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Report SLSA
Report SLSA
Authority
Internship Report
Session 1st of June – 21st of June 2022
Acknowledgement
For the successful completion of internship and the guidance provided
while interning, I am grateful to Sh. Rajiv Kamre Sir (Member
Secretary SLSA), Sh. Zeeshan sir (DLAO SLSA), Sh. Sarvesh
Chaturvedi Sir and Sh. Jitendra Dhurve Sir.
Also to Sh. Uma Shankar Agrawal Sir (Secretary DLSA) and Sh. M.
Jeelani Sir who guided and briefed us regarding visits.
And Sh. Shahid Mohammad Sir who briefed us about basics of
mediation.
Thankful to the team of DLSA and MP SLSA for the contribution and
guidance provided while my internship.
I am also thankful to my family and the co-interns for their support
and cooperation.
MP State Legal Service Authority
We learned there the functioning of NALSA, SLSA AND DLSA.
NALSA i.e. National Legal Service Authority established under the Legal
Service Authority Act, 1987 with the objective of providing free legal aid
services to the weaker section of the society and to organize Lok Adalats
for the amicable settlement of disputes.
It is headed by Patron-in-Chief who would be Chief Justice of India, in
present Justice N.V. Ramana is the head of NALSA.
SLSA i.e. State Legal Service Authority is a body which works at State
level and ensures the implementation of directions and policies of
NALSA.
It is headed by Chief Justice of respective HC. So, in present Justice Ravi
Malimath is the Patron-in-chief of MP SLSA.
There are 10 schemes in which NALSA provides legal aid services. They are as
follows:-
1. Legal Services to Disaster Victims through Legal Services Authorities
Scheme, 2010
2. Victims of Trafficking and Commercial Sexual Exploitation Scheme, 2015
3. Legal Services to the Workers in the Unorganized Sector, 2015
4. Child Friendly Legal Services to Children and their Protection Scheme, 2015
5. Legal Services to the Mentally Ill and Mentally Disabled Persons Scheme,
2015
6. Effective Implementation of Poverty Alleviation Schemes, 2015
7. Protection and Enforcement of Tribal Rights Scheme, 2015
8. Legal Services to the Victims of Drug Abuse and the Eradication of the Drug
Menace Scheme, 2015
9. Legal Services to Senior Citizens Scheme, 2016
10. Legal Services to Victims of Acid Attack Scheme, 2016
Observation
On our 1st day, I reported to SLSA where we were briefed on the schemes of
NALSA and SLSA.
There upon we visited to the 5 sections of SLSA, that were
- Establishment
- Planning
- IT Cell
- Store
- Account Section
In Establishment section, yearly records of employees is kept. The staff is of 5
members and they are answerable to Member Secretary SLSA.
In Planning section, we got to know about the schemes of NALSA and SLSA.
In IT Cell, sir told us about that everything now works through information
technology, even in COVID period, proceedings were conducted through virtual
platforms. Video Conferencing facility is available for special cases, records of
which are kept up to 6 months.
In Account Section, budgets is prepared for the expenses of the particular
financial year. It includes salaries of employees, expenditure for the legal aid
services and other expenses. Fines imposed by Courts are collected which are
used for the different activities.
In Store section, they maintain and record all the services required by the
officials.
District Legal Service Authority
At DLSA, Sh. M. Jeelani sir told us about functioning of DLSA.
District Legal Service Authority is a body which executes the directions of
SLSA and NALSA at the district level.
It is headed by Principle District Judge who at present is Sh. Naveen Saxena.
Then, TLSA i.e. Tehsil Legal Service Authority is a body at Tehsil level which
is headed by Senior Judicial Officer.
Then sir told us about the people eligible for legal aid services, so Section 12 of
LSAA, 1987 prescribes the criteria for giving legal services to the eligible
persons.
It reads, 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 SC or ST
(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
(e) a person under circumstances of underserved 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 (104 of
1956), or in a juvenile home within the meaning of clause (j) of section 2 of the
Juvenile Justice Act, 1986 (53 of 1986), or in a psychiatric hospital or
psychiatric nursing home within the meaning of clause (g) of section2 of the
Mental Health Act, 1987 (14 of 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 Government, if the case is
before a court other than the Supreme Court, and less than rupees twelve
thousand or such other higher amount as may be prescribed by the Central
Government, if the case is before the Supreme Court.
Also, sir told us two leading cases on legal aid services which are:
M.H. Hoskot v. State of Maharashtra 1978 SC and,
Hussainara Khatoon v. Home Secretary, State of Bihar 1979 SC
Omti Police Station and Police Control Room`
When we reached police station we were briefed by the Town Inspector
regarding the working of police, he told us that under section 154 CrPC, FIR is
lodged for cognizable offences & under section 155 CrPC, FIR is lodged for
non-cognizable offences, he then moved on to show us computer room where a
Crime Criminal Tracking Network System was there which kept day to day
records, filing of FIR, its status and Police Officials record.
He also told us that there are total 30 registers like General Diary (GD) and
Village Crime Network (VCN) diary which are kept for maintaining different
records.
The common crimes reported are body crimes, house breaking, vehicle lifting
and theft.
We got to know the difference between Police Custody and Judicial Custody,
Police Custody can extended to a max. 15 days whereas the Judicial Custody is
granted by Judicial Magistrate and extends up to the period of 90 days and is
given for offences where punishment is more than 10 years.
Then we reached to Police Control Room where we 1st visited Aablamban
Shakha where family disputes between aged parents and their child is resolved.
Mostly property related matters are reported. If dispute remain unresolved then
concerned authorities are contacted and FIR is lodged.
Then we visited Finger Print Section where the Inspector told us that Finger
prints forms the unique biometric identity and treated as primary evidence in
investigations. They generally deals with severe crimes but signature related
crimes are also dealt with in cases of property & registry.
Then we visited Photographer Room where photographs of crime scenes are
kept.
Moved on to 3rd floor, and visited City Surveillance room where the
Superintendent told us that around 615 cameras are installed in Jabalpur city in
126 locations. There are 3 types of Camera, first is fix, second is PTZ i.e.
Penetrate Till Zoom which rotates 360 degree and third was ANPR i.e.
Automatic Number Plate Recognition. According to him monitoring is kept
24*7.
Then to the DIAL 100 room where all police stations at Jabalpur are connected
and if any call is reached to them FRV (First Response Vehicle) is sent to that
place. Total FRVs available is 45.
Mediation basics by Shahid Sir
A session on Mediation was taken by Shahid sir who has been a mediation
trainer at SC.
He briefed us about Mediation, how it came, what are the qualifications of a
mediator, and how the whole process of mediation takes place.
Mediation and its history
Mediation is a voluntary party centered & structured negotiation process, where
a neutral third party assist the parties in resolving their disputes using
specialized communication.
Arbitration and mediation are a deeply embedded dispute resolution
mechanisms in India’s commercial practices and social life, Sage Yajnavalkya is
said to have, in ancient Indian texts, referred issues to various arrangements
including srenis (occupational guilds), kula (family or clan assemblies), and
puga (tribunals that comprised of people dwelling in the same place), all of
which closely approximate the present system of arbitration.
The concept of mediation got legislative recognition for the first time in the
Industrial Disputes Act, 1947. The conciliators appointed under Section 4 of the
Act are “charged with the duty of mediating in and promoting the settlement of
industrial disputes”.
Then through the Legal Services Authority Act, 1987 statutory status was given
to Lok Adalts in India for the first time. Under this act, the decision of the Lok
Adalats have been awarded the same status as that of a civil court.
Later on, the legislature by the Code of Civil Procedure (Amendment) Act,
1999, amended section 89 of the CPC with effect from 1.7.2002 whereby
mediation was envisaged as one of the modes of settlement of disputes. The
amendment in Section 89 was made on the recommendation of the Law
Commission of India and the Justice Malimath Committee.
Then, finally came the Arbitration and Conciliation Act, 1996 which had been
modelled on the lines of the UNCITRAL (United Nations Commission on
International Trade Law) framework of laws.
Landmark Cases on Mediation
In the landmark case of Afcons Infrastructure Ltd v. Cherian Varkey
Construction Co. (P) Ltd 2010, the Supreme Court observed that all cases
relating to trade, commerce, contracts, consumer disputes and even tortious
liability could normally be mediated. This case is referred as Bible of
Mediation.
In another case of MR Krishna Murthi v. New India Assurance Co. Ltd.
2019, the Supreme Court, asked the government to consider the feasibility of
enacting an Indian Mediation Act to take care of various aspects of mediation in
general. The Court further directed the government to examine the feasibility of
setting up a Motor Accidents Mediation Authority (MAMA) by making
necessary amendments in the Motor Vehicles Act, meanwhile NALSA was
directed to set up Motor Accident Mediation Cells, which can function
independently under the aegis of NALSA or can be handed over to MCPC.
Also, in the case of Moti Ram and Anr. Vs Ashok Kumar 2008 SC, it was
held that mediation proceedings were confidential in nature, and that only an
executed settlement agreement or alternatively a statement that the mediation
proceedings were unsuccessful, should be provided to the court by the mediator.
In Sri Lanka, 6 lakh cases are settled by ADR, similarly in Bangladesh 1300
pilot courts were set up in 2021-22 for resolving matters through ADR.
Types of ADR:
Arbitration, Conciliation, Lok Adalat and Mediation.
Qualifications of a Mediator
It can be Retired Judge, Judges of HC & SC, and Advocates with 10 years of
experience.
Stages of Mediation
1. Introduction: - Mediator introduces himself to the parties, explains the
mediation process and establishes his neutrality. He explains the ground rules
and initiates the confidential process of dispute resolution.
2. Joint Session: - Mediator gathers information about the factual background
and interests of the parties, establishes interaction between them and creates a
suitable environment for an amicable settlement.
3. Individual (Separate) Sessions: - When it becomes necessary, a mediator
allows the disputing parties to further explain their grievances, continues to
gather information, persuades individual parties to share confidential
information and helps them to create options for an amicable settlement.
4. Agreement: - Mediator confirms and clarifies the terms of settlement and
reduces the settlement into a clear, complete, concise and binding agreement.
ONE STOP CENTER
On the 5th of June we visited one stop center where we met the supervisor Mrs.
Savitri Dubey , case worker Mrs. Gaitri Dixit, the head was Mrs. Reeeta
Hardaha who was the project officer, they briefed us about the happenings of
the place.
One stop center is that one place where women can take shelter, as being a
victim of mental, physical or economic abuse. Women are provided with a
safety kit which contains woman daily essential items like sanitary pad, combs
and cosmetics etc.
Women are kept here for 5 days; they are also allowed monetary allowances.
This One stop center deals with more than 60 cases in a month, out of which
most cases are of domestic violence, the center takes care of the child of the
victim as well and the child can stay with the mother is he/she is less than 8
years of age.
A budget of round 15 lakhs is provided to the center.
The staff is of a total of 12 members, out of which 2 are care takers, 4 are case
workers, 3 are from the police department and the other 3 are safety workers.
Victims are usually around the age of 35 – 50 years; those above 60 are sent to
Alambhan Shakha.
Those victims who are not mentally stable are not kept within the center.
MEDIATION ROLE PLAY
The visit started off by an introductory program, where the interns and the
officers including the jailer and the panel advocate gave speech about various
topics in consensus with the prisoners, their rights, how can the prisoners
acquire legal aid etc.
Followed by the touring of the Netaji Subhash Chander Bose Central Jail, first
of all we were shown the little museum made in respect of Neetaji, keeping in
mind his stay of a total 214 days in this particular central jail while he was
imprisoned by the British, there we witnessed various belongings of neetaji and
obviously his barrack, which is now open for the public too.
The
Labour Court
The presiding officer of the labor court was Judge Mr. Shreekrishna Dagaliya.
Mr. Dagaliya told us that he deals with nearly 70-80 cases in a day.
A Labor court is actually a tribunal and hence the principles of evidence act are
not applicable here. The Labour Court has exclusive jurisdiction to determine
matters arising from the BCEA regardless of the stage at which the proceedings
are at. In limited instances namely, the determination of any matter concerning a
contract of employment, the Labour Court shares jurisdiction with the civil
courts. The BCEA does not contemplate a situation where an employee should
first approach a labour inspector before seeking relief from the Labour Court.
The appropriate Government may, by notification in the Official Gazette,
constitute one or more Labour Courts for the adjudication of industrial disputes
relating to any matter specified in the Second Schedule and for performing such
other functions as may be assigned to them under this Act, defined under section
7 of the Act.
We were also given an opportunity to witness the proceedings of the Labour
Court to get good hang of how everything is worked out.
Rehabilitation Center
We went to SANKALP NASHA MUKTI KENDRA on the 18th of June.
The head was Mrs. Shashikala Gautam.
These are basically a centre or clinic where people with an alcohol or drug
addiction are treated, an alcohol and drug rehabilitation centre.
The fees here were Rupees 15,000 a month per patient. The patients are usually
admitted there for a 3 month recovery course. There were currently 17 patients,
with a capacity to accommodate 22 patients.
Patients there do not include people less than 18 years of age and females. Most
patients belong between the age group of 35- 45 years, and also belonged to
poor or lower middle class families.
There is total staff of 9 people. The patients are made to follow a routine, which
includes daily medical checkups, entertainment, yoga, motivational sessions etc.
The staff briefed us that the success rate was nearly 60%.
They informed us about how they dealt with cases were patients turn extremely
violent in want of alcohol or drugs, they would inject the particular patient with
an appropriate drug so as to calm them down later council them.
Marriage Register Office and Child Welfare Commission Visit
Marriages in India are governed through personal laws of different religions.
Hindu Marriage Act, 1955
Marriages of Hindu, Sikhs, Buddhists, Jains, are governed under Hindu
Marriage Act, 1955.
As per Section 2 of the act, marriage amongst Hindus in any form irrespective
of caste or creed or amongst any person who is bound under Hindu Marriage
Act, 1955 like Buddhists, Sikhs, and Jains is a Hindu Marriage.
Under this act, marriage is considered as a religious sacrament and not just a
contract.
Hindu Marriage Act, 1955 incorporates Monogamy and strictly prohibits a
Hindu from getting involved in a marital relationship with more than one
person.
There are no restrictions imposed under the Hindu Marriage Act, 1955 in terms
of caste and communities. Hence Inter-caste and inter-communal marriages are
completely lawful under this act.
In Hindu society, marriage within the pinda is prohibited. According to
Brahaspati, offspring from five maternal, generations and seven paternal
generations are sapinda and they cannot inter-marry.
Marriages in Muslims
Marriages in Muslims are governed through Shariat Act of 1937.
The general essentials of a Muslim Niqah are:
- Parties must have capacity to marry.
- Proposal (ijab) and acceptance (qubool).
- Free consent of both the parties.
- A consideration (mehr).
- No legal Impediment.
- Sufficient witnesses (different in shia and sunni).
Registration of marriage in Muslims is compulsory and mandatory, as Muslim
marriage is treated as a civil contract. According to section 3 of Muslim
Marriages Registration Act 1981- “Every marriage contracted between Muslims
after the commencement of this Act, shall be registered as hereinafter provided,
within thirty days from the conclusion of the Nikah Ceremony”.
Nikahnama in Muslim marriages is signed, which is a type of legal document
which contains the essential conditions/details of the marriage.
Christian Marriage Act, 1872
The Indian Christian Marriage Act, 1872, relates to solemnization of marriage
of persons professing Christian religion.
Under Section 5 of the Act Christian marriages can be solemnized by -
- A person who has received episcopal ordination,
- Any clergyman of the Church of Scotland,
- Any Minister of Religion licensed under the Act.,
- A Marriage Registrar appointed under section 7 of the Act and
- Any person licensed under section 9 to grant certificates of marriage.
Marriage under Christian Law is in the nature of contract and hence there
should be a free and voluntary consent between the parties.
Special Marriage Act, 1954
The Special Marriage Act is a central legislation made to validate and register
inter-religious and inter-caste marriages in India.
It allows two individuals to solemnize their marriage through a civil contract.
No religious formalities are needed to be carried out under the Act.
Under section 5 and 6, the parties wishing to marry are supposed to give a
notice for their marriage to the Marriage Officer in an area where one of the
spouses has been living for the last 30 days. Then, the marriage officer
publishes the notice of marriage in his office.
Anyone having any objection to the marriage can file against it within a period
of 30 days. If any such objection against the marriage is sustained by the
marriage officer, the marriage can be rejected.
Registration of Marriage
A marriage certificate is a legal statement which proves that two people are
married legally. The MP State Government provides a marriage certificate only
after the civil registration of the marriage.
At registration office mam told us about the documents required for registration
of marriage.
- The bride and groom can apply after a month of marriage
- The groom and bride should be 21 years of age
Documents required:
- Birth certificate or mark sheet of groom and bride
- Wedding cards of marriage
- Wedding ceremony photo
- ID proofs of both bride and groom
- Details of 2 witnesses
Through the Signature of Additional Collector the registration of marriage
becomes complete.