Report on Legal Aid Camp at North Gauhati College

REPORT ON LEGAL AID CAMP
ORGANIZED AT: NORTH GAUHATI COLLEGE, KAMRUP

(RURAL)
SUBMITTED BY
Tathagat Sharma
(SM0115055)
FACULTY IN CHARGE
Ms. Daisy Changmai
NATIONAL LAW UNIVERSTY AND JUDICIAL ACADEMY, ASSSAM

GUWAHATI
Public Interest Lawyering, Legal Aid and Para Legal Services (9.3)
November 23, 2018
CERTIFICATE OF PARTICIPATION
This is to certify that I, Tathagat, student of V th Year IX Semester, have actively participated in
the Legal Aid Camp 2019-2020 organized by National Law University and Judicial Academy,
Assam at North Gauhati College, Kamrup, Assam as part of course curriculum of the paper 9.3.
Public Interest Lawyering, Legal Aid and Para Legal Services.
Signature
Tathagat
SM0115055
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November 23, 2018
CERTIFICATE OF SUPERVISOR
This is to declare that the Legal Aid Camp Report for Ninth semester entitled “REPORT ON
LEGAL AID CAMP” organized at North Gauhati College, Kamrup (Rural), Assam has been
duly submitted by Tathagat (SM0115055) as a part of his credit course on Public Interest
Lawyering, Legal Aid and Para Legal Services of the B.A.,LL.B. (Hons.) degree program. The
Legal Aid Camp Report is his bona fide research work satisfactorily carried out by her under my
supervision. This report has not been presented or submitted elsewhere, for whatsoever reason.
Signature
Ms.Daisy Changmai
Course Coordinator, PIL, Legal Aid and Para Legal Services
Dated- 04/12/2019
Place- Guwahati
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November 23, 2018
DECLARATION
I, Tathagat, student of V Year IX Semester B.A., LL.B. (Hons.) do hereby declare that the
Report titled “Report on Legal Aid Camp” has been prepared by me, in pursuance of the Public
Interest Lawyering, Legal Aid and Para Legal Services paper. The report is based upon my
experiences during the visit to the North Guwahati College on 23rd November 2019. The report is
original and not submitted elsewhere, and is true to the best of my knowledge.
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ACKNOWLEDGEMENT
I, Tathagat, student of V Year IX Semester B.A., LL.B. (Hons.) would like to pay my sincerer
gratitude towards our course Coordinator, Ms Daisy Changmai, who was relentless in her efforts
to make us understand the concepts of Legal Aid using an effective and practical method of
learning. I would also like to pay my sincere Gratitude to Dr. Diptimoni Boruah, Chairperson of
Legal Aid Cell for arranging the visit and its ancillary details. Last but not the least, I am
thankful to Prof. (Dr.) J.S. Patil, the Hon’ble Vice Chancellor of National Law University and
Judicial Academy, Assam for bestowing upon us the pleasure of his company during the entire
duration of the visit, and teaching us important lessons related to Legal Aid in the Practical
World.
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TABLE OF CONTENT
5. PARTICULARS OF THE VISIT...........................................................................................7
6. INTRODCUTION……………………...………….………………………………...……...8
7. LEGAL AND STATUTORY PROVISIONS...……………………………………..…….15
8. PURPOSE OF VISIT...........................................................................................................13
9. METHODOLOGY..............................................................................................................21
10. LEGAL AID CAMP............................................................................................................22
11. ACTIVITIES CONDUCTED..............................................................................................23
12. OBSERVATION..................................................................................................................25
13.
CONCLUSION…….............................................................................................................32
14.
BIBLIOGRAPHY….............................................................................................................34
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PARTICULARS OF VISIT
Name: Legal Aid Camp
Location: North Gauhati College, College Nagar, Kamrup (R), Assam.
Date and Day of Visit
Date Time Day

23.11.2019 10:00 AM to 2:00 PM Saturday
Concerned Faculties:
Dr. Diptimoni Baruah,
Associate Professor of Law,
National Law University and Judicial Academy, Assam.
Mrs. Daisy Changmai,
Assistant Professor of Law,
National Law University and Judicial Academy, Assam.
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1. INTRODUCTION
Inability to consult, engage or represented by a lawyer during any kind of legal proceedings in
courts, government offices, authorities and departments etc. for defending or prosecuting a
person's legal rights and obligations may amount to the same thing as being deprived of the
security and equal protection of the laws. Each one should have an equal right to the most
extensive system of basic liberties compatible with a similar system of liberties for all. One need
not be a litigant in the court to seek aid by means of legal aid. Legal aid or help should be
available to anybody on the road, workplace and even in his house.
Due to a multitude of factors such like illiteracy, destitution, absence of knowledge of rights and
corruption heading the list, disadvantaged groups remain largely invisible to the formal legal
system and therefore, continue to suffer the substantive inequalities that plague their lives.
The Indian Constitution has put in place a legal system which endeavours to protect the rights of
everyone. However, one must realize that existence of rules and regulations and law is one thing
and its implementation is another.
As per the Preamble of the Constitution, the people of India have given themselves a
Constitution which constitutes India a sovereign, socialist, secular, democratic republic which
secures to all its citizens justice—social, economic and political, liberty of thought, expression,
belief, faith and worship; equality of status and of opportunity; and to promote among them all
fraternity assuring the dignity of the individual and the unity and integrity of the nation.
The Constitution has defined and declared the common goal for its citizens in its Preamble. The
eternal value of constitutionalism is the rule of law which has three facets, i.e., rule by law, rule
under law and rule according to law. Under Constitution, it is the primary responsibility of the
state to maintain law and order so that the citizens can enjoy peace and security.
In the context of constitutional demands and state obligations, legal aid has assumed a more
positive and dynamic role which must include strategic and preventive services. Relieving ‘legal
poverty’, i.e., the incapacity of many people to make full use of law and its
institutions has now been accepted as a function of a ‘welfare state.’ Apart from the social,
economic and political requirements on which the claim of legal aid rests, it is now recognized
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as a constitutional imperative arising under articles 141, 212, 22(1)3 and 39A4 of the Constitution
as well as under different statutes and legislations which also derives their powers from the
constitution. The Constitution guarantees ‘Right to Constitutional Remedies’ as a fundamental
right.
The system as guaranteed above under Constitution w.e.f. 26 January, 1950 worked satisfactorily
in the initial years. However, with the rapid growth and boom in population over the years, it
was being felt that the justice delivery mechanism of the Indian society and Indian polity was
costly for the poor, the laws a little too complex for the illiterate to understand and the procedure
is as slow to bring about instant relief.
Article 39A of the Constitution provides that the state shall secure that the operation of the legal
system promotes justice on a basis of equal opportunity and shall, in particular, provide free legal
aid by suitable legislation or schemes or in any other way, to ensure that opportunities for
securing justice are not denied to any citizen by reason of economic or other disabilities. The
importance of good, competent and effective legal aid is often overlooked by everybody until a
serious need for legal counsel or representation arises. The reasons why people need legal aid
can vary as widely as the individuals themselves. Some people need legal representation for civil
suits, either as the claimant or defendant. Some people may need aid dealing with divorce,
domestic violence charge, involvement in criminal offenses etc. Many people take services of
lawyers for help in writing wills, documents of different nature as well as before signing
business contracts. The needs and requirements of legal help and stage when it is needed, in the
sphere of life cannot be counted being endless. Whatever the need for legal aid, it is certain to be
an important issue and one in which there is no room for mistakes.
1
Equality before law—The State shall not deny to any person equality before law or the equal protection of the
laws within the territory of India.
2
Protection of life and personal liberty—No person shall be deprived of his life or personal liberty except
according to the procedure established by law.
3
Protection against arrest and detention in certain cases----(1) No person who is arrested shall be detained in
custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to
consult, and to be defended by, a legal practitioner of his choice.
4
Equal justice and free legal aid—The State shall secure that the operation of the legal system promotes justice,
on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or
in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of
economic or other disabilities.
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The government provides free legal aid to the needy. Legal aid implies giving free legal services
to the poor and needy who cannot afford the services of a lawyer for the conduct of a case or a
legal proceeding in any court, tribunal or before any authority. However, in a country of
continental dimensions and with population more than a billion, it becomes very difficult to
provide free legal aid to everyone.
The idea of legal aid originated in medieval period. The legal aid, however, was considered to be
hybrid in some form of political right or charity from rich to the poor initially. In the fast
changing socio-economic conditions, this view was found not acceptable. In the modern society,
legal aid cannot be placed on the lower side. If the law has to play, a purposeful and significant
role in a democratic order for the socio-economic reconstruction of the society, legal aid must
give meaningful and substantive education to the poor about the law and their rights and provide
solution to their legal problems.
Article 14(3) of the International Convention on Civil and Political Rights (ICCPR), 1966
guarantees to everyone, “the right to have legal assistance assigned to him in case where the
interest of justice shall require, and without payment by him in any such case if he does not have
sufficient means to pay for it”.
The government of India started addressing the question of providing free legal aid to the poor,
weaker sex, disadvantaged groups and down trodden persons etc. since 1952. The Fourteenth
Report of the Law Commission of year 1958 also echoes this concept:
“Equality is the basis of all modern systems of jurisprudence and
administration of justice. In so far as a person is unable to obtain access to
a court of law for having his wrongs redressed or for defending himself
against a criminal charge, justice becomes unequal and laws which are
meant for his protection have no meaning and to that extent fail in their
purpose. Unless some provision is made for assisting the poor man for the
payment of court fees and lawyer’s fees and other incidental costs of
litigation, he is denied equality in the opportunity to seek justice.”
To achieve the constitutional goal of ‘equal justice to all,’ a new directive contained in article
39A, has been inserted to enjoin the state to provide free legal aid to the poor and particular
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categories and to take other suitable steps to ensure equal justice to all. 5 In 1980, Committee for
Implementing Legal Aid Schemes (CILAS) was constituted to oversee, supervise, monitor and
implement legal aid programs on a uniform basis throughout the country. The Committee
evolved a model scheme and after removing certain deficiencies, it was desired to constitute
statutory legal authorities from national level to village level. In 1987, to fulfill the constitutional
obligation and to give a statutory base to legal aid programs, Legal Services Authority Act was
enacted which came into force with effect from 9 November 1995.
One of the objectives of Indian legal system is to deliver justice to all. Public Interest Litigation
is a tool used to achieve this goal in the society. The preamble to the Constitution of India
envisages Social, Economic and Political justice. In order to achieve this goal of Justice, the
judicial activism has led to the birth of Public Interest Litigation. As Justice P.N.Bhagwati
adjudged in the case of PUDR v. Union of India that public interest litigation is at the instance of
‘public spirited citizens’ for the enforcement of constitutional and legal rights of any person or
group of persons who because of their socially or economically disadvantageous position are
unable to approach the court. In India, concern for legal aid to the poor and to the needy is
continuously on the rise. Legal assistance and free legal advice is the only way to guarantee
equal protection of law to the poor.
On 23rd of November 2019 National Law University and Judicial Academy, Assam organized a
Legal aid camp at North Gauhati College, Kamrup, Assam for the purpose of creating awareness
through it as well as for the purpose of completion of curriculum.
Legal aid scheme was first introduced by Justice P.N. Bhagwati under the Legal Aid Committee
1971. According to him, the legal aid means providing an arrangement in the society so that the
missionary of administration of justice becomes easily accessible and is not out of reach of those
who have to resort to it for enforcement of its given to them by law the poor and illiterate should
be able to approach the courts and their ignorance and poverty should not be an impediment in
the way of their obtaining justice from the courts. Legal aid should be available to the poor and
illiterate. Legal aid as defined, deals with legal aid to poor, illiterate, who don't have access to
courts. One need not be a litigant to seek aid by means of legal aid. Legal aid is available to
anybody on the road.
5
Article 39A of the Constitution of India inserted by Constitution 42nd Amendment Act, 1976 w.e.f. 03.01.1977
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Introduction of Public Interest Litigation democratize the access of justice to common man. This
was made by liberalizing the traditional rule of ‘locus standi’ that, only aggrieved party can
approach the court for seeking remedy. Now any public-spirited person can seek remedy on
behalf of the oppressed class by initiating a Public Interest Litigation.
The concept of Public Interest Litigation means litigation for the protection of the public interest.
It is litigation introduced in a court of law, not by the aggrieved party but by the court itself or by
any other private party. It is not necessary, for the exercise of the court’s jurisdiction, that the
person who is the victim of the violation of his or her right should personally approach the court.
Public interest litigation is the power given to the public by courts through judicial activism.
However, the person filing the petition must prove to the satisfaction of the court that the petition
is being filed for a public interest and not just as a frivolous litigation by a busy body.
The concept of PIL was invented by Justice V.R. Krishna Iyer and Justice P.N. Bhagwati,
Hon’ble Judges of the Supreme Court of India delivered landmark judgments. The first case of
PIL was in 1976 in Mumbai Kamagar Sabha v Abdul Thai, AIR 1976 SC 1455.
As held in Jitendra Nath v. State of West Bengal Board of Education6;
“Public Interest Litigation means a litigation where a question of public interest may be
espoused through a writ petition by someone even though he may directly not be affected by it”
The courts show a great deal of flexibility in the matter of legal standing because with the
expansion of bureaucratic power, the chances of its misuse have increased. This position was
very aptly laid down by the Apex Court in Fertilizer Corp. Kamgar Union v. Union of India.7
Judiciary must be dynamic enough to interfere on matters resulting from the lapse of
constitutional or statutory duties on part of the government. The invention of PIL is a glaring
example of such dynamics of the Indian judiciary. PIL, also popular by the name of Social
Action Litigation or Class Litigation is a potent weapon through which poor, helpless or disabled
can seek judicial redress by filing an application to the High Court under Article 226 or to the
Supreme Court under Article 32 of the Constitution of India.
6
AIR 1983 Cal 275.
7
AIR 1981 SC 344.
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The saga of protecting the rights of the have-nots’ through PIL was started from the first
reported case of PIL in 1979 in Hussainara Khatoon v. State of Bihar8, a case focused on the
inhuman conditions of prisons and under trial prisoners. In this case, the PIL was filed by two
Supreme Court advocate Kapila Hingorani and N. K. Hingorani on the basis of a news item
published in the Indian Express, highlighting the plight of thousands of under-trial prisoners
languishing in various jails in Bihar. This proceeding led to the release of more than 40,000
under-trial prisoners.
In this case P. N. Bhagwati, J. has observed as under:
“Today, unfortunately, in our country the poor are priced out of the judicial system with the
result that they are losing faith in the capacity of our legal system to (sic) about changes in their
life conditions and to deliver justice to them. The poor in their contact with the legal system have
always been on the wrong side of the line. They have always come across ‘law for the poor’
rather than ‘law of the poor’. The law is regarded by them as something mysterious and
forbidding always taking something away from them and not as a positive and constructive
social device for changing the social economic order and improving their life conditions by
conferring rights and benefits on them. The result is that the legal system has lost its credibility
for the weaker section of the community.”
Originally aimed at combating inhumane prison conditions9 and horrors of bonded labour,10
public interest litigations have now established:
• The right to a speedy trial.11
• The right to legal aid.12
• The right to livelihood.13
• The right against pollution.14

8
AIR 1979 SC 1369
9
Sunil Batra v. Delhi Administration AIR 1978 SC 1675 .
10
People’s Union for Democratic Rights v. Union of India AIR 1982 SC 1473.
11
M. H Hoskot v. State of Maharashtra (1978) 3 SCC 544 .
12
Hussainara Khatoon v. State of Bihar AIR 1979 SC 1369 .
13
Olga Tellis v. Bombay Municipal Corporation (1985) 3 SCC 545.
14
Rural Litigation & Entitlement Kendra, Dehradun v. State of Uttar Pradesh AIR 1985 SC 652 .
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Public Interest Litigation also functions as a tool for social change. In a developing country like
India, PIL functions as an effective tool for the social welfare. It also functions as a monitoring
tool to combat the atrocities existing in the society.
 The right to be protected against industrial hazards.15
 The right to human dignity.16
It must be stated here that the list is not exhaustive as the scope and horizon of PIL is ever-
expanding. Moreover, keeping in mind the gross violation of the essence of PIL by its abuse and
misuse may even lead to the contraction of its expanding scope.
2. LEGAL AND STATUTORY PROVISIONS
15
M.C Mehta v. Union of India (1986) 2 SCC 176.
16
Francis Coralie Mullin v. Administrator, Union Territory of Delhi (1981) 2 SCR 516
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The Legal Services Authorities Act 1987 (hereinafter referred as ‘Legal Aid Act’), was enacted
to effectuate the constitutional mandate enshrined under Articles 14 and 39A of the Constitution.
The object is to provide ‘access to justice for all’ so that justice is not denied to citizens by
reason of economic or other disabilities. However, in order to enable the citizens to avail the
opportunities under the Act in respect of grant of free legal aid etc, it is necessary that firstly they
are made aware of their rights. Legal aid is an essential part of the administration of justice and
must be so implemented.
Section 2(c) of Legal Aid Act defines legal service which includes the rendering of any
service in the conduct of any case or other legal proceeding before any court or other authority or
tribunal and the giving of advice on any legal matter. The definition of ‘legal service’ under this
Act is not restricted but is inclusive. It may include number of things which could not have been
anticipated by the Parliament at the time of passing the Act pertaining to enforcement of legal
rights and obligations. Court means a civil, criminal or revenue court and includes any tribunal
or any other authority constituted under any law for the time being in force, to exercise judicial
or quasi judicial function as described under section 2(aaa) of the Legal Aid Act.
Indian Judiciary in the past six decades has done a remarkable job of protecting citizens’
rights, liberty, dignity and rule of law against all obnoxious odds by controlling the abuse of
administrative discretions and arbitrary actions.
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The administration equipped with rule-making powers overwhelms the “little man” by trampling
upon his liberty and property. The judiciary has been instrumental in channelising the unbridled
administrative powers to achieve the basic aim of any civilized society, “growth with liberty”.
There are also certain legislations which were challenged on constitutional scale and were
subsequently struck down by courts partly or wholly. It is a privilege to the Indian people that
the judicial review and scrutiny available under articles 3217, 22618 and 13619 can not be barred
and fettered by any finality clause contained in any statute. Indian courts are full of admirers
who respect their ingenuity and integrity. Among the three organs of the government, people
repose more faith in judiciary. In Fertilizer Corporation Kamgar Union v. Union of India20,
17
Remedies for enforcement of rights conferred by this Part—(1) The right to move the Supreme Court by
appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or writs including writs in the nature
of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the
enforcement of any of the rights conferred by this Part.
(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament my
by law empower any other court to exercise within the limits of its jurisdiction all or any of the powers exercisable
by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this
Constitution.
18
Power of High Court to issue certain writs—(1) Notwithstanding anything in article 32, every High Court shall
have powers, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or
authority, including in appropriate cases, any Government, within those territories directions, orders or writs,
including (writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of
them, for the enforcement of any of the rights conferred by Part-III and for any other purpose)
(2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or
person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the
cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such
Government or the authority or the residence of such person is not within those territories.
(3) Where any party against whom an interim order, whether by way of injunction or stay or in any other
manner, is made on, or in any proceedings relating to, a petition under clause (1), without—
(a) furnishing to such party copies of such petition and all documents in support of the plea for such interim
order; and
(b) giving such party an opportunity of being heard makes an application to the High Court for the vacation
of such order and furnishes a copy of such application to the party in whose favour such order has been made or the
counsel of such party, the High Court shall dispose of the application within a period of two weeks from the date on
which it is received or from the date on which the copy of such application is so furnished, whichever is later, or
where the High Court is closed on the last day of that period, before the expiry of the next day afterwards on which
the High Court is open; and if the application is not so disposed of, the interim order shall, on the expiry of that
period, or, as the case may be, the expiry of the said next day, stand vacated.
(4) The power conferred on a High Court by this article shall not be in derogation of the power conferred
on the Supreme Court by clause (2) of article 32.
19
Special Leave to appeal by the Supreme Court—(1) Notwithstanding anything in this Chapter, the Supreme
Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or
order in any cause or matter passed or made by any court or tribunal in the territory of India.
(2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by
any court or tribunal constituted by or under any law relating to the Armed Forces.
20
AIR 1981 SC 344.
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Justice Krishna Iyer had rightly observed, “But when corruption permeates the entire fabric of
the government, legality is the first casualty.”
The administration equipped with tremendous powers of rule-making in the form of Rules,
Regulations, Orders, Bye-Laws, Direction and Schemes mostly indulge in improper exercise of
discretion adversely affecting the common man and inviting judicial review. Today the state is
seen everywhere fighting the citizens like a ‘cantankerous litigant’.
In early eighties, the Supreme Court adopted a pro-active approach by developing Social Action
Litigation (SAL) or Public Interest Litigation (PIL) for which major credit goes to Justice P. N.
Bhagwati, who lateron become the Chief Justice of India.
There is no dearth of citations where the courts provided solace and relief to the masses by
entertaining direct PIL and even by accepting letters, newspaper reports as well as by
considering even anonymous complaints and intimations. Lot of criticism sometimes took place
especially in the field of legislature and executive for interfering in their powers, discretion and
authorities by the judiciary but actually it was not so. The allegation of ‘over stepping’ are not
correct because the courts are simply passing directions to the paralyzed arms of the government
to implement the law of land as they fail miserably in their duty to perform.
Ask a common man about the various important orders, directions and writs passed by Supreme
Court and High Courts which benefits people at large and they will also put the judiciary in high
esteem and will praise it while criticizing other functionaries of state. People have faith in the
judiciary and prefer to approach court of law for redressal of their grievances but due to their
incapability, lack of funds and legal knowledge suffers with no fault of their. That was the
reason that need of providing free legal aid and services arose to the needy and particular
categories of people in the society. At present, free legal aid or services is not only a statutory
but also a fundamental right, as per the judgment of the Supreme Court in Hussainara khatoon v.
State of Bihar.21
Sensitization of judicial officers in regard to legal aid schemes and programmes is also a big
agenda in Indian Judiciary. Mr. Justice S.P. Bharucha, had observed that not all judicial officers
in the country are duly sensitized to legal services schemes and programmes and as such are
unable to guide poor litigants in this regard. He directed that Legal Services Authorities must
21
(1980) 1 SCC 89
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ensure that judicial officers are duly sensitized about the work which National Legal Services
Authority is doing and its importance for the poor and illiterates.22
In the Chief Justices' Conference held at New Delhi in 2006 a resolution was passed to say that
in the service records of the judicial officers, their interest in legal aid programmes should be
reflected and all the High Courts should take steps for sensitizing the judicial officers in regard
to legal aid programmes and schemes. Once all the judicial officers in the country get properly
sensitized in regard to the relevance and importance of legal aid schemes, they shall themselves
start caring for the poor, backward and weaker sections of the society who are not in a position to
engage their own counsel and look after their legal causes.
India is a sovereign, socialist, secular, democratic republic. 23 Socialism is not a code of belief but
is a philosophy of life. To bring cheer to everyone, to make everyone feel safe and to wipe tears
from each eye is the ultimate object of every welfare state. Indian Constitution, therefore, has put
in place a legal system which endeavors to protect the rights of everyone.
The justice which is social, economic and political and which must be secured to all its citizens
is one of the basic backbones of Constitution. The securing of such justice pre supposes that
there is an equality of opportunity as well as availability of equal access to all concerned so that
state can achieve goal of social, economic and political justice. One must also realize that
existence of rules, regulations and law is one thing and its implementation is another.
Over the years, however, it is being felt that the judicial system is little costly, complex for the
illiterate to understand and the procedure is slow to bring instant relief. To supplement the justice
delivery system, the Legal Services Authorities Act was enacted after a high powered Committee
for Implementing Legal Aid Schemes (CILAS) constituted by Central Government in the year
1980 worked out a comprehensive legal aid programme on uniform basis throughout the country
providing a four-tier legal aid programme at National, State, District and Taluk levels. Under this
Act, the NALSA was set up as Central Authority at the apex. Since then, different legal services
authorities and committees have been set up at States and Union Territories levels, District levels
as well as Taluk levels all over the country at the moment.
22
Judge Supreme Court and Executive Chairman, National Legal Services Authority while writing from the Desk of
the Executive Chairman in January, 1999 issue of 'Nyaya Deep' magazine
23
Preamble of Constitution of India.
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November 23, 2018
The Delhi Chapter under the Legal Aid Act was formed in 1996 as Delhi Legal Services
Authority and has since then come a long way in making access to justice faster, cheaper,
reliable and more meaningful.
Different functions to be performed by the Central and State Authorities as well as District and
Taluk Legal Services Committee have been discussed in detail in following chapters but one
thing common in all is that proper care has been taken to provide legal services free of costs to
those who falls in different categories of entitled persons. These categories as prescribed in
section 12 of the Act almost covers those persons who due to poverty, backwardness, weakness,
victims of circumstances and suffering from different calamities etc. are unable to protect their
legal and constitutional rights in the court of law.
Justice Blackmun had very aptly remarked in Jackson v. Bishop24 that,
The concept of seeking justice cannot be equated with the value of dollars. Money plays no role
in seeking justice.
Legal Aid may be taken to mean free legal assistance to the poor persons in any judicial
proceedings before the Courts or the Tribunals.25 It intends to provide free legal assistance to
those who are not able to enforce the rights given to them by law. Justice P. N. Bhagwati has
stated the meaning and object of legal aid. According to him:
“Legal aid aims at providing an arrangement in the society so that the machinery of
administration of justice becomes easily accessible and is not out of reach of those who have to
resort to it for the enforcement of rights given to them by law. The poor and the illiterate should
be able to approach the Courts and their ignorance and poverty should not be an impediment in
the way of their obtaining justice from the courts.26
Legal Aid as a human right is implicit under Articles 7, 8 and 10 of the Universal Declaration of
Human Rights, 1948 and is also provided in Clause (3) of Article 14 of International Covenant
on Civil and Political Rights, 1966.27
24
404 F.2d 571
25
Kailash Rai, Public Interest Lawyering, Legal Aid and Para Legal Services, Central law Publicatiions, (6th ed.,
2009), at p. 188.
26
Report of the Legal Aid Committee, 1971, p 5.
27
Jitendra N. Bhatt, Right to Legal Aid is a basic Human Right, A.I.R Journal, 2007.
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The Preamble of the Constitution of India and Article 14, give much emphasis on the equal
justice. For maintenance of equal justice in real sense every person should have opportunity to
seek justice. Article 38 and 39A of the Constitution of India are notable in this regard. According
to Article 38(1), the State shall strive to promote the welfare of the people by securing and
protecting as effectively as it may a social order in which justice, social, economic or political,
shall inform all the institutions of the national life.
Article 39A provides that the State shall secure that the operation of the legal system promotes
justice on a basis of equal opportunity and shall, in particular, provide free legal aid by suitable
legislation or schemes or in any other way, to ensure that opportunities for securing justice are
not denied to any citizen by reason of economic or other disabilities. Right to free legal aid or
free legal service is essential ingredient of reasonable, fair and just procedure and implicit in the
guarantee of the Right to Life and personal liberty under Article 21.28
In M.H. Hoskot v. State of Maharashtra29, the Supreme Court has laid down guidelines in case of
prisoners to be followed by the lowest Court to the highest court in the country which inter alia
includes that Court shall furnish a free transcript of the judgment when sentencing a person to
prison term.
In Sugreev v. Sushila Bai30, the Court has observed that the Constitution of India postulates a
society in which socio-economic and legal justice is available to allow the basis that they are
equal.
Even the Code of Criminal Procedure, 1973 in Section 304 and The Code of Civil Procedure,
1908 in Order XXXIII provides for legal aid to indigent persons.31
28
Hussainara Khatoon v. State of Bihar, AIR 1979 SC 1369.
29
AIR 1978 SC 1548.
30
AIR 2003 Raj. 149.
31
Section 304 of the Code of Criminal Procedure, 1973 provides ‘Legal aid to accused at State expense in certain
cases’.
20
November 23, 2018
3. PURPOSE OF VISIT
The purpose of the visit was to check as well as increase awareness among the people of
Kamrup. The visit was also to help the students in understanding about the ground realities of
implementation of legal process in rural India.
The purpose of this legal aid camp was:
 To create awareness about legal and constitutional rights

 To educate people about the process of PIL
 To educate people about their basic rights
21
November 23, 2018
4. METHODOLOGY
Approach of Research:
In this Report both empirical and doctrinal research methods have been used. Doctrinal Research
is a research in which primary and secondary sources are used and materials are collected from
libraries, archives, etc. Books, journals, articles and video resources were used while making this
project. Wherein in case of Empirical research field visits and primary mode of data collection is
used to substantiate the research findings.
Type of Research
Explanatory type of research is used in this project, because the in the project topic various
concepts were needed to be explained.
Sources of Data Collection
Both Secondary and Primary sources are used in this report. Secondary source of data collection
was used which involves in collection of data from books, articles, websites, etc. One case study
was conducted for this particular project.
Mode of Citation
OSCOLA (Oxford University Standard for Citation of Legal Authorities) 4 th edition has been
uniformly used as the method of citation for this particular project.
22
November 23, 2018
5. LEGAL AID CAMP

As a part of the curriculum we had to organize a legal aid camp and make a report based on its
findings and the way it all took place. The University Administration had obtained the
permission from the concerned authorities to conduct this legal aid camp within the premises of
the North Gauhati College. The camp started with Filzah Belal of National Law University and
Judicial Academy, Assam introducing the program and making everyone present there aware of
the importance of legal aid camps which was appreciated by everyone. After that the guests
present at the camp were felicitated by the faculty members and the students of our university.
The Chief Guest for the camp was Honorable (Retd.) Justice D.N. Chaudhary and Shri S.C.
Biswas (Senior Advocate Guwahati High Court) who in their short speech praised National Law
University and Judicial Academy Assam for organizing the legal aid camp as they being
connected with the field of law were very much concerned about the law and order situation.
According to both of them the best possible way of maintaining law and order is by educating
people about their rights. Justice D.N. Chaudhary also talked about as to how ignorance of law is
not an excuse where else in every other field of life ignorance is excused. He also talked about
how justice delayed is justice denied and how legal aid played a crucial role in helping the
indigent people. He emphasized on establishing Fast track Courts as they were the need of the
hour. Shri S.C. Biswas in his speech also mentioned that illiteracy and poverty are factors which
need to be removed in order to make people fight for their rights. According to him even policies
framed by government are useless because of illiteracy and poverty. He expressed his grief over
the Karbi Anglong mob lynching situation and how mistaken identity leads to the killing of
innocent people. As per him such Legal Awareness Camps assumes even more importance as
they directly benefit such neglected and deprived sections of the society. He thanked the Legal
Aid Cell for conducting the Legal Aid Camp as it would be very beneficial for the village people
and students. The Vice Chancellor of National Law University and Judicial Academy, Assam in
his speech mentioned about the various other camps and legal awareness programs previously
conducted by our university and emphasized on the point as to how legal aid camps are
important to empower communities on varied issues including fundamental rights, legal aid,
right to information laws, women rights and child protection laws and how the knowledge and
understanding of these issues is significant given the realities of today’s world. He invited
everyone to the university in case they require any legal aid or assistance. Thereafter, the
23
November 23, 2018
Principal of the college Shri. Dilip Das talked a little bit about the occasion and was very
thankful to National Law University and Judicial Academy Assam for choosing his college as
his college is the only college of higher studies in that region. For him this was a big opportunity
for the students of his college to gather some knowledge in the field of law. After all the
enlightening speeches a group photograph was taken of all the guests, faculties and students
present. After this everyone moved to one of the grounds of the college to witness a street play
prepared by the students of our National Law University and Judicial Academy, Assam after
days of practice. The script of the act was also written by the students of our college. The title of
the play was ‘Siskiyan’ through which the students tried to show the different kind of violences
the women of our societies are subjected to. The skit was divided into three scenes whereby the
offence of eve teasing, domestic violence and rape were depicted through the acts. Most
importantly the students in between these scenes gave very important messages like women
should become braver and report if they become victim of any of such crimes and that the
women of our society must be treated with respect and equal to the male gender. The messages
were conveyed in both Hindi and Assamese in order to make them understandable for everyone.
The play was very much appreciated by everyone present. The play was followed by
performance of the song “Baikhoof” by Dabanjana bhatacharjee, Sagnika Banarjee and
Krishangi Bhattcharya which definitely gave a beautiful ending to the program. In the end
snacks were distributed to everyone present in the college by the students of National Law
University and Judicial Academy, Assam .
24
November 23, 2018
5. ACTIVITIES CONDUCTED
Activities by Dignitaries
Inaugural Speech by Prof. (Dr.) J.S. Patil, Hon’ble Vice Chancellor, National Law University
and Judicial Academy, Assam
Prof. (Dr.) J.S. Patil set out the basic nature of the Legal Awareness Camp for the benefit of the
audience. He spoke about the Legal Aid Cell of the University, and of the activities conducted
by it in the past. He then went to specifically address the present Camp. Drawing from the
common saying, ‘justice delayed is justice denied’, Prof. Patil explained that if legal redress is
available for a party that has suffered some injury, but is not forthcoming in a timely fashion, it
is effectively the same as having no redress at all. It is the commitment of the National Law
University and Judicial Academy, Assam in general and of the Legal Aid Cell in particular to
ensure that citizens are aware of their rights and that they are vigilant enough to enforce them at
court. Prof. Patil acknowledged that this is easier said than done. North Guwahati is a small area
in the district of Kamrup Rural. Unlike that of Kamrup Metro, this is not populated by
financially strong people. Hence, the enforcement of right is a problem which is even more
aggravated by the problems of low level of education, transportation and infrastructural
development. Hence, legal aid is quintessential. The Camp is guide on how such aid can be
obtained and what they can be obtained for.
Speech by Hon’ble Retired Justice D. N. Choudhury

While addressing the gathering, Justice D.N. Choudhury emphasized the significant role that
culture plays in the maintenance of world peace. He also spoke at length about the Preamble to
the Constitution, highlighting that sovereignty in our country lies with the people and under the
Constitution, all citizens have the liberty of thought, expression, belief, faith and worship.
He then drew attention to the doctrine of separation of power, equating it to a lakshman rekha
which prevents one organ of the State from interfering in the functioning of the other organs.
However, when the legislature makes a law which will violate the basic structure of the
Constitution of India, the judiciary can very well intervene in order to prevent such legislative
excess. He then reiterated the words used in the Preamble, stating that India is a Sovereign
Socialist Secular Democratic Republic and that economic, social and political justice would be
secured to the citizens of India under the Constitution. He also asserted that being a Republic,
25
November 23, 2018
the head of the State in India will always be elected, and it is not a hereditary post. He then
proceeded to speak about the significance of Part III of the Constitution of India, which
guarantees fundamental rights to citizens of India as well as non-citizens, and clarified for the
benefit of the audience that these are some of the most basic rights guaranteed to us under the
Constitution. He further stressed that the Indian Constitution includes as a fundamental duty the
need to respect our national flag, which is indeed a unique feature.
Another important aspect that he touched upon is Part IV of the Constitution of India, which
includes the Directive Principles of State Policy as guiding principles for the Government of our
nation. He further talked about the Constitutional provisions meant for the benefit of the weaker
sections of the society, stressing that economic inability is a major hurdle in the fulfilment of the
rights of these people. In this regard, it is pertinent to take note of Article 46, which provides that
the State shall promote with special care the educational and economic interests of the weaker
sections. The State is, thus, not only under the duty to raise the level of nutrition and strive to
minimise the inequalities in income, but also the duty to provide free legal aid at all stages to
those who do not have sufficient resources. He referred to Article 39A of the Constitution which
provides that the State shall secure that the operation of the legal system promotes justice, on a
basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation
or schemes or in any other way, to ensure that opportunities for securing justice are not denied to
any citizen by reason of economic or other disabilities. He concluded by stating that respect for
the Constitution is a must and that we must religious abide by the noble provisions of the highest
law of the land.
He then specifically addressed the need of protection of pavement dwellers. This is because it is
seen that many of the poor in North Guwahati, unable to find a living or forced out of home for
personal reasons, cross the river to live on pavements near Sukreswar Ghat by begging. He
applauded that Olga Tellis case32 is relevant even today. The pavement dwellers have a right to
live under Article 21. This right could not be exercised without the means of livelihood. For
exercising this right and for seeking the means of livelihood, they had no option but to flock to
cities. They chose a pavement or a slum which was nearest to their place of work. But the law at
present does not afford adequate protection to the slum and pavement dwellers beyond making it
32
Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 180 to 204.
26
November 23, 2018
incumbent on the concerned authorities to afford them an opportunity of hearing. The need for
imposing an obligation to provide the slum dwellers with an alternative accommodation or
dwelling site is therefore a felt need of the times.
Speech by Shri S.C. Biswas, Senior Advocate, Gauhati High Court.

Shri Biswas in his speech focussed primarily on the Legal Services Authorities Act of 1987,
highlighting the objective of the Act, the scheme under the Act and some of the important
provisions. He also drew the attention of the audience to the interesting factoid that the date of
the legal awareness camp coincided with the date on which the Legal Services Authorities Act
had come into force in the year 1995, i.e. the ninth day of November. The object of the Act is to
constitute legal services authorities to provide free and competent legal services to the weaker
sections of the society to ensure that opportunities for securing justice are not denied to any
citizen by reason of economic or other disabilities, and to organise Lok Adalats to secure that the
operation of the legal system promotes justice on a basis of equal opportunity. Justice Sharma
also discussed that the Act makes provision for the organization of Lok Adalats and the
establishment of Permanent Lok Adalats, and that it stipulates the constitution of the District, the
State and the National Legal Services Authorities. He further made a reference to section 12 of
the Act which is regarding the criteria for giving legal services and includes a member of a
Scheduled Caste or Scheduled Tribe, victim of trafficking in human beings or beggar as referred
to in Article 23 of the Constitution, a woman or a child, a mentally ill or otherwise disabled
person, 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 an
industrial workman or in custody, including custody in a protective home, etc.
He then highlighted certain provisions of the Code of Criminal Procedure, such as S.46 of the
Act which does not permit arresting a woman after sunset and before sunrise and the presence of
a lady police officer is a must while making such arrest. He also referred to the case of Ajmal
Kasab and the fact that the apex court of the country held that an accused person who did not
have the resources or the ability to secure a counsel for himself is entitled to free legal aid and
cannot therefore be denied legal representation.
Lastly, he spoke about the need of having fast track courts. Fast-track courts (FTCs) have been
around for a long time, with the first ones being established in the year 2000. Since then, much
27
November 23, 2018
has been spoken and written about them. It is observed that there is a huge variation in the kinds
of cases handled by these courts across States, with certain States primarily allocating rape and
sexual offence cases to them and other States allocating various other matters. Further, several
FTCs lack technological resources to conduct audio and video recordings of the victims and
many of them did not have regular staff. However, in spite of that, FTCs are speedy means of
justice disposal, especially for the poor who cannot afford exorbitant litigation fees accumulating
year after year.
There was a Question-Answer Round, wherein the audience asked questions related to land and
properties. Shri Biswas explained how Over the last hundred years, the Assam Land and
Revenue Regulation,1886 remained the basic laws of land in Assam. He then spoke on
‘myadikaran’ i.e. the Conversion of land from Annual Patta to Periodic Patta, and also
discussed the process of registration and namjari (i.e. mutation) has to be done.
Activities by Students
Performance of Street Play, ‘Siskiya’
Act I – Street Harassment
To put simply, Act I depicted the problem of street harassment faced by women on day to day
basis. Four boys are sitting by the roadside, waiting for girls to pass by and add fun and play to
their day. Eventually two girls do pass by. The boys eve teases her lewd comments. One of them
scolds the boys, but seeing that it was of no avail, quietly walks away. Two days pass, the boys
are still waiting at the same spot waiting for girls. When a new girl comes, they eve tease her as
well. This appears to be a never ending perennial nuisance, endangering the safety of women.
The narrators then go on to enumerate on street harassment. Street harassment is a civil wrong.
The perpetrator causes injury to the plaintiff mentally as well as physically. It is an
encroachment on the women’s right to privacy and her dignity. Though there are certain
provisions in the Indian Penal Code, which can encapsulate such harassment. S.294 of the Indian
Penal Code says that “Whoever, to the annoyance of others- (a) does any obscene act in any
public place, or (b) sings, recites or utters any obscene song; ballad or words, in or near any
public place, shall be punished with imprisonment of either description for a term which may
extend to three months, or with fine, or with both. S.354 provides for the punishment for the
28
November 23, 2018
offences involving force intended to outrage the modesty of a woman coupled with the intention
to outrage her. Furthermore, S.509 of the IPC says, “Whoever intending to insult the modesty of
any woman, utters any word, makes any sound or gesture, or exhibits any object, intending, that
such word or sound shall be heard, or that such gesture or object shall be seen, by such woman,
or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a
term which may extend to one year, or with fine or with both”.
Act II: Domestic Violence
This scene depicts the life of a married woman. A husband is stressed at work. He comes home
looking to relax but his wife is not home. The mother in law blames her son for marrying a
working woman and when she finally comes, ticks her off for the same. The husband then asked
her (the wife) to make him some tea, which she makes immediately. However, the tea is not to
his taste. He then abuses her verbally as well as physically. The wife retires to her room sobbing.
Her sister is concerned that she is not picking up calls. When they finally talk over phone, her
sister encourages her to inform the police and not tolerate this anymore.
There are three laws in place in India that deal directly with domestic violence: The Protection
of Women from Domestic Violence Act, 2005, the Dowry Prohibition Act, 1961, and S. 498A
IPC.
The Protection of Women from Domestic Violence Act, 2005 is a statutory law that provides
protection to women in a household, from men in the household. This law not only protects
women who are married to men but it also protects women who are in live-in relationships, as
well as family members including mothers, grandmothers, etc. Under this law, women can seek
protection against domestic violence, financial compensation, the right to live in their shared
household, and they can get maintenance from their abuser in case they are living apart. The
second law is the Dowry Prohibition Act. This is a criminal law that punishes the taking and
giving of dowry. Under this law, if someone takes, gives or even demands dowry, they can be
imprisoned for 6 months or they can be fined up to Rs 5,000. The third law that exists to help
women who are facing violence at home is Section 498A of the Indian Penal Code (Husband or
relative of husband of a woman subjecting her to cruelty). This is a criminal law, which applies
29
November 23, 2018
to husbands or relatives of husbands who are cruel to women. Cruelty refers to any conduct that
drives a woman to suicide or causes grave injury to her life or health – including mental health –
and also includes harassment in the name of dowry. If convicted, people can be sent to jail for up
to 3 years under this law.
Act III: Rape
The scene depicts the brutal gang rape of a girl and does on to address the stigma associate with
rape. A girl is shown to have been raped by a group of five men. The girl survives the rape and
returns home. However, she faces victim-blaming by her own mother. Her mother comments
negatively on her clothes and her habit of travelling alone. She then tries to put sanction and
curfews on her. However, her little brother comes to her aid and insists that an FIR should be
filed.
Victim blaming occurs when the victim of a crime or any wrongful act is held entirely or
partially at fault for the harm that befell them.[1] The study of victimology seeks to mitigate the
prejudice against victims, and the perception that victims are in any way responsible for the
actions of offenders.[2] There is historical and current prejudice against the victims of domestic
violence and sex crimes, such as the greater tendency to blame victims of rape than victims of
robbery if victims and perpetrators knew each other prior to the commission of the crime.
The current law on rape, especially after the 13th Criminal Law Amendment, is quite strong. A
'rape' charge under the S.375 IPC has several parts. Gang rape is provided for in S.376D.
However, problem lies in implementation and lack of adequate use.
Performance of Songs
Students also sang two songs.
The first was Dil Hain Chhotta Sa. The song expresses the dreams and aspirations of young
girls. Young girls are ambitious – they aim for the stars and long to fly high. However, there
wings are clipped at a very young age. This has to change.
The second song was Bekhauf. This song depicts and encourages women’s constant fight for
freedom. In spite of challenges, women are brave and strong. They want to live a life free from
30
November 23, 2018
threats. Breaking traditional gender stereotypes, women need to move together and, in this
movement, everyone needs to be united.
6. OBSERVATION
One of the most important aspects of the legal aid camp was the responsibility of observation
that was imposed upon the students. The first thing that was worthy of observation was the
participation of the audience and the interaction they had with the eloquent speakers. This amply
showed the willingness and the curiosity of the audience to be aware of their rights granted to
them by the Constitution and law. At the same time, it also showed the ignorance ofthe masses at
large about the very basic notions of justice such as fundamental rights.
Moving further, when the skit was presented, a very few faces seemed to be completely awe
struck when they come to know about all these acts. Moreover, the fact that the disputes related
to certain issues in the aforementioned cases does necessarily need to be fought by a legal
practitioner and any person who cannot get the legal practitioner because of being indigent can
get legal aid and thus can have access to justice. This exercise had a lasting impact on the
audience as the information shared proved to be contrary to their shared belief that access to
justice and legal representation was possible only for the rich and not so accessible for the
indigent.
The questionnaire that I had was filled by students of North Gauhati College. Though, nothing
significant came out in the form of a dispute from his side, the observations that are worth
mentioning is ignorance. The ignorance of the concepts such as fundamental right to privacy as
enshrined under Article 21 of the Constitution of India and declared to be a fundamental right in
one of the most landmark judgments of the last year. Moreover, the difficulty in gripping the
notions of wrongful confinement, the responsibility of the State to provide free legal aid left him
in a completely awe-struck situation. But this was utterly displeasing to the researcher because
the ignorance of these rights at the grass-root level often affords an easy opportunity to the
public officials to be deep down in corruption and exploit the beneficial moves of the
government for their selfish interest. In this way, many policies of the Government though,
31
November 23, 2018
existing on paper as well as in action fails to ensure that the fruits of such policies are enjoyed by
those for whom the
government planned and not by those who usurped their rights wrongly
7. CONCLUSION
Although, the success of legal aid camps can’t be measured after only organizing a single camp
as awareness and sensitization is a very slow process, it can be said that our legal aid camp was a
huge success. All the speakers were very efficient in putting forward their views in a lucid and
clear manner and the audience was enthralled by the multi-lingual Skit that was performed by
our students. We were all conscious of the fact that, being a University with students from across
India, we might face some linguistic issues while communicating with the locals of North
Guwahati which is a district in Assam with majority of the population speaking only Assamese.
However, the people of the college were so friendly and collaborative that the language problem
never appears to be a barrier. Moreover, we took pains to ensure that we had our sensitization
programmes in Assamese, Hindi and English.
No number of judicial pronouncements, no amount of statutory laws can bring or can achieve the
desired goals if the people who are governed by it are not aware of those laws. People just give
in to wrong law and wrong procedure because of their ignorance. This ignorance leads to fear of
law and the institutions implementing those laws. Justice is threatened by the vice of inequality
and unequal justice becomes injustice if a person does not have the means of obtaining access to
justice.
Success of such camps can’t be measured after only organising a single camp as this is a very
slow process. Increasing awareness and making people fully aware of their rights and laws is a
very lengthy process.
There were very few people from nearby places as there was no prior campaigning done for this
legal aid camp. The person interviewed who was from that area itself also pointed towards this
32
November 23, 2018
fact, for him people of Kamrup need such legal aid camps but they have to be convinced first
that such camps are organised to help them. They have to be told about what sort of legal advice
they will get and what benefits they can reap from it.
After the legal aid camp, it became quite obvious that laymen are rarely cognizant of their legal
rights and free legal aid. The audience seemed to be surprised by some of the legal facts that
were presented. Ignorance of laws is also one of the main reasons why the general public is
apprehensive about approaching the judicial systems in India. This shows that there is ardent
need for more such Awareness drives in Assam and elsewhere as amount of judicial
pronouncements and statutory laws can bring or can achieve the desired goals if the citizens of
India are not even aware of the rights provided to them.
SUGGESTIONS
 More legal aid camps – Legal aid camps are only of any use if done or organized
regularly and sincerely. There is so much to tell and so much to learn that it is not
possible to do it in one or two camps. A very continuous and systematic process is to be
acquired to achieve some substantial results.
 Prior campaigning – For making legal aid camp a success it is very necessary that prior
campaigning is done. The people of the place where such camp is to be organised should
be informed a day or two in prior of the camp. Along with it they should also be told
about the benefits of attending such camps.
 Language barrier – Legal language and jargons are already so tough to understand for a
lay man and then to make them understand it within such a short period of time. The
people present at the camp were not very comfortable with Hindi or English. So long it is
not done it is very difficult to achieve our goals.
 Encouragement – People should be encouraged to share their legal problems, they should
be made to understand that though there cases may be in court or may be about to go to
court still the volunteers can help them in achieving justice.
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November 23, 2018
9. SELECT BIBLIOGRAPHY
I. Primary Sources:
A. Statutes Referred
• The Code of Civil Procedure, 1908.
• The Constitution of India, 1950.
• The Code of Criminal Procedure, 1973.
• The Legal Services Authority Act, 1987.
B. International Conventions Referred
• Universal Declaration of Human Rights, 1948.
• International Covenant on Civil & Political Rights, 1966.
C. Cases Referred
• Fertilizer Corp. Kamgar Union v. Union of India. AIR 1981 SC 344.
• Francis Coralie Mullin v. Administrator, Union Territory of Delhi (1981) 2 SCR 516.
• Hussainara Khatoon v. State of Bihar AIR 1979 SC 1369.
• Jitendra Nath v. State of West Bengal Board of Education; AIR 1983 Cal 275.
• M.C Mehta v. Union of India (1986) 2 SCC 176.

34
November 23, 2018
• M. H. Hoskot v. State of Maharashtra AIR 1978 SC 1548.
• Olga Tellis v. Bombay Municipal Corporation (1985) 3 SCC 545.
• People’s Union for Democratic Rights v. Union of India AIR 1982 SC 1473.
• Rural Litigation & Entitlement Kendra, Dehradun v. State of Uttar Pradesh AIR 1985 SC 652.
• Sugreev v. Sushila Bai AIR 2003 Raj 149.
• Sunil Batra v. Delhi Administration AIR 1978 SC 1675.
II. Secondary Sources:
• Anthony, M. J., Social Action Through Courts: Landmark judgments in PIL, ISI, New Delhi,
1993.
• Bakshi, P. N., Public Interest Litigation, 2nd Edition, Asoka Law House, New Delhi, 1993.
35

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REPORT ON LEGAL AID CAMP

ORGANIZED AT: NORTH GAUHATI COLLEGE, KAMRUP

NATIONAL LAW UNIVERSTY AND JUDICIAL ACADEMY, ASSSAM

Course Coordinator, PIL, Legal Aid and Para Legal Services

5. PARTICULARS OF THE VISIT...........................................................................................7

10. LEGAL AID CAMP............................................................................................................22

11. ACTIVITIES CONDUCTED..............................................................................................23

Name: Legal Aid Camp

Location: North Gauhati College, College Nagar, Kamrup (R), Assam.

Date and Day of Visit

Date Time Day

Dr. Diptimoni Baruah,

Associate Professor of Law,

National Law University and Judicial Academy, Assam.

Mrs. Daisy Changmai,

Assistant Professor of Law,

National Law University and Judicial Academy, Assam.

As held in Jitendra Nath v. State of West Bengal Board of Education6;

In this case P. N. Bhagwati, J. has observed as under:

• The right to a speedy trial.11

• The right to legal aid.12

• The right to livelihood.13

• The right against pollution.14

 The right to be protected against industrial hazards.15

 The right to human dignity.16

2. LEGAL AND STATUTORY PROVISIONS

The purpose of this legal aid camp was:

 To create awareness about legal and constitutional rights

Sources of Data Collection

5. LEGAL AID CAMP

Speech by Hon’ble Retired Justice D. N. Choudhury

Speech by Shri S.C. Biswas, Senior Advocate, Gauhati High Court.

Act II: Domestic Violence

Act III: Rape

• The Code of Civil Procedure, 1908.

• The Constitution of India, 1950.

• The Code of Criminal Procedure, 1973.

• The Legal Services Authority Act, 1987.

B. International Conventions Referred

• Universal Declaration of Human Rights, 1948.

• International Covenant on Civil & Political Rights, 1966.

• Fertilizer Corp. Kamgar Union v. Union of India. AIR 1981 SC 344.

• Hussainara Khatoon v. State of Bihar AIR 1979 SC 1369.

• M.C Mehta v. Union of India (1986) 2 SCC 176.

• M. H. Hoskot v. State of Maharashtra AIR 1978 SC 1548.

• Olga Tellis v. Bombay Municipal Corporation (1985) 3 SCC 545.

• Sugreev v. Sushila Bai AIR 2003 Raj 149.

• Sunil Batra v. Delhi Administration AIR 1978 SC 1675.

II. Secondary Sources:

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