I. M.

NANAVATI LAW COLLEGE

AHMEDABAD

LAW 510PR CLINICAL RESEARCH REPORT

VISIT TO
PERMANENT LEGAL AID CLINIC
(MAFAT KANUNI SALAH KENDRA)
BUNGLOW NO 12,
DAFNALA, SHAHIBAUG, AHMEDABAD 380004

PRESENTED BY

NAME: Shukal Hiral.

Roll No.-

MASTER OF LAW

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1. Introduction
Legal Aid implies giving free legal service to the poor and needy who cannot
afford the services of a lawyer for the conduct of a case or a legal proceeding in
any court, tribunal or before an authority.

The concept of legal aid in the form of Article 39A into our constitutional
framework. Hence, legal aid is not a charity or bounty, but is a constitutional
obligation of the state and right of the citizens. The problems of human law and
justice, guided by the constitutional goals to the solution of disparities, agonies,
despairs, and handicaps of the weaker, yet larger brackets of Bharat’s humanity is
the prime object of the dogma of “equal justice for all”. Thus, legal aid strives to
ensure that the constitutional pledge is fulfilled in its letter and spirit and equal
justice is made available to the downtrodden and weaker sections of the society. It
is the duty of the State to see that the legal system promotes justice on the basis
of equal opportunity for all its citizens. It must therefore arrange to provide free
legal aid to those who cannot access justice due to economic and other disabilities.

Justice Krishna Iyer regards it as a catalyst which would enable the

aggrieved masses to re-assert state responsibility, whereas Justice P.N.
Bhagwati simply calls it “equal justice in action”. But, again the constitution not
being a mystic parchment but a Pragmatic package of mandates, we have to
decode its articles in the context of Indian life’s tearful realities and it is here when
the judiciary has to take center stage.

Time and again it has been reiterated by our courts that legal aid may be
treated as a part of right created under Article 21 and also under Article 14 and
Article 22(1)

Hussainara v. Home Secretary, State of Bihar[1]

Khatri v. State of Bihar[2],

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 Suk Das v. Union Territory of Arunachal Pradesh,[3]

Kishore v. State of Himanchal Pradesh[4].

he apex court has held access to justice as a human right.[ Tashi Delek
Gaming Solutions v. State of Karnataka,[5] thus, imparting life and meaning to law.

2. History of Legal Aid

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.
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.

Since 1952, the Govt. 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 Govt. for legal aid
schemes. In different states legal aid schemes were floated through Legal Aid
Boards, Societies and Law Departments

Legal Aid Schemes were floated through Legal Aid Boards, Societies and
Law departments in various states in the Country. In 1980, a national committee
was constituted, under the chairmanship of Honorable Mr. Justice P.N Bhagwati
then a judge of the Supreme Court of India to oversee and supervise legal Aid
programs throughout the country. This committee came to be known as CILAS
(Committee for Implementing Legal Aid schemes) and started monitoring legal
Aid activities throughout the country. The introduction of Lok Adalats added a

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new chapter to the Justice Dispensation system of this country and succeeds in
providing Supplementary forum to the litigants for conciliatory settlement of their
disputes. 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 the legal
system programs throughout the country and bring about a uniform pattern. This
Act was finally enforced on the 9th of November, 1995 after certain amendments
were introduced therein by the Amendment Act of 1994. .

Contributions Made By Justice V.R.Krishna Iyer To The Development Of

Legal Aid - ‘Processionals Justice To Poor’- A Report

The contribution of justice Krishna Iyer towards the development and

incorporation of the concept of legal aid in the Indian legal system has been
tremendous. His report titled Processionals justice to poor’ has gone a step further
in enabling the recognition of the poor for the purpose of giving legal aid.

In a report on Free Legal Aid in 1971. Justice Bhagwati observed " even
while retaining the adversary system, some changes may be effected whereby the
judge is given greater participatory role in the trail so as to place poor, as far as
possible, on a footing of equality with the rich in the administration of justice."

A similar report of the Committee on Legal Aid titled "processionals justice

to poor" presided over by Krishna Iyer in 1973, dealt with the nexus between law
and poverty, and spoke of PIL in this context. It emphasized the need for active
and widespread legal aid system that enabled law to reach the people, rather than
requiring people to reach the law.

The two judges joined forces as a two member committee on juridicare,

released its final report in August 1977. The report while emphasizing the need for
a new philosophy of legal service program cautioned that it ‘must be framed in the
light of socio-economic conditions prevailing in the Country’. It further noted that
‘the traditional legal service program which is essentially Court or litigation
oriented, cannot meet the specific needs and the peculiar problems of the poor in

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our country’. The report also included draft legislation for
legal services and referred to Social Action Litigation.

Justice Krishna Iyer was appointed as the Chairman of Committee for Legal
Aid. The Committee was formulated as on the 22nd day of October 1972. The
Committee after conducting sample surveys of large part of the country submitted
a 275 page report to the Government on the 27th day of May, 1973. This report
came to mark the cornerstone of Legal Aid development in India. The report clearly
laid down that it is a democratic obligation of the State towards its subject to ensure
that the legal system becomes an effective tool in helping secure the ends of social
justice. He coined the word "Juridicare" to cover a scheme of legal aid which
brought justice to the doorstep of the lowly and which was comprehensive in its
coverage.

The report clearly suggests the colonial hangover of the Indian legal system
which has prevented it from realizing its true potential and extent. It also recognizes
the fact that much of our law was created by

the British to suit their convenience and as a result of this it is mostly

insensitive to the socio-economic problems of the masses it set out to govern and
regulate.

The report also made an effort to classify those categories of persons who
are most in need of Legal Aid, they are as follows:-

1. The poor in general;

2. Those persons belonging to the Scheduled Castes or Scheduled Tribes, i.e.

that category of persons who have been both economically as well as socially
exploited by the cultural elitists since time immemorial.

3. Those persons who either by reason of being inhabitants of backward areas

or who are so geographically placed that their voice cannot reach the Courts of
justice, e.g. People who are inhabitants of Scheduled Areas, Mountainous
terrain’s, landlocked regions etc.

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4. The workman and the peasantry class who toil and labour to earn rewards
for their hard work of which they are often deprived.

5. Those soldiers and armed forces personnel who in order to protect the
boarders are stationed at the edge of the land for long periods of time.

6. Women and children who are deprived social justice on grounds of biological
infirmity.

7. Untouchables or those who are referred to as Harijans and who even after
abolition of Untouchability under Article 17 of the Indian Constitution are shunned
by the Administrative class on the ground of their unacceptance in the community.

The 14th Law Commission Report stated the fact that if laws do not provide
for an equality of opportunity to seek justice to all segments of society the have no
protective value and unless some arrangement is made for providing a poor man
the means to pay Court fee’s, advocates fees and other incidental costs of
litigation, he is denied an opportunity to seek justice. Justice Krishna Iyer rightly
observed that, "Such a consummation, a proposition to which we are
constitutionally dedicated is possible only through an activist scheme of legal aid,
conceived wisely and executed vigorously." He went on to state that Law and
Justice cannot be regarded as two separate wings any longer and that it had
become necessary that they in unison work towards resurrecting the faith of the
poor man in the legal system by providing him with adequate non- Governmental
as well as Governmental assistance.

Justice Krishna Iyer regarded the Legal Aid program as a catalyst which
would enable the aggrieved masses to re-assert State responsibility under Part IV
of the Constitution.

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

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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 may it is not possible for the legal system to remove even few
of such problems. In keeping with the same view Justice Krishan Iyer asserted that
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 him could only be
brought about in the form of a revolution that the legal service program only is
capable of gearing. Thus the legal aid program 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.

He realized the fact that though the system had been flagged off under the
term "We the people of India" it had no longer continued in the same direction want
of procedural formalities had taken precedence over the people at the cost of which
justice often suffered casualties. He came to recognize the fact that the Courts of
law had merely become instruments for law’s sake and were not administering
justice as such. However, he placed blame for the attitude of the judiciary on the
colonial hangover of namely all institutional systems in the Country. This LEAD him
to express faith in the Gandhian system which professed the resolution of disputes
at the grass root level through village Panchayat’s.

Contributions Made By Justice P.N.Bhagwati To The Development Of The

Concept Of Legal Aid-Report On National Jurdicare: Equal Justice-Social
Justice, Ministry Of Law And Justice And Company Affairs, 1977

Justice P.N. Bhagwati practiced at the High Court, Bombay, he became a

Judge of the Gujarat High Court on 21st July, 1960, and became Chief Justice of
Gujarat on 16th September, 1967. On 17th July, 1973, he became the judge of the
Supreme Court of India. He was also Chairman of the Legal Aid Committee

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appointed by the Government of Gujarat for suggesting ways and means of
providing free legal aid and advice to the poor and weaker section of the
community; and also acted as Chairman of the State Legal Aid Committee for
running the Pilot Project of free Legal Aid and Advice in Gujarat. He worked
successfully to build up an elaborate legal aid program. He is widely regarded as
the originator of India’s legal aid program, including setting up of legal aid camps
in rural areas, working with NGOs, establishing legal aid clinics etc.

The post independence legal aid development was initiated by formation of

Bombay Committee, in 1949 under the chairmanship of Mr. NH Bhagwati, followed
by the below mentioned sequence of reports, committees and rules. Trevor Harries
Committee in West Bengal, 1949 Initiatives by the state governments such as The
Legal aid formed in 1952 in UP, The Legal Aid Committee formed in Madras in
1954, and so on. Kerala Legal Aid (to the poor) Rules, 1957 14th Report of the
Law Commission of India. Central Government Scheme 1960. National
Conference on Legal Aid, 1970. The Gujarat committee along with Mr. P.N.
Bhagwati (Chairman) constituted of Mr. J.M. Thakore, A.G., Mr. VV Mehta, Deputy
Speaker, Gujarat Vidhan Sabha, Mr. Madhavsinh F. Solanki, M.L.A, Mr. Girishbhai
C. Patel, Principal, New Lal College, and Ahemdabad.

3. Research Objective
As a part of the curriculum of LL.M. studies, we students of I.M.Nanavati
Law College are required to attend Legal Aid Clinic, observe its organizational
pattern, their areas of function, analyze 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 Hon’ble 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 Hon’ble Gujarat

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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 Advocate Manishaben Patel 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 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.

By the constitutional 42nd Amendment Act of 1976, a new provision was

included in the constitution under Article 39 A, for dispensing free Legal Aid. To
upload the democratic values and attain social justice Article 39 A which was
included under Directive Principles of State Policy (Part IV) reads as under :-
“Equal justice and free legal aid- The state shall secure that the operation of the

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 legal system promotes justice, on a basis of equal opportunity, and shall, in
particular, provide free legal aid, by suitable legislation or scheme 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”.

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 is letter and
spirit and equal justice is made available to the poor, downtrodden and weaker
sections of the society.

4. Concept of Legal Aid

It 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 are presided over by
trained adjudicators entrusted with the responsibilities of resolution of disputes on
the part of the State. The procession formalization 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 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.

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 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 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 different states
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, and 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.

5. Origin of Legal Aid

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.
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. The Universal Declaration of
Human Rights adopted and proclaimed by the General Assembly of United Nations

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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 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 program 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

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 supplementary 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 programs 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.
• 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 Adalats possible.

6. The Legal Aid Clinic

A 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
which includes a suit or any proceeding before a court. The '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. 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.

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Objective

The 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 favor 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.

The clinic is actively participating in the actual litigation and making efforts
to resolve the litigation by way of various alternative dispute resolution systems.
Few of the litigations solved by the clinic are narrated herein:

• Service Matters
• Maintenance related cases
• Cases related to bonus and salaries of laborers
• Disputes relating to property
• Dispute regarding pension and PPF
• Cases of forgery and fraud
• Family Pension
• Dishonor of Cheque
• Cases relating to matrimonial disputes
• Unauthorized Construction
• Money matters, tenancy matters

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7. The Legal Framework

The 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 Code

Confirming 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 an element 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;
(c) Judicial settlement including settlement through Lok Adalats; or
(d) Mediation

2. Where a dispute has been referred:

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(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 Adalats, the court shall refer the same to the Lok Adalats 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 Adalats;

(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 Adalats and
all the provisions of the Legal Services Authority Act, 1987 shall apply as if the
dispute were referred to a Lok Adalats under the provisions of that Act;

(d) For mediation, the court shall affect a compromise between the parties and
shall follow such procedure as may be prescribed.

Criminal Procedure Code

The 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.

8. Entitlement of Legal Services

Section 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:-

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 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

(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."

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 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 up to 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.

9. Hierarchy of Bodies under the Act

A 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 programs.
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 Programs and Schemes in the District. The District Judge of the District
is Its ex-officio Chairman.

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 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 organize Lok Adalats. Every Taluka Legal
Services Committee is headed by a senior Civil Judge operating within the
jurisdiction of the Committee who is its ex-officio Chairman.

10. Constitution of the National Legal Services Authority

National 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 and

qualifications, 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 Committee

The Central Authority shall constitute a Committee to be called the Supreme

Court Legal Services Committee for the purpose of exercising such powers and
performing such functions as may be determined by regulations made by the
Central Authority.

The Committee shall consist of –

A. a sitting judge of the Supreme Court who shall be the Chairman; and

b. such number of other members possessing such experience and qualifications

as may be prescribed by the Central Government to be nominated by the Chief
Justice of India. 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 the
country for disposal of pending matters as well as disputes at pre-litigate 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-litigate 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 the
country;

(e) Disposal of cases through Lok Adalats on old pattern;

(f) Publicity to Legal Aid Schemes and programs 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) Sensitization of Judicial Officers in regard to Legal Services Schemes and

programs;

(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 up to High Courts;
and
(m)Steps for framing rules for refund of court fees and execution of Awards passed
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

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tribal, backward and far-flung areas in the country. The effort is to publicize legal
aid schemes so that the target group, for whom Legal Services Authorities Act has
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 aid
cells 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.

11. 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 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 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.

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 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 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; and

b) Such number of other Members possessing such experience and qualifications

as may be determined by regulations made by the State Authority, to be
nominated by the Chief Justice of the High Court.

Functions of the State Authority

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 It 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 programs; and

d) Perform such other functions as the State Authority may, in consultation with
the Central Authority, fix by regulations.

12. Constitution of the District Legal Services Authority

(DLSA)

A District Authority shall consist of:

A. the District Judge who shall be its Chairman; and

b. such number of other Members, possessing such experience and qualifications

as may be prescribed by the State Government, to be nominated by that
Government in consultation with the Chief Justice of the High Court.

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.

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Functions of the District Authority

The District Authority may perform all or any of the following functions, namely:-

a) Co-ordinate the activities of the Taluka Legal Services Committee and other
legal services in the District;

b) Organize Lok Adalats within the Districts; and

c) Perform such other functions as the State Authority may fix by regulations.

13. Constitution of the Taluka Legal Services Authority

(TLSA)

The Committee shall consist of –

A. the senior Civil Judge operating within the jurisdiction of the Committee who
shall be the ex-officio Chairman; and

b. such number of other Members, possessing such experience and qualifications,

as may be prescribed by the State Government, to be nominated by that
Government in consultation with the Chief Justice of the High Court.

Functions of the Taluka Legal Services Committee

The 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;

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 b) Organize Lok Adalats within the Taluka; and

c) Perform such other functions as the District Authority may assign to it.

14. Practical Work

As 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 1

The 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 jewelry 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.

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

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 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.

Case 2

The second case that we saw was that of MACT (Motor Accident Claim
Tribunal). The facts of case are as under.

Mohanlal aged 45 was driving a scooter near St. Xavier’s College, suddenly a car
(Wagon R) came from behind hit the scooter from behind. As result Mohanlal’ S
scooter slipped and fell on the ground. Mohanlal’ S leg was fractured and his left
hand and leg were severely bruised. Mohanlal 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 Mohanlal’ S amounted to Rs. 2500.

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 Mohanlal’ S 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 Mohanlal. Mohanlal 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. Mohanlal 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 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. Mohanlal 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. Mohanlal 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.

Case 3

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 The third case was that of cheque Dishonor. 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 dishonor 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 notices 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.

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 4

The 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. P’s husband admitted that he sometimes under the influence of the
liquor lost his cool and beat her. The lawyer at the clinic told P’s 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.
P’s husband said that he would not beat her wife in future and was ready to
apologies 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
P’s 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.

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.

Case 5

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 The 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.

15. Conclusions and suggestions

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.

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 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 weaker and
disadvantage segments are concerned.

• The focus of legal aid is on distributive justice, effective implementation of

welfare benefits and elimination of social and structural discrimination
against the poor. It works in accordance with the Legal services Authority
Act, 1987 which acts as the guideline of the rendering of free justice.

• It is highly interesting to know the problems of the rural poor and urban poor
separately and also to find out how they compare with the legal problems
of the non-poor living in rural and urban India. An efficient organization of a
legal services delivery system may have to take account of all of these
differences in legal needs of the poor and design the program accordingly.

• It’s a very wonderful right incorporated in our constitution in the Article 39A
to promote Justice on equal basis. In the case of Khatri v. State of Bihar,
the court held that the right to legal aid is a fundamental right under article
21 of the Indian constitution.

• NALSA has formulated a strategy to provide basic and essential

knowledge to the vulnerable groups so that they can understand the law
and know the scope of their rights under the law and eventually assert their
rights as a means to take action, uplift their social status and being in social
change.

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• Lack of awareness is the main impendent in effective ‘legal aid’. Efforts
should be made to inform the public of the existence of these services by
using electronic media and aggressive campaigns. Government should also
target rural areas for making them aware about this concept.

• Free legal aid must not be read to imply poor or inferior legal services. The
lawyers in the panel should be experienced. The legal services which are
given to the poor should be qualitative.

• A master plan for juridicare cannot succeed without sufficient financial

resource. An annual amount of only Rs. 6 crore is being allocated to NALSA
for the execution of its policies which is inadequate. So proper financial
resources should be given in order to make the effective implementation of
Legal Aid.

• Awareness of schemes and programs to be able to guide the poor litigants

about the issue of Legal Aid.

• Each district legal aid service authority should be evaluated and compared
with other district legal service authority as well as intra states to encourage
legal aid.

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