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MUMBAI SUBURBAN DISTRICT

LEGAL SERVICES AUTHORITY


HIGH PEAK APARTMENT, S. V. ROAD, NEAR BANDRA LAKE, BANDRA WEST, MUMBAI 400050

MAHARASHTRA NATIONAL LAW


UNIVERSITY, NAGPUR

INTERNSHIP REPORT
BY
ARPITA RAJESHKUMAR UPADHYAY
1ST YEAR, B.A.L.L.B (HONS.)

SEPTEMBER, 2023
NAME OF THE : Mumbai Suburban District Legal
ORGANIZATION Services Authority
ADDRESS: : High Peak Apartment, S.V. Road, Near
Bandra Lake, Bandra (West), Mumbai –
400050.
CONTACT NUMBER : 8591903602
EMAIL : mumbai-sub.dlsa@bhc.gov.in
mumbaisuburban99@gmail.com
FIELD CONTACT: : Mr. Satish B. Hiwale,
Hon’ble Secretary/ Judge, Mumbai
MSDLSA, Mumbai.

ABOUT THE ORGANIZATION

1. Towards fulfilling the Preambular promise of securing to all the citizens,


justice social, economic and political, Article 39A of the Constitution of India
provides for free legal aid to the poor and weaker sections of the society, to
promote justice on the basis of equal opportunity. Articles 14 and 22(1) of the
Constitution also make it obligatory for the State to ensure equality before law.
In 1987, the Legal Services Authorities Act was enacted by the Parliament, which
came into force on 9th November, 1995 to establish a nationwide uniform
network for providing free and competent legal services to the weaker sections
of the society. The National Legal Services Authority (NALSA), at the National
Level and the Maharashtra State Legal Services Authority (MSLSA), at State
Level and the District Legal Services Authority (DLSA) are also constituted
under the same Act.
2. Public awareness, equal opportunity and deliverable justice are the
cornerstones on which the edifice of MSLSA and DLSA is based. The principal
objective of MSLSA and DLSA is to provide free and competent legal services
to the weaker sections of the society and to ensure that opportunities for securing

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justice are not denied to any citizen by reason of economic or other disabilities,
and to organize Lok-Adalat for amicable settlement of disputes. Apart from the
abovementioned, functions amongst other, also include spreading legal literacy
and awareness, undertaking social justice litigations etc.
3. With the aim of reaching out to the diverse milieu of people belonging to
different socio economic, cultural and political background, MSLSA and DLSA
identifies specific Categories of the marginalized and excluded groups from the
diverse populace of the Society. MSLSA and DLSA implement various NALSA
schemes. It also undertakes preventive and various strategic legal services
programs at the various levels through the Legal Services Authorities under it.
In carrying out all these responsibilities, under the aegis of NALSA, the MSLSA
works in close coordination with the High Court Legal Services Committee (at
High Court Level), District Legal Services Authorities (at District Level), Taluka
Legal Services Committees (at Taluka Level) and other agencies for a regular
exchange of relevant information, monitoring and updating on the
implementation and progress of the various schemes in vogue and fostering a
strategic and coordinated approach to ensure smooth and streamlined
functioning of the various agencies and stakeholders. MSLSA through DLSA is
rendering yeomen services with a strong belief that Legal Aid is not a charity but
a constitutional obligation to secure - “Access to Justice for All”.
4. The duty of every District Authority is to perform such of the functions of
the State Authority in the District as may be delegated to it from time to time by
the State Authority. This includes;
➢ Coordinating the activities of the Taluka Legal Services Committee and
other legal services in the district.

➢ Organize Lok-Adalat within the District for pending cases of all types, as
well as special Lok-Adalat for special categories of cases. Lok-Adalat
limit costs, delays and ensure speedy justice, overcoming legal
technicalities.

➢ Undertake responsibilities of pre-litigation dispute resolution through


conciliation mechanism by establishing Permanent Lok-Adalat in each

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district where matters relating to Public Utility Services are taken up for
settlement.

➢ Perform such other functions as the State Authority may fix by


regulations.

➢ Provides free and competent legal aid in counselling and legal advice, as
well as free legal services in the conduct of cases before Courts and
Tribunals.

➢ Undertake preventive and strategic legal aid programs.

➢ Spreads Legal Awareness among the public, targeting particularly the


beneficiaries of social legislations and the public at large on various issues
of legal importance.

➢ Special endeavour is made for rendering free legal aid to under trial
prisoners whose cases are pending in courts.

➢ Organizes Legal Literacy Classes in colleges, jails and Legal Awareness


programs for women and children in need of care and protection.

5. In the discharge of its functions under this Act, the District Authority,
wherever appropriate, acts in coordination with other governmental and non-
governmental institutions, universities and others engaged in the work of
promoting the cause of legal services to the poor and guided by such directions
as the Central Authority or the State Authority may give to it in writing.

6. Free legal aid is the provision of free legal services in civil and criminal
matters for those poor and marginalized people who cannot afford the services
of a lawyer for the conduct of a case or a legal proceeding in any Court, Tribunal
or Authority. These services are governed by Legal Services Authorities Act,
1987 and headed by the National Legal Services Authority (NALSA). Provision
of free legal aid may include:

a) Representation by an Advocate in legal proceedings.

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b) Payment of process fees, expenses of witnesses and all other charges
payable or incurred in connection with any legal proceedings in
appropriate cases;
c) Preparation of pleadings, memo of appeal, paper book including
printing and translation of documents in legal proceedings;
d) Drafting of legal documents, special leave petition etc.
e) Supply of certified copies of judgments, orders, notes of evidence and
other documents in legal proceedings.
f) Provide victim compensation under the Manodhairya Scheme to rape,
acid attack and victims of sexual assault. Free Legal Services also include
provision of aid and advice to the beneficiaries to access the benefits
under the welfare statutes and schemes framed by the Central
Government or the State Government and to ensure access to justice in
any other manner.

7. According to Section 2(c) of the Legal Services Authorities Act, 1987,


“legal services” includes 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 sections of the society as enlisted under Section
12 of the Legal Services Authorities Act are entitled for free legal services, they
are:

(a) A member of a Scheduled Caste or Scheduled Tribe;


(b) A victim of trafficking in human beings or beggar as referred
to in Article 23 of the Constitution;
(c) A woman or a child;
(d) A mentally ill or otherwise disabled person
(e) A person under circumstances of undeserved want such as
being a victim of a mass disaster, ethnic violence, caste atrocity,
flood, drought, earthquake or industrial disaster; or
(f) An industrial workman; or
(g) In custody, including custody in a protective home within the
meaning of clause (g) of Section 2 of the Immoral Traffic
(Prevention) Act, 1956(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

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nursing home within the meaning of clause (g) of Section 2 of the
Mental Health Act, 1987(14 of 1987); or
(h) a person in receipt of annual income less than the amount
mentioned in the following schedule (or any 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 Rs 3
Lakh, if the case is before the Hon’ble Supreme Court.

VISIT TO JUVENILE JUSTICE HOME


8. On our first day of the internship, we were privileged to receive an
invitation to a program held at the Juvenile Justice Home in Dongri, Mumbai,
which brought together distinguished advocates and esteemed judges. The
program, spanning from 2 pm to 4 pm, was crafted to provide us with a
comprehensive insight into the Juvenile Justice Act and its practical
implications.

9. The program commenced promptly at 2 pm, setting the stage for an


afternoon filled with invaluable insights into the intricate workings of the
juvenile justice system. Throughout the session, the Juvenile Justice Act was
meticulously explained, with each section subjected to thorough examination
and discussion. Advocates in attendance actively engaged with one another,
raising questions and presenting their opinions, fostering a dynamic and
interactive learning environment. One of the primary focal points of the
program was the detailed exploration of the sections that pertain to the
apprehension and custody of juveniles in the Juvenile Justice (Care and
Protection of Children) Act, 2015. We delved into the nuances of how the law
addresses the issue of bail for juvenile offenders and the corresponding
punishments outlined within the Act. The discussion about this Act primarily
included the following sections-

Section 3- General Principles to be followed in administration of this Act


Section 4- Juvenile Justice Board
Section 7- Procedure in relation of the Board

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Section 12- Bail to a person who is apparently a child alleged to be in
conflict with law.
Section 15- Preliminary assessment into heinous offences by Board.
Section 18- Orders regarding child found to be in conflict with law
Section 25- Special provision in respect of pending cases.
Section 27- Child Welfare Committee.
Section 39- Process of rehabilitation and social re-integration.
Section 40- Restoration of child in need of care and protection.
10. Besides these, multiple other sections were discussed. However, these
sections were thoroughly explained. This in-depth analysis provided us with a
holistic view of the legal framework governing juvenile justice in India.

11. What made this experience even more enlightening was the opportunity
to tour the Juvenile Justice Home itself. This tour allowed us to witness
firsthand the practical application of the principles discussed during the
program. Seeing the facilities and interacting with the staff gave us a deeper
understanding of the challenges and responsibilities associated with the care
and rehabilitation of juvenile offenders.

VISIT TO STATE HUMAN RIGHTS COMMISSION


12. During my internship at MSDLSA, I got an opportunity to visit the Legal
Aid Clinic of the Maharashtra State Human Rights Commission. The clinic is

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established under the Legal Services Authority Act, 1987 and National Legal
Services Authority (Legal Aid Clinics) Scheme, 2010 to provide free legal aid
and advice to those in need. There I met Advocate Simran Chandani and
Advocate Divya Hake who are panel members of DLSA, Mumbai and offer
free legal aid and advice as part of the team.

13. At MSHRC, the legal aid clinic provides legal aid and advice to people
who fall under the parameters laid down by the Act and for cases that fall under
the parameters of MSHRC. The advocate informed that the clinic is in
operation since a month and they get approximately 2-3 cases in a day. Cases
relating to violation of Human Rights in the state of Maharashtra are filed at
the Commission. The process of filing the complaints is via 4 modes i.e., by
post at the registered address, by hand at the office of MSHRC, by email and
by portal. The complaint can be filed in English, Hindi and Marathi. The
criteria for acceptance or rejection of a complaint are as per Regulation 12 of
Maharashtra State Human Rights Commission (Procedure) Regulations 2011.
Due to violation of Human Rights the cases do not undergo any form of pre-
litigation mediation.

14. The types of courts in the MSHRC are of 2 types: 1. Division Bench – for
higher cases 2. Single Bench – other cases There is provision of video
conference for those unable to physically be present for the proceedings. I got
an opportunity to attend a hearing of a case in the court Hon’ble Chairperson
of MSHRC Justice K.K. Tated (Retd.) and attend court proceedings. The role
of DLSA panel members at MSHRC will be that of Advisory, drafting, research
and appearance. I also got an opportunity to observe and understand the setting
of MSHRC.

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VISIT TO FAMILY COURT LEGAL AID CLINIC

15. Throughout my internship journey I had visited the Legal Aid Clinic of
MSDLSA at the Family Court, Bandra and observed the work of the legal aid
and pre-litigation mediation clinic. Legal aid clinic provides free legal aid
services, legal advice and offers pre-litigation mediation services to the needy.
The criteria for free legal aid are as follows

1. Women
2. Person belonging to SC/ST and OBC category
3. Men with annual income of less than 3 lakh rupees.

16. At the clinic in Bandra, citizens can approach the clinic, and the advocates
present will first aim for mediation between the concerned parties and if the
party insists on proceeding for litigation, they have to fill the form for legal aid
at the DLSA office. The panel members are paid remuneration by DLSA on
case basis.

17. I also read through the different registers maintained by the legal aid clinic
to keep records of different activities. The registers are kept for the following
purposes-

1. Inward letters for mediation


2. Outward letters for mediation
3. Visitor record book who came for legal aid and legal advice
4. Advocate and DLSA panellists
5. Cases filed by the advocates
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6. Cases resolved by Pre – litigation mediation
18. At the Family Court, I attended the court proceedings there and met the
Hon’ble Smt. M.M.Thakare ma’am, the Principal Judge, Family Court and
Chairperson, MSDLSA, Mumbai. I had the privilege of gaining exposure to
various facets of the legal field, including engaging experiences at the Family
Court - DLSA Clinic. Here, one of my responsibilities included reviewing a
comprehensive structural inspection report, which proved to be an enlightening
task. The inspection report shed light on the physical infrastructure of the
Government Navjeevan Mahila Vastigruha, a facility dedicated to the housing
and rehabilitation of women in need. This task was particularly enlightening as
it highlighted the critical importance of maintaining a safe and conducive
environment for the residents of such facilities. It emphasized the need for
structural integrity, security measures, and overall well-being considerations
for vulnerable individuals. Reviewing this report deepened my understanding
of the intersection between legal and humanitarian concerns in the context of
women's shelters and rehabilitation centres.

19. Furthermore, my internship journey included active participation in a


noteworthy event organized by Praveen Gandhi Law College in collaboration
with the Mumbai Suburban District Legal Services Authority (MSDLSA). A
street play was organised by the students of the Praveen Gandhi Law College
on issues of divorce and child custody to spread awareness about mediation. I
had the honour of hosting this event which was attended by all the respected
judges of family court. It was a remarkable opportunity to expand my
knowledge base and network with legal professionals who are actively shaping
the legal landscape.

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ATTENDED NATIONAL LOK ADALAT AND PRE-SETTLEMENT
CAMP AS A PART OF IT
20. I had attended the Pre-Settlement camp organized by DLSA as part of
Lok Adalat. This talk was organized for a bank in order to settle the amount for
the loan, credit card and other finance related settlements before appearing at
the Lok-Adalat. The pre settlement panel consisted of finance and legal team
of bank. The bank had sent letters to the defaulters to attend the pre settlement
talk. Those who wished to discuss the settlement were given a token number.
The grievances and settlement amount were agreed upon. Most of the Lok-
Adalat cases were related to defaulting of EMI in case of personal loans, credit
card loans.

21. Lok-Adalat is a Statutory Organization under the Legal Services


Authorities Act, 1987, and was created as an alternative dispute resolution
mechanism used in India to resolve disputes/grievances outside courts. It is a
forum where cases pending on panchayat, or at a pre-litigation stage in a court

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of law, are settled. The during the National Lok Adalat, I met Advocate Reecha
Khajuria who explained me how the award is given to the parties after the
settlement of the dispute. I was also privileged to met Salma Khan ma’am who
is the first transwomen on the Lok Adalat panel. She explained me the
difference between Lok Adalat and regular mediation.

22. The Lok-Adalat proceedings were conducted in a conciliatory manner,


with a strong emphasis on mediation and negotiation to arrive at mutually
agreeable solutions. It was heartening to see how, in many instances, disputes
that had been lingering for years were resolved amicably within a matter of
hours. The efficiency and effectiveness of the National Lok Adalat left a lasting
impression on me. It highlighted the importance of alternative dispute
resolution mechanisms in providing accessible and timely justice to citizens.
This experience has deepened my understanding of the legal system's efforts
to alleviate the backlog of cases and promote a culture of settlement and
reconciliation in litigation.

VISIT TO SMALL CAUSES COURT


23. I visited the Small Causes Court at CST where I got the opportunity to
attend case proceedings at the court of Hon’ble Shri Shripad S. Deshpande and
Hon’ble Sri S.V. Deshmukh. I even had the privilege to meet them in person.
The cases under Maharashtra Rent Control Act, 1999 and The Presidency
Small Cause Courts Act, 1882 are filed in small causes court. Its jurisdiction
extends to the territorial jurisdiction and Mumbai District. Summary suits
which have claim up to Rs.10, 000/- are also filed in this court. Cases for land

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lord tenant relation, license and licensee relation is also filed in this court. Other
matters that are filed in the court include matters under DMC, Municipal
Corporation Act and municipal election petitions.

24. The court has a mediation department which has a panel of judge and
advocate mediators which aim to resolve disputes of the concerned parties. The
process of mediation can take place at any point of time in the case. The
department assigns the panel members serially; both the concerned parties are
called for settlement. During mediation, are period of 60 days is given and if
the matter is settled, a report is sent to the court. Filing of cases is carried out
in the process department; they are reviewed and are given case number and
assigned court rooms based on the nature of the matter. Court numbers 1 to 5
are appeal courts. This court is the only court where 2 judges reside over appeal
matters. The other courts i.e., 6 to 26 are trial courts.

ATTENDED LEGAL AWARENESS PROGRAM AND INAUGURATION OF


LEGAL AID CLINIC BUS:
25. Participating in the Legal Awareness Program, where multiple judges
were invited, was a remarkable highlight of my internship journey. This event
not only allowed me to witness the convergence of legal luminaries but also
marked the inauguration of a groundbreaking initiative—the Legal Aid Clinic
on Wheels. This mobile legal clinic, developed through collaboration between
the Mumbai Suburban District Legal Services Authority (MSDLSA) and

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SAPREM-Mumbai Smiles, is a testament to the innovative approach taken by
the legal community to ensure access to justice for all.

26. The program commenced with a palpable sense of anticipation, as judges,


advocates, and law students gathered to celebrate the inauguration. The Legal
Aid Clinic on Wheels, represented by a specially designed bus, stood as a
symbol of legal outreach and community service. It was immediately apparent
that this initiative had the potential to bridge the gap between legal services
and underserved communities. The inauguration ceremony itself was a moment
of significance. It highlighted the commitment of the legal fraternity to extend
legal aid beyond traditional boundaries.

27. The bus was equipped to provide legal consultation, information, and
guidance to individuals who may otherwise struggle to access such services. It
was not just a vehicle; it represented hope, empowerment, and the promise of
justice for those in need. As I toured the bus during the event, I was impressed
by its setup. It featured a dedicated space for legal consultations, informational
pamphlets, and a team of legal professionals ready to assist individuals with
their legal queries. The mobility of the clinic meant it could reach remote or
marginalized communities, addressing their legal concerns and raising
awareness about their rights.

ATTENDED AND HOSTED A 4 DAYS PARA LEGAL VOLUNTEERS


TRAINING PROGRAM ORGANIZED BY MUMBAI SUBARBUN DISTRICT
LEGAL SERVICES AUTHORITY IN COLLABORATION WITH RAHAT
LEGAL AID FOUNDATION

1st day -

28. The first day of the Para-legal Volunteers training program proved to be
an enriching experience. I gained valuable insights into government schemes,

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the role of DLSA, labour laws, family laws, and the Constitution of India. we
were introduced to the fundamental concepts and objectives of the training.
The main aim of the program is to empower volunteers with legal knowledge,
enabling them to provide legal aid to those who cannot afford it. This noble
endeavour serves to promote access to justice for all members of society.

29. The first lecture on Introduction to PLV training, Legal Services Authority
Act, DLSA programmes and schemes, Government schemes was taken by
Hon’ble Shri Satish Hiwale Secretary, Judge Mumbai Suburban DLSA.

30. We gained insights on establishment of NALSA. We delve into the


schemes provided by MSDLSA and also provided insights into the various
programs and schemes run by the District Legal Services Authority. These
programs are designed to address specific legal issues within the district and
provide legal aid to those in need. Understanding these initiatives highlighted
the practical aspects of legal aid implementation at the grassroots level. We
explored several government schemes that are closely related to legal aid and
social welfare. These schemes are instrumental in promoting access to justice
and ensuring the well-being of citizens. Being aware of these schemes is crucial
for a holistic understanding of how the government collaborates with legal
authorities to uphold the rule of law.

31. Our second lecture on labour laws was taken by Adv. Chandrashekhar
Kininge, Deputy Commissioner of Labour, Mumbai. The session on labour
laws provided a comprehensive understanding of the rights and protections
afforded to workers. I learned about minimum wage regulations, working
conditions, and the legal framework governing employer-employee
relationships. Labour laws in India are a crucial aspect of the country's legal
framework, designed to protect the rights and interests of both employees and
employers. These laws govern various aspects of employment, including
working conditions, wages, and disputes.

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32. One of the fundamental pieces of legislation in this domain is the Factories
Act, 1948. This act focuses on ensuring the safety, health, and welfare of
workers employed in factories. It mandates provisions like the maximum
number of working hours per day, weekly rest, and regulations for hazardous
processes.

33. Additionally, the Minimum Wages Act, 1948, sets the lowest wages that
an employer can legally pay to their workers, varying from state to state and
sector to sector. This act aims to prevent exploitation of labour and ensure a
minimum standard of living for workers. The Industrial Disputes Act, 1947,
plays a crucial role in resolving conflicts between employers and employees.
It regulates issues like layoffs, strikes, lockouts, and layoffs, providing a
framework for peaceful dispute resolution. The Employees' Provident Funds
and Miscellaneous Provisions Act, 1952, ensures financial security for
employees by mandating contributions to a provident fund, pension, and
insurance scheme. Furthermore, the Maternity Benefit Act, 1961, guarantees
maternity leave and benefits to female employees. It aims to protect the health
and well-being of women during pregnancy and childbirth.

34. India's labour laws are essential for maintaining a fair and just work
environment, safeguarding the rights and dignity of workers, and promoting
social justice in the country's workforce. These laws have evolved over time to
adapt to the changing dynamics of the labour market and ensure a balance
between the interests of employers and employees.

35. The third session on family laws was taken by Adv. Aileen Marques. This
segment delved into family law matters, such as marriage, divorce, child
custody, and inheritance. It highlighted the importance of legal processes in
resolving family disputes and ensuring justice for all parties involved. Family
laws in India encompass a wide range of legal provisions that govern various
aspects of family life, marriage, and disputes within familial relationships.

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These laws are primarily rooted in personal laws that are specific to different
religious communities in India, and they address matters related to marriage,
divorce, inheritance, and adoption.

36. One of the most significant family laws in India is the Hindu Marriage
Act, 1955, which applies to Hindus, Buddhists, Sikhs, and Jains. It regulates
Hindu marriages, providing guidelines on conditions for marriage, rights and
responsibilities of spouses, and grounds for divorce. It also recognizes and
regulates inter-caste and inter-religious marriages. For Muslim marriages, the
Muslim Personal Law (Shariat) Application Act, 1937, governs issues like
marriage, divorce, and maintenance. Sharia principles guide these matters
within the Muslim community. The Indian Divorce Act, 1869, applies to
Christians and deals with issues of marriage, divorce, and separation within the
Christian community.

37. Additionally, the Special Marriage Act, 1954, allows individuals from
different religious backgrounds to marry without converting to each other's
religion, providing a secular alternative for inter-religious marriages.
Inheritance laws in India are also diverse, with each religious community
having its own set of rules and regulations governing the distribution of
property after a person's demise.

38. The last lecture was taken by Dr. Anand Kaslekar Asst. Prof. Rizvi
College of Law on constitution of India. Understanding the Constitution of
India was pivotal in grasping the legal foundation upon which our nation
operates. It encompassed fundamental rights, directive principles, and the
structure of government. The Constitution of India is the supreme legal
document that governs the world's largest democracy. One of the most
remarkable aspects of the Indian Constitution is its comprehensive nature,
covering a wide range of issues. It enshrines the principles of justice, liberty,
equality, and fraternity, which are the bedrock of Indian democracy. These

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principles guide the state in making policies and decisions that impact the lives
of its citizens.

39. The Constitution also provides for a federal system of government with a
division of powers between the central government and the states. It establishes
the three pillars of democracy: the executive, the legislature, and the judiciary,
each with its defined roles and responsibilities. Additionally, the Constitution
guarantees fundamental rights to Indian citizens, such as the right to equality,
freedom of speech and expression, and the right to life and personal liberty. It
also lays down directives for the government to promote social justice and
equity. Furthermore, the Constitution can be amended to adapt to changing
circumstances, but the process for doing so is rigorous to ensure the
fundamental principles and values are preserved i.e., the basic doctrine
structure is not changed.

2nd day -

40. This day was marked by enlightening lectures on criminal laws and laws
related to sexual harassment in the workplace, with a specific focus on the
Indian Penal Code (IPC) pertaining to women. The first lecture was taken by
Adv Divyamala Patil on criminal laws.

41. Criminal laws in India form a crucial part of the country's legal
framework, aiming to maintain order, protect individual rights, and ensure

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justice. The primary statute governing criminal offenses is the Indian Penal
Code (IPC), established in 1860 during British colonial rule and amended
several times to adapt to contemporary needs.

42. The IPC classifies offenses into various categories, such as crimes against
persons (e.g., murder, assault), property (e.g., theft, robbery), and the state
(e.g., sedition). Each offense is defined, and punishment is prescribed based on
its severity. In addition to the IPC, numerous specialized laws and statutes
address specific criminal activities, such as the Narcotic Drugs and
Psychotropic Substances Act, 1985, dealing with drug-related offenses.

43. India's criminal justice system comprises the police, judiciary, and
correctional institutions, all working together to investigate, adjudicate, and
rehabilitate offenders. Fundamental principles like the presumption of
innocence, the right to a fair trial, and proportionate punishment guide the
criminal justice process.

44. While the Indian legal system is complex, it plays a vital role in
maintaining social order and ensuring the safety and security of its citizens,
emphasizing the importance of individual rights and the rule of law. We also
under stood the procedure which is followed while handling the criminal cases
from lodging and FIR to the court proceedings and the hierarchy of courts.

45. The second lecture was on Laws related to sexual harassment of women
at workplace and IPC women specific was taken by Adv Aileen Marques.

46. In India, laws related to sexual harassment at the workplace and women-
specific provisions in the Indian Penal Code (IPC) play pivotal roles in
safeguarding the rights and dignity of women.

47. The Sexual Harassment of Women at Workplace (Prevention, Prohibition,


and Redressal) Act, 2013, is a landmark legislation addressing workplace
harassment. It mandates organizations to establish internal complaints

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committees to investigate and redress complaints of sexual harassment. This
law provides a secure mechanism for women to report incidents of harassment,
ensuring confidentiality and fair proceedings. It imposes penalties on
employers for non-compliance and offers protection against victimization.

48. The IPC contains several sections specifically focused on women's safety
and empowerment. These include provisions related to crimes like dowry
harassment (Section 498A), cruelty against married women (Section 498), and
acid attacks (Section 326A and 326B). These sections offer legal remedies and
punitive measures against those who commit offenses that disproportionately
affect women.

49. Together, these legal frameworks aim to create a safer environment for
women, both in the workplace and in society, by offering remedies, redressal
mechanisms, and penalties for offenders. They are crucial steps toward
addressing gender-based violence and discrimination in India.

3rd day -

50. This day was particularly enlightening as we had the opportunity to visit
significant institutions within the legal and law enforcement domain.

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51. Our first stop was the Byculla Jail, where we were exposed to the living
conditions and challenges faced by undertrial prisoners. The visit shed light on
the stark realities of life behind bars, emphasizing the need for legal aid
services. We interacted with some undertrial prisoners and learned about the
legal assistance provided to them. Legal aid ensures that individuals awaiting
trial have access to representation, helping them navigate the legal
complexities of their cases. We also observed procedures like e-mulaqaat,
which allows undertrials to meet their relatives through video conferencing, a
humane touch in an otherwise restrictive environment.Our next visit was to the
Agartala Police Station, where we delved into the history and operations of the
police force. We learned about the intricate hierarchy of police officers and
their respective roles within the department. Understanding the chain of
command and the responsibilities of each rank provided clarity on how law
enforcement agencies function effectively. We also had the opportunity to
witness the process of filing an FIR (First Information Report) and the
procedures followed at the police station. We learned about the significance of
this initial document in criminal cases and how it triggers the investigation
process. The role of the station house officer (SHO) and the importance of
preserving evidence were particularly enlightening.

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52. Our final destination was the Railway Court in Bombay Central, where
we gained insights into court procedures. We observed the workings of the
court, including the role of judges, lawyers, and clerks. Understanding the court
processes, such as case listings, hearings, and judgments, was invaluable as it
demystified the legal proceedings that undertrials and accused individuals go
through. We also got the opportunity too attend a case hearing which was an
enlightening experience for us.

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4th day-

53. The day commenced with an illuminating lecture on the Juvenile Justice
System, delivered by Shri. Santosh Shinde, Co-Founder of Vidayak Bharti and
Former Member of the Maharashtra State Commission for Protection of Child
Rights. Mr. Shinde's expertise and experience in child rights advocacy
provided us with a comprehensive understanding of the legal framework that
safeguards the rights of children in conflict with the law. He elaborated on the
principles of juvenile justice, rehabilitation, and the significance of the Juvenile
Justice (Care and Protection of Children) Act, 2015. Mr. Shinde's session not
only expanded our knowledge but also instilled a profound sense of
responsibility toward the welfare of juveniles within the legal system.

54. Following this, Shri Manohar Rajguru led a session on Basic Listening,
Communication, and Drafting Skills, emphasizing the pivotal role of PLVs in
effective communication and documentation. His insights and practical
guidance were invaluable in honing our skills as effective intermediaries
between the legal system and those seeking assistance. We learned the
importance of active listening, empathy, and precise documentation in
providing sound legal support. He also highlighted on the topic of SRA (Slum
Rehabilitation Authority) and its procedure and functioning.

55. The day culminated with a certificate distribution ceremony, a momentous


occasion hosted by me and my co-host Shreya Singh. It was an honour to have
the opportunity to interact with and learn from our esteemed judges, Hon’ble
Shrimati Mangala Thakare and Hon’ble Shri Satish Hiwale, who graced the
event. Their presence and guidance added immense value to the ceremony, and
their words of encouragement and wisdom will resonate with all participants
as we embark on our journey as PLVs.

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56. Moreover, we had the privilege of receiving guidance from Mr. D.D.
Tribhuvan, the founder of the Rahat Legal Aid Foundation. His profound
insights into the practical aspects of providing legal aid further fortified our
commitment to our roles as PLVs. Mr. Tribhuvan's experiences and expertise
provided a fitting conclusion to our training, leaving us inspired and prepared
to contribute meaningfully to our communities.

HOSTED AND ATTENDED A WORKSHOP ON CYBER SECURITY AND


FORENSIC SCIENCES ORGANIZED BY MUMBAI SUBURBAN DISTRICT
LEGAL SERVICES AUTHORITY WITH CHIEF METROPOLITAN
MAGISTRATE COURT MUMBAI IN COLLABORATION GLOBAL CARE
FOUNDATION

57. The workshop aimed to educate participants about the critical areas of
cyber security and forensic sciences, both of which are becoming increasingly
important in today's digital age. It brought together experts and enthusiasts
from various backgrounds to discuss the latest trends, challenges, and
techniques in these fields.

Session 1: Forensic Sciences by Miss Nisha Menon:

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58. The first session, led by Miss Nisha Menon, a renowned forensic expert,
delved into the fascinating world of forensic sciences. Miss Menon's expertise
and engaging presentation style captivated the audience as she discussed
various aspects of forensic sciences, with a particular focus on forged
signatures and DNA samples.

59. One of the highlights of her presentation was the examination of popular
cases, including the SSR case and the Nirbhaya case, where forensic evidence
played a pivotal role in the investigation and subsequent convictions. This
provided a real-world perspective on the significance of forensic sciences in
solving complex criminal cases. Miss Nisha Menon's lecture on forensic
sciences covered the following key areas:

1. Forged Signatures: The session provided insights into the


techniques used to detect forged signatures, including handwriting
analysis and document examination. Real-life examples illustrated
the crucial role of forensics in exposing fraudulent activities.
2. DNA Samples: Understanding DNA analysis and its role in
criminal investigations was a significant highlight. The
presentation discussed the accuracy and reliability of DNA
evidence in solving complex cases.
3. High-Profile Cases: Miss Menon's discussion of high-profile
cases showcased how forensic evidence has been instrumental in
resolving cases that garnered widespread public attention. This
reinforced the importance of forensic sciences in the justice
system.
4. Forensic Procedures: The workshop delved into the meticulous
procedures followed by forensic experts during the collection,
preservation, and analysis of evidence. This highlighted the need
for adherence to scientific protocols in forensic investigations.
60. Miss Menon's insights and detailed explanations on the methods used to
analyze forged signatures and DNA samples were particularly enlightening.
Her session shed light on the precision and scientific rigor required in forensic
investigations, underlining the importance of evidence integrity and
preservation.

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Session 2: Cyber Security by Mr. Rizwan Shaikh:

61. The second session, led by Mr. Rizwan Shaikh, a seasoned cyber security
expert, provided a deep dive into the world of cyber threats and security
measures. Mr. Shaikh's extensive knowledge in the field was evident as he
discussed topics ranging from phone malware to the dark web.

62. He began by explaining the evolving landscape of cyber threats and the
vulnerabilities that individuals and organizations face in the digital realm. His
insights on the tactics used by cybercriminals to exploit these vulnerabilities
were eye-opening, highlighting the need for robust cyber security measures.

63. Mr. Shaikh's presentation on phone malware was especially relevant in


today's smartphone-centric world. He discussed various types of malwares,
their modes of operation, and ways to safeguard against them. He emphasized
the importance of keeping devices updated and practicing safe online
behaviour.

64. The discussion on the dark web provided a glimpse into the hidden side
of the internet where illegal activities thrive. Mr. Shaikh explained the
challenges of tracking and monitoring activities on the dark web and shared
insights on how law enforcement agencies combat cybercrime in this domain.
Mr. Rizwan Shaikh's lecture on cyber security highlighted the following key
points:

1. Phone Malware: Participants gained a profound understanding


of the various types of phone malware and their potential impacts.
The session emphasized the importance of regularly updating and
securing mobile devices to mitigate risks.
2. Dark Web: Mr. Shaikh's insights into the dark web shed light on
the hidden world of cybercrime. Understanding the workings of
this clandestine digital space is critical for law enforcement
agencies in tracking and preventing cybercrimes.
3. Cyber-Attacks: The workshop provided an overview of common
cyber-attacks, such as phishing, ransomware, and Distributed

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Denial of Service (DDoS) attacks. The importance of robust
security measures, including firewalls and intrusion detection
systems, was emphasized.
4. Data Privacy: Participants learned about the significance of data
privacy in an era of increasing online transactions and digital
footprints. The session underscored the importance of strong
passwords, encryption, and two-factor authentication
65. The Cyber Security and Forensic Sciences Workshop proved to be an
invaluable learning experience. The insights gained from experts in these
fields, along with the opportunity to interact with legal luminaries like Shri
Justice Hon'ble Abhay Thipsay, Former Judge of Bombay High Court has
equipped me with a deeper understanding of the challenges and opportunities
in the domains of cyber security and forensic sciences.

ATTENDED A PROGRAM OF KINNAR MAA SANSTHA

66. This event provided me with a captivating cultural experience but also
deep insights into the organization's pivotal work in advocating for the rights
and welfare of transgender individuals.

67. Kinner Maa Sanstha: History and Work Kinner Maa Sanstha, based in
Mumbai, is a pioneering organization that has been at the forefront of the
transgender rights movement. Founded by Miss Salma Khan, a tireless
advocate for transgender rights, the organization has been instrumental in
raising awareness about the struggles faced by transgender people in India.
Their work encompasses a range of initiatives, including:

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1. Advocacy: Kinner Maa Sanstha has been actively involved in
advocating for the rights of transgender individuals at both the state and
national levels. They have lobbied for policy changes and legal reforms
to address the unique challenges faced by the transgender community.
2. Empowerment: The organization has implemented programs aimed at
empowering transgender individuals by providing them with skills,
education, and vocational training. This helps transgender individuals
gain financial independence and break free from the cycle of
discrimination and poverty.
3. Healthcare: Kinner Maa Sanstha has also focused on improving access
to healthcare for transgender people. They have worked to sensitize
healthcare providers and create safe spaces where transgender individuals
can access healthcare services without fear of discrimination.
4. Cultural Outreach: The cultural program I attended was a testament to
the organization's commitment to preserving and promoting transgender
cultural heritage. Through dance, music, and other artistic expressions,
Kinner Maa Sanstha raises awareness about the rich cultural traditions of
the transgender community.

68. The Landmark Case: DLSA vs. Union of India 2019 During the cultural
program, I had the privilege of learning about the landmark case of DLSA vs.
Union of India 2019, which played a pivotal role in advancing transgender
rights in India. The case revolved around the rights of transgender individuals
to self-identify their gender and access affirmative action. The Supreme Court
of India recognized the rights of transgender individuals to self-identify as
male, female, or a third gender, and affirmed their entitlement to reservation in
education and employment.

69. This case was a watershed moment in the transgender rights movement in
India, acknowledging the struggles and discrimination faced by transgender
people and taking significant steps towards their inclusion and equality. It
highlighted the importance of recognizing transgender individuals' rights to
live with dignity and respect.

70. Transgender Persons (Protection of Rights) Act 2019 In alignment with


the DLSA vs. Union of India case, the Transgender Persons (Protection of

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Rights) Act 2019 was enacted to provide legal recognition and protection to
transgender individuals. The act prohibits discrimination against transgender
persons in areas like education, employment, and healthcare. It also mandates
the establishment of a National Council for Transgender Persons to advise the
government on policies and programs related to transgender welfare.

71. In conclusion, my attendance at the fundraising cultural program by


Kinner Maa Sanstha provided me with a profound understanding of the
organization's incredible work in supporting and advocating for transgender
individuals. It also enlightened me about the transformative impact of the
DLSA vs. Union of India 2019 case and the significance of the Transgender
Persons (Protection of Rights) Act 2019 in advancing transgender rights and
recognition in India.
72. I am deeply inspired by the dedication and commitment of Miss Salma
Khan and Kinner Maa Sanstha.

KEY LEANINGS FROM THE INTERNSHIP

73. During my one-month internship at the District Legal Services Authority


(DLSA) in Mumbai Suburban District, I obtained a comprehensive
understanding of the organization's structure and operations in accordance with
the Legal Services Authority Act, 1987. This experience underscored the
critical role played by DLSA in providing legal aid to marginalized,
impoverished, and vulnerable individuals. As a law student, I learned about the
judicial system's role in safeguarding people's rights and how DLSA facilitates
access to legal services.

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74. This internship equipped me with knowledge about the various services
offered by DLSA, enabling us to better serve and advocate for our
communities. DLSA's collaborations with government and non-governmental
organizations were particularly enlightening, emphasizing the importance of
creating legal awareness and efficient working partnerships to support target
groups and stakeholders.

75. I also gained insights into the significance of Lok Adalat, Permanent Lok
Adalat, and mediation in expeditiously resolving disputes and delivering
justice, especially in light of the increasing caseload in the judicial system.
DLSA's proactive involvement in protecting people's rights through diverse
means left a lasting impression on us. Under the guidance of Hon'ble Judge Mr.
Satish Hiwale, Secretary DLSA, I tried to enhance my resourcefulness and
readiness to assist individuals in accessing the judicial system, as well as
availing various state and judicial provisions. This invaluable experience has
better equipped us to serve our communities effectively. I extend my gratitude
to my university MNLU Nagpur, the Maharashtra Legal Services Authority,
and the Mumbai Suburban District Legal Services Authority for providing us
with this enriching and educational opportunity.
Submitted to the Hon’ble Secretary/ Judge, Mumbai Suburban District Legal
Services Authority.

Arpita Rajeshkumar Upadhyay


Date: 29/09/2023.
Secretary and Judge
Mumbai Suburban District Legal
Services Authority, Mumbai.

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