Beruflich Dokumente
Kultur Dokumente
SECTOR: 9 D, CHANDIGARH
By:
Preeti Bansal
B.A. L.L.B. (Hons.)
7th semester
University Institute of Laws, Panjab University S.S.G. Regional Centre,
Hoshiarpur.
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DECLARATION
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STATE LEGAL SERVICE AUTHORITY
First, talking about the State Legal Service Authorities and looking at the
establishment, history, setup and dynamics of these authorizes which gave us the
prestigious opportunity to work with them while analyzing its working from the
inside.
There are twenty eight States and seven Union Territories comprising the Union
of India and each State and also each Union Territory has a separate Legal
Services Authority, constituted as such under the State Legal Services Authority
Act, 1987.
Chandigarh being one of the Union Territory of India the State Legal Services
Authority (hereinafter referred to as SLSA) was constituted under Legal Services
Authorities Act, 1987 which came into force i.e. 19th January 1998.
In order to achieve aims and objective of the Act and to settle the disputes
between the parties amicably and expeditiously, Permanent Lok Adalat was
established in the District Courts Complex, Chandigarh on 07.08.1998, which
happened to be first Permanent Lok Adalat in the country. Pursuant to
implementation of the Legal Services Authorities Act, 1987 (hereinafter referred
to as the "Act of 1987") with effect from 9.11.1995, the Administrator Union
Territory, Chandigarh in consultation with Hon´ble Chief Justice of Punjab and
Haryana High Court constituted the rules namely Chandigarh Legal Services
Authority Rules 1997 (hereinafter referred to as the "SLSA Rules of 1997") which
now govern the functioning of this Authority.
Currently, Hon´ble Mr. Justice Sanjay Kishan Kaul, Chief Justice of Punjab and
Haryana High Court, Chandigarh is its Patron-in-Chief and Hon´ble Justice
Hemant Gupta, Punjab and Haryana High Court is its Executive Chairman.
The linkage between Article 21 and the right to free legal aid was forged in the
decision in Hussainara Khatoon v. State of Bihar [AIR 1979 SC 1360] where the
court was appalled at the plight of thousands of under trials languishing in the
jails in Bihar for years without ever being represented by a lawyer or produced in
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a Court of Law. The court declared that "there can be no doubt that speedy trial,
and by speedy trial is an integral and essential part of the fundamental right to life
and liberty enshrined in Article 21." The court pointed out that Article 39-A
emphasized that free legal service was an inalienable element of 'reasonable, fair
and just' procedure and that the right to free legal services was implicit in the
guarantee of Article 21. In his inimitable style Justice Bhagwati declared: Legal
aid s really nothing else but equal justice in action. Legal aid is in fact the delivery
system of social justice. If free legal services are not provided to such an accused,
the trial itself may run the risk of being vitiated as contravening Article 21 and so
every State Government would try to avoid such a possible eventuality".
Justice Bhagwati observed; "Right to free legal aid, just, fair and reasonable
procedures is a fundamental right. It is elementary that the jeopardy to his
personal liberty arises as soon as the person is arrested and is produced before a
magistrate for it is at this stage that he gets the 1st opportunity to apply for bail
and obtain his release as also to resist remain to police or jail custody. This is the
stage at which an accused person needs competent legal advice and
representation. No procedure can be said to be just, fair and reasonable which
denies legal advice, representation to the accused at this stage. Thus, state is under
a constitutional obligation to provide free Legal Aid to the accused not only at
the stage of...... Every individual of the society are entitled as a matter of
prerogative."
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DAY 1
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DAY 2
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We checked their standards of living, measures taken for the children’s
education, etc. in the Snehalya premises.
In the evening we visited CCPCR and had an interactive session with
Madam Harjinder Kaur. She gave an overview of the working of the
commission.
She discussed it under the following heads-
Their jurisdiction and the ambit of the commission
Members- a Chairperson and 6 other members
The emergence of child rights in the International Convention 1989
Rights of the children – right to be heard, right to participate
POCSO Act.
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DAY 3
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Visit To Legal Aid Clinic In Government Senior Secondary School,
Sector 45
Later during the day, were taken to the Legal Aid Clinics of the State
Legal Services Authority. We were told why the Legal Aid Clinics
are positioned in such localities, i.e. because most of the violations
of basic rights of a person take place in such areas, so to spread
awareness about these issues and help the victims or grieved
persons.
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DAY 4
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DAY 5
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DAY 6
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DAY 7
Here also we met the officials of the Home and interacted with the women
inmates of the Old Age Home.
They told us about the various issues because of which they landed up in
the Home which were very sad to know.
Some of them were not having very good health and therefore they had the
facility of an in-house doctor also.
We asked them if there were any problems they would like to tell us about
which they were going through but the inmates seemed to be satisfied with
the way things are dealt by the officials at the Home.
In evening we went for the visit of the District Protection Child Society.
Here were given knowledge about the run-away couples and the minor girls
and children helpline number. The union territory of District Protection
provides protection these run away couples. And the minor girls are kept
there until they attain their maturity. Till now around 300 couples were
given shelter.
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DAY 8
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NARI NIKETAN
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DAY 9
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DAY 10
Place of Reporting 1: State Legal Services Authority, Sector 9, Chandigarh
Place of Reporting 2: Aashiyana, Sector 15
Date: July 12, 2017
WOMEN CELL
The SHO was Mrs Reema Yadav.
We were given a tour of the premises which consisted- ANTI human
Trafficking cell, different cabins of ASIs and SIs.
We were made to interact with Mrs Reema Yadav and she told us that the
main area of expertise is Matrimonial disputes and their first step is
counselling.
If the parties don’t settle, then their case is filed.
The cell, in this regard, has an 80% disposal rate. Anyone can file a case
but the supporting evidence of the victim is necessary.
Any rape case in the Union Territory is also reported to the women cell and
the women cell helps the victim in getting her rights through SLSA.
Aashiyana, Sector 15
All the girls we went to Aashiyana where the girls from age 1 to 18 were
living. Most of them were orphans and some were left by their parents who
couldn’t take care of them.
We interacted with them and introduced ourselves to them, played games
with them and some girls presented dance to us which was taught to them
by their dance teacher. We too danced with them. It was a most brilliant
experience and full of satisfaction that we can bring smile on their faces.
At last we gave them candy and chocolate which made them happier.
It was great to see them happy and much strong to deal with the situation
they had in their life which is a good lesson to everyone “that life is not
meant to count sorrows rather it is meant to celebrate happiness”.
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DAY 11
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DAY 12
Place of Reporting: National Lok Adalat, District Court Complex, Sector 43,
Chandigarh
Date: July 14, 2018
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DAY 13
We learned that more than 250 Rehabilitation professionals has been trained
and working in various government, semi govt., NGO and Private Sectors for
the welfare of children with special needs. The professionals were of the
opinion that screening a pregnant mother is vital especially if she’s had a
previous baby with Dysmorphic features, metabolic disorder or a defined
genetic syndrome.
We learned that the main aims and objectives of the institution were:
Comprehensive training and education to 1000 children with special
needs
Empowerment of parents and guardians of Chilren with special need.
Genetics screening & counselling for prevention of disability
Vocational Training, Job Placement & Social Integration in sheltered
employment
Implementation of provision of persons with disability act (1995) & NTA
(1999)
To Carry out research in the area of mental retardation for early detection
and prevention of disability
To create Infrastructrure for human resource development in the area of
intellectual disability
Rehabiliation clinic & Theraupetic intervention at OPD level of children
with intellectual disability, autism, cerebral palsy, multiple disabilities
To set up resource center for providing day to day technical support to
regular school having special section for the children with special needs
Finally, the message that we should always remember that “Every Child Has the
Potential to Do Better”, we need to discover the hidden potential and support it
was clear and inspirational.
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A WARM AND SINCERE NOTE OF
THANKS TO
STATE LEGAL SERVICES
AUTHORITY, CHANDIGARH
Overall it was a brilliant experience to work with state legal services authority,
Chandigarh. I want to thank each and everyone in the internship for being so co-
operative and kind. These 13 days were full of knowledge and interest. And this
will remain an overwhelming experience for life.
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