Professional Documents
Culture Documents
SUBMITTED TO:
SUBMITTED BY:
Naman Malik
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OFFICE OF THE DISTRICT LEGAL SERVICES
AUTHORITY (DLSA) DISTRICT COURT, GWALIOR
INTERNSHIP PROGRAMME
(OCT 23,2021 TO NOVEMBER 8,2021)
TABLE OF INDEX
SR. DATE SUBJECT COURT/
NO DEPARTMENT/
. ORGANISATION/
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6. OCT 30,2021 REGARDING THE VISIT AND GOVERNMENT
(MONDAY) FUNCTIONING OF LEGAL EXCELLENCE
LITERACY CLUB AND CLINICS SCHOOL MORAR
GWALIOR
7. OCT 31,2021 INSPECTION AND WORKING OF NARAYAN OLD
(TUESDAY) OLD AGE HOMES BUILT FOR THE AGE HOMES,
RESIDENCE OF SENIOR CITIZENS LAXMIGANJ,
GWALIOR
8. NOV 2,2021 VISITATION OF COURTS OF MR. M.N.H.
(THURSDAY) IMMENSE DISTRICT JUDGE AND RAZVI, JUDICIAL
MAGISTRATE JUDGE POSTED ON MAGISTRATE
ESTABLISHMENT OF DISTRICT FIRST CLASS
COURT DISTRICT COURT
GWALIOR
9. NOV 3,2021 VISITATION OF COURTS OF MR. PAWAN
(FRIDAY) IMMENSE DISTRICT JUDGE AND KUMAR PATEL,
MAGISTRATE JUDGE POSTED ON JUDICIAL
ESTABLISHMENT OF DISTRICT MAGISTRATE
COURT FIRST CLASS
DISTRICT COURT
GWALIOR
10. NOV 4,2021 IN RELATION TO THE RIGHTS OF MANTAL
(SATURDAY) MENTAL PATIENTS AND THEIR HOSPITAL VINAY
LEGAL RIGHTS AND LEGAL NAGAR
CLINICS BAHODAPUR,
GWALIOR
11. NOV 6,2021 TO VISIT FAMILY COURT, FAMILY COURT,
(MONDAY) GWALIOR GWALIOR
12. NOV 7,2021 REGARDING THE FUNCTIONING LABOUR COURT,
(TUESDAY) AND OPERATION OF THE MOTIMAHAL,
LABOUR COURT GWALIOR
14. NOV 8,2021 INFORMATION REGARDING MR. ARUN
(WEDNESDAY) VARIOUS SCHEMES OPERATED SINGH PROJECT
BY NALSA COORDINATOR,
GWALIOR
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DAY-1 DATE – OCT 23,2021
Today I came to the district court Gwalior and then I reach to the
office of district legal service authority with the help of the posters in
the sign displayed in the premises of the District Court Gwalior. Then
I met Mr. Arun Singh Sir who is project cordinator in district legal
services authority and he introduce himself and also taken a brief
introduction of the district court and working of office. Then he
explain some legal words and some schemes.
MEDIATION:
The attempt to settle a legal dispute through active participation of a
third party (mediator) who works to find points of agreement and
make those in conflict agree on a fair result. Mediation differs from
arbitration in which the third party (arbitrator) acts much like a
judge. Mediation has become very common in trying to resolve
domestic relation disputes (divorce, child custody, visitation). It also
become more frequent in contract and civil damage cases. There are
professional mediators, or lawyers who do some mediation for
substantial fees, but the financial cost is less than fighting the matter
out in court and my achieve early settlement.
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CHILD MARRIAGE PROHIBITION ACT, 2006:
OBJECT: The object of the Act is to prohibit solemnization of
child marriage and connected and incidental matters. To
ensure that child marriage is eradicated from within the society,
the government of India enacted Prevention of Child Marriage
Act 2006 by replacing the earlier legislation of Child Marriage
restraint Act 1929. This new Act is armed with enabling
provisions to prohibit for chid marriage, protect and provide
relief to victim and enhance punishment for those who abet
promote or solemnize such marriage. This Act also calls
appointment of Child Marriage Prohibition officer for whole or a
part of a state by the state government. A child is a person who
is not completed 21 years in case of male and 18 years in case
of female.
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DAY-2 DATE – OCT 24,2021
Today I came to the district court Gwalior and Then I again met Mr.
Arun Singh Sir who is project cordinator in district legal services
authority. Today he was talking about the Legal Aid and the concept
of Lok Adalat and he also talking about the retainer and Para Legal
Volunteers working in the office.
LEGAL AID:
Article 39A of the constitution of India provides for free legal aid to
the poor and weaker sections of the society and ensures justice for
all. Articles 14 and 22(1) of the constition also make it obligatory for
the state to ensure equality before law and a legal system which
promotes justice on the basis of equal opportunity to all. In the case
of Hussainara Khatoon vs. State of Bihar, it was held that if any
accused is not able to afford legal services then he has a right to free
legal aid at the cost of the state.
1. Payment of court fee, process fees and all other charge payable
or incurred in connection with any legal proceedings;
2. Providing service of lawyers in legal proceedings;
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3. Obtaining and supply of certified copies of orders and other
documents in legal proceedings;
4. Preparation of appeal, paper book including printing and
translation of documents in legal proceedings.
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THE CONCEPT OF LOK ADALAT:
Lok Adalat is judicial body set up for the purpose of facilitating
peaceful resolution of disputes between the litigating parties. It has
the powers of an ordinary civil court like summoning, examining
evidence etc. Its orders are like any court orders, yet the parties
cannot appeal against such orders. Lok Adalat can resolve all
matters, except criminal cases that which are non-compoundable.
Either of the parties to litigation can make an application to the court
for transferring the case to a lok adalat. Where no compromise or
settlement is made by the lok adalat, such a case is transferred to the
court and that court deals with the litigation from the stage the lok
adalat has reached.
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DAY-3 DATE – OCT 26,2021
Today I came to Child Welfare Committee Gwalior and Then I met
Mr. Kishan Hindolia Sir who is the head of Child Welfare Committee
Gwalior. He was talking about functioning of the child welfare
committee, Rights of children residing in Child Home Welfare and
Safety, Gwalior.
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A final order must be given within four months of the
admission of the child before the CWC. The CWC also has powers to
hold people accountable for the child such as in the case of child
labour. The employees are fined or made to give bonds of the
children. CWC also has the power to transfer the child to a different
CWC closer to the child’s home or in the child’s state to dispose of
the case and remain the child with the family.
INTRODUCTION:
The Juvenile Justice Act 2015 is the principle law in the country for
children alleged and found to be in conflict with law and children in
need of care and protection. The Act provides for children friendly
approaches in the adjudication and disposal of matters keeping best
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interest of children as paramount. The Act also provides for several
institutional and non-institutional measures for rehabitation and
social re-integration of children.
The Act has came into force from 15th January, 2016 and the
Model rules under the Act were notified on 21st September, 2016.
The provisions of the act guided by fundamental principles for care
and protection of children which are detailed in chapter 2 of the Act.
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DAY-5 DATE – OCT 28,2021
Today I came to the Central Jail Gwalior and Then I met Mr. Prabhat
Kumar Sir who is vice jailor in Central Jail Gwalior. He was talking
about the Legal Aid provided to detained prisoners in Central Jail
Gwalior, for editing legal aid clinics.
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The National Legal Services Authority (Legal Aid Clinics) Scheme
2010, adopted in the meeting of the Central Authority of NALSA
held on 8:12:2010 at Supreme Court of India, mandates the
setup of legal aid clinics in the community.
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DAY-6 DATE – OCT 30,2021
Today I came to the Government Excellence School Morar, Gwalior
and Then I met Mr. Deepti Gaur Mam who is head in Government
Excellence School Morar, Gwalior. She was talking about the
functions and acitvities of Legal Literacy Club and she was aslo talking
about the distribution of books and reading materials which are
prepared by the State Legal Services Authority
(SLSA).
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FUNCTIONS AND ACTIVITIES OF THE CLUB
The primary function of the Student Legal Literacy Club is to spread
Literacy Club and awareness in their neighbourhood and act as a
bridge between the persos in need of legal services and SLSA. The
functions and activities of the club include the following:-
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The State Legal Services Authority (SLSA) will prepare booklets,
reading materials, leaflets, pamphlets etc. in local language
with contents appropriate to the objective of the scheme and
functioning of the club and cause distribution of the same to
the members of the clubs for the purpose of their self-
awareness and mass awareness.
The SLSA may take help in different departments
such as Education, Health and Family Welfare, Social Welfare
Development, Forest and Environment, Law, Labour and
Employment and other departments and also help the
Government of India in different departments as well as UNDP,
UNFPA and other voluntary organisations to share with them
the expenditure to be incurred in preparation of the materials
and meeting the other expenditure.
Those Government Departments and N.G.O.s may
also render help in providing these materials, or collaborate
with the SLSA in organising and sponsoring different legal aid
programmes under this scheme.
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DAY-7 DATE – OCT 31,2021
Today I came to the Narayan Old Age Home, Laxmiganj, Gwalior and
He was talking about the working of old age homes built for the
residence of senior citizens in Narayan Old Age Home, Laxmiganj,
Gwalior. He was talking about the Maintenance and Welfare of
Parents and Senior Citizens Act,2007.
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MAINTENANCE AND WELFARE OF PARENTS AND SENIOR
CITIZENS ACT,2007 :
1) A childless senior citizen can claim maintenance from any
relative who possess his property or who would inherit it.
2) The state government is directed to constitute a tribunal which
would hear the cases regarding maintenance.
3) The maximum maintenance allowance is to be specified by the
state government which should not exceed 10,000 per month.
4) There is a provision of imprisonment if a person defaults in the
payment of maintenance as per the order of the tribunal.
5) The appeal against the order of the tribunal can be made to the
appellate tribunal within a period of 60 days.
6) The parties cannot engage a legal practitioner for the
proceedings to cut the cost of the proceedings.
7) The Act provides for establishment of at least one old age-
home in each district with a capacity to shelter 150 senior
citizens.
8) A senior citizen can also cancel the transfer of his property by
will or gift by applying to the tribunal.
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DAY-8 DATE – NOV 1,2021
Today I came to the district court and then I reach to the court of
immense District Judge and Magistrate Judge Mr. M.N.H. Razvi,
Judicial Magistrate First Class District Court Gwalior and he introduce
himself and also taken a brief introduction of the district court and
working of office.
He taught some case laws in which some were civil cases and
some were criminal cases and then he explained those cases very
well. He explained very well how a case is filed and how that case
come to the court after that. He also talking about the civil law and
criminal law
CIVIL LAW:
A civil law refers to a general law, which is concerned with disputes
between individual, organizations, or both wherein the wrongdoer
compensates the affected one. Civil law filed by the plaintiff. The
purpose to file a civil law is to sustain the rights of a person and to
compensate him. A civil law deals with any harm or violation to
individual rights. In civil law, the powers of court are award for
damages or injunction. The outcome of civil law is sue.
CRIMINAL LAW:
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A criminal law implies the law related to the offenses or crimes
committed against the society as a whole. The purpose to file a
criminal case is to maintain law and order, to protect society and to
give punishment to the wrongdoers. A criminal case filed by the
government. It starts with firstly, a complaint is lodged with the
police who investigate the crime, thereafter, a case is filed in the
court. An outcome of criminal law is punishment. In criminal law, the
powers of court are imprisonment, fine, discharge.
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DAY-9 DATE – NOV
03,2021
Today I came to the district court and then I reach to the court of
immense District Judge and Magistrate Judge who introduced
himself as Mr. Pawan Kumar Patel, Judicial Magistrate First Class
District Court Gwalior and he gave the brief introduction of how
criminal court works and also made me at visit at various courts
dealing with family civil etc. and at last to the Chief Judicial
Magistrate.
CRIMINAL COURT
He explained that criminal cases involve enforcing public codes f
behaviour as embodied in the laws, with the government
prosecuting individuals or institutions. In a criminal case, the
government brings charges against the person alleged to have
committed the crime. He told us that a vehicle collision might lead to
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a criminal case, it involves allegations of a crime such as drunken
driving or leaving the scene of an accident.
INRODUCTION:
Marriage is an institution which is considered as sacred in India. But
with the changing times marriage has become a subject of great
judicial scrutiny. Before 1984 all family matters were seen by
ordinary civil court judges who used to deal with matters like
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recovery of money or property. In 1984 the government of India
after the recommendation of the law commission in their 59 th report
the family courts were created by a gazette notification of the
Central Government. This Act was known as ‘The Family Courts Act,
1984.’
CONCLUSION:
In India, 153 family courts have been established. Yet many of them
lack basic infrastructure and proper rules and procedure. There are
many states that still don’t have family courts like Haryana,
Arunachal Pradesh, and Mizoram. However, the court has proved to
be one of the most efficient mechanisms for solving family disputes.
Many marriages have been saved, many women were give their
basic rights and many family disputes have been resolved.
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DAY-12 DATE – NOV
07,2021
Today I went to the labour court at Motimahal Gwalior, in order to
enquire about the functioning and operation of labour court. We
meet the judge in the labour court works and what all labour act
applies and about various reliefs given to the labourers.
LABOUR LAWS:
He gave the brief introduction about Industrial Disputes Act, 1947,
which has been enacted for the investigation and settlement of
industrial disputes in any industrial establishments and about the
Trade Unions Act, 1926, which seeks to provide for the registration
of trade Unions in India and for the protection of the same.
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Minimum Wages Act 1948 provides for fixing of minimum rates
of wages in certain employments.
The employees provident funds and Miscellaneous Provisions
Act,1952, provides for the institution of provident funds,
pension funds, and deposit-linked insurance funds for
employees and applies to all establishments employing 20 or
more persons or class of persons.
Employees state Insurance Act 1948 provides certain benefits
to employees in case of sickness, maternity and employment
injury.
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homeless, destruction of property or damage to or degradation of
environment and subject to human sufferings and damage beyond
the coping capacity of the community of the affected area. Even
though it is the duty of the Government and the Administration of
the locality to come to the help of the victims of disaster, Legal
Services Authorities by virtue of sub-clause (e) of section 12 can play
an effective role by coordinating the activities of the State
Administration in the disaster management by way of strategic
interventions in an integrated and sustainable manner, reducing the
gravity of the crisis and to build a platform for early recovery and
development. The Legal Services Authorities shall endeavour tp help
the victims and the administration for reducing risk and assisting
them to adopt disaster mitigation policies and strategies, reducing
the vulnerabilities of the geographical and social situation and
strengthening their capacities for managing human made and natural
disasters at all levels.
OBJECTIVE:
The objective of the scheme is to provide legal services to the victims
of disaster – both manmade and natural – who are under
circumstances of undeserved want being victims of mass disaster,
ethnic violence, caste atrocities, flood, drought, earthquake or
industrial disasters. The intervention of legal services authorities
should be for coordinating the integrated, strategic and sustainable
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development measures taken by the Government and Disaster
management Authorities for reducing the period of crises and for
building a platform for early recovery and development. The thrust
of the efforts for by the State Legal Services Authrities shall be for
strengthening the capacity of the victims for managing the disaster
at all levels and to coordinate with the Government Departments
and non-governmental organisations and also for providing legal aid
to the victims.
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