DISTRICT LEGAL SERVICES AUTHORITY, SOUTH 24-PGNS.

1. Workshop for Para Legal VolunteersSub :Role of P.L.Vs in Legal Aid Activities in Rural Areas with special emphasis on missing children vis-a-vis Juvenile Justice (Care and Protection of Children) Act, 2000(as Amended in 2006) and Rules,2007 [W.B. Juvenile Justice (Care and Protection of Children)Rules, 2009]Organised byDISTRICT LEGAL SERVICES AUTHORITY,South 24- ParganasDate : 2.05.2014Venue : A.D.R. Centre, South 24 Pgns.Judges' Court, Alipore.

2. DISTRICT LEGAL SERVICES AUTHORITY, SOUTH 24-PGNS. "Equal justice and free legal aid : 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". Secretary, DLSA, South 24-Pgns.

3. Secretary, DLSA, South 24-Pgns. District Court & The DLSA, South 24-Pgns.

4. Secretary, DLSA, South 24-Pgns.

5. Secretary, DLSA, South 24-Pgns. The Legal Services Autorities Act, 1987.

6. Secretary, DLSA, South 24-Pgns. The Hierarchical Structure of Authorities contemplated under the Act is as follows: National Legal Services Authority Constitution Chief Justice of India, a serving/retired Supreme Court Judge and other Members Functions (a) Lays down policies and principles for making legal services available under the provisions of this Act; (b) Frames the most effective and economical schemes for the purpose of making legal services available under the provisions of the Act

7. Secretary, DLSA, South 24-Pgns. State Legal Services Authority Constitution Chief Justice of the concerned High Court, a serving/retired High Court Judge and other Members Functions (a) Give legal service to persons who satisfy the criteria laid down under this Act; (b) Conduct Lok Adalats for cases (c) Undertake preventive and strategic legal aid programmes

8. Secretary, DLSA, South 24-Pgns. District Legal Services Authority Constitution: District Judge and other Members Functions (a) To perform such of the functions of the State Authority in the District as may be delegated to it from time to time by the State Authority. (b) Co-ordinate the activities of the Taluka Legal Services Committee and other Legal Services in the District.

9. Every person who has to file or defend a case shall be entitled to legal services under this Act if that person is - (a) a member of a Scheduled Caste or Scheduled Tribe; (b) a victim of trafficking in human beings or beggar; (c) a woman or a child; (d) a mentally ill or otherwise disabled person; (e) 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; or (f) an industrial workman; or CRITERIA TO RECEIVE FREE LEGAL AID Secretary, DLSA, South 24-Pgns.

10. Secretary, DLSA, South 24-Pgns. Cont... (g) in custody, including custody in a protective home within the meaning of clause; or in a juvenile home within or in a psychiatric hospital or psychiatric nursing home; or (h) in receipt of annual income less than rupees one lac or such other higher amount as may be prescribed by the State Govt., if the case is before a court other than the Supreme Court, and less than rupees one lac twenty five thousand or such other higher amount as may be prescribed by the Central Govt., if the case is before the Supreme Court."

11. Secretary, DLSA, South 24-Pgns. PARA LEGAL VOLUNTEERS

12. Secretary, DLSA, South 24-Pgns. The Project of Para-Legal Volunteers is aimed at imparting legal awareness to volunteers selected from certain target groups who in turn act as harbingers of legal awareness and legal aid to all sections of people. The Volunteers are expected to act as intermediaries between the common people and Legal Services institutions and thereby removing barriers of access to justice.

13. 1.Para-Legal Volunteer shall educate people, especially those belonging to weaker sections of the society to enable them to be aware of the right to live with human dignity, to enjoy all the Constitutionally and statutorily guaranteed rights, performing the duties and discharging obligations as per law. 2.Para-Legal Volunteers shall make people aware of the nature of their disputes/issues/problems and inform them that they can approach the TLSC/DLSA/HCLSC/SLSA/SCLSC and that they can resolve the dispute/issue/problems through these institutions. 3.Para-Legal Volunteers shall constantly keep a watch on transgressions of law or acts of injustice in their area of operation and bring them immediately to the notice of the TLSC through telephonic message or a written communication or in person to enable effective remedial action by the Committee. Duties of Trained Para-Legal Volunteers. Secretary, DLSA, South 24-Pgns.

14. Secretary, DLSA, South 24-Pgns. Cont... 4.Para-Legal Volunteers shall assist the DLSA/TLSC for organizing legal awareness camps in their area of operation. 5.Para-Legal Volunteers shall give information to the people of their locality about the legal services activities of SLSA/DLSA/TLSC/HCLSC/SCLSC andshall provide their addresses to the people so as to enable them to utilize the free services rendered by the above organizations to the eligible persons. 6.Para-Legal Volunteers shall generate awareness among people about the benefits of settlement of disputes through Lok Adalats, Conciliation, Mediation and Arbitration. 7.Para-Legal Volunteers shall propagate the facility of Pre-Litigation petitions in the TLSC/DLSA for inexpensive settlement of disputes.

15. Secretary, DLSA, South 24-Pgns. Cont.... 8.Para-Legal Volunteers shall create awareness among citizens that if pending cases are settled through Lok Adalats the parties are entitled to refund of Court fee and that there is no appeal. 9.Para-Legal Volunteers shall make people aware of the benefits of inexpensive settlement of disputes relating to Public Utility Services like P&T, Telephones, Electricity, Water Supply, insurance and hospital services through Permanent Lok Adalats (PLA). 10.Para-Legal Volunteers shall submit monthly reports of their activities to the TLSC. 11.Para-Legal Volunteers shall see that publicity materials of legal services activities are exhibited at prominent places in there are of activity.

16. No person shall be eligible to work as Para-Legal Volunteer if he/she; a)fails to evince a sustained interest in the scheme or; b)has been adjudged insolvent or; c)is accused for an offence in a criminal case or convicted by a criminal court or; d)has become physically or mentally incapable of acting as a Para-Legal Volunteer or; e)has abused his/her position or committed misconduct in any manner as to render his/her continuance prejudicial to public interest or; f)has willfully refused to obey the instructions of the DLSA/TLSC or; A Para-Legal Volunteer with any of the above disqualifications may be removed by the Chairman, TLSC. Such removal should be promptly reported to the DLSA and also to the State Authority. Disqualifications of Para-Legal Volunteers and their removal Secretary, DLSA, South 24-Pgns.

17. Secretary, DLSA, South 24-Pgns. OUR LAWS AND THE LEGAL SYSTEM

18. We have laws because without laws the world would be chaos all over. People would be able to do whatever they wanted to. People could hurt or even kill one another. Most of the laws are obeyed. When they are not, the person breaking the law is punished. Sometimes laws seem unfair and need to be changed. The government is constantly changing and making new laws. Broadly, laws may be of 2 kinds- WHY DO WE NEED LAWS? Secretary, DLSA, South 24-Pgns.

19. Secretary, DLSA, South 24-Pgns. • a. Public Law: Public law deals with matters that affect society as a whole. It includes areas of the law that are known as criminal, constitutional and administrative law. • b. Private Law: Private law, on the other hand, deals with the relationships between individuals in society and is used primarily to settle private disputes.

20. Secretary, DLSA, South 24-Pgns. WHERE DO OUR LAWS COME FROM?

21. Secretary, DLSA, South 24-Pgns. THE CONSTITUTION OF INDIA- AN OVERVIEW

22. Constitution is regarded as the supreme authority of all sources of the political, social and economic system of India. The Constitution of India which was adopted by the Constituent Assembly on 26th November 1949 and came into force on 26th January 1950. Some important characteristic features of Indian Constitution: 1) Longest written constitution : It is the longest written constitution in the world. In its original form, it consisted of 395 Articles and 8 Schedules to which additions have been made through subsequent amendments. 2) Partly Rigid and Partly Flexible : The Constitution of India is neither wholly rigid nor wholly flexible. It is partly rigid because some parts of the constitution is very complex or not possible to amend and partly flexible because majority portion of the Constitution can be amended very simply. Secretary, DLSA, South 24-Pgns.

23. Secretary, DLSA, South 24-Pgns. 3) Sovereign, Socialist, Secular, Democratic, Republic The Constitution declares India to be a Sovereign, Socialist, Secular, Democratic, Republic. Sovereign means absolutely independent; it is not under the control of any other state. Socialist implies a system which will endeavor to avoid concentration of wealth in a few hands and will assure its equitable distribution. Secular means there is no state religion in India. Every citizen is free to follow and practice the religion of his/her own choice. Democratic means that the power of the government is vested in the hands of the people. People exercise this power through their elected representatives. Republic means that the head of the State is not a hereditary monarch but a President who is indirectly elected by the people for a definite period.

24. Secretary, DLSA, South 24-Pgns. 4) Federalism with Parliamentary System of Government : The Constitution provides for division of power of the government between central and state government. The constitutional head of the Executive of the Union is the President but the main executive functions are vested with the council of ministers headed by the Prime- minister and this council of minister is jointly responsible to the parliament. 5) Directive Principles of State Policy : The Constitution of India embodies important principles like adequate means to livelihood, equal pay for men and women, etc. These principles are regarded fundamental in the governance of the country.

25. Secretary, DLSA, South 24-Pgns. 4) Federalism with Parliamentary System of Government : The Constitution provides for division of power of the government between central and state government. The constitutional head of the Executive of the Union is the President but the main executive functions are vested with the council of ministers headed by the Prime- minister and this council of minister is jointly responsible to the parliament. 5) Directive Principles of State Policy : The Constitution of India embodies important principles like adequate means to livelihood, equal pay for men and women, etc. These principles are regarded fundamental in the governance of the country.

26. Secretary, DLSA, South 24-Pgns. 6) An Independent Judiciary : The Constitution of India lays down the judicial superstructure and provisions relating to the administration of the judicial institutions and appointment, removal and salary of judges. 7) Single Citizenship : Although India adopts a federal system of government but recognizes only single citizenship.

27. Secretary, DLSA, South 24-Pgns. 8) Universal adult franchise : The constitution provides for Universal Adult Franchise. It means that every citizen who is 18 years of age or more is entitled to cast his/her vote. 9) Special provisions for scheduled castes and scheduled tribes : The Constitution provides for giving certain special concessions and privileges to the members of Schedule Castes and Schedule Tribes. 10) Emergency provisions - This is a significant unitary feature. During the time of emergency, presidential rule comes in and the Union Parliament acquires the power of making laws for the states too.

28. Secretary, DLSA, South 24-Pgns. THE GOVERNMENTS AND ITS ORGANS : According to the Constitution of India, the Indian federal structure is divided between the Union government and dominion of States. The Union Government comprises of the: a. The Union Legislature (Parliament) – to make laws b. Union Executive - to implement the law that are made or created by the legislature. c. Union Judiciary (Supreme Court) - to interpret the law created by legislature and also to pass judgment to the law offenders

29. Secretary, DLSA, South 24-Pgns. The State Government also comprises of: a. The State Legislature- to make laws b. State Executive - to implement the law that are made or created by the legislature. c. State Judiciary (High Court & Sub-ordinate Courts) - to interpret the law created by legislature and also to pass judgment to the law offender. The three arms of government work together yet each has its defined role and function. The power of each these functionaries is determined by the Constitution of India and this division ensures a check and balance between the working of these functionaries.

30. According to the constitutional scheme rights can be sub-divided into following categories: a. Fundamental Rights - Part III of the Constitution of India contains the fundamental rights. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These include rights such as equality before law, freedom of speech and expression, and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights. b. Constitutional Rights – Rights other than the fundamental rights given by the constitution are known as constitutional rights. E.g – right to vote and right to property. c. Statutory Rights - Statutes are the Acts passed by the parliament or state legislatures. They too give certain rights to citizens which are known as statutory rights, e.g.- the right to information act, the consumer protection act they all endow the citizens withdifferent rights. Rights of the Indian Citizen: Secretary, DLSA, South 24-Pgns.

31. Secretary, DLSA, South 24-Pgns. Duties of the Indian Citizen Constitution of India imposes certain duties which are considered as legal and moral obligations of all citizens to follow. This duties are considered to help promote a spirit of patriotism and to uphold the unity of India. These duties are set out in Part IV–A of the Constitution. They are: i. To abide by the Constitution and respect the National Flag and the National Anthem ii. To cherish and follow the noble ideals which inspired our national struggle for freedom iii. To uphold and protect the sovereignty, unity and integrity of India

32. Secretary, DLSA, South 24-Pgns. Cont..... iv. To defend the country and render national service when called upon to do so; v. To promote harmony and the spirit of common brotherhood amongst all people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women vi. To value and preserve the rich heritage of our composite culture vii To protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures viii. To develop the scientific temper, humanism and the spirit of inquiry and reform ix. To safeguard public property and to abjure violence.

33. Secretary, DLSA, South 24-Pgns. Cont...... x. To strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of Endeavour and achievement xi. To provide opportunities for education by the parent the guardian, to his child, or a ward between the age of 6-14 years.

34. INDIAN JUDICIAL ORGANIZATION: The Supreme Court of India a. Its decisions are binding on all courts b. Can transfer Judges of High Courts c. Can move from any courts to itself d. Can transfer cases from one High Court to another HIGH COURTS a. Can hear appeals from lower courts b. Can issue writs for restoring fundamental rights c. Can deal with cases within the jurisdiction of the state d. Exercises superintendence and control over the courts below it DISTRICT COURTS a. Deals with cases arising in the District b. Considers appeals on decisions given by lower courts c. Decides cases involving serious criminal offences SUBORDINATE COURTS Consider cases of civil and criminal nature Secretary, DLSA, South 24-Pgns.

35. Secretary, DLSA, South 24-Pgns. The Right to Information Act, 2005

36. Secretary, DLSA, South 24-Pgns. Objective behind this Act: (RTI Act 2005) : This law aims to establish a legal regime of securing effectively implementation of right to information citizens, provide a time-bound system for securing access to information from public authorities, promote transparency and accountability of public authorities and establish the Central & State Information Commissions for securing citizens’ right to information.

37. Secretary, DLSA, South 24-Pgns. What information can be obtained under this law:- Any material in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force including "file notings".

38. Secretary, DLSA, South 24-Pgns. What Rights are provided to citizen under the Right to Information act:- The law provides every citizen right : • to inspect works, documents, records • take notes, extracts or certified copies of documents or records • take certified samples of material • obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts

39. a. PIO, on receipt of a request, shall as expeditiously as possible, and in any case within 30 days of the receipt of the request. b. Where the information requested for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request. What is the time limit to get the information? Secretary, DLSA, South 24-Pgns.

40. Secretary, DLSA, South 24-Pgns. What information are not open to disclosure under the Right to Information Act? i. information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence ii. information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court; iii. information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;

41. Secretary, DLSA, South 24-Pgns. Cont... iv. information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information v. information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; vi. information received in confidence from foreign Government; Vii. information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;

42. Secretary, DLSA, South 24-Pgns. Cont...... viii. information which would impede the process of investigation or apprehension or prosecution of offenders; ix. cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers; x. information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual; xi. Notwithstanding any of the exemptions listed above, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

43. Secretary, DLSA, South 24-Pgns. Which Public Authorities are excluded from the application of Right to Information Act ? Central Intelligence and Security agencies specified in the Second Schedule e.g. IB, R&AW, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID).The exclusion, however, is not absolute.

44. Secretary, DLSA, South 24-Pgns. THE CONTRACT LABOUR ACT, 1970

45. An insight to the concept of ‘contract labour’ There can be two types of employment relationships. The first one is contract of service, in which the employer tells the employee what to do and how to do. Example- if I want a carpenter to build furniture for my house, I will not only tell him what all furniture to make, but all how to design it. Asking a carpenter to make a round sofa-set in dark mahogany wood would mean employing him for the same. The second one is the contract for service in which the employer only tells the employee what is to be done, and not how it is to be done. ‘Contract labour’ is related to the contract for service. When a principle employer enters into a ‘contract for service’ agreement with a contractor, the employees employed by such a contractor are known as the ‘Contract laborers’. Secretary, DLSA, South 24-Pgns.

46. Secretary, DLSA, South 24-Pgns. THE INDUSTRIAL DISPUTES ACT, 1947

47. The object of the Act as laid down in the Preamble of the Act is to make provision for the investigation and settlement of industrial disputes. The principal objects of the Act as analysed by the Supreme Court are: 1) The promotion of measures for securing amity and good relations between the employer and workmen; 2) An investigation and settlement of industrial disputes between employers and employers. employers and workmen or workmen and workmen with a right of representation by a registered Trade Union or federation of Trade Unions or Association of employees or a federation of association of employees; 3) The prevention of illegal strikes and lock-outs; 4) Relief to workmen in the matter of lay-off, retrenchment and closure of an undertaking; 5) Collective Bargaining What is the object of this legislation? Secretary, DLSA, South 24-Pgns.

48. The existence of the following elements constitute an industrial dispute: 1) A dispute or difference between a) employers and employers, or b) employers and workmen, or c) workmen and workmen; 2) The dispute should be connected with a) employment or non-employment, or b) terms of employment, or c) conditions of labour of any person 3) The dispute may be in relation to any workman or workmen or any other person in whom they are interested as a body. What is an ‘industrial dispute’? Secretary, DLSA, South 24-Pgns.

49. The authorities that use conciliation as the only method of settling disputes are the Works Committee, the Conciliation Officer and the Board of Conciliation. The Works Committee seeks to promote good relations between the employer and workmen by promoting measures of common interest. The Conciliation Officer is appointed to mediate and promote the settlement of industrial disputes. The Board of Conciliation is appointed to bring the two parties to the dispute together to settle their differences. The Labour Court, Tribunal and National Tribunal are adjudicating authorities that determine the disputes. What are the authorities and their respective functions under the Act? Secretary, DLSA, South 24-Pgns.

50. Strikes are not absolutely prohibited however, no person employed in public utility service shall go on strike in breach of contract – a) Without giving to the employer notice of strike within 6 weeks before striking; or b) Within 14 days of giving such notice; or c) Before the expiry of the date of strike specified in any such notice or aforesaid; or d) During the pendency of any conciliation proceeding before a Conciliation Officer and 7 days after the conclusion of such proceedings. Are strikes prohibited in the case of industries carrying out public utility service? Secretary, DLSA, South 24-Pgns.