered the entire villages, but also started second round for the purpose of spreading
the legal awareness among the public.
(f) Legal literacy through Folk songs and Villupattu:- As part of the Legal
Literacy and awareness programme, Villuppattu, a traditional folk-lore of Tamil Nadu
performed by famous artist “Kalaimamani Subbu Arumugam” is exhibited through
electronic media from the year 2002. The melodious songs and educative Villupattu
played in the legal literacy camps attract large crowd. The public at large and the
advocates exhibit much interest in hearing them and they purchase the cassettes for
their personal use. Lyrics in the style of folk songs carrying the message of various
Laws, enactments and schemes on Lok Adalat sung by various famous playback
singers viz. Padmashri Yesudoss, Vani Jayaram, Unnikrishnan, Mahanadhi Shobana,
and Sirkali Siva Chidambaram were recorded and are being played at the venues
123
where legal literacy programmes are organized from the year 2003 onwards.
(g) Video and audio cassettes for publicity:-The video and audio CDs and cassettes
containing the substance of the various laws were prepared with the funds provided
by Neyveli Lignite Corporation, a Public Sector Undertaking, and the same were
released at Cuddalore for the first time on 2.8.2003 for public consumption and since
then are in continuous use.
(h) Release of booklets in vernacular language:-In order to enlighten the general
public, the basics of various beneficial enactments were prepared and published by
the State Legal Services Authority in book form.
The following booklets titled as “Legal Literacy and Awareness Series” were
published by the State Legal Services Authority:
Consumer Protection Act
Protection for Women under IPC
Protection for Women under various laws other than IPC
Rights of Arrested persons
Dissolution of Muslim Marriage Act
Hindu Marriage Act
Child Marriage Restraint Act
Protection of Civil Rights Act 1955
The Hindu Minority and Guardianship Act 1956
The Child Labour (prohibition and Regulation) Act 1986
The Guardian and Wards Act 1890
How to get compensation in Motor Accident cases?
Maintenance – Legal position
The constitution and activities of the Tamil Nadu State Legal Services
Authority
124
Benefits under various welfare schemes of Government – How to get them?
That apart, as part of legal literacy and awareness campaign, the Tamil Nadu State
Legal Services Authority has released a booklet in vernacular language under the
caption “SATTAPPANIGAL MUTHAL KAIYEDU in question-and-answer form.
(i) Film on Lok Adalat:-A short film on “Lok Adalat” highlighting the benefits of the
Lok Adalat has been produced and released by the Tamil Nadu State Legal Services
Authority on 1.3.2004. There is a greater demand for dubbing of the film in other
vernacular languages. On the request made by the Kerala State Legal Services
Authority, the Tamil Nadu State Legal Services Authority provided the Beta copy of
the film Lok Adalat for dubbing in their local language. The film is being screened in
almost all the functions of the Legal Services Authority as a prelude to the function.
The source of dispute, the psychological impact it created on the minds of the
disputants, the yearning for amicable solution sought for by the agriculturist, the ill-
intention of the other elite breed to elongate the dispute through the court of law, the
accidental meeting by the disputants with the District Authority personnel and the
efforts taken by him to conciliate the matter effectively and the solution provided by
the Legal Services Authority for the disputes, have been commendably picturized in
the film. In fact, the script and the screenplay were sculpted by the Patron-in-Chief of
Tamil Nadu State Legal Services Authority.
(j) Meet with the Press and Electronic Media:- As part of the legal literacy and
awareness camps, a meeting with Press and Electronic Media was arranged on
1.7.2004 and the benefits of conciliation and mediation of the disputes and settlement
of disputes through Lok Adalats, the importance of legal literacy and awareness
camps were brought to their notice. It was made clear that unless the Press and
Electronic media involve themselves in the process of inseminating the ideals of legal
125
services Authorities Act and the activities of the Authority, the poor, disadvantaged
and the marginalized sections of the society would take long to reap the benefits of
the beneficial legislation. A decision has also been taken in the meeting to organize a
one day Workshop in this regard.
(k) Documentary Film on “Anaivarukkum Samaneethi” “Access to Justice for
All”:- In order to further enlighten the people of the various beneficial enactments
passed by the Central and State Governments as well as the various programmes and
schemes implemented by the Tamil Nadu State Legal Services Authority, through
legal literacy and awareness, a 30 minutes documentary film “Access to Justice for
All” in English and “Anaivarukkum Samaneethi” in vernacular language was
produced and released by the Tamil Nadu State Legal Services Authority. The short
film is made available in the form of Compact Discs and was forwarded to all the
District Authorities and Taluk Committees with a direction to display the same while
conducting Lok Adalats and legal Literacy Camps.
(l) Pension Adalat:-Pension Adalat has started functioning in the premises of Tamil
Nadu State Legal Services Authority from 22.02.2002. A retired Judge of the High
Court shall be the presiding Judge of the Lok Adalat apart from one retired IAS
Officer and a women lawyer as members. The Pension Adalat sits two days in a
month and disposes off the disputes regularly.
(m) Prison Adalat:-It is pertinent to note that more than 50% of the population in jail
are under-trials. The first Prison Adalat was inaugurated on 15.8.2000 in Chennai
Central prison followed by Madurai, Trichy, Vellore Cuddalore and Salem. In Vellore,
there are two prisons, one for males and another for females, and for each of those
prisons, Prison Adalat is established. The functioning of Prison Adalats has reduced
not only the pendency of cases but also the prison population. Prison Adalats are held
by every Chief Metropolitan Magistrate or the Chief Judicial Magistrate or
Metropolitan Magistrate/ Judicial Magistrate in Central Jails on regular basis. The
126
cases of under-trial prisoners who are involved in petty offences punishable up to
three years are being disposed off through Prison Adalats.
(n) Functioning of legal aid clinic for HIV/AIDS At Namakkal:-The Tamil Nadu
State Legal Services Authority with the help of Tamil Nadu AIDS control Society and
the District Administration, Namakkal arranged to open a Legal Aid Clinic at
Namakkal. This Legal Aid Clinic is functioning in the Government Head Quarters
Hospital, Namakkal on every Wednesday between 2.00 P.M. and 4.00 P.M. and also
on every Saturday between 10.00 A.M. and 12.00 Noon. The Panel Lawyers from the
District Legal Services Authority, Namakkal are deputed to attend the said clinic to
offer legal advice. This Authority is proposed to open Legal Aid Clinic for the persons
living with HIV/aids in Dindigul and also in every District Head Quarters where there
is need.
From 1986 to 30-9-2010, total 48604 lok adalats were organized by the
authority and total 469529 cases of different nature were settled and sum of Rs.
20495600200.82 paisa was awarded.105
Karnataka State Legal Services Authority
This authority from April 1997 till November, 2008 organized 23653 lok adalats
and settled 454513 cases in which sum of Rs. 4083906788 was awarded towards
compensation in motor vehicle accident matters and sum of Rs. 1271137449 in land
acquisition cases. Besides this 7074 cases of pre-litigation stage were also settled
beside undertaking following activities.106
(a) As per the directions of National Legal Services Authority, New Delhi,
“National Legal Aid Week for Women” was organized by the Karnataka State Legal
Services Authority in co-ordination with Bangalore Urban & Rural District Legal
105 Information as on 29-11-2010 taken from website www.tnlegalservices.tn.gov.in belonging to Tamil Nadu State Legal Services Authority
106 Information as on 29-11-2010 taken from website www.kslsa.kar.nic.in belonging to Karnataka State Legal Services Authority
127
Services Authorities, Bangalore Advocates Association & Women & Child
Development Department, from 2nd March, 2005 to 9th March, 2005 in different
places by arranging lecture and cultural programmes. During this period a small book
titled as “Mahile Matthu Kaanoonu” was also published by the State Authority.
(b) A Bruhat Lok Adalat was held in the Hon'ble High Court relating to the cases
pending in High Court. 392 cases were settled in the said Lok Adalat. On same day
the book titled as “Kakshigaararige Kivi Maatu” published by the State Authority was
released.
(c) A book titled “Janasamanyarigagi Kanoonu Mahithi” published earlier in
Kannada by the State Authority was printed in Brail language also for the use of blind
and was released by Chief Justice cum Patron-in-Chief of the authority.
Seminars for Workmen’s Compensation Commissioners and Senior Labour
Inspectors to sensitize them about the various provisions of Workmen’s
Compensation Act and Child Welfare Legislations from 10-10-2005 to 16-10-2005
and a Legal Aid Week for the Mentally Disabled were organized.
Maharashtra State Legal Service Authority
In the year 1979, for implementing Legal Aid programme for providing the
Legal Aid Services to the weaker section of community in the state, "The
Maharashtra Legal Aid and Board" scheme was constituted vide Government of
Maharashtra Resolution No. DFS, 1076/ 976/(525)/-X, dated 14.02.1977. The above
scheme was well developed in the state and gives better advantage to the weaker
section peoples in the state. The government has sanctioned grants for its better
development in all people in Maharashtra. So many people of weaker section in the
community taken advantage of the said scheme. The said scheme is well developed in
various districts with the cooperation of judges, retired judges, advocates, social
workers and they have given full cooperation. The authority has organized number of
128
programmes for benefits of people, holding of lok adalats at district and Taluka and at
village levels in which social workers and other higher categories have given good
responses.107
Delhi Legal Services Authority
Delhi is the capital of India and has got a cosmopolitan character, a population
and polity which represent the entire length and breadth of India. Delhi has got
pockets of Punjabis, Maharashtrians, Dravidians, Purvanchalis, Biharis, Gujaratis,
Tamilians and hue and colour of almost all the states that form part of the federal
India. It is, therefore, quite natural that Delhi, being the Capital city, is the focus of all
attention and is required to showcase the best performance and the best efforts in
ameliorating the social inequalities between the haves and have-nots and Delhi Legal
Services Authority has to emerge as a role model for all State Legal Services
Authorities.
The Delhi Legal Services Authority has been constituted under the State Legal
Services Authorities Act, 1987 and prior to that, the core activities of the Delhi Legal
Services Authority were being conducted and operated through ‘Delhi Legal Aid and
Advice Board’ which was functioning in Room No. 1, Patiala House Courts, New
Delhi. Subsequently w.e.f. November, 1995, the Delhi Legal Services Authority was
constituted and it started functioning at Room No. 1, Patiala House Courts. Later on,
some of the activities of the said Authority were transferred to be performed from
Shaheed Bhagat Singh Place, Gole Market, New Delhi and in February, 2008, a new
Central Office of the Delhi Legal Services Authority started functioning from
Publication Building, Patiala House Courts, New Delhi. The Delhi Legal Services
Authority has also constituted a High Court Legal Services Committee and District
Legal Services Committees in all the court complexes in Delhi who are having full
time secretaries in order to fulfill the objectives of the Act.
As on 30-6-2009, total 148052 persons of all categories have been benefited
by Delhi Legal Services Authority by providing legal aid, advice, conciliation etc.
107 Information taken from website of Maharashtra State Legal Services Authority as on 29-11-2010129
Delhi Legal Services Authority also orgainsed 518 legal literacy camps in various
parts of the state. In Delhi till 30-6-2009 total 8451 Lok Adalats were held in which
total 280551 cases (pending and prelitigation matters) settled which includes 16672
Motor Accident Claim Tribunal cases. A sum of Rs. 2754435364 was awarded as
compensation in MACT cases. Out of the settled cases, 131668 cases were of
prelitigation stage whereas 135037 were of those categories which were pending in
different courts, tribunals etc.108
The Delhi Legal Services Authority has, apart from performing various duties
assigned to it under the Legal Services Authorities Act of providing legal aid and
spreading legal awareness etc. has undertaken certain bold initiatives and undertaken
certain pioneering projects in hand which were long overdue and which deserve a
certain mention herein. Some of the big achievements of Delhi Legal Services
Authority are discussed as under;109
(a) Mega Traffic Lok Adalat:- For the first time ever, the concept of Lok Adalat was
introduced to the Traffic Challans and first ever Mega Traffic Lok Adalat was
organized in Delhi on 8 and 9 September and secondly on 9 and 16 December, 2007
at all the District Court complexes in Delhi under the directions of Arrears Committee
of Supreme Court of India headed by Mr. Justice S. B. Sinha, Judge, Supreme Court
of India in order to reduce the huge pendency of Traffic Challans Cases as well as to
create awareness of the Traffic Rules. The third Mega Traffic Lok Adalat was held on
27 April, 2008 and 4 May 2008 at all the four court complexes i.e. Tis Hazari Court,
Patiala House Court, Karkardooma Court and Rohini Court Complexes and this
process is now continuing after some intervals.
Mega Traffic Lok Adalat on 8 and 9 September, 2007 in respect of
compoundable traffic offences and petty offences was organized at all court
complexes and courts of Special Metropolitan Magistrates. A total number of 42,567
108 Annual Report 2008-09 published by Supreme Court of India.
109 Information based upon the personal experience and knowledge being worked as Member Secretary, Delhi Legal Services Authority as well as taken from the website of the Authority and its record.
130
cases relating to compoundable traffic offences and petty offences under weight and
measurement at were disposed off and total compounding fee of Rs.58,21,890 was
realized. Mega Traffic Lok Adalat on 9 and 16 December, 2007 was organized at all
the four District Court Complexes. On 9.12.2007, total 12,887 traffic challans of
private vehicles were disposed off and on 16.12.2007, total 24,599 traffic challans of
private and commercial vehicles were disposed off. Total number of 38,316 cases
including 829 Cases under Negotiable Instruments Act were disposed off and
compounding fee of Rs. 30,44,925 was realized. Mega Traffic Lok Adalats have
disposed off 80,053 cases and realized compounding fee of Rs. 88, 66,415 till
December, 2007.
The first Mega Traffic Lok Adalats was a resounding success. Never before in
the history of Lok Adalat, the Legal Services Authorities has ventured into the areas
of Traffic Challans and organized Mega Traffic Lok Adalats. This concept was
developed for the first time and an institutionalized mechanism was subsequently
developed wherein Mega Traffic Lok Adalats were organized on 9 and 16 December,
2007 as well as on 27 of April and 18 of May, 2008 and so on. Needless to say that
these Mega Traffic Lok Adalats were also hugely successful and the response was
tremendous. These Mega Traffic Lok Adalats were deliberately organized on sundays
and holidays to facilitate the participation of maximum number of persons in the said
Lok Adalats so that people can come at their convenience and it was also facilitated
that a person can get his challans disposed off at any of the court complexes
irrespective of the area where he was residing.
(b) Plea Bargaining adalats in jail:- Taking its leadership role seriously, the Delhi
Legal Services Authority also achieved the unique distinction of holding of First Ever
Adalat in Tihar Jail on the recently introduced concept of Plea-Bargaining and first
ever such Adalat was held on 21st of July, 2007 and 310 cases were settled. An
informative booklet on Plea-Barganing was also released by Chief Guest Mr. Justice
Arijit Pasayat, Judge, Supreme Court of India.
Delhi Legal Services Authority had organized legal awareness programmes in
131
all the jails in Central Jail Tihar and Rohini Jail from 15 March, 2007 to 26 March,
2007. More than 200 under trial prisoners of each jail attended the said legal
awareness programme. Jail Visiting Advocates, Jail Superintendents and Welfare
Officers had also participated. Response of under trial prisoners was overwhelming
and encouraging and approximately 1200 under trial jail inmates had expressed their
willingness to avail the concession of the Plea Bargaining. Delhi prisons had
furnished the list and particulars of the cases of 1200 under trial jail inmates who
were lodged in the jail for committing offences punishable with imprisonment upto
seven years. The Authority prepared draft applications and affidavits and also
informative material on Plea Bargaining and thereafter workshops were organized in
each jail for preparation of the applications and affidavits of the willing and eligible
under trial jail inmates for the Special Adalats on Plea Bargaining. Pamphlets and
Handbills on Plea Bargaining containing information were also distributed among the
under trial jail inmates. As per record till November, 2007, total 722 cases in special
adalats were taken up out of which 544 were disposed off on plea bargaining ground.
(c) Daily lok adalats : The Delhi Legal Services Authority has also taken a lead in
holding Daily Lok Adalats since 18 of February, 2008 at Patiala House Courts, New
Delhi for the cases under section 138 of the Negotiable Instruments Act, Criminal
Compoundable cases, Motor Accident Claim Cases and Matrimonial Disputes i.e.
under sections 498A/406 IPC and 125 Cr.P.C. This step was taken with a view to
provide the forum of Lok Adalat to the people in need of the same on regular and
daily basis. The Delhi Legal Services Authority has also been organizing Lok Adalats
at the pre-litigative stage as well as pending court cases on Sundays at all the four
court complexes in Delhi.
(d) Lok Adalat for the settlement of Cognizable and Criminal Compoundable
Cases at pre-litigation stage: Delhi Legal Services Authority commenced Lok
Adalats on 29.07.2007 for the settlement of cognizable and compoundable Offences
at pre-litigation/pre-chargesheet stage at Patiala House Court Complex, New Delhi
132
under Alternate Complaint Resolution Exercise. Upto November, 2007, total 170
cases out of 457 cases taken up were disposed off. The same is also to be informed to
be immense help to the persons concerned and has received a very warmed response.
(e) Permanent Lok Adalats: The Delhi Legal Services Authority has also set up
Permanent Lok Adalats with respect to the electricity matters pertaining to the billing
problem/misusing problems/theft problem of the three electricity distribution
companies operating in Delhi namely BSES Yamuna, BSES Rajdhani and NDPL as
well as Delhi Development Authority. Besides that Lok Adalats are being organized
pertaining to MTNL, MCD and NDMC cases as and when required. These Lok
Adalats have got tremendous response from public and become extremely popular.
(f) Permanent Legal Services Clinic:- Keeping in mind the fact that doors of justice
should remain open to all even at odd hours, Delhi Legal Services Authority have also
made operational 24 x 7 Permanent Legal Services Clinic located in Central Delhi at
Shaheed Bhagat Singh Place, Gole Market, New Delhi which is a central location
convenient to all. This Clinic is manned by experienced and dedicated officers who
are retired bureaucrats, judges and eminent social personalities. They are available
round the clock on telephone helpline as well as personally and people can approach
the clinic in the same manner as they go to police station for redressing their
grievances. Delhi Legal Services Authority is providing solution to the legal problems
and queries raised by General Public through toll free telephone helpline. Trained
Officers, Social Workers and Panel Advocates of the Authority, listen to their problem
on phone give necessary guidance even on phone and thereby saves a time and money
of the poor persons.
(g) Mobile legal services clinic:- National Legal Literacy Mission launched by
National Legal Services Authority to empower the citizens with knowledge of their
rights and remedies available to them under the law and create a society based on the
foundations of political awareness, social equalities and women empowerment.
133
Consequently, Delhi Legal Services Authority started 'Mobile Legal Services Van'. It
visits various parts of Delhi like slum areas, unauthorized colonies, industrial areas,
college and schools to create legal literacy. Mobile Legal Services Van is manned by
an experienced, competent and public spirited counsellor of the Authority. Through
Mobile Legal Van, DLSA provides legal aid and counselling to the target class as well
as creates awareness of the Legal Rights and Remedies available to the beneficiaries
under the Law. It also distributes publicity material like pamphlets, handbills and
books prepared by the Authority on social and legal issues. The Delhi Legal Services
Authority has three vehicles engaged in the Mobile Legal Services. These Mobile
Legal Services vehicles regularly visit various police stations in Delhi and provide
immediate legal aid to victims of crimes apart from poor and ignorant people. It is
certain that there has been an overwhelming response to this new measure checking
complaints of violation of human rights and also complaints of police inaction.
(h) Sunday Lok Adalats:- Delhi Legal Services Authority is promoting Alternate
Dispute Resolution System so as to liquidate the mounting arrears of cases in the
Criminal Courts. At present, approximately more than 5 lakh cases under Section 138
Negotiable Instruments Act are pending before Courts of Metropolitan Magistrates in
Delhi. Sunday Lok Adalats have become a regular feature of the Delhi Legal Services
Authority. These Lok Adalats have become an eye opener and helped deciding large
number of cases never settled before. Delhi Legal Services Authority organizes Lok
Adalat for the settlement of cases relating to personal loan, credit cards etc. advanced
by private sector and govt. banks like ICICI, HDFC, Standard Chartered, ABN
AMRO, SBI etc. on every Sunday at pre litigation stage. It provides an opportunity to
the borrower to settle their liability with the bank by negotiation and thereby, it saves
time, energy and money of the people as well as potential litigation is settled at its
inception.
(i) Concilliation proceedings by Mahila Courts:-Delhi Legal Services Authority
has commenced conciliation proceedings by Mahila Courts in all the four District
134
Court Complexes. Lok Adalat for the settlement of cases pending in Mahila Courts
was first organized on 26.08.07 and thereafter, it is being organized twice a month in
all the District Court Complexes in Delhi. Statistical information relating to the
disposal of the cases by the Mahila Court is 156 cases out of 385 in 26 sittings.
(j) Mediation and Conciliation Centre at Rohini Court and Training
Programmes for Advocates:-Delhi Legal Services Authority has established a
Mediation and Conciliation Centre, Commenced Training of Advocates on Mediation
& Conciliation and concluded the 2nd Special Plea Bargaining Adalat on 1 October,
2007 at Rohini Court Complex, New Delhi.
(k) Inauguration of Legal Aid and Counselling Centre at Tihar Jail Court
Complex:- Delhi Legal Services Authority has established a Legal Aid and
Counselling Centre in Tihar Jail Courts Complex, Delhi Prison on 20 of July 2007 at
5:00 PM. The Legal Aid and Counselling Centre in Tihar Jail Court Complex was
Inaugurated by Mr. Justice Ashok Bhan, Judge, Supreme Court of India & then
Executive Chairman, National Legal Services Authority.
(l) Accreditation of NGO's and Collaboration with Governmental Organizations,
Bar Associations, Colleges, RWA etc.:-Delhi Legal Services Authority has
associated with more than 100 Non-Governmental Organizations as its strategic
partners, in implementing its legal aid Programmes. It has associated governmental
organizations like Directorate of Social Welfare, Delhi Police, New Delhi Municipal
Council, Delhi Health Services, Delhi Commission for Women, Department of
Labour etc., Bar Associations, Colleges, Schools, Resident Welfare Associations and
Market Associations in organizing legal literacy programmes on the contemporary
social and legal issues like Domestic Violence, Female Foeticide, Child Labour,
Tobacco Control Act, Women Empowerment etc.
“Access to Justice for all” is the motto of the Authority. The goal is to secure
justice to the weaker sections of the society, particularly to the poor, downtrodden,
135
socially backward, women, children and handicapped etc. Such steps are needed to be
taken to ensure that nobody is deprived of an opportunity to seek justice merely for
want of funds or lack of knowledge. To ensure this, the Authority organizes Legal
Literacy and Awareness Camps in different parts of NCT of Delhi.
The various important activities of the Delhi Legal Services Authority may be
summarized thus:—
1. To utilize the legal aid funds for legal aid programmes and to ensure quality
legal services to the beneficiaries.
2. To organize training and orientation courses to improve the advocacy skills of
Legal Services Advocates.
3. To promote Alternate Dispute Resolution Mechanism as the preferred mode of
dispute resolution.
4. To establish Mediation and Conciliation Centres at all the Court Complexes
and to impart training to Advocates and Judges in Tools and Techniques of
Mediation and Conciliation.
5. To popularize the Concept of Plea Bargaining by organizing workshops for
under trial Jail Inmates, Legal Services Advocates, Jail and Police Authorities.
6. To establish Legal Aid & Counselling Centre in Tihar Jail Court Complex as
well as different parts of National Capital Territory of Delhi covering the
entire length and breadth of Delhi city.
7. To associate Students of Law Universities, Colleges and Schools in Legal Aid
Activities and legal literacy programmes.
8. To promote legal literacy among people afflicted with poverty, ignorance and
illiteracy and to educate them about the rights and remedies available to them.
9. To eliminate social evils like Child Labour, Domestic Violence, Dowry and
Female Foeticide from the society by creating awareness about their social,
legal and cultural consequences and proposing recommendations for the
proper and effective implementation of legislations prohibiting such practices.
10. To associate, support and collaborate with Governmental and Non
Governmental Organizations in Legal Literacy programmes.
136
11. To provide training to the Para Legal Workers, Law Students and College
Students in the Legal Aid Activities and to achieve the objectives of National
Legal Literacy Mission launched by National Legal Services Authority.
The Delhi Legal Services Authority has realized that its role which was hitherto
confined to organizing Lok Adalats and legal aid programmes for the poor and
downtrodden sections of the society is not complete in itself and the Delhi Legal
Services Authority has ventured into a nascent area of ensuring the compliance of
various welfare measures and schemes as initiated and promoted by various statutory
and constitutional authorities for the benefit of the weaker sections of the society and
in this connection has embarked upon Social Legal Audit of such authorities and if
they are found wanting in their performance appraisal, to initiate appropriate
measures including filing of Social Justice Litigation/PIL in different Fora, with a
view to discharge its responsibility and perform the duties and tasks assigned to it
particularly by section 4(d) and 4(h) of the Legal Services Authorities Act, 1987 and
to achieve the objectives of the Act. The Delhi Legal Services Authority has also
taken in all seriousness its role as assigned under section 4(l) of the Legal Services
Authorities Act, 1987 and it has initiated appropriate measures for spreading legal
literacy and legal awareness amongst people and in particular, to educate weaker
sections of the society who deserves benefits and privileges by social welfare
legislations and other enactments as well as administrative programmes and
measures.
The Delhi Legal Services Authority has also been organizing various legal
awareness programmes from time to time to sensitize the public about their legal
rights as it believes in the theory that visibility is one of the most important facet of
an enforcer of the rights and it patronizes the dictum that ‘Justice should not only be
done but must also seem to be done’. The Authority recognizes that its presence at the
ground level and at the grass-roots is of substantial importance and the people for
whose benefit, various welfare measures and programmes have been initiated must
137
have a feeling that the Delhi Legal Services Authority is amongst them present
throughout and is not far away from them.
The Delhi Legal Services Authority believes in going to the people rather than
asking the people to come to it. In this connection, the Delhi Legal Services Authority
has chartered its programmes in such a fashion that it is able to celebrate all important
days of national importance like Women’s Day, Labour Day, World Anti-tobacco Day,
National Legal Services Day and other such events in partnership with Governmental
and Non-governmental Organizations amongst the people. In this connection, the
Authority has also been organizing Nukkad Nataks, street plays, skits etc to educate
and to generate public awareness on social and legal issues like Female Foeticide,
Child Labour, Domestic Violence against Women etc.
The Delhi Legal Services Authority has also released Documentary films
namely ‘Satyamev Jayate’ on legal aid and ‘Desh Ki Shaan Hai Beti’ on women issue.
A Radio programme was also presented on F.M. Rainbow for making general public
aware about their legal rights and laws passed for the eradication of social evils and
the Authority has been coming out with various informative booklets, pamphlets and
articles on contemporary social issues which are of utmost importance to the people
belonging to the weaker sections of the society and of women folk. The Authority has
been publishing a quarterly magazine titled ‘Nyaya Kiran’ which contains graphic
details about various activities of the Authority along with informative articles written
by legal luminaries and jurists on topics which are of special concern and interest to
the public at large particularly to people belonging to the weaker sections of the
society. The Authority has also been interacting with the students at various levels to
spread legal awareness amongst them and imbibe into them a culture of compliance
and adherence to the law and legal principles and in this connection, it organized a
Traffic Literacy Camp in association with Springdales School in the month of April,
2008 and a comprehensive programme to educate the public as well as children were
organized at Talkatora Indoor Stadium to educate the people about the traffic sense
and to make them law abiding.
The Delhi Legal Services Authority is an Authority with an attitude. It does not
138
believe in status-quoist mentality. It believes in the theory of creating new challenges,
achieving them and then again moving forward by creating further new challenges. It
does not wish to rest on past laurels and believes in moving forward even if at times it
may amount to moving against the currents but it carries itself forward having faith in
its philosophy and confidence in its ability and passion and zeal to serve the society.
Delhi is a centre of attraction being capital of country and even apex court is
working from here. Certain innovative ideas such as conducting of Mega Lok Adalats
of traffic challans, running of mobile van to create awareness, opening of mediation
cell under the aegis of Delhi Legal Services Authority, providing training to lawyers,
police officers, judges, mediators etc. have came in the minds of judges of higher
courts and they got it implemented effectively. Justice S.B. Sinha and Justice Arijit
Pasayat of Supreme Court, Justice T.S. Thakur and Justice Vijender Jain of Delhi
High Court took keen interest and brought Delhi Legal Services Authority to much
heights. The functioning and activities of Delhi Legal Services Authority on various
occasions were followed by other Legal Services Authorities. If the comparison of the
activities of Delhi Legal Services Authority is compared with other authorities, then it
can be said that the Delhi Legal Services Authority has done much work and
implemented the provisions of Legal Aid Act to its maximum and effective manner.
The record and data of Delhi Legal Services Authority can show that much progress
in implementing the provisions of Legal Aid Act has taken place only in last 5-6
years.
“Never forget that only dead fish swim with the stream”.
--Malcolm Muggeridges
Almost every country where judiciary has some say, provisions of providing
legal aid to needy and poor person has been made in one way or another but under
Indian system, the way in which it is recognised and established is found missing in
judicial systems of other countaries. In India, there is a statutory backup due to
enactment of Legal Aid Act to provide legal aid to needy, poor, eligible and certain
class of socities but in most of other countries, such availability of service depends
upon some societies or associations of lawyers etc.
139
140
CHAPTER 6
LEGAL AID SERVICES : CONTEMPORARY ISSUES AND
CHALLENGES
1. Responsibility of the Legal Services Authorities
The teeming millions of this country, particularly those who live below the
poverty line in villages, tribal, backward and far-flung areas, look towards the Legal
Services Authorities for help and support in resolving their legal problems. When
involved in litigation, they often feel that they are fighting an unequal battle in which
the party that has better financial resources can secure more able legal assistance and
so deprive them of equal justice. It is, therefore, the solemn duty of Legal Services
Authorities to ensure that the poor and downtrodden to whom it provide legal aid do
not remain under the impression that they are getting comparatively inferior legal
assistance. Till these are able to remove this impression from the minds of aided
persons, the constitutional promise to provide equal justice to all will remain a
promise on paper. Right to life as guaranteed under article 21 of the Constitution of
India, includes right to legal aid. Legal aid also embodied in the directive principle of
state as prescribe under article 39A of the constitution of India.
Article 22 of the Constitution and section 304 of the Criminal Procedure Code
prescribes the right of the accused to engage a lawyer of his choice to defend him in
the criminal cases.
Advocates Act also gives importance to the Legal Aid. Section 9A of Advocates
Act provides:—
(l) A Bar Council may constitute one or more legal aid committee each
of which shall consists of such member or members not extending
nine but not less then five as may be prescribed.
(2) The qualification, the method of the selections and terms of the
office of the Legal Aid committee shall be such as may be
prescribed.
141
Bar Council of India also provides rules/ethics for Advocate in providing Legal Aid.
Rule 46 of Part VI of Bar Council of India Rules states:—
Every Advocate shall in practice of the profession of law,
bear in mind that anyone genuinely in need of a lawyer is
entitled to legal assistance even though he cannot pay for
it fully or adequately and that within the limits of an
advocate's economic condition, free legal assistance to
the indigent and oppressed is one of the highest
obligation an advocate owes to the society.
Bar Council of India Rules also cautioned the advocates not to provide legal service
in charity to the undeserving persons. Rule 38 of Part VI of the Bar Council of India
Rules speaks:—'An advocate shall not accept a fee less then the fee taxable under the
rules when the client is able to pay the same.’
In order to fulfill the constitutional obligation, the Legal Service Authority Act,
1987 was enacted to provide free and competent legal services to the weaker section
of the society. The Act further meant to organize Lok Adalats to secure the operation
of the legal systems to promote justice on basis of equal opportunity.
This Act prescribes different legal service committees and also provides for
formation of legal aid fund at national level, state level and district level etc. Section
12 of the Legal Service Authority Act provides the criteria for entitlement to legal
services. To get legal services, the person filing or defending the case must be—
(i) a member of a Schedule Caste or a Schedule Tribe;
(ii) a victim of trafficking in human being or beggar as referred to in
Article 23 of the Constitution;
(iii) a women or a child;
(iv) a mentally ill or otherwise disabled person;
(v) a victim of mass disaster, ethnic violence, caste atrocity, flood,
drought, earthquake or industrial disaster; or
142
(vi) an industrial workman; or
(vii) a person in custody; or
(viii) a person having annual income less than rupees nine thousand or
such other higher amount as 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.
Supreme Court Legal Services Committee has taken a step for providing legal aid to
the poor at free of cost but legal aid for middle-income group at a reasonable cost.
According to this scheme person having income upto Rs. 10,000/- per month or
Rs.1,20,000/- per annum are entitled to legal aid. Under the Chairmanship of a sitting
judge of Supreme Court, a society was formed as Legal Aid Society For Middle
Income Group, where a panel of advocates on record is available. A person shall
engage a lawyer from among this panel and pay the prescribed lawyers fees as well as
court fee which is very reasonable, practical and self supported.
Mere fact that a person is not falling in the category of poor person on basis of
income criteria under section 12 of the Legal Aid Act and relevant rules framed under
it is not debarred to get his matter referred to Lok Adalat under section 20 of the Act.
The disentitlement of person to get free legal aid has no concern with taking up the
matter in the Lok Adalat.110
The status of women and children itself is sufficient to provide them legal aid
irrespective of their income and financial position. If such women and children
approaches the legal aid authority or committee then they must be provided such aid
without going through the question what is their financial position and whether they
can engage their own advocates or not or can bear the expenses of litigation or not.111
A woman being weaker section of the society is entitled to free legal aid.
110 Ahmed Pasha v. C. Gulnaz Jabeen AIR 2001 Karnataka 412
111 Amankumar Lalitbhai Parekh v. Pritiben Amankumar Parekh 2000 (2) F.J.C.C. 356 (Guj) 143
Where a woman approaches to court, first and foremost stand of the court to inform
her that she is entitled for free legal aid and where she prays for the same, court is
bound to expeditiously deal with the application and provide free legal aid to her or
send the application to appropriate authority. It is not only the duty of the court to
enforce law or protect the rights of the citizens but also to make them know of their
rights also. In this case directions were also given by the High Court that on the
notice/summon issued to the litigants eligible for free legal aid, it be mentioned in
visible form in regional language so that this category of litigants may know of this
right. This be put in the Notice or summons on the top and advocate appearing on
behalf of this category give declaration along with his vakalatnama on approach to
him he made known to this class of litigant that they are entitled for free legal aid.112
Where despite of having been made known of her or his this legal right under
the Legal Aid Act, the litigant of the category enumerated under Section 12 of the Act
does not desire to get the free legal service the Advocate concerned to mention and
bring it to the notice of the Court concerned in the form of formal declaration of his
own or of the litigant concerned to be enclosed to the petition, suit, application,
revision and appeal etc. as the case may be, which is presented in the Court. The
Court, on the first available opportunity to it to ascertain from the litigant concerned
whether he or she is desirous of taking the free legal services or not; where he or she
desires to get this benefits, he or she may be directed to approach the concerned Legal
Service Committee or the Authority. Where the litigant of this category as enumerated
under Section 12 of the Act is not desirous to avail of his/her this legal right, the court
may proceed in the matter. The court may have to record this fact in the
proceedings.113
Even if such eligible person entitled to free legal aid under section 12 of the
Legal Aid Act has filed a case through his/her own advocate, the court can exempt
such person to pay any requisite court fees.114
112 Ashok Kumar Kantilal Rathod v. Bhavanaben Ashokkumar Rathod 2001 (2) R.C.R.(Civil) 47 (Guj)
113 Surgeev v. Sushila Bai, AIR 2003 Rajasthan 149
114 Anar Devi v. Chandra Devi AIR 2005 Rajasthan 270144
Human resources are very vital for operation of legal aid. The skill and
competence of lawyers, judges and clerical staffs should be improved and updated.
More staffs should be provided to judges for legal aid activities including a permanent
Lok Adalat. Computers and other communication facilities should be provided for
smooth function of legal aid and required budgetary allocation is to be made.
All the persons involved in promoting legal aid need to co-ordinate properly.
The legal aid should not be a responsibility and monopoly of legal fraternity. The
corporate sector and NGO should participate in the activity of the legal aid with
dedication. Lethargic attitude and red-tapism should not be tolerated.
In Hussainara Khatoon (IV) v. Home Secretary115 the Supreme Court
emphasizes that free legal services is an inalienable element of reasonable, fair and
just procedure. Without it a person suffering form economic or other disabilities
would be denied justice.
Legal assistance to a poor or indigent accused under arrest and put in jeopardy
of his life and personal liberty is a constitutional imperative mandated not only by
article 39-A but also by articles 14 and 21 of Constitution of India. Legal Services
Authorities and Committees as well as lawyers must positively reach out to those
sections of humanity who are poor, illiterate and ignorant and who, when they are
placed in a crisis such as an accusation of crime and arrest or imprisonment, do not
know what is arrest or imprisonment, do not know what to do or where to go or to
whom to turn.116 Voluntary organizations and social action groups engaged in legal aid
programs must be encouraged and supported by the state.117
2. Accountability of other Authorities towards Legal Services Authorities
Legal Services Authority Act, 1987 constitutes the Legal Services Authorities to
provide free and competent legal service to the weaker sections of the society to
ensure that the opportunities for securing justice are not denied to any citizen by
115 (1980) 1 SCC 89 : AIR 1979 SC 1369.
116 Sheela Bharse v. State of Maharashtra AIR 1983 SC 378.
117 Central Legal Research v. State of Kerala, AIR1986 SC 1322.145
reason of economic and other disabilities. The expression legal service has been
defined in section 2 (c) to include rendering of any service in the conduct of any case
or any other legal proceedings before any court or other authority or tribunal and
giving advice on any legal matter. The definition is inclusive and does not
exhaustively enumerate what would constitute legal services.
The concept of Legal Services Authorities and their role in the context of
seeking accountability from the various public bodies performing social welfare
functions so as to make them more responsible and more sensitive to the needs of the
target groups of the various schemes is inbuilt in the conceptualization of the Legal
Services Authorities. The Preamble to the Legal Services Authorities Act provides as
under:-
An Act to constitute legal services authorities to provide free and
competent legal service to the weaker sections of the society to ensure
that opportunities for securing justice are not denied to any citizen by
reason of economic or other disabilities, and to organize Lok Adalats
to secure that the operation of the legal system promotes justice on a
basis of equal opportunity.
The bare perusal of the said preamble would reveal that one of the important
functions of the Legal Services Authorities is to ensure that opportunities for securing
justice are not denied to any citizens by reason of economic or other disabilities. If a
person remains financially poor or suffers from other disabilities he has already lost
the race before starting it and is severely impaired and handicapped in securing
justice for any of the ills and maladies being suffered by him. The preamble to the
Constitution of India also strives to secure to all it citizens, amongst other things,
justice social, economic and political.
Section 4 of the Act enumerates the functions of the Central Authority also
called the National Legal Services Authority established under section 3 thereof.
These functions, inter alia, include laying down policies and principles for making
legal services available under the provision of the Act and taking necessary steps by
146
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.
Section 4 (d) of the Legal Services Authorities Act, 1987 reads as hereunder—
4. Functions of the Central Authority---The Central Authority shall
perform all or any of the following functions, namely:—
(a) to (c)------
(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’.
The Central Authority is also required to take appropriate measures, for spreading
legal literacy and legal awareness among the people and to educate the weaker
sections of the society about their rights, benefits and privileges guaranteed by social
welfare and other legislations as well as “Administrative Programmes and Measures”.
It is also under obligation to undertake and promote research in the field of legal
services with special reference to the need for such services among the poor. It is
supposed to monitor the functions of the State Authorities, District Authorities, High
Court Legal Services Committees, Taluk Legal Services Committee and voluntary
social service institutions and organizations and issue general directions for the proper
implementation of the legal services programmes.
Similarly, the functioning of the State Authorities are enumerated in section 7 of
the Act, which includes a duty to give effect to the policies and directions of the
Central Authority and to perform such other functions as the State Authority may in
consultation with the Central Authority fix by Regulations.
The Central Government and State Governments, respectively in consultation
with the Chief Justice of the Supreme Court and respective High Courts, in exercise
of the powers conferred upon it under section 27 and 28 of the Act can frame Rules to
carry out the provisions of the Legal Services Authorities Act, 1987. Different State
147
Authorities including Delhi Legal Services Authorities have framed Legal Services
Authority Regulations in exercise of the powers conferred upon them by section 29A
of the Act read with section 2(ff) of the Act. These regulations inter-alia stipulate the
functions which the respective State Authorities have to discharge in addition to the
functions to be performed by them under section 7(1), (2) (a) to (d) of the Act.
Regulation 4 (2) of the Delhi Legal Services Authority Regulation, 2002 inter
alia provides that the State Authority may itself file PIL or may finance PIL before
appropriate courts in the state, if it is satisfied that such litigation is for the general
benefit of a large body or class of persons who cannot by themselves take recourse to
law due to penury, illiteracy or other similar reasons. Section 4 (2) of The Delhi Legal
Services Authority Regulation, 2002 reads as hereunder—
The State Authority may itself file Public Interest Litigation or may
finance Public Interest Litigation before appropriate courts in the State
if it is satisfied that such litigations are for the general benefit of a large
body or class of persons who cannot by themselves take recourse to law
due to penury, illiteracy or other similar reasons.
Similar provisions as above are contained in the Regulations framed by various other
States Authorities, which authorize the State Authority to file by itself or to finance
PIL for the benefit of the poorer sections of the society who on account of their
illiteracy or such other disabilities are unable to do so themselves.
The scheme of the Act and the Regulations thus make it clear that the functions
of the State Legal Services Authorities are not limited to framing and monitoring
legal aid programmes or to encourage and expedite settlement of disputes through
Legal Aid and Lok Adalats and to initiate Legal Literacy and Legal Awareness
programmes only. The role of the authority extends to taking steps by way of social
justice litigation with regard to the following:
i. Consumer Protection,
148
ii. Environmental Protection and
iii. Matters of special concern of the weaker sections of the society.
Section 4 (d) of the Act makes it clear that the social justice litigation with regard to
the above matters is one of the functions of the Central Authority. In the same spirit,
regulations framed by the State Authorities authorize them to file PIL for the general
benefit of the poorer and less fortunate sections of the society who are unable by
themselves to do so.
The State Authorities are by reason of section 7(1) of the Act duty bound to
inter alia give effect to the policies and directions of the Central Authority which
policy must necessarily be such as promotes the objectives underlying the Act and
facilitate the discharge of the functions entrusted to the Central Authority.
The experience of the past two decades has shown that the Authorities have
done commendable job in the field of providing legal aid to the deserving sections of
the society. Despite, the limited resources at their disposal, the Authorities have not
only facilitated the disposal of sizeable number of the cases at pre-litigative stage and
others pending before the courts, they have also taken pains to spread legal literacy
and legal awareness among the people so as to educate them about their rights,
benefits and privileges guaranteed by social welfare legislation and other enactments.
What however has remained by and large neglected is spreading awareness among
the weaker sections of the society about their rights flowing from ‘Administrative
Programmes and Measures’, which happens to be one of the areas of concerns of the
Central Authority.
Section 4(l) of the Act makes this abundantly clear; it reads:—
“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
149
guaranteed by social welfare legislations and other enactments as well
as administrative programmes and measures.”
There is thus no manner of doubt that in the light of the above specific provisions
contained in the legislation, the State Authorities cannot neglect their obligations in
the matter of spreading awareness among the people about their rights flowing from
legislative and administrative programmes and measures meant for the benefit of the
poorer sections.
Placed in juxtaposition, the obligation cast upon the Central Authority under
section 4(d) of the Act (supra) to take steps by way of social justice litigation with
regard to specific areas identified in the said provision makes it abundantly clear that
not only is awareness about the rights flowing from Administrative Programmes and
Measures an obligation but the said obligation is accompanied by a further and more
onerous obligation – the obligation to institute legal proceedings to secure social
justice for the poorer sections of the society particularly, with regard to “consumer
protection, environmental protection or any other matters of special concern to such
weaker sections.
Not many such social justice litigations have been instituted by the State
Authorities in this country. That is for the reason that the Authorities have remained
pre-occupied with the discharge of their obligation to provide legal aid to the
deserving sections of the society which is limited to providing free legal counsel to
the deserving litigants and holding Lok Adalats, establishing and running mediation,
counseling and conciliation centres and holding legal literacy programmes. Time has
however come when the Legal Services Authorities should widen the sphere of their
activities and make themselves more useful to the weaker sections for whose benefits
such Authorities have been established. It is in that regard important to remember that
not only is an awareness regarding the rights of the poorer sections flowing from
legislative administrative programmes and measures important but in the event of a
failure or neglect of such programmes by the functionary concerned, filing of a PIL
on behalf of the beneficiaries also forms an important part of the duty assigned to the
150
Authority.
Contrary to the common belief that the Act does not empower the State
Authorities to take remedial action wherever there is a failure on the part of the State
Authorities and other functionaries, the scheme of the Act specifically provides for an
effective mechanism and empowers the State Authorities to institute litigation to
ensure social justice by particular reference to the areas specified in section 4 (d) of
the Act. These areas, it is note worthy, covers not only consumer protection,
environmental protection but extends “to any other matter of special concern to the
weaker sections of the society” Social welfare schemes for the benefit of poorer
sections of the society which the Government of India and State Government have
formulated in plenty thus fall within the purview of scrutiny by the Legal Services
Authorities. The Authorities can look into the schemes, evaluate the efficacy of the
implementation and in case if comes to the conclusion that the authorities and the
functionary have not done what ought to be done for the benefit of the beneficiary of
such schemes, to institute PIL. This would ensure proper implementation of the
schemes.
The concept of accountability and the role of Legal Services Authorities in
seeking the performance appraisal from the various welfare bodies of the Government
and ensuring that the various welfare measures of the Government agencies reach
their target groups cannot be over-emphasized. In fact, the Act enjoins upon the Legal
Services Authorities the onerous responsibility to 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 thus a
duty has been cast upon the Legal Services Authorities to ensure that the interest of
the weaker sections of the society are safeguarded and protected especially in areas of
consumer protection, matters of environmental protection or of any other matter of
special concern to the weaker sections of the society.
The Phrase-‘Special concern to the weaker sections of the society’ is not to be
read as ‘ejusdem’ generis’ but has to be given the widest possible amplitude as per the
well-set rules of the interpretation since the Legal Services Authorities Act is a social
151
welfare legislation. The areas of the special concern to the weaker sections of the
society may include the educational facilities, availability of portable water/drinking
water, availability of medical facilities and medical aid as far as possible at the
doorsteps of the poor persons, employment opportunities to the persons belonging the
poorer sections of the society, availability of subsidized rations to the poor people and
persons below the poverty line, crime against women folk including incidence of
domestic violence and various other related subjects.
One may appreciate that once the right, power and locus standi of the Legal
Services Authorities to file social justice litigation as a representative body of the
weaker sections of the society is established and accepted, there is an inbuilt power to
seek accountability from various public bodies who are entrusted with the job of
providing various reliefs and to initiate the rehabilitation measures so as to safeguard
and ensure that the beneficiaries of various ameliorative schemes of the government
receive and secure the benefit which is intended for them. It may be noted that Late
Sh.Rajiv Gandhi, former Prime Minister of India has once remarked that out of the
relief of One Rupee sanctioned by the Government only Fifteen Paisa reaches the
poor who constitute the target group.
It may be further appreciated that the courts are already heavily over-burdened
and to file PILs for each and every thing before evaluating the pros and cons of each
welfare schemes and drawing a balance sheet of the performance of the public body
concerned so as to pinpoint the shortfall areas and to highlight the focus areas as well
which require added efforts and more emphatic work performance would not be
desirable nor expedient and efficacious.
What flows as a necessary corollary from the above is that the Legal Services
Authorities would be entitled to evaluate the working of the schemes and ask
questions from the concerned authorities, if an occasion to do so arises. It is here that
the Authorities have to perform a role of socio legal audit of the implementation of
such schemes. Such audit and the process of the evaluation would be not only in
keeping with the spirit of Act but would be absolutely essential to enable the
Authority to decide whether the failure, if any, deserves to be remedied by judicial
152
intervention of a competent court in a PIL to be filed by it.
The Legal Services Authority would therefore be acting within its powers and
rights if it seeks information from a public body entrusted with the responsibility of
safeguarding a public property as to what steps have been taken by the said public
body to safeguard a particular property and further the Legal Services Authority is
competent to ask for the reasons on account of shortfalls, if any, in the role of that
public authority in safeguarding public property. Further, the Legal Services Authority
can seek explanation from a public body which is entrusted with maintaining law and
order as to what steps have been taken by the public body concerned to prevent the
crime against women folk and what are the reasons for shortfalls in the performance
of that public body, if any in ensuring that security concerns of the women folk are
addressed and taken sufficient care off. There can be so many examples of the
schemes and projects which the Legal Services Authorities can take up and all matters
of special concern to the weaker sections of the society as well as various facets of
Consumer Protection Laws, Environment Protection Laws, crime against women
including domestic violence and social justice legislations would form part of it.
In India, the legal services programmes could employ a combination of the duty
solicitor and public defender models, along with the judicare model in seeking to
reach the large ‘unmet area’ in need of legal services. The experiences in other
countries where such a combination has been tried out can be usefully adapted to
Indian conditions.
Normally, government passes a lot of Social Welfare Legislation but no one
really cares to find out whether this social legislation is effective or not. This is
something which the other Authorities and organizations can do. Lawyers once they
acquire the Lawyering skills which help the poor, start minting money and become
different kind of lawyers. That is something also which should be done by the
organizations providing legal aid. Legal Aid Clinics also serve a very useful purpose
and most of the colleges in the country have got Legal Aid Clinics where the final
year students participate in Legal Aid Programmes under the guidance of their
teachers. We can take some students in confidence, get them to work up on the brief
153
and actually assist the lawyer in the work and in pleading his case. With these kind of
experiments, we can give them practical training apart from sensitizing them. Of
course, sensitizing is most important. Otherwise, once they grow to become lawyers
and start earning money they forget everything else. Of course, they must come to the
platforms, speak about legal aid. It is heard that many lawyers and judges do it. But
how many of them have done legal aid work, how many of them have actually argued
cases for the poor without charging any fees. It is very easy to sit on or stand on a
platform and speak on legal aid but what is required to be done is actual practice of
Legal Aid. That is something which will help the people. In fact, In Harvard Law
School there is very good Legal Aid Clinic and also in some other Universities in the
United States where students actually come and argue cases, of course under the
guidance of their teachers. But that is also something that can and should be
encouraged by our Bar Councils. Bar Councils must take up this programme in
consultation with and under the guidance of Legal Aid Authorities.
There should be some serious efforts by various bodies and departments to
inform the public of the existence of the legal services. Electronic Media should be
liberally used, aggressive campaigns need to be launched. Rather than wait for the
needy to approach Legal Services Authorities, efforts should be made by reputed
NGOs to identify people in need of free legal services.
Judicial Officers can take the responsibility of sensitizing the marginalized
sections of the society to schemes and programmes launched by the legal Services
Authorities from time to time during the course of even discharging judicial
functions.
The legal awareness can be spread through distributing pamphlets, conducting
street plays, making of documentary films, which can be showed on the television
and lectures in the legal aid camps especially in the rural areas. Non Governmental
Organizations can also contribute and play an effective role towards the spread of
legal literacy.
The student lawyers should be involved in the programme of spreading
awareness about the Legal Services Authorities Act in both urban and rural areas. It
154
will not only be an invaluable help to the movement but the students themselves will
be immensely benefited by their direct exposure to the glaring injustice existing in the
so called modern society.
3. Role of NGOs
Keeping in view the nature and magnitude of the problems in the social welfare
sector, NGOs have been involved in the implementation of various Legal Aid
Programmes as such NGOs normally came into contact of poor people in the remote
area directly and understand their basic problems. Their role as motivators/facilitators
which enables the community to chalk out an effective strategy for tackling social
problems need to be further strengthened.
It would, therefore, follow that the Legal Services Authorities cannot sit as a
mute spectator and see plight of the down-trodden and weaker sections of the society
with their nexalites with a sense of bewilderment and feeling helpless to do anything
to improve upon their living conditions and overall standard of life and see the
continuous erosion in the value system of the entire polity and the obliteration of a
social justice mechanism. The Legal Services Authorities have to come out of their
ivory towers and work proactively to safeguard the interest of have-nots regarding
which they have been made the sole repository by the Legal Services Authorities Act
and to bridge the ever widening gulf between the haves and the have-nots. The Legal
Services Authorities beside being a part of the government must have the temerity to
ask the questions from the non-performing departments of the government even if it
annoys the government as it would obviously do, and further if the answers to the
questions are unsatisfactory, do not even hesitate to file the litigations before the
appropriate forum for the vindication of the rights of the weaker sections and people
belonging to lower strata of society regarding which the Legal Services Authorities
have been made the custodians.
One of the reasons which reduce the credibility of the judiciary in the minds of
the people is that justice is delayed to an intolerable extent. Delayed decisions, piled
up files and indefinitely extending projects are the real roadblocks to development of
155
any state or nation. Generally, delayed decisions take its maximum toll from the
under privileged and poor section of our society, who are always treated as animals.
They are often denied of their bare amenities of life. Delayed justice system is also
one of the reasons which facilitate government policies to be prolonged and stretched
and cause more and more harms to public at large. There are number of reasons for
delay in justice in India. Some of main reasons are—(i) Increase in litigation--people
now a days are in the habit of dragging their point of grievances to the court of law,
which rather can be solved outside the purview of the court. (ii) Non-adherence with
the code properly by the judges and the lawyers both add to same cause in a greater
extent. (iii) Non-equipment of judicial system with actual number of judges and
infrastructure as required and (iv) inflexible attitude and non-term of government for
contributing maximum to the backlog.
As on 30-6-2009, there were total 52592 cases were pending disposal
before Supreme Court and 4017956 cases were pending before different High Courts
in India. The number of cases before subordinate courts in all over India was
27110092 which were awaiting logical conclusion.118
While it can be understood that delay may occur in the civil cases but the
same is not expected in the criminal proceedings. If we compare these two on the
basis of its disposal then it is very much advent that criminal justice system is at its
worst and this position leads to a situation where the common man had lost its
complete trust on the efficacy of the criminal redressal system.
As on 31-12-2008 total 2631399 cases under section 138 of N.I. Act were
pending in different courts in India whereas on 1-1-2008, the pendency was 2207273.
During the whole year from 1-1-2008 to 31-12-2008, fresh cases instituted were
1373575 whereas disposal was 949449. This statistics showing the comparison of
disposal and pendency of cases reveal the actual state of justice in India today.119
On an average 50 lakh crimes are registered every year, which are sought to be
investigated by the police. The pendency of criminal cases in subordinate courts was 118 Annual Report 2008-09 of Supreme Court of India
119 Annual Report 2008-09 of Supreme Court of India
156
1.94 crores as on 30-6-2009 whereas 76 lakhs civil cases were pending on that day.
Out of total sanctioned strength of subordinate court judges at 16946, there were 2783
vacancies existing on 30-6-2009. On an average 19 percent of the pending cases are
disposed of every year.120
A decade of waiting is not much time in deciding a case in India. It is equally
applicable to civil and criminal trials. The legal process in India is always protracted,
with parties being made to spend an unlimited amount of money and to run from one
place to another in pursuing their claims in court. There are numerous reasons for this
protracted process, which in fact could be eliminated by conscious efforts.
In civil cases one such delay is primarily caused by technical snags and delaying
tactics by the lawyers. The attitude of the judges once the case has finally been heard,
resulting in the reservation of any open pronouncement of the judgment for years are
another contributing factor.
In criminal cases the delay starts from the very inability and often refusal of the
investigating agency to submit a charge sheet in court in time after the proper
completion of an investigation. Even if the charge sheet is submitted, the prosecutors'
office also plays a role in delaying the process. Often many courts do not have
sufficient prosecutors to represent cases as and when they are taken up. In a local
Magistrate Court in Wadakkanchery, Kerala State for instance, prosecutions were
stalled for years due to the fact that the only prosecutor available was on deputation
from another court and only when this officer had enough spare time, he would turn
up at the Wadakkanchery court. By the end of one year the number of criminal cases
pending disposal before the court becomes so large that it will take several years to
clear off these cases as every year the number accumulates to the existing backlog. It
is shocking to note that when the backlog of cases increases, judges connive with
police officers and force people to plead guilty on charges so that cases can be
summarily tried and finished.
Another element causing delay in proceedings is the lack of infrastructure to
deal with evidence. The police officials in India are neither trained to gather evidence 120 Annual Report 2008-09 of Supreme Court of India
157
scientifically nor understand the importance of forensic evidence. It is common for
material objects to be wrapped in newspapers and bound by jute threads and then
produced in court. The safety of the contents depends upon the quality of newsprint.
Given the climatic conditions in India, this evidence can be easily damaged within a
few months, which is often well before any preliminary hearing is heard.
In cases where there is a need for forensic examination, the situation is even
worse. The objects requiring forensic examination will be detained at the central or
state forensic lab for anywhere up to 15 years. This reflects upon the facilities
provided for these labs and also the work habits of the forensic technicians. The
evidence held at such labs is also prone to manipulation or destruction as
demonstrated in the state of Kerala, where an 'accidental' explosion destroyed several
pieces of evidence pending examination. The handling of human remains and dead
bodies is equally bad. In cases where there is a requirement of finger print
examination or handwriting examination, the minimum period required for the result
to be sent back to the referral court from the forensic lab is ten years, only to the
benefit of 'government recognized' private experts.
These technical hindrances that cause delay in court proceedings furthermore
affect the quality of evidence given by witnesses. When a witness is required to
testify for an incident, he saw a decade earlier and his recollection of events will often
be tempered with by time. This may affect the quality of his testimony, as well as the
entire trial. Evidence can also be affected due to the lack of witness protection
provided to those willing to testify. More susceptible to threats and intimidation, the
longer a case is drawn out and witnesses may alter their evidence out of fear or even
withdraw from the case.
The lack of basic infrastructure within the entire justice system is another
crucial issue that causes delays and inefficiency. When a prosecutor's office wants to
communicate with a particular police station, there is no mechanism available other
than the initiative of the prosecutor to spend from his own pocket or to make the
interested party pay for this communication, if the entire proceedings are not to be
stalled. This lack of basic infrastructure not only results in the delay of proceedings
158
but is also a root cause for corruption.
Even the Supreme Court of India - the highest court in the country - is immune
to delays. Its much acclaimed judgment in the D.K. Basu’s121 case in 1996, known for
its directives aimed to prevent custodial torture, took ten years to be reached. If a
judgment takes this long in the Supreme Court, what can be expected from courts of
lesser authority?
In 124 Law Commission Report published in the year 1987, a need was shown
to raise the strength of judges by five times to the existing strength.122 According to
statistics, acknowledged by the former Chief Justice of India, Justice Bharucha, the
Judge population ratio is 12-13 judges per million. On 10 April, 2004 there were 163
vacancies at various High Courts throughout India. A study conducted by the Ministry
of Finance reveals that at the current rate it will take 324 years to dispose of the
backlogs of cases in Indian courts. The Law Commission of India in its 189 th report
published in February, 2004 acknowledged that over two million cases are pending in
about 13,000 district subordinate courts. About two-thirds of these are criminal cases,
while about a million are Sessions cases which involve heinous offences such as
murder, rape, dacoity. About 30 per cent of the Sessions cases have been pending for
three years or more.
The denial of justice through delay is the biggest mockery of law, but in India it is not limited to mere mockery; the delay in fact kills the purpose of the entire justice dispensation system of the country. This has led to people settling scores on their
own, resulting in a growing number of criminal syndicates in the country and
reflecting the loss of people's confidence in the rule of law.
4) Role of Judiciary and Legal Services Authorities in developing Conciliatory
Forum.
The object of developing Conciliatory Forums is to have adequate methods of
arriving at conciliation in matter and to avoid protracted litigation in courts. Litigation 121 AIR 1997 SC 610: 1997 AIR SCW 233: 1996 (10 ) Suppl. SCR 284, (1997) 1 SCC 416, (1996) 9 SCALE 298 , 1997 (1) JT 1
122 Annual Report 2008-09 of Supreme Court of India
159
in common parlance is the mode of settlement of a dispute arising between two
parties where one of the parties seeks to redress its grievances against another party
through the forum of the courts. The Black’s Law Dictionary defines ‘litigation’ as
the process of carrying on a law suit or a law suit itself, while a ‘litigant’ is defined as
a party to a law suit. Thus, litigation is a matter in court where the party seeks to
resolve the differences/disputes with the other party.
However, it is well known that in most of the developed countries litigation is
the last resort. In the Western countries approximately 6 to 10 per cent of the disputes
go to litigation for trial in a court of law. Why does this happen? It is because parties
try and adopt different methods of settling disputes outside the court and these
methods are commonly known as ‘alternate dispute resolution’, such as arbitration,
mediation, conciliation, settlement, etc.
The word ‘Conciliation’ is derived from the Latin word ‘Concilium’ which
means ‘council’. In the olden days, the disputes used to be resolved in that manner. In
the modern world as per layman’s definition, conciliation is a manner of bringing the
parties to a table to sit down and try and revolve the disputes and differences between
each other and arrive at a settlement without going to the court. This can take place in
a manner by negotiation or by understanding each other’s problems and neutral
person is appointed who meets with the parties and tries to mediate or make them
realize the actual and factual realities between the parties at such sittings to resolve
their disputes.
The Indian courts are clogged with more then three crore cases and thus ways
and means to decrease it, there are adequate alternative method for the resolution of
the dispute available. Legal Services Authorities in all the States have been made with
the purpose of giving advice also on any legal matter. Section 2 (c) of The Legal
Services Authorities Act, 1987 defines ‘legal service’ as:
Includes the rendering of any services in the conduct of any case or
other legal proceedings before any court or other authority or tribunal
160
and the giving of advice on any legal matter.
There should be a panel of professional conciliators on a full-time basis to be
available for the purpose of resolving the disputes and differences between parties by
settling the disputes by using mediation and conciliation proceedings. Just as all the
Legal Services Authorities have panels of advocates and senior advocates to conduct
cases on behalf of the litigants in courts providing free legal aid; similarly each of the
Legal Services Committees at the Taluk level, at the District level as also at the High
Court and Supreme Court levels, should prepare panels of such fill-time conciliators
who are available for the resolution of disputes without going to court. This can be
easily done within the purview of Legal Services Authorities Act, 1987 especially in
the light of section 25 which specifically provides that the provisions of the Act shall
have an overriding effect, notwithstanding anything inconsistent contained in any
other law for the time being in force.
Since all the Legal Services Authorities, whether at the National level or at the
State level or at the District level are manned by high judicial functionaries, the very
fact that they would take active part and interest in the development of conciliatory
forums would show the role of judiciary itself. Further, the role of the judiciary in
developing legal aid and access to justice for all is very well apparent from the
various decisions of the Supreme Court.
161
In the case of Centre for Legal Research v. State of Kerala 123 Chief Justice P.N.
Bhagwati had answered the question as to whether voluntary organization or social
action groups engaged in the legal aid programme should be supported by the state
government and, if so, to what extent and under what conditions. The Chief Justice
said that there should not be any doubt that if the legal aid programmes are to
succeed, it must involve public participation. But he had no doubt that despite the
sense of social commitment which animates many of our officers in the
administration of justice, no legal aid programme could succeed in reaching the
people if its operation remains confined in the hands of the Administration, because
he felt that it is the social entitlement of the people and those in need of legal
assistance could not be looked upon as mere beneficiaries of the legal aid programme
but they should be regarded as participants in it. It was felt by the Chief Justice that in
order to secure people’s participation involvement in the legal aid programme, the
best way of securing it is to operate through voluntary organizations and social action
groups and that such groups must be encouraged and supported for operating the legal
aid programmes as such programmes were needed for the purpose of reaching social
justice to the people. In this case, Chief Justice laid down the norms which would
provide sufficient guidance to the states to implement the legal aid for access to
justice for all.
In the case of Bajiban Salambhai Chauhan v. Uttar Pradesh State Road
Transport Corporation124, the Supreme Court on finding that the petitioners were very
poor and were not in a position to prosecute their claim arising out of motor accident
on account of their extreme poverty, held that such persons should not be left without
any remedy and should be provided legal aid.
Further, in Kishore Chand v. State of Himachal Pradesh,125 the Supreme Court
held that through heinous crimes are committed under great secrecy and investigation
123 AIR 1986 SC 2195.
124 1990 (33) SCC 769
125 AIR 1990 SC 2140.
162
of a crime is a difficult and tedious task but at the same time the liberty of a citizen is
a precious one guaranteed by Article 3 of the Universal Declaration of Human Rights
and also Article 21 of the Constitution of India. The accused had the Fundamental
Right to defend himself under Article 10 of the Universal Declaration of Human
Rights and right to defence included right to effective and meaningful defence and
such meaningful defence is a facet of fair procedure and an inbuilt right to life and
liberty envisaged under Article 21, thus holding that legal aid must be treated as part
of the right created under Article 21.
In Supreme Court Legal Aid Committees v. Union of India126, a three Judges
Bench of the Supreme Court having found that the rules under section 28 of the Legal
Services Authorities Act, 1987 had not been framed by many states nor regulations
framed under section 29 as a result of which High Court Legal Services Committees
could not be constituted, directed after finding that despite a lapse of more than two
years since the coming into force of the Act on 9.11.1995, the states which had not
framed the rules should do so within two months of the order and also directed
thereafter to take steps to constitute the various committees as contemplated by the
Act. If adequate Conciliatory Forums would be developed, it would go a long way in
easing the burden on the courts while, at the same time, easing the burden on the
pocket of the litigants.
5) Judicial Hunch
Just like the rationale behind providing legal aid has undergone a sea-change,
from it being more of a charitable, non-enforceable obligation to one being provided
at the State’s expense, there has been a tremendous response from the judiciary as far
as interpreting the right to legal aid in consonance with the right to life is concerned.
After the landmark decision in Maneka Gandhi v. Union of India,127 major
developments were made in the development of the right to life jurisprudence under
article 21 of the Constitution. The linkage between article 21 and the right to free
126 1998 (5) SCC 762 : 1998 (2) SCALE 79
127 (1978) 1 SCC 248 : (1978) 2 SCR 621 : AIR 1978 SC 597.
163
legal aid was discussed in detail in the decision given by Supreme Court in
Hussainara Khatoon v. State of Bihar,128 where the court was shocked by the plight of
thousands of under-trials languishing in the jails in Bihar for years without ever being
represented by a lawyer. The Court declared that “there can be no doubt that speedy
trial, and by speedy trial, we mean reasonably expeditious trial, is an integral and
essential part of the fundamental right to life and liberty enshrined in Article 21.” The
Court pointed out that article 39A emphasized that free legal service was an
inalienable element of ‘reasonable, fair and just’ procedure and that the right to free
legal services was implicit in the guarantee of article 21 for a person accused of an
offence. This was a case where it was found by Justice P.N. Bhagwati and Justice
D.A. Desai that many under-trial prisoners in different jails in the State of Bihar had
been in jail for period longer than the maximum terms for which they would have
been sentenced, if convicted, and that their retention in jails was totally unjustified
and in violation of the fundamental rights of personal liberty under article 21 of the
Constitution. While disclosing shocking state of affairs and callousness of our legal
and judicial system causing enormous misery and sufferings to the poor and illiterate
citizens resulting into totally unjustified deprivation of personal liberty, Justice P.N.
Bhagwati (as he then was), made following observations in para 6 of the judgment,
which are thought provoking:—
This unfortunate situation cries aloud for introduction of
an adequate and comprehensive legal service
programmes, but so far, these cries do not seem to have
evoked any response. We do not think it is possible to
reach the benefits of the legal process to the poor to
protect them against injustice and to secure to them their
constitutional and statutory rights unless there is a nation-
wide legal service programme to provide free legal
services to them.
Two years thereafter, Justice P.N. Bhagwati while referring to the Supreme
128 (1980) 1 SCC 89 : AIR 1979 SC 1369.164
Court’s mandate in the aforesaid Hossainara Khatun’s case, has commented
that it is unfortunate that though this Court declared the right to legal aid as a
fundamental right of an accused person by a process of judicial construction
of article 21, most of the states in the country have not taken note of this
decision and provided free legal services to a person accused of an offence.
The State is under a constitutional mandate to provide free legal aid to an
accused person who is unable to secure legal services on account of indigence
and whatever is necessary for this purpose has to be done by the state. The
State may have its financial constraints and its priorities in expenditure but the
law does not permit any government to deprive its citizens of constitutional
rights on the plea of poverty.129
In 1986, in another case of Sukhdas v. Union Territory of Arunachal
Pradesh,130 Justice P.N. Bhagwati, once again, while referring to the earlier decision
of Hossainara Khatun’s case and some other cases had made the following
observations in para 6 of the said judgment:—
Now it is common knowledge that about 70% of the
people living in rural areas are illiterate and even more
than that percentage of the people are not aware of the
rights conferred upon them by law. Even literate people do
not know what are their rights and entitlements under the
law. It is this absence of legal awareness which is
responsible for the deception, exploitation and deprivation
of rights and benefits from which the poor suffer in this
land. Their legal needs always stand to become crisis
oriented because their ignorance prevents them from
anticipating legal troubles and approaching a lawyer for
consultation and advise in time and their poverty magnifies
129 Khatri v. State of Bihar, AIR 1981 S.C 926.
130 AIR 1986 SC 991.165
the impact of the legal troubles and difficulties when they
come. Moreover, because of their ignorance and illiteracy,
they cannot become self-reliant; they cannot even help
themselves. The Law ceases to be their protector because
they do not know that they are entitled to the protection of
the law and they can avail of the legal service programmes
for putting an end to their exploitation and winning their
rights. The result is that poverty becomes with them a
condition of total helplessness. This miserable condition in
which the poor find themselves can be alleviated to some
extent by creating legal awareness amongst the poor. That
is why it has always been recognized as one of the
principal items of the programme of the legal aid
movement in the country to promote legal literacy. It
would be in these circumstances made a mockery of legal
aid if it were to be left to a poor, ignorant and illiterate
accused to ask for free legal service, legal aid would
become merely a paper promise and it would fail of its
purpose.
This part of the narration would be incomplete without referring to the other astute
architect of human rights jurisprudence. Justice Krishna Iyer in M.H. Hoskot v. State
of Maharashtra,131 declared that if a prisoner sentenced to imprisonment is virtually
unable to exercise his constitutional and statutory right of appeal inclusive of special
leave to appeal to the Supreme Court for want of legal assistance, there is implicit in
the Court under Article 142 read with Articles 21 and 39A of the Constitution, power
to assign counsel for such imprisoned individual 'for doing complete justice.
The rule of law is a basic structure of Constitution of India. Every individual is
guaranteed with the right of life and personal liberty which is given to him under the 131 AIR 1978 SC 1548.
166
constitution. No one should be condemned unheard. In absence of legal aid, trial is
vitiated.132
The present Legal Services Authorities Act though was legislated in the year
1987 but came into force with effect in the year 1995. State level and district level
authorities are giving legal aid to the lakhs of poor people all over the country.
However there is a second aspect of the Act which mandate to constitute Lok Adalats
for an out-of-court conciliation and settlement of legal disputes.
Delhi High Court has given a landmark decision highlighting the significance of
Lok Adalat movement which has far reaching ramifications. In Abdul Hasan and
National Legal Services Authority v. Delhi Vidyut Board,133 the petitioner filed a writ
petition before Delhi High Court for restoration of electricity at his premises, which
was disconnected by the Delhi Vidyut Board (DVB) on account of non-payment of
Bill. Court during hearing of the matter found that the grievances of the citizens are
not only confined to the DVB but also directed against other state agencies like DDA,
Municipal Corporation, MTNL, GIC and other bodies, Court notices were directed to
be issued to NALSA and Delhi State Legal Service Authority. Justice Anil Dev Singh
passed the order giving directions for setting up of permanent Lok Adalats. The
scholarly observations of Judge given in this case deserve special commendations and
are worthy of note. It will be profitable to reproduce the important text and abstract
from this judgment, which should be an eye opener. It should also steer the
conscience of all, as there is an increasing need to make Lok Adalat movement a
permanent feature:
Article 39A of the Constitution of India provides for equal
justice and free legal aid. It is, therefore, clear that the
State has been ordained to secure a legal system, which
promotes justice on the basis of equal opportunity. The
language of Article 39A is couched in mandatory terms.
This is made more than clear by the use of the twice-
132 Indira Gandhi v. Raj Narain, 1975 AIR 1590: (1975) 2 SCC 159.
133 AIR 1999 Del 88: 1999 (77) DLT 640: 1999(2) AD (Del) 105: 1999 (2) RCR (Civil) 291 167
occurring word "shall" in Article 39A. It is emphasized
that the legal system should be able to deliver justice
expeditiously on the basis of equal opportunity and
provide free legal aid to secure that opportunities for
securing justice are not denied to any citizens by reasons
of economic or other disabilities. It was in this context that
the Parliament enacted the Legal Services Authority Act
1987.
The need of the hour is frantically beckoning for
setting up Lok Adalats on permanent and continuous basis.
What we do today will shape our tomorrow. Lok Adalat is
between an ever burdened court system crushing the choice
under its own weight and alternative dispute resolution
machinery including an inexpensive and quick dispensation
of justice. The Lok Adalat and alternative dispute
resolution experiment must succeed otherwise the
consequence for an over burdened court system would be
disastrous. The system needs to inhale the life giving
oxygen of justice through the note.
If we closely scrutinize the contents of the decision of Delhi High Court, there has
been an alarming situation of docket-explosion and the ultimately remedy is the
disposal of cases through the mechanism of Lok Adalat.
6) Lok Adalat and its statutory recognition
The introduction of Lok Adalats added a new chapter to the justice dispensation
system of this country and succeeded in providing a supplementary forum to the
litigants for conciliatory settlement of their disputes and access to justice was made
less formal and easy. At the same time, the court exhorted the central and state
governments to introduce a comprehensive legal service programme in the country.
168
In 1987, National Legal Services Authority (NALSA) was enacted to give a
statutory base to legal aid programmes throughout the country in a uniform pattern.
This Act was finally enforced on 9 November, 1995 after certain amendments
introduced therein by the Amendment Act of 1994. Under the Legal Services
Authorities Act, there is a Central Authority. The Chief Justice of India is the Patron–
in–chief of the Authority and a judge of the Supreme Court of India is its executive
chairman. Likewise, in every state of the country, there is a Legal Services Authority
with the Chief Justice of the state High Court as its Patron–in–chief and a judge of the
High Court as Executive Chairman. The Central Authority as well as the State
Authorities are all autonomous bodies and only judiciary manages the same.
Provisions under the Act deal with matters like legal aid, legal literacy and legal
awareness besides holding of Lok Adalats or "People’s Courts". These "courts" are
normally presided over by retired or sitting judicial officers and other persons such
like social workers etc. as per section 19 of the Act. Cases referred to the Lok Adalats
either from the traditional courts by agreement of the parties or directly under order of
the presiding officer where he deem it proper. The cases, which have so far been dealt
with by these Lok Adalats are cases involving matrimonial disputes, rent matters,
motor accident claim cases, land acquisitions matter, bank recovery cases, criminal
compoundable cases etc. The advantage of Lok Adalats is that lawyers need not be
engaged and the cases are mostly decided on mutual agreement. The award of the Lok
Adalats has the force of decree of a court as per section 21 of the Act because it
brings the litigation to an end and no appeal against the award of Lok Adalats lies.
The party which has succeeded can also even get back the court fee amount it had
paid initially while going to the traditional court. No court fee is to be paid for getting
the matter decided from Lok Adalats and also strict rules of evidence do not apply.
There is no burden of payment of lawyer’s fees or any other expenses because the
presiding officers assist both sides to arrive at a settlement. Ever since the Act has
come into force, millions of cases have been disposed off by the lok adalats all over
India. Access to justice in speedy, less expensive and expeditious manner has
achieved statutory recognition.
169
Lok Adalats experiment has met with an astounding success in our country and
has gone far ahead in providing speedy and inexpensive justice to the litigants.
Besides providing quick justice to the litigants, lok adalats are playing a pivotal role
in reducing the burden of our courts.
The setting up of permanent and continuous lok adalats in all the districts in the
Country will go a long way in making access to justice possible and providing to the
litigants a forum where they may sit across the table and sort out their legal disputes
by way of conciliation in the presence of lok adalat judge who would be guiding them
on technical legal aspects of the controversies. By an amendment introduced in the
Act, once both the parties have gone to lok adalat either directly or through a
reference from the traditional court, a party may not be allowed to opt out if it appears
to the lok adalat judge that the effort to opt out is not bonafide but with a view to
prolong litigation.
Access to justice for a vast majority of people has thus been made possible by
the judiciary both through the institution of lok adalats and public interest litigation.
PIL in India is an Indian judicial innovation to translate into reality the constitutional
promise of social and economic transformation to usher in an egalitarian order and a
welfare state by making "access to justice" a reality for others who could not reach
the courts due to various factors. It is in a way the manifestation of the discomfort
over the gap between promise and performance.
The resolution of dispute forms a large part of the justice delivery system. India
has a long tradition of resolving disputes through various types of Alternative Dispute
Resolution methods viz., Nyaya Panchayat System. Institutions such as lok adalats
have been given statutory recognition by the Legal Services Authorities Act, 1987.
170
7) Practical difficulties being faced by Lok AdalatsAs far as challenges and difficulties in conducting the lok adalats are concerned,
it can be broadly categorized into four groups:-
i) Reluctance of litigants;
ii) Reluctance of advocate;
iii) Reluctance of Judges; and
iv) Reluctance of the Government.
(i) Reluctance of litigantsEvery litigant comes to court with the strong opinion that he has a strong case
and the lawyer also tells him that he has a good case. Once he starts with the
presumption that he has a strong case, he thinks that if he has to settle a case, he has
to give up something which he is entitled to. The basic problem for dispute to be
settled in the lok adalats is that each litigant feels that he is giving up something
which he is entitled to. This is the main reason why lok adalats are unable to settle
cases easily in lok adalats other than motor accident claim cases. In other cases, there
is personal animosity whereas in motor accident claim cases there is no personal
animosity wherein primarily the principles of arithmetic work. Even, the insurance
companies in such claim cases are very professional and are very cooperative. If it is
family litigation, you will not have that kind of success as it is because of the personal
animosity. It is not just a question of just settlement between the parties but to teach
the other party, a lesson. Therefore, the first thing is that the litigant has a perception
and thinks that he has a good case which create hurdle in the success of lok adalats.
Litigant also has a misconception that extra costs and expenses shall be paid in
the lok adalats as court fee and lawyer’s fees. Unless this misconception is removed
from his mind, litigant cannot be pursued to approach out of court settlement through
lok adalats means. A motivation is required to be given to such litigants to get the
matter settled at the initial stage itself. The awarding of nominal costs by the courts at
the end of vexatious case further discourage the parties for early settlement.
171
(ii) Reluctance of advocatesAll have always heard of judge-litigant ratio. However, no one heard of any
lawyer-litigant ratio which is equally important. Lawyers for their personal gain and
to avoid loss of their earnings does not allow their parties/litigants to get the matter
settled as once the matte is settled, litigant would not come again and they shall be
deprived of their bread and butter earnings and source of livelihood. Such tendency of
advocates is mostly seen in those areas where litigation in the courts is comparatively
less.
In Bangalore alone, there are 19 Law Colleges. The more number of lawyers
does not mean more settlement. More number of judges may be yes, but more number
of lawyers certainly is not an indication of faster settlement. It is in fact a situation,
where more number of lawyers are to be fed from same number of cases. Therefore,
there is reluctance on the part of the lawyers in settling the case. This aspect has
somehow to be thought of and some solution has to be found.
Secondly lawyers also feel that if they suggest settlement to their parties, then
they would either think that his lawyer is inefficient or have been bought over by the
other party especially when party had already made understand that he had very good
case and likely to be won. This is also one of the grounds for not coming forward for
settlement through lok adalats.
The third approach of lawyers that if the case is conducted fully, then they will
get full fee but if a matter is settled in the lok adalat they will not get any fee or full
fee also point out towards their reluctance and hampers the functioning of lok adalat.
It becomes an impediment in settlement.
To minimize this impediment and also to take into consideration the livelihood
of the lawyers, it is better that lok adalats should firstly deal with post-litigation Lok
Adalats and then go to pre-litigation cases otherwise, the lawyers will be up-in-arms
against the process.
172
(iii) Reluctance of JudgesThe lawyers do not normally bother if a retired judge is holding lok adalat or is
working as conciliator but if a sitting judge holds lok adalat, one can find that there is
a reasonable response of the lawyer as he does not want to annoy him before him he
may appear any time in court. Indirect pressure of a sitting judge remains high on the
minds of the parties and their lawyers and they prefer to obey his advices also for
getting the matter settled especially when the case before lok adalats had come from
his own court.
System of disposal quota or restriction of earning of minimum units make the
judges of lower court reluctant to refer the matter to lok adalats because normally
judge prefer to get the matured or ripe simple matters decided on merits and to earn
big number of units instead of asking parties to get it settled in lok adalats. If all easy
cases are settled in the lok adalats, then how do they achieve their quota and face the
anger of superior court is another ground which cause obstruction in big achievement
in success story of lok adalats. Some of High Courts like Delhi after realizing this
difficulty of the judges have modified the units system and started giving incentives
to the presiding officers in units quota from whose court matter is referred to lok
adalats and is returned back as settled. This method certainly in future will motivate
the judges to send more and more cases to lok adalats.
(iv) Reluctance of the GovernmentAs far as government officers are concerned, they have this “pass the buck”
syndrome. They do not want to take a decision themselves. They feel that if they take
a decision, the audit may object or their higher ups may object or public may feel that
they have some ulterior motives. Government officers in a litigation may be reluctant
to pay one lakh of rupee in a lok adalat under settlement will happily pay ten lakh
rupees, if it is a judgment of the court on merits. The reluctance to decide by
government officers even in similar type of cases out of which one or few have been
decided on merits come in the way for the settlement of disputes by alternative
mechanisms. These are the broad difficulties as far as lok adalats are concerned.
173
As far as difficulty in extending legal aid is concerned, main reason is
“ignorance”. The litigants particularly the persons of the backward classes are
ignorant both of their rights and of the availability of the legal aid. Unless one
appraise them about their rights and availability of the legal aid, it will not be possible
to have success. Education is the only remedy for its success. As far as the litigants
are concerned, they may be the poorest litigant but want best of talents. He feels that
he would sell his property but engage a good counsel. He always feels that the legal
aid counsel are novice or is a person who has accepted to do free service as he has no
work and therefore, he is not capable. This somehow is a wrong notion and somehow
is making the litigant not accepting the legal aid counsel.
Legal Services Authorities and Committees should educate the masses, educate
the persons who require legal aid and they must be shown that the persons who are
legal aid counsels are also competent. To achieve this target, senior advocates,
committed good and well known counsels must be joined in the panel of legal aid
advocates.
8) Alternative Dispute Resolution methods to resolve disputes
(i) Alternate dispute resolution (ADR) mechanismsThe need of the hour is to create an awareness of ADR Methods among the
people and to prepare a large pool of trained professionals in the field of ADR who
will be able to practice these ADR methods to resolve disputes.
In India, varied ADR mechanisms exist for resolving disputes outside the courts.
The choice of the ADR method largely depends on the nature of the dispute and
relation of the parties. The general ADR methods of resolving disputes are arbitration,
conciliation, mediation, negotiation, lok adalats etc. Thus, there are sufficient ADR
mechanisms in India and the only requirement is their application in true letter and
spirit. Arbitration is the most commonly used method in India for resolving and
adjudicating various disputes but it is expensive and lengthy technique.
174
Mounting arrears and delay in disposal of cases has put our justice delivery
system under severe strain and requires immediate attention. We need to take
remedial measures to avoid total collapse of the system. The need of the hour today,
therefore, is the speedy disposal of cases. How to curb the delays and clear the
backlog? We have to find out effective alternative methods of dispute resolution. We
have to search for an alternative forum, which may be less formal, less expensive,
more effective and speedy.
The need for alternatives to the formal legal system has engaged the attention of
the legal fraternity, comprising judges, lawyers and law researchers for several
decades now. This has for long been seen as integral to the process of judicial reform
and as signifying the `access to justice’ approach.
There were over 1.32 crore (13.2 million) criminal cases and around 70 lakh (7
million) civil cases. The Parliamentary Standing Committee on Home Affairs found
that there were in 21 High Courts in the country, 35.4 lakh cases pending and out of
618 posts of High Court judges, there were 156 vacancies as on January 1, 2000. The
position in the subordinate courts was even more alarming. There was a backlog of
over 2 crore (20 million) cases for as long as 25 to 30 years old. The total number of
subordinate Judges in all the states and union territories in the country, as in
September, 1999 was 12,177. In the last 10 years the Supreme Court, by improving
its efficiency, has been able to reduce the number of pending cases from 1.05 lakh
cases in 1991 to 20,000 cases. However, in the same period the number of pending
cases in the High Courts increased from 1.9 million to 3.4 million. In the subordinate
courts also, the number of cases pending had stagnated at around 20 million.
The Arbitration Act, 1940 was not meeting the requirements of either the
international or domestic standards of resolving disputes. Enormous delays and court
intervention frustrated the very purpose of arbitration as a means for expeditious
resolution of disputes. The Government of India thought it necessary to provide a new
Forum and procedure for resolving international and domestic disputes quickly. Thus,
"the Arbitration and Conciliation Act, 1996 came into being. The law relating to
Arbitration and Conciliation is almost the same as in the advanced countries.
175
Conciliation has been given statutory recognition as a means for settlement of the
disputes in terms of this Act. In addition to this, the new Act also guarantees
independence and impartiality of the arbitrators irrespective of their nationality. The
new Act of 1996 brought in several changes to expedite the process of arbitration.
This legislation has developed confidence among foreign parties interested to invest
in India or to go for joint ventures, foreign investment, transfer of technology and
foreign collaborations.
ADR is becoming increasingly popular in resolving conflicts involving
commercial and labour disputes, divorce, motor vehicle accident claim cases, medical
malpractices and other issues that would otherwise likely end up in court. Due to its
current popularity, some commentators have noted that alternate dispute resolution
may be understood to stand for appropriate rather than alternative dispute resolution,
because there is no longer anything 'alternative' about Alternate Dispute Resolution.
(ii) Important Characteristics of ADR The most attractive characteristics of ADR are that it can be used at any point
of time, even when a case is pending before a court of law, it can be used to reduce
contentious issues between the parties and (except in the case of binding arbitration)
it can be terminated at any stage by any one of the disputing parties. Parties are free to
decide how they wish to resolve their dispute either before the dispute arises e.g., in a
dispute resolution clause contained in their commercial contract or after the dispute
arises e.g., in a subsequent agreement to arbitrate the dispute. Parties can agree on the
law governing the contract, including how conflicts of laws are to be resolved, the
tribunal hearing the dispute, and whether the tribunal will have exclusive jurisdiction
to deal with the dispute and where the tribunal is not a traditional court, where the
tribunal will sit and hear the dispute, the procedural rules which the tribunal will
apply, where the parties fail to agree on any of the above, the tribunal may decide
what is the proper law governing the dispute, the rules, it will use and even the extent
of its own jurisdiction.
176
(iii) Relevance of ADR in contemporary judicial systemMounting arrears and delay in disposal of cases has put our justice delivery
system under severe strain and requires immediate attention. We need to take
remedial measures to avoid total collapse of the system. The need of the hour today,
therefore, is the speedy disposal of cases. Conciliation, mediation and arbitration are
the virtue of human society and it is for the legal service authorities to explore and
harness these virtues. ADR is being adopted by government and courts, as a
promising way to reduce costs and delay in formal justice system. The development
of ADR in recent years has been extensive, the use of alternatives connected to courts
and tribunals is growing rapidly. These developments have been fuelled by limited
resources, increased workloads, the great length and costs of some trials and the
presence of an element in the list of cases which could better be resolved by ADR.
(iv) ADR systems for urban litigationThe Gram Nyayalayas as contemplated by the Law Commission will process 60
to 70 per cent of rural litigation leaving the regular courts in districts and sub-
divisions to devote their time to complex civil and criminal matters. With a
participatory, flexible machinery available at the village level where non-adversarial,
settlement-oriented procedures are employed, the rural people will have a fair, quick
and inexpensive system of dispute settlement. Only revision jurisdiction on civil
matters and that also on questions of law may be left to the district courts. Rent and
eviction suits constitute a considerable chunk of litigation in urban courts, and that
they take on an average three or more years to get adjudicated in the court at first
instance, the Law Commission felt that an alternative method for these disputes is
imperative. The Law Commission examined several alternatives and preferred to
recommend the model of conciliation court along with a participatory model where a
professional judge interacts with two lay judges and evolves a reasonable solution.
There will not be any appeal against the decision and only a revision petition will be
permissible on questions of law to the district Court.
177
(v) What advantages does ADR have over the normal judicial process? Final, binding decisions.—While several ADR mechanisms can help parties
reach an amicable settlement, all of them depend ultimately, on the goodwill
and mutual collaboration of the parties. However, a final and enforceable
decision may be obtained by recourse to arbitration and Lok Adalats.
Limited right of appeal.—Although arbitral awards may be subject to being
challenged, the grounds of challenge available against arbitral awards have
been limited by the new Arbitration and Conciliation Act, 1996.
Speed and economy.—Arbitration and Lok Adalats awards are faster and less
costly than litigation. The restricted scope for challenge against arbitral and
Lok Adalats awards, as compared with court judgments, provides the edge. It
also ensures that the parties will not subsequently be tangled up in a protracted
and expensive sequence of appeals.
Flexibility of procedure.—Further, arbitration also offers the parties the
freedom and flexibility to decide on the number of hearings, selection of
arbitrators, the venue of arbitration, procedure that may be conducted within
an agreed time frame expeditiously and as economically as the circumstances
allow. Similarly in the Lok Adalats no strict rules of evidence are to be
followed and award is passed on basis of settlement of parties after they are
indulged in conciliation proceedings informing them about the benefits of
settlements and some weak points of their defences etc.
Confidentiality.—Unlike trials, arbitration and Lok Adalats hearings do not
take place in public and only the parties themselves receive copies of the
awards.
Neutrality.—As per the arbitration agreement signed by the parties, arbitration
may take place in any country, under any law in any language and with
arbitrators of any nationality. With this flexibility, it is generally possible to
structure a neutral procedure offering no unwarranted advantage to any party.
Lok Adalats judges are neutral persons and also normally have no concern or
relations with the parties.
178
(vi) Need for ADR in Indian JudiciaryWith the evolution of modern States and sophisticated legal mechanisms, the
courts run on very formal processes and are presided over by trained adjudicators
entrusted with the responsibilities of resolution of disputes on the part of the State.
The seekers of justice approach the courts of justice with pain and anguish in their
hearts on having faced legal problems and having suffered physically or
psychologically. They do not take the law into their own hands as they believe that
they would get justice from the courts at the end and on some day.
Naturally, this leads to a search for an alternative complementary and
supplementary mechanism to the process of the traditional civil court for inexpensive,
expeditious and less cumbersome and, also less stressful resolution of disputes. The
Indian judiciary is held in very high esteem in all the developing as well as the
developed countries of the world.
9) Solution of drawbacksThe Legal Aid Act was enacted to constitute legal services authorities for
providing free and competent legal services to the weaker sections of the society to
ensure that opportunities for securing justice were not denied to any citizen by reason
of economic or other disabilities and to organize lok adalats to ensure that the
operation of the legal system promoted justice on a basis of equal opportunity. The
system of lok adalat, which is an innovative mechanism for alternate dispute
resolution, has proved effective for resolving disputes in a spirit of conciliation
outside the courts.
However, the major drawback in the existing scheme of organization of the lok
adalats under Chapter VI of the said Act is that the system of lok adalats is mainly
based on compromise or settlement between the parties. If the parties do not arrive at
any compromise or settlement, the case is either returned to the court of law or the
parties are advised to seek remedy in a court of law. This causes unnecessary delay in
the dispensation of justice. If lok adalats are given power to decide the cases on
merits in case parties fails to arrive at any compromise or settlement, this problem can
179
be tackled to a great extent. Further, the cases which arise in relation to public utility
services such as Mahanagar Telephone Nigam Limited, NDPL/BSES, Delhi Jal Board
etc., need to be settled urgently so that people get justice without delay even at pre-
litigation stage and thus most of the petty cases which ought not to go in the regular
courts would be settled at the pre-litigation stage itself which would result in reducing
the workload of the regular courts to a great extent.
The amendments effected in the Legal Aid Act are designed to establish
Permanent Lok Adalats as an additional forum to the litigant persons for resolution of
their disputes with certain public utility services. Under the Act, it is optional to the
litigant persons to approach the Permanent Lok Adalats for settlement of their
disputes with the public utility services. The resolution of disputes through Permanent
Lok Adalats will minimize the litigation expenditure, save valuable time of the parties
and their witnesses and also facilitate inexpensive permanent remedy appropriately to
the satisfaction of both the parties. It is in this context that it will not be proper to say
that the institution of Permanent Lok Adalats is anti litigant.
The Supreme Court of India has also examined the validity of the amendment
made in the Legal Aid Act, 1987 in Writ Petition (Civil No. 543/2002) in the case of
S. N. Pandey v. Union of India, and vide its order of October 28, 2002 upheld the
constitutional validity of the amendments made during 2002 in the 1987 Act. The
Supreme Court also held that, "the constitution of the Permanent Lok Adalats
mechanism contemplates the judicial officer or a retired judicial officer being there
along with other persons having adequate experience in the public utility services. We
do not find any constitutional infirmity in the said litigation. The Act ensures that
justice will be available to the litigant speedily and impartially. We do emphasize that
the persons who are appointed on the Permanent Lok Adalats should be persons of
integrity and adequate experience".
Under section 22D of the Legal Services Authorities (Amendment) Act, 2002,
the Permanent Lok Adalat while conducting conciliation proceedings or deciding
disputes on merit shall be guided by the principle of natural justice, objectivity,
fairplay, equity and other principles of justice, and shall not be bound by the Code of
180
Civil Procedure, 1908 and the Indian Evidence Act, 1872.
The Legal Aid Act, 1987 (as amended by Act No. 59 of 1994) has provided a
statutory base to Lok Adalats by adding a separate Chapter VI therein. It has
conferred wide powers on lok adalat judges through section 22 of the Act in the
matter of summoning and examining witnesses on oath, discovery and production of
documents, reception of evidence of affidavits, requisitioning of public records or
documents etc. The Awards passed by lok adalat judges are now deemed to be decrees
of a civil court and the court fee paid in such cases is liable to be refunded in the
manner provided under the Court Fees Act, 1870. These Awards are final and binding
on all the parties to the dispute and no appeal lies to any court against these Awards.
***************
181
CHAPTER 7
IMPLEMENTATION OF LEGAL AID SERVICES WITH
SPECIAL EMPHASIS ON UNION TERRITORY OF DELHI
(A) Implementation of Legal Aid Services in India
1) Legal aid movement and its statutory recognition:- As stated and discussed
in earlier chapters, Article 39A of the Constitution of India provides that state shall
ensure that the operation of the legal system promotes justice on a basis of equal
opportunity, and shall in particular, provide free legal aid, by suitable legislation or
schemes or in any other way, to ensure that opportunities for securing justice are not
denied to any citizen by reason of economic or other disability. Articles 14 and 22 (1)
also make it obligatory for the state to ensure equality before law and a legal system
which promotes justice on a basis of equal opportunity to all. Legal aid strives to
ensure that this constitutional pledge is fulfilled in its letter and spirit and equal
justice is made available to the poor, downtrodden and weaker sections of the society.
Although, Article 39A was incorporated in the Constitution in the year 1976 and
came into operation w.e.f. 3 January, 1977 yet the movement of legal aid in the
Republic of India had started way back since the Constitution promised to secure to
all its citizens justice-social, economic and political which was w.e.f. 26 January,
1950. Since 1952, the government of India also started addressing to the question of
legal aid for the poor in various conferences of Law Ministers and Law Commissions.
In 1960, some guidelines were drawn by the government for legal aid schemes. In
different states, legal aid schemes were floated through Legal Aid Boards, Societies
and Law Departments. In 1980, a committee at the National level was constituted to
oversee and supervise legal aid programmes throughout the country under the
chairmanship of Justice P.N. Bhagwati, then a judge of the Supreme Court of India.
This Committee came to be known as CILAS (Committee for Implementing Legal
182
Aid Schemes) and started monitoring legal aid activities throughout the country.
The introduction of Lok Adalats added a new chapter to the justice dispensation
system of this country and succeeded in providing a supplementary forum to the
litigants for conciliatory settlement of their disputes. In 1987, Legal Services
Authorities Act was enacted to give a statutory base to legal aid programmes
throughout the country on a uniform pattern. This Act was finally enforced on 9
November, 1995 after certain amendments were introduced therein by the
Amendment Act of 1994. Mr. Justice R.N. Mishra, the then Chief Justice of India
played a key role in the enforcement of the Act.
The movement of legal aid in India got crystallized in the Legal Services
Authorities Act, 1987 which was an Act to constitute Legal Services Authorities to
provide free and competent legal services to the weaker sections of the society to
ensure that opportunities for securing justice are not denied to any citizen by reason
of economic or other disabilities and to organize Lok Adalats to secure that the
operations of the legal system promotes justice on a basis of equal opportunity.
2. Constitution and functions of Central Authority:- Section 3 of the said Act
talks about Constitution of a National Legal Services Authority and section 4 of the
said Act defines the functions of the Central Authority (NALSA) which are as
follows:—
“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;
183
(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
Adalats;
(f) encourage the settlement of disputes by way of negotiations, arbitration
and conciliation;
(g) undertake and promote research in the filed 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;
184
(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 organizations and given general
directions for the proper implementation of the Legal Services programmes.”
3. Nature of functions and duties performed by LSA
The nature of functions and duties performed by different Legal Services
Authorities are describe under the Legal Services Authorities Act as hereunder—
(i) Free Legal Services
i. Payment of court fee, process fees and all other charges payable or
incurred in connection with any legal proceedings;
ii. Providing Advocate in legal proceedings;
iii. Obtaining and supply of certified copies of orders and other documents
in legal proceedings;
iv. Preparation of appeal, paper book including printing and translation of
documents in legal proceedings etc. etc.
v. Pre litigation settlement by mediation/conciliation etc.
(ii) Eligible persons for getting free legal services
i) Women and children
ii) Members of SC/ST
iii) Industrial Workmen
iv) Victims of trafficking in human beings or beggars
v) Victims of mass disaster, violence, flood, drought, earthquake,
industrial disaster etc.
vi) Disabled persons
185
vii) Persons in custody
viii) Persons whose annual income does not exceed Rs.50,000/-.
(iii) Free Legal Services can be availed from
i) Supreme Court Legal Services Committee, 109, Lawyers Chambers,
Supreme Court of India, New Delhi for Supreme Court Cases.
ii) State Legal Services Authority constituted in all the States of the
country
iii) High Court Legal Services Committee situated at High Court Complex
in every High Court.
iv) District Legal Services Authority situated in the District Courts
Complex in every District of the country.
v) Taluk legal services committees situated in sub-divisions and small
towns.
4. Constitution and function of State Legal Services Authorities
Section 7 of the Legal Services Authorities Act, 1987 describes the functions of
the state authority as hereunder—
(1) It shall be the duty of the State Authority to given 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.
186
The scheme of the Act formulates the constitution of State Legal Services Authorities
in each and every state to be constituted by the state government and further High
Court Legal Services Committee, District Legal Services Authority and Taluk Legal
Services Committee have to work under the supervision, guidance and control of the
State legal Services Authority and all State Legal Services Authorities have to work
under the overall superintendent, guidance and control of the National Legal Services
Authority.
5. Forum for settlement of disputes/cases Lok Adalat is a forum where the disputes/cases pending in the court of law or at
pre-litigation stage are settled/compromised amicably. Lok Adalat has been given
statutory status under the Legal Services Authorities Act, 1987. An award made by
the Lok Adalat is deemed to be decree of a civil court and is final and binding on all
parties and no appeal lies before any court against it as per section 21 of the Act.
(i) Nature of cases to be referred to Lok Adalats
i) Any case pending before any court.
ii) Any dispute which has not been brought before any court and is likely to
be filed before any court:
Provided that any matter relating to an offence not compoundable under
the law shall not be referred to/settled in Lok Adalat.
(ii) How to get the case referred to the Lok Adal at for settlement
(a) Case pending before the courts:
i. If the parties agree to settle the dispute in Lok Adalat or
ii. One of the parties make an application to the court or
iii. The court is satisfied that the matter is an appropriate one for settlement in
Lok Adalat.
(b) Any dispute at pre-litigative stage
187
The State Legal Services Authority or District Legal Services Authority as the case
may be on receipt of an application from any one of the parties to any pre-litigation
stage matter refer such matter to the Lok Adalat for amicable settlement.
(B) Delhi Legal Services AuthorityConstitution of India provides that state shall secure that the operation of the legal
system promotes justice on a basis of equal opportunity, and shall in particular,
provide free legal aid, by suitable legislation or schemes or in any other way, to
ensure that opportunities for securing justice are not denied to any citizen by reason
of economic or other disability.
Articles 14 and 22(1) also make it obligatory for the state to ensure equality
before law and a legal system which promotes justice on a basis of equal opportunity
to all. 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.134
India is a Socialist Republic. Socialism is not a code of belief. It is a philosophy
of life. To bring cheer to everyone, to make everyone feel safe and to wipe tears from
each eye is the ultimate object of every welfare state. Our Constitution, therefore, has
put in place a legal system which endeavors to protect the rights of everyone. Over
the years, however, it was felt that the judicial system was a little too costly for the
poor, the laws a little too complex for the illiterate to understand and the procedure a
little too slow to bring instant relief. To supplement the justice delivery system, the
Legal Services Authorities Act was enacted. The central government in 1980
constituted a high powered Committee for Implementing Legal Aid Schemes
(CILAS) which worked out a comprehensive legal aid programme on uniform basis
throughout the country providing a four-tier legal aid programme at National, State,
District and Taluk levels. As a sequel to this, the government of India enacted the
Legal Service Authorities Act in 1987 which was enforced with effect from
November 9, 1995. Under this Act, the National Legal Services Authority (NALSA)
134 Section 304 of Criminal Procedure Code188
was set up as Central Authority at the apex. Since then, legal aid services have been
set up at states and union territories levels, district levels and were being enforced at
the Taluk levels all over the country at the moment.
The government has been providing free legal aid services to the poor in two
segments. The first segment relates to court oriented legal aid and the second segment
covers preventive or strategic legal aid.
Legal aid is an essential part of the administration of justice. The goal is to
secure justice to the weaker sections of the society, particularly to the poor,
downtrodden, socially backward, women, children, handicapped etc. but steps are
needed to be taken to ensure that nobody is deprived of an opportunity to seek justice
merely for want of funds or lack of knowledge. To fulfill this object in Delhi, a state
authority in the name of Delhi Legal Services Authority was set up in Patiala House
court complex.
(C) Delhi High Court Legal Services Committee
Delhi High Court Legal Services Committee is committed to ensure “Access to
Justice for All”. The Aims and Objectives of the Committee are—
(1) to provide free legal aid and services for conduct of cases in the High
Court, or legal proceedings before any authority or tribunal;
(2) to organize Lok Adalat for amicable settlement of pending cases in the
High Court of Delhi and pre-litigative cases;
(3) to settle pending cases in the High Court of Delhi and pre-litigative cases
by mediation & conciliation proceedings;
(4) to spread legal awareness.
(D) Entitlement to legal services The following categories of persons are entitled to grant of legal services as per
section 12 of Legal Services Authorities Act, 1987:—
a) a member of a Scheduled Caste or Scheduled Tribe;
b) a victim of trafficking in human beings or beggar;
189
c) a woman or child;
d) a person with disability as defined in clause (i) of section 2 of the Persons
with Disabilities (Equal Opportunities, Protection of Right and full
Participation ) Act, 1995, which means persons suffering with blindness, low
vision, leprosy-cured, hearing impairment, locomotor disability, mental
retardation or mental illness;
e) victim of mass disaster, ethnic violence, caste atrocity, flood, drought,
earthquake or industrial disaster, or
f) an industrial workman; or
g) persons in custody, including custody in the protective home or in a juvenile
home or in psychiatric hospital or psychiatric nursing home or
h) where the annual income of a person “from all sources” does not exceed
Rs.50,000/-.135
Delhi is itself a mini India and having a cosmopolitan culture, a population which
comprises of representatives from each and every state giving Delhi a multi-
dimensional polity. The Delhi Legal Services Authority has been working tirelessly
performing the onerous duty to ameliorate the social inequalities between the haves
and have-nots and achieving great strides.
(E) Legal aid activities of the DLSA
(i) Legal aid counsel scheme:-The Authority has implemented legal aid counsel
scheme in courts of Metropolitan Magistrates, Special Executive Magistrates,
Children Welfare Board etc. Remand Advocates have been appointed to take up and
defend the cases of arrested persons. Now, every unrepresented person in custody
stands assured of legal representation at different stages of trial. The Authority has
also a panel of advocates.
135 As per notification No. F.27/3/2003- Judl./CD/07/2260 dated 12th April, 2007.
190
(ii) Appointment of jail visiting advocates:-The Authority had also appointed 22
Jail Visiting Advocates to visit different Jails regularly on fixed days of the week to
help the poor and unrepresented inmates in terms of provisions of Section 12(g) of the
Legal Services Authority Act, 1987. Any jail inmate can seek aid and advice; file any
bail/parole application, appeal(s) etc. through these advocates.
Also advocates have been appointed as Legal Aid Counsel in High Court of
Delhi for dealing with the cases of inmates of the respective jails as mentioned
against each with effect from 9 May, 2005. These advocates shall attend to the bail
applications of under trials sent directly or through jail visiting advocates and also
file/defend appeals or revision petitions of convicted prisoners before the High Court
of Delhi.
(iii) Raising of income ceiling:-The income-ceiling limit under section 12(h) of the
Legal Services Authority Act, 1987 has been enhanced to Rs. 50,000/- per annum
from April, 2007 to extend the benefits of the Act to more people.
(iv) Emphasis on competent and quality legal services to aided persons:-The
quality of legal services is the need of the hour for providing competent legal aid to
the applicant. Delhi Legal Services Authority takes regular feed back of the advocates
on its panel and strikes of the names of the Advocates who fail to provide efficient
services to the applicants/aided persons. The Authority is always on a look out to
bring young, hard working and honest Advocates on its panel.
(v) Accreditation of non-governmental organizations:-The Authority is working
collectively with government departments and agencies and has also teamed up with
various Non-Governmental Organizations working directly or indirectly in the field
of Legal Services. Most of the NGOs are registered.
(vi) Marriage and family counseling centres:-Marriage and family counseling
centres being run by the authority has become extremely popular. This centre is first
191
of its kind in the country where efforts are made to persuade the parties to sort out
their disputes and differences without recourse to litigation. The centres have proved
their utility in as much as before giving legal aid to eligible persons, every effort is
made to explore the possibility of a compromise between the parties. In many cases,
counselors attached to this authority have succeeded in persuading the parties
involved in matrimonial disputes to re-unite and live a happy marital life. In those
cases where reunion appears to be not possible, the parties are motivated to go in for
mutual consent divorce and the issues relating to maintenances, custody of the
children, dowry and permanent alimony are settled across the table. The Marriage and
Family Counseling Centres are functioning not only from head office but also from
different court complexes.
(vii) Free legal aid centres:- With a view to educate the general public about their
rights and procedure to get free legal aid, the Delhi Legal Services Authority had set-
up 28 legal aid centers in different parts of Delhi especially in jhuggi clusters, slum
areas and low profile areas. After the setting up of these centers, the legal aid facilities
are available at the doorstep of the people of these areas and legal aid programmes
have become more meaningful and effective.
(viii) Opening of Child And Family Counseling legal aid centre in association
with School of Law And Legal Studies, Guru Gobind Singh Indraprastha
University, Kashmiri Gate, Delhi:-The Authority has opened a Child and Family
Counseling Legal Aid Centre in GGSIPU with the view to utilize the same as a place
for meetings between an estranged husband, wife and their children. In this regard
letters to District Judge have also been issued requesting the judicial officers holding
Matrimonial Courts to direct the parties to appear for meetings in the aforesaid venue
in Room No.323. In opening the aforesaid centre the students and teachers of
GGSIPU took active participation and made it a success.
192
Delhi Legal Services Authority in association with Delhi Labour Welfare Board
proposed to set up free Mobile Legal Aid Centres for the poor industrial workers of
NCT of Delhi.
(ix) Observance of legal services day:- On every 9 November which is observed as
LEGAL SERVICES DAY in all the state Authorities, the authority issues press release
in leading national newspaper both in Hindi and English spelling out the salient
features of the Legal Services Authorities Act, schemes made there under by the
authority and the services being provided by it. The authority organizes many
functions and legal literacy camps at various places in Delhi where various Non-
governmental organizations and prominent citizens of Delhi participate.
(x) Helpline:-The telephonic helpline is functional on all the working days in the
office of DLSA, Patiala House Courts and is manned by competent lawyers. It saves
time, money and energy of the poor people and prevents them from being financially
exploited. This legal aid helpline has evoked tremendous response. On the occasion
of Labour Day the authority had dedicated the telephone helpline to the labours/
industrial workers which was made functional on first and third sunday of the month
from 10.00 AM to 1.00 PM for rendering helpline services to labour class/industrial
workers. Information, legal advice and mode of seeking legal aid was also available
at other office helpline numbers.
(F) Empirical Study of Law (Legal Aid) with Special Reference to its
Implementation in Union territory of Delhi136
1. Legal Awareness and Legal Aid Programme
A Legal Awareness and Legal Aid Programme was organised by Delhi Legal
Services Authority in partnership with Adharshila on 20 January, 2010 at Adharshila
Welfare Centre, GRC-SK, Hauz Rani, New Delhi. Sh. S.S. Tandan, Counsellor, Delhi 136 Based on various Reports, personal knowledge and Annual Reports of Delhi Legal Services
Authority
193
Legal Services Authority attended the programme and spread legal awareness
amongst the community. The counsellor heard the cases of 25-30 beneficiaries and
gave appropriate advice. About 450 pamphlets, brochures and booklets of DLSA on
Legal Awareness and activities of DLSA were also distributed to the public in
general.
Another Awareness Programme was organised by Society for Securing Justice
on 23rd January, 2010 at Jahangir Puri, Delhi which was conducted by Sh. Gautam
Manan, Project Officer, Delhi Legal Services Authority and Sh. P.C. Ranga, Retired
Addl. District and Sessions Judge, Delhi and Counsellor, Delhi Legal Services
Authority. The general public was made aware about the activities of Delhi Legal
Services Authority.
2. Permanent Lok Adalats for Accident Matters
The Lok Adalat of MACT/JRY (Jald Rahat Yojna) cases were organized in all 4
Court Complexes time to time and the cases of all the Insurance Companies were
taken up in these Lok Adalats. In these Lok Adalats of MACT/JRY total 2222 Cases
have been settled and in these Lok Adalats an amount to the tune of Rs.
30,09,01,828/- has been awarded to the victims of accident and/or for their families. A
Thirteenth continuous MACT Lok Adalat organised on 9 January, 2010 in all the five
District Court Complexes in which 58 cases were settled and compensation of Rs.
1,07,14,000/- awarded in favour of the claimants.
3. Lok Adalat for Family/Matrimonial Disputes
Delhi Legal Services Authority organizes special Lok Adalat to deal with
matrimonial and family disputes also. It has been the priority of this Authority to
settle the disputes between the parties particularly in matrimonial and family matters
at pre-litigative stage itself. Considering the huge backlog of the cases in the courts, it
is the endeavour of the Authority to minimize the litigation so as to lessen the burden
of the courts and also to save the time and money of the parties involved. On receipt
of a particular complaint, notice is sent to the opposite party and then efforts are made
194
to make the parties sit across the table and bring them to a mutually acceptable
settlement. It is heartening to note that more than 50 per cent cases are settled at pre-
litigative stage itself. Seventeenth continuous Matrimonial Lok Adalat organised on
17 January, 2010 in various District Court Complexes of Delhi.
4. Lok Adalat for resolution of private sector bank recovery casesLok Adalat for resolution of private sector bank recovery cases relating to
Standard Chartered Bank, Tata Teleservices Ltd & HDFC Bank at Pre-litigative stage
organised on 17 January, 2010 at Patiala House Courts in which 40 cases were settled
and awards worth Rs. 6,10,623/- were passed.
5. Permanent and continuous Lok AdalatDelhi Legal Services Authority has taken a lead and has set-up permanent and
continuous Lok Adalat in government departments and statutory bodies in Delhi. The
insurances companies have provided space and other infrastructure to the Authority
for setting up permanent and continuous Lok Adalat to handle MACT cases. In all 7
MACT permanent Lok Adalat have been functioning regularly and 1112 number of
cases have been settled in these Lok Adalats. Amount to the tune of Rs.
22,51,90,326/- has been awarded to the victims of accident and/or their families.
The Authority has also set up 9 other permanent Lok Adalat in Government
bodies/departments at the following addresses:—
1. B.S.E.S and NDPL (2 Permanent Lok Adalat, 4 Presiding Judges) Opp.
Aiwan- e-Ghalib, Mata Sundri Lane, Near Mata Sunderi College, Delhi-
110002.
2. Mahanagar Telephone Nigam Ltd (1 Permanent Lok Adalat) at Eastern
Court, Janpath/ not regular but from time to time.
3. Municipal Corporation of Delhi (1 Permanent Lok Adalat) at Property Tax
Building, Ring Road Lajpat Nagar/ not regular but works from time to time.
4. Delhi Development Authority (1 Functioning Lok Adalats) at Vikas Sadan, 195
INA, New Delhi.
5. New Delhi Municipal Council (1 Permanent Lok Adalat)/not regular but
works from time to time.
These permanent Lok Adalat especially dealing with electricity matters have got a
tremendous response from the public and have become extremely popular.
Government has approved the constitution of four Permanent Lok Adalat and will be
made functional shortly.
The Authority gives advertisements in leading daily newspapers regularly with
regards to the holding of Lok Adalat and requesting the general public for filing their
pending cases as well as pre-litigative matters for settlement in these permanent and
continuous Lok Adalats.
6. Lok Adalats for Civil MattersLok Adalat of Civil Matters was started w.e.f. 27.04.2008. As per the disposal
report total 10 sittings have been held till 20.07.2008 in Tis Hazari Courts and
Karkardooma Courts in which 463 cases were listed, 437 cases were taken up and 88
cases were disposed off.
7. Lok Adalats for Rent CasesThe Lok Adalat of Rent Cases was started w.e.f. 02.03.2008. The disposal report
speaks that total 07 sittings were held in Tis Hazari Courts, Karkardooma and Rohini
Courts upto 20.07.2008, out of the listed cases i.e. 203, 202 cases were taken up and
149 cases were disposed off.
8. Mediation and Conciliation Centre at Rohini Court ComplexDelhi Legal Services Authority opened a Mediation & Conciliation Centre, at
Rohini Court Complex, New Delhi on 1 October, 2007. Justice Ashok Bhan, Judge,
Supreme Court of India & Executive Chairman, National Legal Services Authority
and Justice S.B. Sinha, Judge, Supreme Court of India inaugurated the Mediation & 196
Conciliation Centre. On this Occasion, Delhi Legal Services Authority initiated
Mediation Training of Mediators from Rohini Court Bar Association which was
conducted from 1 October to 20 October, 2007. Master Trainers from Delhi Higher
Judicial Services imparted Mediation Training to the Mediators. With effect from
02.02.2009, Mediation Centre has stopped receiving cases and only pending matters
will be dealt with as the centre was taken up by Mediation Cell of High Court.
9. Seminars/Symposium/Legal Awareness/Training Programmes137 Delhi Legal Services Authority organized seminars, symposium and legal
awareness programmes on contemporary social and legal issues like child labour,
domestic violence, female foeticide and plea bargaining etc. The Authority has also
organized training programmes to equip the Mediators, Judicial Officers, Legal
Services Advocates, Protection Officers, Police Officers, Service Providers with
skills, attitude and knowledge required for efficient performance of duty i.e., Training
Programme on Mediation and Protection of Women from Domestic Violence Act.
Detailed information in respect of aforesaid programmes organized by the Authority
is as follows:—
(a) Legal Awareness Programme on Child Labour at Kalyan Puri
Delhi Legal Services Authority organized a Legal Awareness Programme on the
“Role of Delhi Legal Services Authority in Promotion of Justice and Eradication of
Child Labour” on 23 April, 2007 at Community Centre, Block No.14, Kalyan Puri,
Delhi. Justice T. S. Thakur, Judge, High Court of Delhi & Executive Chairman, Delhi
Legal Services Authority expressed serious concern about children employed in
Dhabas, household and agricultural fields etc. He expressed hope that campaign
against child labour would succeed with the assistance of Governmental and Non-
Governmental Organizations and we will reach at a stage when child labour will be
eliminated from the society. He appreciated the street play on Child Labour
performed by the children of Bachpan Bachao Andolan and made announcement of
137 Based on Annual Reports of Delhi Legal Services Authority as well as from personal knowledge and experience having been worked as Member Secretary, DLSA .
197
donation of Rs. 5000/- to the performers of Nukkar Natak for their education, books
and clothing. Hon’ble Judges distributed gift packs of books, note pads and pens to
the students who performed cultural programmes and Nukkar Natak.
Labour Department, Department of Social Welfare, Delhi Social Welfare Board
and Non-Governmental Organizations like Bachpan Bachao Andolan (BBA), Health
Fitness Trust (HFT), Delhi Competitive and Vocational Studies (DCVS), SWERA,
Khazan Singh Memorial Trust and Society for Promotion of Women & Child
(SPOWAC) participated in the programme. 600 people from local communities and
slum areas participated in the programme. Delhi Legal Services Authority created
awareness about social welfare legislations and distributed informative material and
booklets containing information about its legal aid programmes and activities.
(b) Legal Awareness Prgoramme on Domestic Violence at Seelampur
Delhi Legal Services Authority organized a Legal Awareness Programme in
collaboration with Amar Holistic Society for Disabled (NGO) on the “Role of Delhi
Legal Services Authority in prevention of Domestic Violence” on 26 May, 2007 at
Community Centre, Near Shri Ram Mandir Welcome Colony, Seelampur, Delhi.
Justice T.S Thakur, Judge, High Court of Delhi & Executive Chairman, Delhi Legal
Services Authority delivered the message that legal literacy programmes is being
organized in slum areas to create Awareness about legal aid programmes of Delhi
Legal Services Authority so that weaker and less fortunate sections of society can
avail legal services provided by the Authority. He delivered the message that
domestic violence in the society can only be eliminated by changing the mindset of
the people and such legal literacy programmes can play significant role in that
direction. Justice S. N. Dhingra, Judge, High Court of Delhi enlightened the
participants about the rights and remedies available to the aggrieved person and
redressal mechanism provided under the Protection of Women from Domestic
Violence Act. Non-Governmental Organizations like Naseem Gandhian Organization,
Action India and Health Fitness Trust etc. were associated with the programme.
School Students performed cultural programmes and street plays on Domestic
198
Violence.
(c) Inauguration of Legal Aid and Counselling Centre at Tihar Jail Court
Complex and Release of 3rd Annual Report of Delhi Legal Services
Authority
Delhi Legal Services Authority opened a Legal Aid and Counselling Centre at
Tihar Jail Courts Complex, Delhi Prison on 20 July, 2007. Justice Ashok Bhan, Judge,
Supreme Court of India & Executive Chairman, National Legal Services Authority
inaugurated the Legal Aid and Counselling Centre at Tihar Jail Courts Complex and
released the Third Annual Report of Delhi Legal Services Authority. A Legal
Awareness Programme on Plea Bargaining was also organized at Central Jail No.4,
Tihar, New Delhi on the occasion. Justice T.S. Thakur, Judge, High Court of Delhi &
Executive Chairman, Delhi Legal Services Authority delivered the message that
inauguration of Legal Aid and Counselling Centre in Tihar Jail Court Complex is a
Red Letter Day for the Jail Inmates of Tihar Jail and Delhi Legal Services Authority.
He said Jail Inmates or their relatives can approach legal aid center for legal aid and
advise.
Justice M.K. Sharma, Chief Justice of Delhi High Court delivered the message
that inauguration of Legal Aid & Counselling Centre of Delhi Legal Services
Authority in Tihar Jail Complex is a most significant day in the history of
administration of justice in Delhi. He said that jail inmates need not to go elsewhere
to seek legal aid & advise, as the same will be available in the premises of the jail.
Justice Ashok Bhan, Judge, Supreme Court of India & Executive Chairman,
National Legal Services Authority delivered the message that the jail inmates have
right to know their legal rights and can approach Legal Aid & Counselling Centre in
Tihar Jail for legal aid & advice. He appreciated the concept of plea-bargaining as an
instrument of restoration of social harmony and elimination of enmity between the
parties and apprised the jail inmates about plea-bargaining and its legal implications
in simple Hindi.
Justice Manmohan Sarin, Judge, High Court of Delhi & Chairman, High Court
199
Legal Services Committee delivered the message that this is the most significant day
for the Tihar Jail because Legal Aid & Counselling Centre has been opened in the
biggest jail of country to give effect to human rights of under-trial and convicted jail
inmates. He said that this Centre will provide Legal Services Advocates to the poor,
illiterate and helpless jail inmates who cannot engage lawyer to defend them due to
economic disabilities.
(d) Legal Awareness Programmes on the Conclusion of 1st Ever Adalat on Plea
Bargaining and Release of Booklet on Plea Bargaining at Tihar Jail
Delhi Legal Services Authority organized a Legal Awareness Programme on the
“Conclusion of 1st Ever Adalat on Plea Bargaining and Release of Informative
Booklet on Plea Bargaining” on 21 July, 2007 at Central Jail No. 4, Tihar, New Delhi.
Justice Arijit Pasayat, Judge, Supreme Court of India was the Chief Guest of the
Programme. He released the Informative Booklet on “Plea Bargaining: A New
Beginning”.
Justice T.S. Thakur, Judge, High Court of Delhi & Executive Chairman, Delhi
Legal Services Authority delivered the message that Delhi Legal Services Authority is
the first Authority of the country which has organized special adalat in the jail
premises on Plea Bargaining in accordance with the new chapter inserted by way of
Criminal Law Amendment Act, 2005 and announced that out of 400 willing and
eligible jail inmates seeking plea bargaining in their cases, 308 jail inmates have been
released by the first Special Adalat on plea bargaining from 14 and 21 July, 2007.
Justice M.K. Sharma, Chief Justice, High Court of Delhi & Patron-in-Chief,
Delhi Legal Services Authority delivered the message that such special adalats on
plea bargaining will be organized periodically so that willing and eligible jail inmates
can avail benefit of Plea Bargaining and re-integrate in mainstream of society.
Justice Arijit Pasayat, Judge, Supreme Court of India delivered the message
that the objective of the Plea Bargaining is to provide an opportunity to an offender to
become a good human being and benefit the society. He appreciated that 300 under
trial jail inmates have been released by special adalats on Plea Bargaining. He
200
delivered the message such special adalats must be organized periodically so that
figure of 300 may rise to 3,000.
Justice Manmohan Sarin, Judge, High Court of Delhi and Chairman, Delhi High
Court Legal Services Committee delivered the message that the concept of Plea
Bargaining is a noble step to ensure that an accused can join main stream of the
society and lead a respectable life.
On this occasion, jail inmates performed cultural programmes and a skit on Plea
Bargaining which was highly appreciated by Justice Arijit Pasayat.
(e) Legal Awareness Programme on Traffic Rules & Regulations at Indoor
Stadium, Talkatora Gardens
Delhi Legal Services Authority in association with Delhi Traffic Police, New
Delhi Municipal Council and Delhi Transport Corporation organized a Legal
Awareness Programme on “Traffic Rules & Regulations and Drawing and Painting
Competition” for school children on 1 September, 2007 at Indoor Stadium, Talkatora
Garden, New Delhi, a prelude to Mega Traffic Lok Adalat held on 8 and 9 September,
2007, under the directions of Arrears Committee of Supreme Court of India, headed
by Justice S.B. Sinha, Judge, Supreme Court of India for settlement of Traffic
Challans Cases in four District Court Complexes & 21 Courts of Special Metropolitan
Magistrates in Delhi.
Chief Minister of Delhi Smt. Sheila Dixit launched the Legal Awareness
Programme on Traffic Rules & Regulations and flagged off 100 taxis & autos
carrying the message on Road Safety and Mega Traffic Lok Adalat.
On this occasion, Delhi Traffic Police organized an exhibition of posters on
traffic rules & regulations and distributed informative material on Road Safety Rules
to the school children. Disaster Management Vehicle, Speed Radar System, Placards
and billboards carrying messages on traffic norms and guidelines were displayed to
create awareness among the school children. Judges of district courts, officers of
Delhi Traffic Police, 4000 students of schools, 200 teachers & 50 NGO’s participated
in the Programme. Justice T.S. Thakur, Judge, High Court of Delhi & Executive
201
Chairman, Delhi delivered the message to the student community that they are future
motorists and they must obey the traffic rules & regulations.
Justice M.K. Sharma, Chief Justice, High Court of Delhi & Patron-in-Chief,
Delhi Legal Services Authority delivered the message to the future motorists that they
have a very important role to play and asked them to carry the message to all
households in Delhi that traffic rules must be obeyed and maintained at all cost.
Smt. Sheila Dikshit, Chief Minister of Delhi delivered the message that
everyone should drive the vehicle in line and lane and pedestrians should cross the
road in safe manner and there shall be no accident in Delhi, if we walk and drive
safely.
School students performed, cultural programmes and street play on traffic rules
and regulations. Prizes were distributed to the winners of drawing & painting
Competition by Smt. Sheila Dikshit, Chief Minister of Delhi; Justice M.K. Sharma,
Chief Justice, High Court of Delhi & Patron-in-Chief, Delhi Legal Services
Authority; Justice T.S. Thakur, Judge, High Court of Delhi & Executive Chairman,
Delhi Legal Services Authority.
(f) Legal Awareness Programme in international Trade Fair at Pragati Maidan
Delhi Legal Services Authority set up a stall at Delhi Pavilion in the India
International Trade Fair 2007 at Pragati Maidan during the period from 14 November
to 27 November, 07 and created legal awareness about availability of free and
competent legal services from the authority and various legal aid programmes
implemented in Delhi. Delhi Legal Services Authority distributed informative
material to spread Legal Awareness about contract labour, child labour, domestic
violence, lok adalat and statutory functions of Delhi Legal Services Authority. 15,000
pamphlets and 2000 booklets on various subjects as aforesaid were distributed. Legal
awareness programme organized by Delhi Legal Services Authority received
overwhelming response and highly appreciated by the visitors.
(g) Symposium on “Child Labour – Moral & Legal Conflicts” at Guru Gobind
Singh Indraprastha University
202
Delhi Legal Services Authority in association with University School of Law &
Legal Studies, Guru Gobind Singh Indraprastha University organized a symposium
on “Child Labour – Moral & Legal Conflicts” on 17 November, 2007 at Auditorium,
Guru Gobind Singh Indraprastha University, Kashmere Gate, Delhi with the objective
to create awareness of the laws forbidding child labour amongst organized and
unorganized sectors where maximum children reported to be employed.
Officers of Labour Department, Department of Social Welfare and Delhi Police,
former child labourers, office bearers of market associations of gold smith, zari, hotel
industry, readymade garments and college students, 20 non governmental
organizations and resident welfare associations participated in the symposium.
One student from each of 20 colleges participated in the symposium. One
representative of each of 8 market associations of goldsmiths, jewellers, readymade
garments and zari industry and three Children who were formerly child labourers
voiced their views. Prizes were distributed to the frontrunner students who
participated in the symposium by Justice Dalveer Bhandari, judge, Supreme Court.
Symposium was concluded with vote of thanks by Sh. Afzal Wani, Dean, School of
Law & Legal Studies, Guru Gobind Singh Indraprastha University.
(h) Legal Awareness Programme and Health Mela at Rohini Court Complex
Delhi Legal Services Authority and Delhi High Court Legal Services
Committee organized a legal awareness programme and Health Mela from 18
November to 22 November, 2007 at Rohini Court Complex, New Delhi. Mobile Van
of the Authority visited the areas around the said court complex and distributed about
2000 booklets and 4000 pamphlets among the local public and thereby disseminated
information about the availability of legal services at the said court complex.
(i) Legal Awareness Programme at Tyag Raj Stadium:
Delhi Legal Services Authority organized a legal awareness programme for
building and construction workers on 23.11.07 at Tyag Raj Stadium, I.N.A, New
Delhi. Chief Minister, Delhi inaugurated the programme. Delhi Legal Services
203
Authority created awareness of labour laws among building and construction workers
and distributed about 400 pamphlets to make them aware of their rights and remedies
available under the law.
(j) Seminar on Domestic Violence at Vigyan Bhawan
Delhi Legal Services Authority in association with Bar Council of Delhi
organized a seminar on “Domestic Violence” on 15 December, 2007 at Hall No. 6,
Vigyan Bhawan, New Delhi to discuss the key issues relating to enforcement and
implementation of the Protection of Women from Domestic Violence Act, 2005.
Justice R.V. Raveendran, Judge, Supreme Court of India was the Chief Guest in
the Seminar. He inaugurated the seminar and released the booklet on ‘Domestic
Violence’ prepared by Delhi Legal Services Authority.
The seminar comprised of three sessions, Inaugural Session, Session–1: Legal
Intervention in domestic violence, Session II: Prevention of Domestic Violence.
Judges of High Court of Delhi, Chairperson of Delhi Commission for Women,
Eminent advocates of High Court of Delhi and prominent Non-Governmental
Organizations deliberated upon key issues relating to implementation and
enforcement of the Act and made precious suggestions and recommendations for
making the Act effective.
In his inaugural address, Justice R.V. Raveendran, Judge, Supreme Court of
India emphasized the need of trained and sensitive Protection Officers, Judicial
Officers, adequate infrastructure for protection officers and change of mindset of the
society and made valuable suggestions for the proper and effective implementation of
the Act.
Justice M.K. Sharma, Chief Justice, High Court of Delhi & Patron-in-Chief,
Delhi Legal Services Authority expressed concern about the prevalence of domestic
violence in the society and elaborated the reasons of its existence.
204
Justice T.S. Thakur, Judge, High Court of Delhi & Executive Chairman, Delhi
Legal Services Authority highlighted the need for organizing the seminar on domestic
violence. He recommendations made during the deliberation were to be forwarded to
concerned authorities for effective implementation of the Protection of Women from
Domestic Violence Act.
Justice Manmohan Sarin, Judge, High Court of Delhi & Chairman, Delhi High
Court Legal Services Committee emphasized the significance of counselling in the
resolution of disputes relating to domestic violence.
Judges of district judiciary, legal services advocates, officers of Delhi police,
protection officers, service providers and representatives of eminent non-
governmental organizations had participated in the seminar.
(k) Seminar on Female Foeticide at Vigyan Bhawan
Delhi Legal Services Authority in association with government of NCT of Delhi
(Directorate of Family Welfare) organized a seminar on “Female Foeticide” on 16 th
December, 2007 at Hall No. 6, Vigyan Bhawan, New Delhi to discuss medico-legal
issues relating to the implementation and enforcement of the Pre-Conception and Pre-
Natal Diagnostic Techniques (Prevention of Sex Selection) Act, 1994.
Smt. Sheila Dikshit, Chief Minister of Delhi was the Chief Guest on this
occasion. Chief Guest inaugurated the Seminar and released the booklet on “Stop
Female Foeticide”.
The Seminar was divided into 4 Sessions i.e., Inaugural Session, Session – I,
Session – II and Valedictory Session. Judges of High Court of Delhi, Principal
Secretary (Delhi Health Services), Director, Directorate of Family Welfare and
eminent advocates of High Court of Delhi deliberated upon medico-legal issue
relating to the implementation of the Act and made valuable suggestions and
recommendations for the proper & effective implementation of law forbidding sex
selection and female foeticide.
Judges of the district judiciary, officers of Directorate of Family Welfare,
officers of Delhi Health Services, representatives of leading hospitals of Delhi and
205
radiologist association, officers of Delhi Police and non-governmental organizations
espousing the cause of women empowerment participated in the Seminar.
In the Inaugural Session, Mr. Justice T.S. Thakur, Judge, High Court of Delhi &
Executive Chairman, Delhi Legal Services Authority emphasized the need of
associating non-governmental and governmental organizations in spreading
awareness of the legislative measures to prevent female foeticide in the society. He
expressed hope that suggestions and deliberations of the seminar would eventually
help the Authority in achieving the objectives underlying the legislation.
Justice M.K. Sharma, Chief Justice, High Court of Delhi and Patron-in-Chief,
Delhi Legal Services Authority emphasized the need of immediate steps to prevent
the declining Child Sex ratio of females. He expressed hope that the seminar will
discuss various facets of the problem of female foeticide and will find some practical
solutions to the problem adversely affecting demographic composition.
Smt. Sheila Dikshit, The Chief Minister of Delhi assured that the government
will effectively implement the law and informed about LADLI scheme implemented
by government of Delhi to encourage girl child education.
In the Valedictory Session, Justice T.S. Thakur, Judge, High Court of Delhi and
Executive Chairman, Delhi Legal Services Authority kindly presented the summary
of the seminar deliberations and delivered concluding remarks.
Justice M.K. Sharma, Chief Justice, High Court of Delhi and Patron-in-Chief,
Delhi Legal Services Authority delivered the message that whatever have been learnt,
deliberated and discussed must be carried to every stakeholder and announced
holding of a training programme for the protection officers and other key
functionaries under the Protection of Women from Domestic Violence Act.
His Excellency Sh. Tejendra Khanna, Lieutenant Governor of Delhi assured
strict implementation of law prohibiting the practice of female foeticide.
A signature campaign to stop female foeticide was also initiated and dignitaries,
esteemed guests and august participants endorsed their views thereon. A multi media
presentation on ‘Stop Female Foeticide’ was also shown. Seminar was concluded
with vote of thanks by Justice Mukul Mudgal, Judge, High Court of Delhi.
206
(l) A Talk on the Indian Experiments for Improving “Access to Justice”
Delhi Legal Services Authority organized a talk on India Experiments for
improving Access to Justice” on 22 January, 2008 at conference room, Tis Hazari
Courts, Delhi.
Justice T.S. Thakur, Judge, High Court of Delhi & Executive Chairman, Delhi
Legal Services Authority delivered the Welcome Address. He emphasized that new
techniques must be innovated to enhance the disposal of cases at pre-litigation and
pending litigation stage through Lok Adalats and other modes of ADR. He
highlighted the figures of disposal of Sunday Lok Adalats and Mega Traffic Lok
Adalats during the period 1.1.07 to 31.12.07. Power point presentation of statistical
information of disposal of cases through Lok Adalats was also made on this occasion.
Justice M.K. Sharma, Chief Justice High Court of Delhi & Patron-in-Chief,
Delhi Legal Services Authority delivered the keynote address. He delivered the
message that Delhi Legal Services Authority is promoting alternate dispute
mechanism by organizing lok adalats not only to enhance the disposal at pre-litigation
and pending litigation stage but also to reduce the arrears of cases pending before the
courts. He delivered the message that all efforts will be made to provide inexpensive,
informal and quicker justice to the parties.
Sh. Marc Galanter, Professor of Law from United States presented his views for
improving Access to Justice in Indian context and emphasized the need to explore the
ways and means to enhance the disposal of cases.
Justice Manmohan Sarin, Judge, High Court of Delhi & Chairman, Delhi High
Court Legal Services Committee delivered vote of thanks. He emphasized on the
need to develop the concept of mediation as a form of ADR mechanism and to
involve all the stakeholders in making it a success.
On this occasion, certificates of appreciation were distributed by Judges of High
Court of Delhi to judicial officers and officials who have made First Mega Traffic
Lok Adalat held on 8 – 9 September, 2007, a grand success.
207
(m) Training Programme on Protection of Women from Domestic Violence, 2005
at V. K. Krishna Menon Bhawan, Bhagwan Dass Road, New Delhi
Delhi Legal Services Authority organized a Training Programme on “Protection
of Women from Domestic Violence” for Metropolitan Magistrates, Police Officers,
Protection Officers and Service Providers on 2 & 3 February 2008 at V.K. Krishna
Menon Bhawan, Bhagwan Dass Road, New Delhi to equip the key functionaries
under the Protection of Women from Domestic Violence Act, 2005 with the
knowledge, skills and attitude necessary to discharge functions under the said Act and
to enhance their efficiency qualitatively and quantitatively through systemic
instructions.
Justice Ashok Bhan, Judge, Supreme Court of India & Executive Chairman,
National Legal Services Authority was the Chief Guest on this occasion. He
inaugurated the Training Programme and released the booklet “Report and
Recommendations on Domestic Violence”
Justice T.S. Thakur, Judge, High Court of Delhi & Executive Chairman, Delhi
Legal Services Authority delivered the welcome address. He highlighted the need of
organizing training programme for Protection Officers, Police Officers, Service
Providers and NGOs. He said that the training programme has been organized to
train and sensitize the key functionaries about their roles and procedure to deal with
complaints of domestic violence under the Act.
Justice M.K. Sharma, Chief Justice, High Court of Delhi and Patron-in-Chief,
Delhi Legal Services Authority delivered the message that training programme will
enable the key functionaries under the Act to perform their duties properly under the
Act and effectively implement the provisions of the Act.
Justice Ashok Bhan, Judge, Supreme Court of India delivered the inaugural
address. He appreciated that important subjects have been chosen for the training and
it will enable the agencies to understand their roles under the Act. He delivered the
message that domestic violence can only be eliminated by changing the mindset of
society and proper implementation of the provisions of the Act.
208
Domestic Violence True Meaning and Scope—
In Training Session I: Justice A. K. Sikri, Judge, High Court of Delhi elaborated
salient features of the Protection of Women from Domestic Violence Act and role of
various authorities under the Act. Justice Manju Goel (Retd.) Judge, High Court of
Delhi made a power point presentation on the topic of the session and clarified the
ambit and scope of key expressions under the Protection of Women from Domestic
Violence Act, 2005.
In Training Session II: Justice Hima Kohli, Judge, High Court of Delhi
enumerated the duties of Protection Officers in the implementation of the Protection
of Women from Domestic Violence Act, 2005. Sh. Prem Kumar, advocate
highlighted the duties and functions of the Protection Officers and significance of
domestic incident report including procedure to be followed on receiving complaint
of domestic violence.
In Training Session III: Justice G. S. Sistani, Judge, High Court of Delhi
highlighted the role of the police in the enforcement of the Protection of Women from
Domestic Violence Act, 2005. Sh. G. P. Thareja, advocate elaborated the duties of the
police officers on receiving the complaint of domestic violence.
In Training Session IV: Prof. M. Afzal Wani, School of Law & Legal Studies,
Guru Gobind Singh Indraprastha University enumerated the role of the services
providers under the Protection of Women from Domestic Violence Act, 2005 and
duties as well as qualities of the good counsellor and family expert in cases relating to
domestic violence.
In Training Session V: Justice Gita Mittal, Judge, High Court of Delhi delivered
an insightful address on the role of the magistrates in effective implementation of the
Protection of Women from Domestic Violence Act. Sh. Sanjay Sharma, Project
Officer, Delhi Legal Services Authority made a presentation on the duties of the
Magistrates under the Protection of Women from Domestic Violence Act.
In Training Session VI: Justice S. N. Dhingra, Judge, Delhi High Court
highlighted the problems and challenges in the implementation of the Protection of
Women from Domestic Violence Act, 2005. Ms. Jayshree Raghuraman, Secretary,
209
Department of Social Welfare highlighted steps taken by Department of Social
Welfare for effective implementation of the Act. Ms. Rashmi Singh, Joint Director,
Official on Special Duty convergence, Department of Social Welfare presented her
views on the subject.
In Valedictory Session: Justice T.S. Thakur, Judge, High Court of Delhi &
Executive Chairman, Delhi Legal Services Authority delivered concluding remarks
on the training programme. Justice Rekha Sharma, Judge, High Court of Delhi
delivered the valedictory address.
In all Sessions, participants actively participated in interactive sessions. Judicial
Officers, Protection Officers, Police Officers, Service Providers and Prominent and
leading NGOs espousing the cause of women in participated the training programme.
(n) Inauguration of the Central Office of Delhi Legal Services Authority and
Commencement of Daily Lok Adalat at Patiala House Courts, New Delhi
Justice Ashok Bhan, Judge, Supreme Court of India & Executive Chairman,
National Legal Services Authority inaugurated the Central Office of Delhi Legal
Services Authority and commenced Daily Lok Adalats at First Floor, Pre-Fab
Building, Patiala House Courts, New Delhi on 18 February, 2008.
Justice T. S. Thakur, Judge, High Court of Delhi & Executive Chairman, Delhi
Legal Services Authority delivered the welcome address. He delivered the message
that Legal Services Authorities discharges pivotal functions. He hoped that with the
opening of new Central Office at Patiala House Courts, Delhi Legal Services
Authority will be in a position to provide quality services to beneficiaries and
maximize the benefits of legal aid programmes like legal aid and lok adalats etc. He
announced that Daily Lok Adalat has been commenced so as to provide a regular
forum for settlement of cases at pre-litigation and pending litigation stage.
Justice M. K. Sharma delivered keynote address. He said that new office of the
Authority has adequate space and facilities for better performance and service. He
delivered the message that Daily Lok Adalat has been commenced to provide
informal, inexpensive and quicker justice to the parties.
210
Justice Manmohan Sarin, Judge High Court of Delhi & Chairman, High Court
Legal Services Committee delivered keynote address. He delivered the message that
mediation and lok adalats have now become a regular feature in Delhi.
Justice Ashok Bhan, Judge, Supreme Court of India & Executive Chairman,
National Legal Services Authority appreciated the performance of lok adalats
organized by Delhi Legal Services Authority. He expressed concern over huge
pendency of cases before courts and delivered the message that lok adalats and other
modes of Alternate Dispute Resolution Mechanism can effectively supplement the
existing legal system and help in reduction of arrears of cases pending before courts.
(o) Women’s Day Celebration at India Gate Lawns
Delhi Legal Services Authority has been celebrating International Women’s Day
every year with mass participation of women from all over Delhi. Authority
celebrated International Women’s Day in association with Delhi Commission for
Women and Non-Governmental Organizations in Delhi on 7 March, 2008 at India
Gate Lawns.
On this occasion, the Authority installed two stalls to showcase and highlight
the services available to the women/other beneficiaries. Delhi Legal Services
Authority also distributed around 20,000 pamphlets to various visitors and
participants at the fair. Besides this, legal advise was also given by the Counsellors to
the 200 participants.
The mobile van of the Authority with counsellors was also available to give
legal advice to the participants. The Docu-drama and audio and video CDs prepared
by the Authority were displayed to spread awareness about its functions and activities
among the masses. The following Pamphlets were distributed on the occasion:
1. Aims & Objectives of Delhi Legal Services Authority.
2. Criteria for Free Legal Aid.(Hindi)
3. Dowry I (Hindi)
4. Dowry II (Hindi)
5. Female Foeticide (Hindi)
211
6. Child Labour I (Hindi)
7. Child Labour II (Hindi)
8. Sexual Harassment at Work Place I (Hindi)
9. Sexual Harassment at Work Place II (Hindi)
10. Divorce (English)
11. Rights of Working Women (Hindi)
12. Matrimonial (Hindi)
13. Domestic Violence (Hindi)
14. “WO(W)MAN” Booklet on “Marriage & Divorce”
(p) Legal Awareness Programme at Tihar Jail as a Sequel to International
Women’s Day Celebrations
Delhi Legal Services Authority & Delhi Prisons in association with Venu Eye
Research Institute, Rotary Club of Delhi and Divya Jyoti Jagriti Sansthan organized a
legal awareness programme as a sequel to International Women’s Day Celebration on
11 March, 2008 at Women’s Jail No. 6, Central Jail Tihar, Delhi.
Justice M. K. Sharma inaugurated a Toy Garden for children living with their
mother inmates where number of toys and rides were installed.
Sh. B.K. Gupta, D.G (Prisons) delivered the Welcome Address. Justice M.K.
Sharma and Justice T.S. Thakur, Judge, High Court of Delhi & Executive Chairman,
Delhi Legal Services Authority delivered key note addresses. A Booklet “Umeed” on
rights of women jail inmates was released by Ms. Girja Vyas, Chairperson, National
Commission for Women. An eye check-up camp in association with Venu Eye Centre
was organized in Jail No. 6 on 1 March, 2008 and the spectacles were distributed on
11 March, 2008 by the Judges of High Court. Ehsaas (A Documentary Film) by
Pragaya T.V was screened. A Dance performance-“Parwaz” a flight of freedom was
also performed. The performance of jail inmates was highly appreciated and
applauded by the dignitaries. Judges of the High Court of Delhi interacted with Jail
Inmates.
212
(q) Workshop to Explore Ways and Means to Enhance Disposal of Cases under
Section 138 Negotiable Instruments Act at Judges’ Lounge, High Court of Delhi
Delhi Legal Services Authority organized a workshop to explore ways and
means to enhance disposal of cases under section 138 of Negotiable Instruments Act,
1881 on 31 March, 2008 at Judges Lounge, High Court of Delhi, New Delhi
Justice S.B. Sinha, Judge, Supreme Court of India chaired the workshop. Justice
M.K. Sharma; Justice T.S. Thakur, Judge, High Court of Delhi & Executive
Chairman, Delhi Legal Services Authority; Professor Mohan Gopal, Director,
National Judicial Academy and Mr. G.E. Vahanvati, Solicitor General of India made
precious suggestions and recommendations to expedite the disposal of cases under
section 138 of Negotiable Instruments Act.
Judges of High Court of Delhi, District & Sessions Judge, Registrar General,
Registrar (Vig.), Chief Metropolitan Magistrate, ACMMs, senior officers of various
banks and financial institutions were also present.
The distinguished gathering shared their views and suggestions for the
improvement of disposal of the cases under section 138 of Negotiable Instruments
Act, 1881 which has almost choked the entire justice delivery mechanism particularly
in Delhi and it was decided that all the participants and representatives from the
banks/financial institutions shall give their suggestions in writing within a week to
Delhi Legal Services Authority which shall compile the same along with suggestions
and views put forth by the Hon’ble Judges as well as the Solicitor General and
Professor Mohan Gopal and thereafter another meeting will be called with a select
group and representatives of the banking companies and financial institutions having
sufficient time at their disposal to devise a pragmatic and workable plan.
(r) Question Base Finalization for Citizen Relationship & Grievance Management and Call Centre ProjectDelhi Legal Services Authority in response to “Question Base Finalization for
Citizen Relationship & Grievance Management and Call Centre Project” of
Government of NCT of Delhi has uploaded the material information on the website of
Department of Information Technology relating to its functions and legal aid
213
programmes.
10) Legal Awareness Programmes on Plea Bargaining in Jails
Delhi Legal Services Authority organized legal awareness programmes in all
jails in Central Jail, Tihar and Rohini to popularize and create awareness of the
concept of Plea Bargaining among under trial Jail Inmates.
Project Officer of Delhi Legal Services Authority addressed the workshops and
apprised the under trial jail inmates about the concept of the plea-bargaining, its
advantages and legal implications in simple Hindi. Jail Superintendents and Welfare
Officers also attended the workshops. Pamphlets and handbills on Plea Bargaining
were distributed among under trial jail inmates in each jail.
Approx. 1200 under trial prisoners expressed their willingness to avail the
concession of Plea Bargaining in their cases as per list furnished by Delhi prisons.
Thereafter, Delhi Legal Services Authority organized training workshops for Jail
Visiting Advocates to appraise them about the concept of Plea Bargaining, Step by
step procedure to be followed for the implementation of the concept, safeguards
available under the law to the accused and the advantages of the Plea Bargaining to
the under trial prisoners.
The Authority organized workshops in each jail for preparation of the
applications and affidavits of the willing and eligible under trial jail inmates for plea
bargaining in their cases and forwarded the applications to the Office of Chief
Metropolitan Magistrate for listing before Special Adalats on Plea Bargaining.
11) Special Adalats on Plea Bargaining
Delhi Legal Services Authority is perhaps the first in the country to have taken
the initiative to organize Special Adalats on Plea Bargaining introduced by way of
amendment in the Code of Criminal Procedure. Special adalats on Plea Bargaining in
association with High Court of Delhi and Delhi Prisons were organized in Tihar Jail
Court Complex. Consequent to the efforts made by Delhi Legal Service Authority in
creating awareness of the concept of Plea Bargaining amongst under trial jail inmates
214
and advocates of the Bar Associations of Delhi particularly Legal Services Advocates,
Special Adalats on Plea Bargaining have been nominated in all the Court Complexes
in Delhi to deal with the applications relating to Plea Bargaining and as such, Plea
Bargaining has now become a regular feature in Delhi.
Statistical information of disposal of cases by Special Adalats on Plea
Bargaining is as under.
S. No. Date of Special Adalat No. of Cases
Taken up
No. of Cases
Disposed
1. 14 to 21 July, 2007 400 310
2. 27 and 28 Sept., 2007 210 140
3. 16 and 17 Nov, 2007 112 94
Total 722 544
12) Workshops to train and sensitize the police officers on Alternate Dispute
Resolution Mechanism
Delhi Legal Services Authority has taken initiative for the settlement of the
criminal compoundable cases at pre-litigation stage through the process of
conciliation and organized Lok Adalats to settle disputes at Pre-litigation stage. The
Authority organized workshops to train and sensitize the police officers particularly
investigating officers about the Alternate Dispute Resolution Mechanism devised by
the Authority for the settlement of criminal cases disclosing cognizable and
compoundable offences at Pre-litigation stage through Lok Adalats. Deputy
Commissioners of Police, Assistant Commissioner of Police, Inspectors, Sub-
Inspectors, Assistant Sub-Inspectors and Head Constables attended the workshops.
Project Officer of Authority addressed the workshops and made Power Point
Presentations on Alternate Dispute Resolution Mechanism. Particulars of Training &
Sensitization Programme are as under—
S. No. Date Training and Sensitization Programmes
215
1. 11.07.07 A meeting with 8 ACP’s of respective Police Districts of Delhi
was held at Conference Room, Shaheed Bhagat Singh Place,
New Delhi to discuss the modalities of organizing Lok Adalat
for the settlement of cognizable and compoundable offences at
Pre-litigation stage through the medium of Lok Adalat.
2. 03.09.07 Workshop for Police Officers of North-East District, was
organized at Community Centre, Seelampur, Delhi. 66
Officers of Delhi Police including DCP (North East), 4 ACPs,
14 Inspectors, 28 Sub-Inspectors/ASIs and 20 Head
Constables attended the said workshop.
3. 11.09.07 Workshop for Police Officers of West District was organized
at Home Guard Auditorium, Raja Garden, New Delhi. 145
Officers of Delhi Police including Additional DCP-I (West
District), 8 ACP’s, 24 Inspectors/SHO’s, 20 S.I’s, 30 A.S.I’s
and 60 Head Constables attended the said workshop.
4. 12.09.07 Workshop for Police Officers of Central District was
organized at Conference Hall, DCP Office, Darya Ganj. 24
Officers of Delhi Police including 7 Inspectors/S.H.O.’s & 17
Sub-Inspectors/A.S.I.’s attended the said workshop.
5. 18.09.07 Workshop for Police Officers of East District was organized at
Conference Hall, DCP Office, Krishna Nagar, Delhi. 36
Officers of Delhi Police including Addl. DCP, 2 ACP’s, 13
Inspectors/SHO’s, 10 SI’s, 7 ASI’s and 4 HCs attended the
said workshop.
216
6. 19.09.07 Workshop for Police Officers of New Delhi District was
organized at Conference Hall, DCP Office, Parliament Street,
New Delhi. The workshop was attended by 13
officers/officials of Delhi Police
7. 20.09.07 Workshop for Police Officers of South District was organized
at Conference Hall, C.R. Park Police Station, New Delhi. It
was attended by 41 officers/officials of Delhi Police.
8. 21.09.07 Workshop for Police Officers of South West District was
organized at Conference Hall, DCP Office, Vasant Vihar,
Delhi. It was attended by 44 officers/officials of Delhi Police.
9. 25.09.07 Workshop for Police Officers of North District was organized
at Conference Hall, DCP Office, Civil Lines, Delhi. The
workshop was attended by 39 officers/officials of Delhi
Police.
10. 27.09.07 Training Workshop for Police Officers of North West District
and Outer District at Conference Hall, DCP Office, Ashok
Vihar, New Delhi. The workshop was attended by 54
officers/officials of Delhi Police.
11. 24.10.07 A meeting with 8 ACP’s of each Police District of Delhi was
held at Conference Hall, Permanent Legal Services Clinic,
Shaheed Bhagat Singh Place, Gole Market, New Delhi on
Techniques of improving the functioning of Lok Adalat for
Criminal Compoundable Cases at Pre-litigation stage.
13) Lok Adalat for the settlement of Cognizable and Criminal Compoundable
Cases at pre-litigation stage
A legal awareness programmes was organized at Patiala House Courts, New
Delhi on the commencement of Lok Adalat for settlement of cognizable and
217
compoundable offences at pre-litigation stage on 29th July, 2007 at Patiala House
Court Complex, New Delhi. Justice T. S. Thakur, Judge, High Court of Delhi &
Executive Chairman, Delhi Legal Services Authority graced the occasion. Such Lok
Adalats received overwhelming response from the public and provided inexpensive,
informal and quicker justice to the parties. It helped in maintaining social peace and
family harmony because mostly cases relating to disputes between family members,
neigbourers and businessmen were settled. Information of disposal of criminal
compoundable cases at Pre-litigation stage by Lok Adalats is given below:
S. No. Date of Lok Adalat No. of Cases taken up No. of Cases settled
1. 29.07.2007 265 41
2. 19.08.2007 94 50
3. 07.10.2007 57 49
4. 04.11.2007 41 30
Total 457 170
14) Accreditation of NGO’s and Collaboration with Governmental
Organizations, Bar Associations, Colleges, RWAs etc.
Delhi Legal Services Authority has associated more than 100 Non-
Governmental Organizations as its strategic partners in implementing its Legal Aid
Programmes. It has associated Governmental Organizations like Department of Social
Welfare, Directorate of Family Welfare, Delhi Police, New Delhi Municipal Council,
Department of Labour, Delhi Transport Corporation, Bar Council of Delhi, Bar
Associations, Colleges, Schools, RWAs and Market Associations etc. in organizing
legal literacy programmes on the contemporary social and legal issues like Domestic
Violence, Female Foeticide, Child Labour, Tobacco Control Act and Women
Empowerment etc. mentioned as under—
S. No. Date Legal Literacy Programmes
218
1. 12.04.07 Delhi Legal Services Authority in association with
Manavadhikar Samajik Manch (NGO) organized a legal
awareness programme on “Access to Justice for all” at
Seelampur, North East, Delhi. Mobile Legal Van created legal
awareness by distributing informative material and Counsellor
of the Authority disseminated information about legal aid
programmes and provided legal advise to 50 people of local
community.
2. 14.04.07 Delhi Legal Services Authority in association with Social
Action for Advocacy and Research organized a Legal
Awareness Programme at Delhi Administration Colony, Timar
Pur, Delhi. Project Officer of Delhi Legal Services Authority
created awareness about laws prohibiting child labour and
domestic violence. Cousnsellor informed about availability of
free and competent legal aid and rendered legal advise. Mobile
Legal Services Van distributed pamphlets and booklets on
various legal issues. 500 people of local community attended
the programme.
3. 15.04.07 Delhi Legal Services Authority in partnership with Health
Fitness Trust (NGO) organized a Legal Awareness Programme
on “the Role of Delhi Legal Services Authority and Child
Labour” at G.R.C. Centre, Sudhar Camp, Kalkaji, Delhi.
Project Officer of Delhi Legal Services Authority created
awareness about legislative measures forbidding child labour.
Mobile Legal Services Van and Counsellor rendered legal
advise to 30 people of local community and distributed
publicity material.
219
4. 10.05.07 Delhi Legal Services Authority in association with Action
India (NGO) organized a Legal Awareness Programme on
“How to use the Legal tool of the Protection of Women from
Domestic Violence to empower Women” at 5/27 A, Jangpura
B, New Delhi. Project Officer of Delhi Legal Services
Authority made a presentation of rights and grievance redressal
mechanism under the Protection of Women from Domestic
Violence Act and right of an aggrieved woman to free legal aid
and advise. 50 representatives of 20 NGOs attended the
programme.
5. 18.05.07 Delhi Legal Services Authority in collaboration with
MARG (NGO) organized a seminar on “Strengthening Access
to Justice” at Conference Hall of Delhi Legal Services
Authority, Shaheed Bhagat Singh Place, New Delhi. Justice
(Retd.), D.K. Basu graced the occasion and educated all those
present about the evolution and growth of legal aid movement
in India and significance of the pre-litigation conciliation.
Project Officer of Delhi Legal Services Authority presented an
overview of the Authority and legal aid programmes
implemented in Delhi. 25 Panel Advocates & 15
representatives of MARG attended the programme.
6. 30.05.07 Training Workshop in partnership with Bhagidari Jan Sahyog
Samiti (NGO) and Delhi Government was organized on
“Tobacco Control Act” at Auditorium, India International
Centre, Lodhi Estate, New Delhi. Project Officer of Delhi
Legal Services Authority made a presentation on key features
of the said Act and imparted training to 200 Section Officers
and Enforcement Officers of all the Districts in Delhi about
220
their role in the effective enforcement of the Tobacco Control
Act.
7. 31.05.07 Bhagidari Jan Sahyog Samiti (NGO) in partnership with
Human Foundation and Universal Helpage (India) Trust and
Delhi Government organized a National Seminar on ‘Tobacco
Control Act and Smoke Free Environment’ on the occasion of
“World No Tobacco Day” at Auditorium of India International
Centre, Lodhi Estate, New Delhi. Project Officer of Delhi
Legal Services Authority addressed the Seminar on
International Conventions and Legislative measures in place
for regulating smoking and sale of tobacco and its products. He
emphasized role of educational institutions in creating an
informed and value based society. 100 Principals & Teachers,
50 Students and Social Activists from different States
participated in the programme.
8. 02.06.07 Delhi Legal Services Authority in collaboration with New
Delhi Bar Association and Foundation for Organ Retrieval and
Transplantation organized a Legal Awareness Programme on
“Transplantation of Human Organs Act” at Patiala House
Courts Complex, New Delhi. Project Officer of Delhi Legal
Services Authority delivered welcome address. Mrs. Mamta
Sehgal, Judge Incharge, Patiala House Courts, Mrs. Sangita
Dhingra Sehgal, Member Secretary, Sh.A.K.Sarpal, Officer on
Special Duty, Sh.P.H. Parikh, President, Supreme Court Bar
Association, Sh.Subhash Gulati, President, New Delhi Bar
Assocation and Sh.Jagdeep Vats, Secretary, New Delhi Bar
Association delivered addresses. Dr.Prakash Khanduri, Head of
the Surgery and Transplantation Department,Dr. Neerav Goyal,
221
Head of the Surgery Department, and Mrs.Akantashi Sen
Gupta St. Stephens Hospital, New Delhi addressed on
medical aspects and significance of Organ Donation.
200 Advocates of New Delhi Bar Association attended the
programme.
9. 14.06.07 Legal Awareness Programme in collaboration with Action
India (NGO) was organized on “Role of Delhi Legal Services
Authority in ensuring Justice to Women” at 5/27 A, Jangpura-
B, New Delhi-14. Project Officer of Delhi Legal Services
Authority addressed 30 representatives of prominent NGOs
who attended the said programme.
10. 27.06.07 Delhi Legal Services Authority organized a workshop on
“Strengthening the Association of Delhi Legal Services
Authority and NGO’s” at Conference Room, Shaheed Bhagat
Singh Place, New Delhi. Member Secretary, Officer on Special
Duty and Project Officer of Delhi Legal Services Authority
presented an overview of Legal Aid Programmes implemented
by the Authority and emphasized need of association of NGO’s
with the Authority in reaching out justice to poor and weaker
sections of the society. 25 representatives of 15 NGOs attended
the programme and appreciated the efforts made by Delhi
Legal Services Authority to ensure access to justice to one and
all.
11. 14.07.07 Action India (NGO) in association with Delhi Legal
Services Authority organized a workshop at UN Hall, 55 Lodi
Estate, Delhi to train and sensitize the Protection Officers
appointed by the Govt. of NCT of Delhi under the Protection
222
of Women from Domestic Violence Act, 2005. Project Officer
of Delhi Legal Services Authority addressed the workshop on
the “Role of Delhi Legal Services Authority” under the
Protection of Women from Domestic Violence Act. 40 NGOs,
Protection Officers and Police Officers attended the
programme.
12. 16.07.07 Delhi Legal Services Authority in partnership with
ADARSHILA (NGO) organized a Legal Awareness
Programme “Leading to Light from Darkness” on Domestic
Violence, Female Foeticide and Access to Justice at Lady Irwin
College. Member Secretary disseminated information about
legal aid programmes and right of a woman to get free legal aid
from the Authority. Project Officer made a presentation on
salient aspects of law forbidding domestic violence and female
foeticide. He created awareness about the rights and remedies
available to an aggrieved person. Member Secretary asked
student community to associate with legal aid programmes
undertaken by the Authority. 400 Students had participated in
the programme.
13. 19.08.07 Seminar on “Illicit Drug Abuse Prevention and Control”
was organized by Directorate of Prohibition, Government of
Delhi and Health Fitness Trust (NGO), Narcotics Control
Bureau & UNODC at Delhi Secretariat Auditorium, ITO.
Project Officer of Delhi Legal Services Authority made a
Power Point Presentation on NDPS Act. 200 people
comprising Principals, Teachers, students and prominent NGOs
participated in the Seminar.
223
14. 05.09.07 Bhagidari Jan Sahyog Samiti (NGO) in partnership with
Delhi Legal Services Authority organized a Seminar on the
“Role of Heads of School in the Promotion of Road Safety
Education” at Lecture Hall of India International Centre
(Annexee), New Delhi. Ms. Sangita Dhingra Sehgal, Member
Secretary, Officer on Special Duty and Project Officer of Delhi
Legal Services Authority addressed the Seminar. 100
Principals/ Teachers, 50 Students and Social Activists attended
the programme.
15. 13.09.07 Action India (NGO) in association with Delhi Legal
Services Authority organized a Seminar on “Protection of
Women from Domestic Violence” at Bal Bhawan, I.T.O, Delhi.
Project Officer of the Delhi Legal Services Authority addressed
the Seminar on “Rights and Remedies available to an
Aggrieved Person under the Protection of Women from
Domestic Violence Act”. 1200 women from 40 NGOs known
as Mahila Panchayat Network and different parts attended the
programme.
16. 19.09.07 Adharshila (NGO) in partnership with Delhi Legal
Services Authority organized a Seminar on Gender Issues at
Auditorium, Lady Sri Ram College, East of Kailash, New
Delhi. Member Secretary and Project Officer, Delhi Legal
Services Authority focused on issues relating to gender
discrimination and create awareness about legal Aid
Programmes. College teachers and 300 Students attended the
programme.
224
17. 20.09.07 Amar Holistic Society for Disabled (NGO) opened Free
Eye care centre and launched Road Safety Campaign at Kanti
Nagar, Delhi. Project Officer of the Delhi Legal Services
Authority addressed on Legal Aid Programmes implemented
by Delhi Legal Services Authority and need of observance of
traffic norms by drivers and pedestrians on road. Approx. 100
people of local community attended the programme.
18. 29.09.07 Bhagidari Jan Sahyog Samiti (NGO) in partnership with
Delhi Legal Services Authority organized “Community
Policing Programme” on World Habitat Day 2007 at Talkatora
Indoor Stadium, New Delhi. Justice V.B. Gupta, Judge, High
Court of Delhi was the Chief Guest of the Programme. He
addressed the participants on the “Laws relating to
Empowering of Children & Women”. Member Secretary and
Project Officer of the Authority educated the participants about
the laws empowering women and child. 100 Principals / Vice
Principals / Teachers & 3000 Students of different schools of
Delhi attended the programme.
19. 06.10.07 Health Fitness Trust (NGO) in association with Delhi
Legal Services Authority organized a Legal Awareness Camp
at GRC Centre, MCD Community Bhawan, DDA Flats,
Kalkaji. Project Officer of Delhi Legal Services Authority
created awareness amongst 100 women from local community
about key features of Domestic Violence Act, Dowry
Prohibition Act, Child Labour etc and Legal Aid Programmes
of Delhi Legal Services Authority like free legal aid and
advise, Legal Aid and Counselling Centres etc.
225
20. 06.10.07 Action India (NGO) in association with Delhi Legal
Services Authority organized a workshop on “Developing a
Delhi State Model for Protection of Women from Domestic
Violence Act” at UN Hall, 55 Lodhi Estate, Delhi. Protection
Officers, Police Officers and Service Providers and NGO’s
attended the workshop. Project Officer of Delhi Legal Services
Authority highlighted role of the Legal Services Authorities in
the proper and effective implementation of the Protection of
Women From Domestic Violence Act.
21. 15.11.07 University School of Law and Legal Studies (USLLS),
Guru Gobind Singh Indraprastha University organized a
training programme on “Principles of Law of arrest and Bail”
for Officers of Delhi Police of the rank of Inspectors, SIs and
ASIs. Project Officer of the Authority delivered a lecture on
law & principles governing arrest and grant of bail. Approx. 75
Officers of Delhi Police participated in the training
programme.
22. 01.12.07 Health Fitness Trust (NGO) in partnership with Delhi
Legal Services Authority organized a Seminar on the occasion
of World AIDS Day at Delhi Secretariat, ITO, New Delhi.
Project Officer of Delhi Legal Services Authority made a
power point presentation on NDPS Act and informed the
participants that law prohibits any kind of discrimination
against HIV/AIDS patients. 200 people comprising officers of
Department of Social Welfare, Students, NGOs, representatives
of WHO, UNAIDS & UNICEF participated in the Seminar.
Mobile Legal Van and Counsellor of Authority created legal
226
awareness and distributed pamphlets and booklets on social
and legal issues.
23. 06.12.07 Consumer Club of Miranda House College organized
Consumer Awareness Week at New Seminar Hall. Project
Officer of Delhi Legal Services Authority made a paper
presentation on “Protection of Consumer Rights - Role of
Judiciary”. 100 Students and teachers attended the programme.
24. 9.12.07 The University School of Law & Legal Studies (USLLS),
Guru Gobind Singh Indraprastha University organized a
training Programme for the Officers of Delhi Police. Project
Officer of Delhi Legal Services Authority made a presentation
on “Law of Arrest & Bail: Practical Aspects”. Approx. 75
Officers of Delhi Police of rank of Inspector, Sub-Inspector
and ASI participated in the training programme.
25. 10.12.07 Bhagidari Jan Sahyog Samiti (NGO), Human
Foundation, Delhi State Aids Control Society and Govt. of
Delhi organized a Seminar on International Human Rights Day
at Auditorium of Govt. Girls Senior Secondary School, Gole
Market, New Delhi. Project Officer of Delhi Legal Services
Authority addressed the Seminar on Origin and Growth of Law
of Human Rights and Role of the Legal Services Authorities in
the protection of Human Rights.
26. 06.01.08 The University School of Law & Legal Studies (USLLS),
Guru Gobind Singh Indraprastha University organized a
Training Programme for the Officers of Delhi Police of the
rank of Inspectors and Sub-Inspectors on the Sunday at Guru
Gobind Singh Indraprastha University, Kashmere Gate, Delhi.
227
An Officer of Delhi Legal Services Authority delivered a
lecture on “Law of Arrest and Bail”. Approx. 75 Officers of
Delhi Police of the rank of I / S.I. attended the programme.
27. 09.01.08 National Human Rights Commission organized a Winter
Internship Programme Faridkot House, Copernicus Marg, New
Delhi. An Officer of Delhi Legal Services Authority delivered
a presentation on “Interaction on Legal Aid”. More than 50
Interns of Law Colleges & Human Rights from different State
participated.
28. 23.01.08 Society for Securing Justice (Regd.) celebrated its 13th
Annual Function and 111th Birth Anniversary of Netaji Subhash
Chander Bose’s at Jahangir Puri, Delhi. Member Secretary and
Officer on Special Duty graced the occasion. 250 people from
local Community had participated in the said programme.
29. 17.02.08 North-East District Police in collaboration with Human
Foundation (NGO) organized a workshop on “the role of
various stakeholders under the PCPNDT Act 1994” at
Ambedkar College, Wazirabad Road, Delhi. Project Officer of
Delhi Legal Services Authority made a presentation on
Problems and Recommendations for effective implementation
of PCPNDT Act. 200 people comprising Officers of Delhi
Police, NGOs, RWAs and college students participated in the
workshop.
228
30. 17.02.08 Maa Jwala Ji Darbar Dharmarth Trust (Regd.) organized
its Annual Function at Mahalaxmi Enclave, Karawal Nagar,
Delhi-92. Project Officer of Delhi Legal Services Authority
disseminated information about functions and Legal Aid
Programmes of the Authority. He created awareness about the
right of Women, Child, member of SCs/STs, Disabled persons
and socially and economically weaker sections of Society to
receive free and competent legal aid from the Delhi Legal
Services Authority. Approx. 200 people of local community
attended the programme.
31. 01.03.08 Shape India (NGO) organized a workshop on “legal
rights of women” for Adolescents girls of vocational training
centre at Community Centre, Dakshinpuri, Delhi. Counsellor
of Delhi Legal Services Authority and Mobile Legal Van
created awareness about rights of women and rendered legal
advise to 20 girls. Informative material on various legal and
social issues as well as on various activities of the Authority
was distributed.
32. 05.03.08 Bhagidari Jan Sahyog Samiti and Human Foundation
(NGO) organized a programme on Prevention of Domestic
Violence against women at Ghuman Hera , Najafgarh (rural
area of Delhi). Project Officer of Delhi Legal Services
Authority delivered a lecture on key features of Protection of
Women from Domestic Violence Act and Rights and Remedies
available to the aggrieved person under the Act. Approx 300
women attended the programme.
229
33. 07.03.08 Bhagidari Jan Sahyog Samiti and Human Foundation
(NGO) in collaboration with Guru Gobind Singh Indraprastha
University and Delhi Legal Services Authority organized a
Awareness Programme on Women’s issues on the special
occasion of International Women’s Day 2008 at Vigyan
Bhawan focusing on contemporary issues like Prevention of
Domestic Violence against women, Impact of HIV/AIDS on
women, Impact of Passive Smoking and Use of Tobacco on
Women’s Health and Tobacco Control Act and its enforcement.
Hon’ble Chief Minister of Delhi was the Chief Guest of the
programme. Ld. Member Secretary of Delhi Legal Services
Authority also addressed the participants.
34. 08.03.08 A Workshop on “Domestic Violence Act” was organized
by the North- East District Police of Delhi in collaboration
with Government of NCT of Delhi and Human Foundation
(NGO) on International Women’s Day at Dr. Ambedkar
College. On this occasion, a debate competition of college
students on the theme of the programme was also organized.
Project Officer of Delhi Legal Services Authority made a
Power point presentation on the role of key functionaries under
the Protection of Women from Domestic Violence Act. 200
people comprising college students, representatives of RWAs,
Governmental Organizations & Non-Governmental
Organizations attended the programme.
230
35. 08.03.08 Action India (NGO) organized a workshop on the
Protection of Women from Domestic Violence Act at UNDP
Hall, Lodhi Road, New Delhi. Ms. Justice Manju Goyal, Judge
(Retd.), Delhi High Court focused on Convention for
Elimination of Discrimination against Women. Member
Secretary and Project Officer of Delhi Legal Services
Authority highlighted problems and recommendations for the
effective implementation of the Protection of Women from
Domestic Violence Act. 80 Representatives of NGOs,
Protection Officers, Officers of Department of Social Welfare
& Delhi Police participated in the workshop.
36. 26.03.08 A workshop on proper implementation of the Pre-
Conception and Pre-Natal Diagnosis Techniques (Prohibition
of Sex Selection) Act 1994 was organized by CDMO West
District at Sri. Bala ji Action Medical Institute, FC-34, A4
Paschim Vihar, New Delhi-63. Project Officer of Delhi Legal
Services Authority made a Presentation on Legal Perspective
and intervention to prevent Female Foeticide. 200 participants
comprising Directors, Officers of Directorate of Family
Welfare, Representatives of Resident Welfare Association etc
participated in the programme.
15) Training to College Students and Para Legal Volunteer Workers in Legal Aid
Programmes
Delhi Legal Services Authority imparted theoretical and practical training to law
students, colleges students and para legal volunteer workers in Legal Aid
Programmes. Workshops or training programmes were organized at Conference
Room, Shaheed Bhagat Singh Place, New Delhi. Member Secretary and Project
Officer informed the trainees/interns about aims & objectives of Delhi Legal Services
231
Authority as provided under Section 7 of the Legal Services Authorities Act, 1987
and various legal aid programmes implemented in Delhi. Trainees/Interns were
associated with the activities of the Authority like Legal Aid, Mediation &
Conciliation, Literacy Programmes and Lok Adalats. Particulars of Training
Programmes are given below—
S. No. Date Particulars
1 30.06.07 Workshop for the Law students of Amity Law School, Indraprastha University & Vivekanand Institute of
Professional Studies.
2 30.10.07 Seminar-cum-Training Programme in association with Delhi Competitive and Vocation Studies (NGO) for Para
Legal Workers.
3 12.11.07 Workshop for the students of Gujarat National Law University.
4 26.12.07 Workshop for the students of Lady Irwin College.
5 07.01.08& 09.01.08
Workshop for Law Students of Jamia Millia Islamia University.
6 08.02.0812.02.08
&14.02.08
Workshop for Law students of Campus Law Centre, University of Delhi
7 14.03.08 Workshop for Law Students of Vivekananda Institute of Professional Studies (VIPS)
16) Mobile Legal Services Van
Mobile Legal Services Van of Delhi Legal Services Authority visits various
parts of Delhi like slum areas, unauthorized colonies, industrial areas, colleges and
schools to spread legal literacy and empower citizens with knowledge of their rights
and remedies available to them under the law in its pursuit to create an informed and
knowledge based society. Mobile legal services van is manned by experienced,
232
competent and public-spirited counsellor of the Authority who provides legal aid and
advise. It distributes publicity material like pamphlets, handbills and books prepared
by the Authority on social and legal issues.
Statistical Information of the number of visits of Mobile Legal Services Van and the
number of its beneficiaries during the period 1.4.2007 to 31.03.2008 is as under—
Legal Aid is not a charity, but a constitutional obligation of the state and as such
all legal aid functionaries need to strive and ensure that this constitutional pledge is
fulfilled in its letter and spirit. One must aim to ensure equal justice for all. It is
rather sad that even after fifty years of our independence, the downtrodden and
weaker sections of the society feel handicapped in pursuit of justice and this should
be a matter of concern for all those who are engaged in justice delivery system. The
legal aid functionaries in the country should strive to evolve every possible strategy to
ensure that not even the weakest amongst the weaker sections of the society, living in
233
S.No. Month Total Visit Total Beneficiaries
1. April 11 100
2. May 15 199
3. June 07 111
4. July 01 06
5. August Nil Nil
6. September 09 108
7. October 12 70
8. November 23 3115
9. December 02 171
10. January 06 60
11. February Nil Nil
12. March 09 86
Total 95 4096
the remotest corner of the country, feels that he has to suffer injustice in silence.
Special legal aid schemes for women, children, persons in custody and backward
segments of the society need to be evolved and propagated with utmost sincerity.
Delhi, a hustling and bustling metropolitan city, comprises of seven cities that
were built by different emperors from time to time. Delhi is itself a mini India and
having a cosmopolitan culture, a population which comprises of representatives from
each and every State giving Delhi a multi-dimensional polity. The Legal Services
Authority have thus far provided free and competent legal services to the weaker
sections of the society to ensure that opportunities for securing justice are not denied
to any citizen by reason of economic or other disabilities and they have been
organizing Lok Adalats to secure that the operation of the legal system promised
justice on a basis of equal opportunity. The Legal Services Authorities have thus been
performing their onerous duty and discharging their constitutional responsibility to
ensure that justice is available to all concerned whosoever is in need of the same.
***************
234
CHAPTER 8
CONCLUSION AND SUGGESTIONS
In India, majority of people still live below the poverty line. They find it difficult to
prosecute or defend a case due to high costs involved. Eminent judges of the Supreme
Court and High Courts have many a time emphasized the need for free legal aid to the
poor. The central government, taking note of the need of legal aid for the poor and the
needy, had introduced Article 39A in the Constitution of India in February, 1977.
Thus, in the Directive Principles of the state policy, it is now enshrined that the
central and state governments shall ensure that the operation of the legal system
promote justice on the basis of equal opportunity and shall in particular provide free
legal aid for the poor and ensure that justice is not denied to them for economic
reasons or other disabilities.
One of the key issues facing any legal system is access to justice or more
alarmingly, the incapacity of marginalized or disadvantaged groups to access the legal
system. It is assumed that justice will be available somehow, whenever and wherever
it is required to be dispensed with. However, in this day and age, with a population of
well over a billion, great disparity in legal awareness even with the notion of justice
enshrined within the constitution remains translating into the fact that the majority
does not know what legal aid is, what a court is, what justice means and how it is
administered. The concern of the international community to deal with the obstacles
to access to justice is justified because the oppressed and the wronged that are denied
justice may resort to revolt and violence or helplessly face extinction. The primary
concern of the nations should be to remove the internal obstacles to access to justice
which lie under the cover of power in the hidden forms of lack of understanding the
law, inability to deal with cases, prejudices, amenability to political and other
influences, the taint of corruption and insensitivity to human sufferings. The other
obstructions hampering access to justice in the delicate areas of human relationship
235
and peaceful co-existence which disturb the very fabric of a multicultural society are
racial and religious intolerance, mob violence, extreme poverty, flaws in the legal
system, propaganda of hatred, police brutalities, and they call for a concerted effort of
an enlightened judicial system and the governance that interest of all the citizens to its
heart without searching for cleavages providing ropeways for journey to power. The
neglect in removing obstacles to access to justice is fraught with grave dangers that
may perpetuate strife and miseries thwart all progress and encourage mercenary
activities giving rise to criminal acts of a terrorist nature. The solutions are there
waiting for the will of the state functionaries to bring peace, harmony and prosperity.
People must not only be aware of their rights and remedies, they must believe that the
enforcement of such rights is possible and that they will get adequate remedies.
By enacting the Legal Services Authorities Act and reiterating the entitlement of
legal aid and advice in various other enactments dealing with social justice for
example, Mental Health Act, Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 and Protection of Women from Domestic Violence Act, 2005
etc., the state is now under a statutory obligation to make available “legal service”
which includes “rendering of any service in the conduct of any case or other legal
proceedings”. Judicial pronouncements have only reinforced this view, in case after
case, helping in evolution of the right to free legal aid services as an essential element
of “reasonable, fair and just procedure” vis-à-vis the poor and needy. To make legal
services available to the needy people, efforts should have been made from all four
sides and every corner with great force and impact by involving all the concerned
agencies and units, then only the objective and mandate of legislature behind enacting
the Legal Aid Act shall be fulfilled.
Suggestions to State:-In our country, majority of people still live below the poverty
line. Millions have never attended the school and the society still discriminates on the
basis of religion, race, caste and sex so the traditional approach of providing free legal
aid deserves a change. The state should take necessary steps to deserve a change. The
state should take necessary steps to ensure that legal aid services and other provisions
236
aimed at assisting the poor and weaker sections of the society are implemented. It
must provide sufficient funds, infrastructures, facilities etc. for setting up legal aid
institutions, legal aid service authorities. It must encourage NGO’s who works in the
field of providing legal help to poor, indigent and deserving people. Necessary funds
for those NGO’s who are reliable and genuine must be made available to them but
care should also be taken that the same is fully utilized upon deserving persons and
not is misused. These NGO’s must be given some special incentives and appreciations
so that they could work with rigor force and best to the capabilities.
Special cell and departments should be set up being managed by senior officers,
eminent lawyers and serving judges on its panel to oversee the legal aid activities and
functions to ensure that the benefit of legal aid and service should reach each and
every corner of the country, to remote villages and slum areas and must not remain
only on papers.
State must prepare the panel of advocates who are competent, intelligent and are
keen to serve the poor persons and atleast one such advocate must be attached with
every court so that in case of need his services immediately can be taken.. State must
also clear the bills of those advocates without any delay who are appointed by the
courts as amicus curie so that due to lack of earnings he must not loose interest in the
assigned cases.
Due to changed circumstances and passage of time, some of the provisions of
Legal Aid Act, other legislation and rules may requires necessary amendments,
modifications etc. from time to time and that changes should be incorporated without
any delay so that benefit must go on to all for whom such acts and legislations are
meant for.
Unless the people are made to know their rights, facilities and beneficiary
schemes available to them, till then spirit of Legal Aid Act cannot be fulfilled. Legal
aid programmes should emphasize on legal aid camps, promoting awareness,
mobilizing law teachers and students in the services of weaker sections of the society
by operating legal aid clinics, imparting training especially in tribal and rural areas
inhabited mainly by economically and socially backward classes. In the law courses,
237
it must be made mandatory by the state for aspiring lawyers to help poor people by
giving them advices and other help by associating with different institutions, legal
services authorities, NGO working under the similar fields etc.
State must not adopt rigid approach and must honour the good decisions of
court and must not feel shy to change its policies, rules, law and schemes which are
inconsistent with the beneficial tendencies of poor and down trodden people.
Suggestions to courts and judges:- Courts should also be more humane in day to
day functioning and must come in support of poor persons not only by educating
them of their rights but also by providing them necessary legal services in this regard
in order to equal the balance of justice. It also must encourage and appreciate those
advocates and persons who does legal aid work for poor, jail inmates, women in
distress, children etc. even in their judgment and orders. As and when any case comes
before a court, the sincere effort should be made at first instance and hearing to
ascertain whether the party is duly represented by his or her lawyer or not and if it is
found that he or she had not engaged any lawyer and is not capable to engage due to
poverty or other sound reasons then immediately lawyer from legal aid authority or
amicus curie should be appointed. While holding Lok Adalats, such judges must also
ensure that in the garb of quick disposal of cases, injustice should not allowed to be
caused to such needy and poor person and he must get the relief which he requires
and is entitled to. Effective and constant touch of judges with great masses (certainly
with the permission of higher authorities) especially in legal awareness camps would
automatically make them more human and having sympathetic behaviour. This would
also provide them first hand knowledge and experience of the plights of the poor and
deserving people.
It is found that most of the people still have great faith upon the judicial system
then any other wing of the state but are angry with the judiciary as they are not given
sufficient time to express their grievances and are not provided with sufficient and
reasonable opportunities to put up their views and stands. Patience hearing of such
persons for a reasonable time itself would not only reduce their problems and would
238
satisfy their emotional feelings to some an extent but also would strengthen their faith
in the judicial system. Judges while giving patience hearing to the litigants especially
poor, women, senior citizen etc. would also sometime realize and find out the
solutions of their cases in effective manner. Courts at the first instance should also try
to get the matters settled through ADR mechanism then by deciding on merits
through long traditional trials.
Suggestions to lawyers:- Legal fraternity and eminent lawyers also must spare some
time to help such needy persons free of costs. It must be also made mandatory by
incorporating some changes in Advocates Act asking lawyers for doing pro bono
services by not only giving legal advices to poor persons but also by drafting their
cases and defending them in the court of law. Though money is essential for
livelihood in the society but sometimes money can be sacrificed in order to get
spiritual and emotional satisfaction by helping poor and deserving people. Lawyers
community must also take some stern actions against those fellow colleagues who are
found misusing the funds meant for poor persons, do not take effective care for them
and negligently handle their cases.
Suggestions to Legal Services Authorities:- In Union Territory of Delhi, Delhi
Legal Services Authority has done commendable job as discussed in detail in
previous chapters in providing legal services to various categories of deserving
persons and citizens especially in field of providing legal aid and conducting Lok
Adalats. However, more and more things still have to be done till an ordinary citizen
feels that nothing more is yet required. Such authorities must work with great
dedication, approach persons living in remote areas and create awareness of
availability of legal services available to them. Immediate and quick action on
coming to know about need of such persons must be taken. The directions given in
the Legal Aid Act by the legislature should be strictly and efficiently followed.
Human and sympathetic approach of staff working in such authorities, patience and
careful listening of the grievances of poor and needy persons itself reduces their
239
burden so the staff must be trained in such manner that no one should feel hesitate or
irritate to approach them. The coordination with government agencies, NGOs, law
colleges etc. must be maximum so that such legal services authorities keep on track of
the latest schemes and beneficial legislations and to spread them to all. Frequent
holding of Lok Adalats will not only reduce the burden of the courts but also would
provide free or cheaper legal redressal of the litigations. The strengthening of legal
service, making availability of competent counselors, provisions of quick and
immediate appointment of lawyers to defend or prosecute cases as well as necessary
charges/court fees etc should be the first aim of such authorities. Taking up the
important issues to higher courts through PIL to point out the plights and grievances
of public at large must be encouraged. Setting up conciliations centers, mediation cell
at the doorsteps of each locality and prominent places would encourage more and
more deserving people come close to the courts and other institutions for protection
of their rights and to avoid injustice.
Suggestions to law students and law colleges:- Law institutions and colleges should
not feel that by teaching merely legal provisions to students in class rooms they have
fulfilled their obligations. Such teachings should be practical in nature starting from
the root level and must not be confined in books only. Students under the guidance of
their teachers, officials of legal service authorities, NGO’s etc. must be deputed to
work in the slum areas, remote villages by providing advices and creating awareness
of the rights and beneficial legislations and schemes to the needy persons. Holding of
frequent seminars, conferences, workshops in colleges to create impact in the minds
of the law students who would be future judges, lawyers etc. would be much better
then giving them theoretical knowledge of the availability of legal services. Special
marks, incentives and recognition in public to those students who worked in the
remote areas for creating awareness of law would certainly help the society as more
and more law students would join the mainstream.
240
Suggestions to government agencies, non governmental organizations:- Certain
government departments such as labour department, health department, law
department, child or women commissions etc., must coordinate with other agencies
and NGO’s whose aim must be to approach at the doorstep of every needy person to
find out their problems and solutions. NGO’s can play very big role in the same and
they must utilize funds to the benefit of such poor and needy persons. Government
agencies must also be liberal in giving recognitions of such institutions and NGO’s,
provide them funds and work with their coordination for the upbringing and uplifting
of deserving and needy persons in the legal field and legal services.
Legal aid is not a charity, but a constitutional obligation on the state. All legal
aid functionaries need to strive and ensure that this constitutional pledge is fulfilled in
its letter and spirit. One must aim to ensure equal justice for all. It is rather sad that
even after more than sixty years of our independence, the downtrodden and weaker
sections of the society feel handicapped in pursuit of justice and this should be a
matter of concern for all those who are engaged in justice delivery system. The legal
aid functionaries in the country should strive to evolve every possible strategy to
ensure that not even the weakest amongst the weaker sections of the society, living in
the remotest corner of the country, feels that he has to suffer injustice in silence.
Special legal aid schemes for women, children, persons in custody and backward
segments of the society need to be evolved and propagated with utmost sincerity.
Despite all odds, obstacles and constraints, we can hope that the different legal
services authorities shall become a potent force in realizing the dreams and aspirations
of the founding fathers of the Constitution of India and also the people with whom lies
the sovereign power of the state. Legal awareness will definitely create confidence
among them and will enable to make conscious use of law as an instrument to
safeguard them and their interests.
While working as Member Secretary in Delhi Legal Service Authoirty for more
then three years, I have first hand knowledge and practical experience about the
problems of poor and needy persons and possible solutions of the same. I also found
that in Delhi, legal service authority has done much work as comparison to other state
241
legal service authority. I also feel that my research in this field of providing free legal
aid and some suggestions to improve the facility of legal service will not only help
the persons working in the legal field but also will guide legal faternity and even
ordinary poor persons.
***************
242