LEGAL AID IN C.

G WITH SPEICAL REFERENCE

TO BILASPUR

Submitted To:

Dr. Eritriya Roy

(Assistant Professor, Economics)

Submitted By:

Shubham Patel

Semester III, Section A: B.A. LL.B.

Roll No. 145

Submitted On:

3-08-2019

HIDAYATULLAH NATIONAL LAW UNIVERSITY

(NAYA RAIPUR, C.G)
 DECLARATION

I, Shubham Patel hereby declares that this project on topic “Legal Aid in C.G with special
reference to Bilaspur’ is purely my original work and the all the works included in this project are
adequately cited and referenced to original source.

SHUBHAM PATEL

Semester III,

SectionA

B.A.LL.B.

RollNo.145

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 ACKNOWLEDGEMENT

The Practical realization of this project is obligated assistance of many persons. I expressly pay
my deepest gratitude to Mrs. Eritriya Roy for his consistent supervision and guidance throughout
the completion of whole project.

I am also thankful to University and Vice Chancellor for providing extensive resources in library
and through internet. I would be grateful to receive comments and suggestions to further improve
this project report.

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 Contents

Chapter: 1 Introduction ......................................................................................................................1

Chapter: 2 Legal Service in India ......................................................................................................3

Who are eligible for Legal Help? ......................................................................................................3

DIFFERENT LEGAL SERVICES COMMITTEE ...........................................................................4

Chapter: 3 WORKING EXPERIENCE .............................................................................................7

Conclusion ....................................................................................................................................13

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 CHAPTER: 1
INTRODUCTION
To provide Legal service in a more organized way and so that everyone in the country get their
legal rights, Legal service Authority act, 1987 was passed, so that all needy people can get their
rights. SLSA is part of this act under National Legal Service Authority and above District Legal
service Authority. This Act was established under this 1987 act as administration division which
look and works to aware more citizens about their rights and duties and moreover this is result of
concept of welfare state, where taking care of its citizen’s welfare is government responsibility.
But it is not that, that before enactment of this act there was no concept of legal service even
before enactment of this act different program run legal service at some level. But to get proper
legislative so that the deprived section of the society can get their legal rights or justice also
served to them lead formation of this act, and formation of separate body for legal service make
it also towards to increase Legal Awareness and Legal Education, which is also important as
people are not aware of their rights and legal education become must to stop illegal practices in
society. Legal Services Authority Acts divide this working body in four different level which
cover a center body who directs the whole nation at topmost level, then every state has this at
state level under which every district have legal service organisation and at bottom level i.e.
Taluk level there also a office to look the working. This Internship under SLSA gave practical
experience about the Working of SLSA and DLSA of Chhatttisgarh situated at Bilaspur and
Raipur respectively and various government institutions related within scope of legal services
like Jail, Mental Hospital, Courts and this report consists of the experience related with it.

OBJECTIVE OF STUDY
1. To know about the Legal Aid in Chattisgharh.
2. To know about the legal service matter.
3. To know who are eligible for legal assistance.

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 RESEARCH METHHODOLOGY
1. The project work is carried out in descriptive and analytical approach.
2. The research of this project is based on the primary sources of data as well as sedentary
data.
3. Interview method was used to collect the data.

LEGAL SERVICE IN INDIA

After setup of formal structure of Judiciary, the Bombay Legal aid Society formed is 1924 is first
of a kind to provide Legal service to poor and needy persons. After Independence in 1949,
Bombay High Court setup Committee under Justice N. H. Bhagwati which advocates to setup a
administrative machinery in four level i.e. at National, State, District and Taluka. It had also
mentioned the scope and extent of Legal Aid. Legal Aid may be given to plaintiff and defendant,
complainants, petitioners etc. Legal Aid may be provided in all courts. Legal Aid includes a)
Court fees b) Process fees c) Diets of witnesses, d) cost of certified copies e) Pleaders fee etc.
Trevor Harries Committee in West Bengal also recommended tier based administrative legal aid
but in 3 tiers.

Indian Constitution also promote equality before law (Article 14) and Advocates for proper
representation in eyes of law (Article 22.{1}) and after the 42nd Amendment in 1976 it added
Article 39A Which states that The state shall secure that the operation of the legal system
promotes justice, on a basis of equal opportunity, and shall in particular, provide free legal aid,
by suitable legislation or schemes or in any other way to ensure that opportunities for securing
justice are not denied to any citizen by reason of economic or other disabilities." In short it
advocates for equal justice and free legal aid.

Justice P.N Bhagwati contribution for development of legal aid is unmatched, a committee have
been set under Justice P.N. Bhagwati was set to develop Legal aid, he developed the program at
four different sphere and take the concept of legal aid out from just being court oriented, the first
strategy is to promote legal literacy among the people as legal rights are for the benefit of people
and still they are the one who doesn’t know about it, the idea is to increase legal awareness
through distribution of booklets, showing films or adds etc. which impact the people. A second

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strategy was adopted to carry legal services to the doorstep of the people by organizing legal aid
camp in selected rural areas. Thousands of people attended those camps. The legal problems of
the people were used to be answered by a lawyer and the financial problems were answered by
various revenue authorities who also attended such camps. People's courts were set up where
retired judges, socially committed lawyers and social activists involved in pending cases were
mediated.

The third strategy to add ‘Law and Poverty’ as subject in LL. B. course and open legal aid clinics
in universities to aware student and forth strategy is to enroll the youth of different fields who
want to help the society and educate them as paralegal volunteer so they further educate the
masses. He and Justice Iyerwere part of judicare committee in 1977 which further lead towards
the development of Legal Service Authorities Act, 1987. This act create a systematic approach of
getting legal aid, eligibility criteria has been laid down and also advocates for setup of regular
lok adalats to secure that the operation of the legal system promotes justice on a basis of equal
opportunity.

CHAPTER: 2
Who are eligible for Legal AID?

Section 12 of legal services act, 1987 make the following people are entitled for legal service
under this act –

i. A member of Schedule Caste or Scheduled tribe

ii. A victim of Trafficking in human being or beggar referred in article 13 of constitution
iii. A woman or a child
iv. A person with disability as defined in Person disability Act
v. 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
vi. An industrial workman
vii. A person 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

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 a juvenile home within the meaning of clause(j) of Section 2 of the Juvenile Justice Act,
1986 (53 of 1986) or in a psychiatric hospital or psychiatric nursing home within the
meaning of clause (g) of Section 2 of the Mental Health Act, 1987(14 of 1987)

viii. In receipt of annual income less than rupees one lacs or 1.5 lacs in case of Chhattisgarh.

DIFFERENT LEGAL SERVICES COMMITTEE

NALSA

Under this 1987 act there should be a central authority at national level for achievement of legal
aid services, National Legal services authority established in Delhi, its work related for policies
and program formation towards development of legal service and allotment of funds to different
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State legal services authority and monitor their works, educate different social workers and also
to conduct different legal awareness program and apart from this is to encourage settlement
through mediation, arbitration and conciliation and also to conduct national level lok adalat for
settlements of disputes.
The office bearer of NALSA consists patron in chief which is chief justice of Supreme Court, the
chair is currently headed by Justice Ranjan Gogoi and the chief executive of NALSA is second
most senior judge of supreme court which is currently headed by Justice Madan Bhimrao Lokur.

Supreme Court Legal Services Committee

The Central Authority shall constitute a Committee to be called the Supreme Court Legal
Services Committee for the purpose of exercising such powers and performing such functions as
may be determined by regulations made by the Central Authority.

The Committee shall consist of a sitting judge of the Supreme Court who shall be the Chairman;
and Such number of other members possessing such experience and qualifications as may be
prescribed by the Central Government to be nominated by the Chief Justice of India.
The Chief Justice of India shall appoint a person to be the Secretary to the Committee, possessing
such experience and qualifications as may be prescribed by the Central Government.

SLSA
SLSA or State Legal Services authority is administrative division legal service authority of each
state which forms policy for legal service at state level, it also get grant from NALSA for its
working and give directive to furthers DLSAs, it also conduct lok adalats for High Court cases.
The Chief Justice of High Court is patron in chief of SLSA and after him the senior most judge
be the executive chairman of SLSA. Apart of this there is member sectary appointed by state
government with the advice of Chief justice of high court.

High Court Legal Services Committee

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On the lines of Supreme Court Legal service Committee a similar Committee is made in high
Court, with a sitting judge as it member. Its function is similar as of Supreme Court Legal
Services Committee.

DLSA

The State Government with the consultation of Chief Justice of High Court constitute a legal
service body to monitor district level work, with a district judge as it chairperson. The function of
this authority is to monitor and constitute legal service program at district level and all the
functions delegated to it by SLSA and also co-ordinate with Taluk legal service committee. It
also conducts lok adalat within district.

The last level of this hierarchy is Taluk Legal services authority, which work at taluk level and
the senior most judicial officer of that taluk as it ex-offcio chairman.

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 CHAPTER: 3
WORKING EXPERIENCE

DLSA office (25-11-2018 to 06-12-2018)

1. Visit of Family Court

Date – 04-12-2018
The first day of internship started with the visit of family court where I understood the basic
functioning of Family Court in the court room of Sir Vinod Kujur(A.D.J) and Understood the
process how complaints are filed in Family court i.e. via by police department or directly in
court.
Before the matter is decided by the judge of family court the matter is sent to the counsellor.
Nearly 7to 8 counselling were witnessed by me under the guidance of Mrs USHA KIRAN
BAJPAYEE. The cases which I saw in counselling were the cases of maintenance. Sec 125 of
CrPc talks about maintenance which is given basically to all the woman and the children . There
was also a room for negotiation and a small child care room Kilkari, ( it is also a good initiative
started by the High Court of CHHATISGARH so that Child is not affected by the circumstances
of family and its mind doesn’t suffer any adverse effect). The Kilkari room consists of toys and
other items. Many marriage disputes are being settled in the family court through mediation and
counselling process so we can say that it is a type of legal aid which is being provided to the
woman. Those women who cannot afford a lawyer is provided with lawyer.

2. Visit of Central Jail of

Bilaspur
Date – 05-12-2018
The report of jail visit is prepared under the guidance of SIR BRIJESH RAI Chairman District
legal service authority Bilaspur.
The jail authorities have different offices the first one contain the files of all the convicted
prisoners the second office contain the files of under trails prisoners. These files can’t be
disposed especially the convicted prisoners files the under trails files can be disposed after 12
years but in Bilaspur all the under trails are still maintained. Any prisoner can’t be directly

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admitted in jail until it has judicial Order and come with the warrant the Warrant is also
preserved it contains all the hearing dates the prisoner have faced or have to face i.e. the next
hearing. The Jail is divided in two main cell the first one contain the prisoners who are convicted
the second one contain the prisoner who are under trail, apart from this there is another cell for
prisoner of age 18-21 years. Most of the prisoner are involved in different kinds of works for
which they get paid, the jail itself have a canteen, Printing press, Furniture shop managed by the
prisoners, the prisoner who are skilled enough for the work assigned to it get paid 75 rs.The
money which is earned by the prisoners is divided into two parts half of the money is given to
victim side and half of the money is utilised by them for their personal expenses such as buying
of soaps and other personal items per day while the unskilled prisoner paid 60 rs per day. The
kitchen is totally managed by the prisoner and the Jail also has in built Dispensary in which
prisoner also works. The major two division of cell are eight sided and each of them have a tower
from which every barrack is visible. Each barracks have CCTV surveillance and all the prisoner
are 24 hrs . under the monitor of Jail authorities. The Jail also had video room in which the
prisoner gearing to court can also done for a reason when under circumstance the prisoner is not
able to reach court for actual hearing so its virtual hearing can be done and proceeding be
delayed. The total no. of Prisoner was 3708 out of which 1345 were convicted prisoners while
rest were under trial prisoners. The jail has separate barracks for the terrorists and in Bilaspur jail
at present there are 5 terrorist who belonged from different terror group such as SIMI, INDIAN
MUJJAHIDIN JAMAT UD DAWA The jail is managed by staff of 27 people. In case of medical
emergency the ambulance is available. Every Barrack has a leader. which provides all the
information regarding the health status of the prisoners who are living with him. The Bilaspur
Jail is one of well maintained Jail. Apart from these there is also visitor’s room and female cell.
All the questions which were asked from the prisoners were based on the questionnaire method.
There is a call studio in which each prisoner is given 7 minto talk to their family or to the lawyers
appointed to them. They are being provided

3. Visit of Juvenile Justice Board, Juvenile Jail, Child Welfare Home

Date – 06-12-2018
The report of Juvenile justice board is prepared under the guidance of Smt Ganga Patel(judicial
magistrate first class)Juvenile Justice Board is situated at Nootan Square, Bilaspur., she along
with 2 other member form Juvenile Justice Board which are having well versed knowledge of
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law look into the matter of children with age group of under 18 years old., the other two member
are social workers in which it is mandatory that one should be woman, who hear the juvenile
matters. The matter comprises accused of age group below 18 are heard here and besides of
Justice Board office the Juvenile Boys Jail is situated. The Jail consist of two block the first one
is the place of safety where the person of age group 16-18 who convicted heinous offence are
kept while the other block is regular one where other convicted are kept. There was a hall which
separates this two blocks. The Juvenile Jail served for 4 districts of Chhattisgarh i.e. apart of
Bilaspur the convicted of Baloda Bazar, janjgir, and korba are kept in the juvenile home. There is
counselling room where regular counselling are held for this convicts. The most no. of juveniles
are Theft convicts. The Food time table are strictly maintained as per nutritionist. The time tables
for Juvenile are contain certain activities so that these things have positive impact on their mind
and create during counselling.
Child Welfare Home is also situated besides Juvenile Justice Board, it is home for children of age
7 years to 18 years. The Child kept their according to Directions of CWC. The Children who are
left out in streets or abandon by family or went missing whom family can’t be located are kept
there. There is special arrangement for children with Disabilities and the children which are of
third gender kept under special view. The kids there are from different parts of country and there
expenses are government responsibility which includes School and Health. The food chart is
specially prepared according to nutritionist advice. The working of home is according to Juvenile
Justice care and protection act. The total capacity of home is 110 while there are 78 child as
present. The rooms of kids are on age basis the first room is of 6-12 years and the second room is
for children of 12-18 years. The Kids are also available for adoption and done by Special
Adoption Agency. There is also a counsellor for Kids present there. There are activities assigned
to
Kids in each Saturday so they learn and there all round growth is possible.

CGSLSA OFFICE (7 December – 14 December)

1. Video Conferencing
Date – 07-12-2018
Witnessed the live Video conferencing of Lawyer with prisoners of different jails of
Chhattisgarh. The SLSA office is connected with every Jail of Chhattisgarh and hold regular
talks with prisoners to provide them Legal assistance. It also take care of the situation if the
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prisoner is not able to afford Lawyer, SLSA appoint a lawyer for them. The prisoner whom we
connected said that he don’t want to appeal further as his term in that prison is almost over. With
this Video Conferencing it became easy to connect with different Jails and provide help if
needed. Vedio conferencing has been done for the prisoners who has committed heinous crime
because it is very difficult to make them travel through different places.

2. Visit of Mental Hospital

Date – 12-12-2018
Mental Wards of both genders are divided into two types, one is open and other is closed. Open
Ward consists of patient who are dropped there by their family members while closed wards
have patient who come there by Judicial order. Another major difference between closed and
open ward is that open ward are without assistance while closed wards have assistances. The
mental hospital is growing through bed expansion it was initiated with 100 beds now it has 200
beds with it. There are 12 doctors for treatment of patients. According to Patients their basic
requirements are fulfilled, they don’t face any problem related with hygiene, food etc. The
patients of open ward complain that many of them are well recovered or falsely brought here by
their family members due to dispute and by one patient he is well recovered but not taken back
by their family members.

3. Visit of Half Home

Date – 12-12-2018
Half home is place where mental patients are kept for observation after they left mental hospital
with treatment until their family member come to take them back. It is formed after high court
directed this, the half home come in existence after 23 august 2016. 37 patients are currently
there in which 21 are male and rest are female. The Staff there is of 23 members in both the
blocks . Till now since when half home established 29 patients are taken back home. The basic
requirements like hygiene, food etc are fulfilled. It comprises patient of many states of country
Apart from this other days are spent in SLSA office, in very first day i.e. 31-05-2018 the member
secretary and under secretary gives a brief about the organisation and its working, its jurisdiction
etc. And on 04-06-2018 the films and ads based on legal awareness made by SLSA and NALSA
are shown which deal issue like Child Marriage, Dowry related issue, Domestic Violence etc.

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4. Visit of Old Age Home
Date – 12-12-2018
Visited Kalyan Kunj Old Age home under the guidance of BRIJESH RAI(CHAIRMAN DLSA)
BILASPUR,.It was founded in 1996 and currently 58 people stay there in which 31 are male
and 26 are female, apart for this there were 3 staff members also. We were introduced to old
people where we questioned them about the living condition and what about the quality of the
meals which were provided to them. A monthly allowance of Rs 300 is given to all the old
people to run their livelihood. A lawyer has been provided to the old people for information
related to property disputes. Most peoplehas crossed the age of 70, many of their sons and
daughters are in good position in society.

5. Visit of High Court

Date – 13-12-2018
Visited the Office of High Court Legal service Committee where Mr. Bhanu Pratap
Tyagi(A.D.J)explained the working of the committee and hoe committee co-ordinates with SLSA
and help the needy persons whom cases are in High Court and there were not able to afford it or
any other kind of Legal assistance

Legal Literary camp

Date – 14-12-2018

The legal Literary Camp was held at Bilhai (BILASPUR C.G) organised by DLSA and SLSA,
The seminar was attended by various 30 Trainee Judges and Advocates. They gave their
Perspectives on awareness of legal knowledge to the people of district and told them the other
ways to solve the disputes like The requirement of Mediation is understandable by the fact it is
purely based on negotiation and not affected by any kind of legal technicalities and purely
independent of it own and if the the parties are not happy with the solution come out they can
chose the legal way and come back to court again and the things happen during mediation have
no impact in future court proceedings. One of the trainee judges named SIR ALOK. AGARWAL
gave brief knowledge about RIGHT TO EDUCATION ACT 2005 which was introduced by 86th
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ammendment . He motivated the parents of village to send their children to school so that they
can learn the art of value education. One of the trainee judges gave information about the
knowledge of good touch and bad touch. And much legal knowledge was given by the group of
judges.

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 CONCLUSION

This internship gave me a great opportunity to learn about the legal service authority of our
country and how they work and also to learn about different aspects of legal service and provided
great opportunity to visit various institutions and learn about their functioning like Jail or
Juvenile Justice Board etc. and know various aspects which is unknown to many people, like
District Court experience help to under how cases heard in courts the workload of Judges etc.
The need for legal awareness is understandable and work of legal authority is well appreciated.
SALSA looks for the working of different schemes of NALSA and their programming at State
Level and directs DLSA for their functioning. Lok adalats are organized to dispose trivial cases
and lessen the burden of the courts, while it another major function is to organize legal awareness
program to educate peoples. Legal Volunteer is one of important aspect related with working of
legal service authorities, they are some people trained in some aspects of law to aware the masses
to know about their legal rights. Visit during Internship also help how legal service maintained at
other institution like to check every necessity to the people live at this institution is fulfilled or
not and in any conditions their rights must be prevails whether be in Jail or in Mental hospital. It
helps to understand the importance of Legal Service and Education and also importance of Legal
Service Authority.

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