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What
are Legal Services ?
Legal
Services includes providing Free Legal Aid to the weaker sections of the
society, creating awareness of law of the land by spreading legal literacy
and thereby making them enjoy their rights and facilities provided for
them AND organizing Lok Adalats and through them amicably settling the
disputes which are pending or which are yet to be filed, by way of
compromise.
What is
free Legal Aid ?
- When a person has to approach court of law in order to get / protect /
enjoy his rights. OR - When a person has to defend his rights in a case
which has been filed against him in a court of law. OR - When a person has
to apply to an office for getting the facility provided by any law or if
some one has submitted an application against him he has to defend
himself. Providing him free legal advice and also an advocate is appointed
at the cost of the Legal Services Authority to defend his right / to get
him his right. The Authority also bears court fee, typing charges,
verification of the copies is known as FREE LEGAL AID.
Whether everybody is eligible to get
Free Legal Aid from the Authority?
No. Although free legal advice is available to every body that is in need
of the same free legal aid is provided only to the following category of
people:
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A member of a SC or ST
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A Woman or a child
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A victim of trafficking in human beings or beggar
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A person under circumstances of undeserved want such as being victim of
a mass disaster, ethnic violence, caste atrocity, flood, drought,
earthquake, or industrial disaster.
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An industrial workman
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A mentally ill or otherwise disabled person
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A person in judicial custody, including custody in a protective home or
a juvenile home or a mental asylum
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Who are in a psychiatric hospital or psychiatric nursing home
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Any person whose annual income does not exceed Rs.50,000/- (This last
requirement is called the MEANS TEST).
However,
irrespective of the means test, legal aid may be granted
a) in cases of great public importance; or
b) in a special case, reasons for which are to be recorded in writing,
considered otherwise deserving of legal aid or advice.
Is Income Certificate / Caste
Certificate always necessary to prove one�s income?
When getting free legal aid is depending on the income of the person who
is seeking the free legal aid should satisfy the legal services unit that
he has a reasonably good chance of succeeding in his case (a prima facie
case.) and then he / she has to give an affidavit regarding his / her
annual income. So, income certificate is not necessary always. Similarly
no certificate is necessary which evidences that you belong to SC or ST
category but only an affidavit is enough.
Whether only for particular type of
cases legal aid is available?
There is no such bar. The person who is in need of legal aid from the
Authority shall satisfy that he has a prima facie case in respect of which
he wants to have legal aid from the Authority.
At what levels one can get Free
Legal Aid?
Free Legal aid is provided in respect of cases irrespective of the fact
that whether the case is at lowest level court or Supreme Court of India.
This means that legal aid is provided irrespective of the court / office
in which that case is to be adjudged.
What steps one should take in order
to get free legal aid or free legal services?
If a person wants to have free legal advice he can approach the nearest
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Taluk Legal Services Committee which is in the premises of the Court in
that Taluka Centre.
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District Legal Services Authority in the premises of the Court in that
District Centre.
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In Bangalore either Bangalore (Urban) District Legal Services Authority
OR High Court Legal Services Committee A person who needs free legal aid
and satisfies the eligibility criteria in respect of the same shall
approach the same bodies with an application along with an affidavit
(wherever necessary) in respect of the caste / income.
Who shall
be heading these Committees / Authorities?
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National Legal Services Authority has Chief Justice of India as its
Chief Patron, a Supreme Court Judge (either Sitting or Retired) as its
Executive
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Chairman and other Members.
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Chhattisgarh State Legal Services Authority has the Chief Justice of
High Court of Chhattisgarh as its Chief Patron, a High Court Judge
(Sitting Judge or Retired Judge) as
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its Executive Chairman.
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High Court Legal Services Committee has a High Court Sitting Judge as
its Chairman.
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District Legal Services Authority has District Judge as its Chairman.
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Taluk Legal Services Committee has a Senior Judge as its Chairman.
Is it true that approaching the Supreme Court of India for legal remedies
is unaffordable to the layman?
No, this
is not true. It is with a view to providing easy and inexpensive access to
the Supreme Court and giving legal advice that the Supreme Court Legal
Services Committee (SCLSC) has been constituted under the Legal Services
Authorities Act,1987.
When can a person approach the SCLSC?
You can approach the SCLSC in two situations: You need to file or defend a
case in the Supreme Court. This would include:
Appeals / Special Leave Petitions, Civil or Criminal, against an order of
the High Court.
Petition for violation or enforcement of your fundamental right. This
includes:
Habeas Corpus petitions � where a close friend or relative is missing or
illegally taken away and whose whereabouts you do not know; petitions
challenging the legality of government action or inaction; petitions
challenging the legality of a legislation or order of government that
violates your fundamental right; Petition for transferring a case, civil
or criminal, pending in one State to another State within India .
- You need LEGAL ADVICE regarding your problem.
Are there cases for which no legal
aid or advice will be given?
Yes. Legal Aid will not be given for the following cases:
Proceedings wholly or partly in respect of
a) defamation or
b) malicious prosecution; or
c) a person charged with contempt of court; and
d) perjury
Proceedings relating to any election Proceedings incidental to any of the
above proceedings Proceedings in respect of offences where the fine
imposed is not more than Rs.50/- Proceedings in respect of economic
offences and offences against social laws, such as the Protection of Civil
Rights Act,1955 and the Immoral Traffic (Prevention) Act,1956 unless in
such cases the aid is sought by the victim.
However, even in above cases, the Chairman of the SCLSC can, in an
appropriate case, direct that legal aid be granted).
Proceedings where a person seeking legal aid or advice is concerned with
the proceeding only in a representative or official capacity or If a
formal party to the proceedings, not materially concerned in the outcome
of the proceedings and his interests are not likely to be prejudiced on
account of the absence of proper representation.
What one
should do to obtain legal aid or advice?
For legal aid, if you satisfy the first eligibility criteria. You need to
take the following steps.
1. Make an application for legal aid to the SCLSC. The forms for these can
be obtained in person or through post or e-mail from the SCLSC at the
address indicated below or from any of the nearest Taluk / District /
State / High Court Legal Services Committee.
2. You have to submit the completed application form to the SCLSC along
with full documentation. For instance, if you seek to file an appeal
against the order of a High Court, you are required to submit a copy
(preferably certified) of the order of the High Court, copies of orders,
if any, of the courts below the High Court, copies of all the papers filed
in your case before the lower court and High Court, comments of the lawyer
on the judgement. If these are in a language other than English, please
try and send translated copies.
What does
the SCLSC do next?
The SCLSC
has a panel of competent Advocates-on-Record with certain minimum number
of years of experience who handle the work of screening papers and
handling the cases in the Supreme Court. In addition, the SCLSC has a full
time Legal Consultant-cum-Executive Lawyer who handles queries � both in
person as well as through post. The Legal Consultant also screens papers.
Although the applicant cannot get a lawyer of his or her choice, the SCLSC
ensures that only competent lawyers are entrusted with these cases. The
papers will be screened in order to determine that the eligibility
criteria are satisfied. Normally within fifteen days of the receipt of
your papers, you will be informed of the decision of the SCLSC, in
writing, either granting or refusing legal aid.
If a person is aggrieved by an order of refusal, he could appeal to the
Chairman of the SCLSC
What happens after the grant of
Legal Aid?
You will be sent an affidavit and vakalatnama by the SCLSC which will have
to be signed by you and sent back to the SCLSC by post. The affidavit has
to be attested by a notary or Commissioner of Oaths. You may need to pay
not more than five rupees for this. However, if you in jail, the affidavit
and the vakalatnama have to be countersigned by the Jail Superintendent.
In addition he has to give a certificate of detention in the prescribed
format, which will also be sent to you by the SCLSC. This has to be
returned at the earliest to the SCLSC with the affidavit and vakalatnama.
Meanwhile, your case will be assigned to an advocate on Record (AoR) on
the panel of the SCLSC. The AoR will draft the petition and file it in the
Supreme Court after the signed vakalatnama and the signed and attested
affidavit (and the certificate if you are in jail) is received by the
SCLSC The AoR who is assigned the case will argue it on your behalf in the
Supreme Court. In exceptional cases, if you make a request in this behalf
and if the SCLSC eels it is justified, a senior advocate can be requested
to appear on your behalf. No fees are required to be paid by you for this
purpose. You will be informed by the SCLSC of the name of the AoR and you
will receive intimation through post on the progress of your case, from
time to time. You will also be sent copies of all the documents filed on
your behalf and by the opposite parties and you will be intimated, from
time to time, if there is any other information you are required to
provide. You will be informed of the outcome of your case and given copies
of the relevant orders passed by the court.
Whether one has to incur expenses at
any stage?
Barring the cost of getting the affidavit attested (and even this is not
applicable if one is in jail) and postage for sending papers to the SCLSC,
the legal aid grantee is not required to pay anything for any of the above
services. They are absolutely free. The lawyers on the panel of the SCLSC
are paid an honorarium of Rs.2,000/- per case by the SCLSC itself.
For further details whom should be
contacted?
The
Secretary,
Supreme Court Legal Services Committee,
109, Lawyers� Chambers, Supreme Court Compound,
New Delhi � 110 001.
Tele Phone No. 23388313, 23381257, 23073970
e-mail:
sclsc2nic.in
Website:
www.sclsc.nic.in
How Legal Literacy is spread? Whether NGOs can participate in the
activities of the Legal Services Authority to spread legal literacy?
Legal Services Authority spreads legal literacy by:
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Organizing Legal Literacy Camps;
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organizing Workshops of Law;
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providing Law Literature to the public in the regional language at low
cost by publishing books on various subjects of law written by experts
in the field;
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creating awareness about the law of the land amongst general public by
utilizing mass media like Radio, Television and the like.
Legal Services Authority welcomes all individuals and NGOs who are willing
to involve themselves in the above mentioned activities of the Authority
as it would go along way in achieving the aims and objectives of the
Authority.
What is Lok Adalat? Who acts as
Conciliator in Lok Adalat?
A Court which has been organized by High Court Legal Services Committee or
District Legal Services Authority or Taluk Legal Services Committee for
the purpose of amicably settling a dispute between two parties by way of
compromise is called LOK ADALAT.
In every Lok Adalat minimum two conciliators function. One of them is a
sitting or retired judge and another or other conciliator / conciliators
shall be an advocate or social worker or expert / experts in that
particular field.
What types of disputes are settled
in the Lok Adalats?
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Motor Vehicle accident cases where the injured or the dependents of the
person died in the accident have applied for compensation.
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Land Acquisition cases where the applications have been made to the
government claiming compensation.
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Cases for or against local bodies such as Town Municipality , Panchayat,
Electricity Board and the like.
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Cases involving commercial banks
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Matrimonial or Maintenance cases
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Criminal cases which are compoundable as per law
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Cases pending in Labour Court
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Cases before Workmen�s Compensation Commissioner
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Cases pertaining to Consumers grievances
Generally it can be said that any cases pending in High Court or any other
Court in the State and can be compromised as per law can be settled by Lok
Adalat. Apart from this even disputes / cases which have not been brought
on the records of the Court could be settled amicably by Lok Adalats.
What are the special features of Lok
Adalats?
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You can get your dispute settled at the lowest possible cost and without
delay. You need not pay the court fee.
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You need not appoint an advocate instead you can personally appear
before Lok Adalat.
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The conciliators, one of whom is a judge, will guide you in order to
settle the dispute amicably.
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You can compromise only when you are satisfied with the relief suggested
by the conciliators.
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The same justice you get from the court in which your case is pending
for adjudication you also get in Lok Adalat.
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Generally the judgement rendered in Lok Adalat is final and is not
appealable. It is binding on both the parties and has the same force as
the judgement rendered by the Civil Court .
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By filing Execution Petition in the Civil Court you can get the
judgement of Lok Adalat executed.
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If a case pending before the court is settled in Lok Adalat the court
fees paid in that case is refunded partially or fully as per law.
What powers Lok Adalat has?
Lok Adalat can:
Take evidence.
Call for any Public Documents from any Public office or court.
What is a
Permanent Lok Adalat?
The Courts
established by National Legal Services Authority or State Legal Services
Authority for the purpose of speedy disposal of disputes pertaining to
Public Utility Services and not yet recorded in any court of law, by way
of compromise, is called Permanent Lok Adalats.
National Legal Services Authority or any State Legal Services Authority
can establish in any place of a State, in respect of any field in respect
of any one or more Public Utility Service Permanent Lok Adalats.
Every Permanent Lok Adalat has a District Judge as the Chairman and two
members who are having sufficient experience in Public Utility Services
nominated by the State Government on the recommendations of Central /
State Government.
Cases where the value of dispute is more than ten Lakh rupees are not
decided by Permanent Lok Adalat. Similarly cases pertaining to
Non-compoundable offence / offences are not taken up by Permanent Lok
Adalat.
How does the Permanent Lok Adalat
function?
The Chairman and the Members of Permanent Lok Adalat guide the parties to
the dispute to amicably resolve the dispute. If the parties to the dispute
compromise the dispute is adjudicated as per the conditions of the
compromise. If conciliation fails and if the dispute is not in respect of
any offence after recording the evidence of both the parties. The Chairman
and the members give unanimous or majority verdict. No court fee is
charged. As the procedure adopted here is very simple the disputes get
adjudged quickly.
What is the nature of the judgement
of Permanent Lok Adalat ?
The
judgement of the Permanent Lok Adalat is final and binding on both the
parties.
- The judgement of the Permanent Lok Adalat is not appealable nor can it
be called in question in any suit or Execution Proceedings.
- By filing Execution Petition in the Civil Court you can get the
judgement of Permanent Lok Adalat executed.
Name a few Public Utility Services ?
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Transportation Services (By air, road or sea; goods or passengers)
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Postal, telegraphic or Telephone Services
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Any body of service which supply Energy (Electricity) light or water to
the public
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Public Sanitary System / Services
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Hospital or The services in a Hospital
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Insurance Services.
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