ADARSH SEIN ANAND
7, Krishna Menon Marg
Judge
New Delhi-110011
Supreme Court of India
&
Executive Chairman
NATIONAL LEGAL SERVICES AUTHORITY
FROM THE DESK OF THE EXECUTIVE CHAIRMAN
It gives me immense pleasure to release the First Issue of the official
Newsletter of NALSA aptly named 'Nyaya Deep'. Sometimes even our vital concerns get
obscured on account of lack of information and dialogue. Statistics very often tell us
inadequate story. Therefore, exchange of views and information becomes necessary. This
Newsletter, I am sure, shall go a long way to improve the system of providing legal
services to the poor, backward and deprived sections of the society, who are already
living on the brink and get pushed further by sense of injustice. Besides the Newsletter
would provide an opportunity to the Legal Services Functionaries in the country to
exchange their views with a view to bringing about uniformity, cohesion and constructive
approach in their various programmes aimed at providing legal aid and advice.
I have always maintained that Legal Aids not a charity, but a
constitutional obligation of the State and as such all legal aid functionaries need to
strive and ensure that this constitutional pledge is fulfilled in its letter and spirit.
We must aim to ensure equal justice for all. It is rather sad that even after fifty years
of our independence, the downtrodden and weaker sections of the society feel handicapped
in pursuit of justice and this should be a matter of concern for all those who are engaged
in the justice delivery system. The legal aid functionaries in the country should strive
to evolve every possible strategy to ensure that not even the weakest amongst the weaker
sections of the society, living in the remotest corner of the country, feels that he has
to suffer injustice in silence. Special legal aid schemes for women, children, persons in
custody and backward segments of the society need to be evolved and propagated with utmost
sincerity.
Our justice delivery system is currently confronted with a serious
crisis on account of delay in resolution of disputes and enormous litigation costs. Lok
Adalats are providing a supplementary forum for the settlement of disputes through
conciliation and are playing a pivotal role by providing inexpensive and speedy justice to
the litigants. Though I am happy with the progress of Lok Adalats in the country, but
still lot remains to be done for ensuring equal justice for all. We have a proposal to
establish permanent and continuous Lok Adalats in all the Districts of the country and
once approved by the Central Authority, I am sure that these Lok Adalats would make
available a very useful forum to the litigants for settling their disputes amicably. It is
heartening to note that Chandigarh Legal Services Authority has already established one
such Lok Adalat at Chandigarh and I am glad to note that it has received very encouraging
response from the litigant public as well as Press. I hope very soon other States will
also follow suit. We are also examining the pros and cons of permitting the Lok Adalats to
take cognizance of even those disputes which are at pre-litigative stage and pass awards
therein as per the provisions of the Legal Services Authorities Act. If found feasible,
this strategy would result in reducing the inflow of cases to our already over-burdened
courts considerably besides giving expense free justice to the litigants.
NALSA has focused its attention on legal literacy and legal awareness
programmes by evolving diverse methodologies. No amount of social welfare legislation,
administrative programmes and schemes for the welfare of the weaker sections of the
society can achieve its goal unless those groups of the society for whom these laws or
programmes have been evolved are made aware of the provisions thereof and the methods of
taking advantage thereunder. A multi-dimensional legal literacy campaign therefore, has to
be launched throughout the country to make the masses aware of their legal rights and the
procedure to make use thereof. NALSA is funding and encouraging State Legal Services
Authorities to launch a nationwide publicity campaign in regard to legal services
including legal aid and advice. This Newsletter can augment all those efforts.
Regular publication of 'Nyaya Deep', the official Newsletter of NALSA,
is intended to bring uniformity and harmony in legal aid activities throughout the
country. I appreciate the work and efforts put in by the Editorial Committee in bringing
out the First Issue of 'Nyaya Deep' and wish that they continue to improve its content and
relevance in the times to come. I am sure the Newsletter will service its desired
objective. I wish the Newsletter well.
My message to all legal services authorities and functionaries is:
"EXTENT YOUR HAND - REACH OUT - SOMEONE OVER THERE NEEDS YOU".
(A.S. Anand)
Judge, Supreme Court of India
&
Executive Chairman, NALSA
S.P. BHARUCHA
6, Moti Lal Nehru Marg
Judge
New Delhi-110011
Supreme Court of India
&
Executive Chairman
NATIONAL LEGAL SERVICES AUTHORITY
FROM THE DESK OF THE EXECUTIVE CHAIRMAN
The Constitution of India postulates a society in which social,
economic and legal justice is available to all on the basis that they are equal. To
enforce the constitutional mandate of equality before the law, the State has to ensure
access to justice, that is to say, that opportunities for securing justice are not denied
to any citizen by reason of economic or other disability.
Although our justice delivery institutions endeavour to dispense even
handed justice, the ignorance of large numbers of the people of their legal rights and
their inability to fight for justice for a variety of reasons has given rise to the
apprehension that the poor, backward and weaker sections of our society do not secure
justice. All legal services programmes and schemes must, therefore, work to remove this
impression and to instill in the minds of the disadvantageous sections of society the
confidence that our administration of justice is committed to provide equal justice to
all. Legal literacy and awareness are the principal means to achieve the object of
ensuring that equality before law for the citizens of this country is a reality. Such
literacy and awareness will make clear that the law does not discriminate between rich and
poor, high and low, mighty and weak and that it is not the privileged preserve of a few.
The Hon. Chief Justice of India, my predecessor as Executive Chairman
of National Legal Services Authority, has, in introducing numerous legal aid schemes, kept
legal literacy and awareness high on NALSA's agenda. We have all to strive hard to
transform that dream into a reality by ensuring that the poor, backward and weaker
sections of society are made aware of the legal rights and afforded the means to take the
benefit of the laws.
The Legal Services Authorities Act, 1987, which was brought into force
on 9th November, 1995 is a fitting tribute to the framers of our Constitution, it furthers
theirs endeavour to establish that there would be equality before the law and a vibrant
and fair justice delivery system that would ensure it. It is now for us, legal aid
functionaries, to achieve the goals set out in the Act without loss of time. NALSA shall
encourage and support legal services schemes and programmes in the country so that
meaningful assistance is given to those who are not in a position to pursue their legal
remedies on account of poverty, want of knowledge or other such handicaps.
(S.P. Bharucha)
Judge, Supreme Court of India
&
Executive Chairman, NALSA
S.P. BHARUCHA
7, Krishna Menon Marg
Judge
New Delhi-110011
Supreme Court of India
&
Executive Chairman
NATIONAL LEGAL SERVICES AUTHORITY
FROM THE DESK OF THE EXECUTIVE CHAIRMAN
The year 2000 is almost upon us, yet there are many in this country who
are ignorant of their legal rights and duties. The foremost task of legal services
functionaries should be to spread legal literacy and awareness. The effective
implementation of the schemes and programmes under the Legal Services Authorities Act will
go a long way in bringing legal literacy and awareness to people through the length and
breadth of the country.
NALSA has asked all State Legal Services Authorities to grant accreditation to reputed
NGOs for spreading legal literacy and awareness in every nook and corner of their States
and particularly in the tribal areas. Although about a year has elapsed, the response is
much below expectation. I would urge the state authorities to press ahead in this regard.
Legal Services functionaries must do all that is in their power to
bring about the settlement of disputes through negotiated settlements by mediation and
conciliation, so that the spirit of goodwill and mutual trust is fostered.
NALSA has already initiated schemes for establishing permanent and
continuous Lok Adalats in every district in the country. The purpose is to make available
a statutory forum for settlement through negotiation of disputes, not only disputes which
are already in litigation but also disputes at the pre-litigative stage. Some States have
implemented the scheme. Regretfully, some are lagging far behind. The importance of
putting the scheme into practice cannot be over-emphasised.
NALSA is examining the feasibility of establishing permanent Lok
Adalats in departments of government and statutory bodies which are, by the nature of
their activities, greatly involved in litigation with the public. Much is expected, once
this is done.
The Legal Aid Counsel Scheme promises effective and timely legal
assistance to all who are taken into custody by the police or other like authorities. Most
State Legal Services Authorities have adopted the scheme and NALSA is collecting status
reports to examine the working and utility thereof.
NALSA has found that not all judicial officers in the country are duly
sensitized to legal services schemes and programmes. They are, therefore, unable to guide
poor litigants in this regard. The State Legal Services Authorities must ensure that
judicial officers in their jurisdiction are made duly sensible of the work NALSA is doing
and of its importance to the poor and illiterate.
I trust that by the turn of the century all NALSA schemes will have
taken firm root and the next millenium will reap abundant fruit.
(S.P. Bharucha)
Judge, Supreme Court of India
&
Executive Chairman, NALSA
S.P. BHARUCHA
7, Krishna Menon Marg
Judge
New Delhi-110011
Supreme Court of India
&
Executive Chairman
NATIONAL LEGAL SERVICES AUTHORITY
FROM THE DESK OF THE EXECUTIVE CHAIRMAN
The legislative will and the expectations of an enactment are reflected in its Preamble.
The Preamble to the Legal Services Authorities Act, 1987 (as amended in 1994) is
meaningful. It reads:
"An Act to constitute legal services authorities to provide free and competent legal
services to the weaker sections of the society to ensure that opportunities for securing
justice are not denied to any citizen by reason of economic or other disabilities, and to
organise Lok Adalats to secure that the operation of the legal system promotes justice on
a basis of equal opportunity."
The teeming millions of this country, particularly those who live below the poverty line
in tribal, backward and far-flung areas, look to the legal Services Authorities for help
and support in resolving their legal problems. When involved in litigation, they often
feel that they are fighting an unequal battle in which the party that has better financial
resources can secure more able legal assistance and so deprive them of equal justice. It
is, therefore, the solemn duty of Legal Services Authorities to ensure that the poor and
downtrodden to whom they provide legal aid do not remain under the impression that they
are getting comparatively inferior legal assistance. Till they are able to remove this
impression from the minds of aided persons, the Constitutional promise to provide equal
justice to all will remain a promise on paper.
NALSA has initiated various schemes for ensuring equal justice to all,
but one continues to hear voices of discontent on account of the quality of legal aid that
is given by legal aid advocates. There is no doubt that most State Legal Services
Authorities and the Committees working under them have serious financial constraints and
thus they look to NALSA for financial support. At the same time, I wish to emphasise that
they must immediately focus their attention on the quality and content of the legal aid
that is offered so as to ensure that competent legal services are available to aided
persons and no one carries the impression that on account of his financial disability he
is unable to get even handed justice from a court of law. If resources permit and with
such financial help that NALSA can provide, all State Legal Services Authorities, with a
view to attracting more talented advocates, must revise payment schedules for panel
advocates. They must also consider compressing the panels so that Panel Advocates get more
work and, thus, more remuneration from Legal Services Authorities. This will encourage
them to render effective legal assistance to aided persons. In due course this will also
give rise to healthy competition among members of the Bar to become Legal Aid Advocates.
That will be the day when the quality of legal aid that Legal Services Authorities provide
shall be assured.
It is also very important that State Legal Services Authorities should
keep a watch over cases entrusted to Legal Aid advocates to ensure that there is no laxity
in their conduct. Prompt action should be taken where repeated complaints are received
from aided persons about advocates assigned to them. They should not be left to feel
helpless, with no remedy available. Legal aid advocates must appreciate that legal aid is
not a charity but the Constitutional right of the poor and underprivileged, and their
function is to bring that right to fruition.
(S.P. Bharucha)
Judge, Supreme Court of India
&
Executive Chairman, NALSA
S.P. BHARUCHA
7, Krishna Menon Marg
Judge
New Delhi-110011
Supreme Court of India
&
Executive Chairman
NATIONAL LEGAL SERVICES AUTHORITY
FROM THE DESK OF THE EXECUTIVE CHAIRMAN
The Agenda for the Second Annual Meet of the State Legal Services
Authorities, to be held at Hyderabad on 9th October, 1999, has been circulated to
participants. The meet will be an opportunity to take stock of our achievements and
failures during the last year and resolve on what we still need to do to achieve the
avowed goal of ensuring equality before the law for every citizen of this country.
At the first Annual Meet, which was held at New Delhi in September,
1998 vital decisions were taken. If implemented in letter and spirit, they will instill in
the minds and hearts of the poor and downtrodden the confidence that the law and the law
courts do not discriminate between them and the rich and that opportunities for securing
justice are available to everybody in equal proportion. We now need to see how far they
have been implemented in letter and spirit.
Permanent and Continuous Lok Adalats in all Districts in the country,
in Government Departments and in Statutory Bodies are aimed at providing fora to the
people to resolve their disputes amicably, without having to move the courts, which are
over-burdened and take time in adjudicating upon disputes. These fora can take cognizance
not only of matters pending in the courts but also of disputes at a pre-litigative stage.
They can pass awards thereon if the not-yet-litigant parties arrive at a settlement.
The Legal Aid Counsel Scheme, under which Legal Aid Counsel have have to be deputed in all
Magistrates courts at the expense of the Legal Services Authorities, strives to give legal
assistance to those who are produced before Magistrates but have no means to engage
counsel. The presence of Legal Aid Counsel in the court would ensure that the
constitutional and legal rights of such persons are safeguarded.
Legal literacy, legal awareness and publicity campaigns about legal aid
services and schemes remain high on our agenda. They are aimed at ensuring that no one
suffers injustice on account of ignorance or lack of means. The progress made by legal
services authorities in this behalf needs to be examined and further action identified.
I am very keen that the quality of the legal service provided to aided
persons is improved by attracting talented and dedicated advocates to Legal Aid Panels.
The illiterate, poor and disadvantaged segments of our society, who are our aided persons,
should not be permitted to carry the impression that the legal assistance that is provided
to them is inferior and that, therefore, the other party is at an advantage. This requires
the due attention of Legal Services Authorities if the constitutional pledge enshrined in
Article 39-A of the Constitution of India is to be fulfilled.
The Agenda for the Second Annual Meet is printed in this issue of
'Nyaya Deep' so that legal services functionaries all over the country may know the
subjects of our deliberations. The result of the deliberations, as set out in the minutes
of the Second Annual Meet, shall be printed in the next issue.
(S.P. Bharucha)
Judge, Supreme Court of India
&
Executive Chairman, NALSA
S.P. BHARUCHA
7, Krishna Menon Marg
Judge
New Delhi-110011
Supreme Court of India
&
Executive Chairman
NATIONAL LEGAL SERVICES AUTHORITY
FROM THE DESK OF THE EXECUTIVE CHAIRMAN
Legal Aid Schemes are aimed at ensuring that equal justice is not denied to those who are
unequal on account of poverty, illiteracy, ignorance or some such cause. As section
2(1)(c) of the Legal Services Authorities Act, 1987 states, 'Legal Service' includes the
giving of advice on legal matters. Laymen involved in legal problems are often confused
and unable to understand the implications. They need to seek the guidance of lawyers.
Legal Services functionaries can assist those who are unequal by making available to them
the legal advice of a competent person. Doing so would serve a dual purpose. First, of
explaining the legal implications of the situation and suggesting a course of action.
Secondly, of preventing a proceeding in court. When a person is made to understand the
legal implications of his problem, he may realise that his case is not tenable and not
pursue it. Even if he has some case, he may be persuaded to opt for a settlement through
negotiations. Counseling by retired lawyers and judicial officers would be of enormous
assistance in this regard. Member Secretaries and Secretaries of Legal Services
Authorities and Committees should themselves find time to give legal advice.
At the Second Annual Meet of the State Legal Services Authorities held at Hyderabad on 9th
October, 1999, it was resolved that counseling and conciliation centers should be
established in all the Districts of the country. These centers would go a long way in
providing timely and proper legal advice to litigants and would be litigants and motivate
them to settle their disputes. Such centers are already operating and doing good work in
some States, especially in the field of matrimonial and family disputes. Counseling and
conciliation centers should now strive to play a larger role, and legal aid, especially in
civil cases, should, so far as is possible, not be sanctioned without first exploring the
possibility of an amicable settlement between the parties.
Conciliation centers can be run with the help of social workers drawn
from retired judicial and civil service officers, educated housewives and other
enlightened segments of society. They would be in a position to mediate and suggest
solutions acceptable to the rival parties. State Legal Services Authorities should run
conciliation and counseling centers at their own offices as also at the offices of
District Authorities, and they could pay an honorarium to the counselors and conciliators
to compensate them for travelling expenses and the like.
The proceedings of conciliation and counseling centers must, of course,
remain informal. Certainly, no record should be made of the statements of the parties or
of their discussions until a settlement is reached. Matters that are amicably settled can
then be placed before the Permanent Lok Adalat in the District or other Lok Adalat, for
the Lok Adalats are now empowered to record settlements, even at the pre-litigation stage,
and pass awards in terms thereof.
I conclude by wishing all Legal Services functionaries a very happy and
productive New Year.
(S.P. Bharucha)
Judge, Supreme Court of India
&
Executive Chairman, NALSA
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