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DAILY REPORT ON INTERNSHIP

PROGRAM BY DISTRICT LEGAL


SERVICE AUTHORITY (DLSA)

Submitted by:- Signature


Ayushi Gidwani (2nd year)
Prestige Institute Of Management & Research,
Gwalior
8770991882 (Mobile No.)

Date Of Submission:- 15/09/2023


Day 1. Date :- 01/08/2023

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. Sachin Prajapati Sir who is
project coordinator 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.
He was talking about the Mediation” Child Marriage Prohibition Act, 2006, MP
Victim Cooperation Scheme, Disabled Persons and he also talks about Protection
of women from Domestic Violence Act 2005.

DLSA

District Legal Services Authority has been constituted to implement Legal Services
Programmers in the District. The District Legal Services Authority is situated in
the District Court Complex in every District and chaired by the District Judge of
the respective district.
The District Legal Services Authority is situated at the Bilaspur District Court
complex. It has been established in the form of a main office and a front office.
Any person eligible to receive Legal Aid as per the provisions of the Legal
Services Authority Act, 1987, Section 12, can approach the advocate on duty at the
front office and can avail the services provided by the Authority.
A petition for their grievance can be filed which gives rise to a litigation in court,
which is taken up by the panel lawyer as assigned to the litigant by the Authority.
The lawyer then argues the case in court, and subsequently the order passed by the
court is submitted by the lawyer to the Authority which then forwards it to the
government, which pays a nominal sum to the lawyer as honorarium,The District
Legal Services Authority is also tasked with the responsibility of spreading legal
awareness and awareness about legal and fundamental rights, free legal aid
provisions. Alternative dispute resolution and other such matters, through legal
literacy camps and seminars, and any other initiatives as they deem fit.

Day 2. Date :- 02/08/2023

Today I came to the Central Jail Gwalior and Then I met 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.

WHY ESTABLISH LEGAL AID CLINICS IN PRISONS:


 Prisoners are often unable to afford lawyers as they are in most cases the sole bread
earners of their families. Even when they could afford a lawyer during the initial stages of
trial, subsequently they become unable to pay the fees and end up without a lawyer.
 Stage sponsored legal aid mechanism do not adequately reach prisons. It is commonly
seen that the educated and affluent class who can afford good lawyers, get bail more
easily than the illiterate indigent accused person, this necessitates access to state
sponsored legal aid to prisoners.
 Lack of access to lawyers often leads to unnecessary and prolonged detention especially
in cases of indigent defendants.
 The National Legal Services Authority (Legal Aid Clinics) Scheme 2010, adopted in the
meeting of the Central Authority of NALSA held on 8 December 2010 at Supreme Court
of India, mandates the setup of legal aid clinics in the community.

AIMS AND OBJECTIVES:


1. Raising awareness amongst prison staff on legal procedures.
2. Monitoring the quality of legal aid
3. Improving coordination between the Prison Department and the Legal Services
Authorities.
4. Collecting of information leading to strategic litigation.
5. Increasing prisoner confidence in the legal system.

WHO ARE THE STAKEHOLDERS:


i. Legal Services Authorities[ National Level-State Level- District Level-
Taluk Level]
ii. Judiciary
iii. Prison Department
iv. Prisoners
v. Law College/Students

Day 3. Date:-03/08/2023

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.

SCHEMES FOR SENIOR CITIZENS:


 Under the National Old-age Pension Scheme Central Government is to pay a pension of
INR 200 to senior citizens belonging to the BPL household. Another INR 200 is provided
by the State Government.
 The Civil Aviation Ministry provides a concession up to 50% for male senior citizen
above 65 years of age and female senior citizen above 63 years of age through the
National Carrier And Air India.
 A public portal has been set up by the department of pensions and pensioner grievances
aims at providing all the information regarding the status, procedure, documents required,
as to the application for pension. Complaints can also be lodged through the portal.

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.

Day 4. Date:- 04/08/2023


I had the opportunity to visit a one-stop center for women in Gwalior and I met Neelam saxena
counselor of one stop center the one-stop center for women is a government facility that aims to
provide support and assistance to women who have experienced domestic violence, sexual
assault, or any other form of gender-based violence. It is a safe and welcoming space where
women can seek help, counseling, legal aid, and medical support. As I entered the center, I was
greeted by friendly staff members who explained the purpose and services offered at the center.
The facility was designed to create a comforting and secure environment, ensuring the privacy
and confidentiality of the women who seek help. I was shown different sections of the center,
such as the counseling room, legal aid center, medical examination room, and a play area for
children. The center had a team of trained counselors, social workers, lawyers, and medical
professionals who were dedicated to assisting women in need. I observed a counseling session
taking place between a survivor women .

Brief background on the evolution of the One-Stop Centre scheme:


 One stop center is in every city and all over India it is established by central government
and managed by state government.
 The One stop center will support all women including girls below 18 years of age
affected by violence.
 The highest number of one stop center-
1. Madhya Pradesh (51)
2. Uttar Pradesh (75)
 The major aim of the scheme is to facilitate access to a wide range of services to women
affected by violence.
 One stop center have been established across the country in a phased manner
 Phase I consisting of one stop center per state/UT
 Adding 150 additional centers in 2016-17
 The One-Stop Centre scheme was implemented in 2015.
 The 12th Plan Working Group on Women’s Agency and Empowerment recommended the
establishment of One-Stop Crisis Centers.

One-Stop Centre Scheme Objectives:-


 To provide integrated support and assistance to women affected by violence in both
private and public spaces, all in one place.
 To facilitate immediate access to a range of services, including medical, legal,
psychological, and counselling support, for emergency and non-emergency situations and
to combat all forms of violence against women by offering comprehensive support under
one roof.

Day 5. Date:- 05/08/2023

Today I came to Juvenile Justice Gwalior and Then I meet Mr. Anil Kumar Sharma member
of Juvenile justice board and a legal person he was talking about the inspection and
functioning of Juvenile Justice Board City Centre, Gwalior.

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
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 21 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.

SOME OF THESE PRINCIPLES INCLUDE:


1. Principle of presumption of innocence under which every child is to be presumed to be
innocent of any criminal intent up to the age of eighteen years.
2. Principle of Natural Justice.
3. Principle of participation.
4. Principle of best interest.
5. Principle of equality and non-discrimination.

Juvenile Justice Board


 The Juvenile Justice Board consist of judicial magistrate first class and the social workers
at least one of whom should be a women.
 JJB are meant to resolve the cases within a four month period.
 There are special Juvenile police unit out present in each district in order to deal with
the victim of the crime.
 Special homes and are present in every district or a group of district for juveniles and
managed by the juvenile justice board members.

Day 6. Date:- 07/08/2023

Today I came to the Family Court, Gwalior and Then I meet the judge of Family Court. He was
talking about the introduction of family court and their powers. He also talked about “The
Family Courts Act, 1984”.

Introduction
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 recovery of money or
property. In 1984 the government of India after the recommendation of the law commission in
their 59” report the family courts were created by a gazette notification of the Central
Government. This Act was known as ‘The Family Courts Act, 1984.

POWERS OF FAMILY COURT:


1. The family court has the power to make their own procedure.
2. They are not required to record the oral statement of the witness at length.
3. The appeal from family courts lies directly to the High Court.
4. The family court can receive any document or statement even if it is not admissible under
Indian Evidence Act, 1872.
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.

Day 7. Date:- 08/08/2023

I consisted of attending court sessions at the Consumer Forum. The primary objective of the day
was to observe and learn about the proceedings of consumer court cases.

The court premises were bustling with activity as litigants, lawyers, and court officials were
present. The courtrooms were well-organized, with designated seating areas for the parties
involved in the case. The case lists for the day were displayed on notice boards outside each
courtroom, which helped everyone to easily locate their respective courtroom and case numbers.

I had the opportunity to witness several consumer dispute cases being heard by the judge. The
cases ranged from complaints against retailers regarding faulty products to disputes regarding the
deficiency in services provided by service providers. It was interesting to see how the Consumer
Protection Act, 2019 was being implemented in these cases.

Each case began with the complainant presenting their case before the judge. They provided
details of the issue, presented evidence, and explained how they had been affected by the actions
of the defendant. This initial presentation set the stage for the rest of the proceedings,
establishing the context and laying out the facts for the judge to consider.
The complainant would first outline the nature of their complaint, describing the specific incident
or issue that led them to seek resolution through the court. They would provide a clear and
concise account of what happened, highlighting the key events and individuals involved.

Day 8. Date:-09/08/2023

Today I came to the district court and then I reach to the court of immense District Judge and
Magistrate Judge Ms. Upma Bhargava, Judicial Magistrate First Class District Court Gwalior
and she introduce herself 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:-
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.

Day 9. Date:- 10/08/2023

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 activities of Legal Literacy Club and she was also talking about the
distribution of books and reading materials which are prepared by the State Legal Services
Authority (SLSA).

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 persons in need of legal
services and SLSA. The functions and activities of the club include the following:-
a) To identify persons in their neighbourhood who deserve legal aid assistance and
who are in need of protecting their rights conferred by law.
b) To distribute legal aid application forms free of cost to those who need legal
assistance.
c) To observe important days like World Environment Day, World Day against Child
Labour, Women’s Day, Disability Day, Mental Health Day, Children’s Day,
National Legal Services Day, Anti- Tobacco Day etc., and spread message in the
public about the aim and object of those days.
d) To spread legal literacy and awareness by setting up Rallies, making-to-door visits
in the neighboring areas, forming small groups of villagers for inter face, making
Road shows, distributing leaflets, pamphlets, study materials etc.

PREPARATION AND DISTRIBUTION OF BOOKS AND


READING MATERIALS:-
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
organizations 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 organizing and
sponsoring different legal aid programmes under this scheme.

Day 10. Date:- 11/08/2023

Today I came to the Mental Hospital, Vinay Nagar, Gwalior and Then I met Dr. M.K Singh Sir
who is doctor and also professor in Mental Hospital Gwalior. He was talking about the rights of
mentally ill persons. He told us about the Mental Health Care Act 2017 which is not
implemented in M.P. and we were following the act of 1987 till now. He told us about the
process of admission which is of two types voluntary and non voluntary. Patient who is minor
cannot be admitted voluntary his/her guardian written statement is important. For major patients
they have to gave an application in written but if the person has committed a crime or his
behavior is suicidal then consent of family members is important in written.

ADMISSIONS UNDER SPECIAL CIRCUMSTANCES:-


 Persons wandering on roads.
 Dangerous for society and for himself.
 Who has no family members.
 Who is unknown.
 Police officer of that area can also took the patient in his/her custody and can admit him
into mental hospital in cases of emergency but within 24 hrs he has to take reception
order from the court.

RIGHTS OF MENTALLY ILL PERSONS:-

1. Right to access mental health care.


2. Right to community living.
3. Right to protection from cruel, inhuman and degrading treatment.
4. Right to confidentiality.
5. Restrictions on release of information in respect of mental illness.
6. Right to access medical records.

Day 11. Date:-12/08/2023

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 Shri Tappan Dharga, 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.

He made me understand criminal cases on the ground of punishment, damages, penalty etc. He
explained how to read and analyze these cases in order to do justice. He explained the procedure
of filing the cases in criminal court and how the further procedure is taken ahead.

CRIMINAL COURT:-
He explained that criminal cases involve enforcing public codes f behavior 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 a criminal case, it involves allegations of a crime such as
drunken driving or leaving the scene of an accident.

At last he told us that law of contract is the base on which whole civil court functions. He made
me realize that never ending reading habits, proper revision of bare acts and keeping updates are
the needs of law.

Day 12. Date:- 14/08/2023

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 labour.

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.
 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.
 And Various others like Labour Welfare Fund Act, Payment of Gratuity Act, 1972,
Factories Act etc

Day 13. Date:- 16/08/2023

Today I came to the district court Gwalior and Then I meet officer of DLSA Gwalior 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 constitution 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. If the accused does not have sufficient means to engage a lawyer,
the court must provide one of the defense of the accused at the expense of the state.
(Sec. 304 of code of Criminal Procedure, 1973).

FREE LEGAL SERVICES: -


The Free Legal Services include:-
Payment of court fee, process fees and all other charge payable or incurred in connection with
any legal proceedings.
Providing service of lawyers in legal proceedings.
Obtaining and supply of certified copies of orders and other documents in legal proceedings.
Preparation of appeal, paper book including printing and translation of documents in legal
proceedings.

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.

Day 14. Date:- 17/08/2023

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.

Day 15. Date:- 18/08/2023

Today I came to Child Welfare Committee Gwalior and Then I met members of Child Welfare
Committee they were taking about functioning of the child welfare committee, Rights of children
residing in Child Home Welfare and Safety, Gwalior.

As per the provision of juvenile justice care and protection of Children act 2000 amended in
2006 state governments are required to establish a child welfare committee or two in ever
district. Each CWC should consist of a chairperson and four members. The Chairperson should
be a person well versed in child welfare issues and at least one member of the board should be a
women. The CWC has the same powers as a metropolitan magistrate or a judicial Magistrate of
the first class. A child can be brought before the Committee (or a member of the committee if
necessary) by a police Officer, any public servant CHILDLIN, personnel, any social worker or
Public spirited citizen, or by the child himself/herself.

The CWC usually sends the child to a children’s home while the inquiry into the case is
conducted for the protection of the child. The CWC meets and interview the child to learn his/her
background information and also understand the problem the child Is facing. The probation
officer (P.O.) in charge of the case must also submit the regular reports of the child. The purpose
of the CWC is to determine the best interest of the child and find the child a safe home and
environment either with his/her original parents or adaptive parents, foster care or in an
institution.

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.

Day 16. Date:- 21/08/2023

On my last day of the law internship at the District Legal Services Authority (DLSA) in Gwalior,
I had the opportunity to meet Shri Satish Kumar Gupta, the Fifth District Judge of Gwalior. This
meeting was arranged to gain insights into the legal profession and to discuss my experiences
during the internship. We walked into his office, slightly nervous yet excited about the
opportunity to interact with such a respected figure in the legal field. Shri Satish Kumar Gupta
welcomed me warmly and asked us to take a seat. He appeared to be a knowledgeable and
experienced person, which made me even more eager to engage in conversation with him.
We began by expressing our gratitude for the opportunity to intern at DLSA and shared my
overall learning experience and we explained how the internship had given me valuable exposure
to the practical aspects of law, enabling me to witness the workings of the court system firsthand
he nodded in agreement and listened attentively, encouraging us to share more about my specific
experiences and what we had learned during my time at DLSA. We went on to talk about the
various cases we had been involved in, ranging from civil to criminal matters. We highlighted the
importance of empathy and understanding in dealing with clients, particularly those from
marginalized backgrounds. He praised our efforts and emphasized that the legal profession is not
just about legal knowledge, but also about compassion and serving the society. He went on to
share his own experiences as a judge, speaking about the challenges he had faced and the impact
he had made in his role. He stressed the significance of strong ethical values and maintaining the
highest level of integrity in the legal profession. He also urged us to continue learning and
exploring different areas of law even after the internship, as it would contribute to my overall
growth as a lawyer.

Towards the end of our conversation, Shri Satish Kumar Gupta provided us with invaluable
career advice. He advised us to always strive for excellence, be persistent and never shy away
from hard work. He emphasized that success in the legal field is not handed on a silver platter
instead, it requires continuous dedication, perseverance, and a genuine passion for justice. He
also shared some personal anecdotes, recounting his own journey to becoming a district judge.
He talked about the challenges he faced along the way and how he overcame them with
unwavering determination. His words resonated with me, inspiring me to stay focused on my
goals and to never give up, even in the face of setbacks. As our meeting came to a close he
expressed his appreciation for our dedication and enthusiasm during the internship. He
encouraged us to maintain the same level of commitment in our future endeavors as a lawyer
reminding me of the immense responsibility we hold as legal professionals. We left Shri Satish
Kumar Gupta’s office feeling motivated and grateful for the insightful conversation we had. His
wisdom and encouragement reaffirmed my passion for law field.

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