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Clinical Research Report
on visit to
Permanent Legal Aid Clinic
Ahmedabad
Submitted bySubmitted bySubmitted bySubmitted by
AKSHAT KHAREAKSHAT KHAREAKSHAT KHAREAKSHAT KHARE
MASTER OF LAWS
GROUP B
2010-2011
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Sir I.M. NANAVATI LAW COLLEGE
ELLISBRIDGE
AHMEDABAD 380006
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C O N T E N T S
Research Objective. . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Concept of Legal Aid. . . . . . . . . . . . . . . . . . . . . . . . . . 5Origin of Legal Aid. . . . . . . . . . . . . . . . . . . . . . . . . . . 7The Legal Aid Clinic . . . . . . . . . . . . . . . . . . . . . . . . . 10The Legal Framework. . . . . . . . . . . . . . . . . . . . . . . . 12Entitlement of Legal Services. . . . . . . . . . . . . . . . . 14Hierarchy of Bodies under the Act. . . . . . . . . . . . . 16 National Legal Services Authority . . . . . . . . . . 17 State Legal Services Authority . . . . . . . . . . . . . 21 District Legal Services Authority . . . . . . . . . . . 23 Taluka Legal Services Authority . . . . . . . . . . . . 24
Practical Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25Case 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25Case 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
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Case 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29Case 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31Case 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Contribution of G.S.L.S.A. . . . . . . . . . . . . . . . . . . . . 34Conclusion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
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Research ObjectiveAs a part of the curriculum of LL.M. studies, we students of Sir I.M. Nanavati Law
College are required to attend Legal Aid Clinic, observe its organizational pattern,
their areas of function, analyse the cases attended by them, the benefits of the
same to the people and their contribution to society, etc; and then submit the
clinical research report.
The Permanent legal aid clinic established at Shahibaugh, near
Duffnala. This permanent legal aid clinic is set up by the Honble Gujarat High
Court under State Legal Services Authority Act. It has its head office at the Gujarat
High Court and all the activities of the legal aid clinic are governed by the Honble
Gujarat High Court. This is a permanent legal aid clinic and here free legal aid is
provided to poor people and other class of people who are qualified to get free
legal aid under the act.
We were given information by Shri Vipul K Pathak Senior Division,
Civil Judge; the project officer of the Legal Aid Clinic on how the legal aid clinic
functions, what are its activities, which people are benefited from legal aid
services, what is their modus operandi. We were given information on how this
clinic was set up and the need for providing legal aid. We got a very practical
knowledge of the working of the legal aid clinic.
We also got an opportunity to see how the legal aid clinic helped
people in solving their disputes and giving them legal advice on their rights under
the constitution. They took up many cases of the people and heard their
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problems and gave them advice on how to resolve their problems. At the legal aid
clinic, an attempt is made to convince both the parties for settlement of their
dispute in an amicable way and find a way out which is beneficial and acceptable
to both the parties. If the parties are not convinced with the proposal of the legal
aid clinic then they can approach the court. The legal aid clinic gives free advice
on how to file a suite and what relief he/she will get in the court. They also
arrange a lawyer who will take their case for free.
The main aim of the legal aid clinic is to help the poor people in getting
justice. The legal aid clinic does not have right to give judgment, it only persuades
and facilitates both the parties to reach a settlement and in case they are unable
to resolve their dispute; then the legal aid clinic gives the person who approached
them advice on the further course of action that he/she can adopt. They explain
him/her rights and how to get justice in the court.
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Concept of Legal AidIt is difficult to imagine a human society without conflicts of interests and thus the
disputes are inevitable. Resolution of disputes is an essential characteristic for
societal peace, amity, comity and harmony and easy access to justice. It is evident
from the history that the function of resolving dispute has fallen upon the
shoulders of the powerful ones. With the evolution of modern States and
sophisticated legal mechanisms, the courts run on very formal processes and arepresided over by trained adjudicators entrusted with the responsibilities of
resolution of disputes on the part of the State. The processual formalisation of
justice gave tremendous rise to consumption of time and high number of cases
and resultant heavy amount of expenditure. The disputes must be resolved at
minimum possible cost both in terms of money and time, so that more time and
more resources are spared for constructive pursuits. Obviously, this led to asearch 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 emergence of alternative dispute resolution has been one of the
most significant movements as a part of conflict management and judicial reform,
and it has become a global necessity. Lawyers, law students, law-makers and law
interpreters have started viewing disputes resolution in a different and divergent
environmental light and with many more alternatives to the litigation. While ADR
is, now, envisioned and ingrained in the conscience of the Bench and the Bar and
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is an integral segment of modern practice. As such, ADR has been, a vital, and
vociferous, vocal and vibrant part of our historical past.
However, the comparison between judicial statistics from differentstates also shows that the litigation rates in various states do not bear a
consistent correlation with their respective population, which indicates that in
some states, a larger proportion of the population has been approaching the
courts as compared to that of other states. A perusal of the pendency figures
indicates that while there are more civil cases filed in developed areas, the
reliance on civil justice system is shockingly low in states such as Bihar, Jharkhand,Chattisgarh, Jammu and Kashmir as well as North-Eastern states. Thus, it is
apparent to note that there is lack of equal access to law and the law remedies
are generally availed by the rich against the poor people.
Thus, there is a need for helping the poor litigants in resolving their
disputes by providing free legal assistance to low income clients, which is
regarded as a divine social service. The Legal Aid is treated as a human right in a
civilized society across the world.
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Origin of Legal AidThe 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.
In Britain, the history of the organised 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. The Universal Declaration of
Human Rights adopted and proclaimed by the General Assembly of United
Nations Organization on 10th
December, 1948 confers obligation on States to
promote respect for rights and freedom by innovating progressive measures in
every sphere of human life. Further, Article 14 on the International Covenant on
Civil and Political Rights, 1966 which has adopted by the General Assembly of
United Nations Organization on 16th
December, 1966 states that in determination
of any criminal charge against him or of his rights and obligations in a suit of law,
every one shall be entitled to a fair public hearing of a competent, independent
and impartial tribunal/court constituted by law. The said article further states that
it is a fundamental right of the accused to be presumed innocent, until proved
guilty to be entitled to minimum guarantees in full equality without any kind of
discrimination.
The Constitution of India provides to secure to all its citizens Justice
social, economic and political. Thus it confers the onus responsibility on the
state to guarantee the justice to the people of the country and overcome the
hurdles in equal access to law and equality before law by enacting laws and
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schemes and amending the same from time to time for speedier delivery of
Justice.
The chronology of the Legal Aid Movement is as under:
1952 - The Govt. of India initiated adducing to the question of Legal aid for the
poor in various conferences of Law Ministers and Law Commissions.
1960 - Guidelines chalked out by the Govt. for Legal aid schemes and legal aid
schemes were floated through Legal Aid Boards, Societies and Law
Departments.
1980 - A Committee known as CILAS (Committee for Implementing Legal Aid
Schemes) constituted at the national level under the Chairmanship of
Hon. Mr. Justice P.N. Bhagwati then a Judge of the Supreme Court of India
to oversee and supervise legal aid programmes throughout the country.
The introduction of Lok Adalats added a new chapter to the justice
dispensation system of this country and succeeded in providing asupplementary forum to the litigants for conciliatory settlement of their
disputes.
1987 - Legal Services Authorities Act was enacted to give a statutory base to Legal
aid programmes throughout the country on a uniform pattern.
1995 - Legal Services Authorities Act was finally enforced on 9th of November,
1995 after certain amendments were introduced therein by the
Amendment Act of 1994.
1995 - National Legal Services Authority Act (NALSA) constituted on 5th
December,
1995.
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1998 NALSA started effective functioning from February, 1998.
2002 New chapter was introduced in Legal Service Authority Act 1987 making
the provision of permanent Lok Adalat possible.
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The Legal Aid ClinicA Legal Aid Clinic is a centre from where legal and para legal services are offered
by professionally trained people to a person with low income for a case whichincludes a suit or any proceeding before a court.The 'legal service' includes therendering 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 Legal Aid Clinic is not merely an agency for legal services to the
people, but also a centre for professional education for the law students.
ObjectiveThe object to constitute the Legal Aid Clinic is to provide free and complete legal
service to the weaker section of the society to ensure to get opportunities for
securing justice are not denied to any citizen by a reason of economic or other
disabilities and to organize Lok Adalats and to ensure that the operation of the
Legal system promotes justice on a basis of equal opportunity to all. The Legal
Aid Clinic after examining the eligibility criteria of an applicant and the existence
of a prima facie case in his favour provide him counsel at State expense, pay the
required Court Fee in the matter and bear all incidental expenses in connection
with the case. The person to whom legal aid is provided is not called upon to
spend anything on the litigation once it is supported by a Legal Services Authority.
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The clinic is actively participating in the actual litigation and making efforts to
resolve the litigation by way of various alternative dispute resolution system. Few
of the litigations solved by the clinic are narrated herein:
Service Matters Maintenance related cases Cases related to bonus and salaries of labourers Disputes relating to property Dispute regarding pension and PPF Cases of forgery and fraud Family Pension Dishonour of cheque Cases relating to matrimonial disputes Unauthorised Construction Money matters, tenancy matters
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The Legal FrameworkThe founding father of our Constitution proclaimed of taking the pledge of
dedication to the service of India and her people by inserting new article 39A in
42nd
amendment in the Constitution of India which provides as follows:
Article 39A - 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 legislations 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.
Civil Procedure CodeConfirming to Article 39 A of the Constitution of India, Section 89 was inserted in
by the Civil Procedure Code (Amendment) Act, 1999 with effect from 1-7-2002
which read as under:
S.89. Settlement of Disputes outside the Court
1. Where it appears to the Court that there exists elements of a settlement which
may be acceptable to the parties, the court shall formulate the terms of
settlement and give them to the parties for their observations and after receiving
the observations of the parties, the court may reformulate the terms of a possible
settlement and refer the same for:
(a) Arbitration;
(b) Conciliation;
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(c) Judicial settlement including settlement through Lok Adalat; or
(d) Mediation
2. Where a dispute has been referred:
(a) For arbitration or conciliation, the provisions of the Arbitration and
Conciliation Act, 1996 shall apply as if the proceedings for arbitration and
conciliation were referred for settlement under the provisions of that Act;
(b) To Lok Adalat, the court shall refer the same to the Lok Adalat in accordance
with the provisions of sub-section (1) of Section 20 of the Legal Service Authority
Act, 1987 and all other provisions of that Act shall apply in respect of the dispute
so referred to the Lok Adalat;
(c) for judicial settlement, the court shall refer the same to a suitable institution
or person and such institution or person shall be deemed to be a Lok Adalat and
all the provisions of the Legal Services Authority Act, 1987 shall apply as if the
dispute were referred to a Lok Adalat under the provisions of that Act;
(d) for mediation, the court shall effect a compromise between the parties and
shall follow such procedure as may be prescribed.
Criminal Procedure CodeThe various criminal issues can be settled by counseling like settlement of
matrimonial dispute, adoption and child care, employment of children and such
other matters affecting family matters.
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Entitlement of Legal ServicesSection 12 of the Legal Services Authorities Act, 1987 prescribes the criteria for
availing legal services to the eligible persons. Section 12 of the Act reads as
under:-
Every person who has to file or defend a case shall be entitled to legal services
under this Act if that person is
(a) a member of a Scheduled Caste or Scheduled Tribe;
(b) a victim of trafficking in human beings or beggar as referred to in Article 23 of
the Constitution;
(c) a woman or a child;
(d) a mentally ill or otherwise disabled person as defined in clause 1 of Section 2
of the person with Disability Act, 1955;
(e) a person under circumstances of undeserved want such as being a victim of a
mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake or
industrial disaster; or
(f) an industrial workman; or
(g) in custody, including custody in a protective home within the meaning of
clause (g) of section 2 of the Immoral Traffic (Prevention) Act, 1956; or in a
juvenile home within the meaning of clause (j) of section 2 of the Juvenile Justice
Act, 1986 or in a psychiatric hospital or psychiatric nursing home within the
meaning of clause (g) of section 2 of the Mental Health Act, 1987; or
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(h) in receipt of annual income less than rupees nine thousand or such other
higher amount as may be prescribed by the State Govt., 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 Govt., if the case is
before the Supreme Court."
The rules have been amended to enhance the income ceiling to Rs.50,000/-
p.a. for legal aid before Supreme Court of India and to Rs.25,000/- p.a. for legal
aid upto High Courts;
A person who satisfy all or any of the criteria specified in Section 12 of the act
shall be entitled to receive legal services provided that the concerned authority is
satisfied that such person has a prima facie case to prosecute or to defend.
Further, an affidavit made by a person as to his income may be regarded as
sufficient for making him eligible to the entitlement of the legal services under
this act, unless the concerned authority has reason to disbelieve such affidavit.
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Hierarchy of Bodies under the ActA nationwide network has been envisaged under the Act for providing legal aid
and assistance. National Legal Services Authority is the apex body constituted to
lay down policies and principles for making legal services available under the
provisions of the Act and to frame most effective and economical schemes for
legal services. It also disburses funds and grants to State Legal Services Authorities
and NGOs for implementing legal aid schemes and programmes.
In every state, a State Legal Services Authority is constituted to give effect to the
policies and directions of the Central Authority (NALSA) and to give legal services
to the people and conduct Lok Adalats in the State. State Legal Services Authority
is headed by the Chief Justice of the State High Court who is its Patron-in-Chief. A
serving or retired Judge of the High Court is nominated as its Executive Chairman.
District Legal Services Authority is constituted in every District to implement Legal
Aid Programmes and Schemes in the District. The District Judge of the District is
its ex-officio Chairman.
Taluka Legal Services Committees are also constituted for each of the Taluka or
Mandal or for group of Taluka or Mandals to coordinate the activities of legal
services in the Taluka and to organise Lok Adalats. Every Taluka Legal Services
Committee is headed by a senior Civil Judge operating within the jurisdiction ofthe Committee who is its ex-officio Chairman.
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Constitution of the National Legal Services AuthorityNational Legal Services Authority was constituted on 5th December, 1995. The
Central Authority shall consist of
a. the Chief Justice of India who shall be the Patron-in-Chief;b. a serving or retired 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
c. Such number of other members, possessing such experience andqualifications, as may be prescribed by the Central Government, to be
nominated by that government in consultation with the Chief Justice of India.
The Central Government shall in consultation with the Chief Justice of India,
appoint a person to be the Member-Secretary of the Central Authority, possessing
such experience and qualifications as may be prescribed by that Government, to
exercise such powers and perform such duties under the Executive Chairman of
the Central Authority as may be prescribed by that Government or as may be
assigned to him by the Executive Chairman of that Authority.
The administrative expenses of the Central Authority, including the salaries,
allowances and pensions payable to the Member-Secretary, officers and other
employees of the Central Authority, shall be defrayed out of the Consolidated
Fund of India.
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Supreme Court Legal Services CommitteeThe Central Authority shall constitute a Committee to be called the Supreme
Court Legal Services Committee for the purpose of exercising such powers andperforming such functions as may be determined by regulations made by the
Central Authority.
The Committee shall consist of
a. a sitting judge of the Supreme Court who shall be the Chairman; andb. such number of other members possessing such experience and qualifications
as may be prescribed by the Central Government to be nominated by the Chief
Justice of India.
The Chief Justice of India shall appoint a person to be the Secretary to the
Committee, possessing such experience and qualifications as may be prescribed
by the Central Government.
After the constitution of the Central Authority and the establishment of NALSA
office towards the beginning of 1998, following schemes and measures have been
envisaged and implemented by the Central Authority:-
(a)Establishing Permanent and Continuous Lok Adalats in all the Districts in thecountry for disposal of pending matters as well as disputes at pre-litigative
stage;
(b)Establishing separate Permanent & Continuous Lok Adalats for Govt.Departments, Statutory Authorities and Public Sector Undertakings for
disposal of pending cases as well as disputes at pre-litigative stage;
(c)Accreditation of NGOs for Legal Literacy and Legal Awareness campaign;
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(d)Appointment of "Legal Aid Counsel" in all the Courts of Magistrates in thecountry;
(e)Disposal of cases through Lok Adalats on old pattern;(f)Publicity to Legal Aid Schemes and programmes to make people aware about
legal aid facilities;
(g)Emphasis on competent and quality legal services to the aided persons;(h)Legal aid facilities in jails;(i) Setting up of Counseling and Conciliation Centers in all the Districts in the
country;
(j) Sensitisation of Judicial Officers in regard to Legal Services Schemes andprogrammes;
(k)Publication of "Nyaya Deep", the official newsletter of NALSA;(l) Enhancement of Income Ceiling to Rs.50,000/- p.a. for legal aid before
Supreme Court of India and to Rs.25,000/- p.a. for legal aid upto High Courts;
and
(m) Steps for framing rules for refund of court fees and execution of Awardspassed by Lok Adalats.
In pursuance of the call given by His Lordship Hon. Dr. Justice A.S. Anand, the
Chief Justice of India in the First Annual Meet, 9th of November is being
celebrated every year by all Legal Services Authorities as "Legal Services Day".
NALSA is laying great deal of emphasis on legal literacy and legal awareness
campaign. Almost all the State Legal Services Authorities are identifying suitable
and trustworthy NGOs through whom legal literacy campaign may be taken to
tribal, backward and far-flung areas in the country. The effort is to publicise legal
aid schemes so that the target group, for whom Legal Services Authorities Act has
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provided for free legal aid, may come to know about the same and approach the
concerned legal services functionaries.
NALSA has also called upon State Legal Services Authorities to set up legal aidcells in jails so that the prisoners lodged therein are provided prompt and efficient
legal aid to which they are entitled by virtue of section 12 of Legal Services
Authorities Act, 1987.
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Constitution of the State Legal Services Authority (SLSA)A State Authority shall consist of
(a)the Chief Justice of the High Court who shall be the Patron-in-Chief;(b)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
(c)such number of other Members, possessing such experience andqualifications, as may be prescribed by the State Government, to be
nominated by that Government in consultation with the Chief Justice of the
High Court.
The State Government shall, in consultation with the Chief Justice of
the High Court, appoint a person belonging to the State Higher Judicial Service not
lower in rank than that of a District Judge, as the Member-Secretary of the State
Authority, to exercise such powers and perform such duties under the Executive
Chairman of the State Authority as may be prescribed by that Government or as
may be assigned to him by the Executive Chairman of that Authority.
A person functioning as Secretary of a State Legal Aid & Advice Board immediately
before the date of constitution of the State Authority may be appointed as
Member-Secretary of that Authority, even if he is not qualified to be appointed as
such under this sub-section, for a period not exceeding five years.
The administrative expenses of the State Authority, including the salaries,
allowances and pensions payable to the Member-Secretary, officers and other
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employees of the State Authority shall be defrayed out of the Consolidated Fund
of the State.
High Court Legal Services Committee
The State Authority shall constitute a Committee to be called the High Court Legal
Services Committee for every High Court, for the purpose of exercising such
powers and performing such functions as may be determined by regulations
made by the State Authority.
The Committee shall consist of
a) a sitting Judge of the High Court who shall be the Chairman; andb) such number of other Members possessing such experience and qualifications
as may be determined by regulations made by the State Authority, to be
nominated by the Chief Justice of the High Court.
Functions of the State AuthorityIt shall be the duty of the State Authority to given effect to the policy and
directions of the Central Authority. 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; andd) perform such other functions as the State Authority may, in consultation with
the Central Authority, fix by regulations.
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Constitution of the District Legal Services Authority (DLSA)A District Authority shall consist of :
a. the District Judge who shall be its Chairman; andb. 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.
The administrative expenses of every District Authority, including the salaries,
allowances and pensions payable to the Secretary, officers and other employees
of the District Authority shall be defrayed out of the Consolidated Fund of the
State.
Functions of the District AuthorityThe District Authority may perform all or any of the following functions, namely:-
a) co-ordinate the activities of the Taluka Legal Services Committee and otherlegal services in the District;
b) organise Lok Adalats within the Districts; andc) perform such other functions as the State Authority may fix by regulations.
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Constitution of the Taluka Legal Services Authortiy (TLSA)The Committee shall consist of
a. the senior Civil Judge operating within the jurisdiction of the Committee whoshall be the ex-officio Chairman; and
b. such number of other Members, possessing such experience andqualifications, as may be prescribed by the State Government, to be
nominated by that Government in consultation with the Chief Justice of the
High Court.
Functions of the Taluka Legal Services CommitteeThe Taluka Legal Services Committee may perform all or any of the following
functions, namely:-
a) co-ordinate the activities of legal services in the taluka;b) organise Lok Adalats within the taluka; andc) perform such other functions as the District Authority may assign to it.
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Practical WorkAs a part of the syllabus for LL.M., we are required to prepare a
report on the legal aid clinic and cases attended by us. We are required to write a
report on at least five cases attended by us at the legal aid clinic. Here I am
writing the five cases attended by me at the legal aid clinic.
Case 1The first case was that by a woman to get maintenance from her husband. The
woman was poor and had two children. Her husband had left the house after
having a quarrel with her. The husband was a worker in a factory. Their marriage
had been for 15 years and now the man had left his house and was staying at a
different house. The woman claims that her husband is having an extra marital
affair and he has left the house so that he can stay with the other woman. The
man says that her wife has been giving her mental torture and she used to quarrel
with him daily and she had a very suspicious nature. She used to allege daily that
he had an affair.
The husband had left his house since one year and was not giving any
maintenance to his wife. The wife had to raise her two children all alone. She had
sold all her jewellery and some items from the house so that she could maintain
herself and both her children. She did not have anything to sell now and was
incapable of maintaining herself.
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The woman approached the legal aid clinic to get help so that she can
get maintenance from her husband. The husband was called to the legal aid clinic
and he was told that he had a duty under the law to give maintenance to his wife;
no matter who was at fault. They also told him that his wife had a legal right to
get maintenance and she can approach the court to get it. The husband said that
he was a poor man and was not able to maintain expenses of two houses. He
further said that he had no problems in staying with her wife again, if she
promises not to quarrel with him for every small matter. The wife said that her
children needed their father and therefore she was willing to stay with her
husband if he promised to stay peacefully with her.
Both husband and wife agreed to co-operate and stay together in the
interest of their children. Therefore the matter was solved peacefully and there
was no need to give maintenance to the wife. The legal aid clinic advised them to
settle their difference and told the wife that if in case her husband does not stay
with her and does not provide maintenance then she can approach the Court to
claim maintenance from her husband and she would be given any further help if
needed.
Hence in this case the matter was solved peacefully with the help of
the legal aid clinic and both the parties did not have to incur huge expenses in
fighting the case in the court.
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Case 2The second case that we saw was that of MACT (Motor Accident Claim Tribunal).
The facts of case are as under.
Mr. X aged 45 was driving a scooter near St. Xaviers College, suddenly
a car (Wagon R) came from behind hit the scooter from behind. As result Xs
scooter slipped and fell on the ground. Xs leg was fractured and his left hand and
leg were severely bruised. X was a small shop owner and due to this injury he
could not go to his shop for a week and therefore he had to suffer a financial loss.
Moreover the expenditure on the repair of the scooter was 2200 Rs. The medical
bill of X amounted to Rs. 2500.
X approached the legal aid clinic for help. It was advised that since it
was completely the fault of the car driver, he can claim compensation for all the
loss that he had to suffer and also for pain that he had to suffer. He was also
advised that he would be given free legal aid and would be provided a lawyer to
fight his case. The lawyer at the clinic advised him that though he had a right to
claim compensation from the court, it would take a long time for the matter to be
disposed in the court.
The lawyer at the clinic advised him and the other party (the car driver)
to settle the matter peacefully. The lawyer advised the car owner to pay him
compensation of Rs. 10000 to X. X agreed to take Rs. 5000 as compensation but
the car owner was willing to pay Rs. 4700 which was the cost of the Scooter repair
bill and the medical bill. He agreed to pay at the most Rs. 5000 only and nothing
more than that. X was not ready to accept only Rs. 5000. The lawyer at the clinic
advised him that he can claim at least Rs. 15000 from the court and if he is not
wiling to accept Rs. 5000 then he can claim compensation from the car driver
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through the court. He also advised that they would engage a lawyer for free for
him who would contest his case.
In this case there could not be a settlement and as a result both the
parties decided to approach the court. X was advised on the future course of
action on how the case would be filed and how much time it would take for
disposal of the case. X was guaranteed full help from the clinic for any problems
regarding this matter. He was also told that there was no guarantee that the court
would grant the full amount of compensation that they have claimed and it may
take two years or even more for the disposal of the case.
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Case 3The third case was that of cheque dishonour. The facts of the case were as below.
Mrs. Y, a 45 year old widow sold her house to Mr. Z. Mr. Z issued a
cheque of Rs. 4 lacks to Mrs. Y on January 17th
2010. Mrs. Y presented the cheque
in the bank for amount to be transferred to her account on 20th
January which
was returned by the bank with the advice funds insufficient. Mrs. Y tried to
contact Z, but he did not receive her call. When Mrs. Y personally went to his
house, she was told that Z had gone out of station.
Mrs. Y approached the legal aid clinic for advice. The clinic advised
Mrs. Y that she has to issue a notice to Z to inform him about the cheque
dishonour and demand from him the amount as per the cheque. The lawyer at
the clinic wrote a demand notice for Mrs. Y and sent the notice to Z through
speed post. The lawyer advised Mrs. Y that if Z does not pay the amount as per
cheque within 15 days of receipt of the demand notice then she can file a criminal
complaint under sec. 138 of Negotiable Instrument Act. He told her that the
complaint has to be filed within one month of completion of the period of notice
and therefore she should immediately come to the clinic after completion of 15
days period if the amount is still unpaid.
The lawyer also advised Mrs. Y that until the amount mentioned in the
cheque is not paid she should not trust any promise made by Z and should file a
complaint. If at later stage, Z makes the payment, then she can withdraw her
complaint. The lawyer told Mrs. Y that she would be provided a lawyer to file a
complaint in the court and she would be given all the necessary legal help if the
other party does not make the payment within 15 days of receipt of the notice.
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This way Mrs. Y got legal aid from the clinic. Her notice was written by
the lawyer present at the clinic.
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Case 4The fourth case was of that of domestic violence. The facts of the case were as
under.
P had come to the legal aid clinic to seek legal help regarding
domestic violence. P alleged that her husband used to beat her up almost daily
after consuming liquor. She said that her husband used to beat her up even if the
salt was little less in the food. P said that she has been tolerating her husband
since four years but now she can not take anymore and therefore she wants that
her husband be punished.
The legal aid clinic called her husband and told him whatever his wife
had complained to them. They asked him whether it was true that he used to
beat her wife daily. Ps husband admitted that he sometimes under the influence
of the liquor lost his cool and beat her. The lawyer at the clinic told Ps husband
that beating his wife was a criminal offence and he can be sent to jailed if proved
guilty. Also he would be punished for consuming liquor which is illegal.
Ps husband said that he would not beat her wife in future and was
ready to apologise to her wife. The lawyer asked P if she was ready to forgive her
husband and was ready to live with him. P agreed to forgive his husband. The
lawyer warned Ps husband that in future if he raised his hand on her wife, he
would be sent to jail. The lawyer advised P that if in future her husband beats her
then she can come to the clinic and can file a complaint against her husband. He
promised that all necessary help would be given o her free of cost if she wants to
file a complaint against her husband.
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This matter was settled with both the parties agreeing to live with each
other. P was promised full legal help in future if she had any problems with her
husband.
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Case 5The fifth case was of bigamy.
A woman named S approached the legal aid clinic. She alleged that her husband
had married another woman and had cheated her. The legal aid clinic called her
husband and asked whether he had married another woman without taking
divorce from her first wife. The husband agreed that he had married another
woman. He said that his wife used to abuse him and used to quarrel with him.
Therefore he left his house married another women. He said that he is giving
maintenance to his wife but he does not want to stay with him.
The lawyer at legal aid clinic told him that he had no right to marry
another woman without obtaining divorce from his first wife. The lawyer told him
that he had committed an offence under the Indian Penal Code and was liable for
punishment. The lawyer advised S that she had a right to file a complaint against
her husband. He told him to give all the necessary legal aid to file a complaint
against her husband and she would be given a lawyer for free to fight her case.
S said that she wants to file a complaint against her husband. She was
explained the procedure to file the complaint. The lawyer explained her that it
was her right to file a complaint against her husband and the clinic will give him
all the necessary help.
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Contribution of Gujarat State Legal ServiceAuthority (G.S.L.S.A.)
The Permanent Legal Aid Clinic working under the Gujarat State Legal Service
Authority has contributed for the attainment of equal justice to all and has
solved 53100 number of cases received in the Permanent Legal Aid Clinic. The
statistical data upto 30.07.2009 is as under:
Sr. No. Category General Cell (A) Women Cell (B)
1. Civil 8085 3188
2. Criminal 2944 3430
3. Maintenance 3762 1717
4. Labour Court 812 40
5. Service Matter 2672 390
6. Pension Matter 1525 428
7. M.A.C.T. Matter 206 55
8. Earthquake Victims 620 24
9. Riot Applicant 38 600
10. Other Applicant 3178 477
11. Central Jail 2043 145
12. Investors 19071 253
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13. Mentally/Physically 59 52
Total 45015 10799
Disposed 42852 10248
Pending 2163 551
Conclusion
To conclude this report in my view, the 24 hours Legal Aid Clinic working under
the Gujarat Legal Services Authority is functioning with complete efficiency. The
legal aid clinic is very helpful in solving the problems of the seekers of Justice. The
legal aid clinic also acts as a mediator between both the parties and helps to bring
an amicable settlement to their problems. If somehow the matter is not solved,
then the clinic also helps the person in filing a suit/complaint and also arranges
for a lawyer who would take up the matter free of cost.
The legal aid clinic is a wonderful step towards achieving equality in
terms of giving justice to everyone irrespective of their financial condition. Legal
aid clinic is doing a very wonderful job of helping needy people to get justice. It is
observed that the expertise people from various fields give their free service to
the clinic for attainment of Justice to the seekers of Justice and re-instate the faith
in the legal system of the country. Daily many cases are solved by the legal aid
clinic and lot of people gets benefited by the legal aid clinic. Thus the clinic
contributes its share to the issues related to human rights and the services to the
