20-01-

District Legal Services

[REPORT ON INTERNSHIP]
Authority

Aditya Chaturvedi
This report contains all the things which I have I learnt during this wonderful experience at the
Himachal Pradesh
District Legal Services Authority. It also contains my various experiences and my likes and dislikes
National
regardingLaw University
them.
 Day 01 of Internship: General Introduction with the Instructions

Day 01, the internship of fifteen days at District Legal Services Authority,
Jaipur began. The first day we need to report at the office situated inside District
and Sessions Court, Jaipur. After com-letting all the formalities, we were
introduced to the Instructor Mr Someshwar Sir. No work was given to us on that
day and we were treated just like the new born cubs in this field. The
instructions gave us information regarding the formation and working of Legal
Services Authority in India and specifically about working of District Legal
Services Authority, Jaipur.

Finally, we were given a book was to provide us with various kinds of problems
which are present in our society, such as the use of drugs by the children,
various small crimes such as that of cheating in the examination, et cetera.

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 Day 02 of Internship: On this day we were taken to the central Jail

On this day we again went to the District Legal Services Authority Office for
our attendance and then from there we left for the Central Jail which is present
on Agra road near, Ghat gate, Jaipur. On reaching there we meet Mr Sohan
Atal, who is a volunteer there in the District Legal Services Authority office.

Then we went into the prison, there he told us that there are two types of
prisoners, one who are convicted by the court and are spending their prison
time, and the other type is that of the one who are under trial and are yet to be
convicted by the court. There we were told that there are various types of works
which have to be performed by the prisoners, these are only given to those
prisoners who have been convicted by the court and no work is being made to
do by the prisoners who are yet to be convicted by the court. Both the type of
prisoners has some common rights, while only some of them are different. Both
of them are given the opportunity to talk to their loved ones for five a day on the
charged basis, but all their talks are recorded for the purpose of safety and as a
precaution. They are also allowed for the visits ones a week from their family
members, while the under trial prisoners are allowed to meet their loved ones
twice a week. This is because, it is still not proven if they are culprits of a crime
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or not. There is also a facility of video chatting, but it is only for the purpose of
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the court, hence could only be used in case the court has ordered for a video
conference with the prisoner. The prisoners are also provided with various kinds
of duties such as that of cooking the food for themselves as well as other
prisoners, there is also a duty for the cleaning of the premises of the compound
of the jail. Some are also given the duties at the canteen from where they can
buy food item by paying the marked price of the goods. Some are given duties
of gardening, while others who are well behaved are given the job to take care
of those, so that they may not hurt anyone using the weapons. We also met a
prisoner name Manoj, who was in the prison for life imprisonment. He told us
that he had appealed in the High Court two years ago, but till now no action has
been taken over his appeal.

Day 03 of Internship: Female Prison Visit

On our third of visit we had to go to the female prison in Jaipur, which is
present in the same compound where Central Jail is there. After everyone was
gathered there at eleven in the morning we put our names in the register of the
visitors just like we did during our visit in the Central Jail. Then one after
another we entered into the premises of the jail. At the gate we were checked, so
that the prisoners may not get any kind of the weapons. Then we were
welcomed with a ‘tika’ and then were first taken to the temple which is present
in the compound of the prison. The temple is dedicated to ‘Lord Shiva’. Each
one of us was given Prasad, which we ate and then moved forward. Around the
temple there was large open space where the prisoners were allowed to roam
when that were doing nothing. Then we moved forward in the prison and found
that there were studies going in the prison and an exam had also been conducted
in the prison for which they were studying arduously. Some prisoners were
doing Bhajan and Kirtan in a nearby room, hence the prison was providing them
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with the facilities they require for their re-creation. There were also the facilities
for children who are below the age of 7 years and are staying with their
mothers, such as they are given clothes, shoes, slippers and utisenls. Thus,
helping the mothers greatly to bring up their children in the prison. There are
computers which are used to teach women about the new technologies and
using them so that they could earn themselves an earning when they are out of
the prison. There a beauty parlour, where prisoners could get themselves a look
good an even learn something about various works which are conducted there.
Apart from all these things there is also a room for children where they can
watch cartoon and other things so as to enjoy themselves. The prisoners are also
provided with the calling facilities which is on charged basis and they are given
five minutes to talk to anyone they want to all over the country.

Day 04 of Internship: Female Police Station

On our fourth day of internship we went to Gandhinagar Female police station,

it controls all the cases committed in the eastern portion of the city. It is also the
first of its kind police station in the state of Rajasthan. In its compound there is
an NGO who works towards the betterment of the women. They register the
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cases from all over the country, such as from Uttar Pradesh, Bihar, et cetera.
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The NGO provides the needy women with a place to live in temporarily so that
they can save themselves from the cruelty of their family members in case there
is any. It also helps the needy women to gain justice from the atrocities which
have been committed over them during their marriage.

There was also an Ngo which was working for the children who were suffering
from drug addiction helps them to recover themselves from the situation and
lead a healthy life. This police station deals with the crimes against women due
to dowry and other crimes which are related to it. The highest ranking officer in
the police station is of an Inspector. The police station mainly works over cases
which are related to sections 498A, 406 of Indian Penal Code. Along with it
Section 323, 325, 354, 376, 377, 504, and 506 are also used, but to use these
provisions the above two provisions are mandatory other-wise case couldn’t be
registered in this police station.

Day 05 of Internship: Information over Paralegals

Mr. Someshwar Meena, assistant officer of DLSA, gave us a lecture and told
that Para-legal Volunteer post has been carved out by the National Legal
Services Authority with the objective of providing legal aid and impart
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awareness regarding rights and duties of the citizens. The District legal services
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authority appoint and engage Paralegal Volunteers I Legal Aid Clinics under the
district jurisdiction. Several meaningful attempts have been made in recent
times by the legal authorities to provide cheap, accessible and speedy justice to

the common people in India.

Paralegal; Volunteers are tasked with educating the people and encouraging
them to exercise their legal rights. Paralegal Volunteers are also entrusted to
generate awareness regarding the benefits of solving disputes and grievances in
pre-litigation stage through Lok Adalats, Conciliation, Mediation and
Arbitration. Apart from these, the paralegals can also perform the duty of
intermediates to help resolve public disputes through arbitration. Efforts are
made to overcome the bitterness between the parties and cultivate good relation
between them. While deciding any disputes, the paralegals are expected to work
very patiently and without any motive to defend the plaintiff or respondent.

Any person whom the District Legal Services Authority or Taluka Legal
Services Committee deems fit is considered for appointment as paralegal. They
are usually selected from professionals such as teachers, retired government
officials, senior citizens, M.S.W. students, Doctors, et cetera. In the prison such
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appointments are also made so as to help the prisoners with their problems, in
such cases prisoners with long term punishments are considered, especially with
good behaviour.

The minimum educational qualification which is required for a person to be

volunteer is that he must be 10th /12th pass out or a graduate or a post graduate
from a recognised university. He must be of good moral conduct and must
involve in any kinds of criminal activities. He must be between 18 years to 38
years of age, to be considered for the post.

Day 06 of Internship: Visit to Permanent Lok Adalat

I observe the proceedings and the panel which is there and told us about the
public utility services that if they are infringed or restrained then a person can
approach to permanent lok adalat also, since the pecuniary jurisdiction is up to 1
crore in the panel. The panel consists of a chairman and two other members.

Day 07 of Internship: Lecture on Panel Advocate Scheme

Mr. Chandmal ji, the assistant officer at DLSA, gave us a lecture on Panel
Advocate Scheme.

He told us about panel advocate scheme that a Panel Lawyer means a lawyer
selected under regulation 8 of the National Legal Services Authority (Fee and
Competent Legal Services) regulation, 2010 to render free and competent legal
services to the deserving and needy persons under this scheme.

While the appointments of the Legal Services Advocate things are taken into
consideration are that the advocates should be legal professional, capable,
honest and amicable as well as amiciable.

Advocates are appointed by the members of Interview Board comprising of:-

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1. Honourable Chairman, District Legal Services Authority

 2. Senior Additional District Judge
3. Senior Additional Sessional Judge
4. Secretary, District Legal Services Authority

The Delhi Legal Services Authority and District State Legal Services
Authorities provide free legal aid to all the eligible persons as per section 12 of
The Legal Services Authority Act, 1987, read with regulations 9 of the Delhi
Legal Services Authority Regulations, 2002; As per the mandate of law, this
Authority has prepares a panel of advocated to prosecute the cases in District
Courts on behalf of the aided persons. This Authority has separate panel of
Advocates for MM courts, Session Courts, Civil Courts, ADJ Courts and
Family Courts. These Legal Services Advocates are paid as per the fee schedule
prepare by Central Office.

Day 08 of Internship: Basic Introduction and Important rules and

regulations
In this part of our internship we were given literature to read which included
Legal Services Authority Act, 1987, schemes of NALSA (National Legal
Services Authority) and RALSA (Rajasthan State Legal Services Authority),
Mediation and it uses, Lok Adalats, et cetera. We were also given the
information regarding Mediation process by our instructor Mr Someshwar sir.
We were also asked to visit courts. The literature mostly dealt with the schemes
introduced by NALSA for the protection of weaker class in the society and to
provide them with the free legal aid mentioned under Article 21-A of the Indian
Constitution that everyone is entitled to get free and fair.

Day 09 of Internship: Lecture on Working of Legal Awareness Team

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and Various Schemes by NALSA and RLSA

On our ninth day of internship Mrs. Pratibha Khandelwal, Assistant Officer at
DLSA office, gave us a lecture on various schemes by NLSA and RLSA, she
told about ten different schemes which are related to acid attack victims,
unorganised sector, sex workers, et cetera. A team was set up which includes
two panel advocates and two paralegal volunteers which time to time set up
camps and run legal awareness programmes. She also told us that how
volunteers help in the promotion of this scheme by enlightening the general
public about the benefits of these schemes in the society. Many a times NGO’s
also take initiative in giving awareness to the people about the same.

Day 10 of Internship: Visit to Juvenile Justice Board

On 13th of January 2020, we were taken to the Juvenile Justice Centre, so that
we may understand the working of the judicial system in case of a juvenile. One
paralegal volunteer named Mr. Suresh ji helped us through-out our visit and
first we observed that how they work and moreover how these courts are quite
different from normal procedure Code and Indian Evidence Act was given by
the one.

Day 11 of Internship: Visit to old age Home

A visit to old age home an learnt about the government policies for the senior
citizens who are homeless or thrown out of their houses by their off springs and
also made a conversation with them. We talked to inmates and queried about the
facilities which are present in the home and whether they are suffering from an
problem which is not resolved or not. Both male and female inmates were there
living in separate rooms. We meet an old man and an old woman who were
living there. The home had the capacity of twenty five persons at maximum, at
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that time, there were twenty two people were living there. All the facilities were
in good condition and food was also good and prepared in hygienic
surroundings by the inmates themselves. The cleaning of the house was also
done by the inmates themselves.

Day 12 of Internship: Lecture on Lok Adalat and Mobile Van

On our 12th day of internship a lecture was given to us on the topic Lok Adalat
and Mobile Van by Mr. Gajendra Singh Rathore, Assistant officer at DLSA
Jaipur. He told us that NALSA along with other Legal Services Institutions
conduct Lok Adalats. It is one of the alternative dispute redressal mechanisms,
it is a forum where disputes/cases pending in the court of law or at pre-litigation
stage are settled amicably. Lok Adalat have been given the statutory status
under the Legal Services Authority Act, 1987. Under the said Act, the award
made by Lok Adalats is deemed to be a decree of a civil court and is final and
binding on all parties and no appeal against such an award lie before any court
of law. If the parties are not satisfies with the award of the Lok Adalat though
there is no provision for an appeal against such an award, but they are free to
initiate litigation by approaching the court of appropriate jurisdiction by filing a
case by following the required procedure, in exercise of their right to litigate.

There is no court fee payable when a matter is filed in a Lok Adalat. If a matter
in the court of law is referred to the Lok Adalat and is settled subsequently, the
court fee originally paid is the court on the petition is also refunded back to the
parties. The persons deciding the cases in the Lok Adalat are called the
members of the Lok Adalat, they have the role of statutory conciliation only and
do conclusion for settling the dispute outside the court in the Lok Adalat and
shall not pressurize or coerce any of the parties to compromise or settle cases or
matters either directly or indirectly. Following Cases to be referred to Lok
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Adalat:
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 1. Any case pending before any court.
2. Any dispute which has not been brought before any court and is likely to
be filed before the court.

Providing that any matter relating to an offence not compoundable under the
law shall not be settled in the Lok Adalat.

National Lok Adalat

National Lok Adalats are held for at regular intervals where on a single day Lok
Adalats are held throughout the country, in all the courts right from the Supreme
Court till the Taluk Levels wherein cases are disposed off in huge numbers.
Rom February 2015, National Lok Adalats are being held on a specific natter
every month.

Permanent Lok Adalat

The other type of Lok Adalat is the permanent Lok Adalat, organised under
section 22B of the Legal Services Authority Act, 1987. Permanent Lok Adalats
have been compulsory pre-litigation mechanism for conciliation and settlement
of cases relating to Public Utility Services like transport, postal, telegraph, etc.
Here, even if the parties fail to reach to a settlement, the Permanent Lok Adalat
gets jurisdiction to decide the dispute, provided, the disputes does not relate to
any offence. Further, the award of the Permanent Lok Adalat is final and
binding on all the parties. The jurisdiction of permanent lok Adalat is up to
rupees 10 lakhs. Here if the parties fail to reach a settlement, the permanent lok
Adalat has the jurisdiction to decide the case and the decision which it tales is
final and binding over both the parties. The lok Adalat may conduct the
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proceeding in the way in which it may consider appropriate, taking into account
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the circumstances of the case, wishes of the parties like requests to hear oral
statements, speedy settlement of disputes, etc.

Mobile Lok Adalat are also organised in various parts of the country which
travel from one location to another to resolve disputes in order to facilitate the
resolution of disputes through this mechanism.

Day 13 of Internship: Visit to Court

On our sixth day internship we were taken to the district court and we were
made to observe the proceedings there quietly. When we reached there we were
given instructed to sit quietly in the court room and asked to listen to the court
proceedings quietly and attentively. The case which was going in the court at
that time was regarding to some carelessness which the government had made
during the Diwali celebration last year. Due to this carelessness the plaintiff had
suffered heavy losses due to the destruction of his goods, hence he wants some
compensation.

Day 14 of Internship: Visit to Mental Hospital

On our 14th of Internship we were required to visit the mental hospital in the
city. It is the largest of its kind hospital in the north India and second largest in
the country. There we observed that there were separate compartments for
criminal and non-criminals, males and females. Basically there were two broad
divisions, i.e., the closed mental asylum and open mental asylum. In the open
mental asylum any one can be admitted and they can live there with their
attendants. On the other hand in the closed asylum doctors only take admission
when the patient fulfils its criteria. There are several patients who go to the
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mental asylum with their own with, while in the case of others authorities put
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them in the mental asylum since they feel the need to do so. He told us that for
some patients doctors also use the electric shock treatment in which 70 volts of
current is passed for 10 sec in the brain. Now a days, this method is being
replaced with the magnetic waves method which is much safer than the former
method. Food for the patients is prepared in the campus of the hospital by cooks
hired by the hospital. The preparations of the food were hygienic. Patients were
also kept in neat and tidy place so that they may get well soon and lead a normal
life again.

Day 15 of Internship: Lecture on Mediation

The lecture on mediation was given to us by Mr. Tarachand Bansal, who is the
assistant officer at DLSA, he told that mediation is one of the other methods of
alternative dispute resolution (ADR) available to parties. Mediation is
essentially a negotiation facilitated by a neutral third party, unlike arbitration
which is a process of ADR somewhat similar to trial, mediation doesn’t involve
decision, asking by the neutral third party, ADR procedure can be initiated by
the parties or may be compelled by legislation, the courts, or the contractual
terms.

When to Mediate

Mediation is usually a voluntary process, although sometimes statutes, rules, or

court orders may require participation in mediation. Mediation is common in
small claims, courts, family court, and some criminal court programs and
neighbourhood justice centres.

Unlike the litigation process, where a neutral third party (usually a judge)
imposes decision over the matter, the parties and their mediator ordinarily
control the mediation process deciding when and where the mediation takes
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place, who will be present, hoe the mediation will be paid for, and how the
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mediator will interact with the parties.

After a mediation

If a resolution is reached, mediation agreements may be oral or written, and

content varies with the type of mediation, whether a mediation agreement is
binding depends on the law in the individual jurisdiction, but most mediation
agreements are considered enforceable contracts. In some court orders
mediation, the agreement becomes a court judgement. If an agreement is not
reached, however, the parties may decide to pursue their claims in other forums.

The mediation process is generally considered more prompt, inexpensive, and

procedurally simple than formal litigation. It allows the parities to focus on the
underlying circumstances that contribute to the dispute, rather than on narrow
legal issues. The mediation process does not focus on truth or falsity. Questions
of which party is right or wrong are generally less important than the issue of
how the problem can be resolved. Disputing parties who are seeking vindication
of their rights or a determination of fault will not likely be satisfied with the
mediation process.

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