INDEX
| S.No. | | Page No. |
| | | |
| 1 | Acknowledgement | -1- |
| 2 | Introduction | -2- |
| 3 | Public Interest Litigation and Judiciary | -3 and 4- |
| 4 | Objectives, Nature and Constitutional Backings of the PIL | -5- |
| 5 | Issues Related to PIL | -6- |
| 6 | Concept of Legal Aid | -7 and 8- |
| 7 | Public Interest Litigation and Legal Aid | -9 to 12- |
| 8 | | -13 to 17- |
Acknowledgement
Avarice is disgrace; cowardice is a defect; poverty often disables an intelligent man from arguing his case; a poor man is a stranger in his own town; misfortune and helplessness are calamities; patience is a kind of bravery; to sever attachments with the wicked world is the greatest wealth; piety is the best weapon of defence.
--Imam Ali (as)—
I, Haider Ajaz is much grateful to Google and Other Legal URLs which provides me with the material and case laws for my Project
“PUBLIC INTEREST LITIGATION AND LEGAL AID CUM
I am very thankful to the author of the book Constitutional Law of India- Dr. J.N. Pandey for his theoretical guidance.
Last but not the least I thanks the following website owners for there incredible material on Law.
5- www.haiderajaz.blogspot.com
INTRODUCTION
"Public interest Litigation", in simple words, means, litigation filed in a court of law, for the protection of "Public Interest", such as pollution, Terrorism, Road safety, constructional hazards etc.
PUBLIC INTEREST LITIGATION is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of public at large. Although, the main and only focus of such litigation is only "Public Interest" there are various areas where a PUBLIC INTEREST LITIGATION can be filed.
In Indian law, means litigation for the protection of public interest. It is litigation introduced in a court of law, not by the aggrieved party but by the court itself or by any other private party. It is not necessary, for the exercise of the court's jurisdiction, that the person who is the victim of the violation of his or her right should personally approach the court. Public Interest Litigation is the power given to the public by courts through judicial activism.
Such cases may occur when the victim does not have the necessary resources to commence litigation or his freedom to move court has been suppressed or encroached upon. The court can itself take cognizance of the matter and precede suo motu or cases can commence on the petition of any public-spirited individual.
Public Interest Litigation's explicit purpose is to alienate the suffering off all those who have borne the brunt of insensitive treatment at the hands of fellow human being. Transparency in public life & fair judicial action are the right answer to check increasing menace of violation of legal rights. Traditional rule was that the right to move the Supreme Court is only available to those whose fundamental rights are infringed.
But this traditional rule was considerably relaxed by the Supreme Court in its recent rulings:
Public Interest Litigation and Judiciary
Peoples Union for Democratic Rights v. Union of
(A.I.R. 1982, SC 1473).
The court now permits Public Interest Litigation or Social Interest Litigation at the instance of “Public spirited citizens" for the enforcement of constitutional & legal rights of any person or group of persons who because of their socially or economically disadvantaged position are unable to approach court for relief. Public interest litigation is a part of the process of participate justice and standing in civil litigation of that pattern must have liberal reception at the judicial door steps.
In the Judges Transfer Case
(AIR 1982, SC 149):
Court held Public Interest Litigation can be filed by any member of public having sufficient interest for public injury arising from violation of legal rights so as to get judicial redress. This is absolutely necessary for maintaining Rule of law and accelerating the balance between law and justice.
It is a settled law that when a person approaches the court of equity in exercise of extraordinary jurisdiction, he should approach the court not only with clean hands but with clean mind, heart and with clean objectives.
Shiram Food & Fertilizer case
(AIR 1986, 2 SCC 176)
SC through Public Interest Litigation directed the Co. Manufacturing hazardous & lethal chemical and gases posing danger to life and health of workmen & to take all necessary safety measures before re-opening the plant.
In the case of M.C Mehta V. Union of India
(AIR 1988, 1 SCC 471)
In Public Interest Litigation brought against Ganga water pollution so as to prevent any further pollution of
Parmanand Katara V. Union of
(AIR 1989, SC 2039)
Supreme Court held in the Public Interest Litigation filed by a human right activist fighting for general public interest that it is a paramount obligation of every member of medical profession to give medical aid to every injured citizen as soon as possible without waiting for any procedural formalities.
OBJECTIVES OF PIL
According to Justice V.R. Krishna Iyer, PIL is a process, of obtaining justice for the people, of voicing people's grievances through the legal process. The aim of PIL
is to give to the common people of this country access to the courts to obtain legal redress.
NATURE OF PIL
According to Justice Bhagwati "PIL is not in the nature of adversary litigation but it is a challenge and an opportunity to the Government and its officers to make basic human rights meaningful to the deprived and vulnerable sections of the community and to assure them social and economic justice which is the significant tune of our Constitution. The government and its officers must welcome PIL because it would provide them an accession to examine whether the poor and the downtrodden are getting their social and entitlements or whether they are continuing to remain victims of deception and exploitation at the hands of strong and powerful sections of the community... when the court entertains PIL, it does not do so in a cavilling spirit or in a confrontational mood or with a view to tilting at executive authority or seeking to usurp it, but its attempt is only to ensure observance of social and economic rescue programmes, legislative as well as executive, framed for the benefit of the have-nots and the handicapped and to protect them against violation of their basic human rights, which is also the constitutional obligation of the executive. The court is thus merely assisting in the realization of the constitutional objective," (AIR 1984 SC 802)
CONSTITUTIONAL BACKING
The new and liberal interpretation of the fundamental rights found in Part III and the Directive Principles of State Policy in Part IV of the Constitution of India. They are drawn from the revolutionary documents like the American Bill of Rights and the Universal Declaration of Human Rights.
Articles 32 and 228 of the Constitution that give power to any citizen to move the
Supreme Court or High Courts wherever there is an infringement of a fundamental right?
.
ISSUES RELATED TO PIL
1. Basic amenities such as roads, water, medicines, electricity, primary school, primary health centre, bus service, etc,
2. Rehabilitation of displaced persons.
3. Identification and rehabilitation of bonded and child labourers.
4. Illegal detention of arrested persons.
5. Torture of persons in police custody.
6, Custodial deaths.
7, Protection of prisoner's rights.
8. Jail reform.
9. Speedy trials of under trials.
10. Ragging in colleges.
11. Atrocities by police.
12. Atrocities against SCs/STs.
13. Neglect of inmates of government welfare homes,
14. Children in custody.
15. Adoption of children.
18, Corruption charges against public servants.
17. Maintenance of law and order,
18. Payment of minimum wages.
10. Legal aid to the poor.
20. Starvation deaths.
21. Indecent television programmes.
22. Prohibition.
23. Environmental pollution.
24. Unauthorised eviction,
25. Protection of pavement and slum dwellers.
28. Dowry deaths.
27. Implementation of welfare laws.
28. Reform of illegal social customs such as sati, child marriage, devdasi system, etc.
29. Violation of fundamental rights of the weaker sections.
Concept of Legal Aid
AN INTRODUCTION
The concept of legal aid in the form of Article 39A into our constitutional framework. Hence, legal aid is not a charity or bounty, but is a constitutional obligation of the state and right of the citizens. The problems of human law and justice, guided by the constitutional goals to the solution of disparities, agonies, despairs, and handicaps of the weaker, yet larger brackets of Bharat’s humanity is the prime object of the dogma of “equal justice for all”. Thus, legal aid strives to ensure that the constitutional pledge is fulfilled in its letter and spirit and equal justice is made available to the downtrodden and weaker sections of the society.
Justice Krishna Iyer regards it as a catalyst which would enable the aggrieved masses to re-assert state responsibility, whereas Justice P.N. Bhagwati simply calls it “equal justice in action”. But, again the constitution not being a mystic parchment but a Pragmatic package of mandates, we have to decode its articles in the context of Indian life’s tearful realities and it is here when the judiciary has to take center stage. The judicature, which by its creative interpretations has given an encyclopedic meaning to the concept of legal aid.
Time and again it has been reiterated by our courts that legal aid may be treated as a part of right created under Article 21 and also under Article 14 and Article 22(1) [Hussainara v. Home Secretary, State of
. The apex court has held access to justice as a human right.[ Tashi Delek Gaming Solutions v. State of
HISTORY OF LEGAL AID IN
The earliest Legal Aid movement appears to be of the year 1851 when some enactment was introduced in
Legal Aid Schemes were floated through Legal Aid Boards, Societies and Law Departments in various States in the Country. In 1980, a National Committee was constituted, under the Chairmanship of Honorable. Mr. Justice P.N. Bhagwati then a Judge of the Supreme Court of India to oversee and supervise legal aid programs throughout the country. This Committee came to be known as CILAS (Committee for Implementing Legal Aid Schemes) and started monitoring legal aid activities throughout the country. The introduction of Lok Adalats added a new chapter to the Justice Dispensation System of this country and succeeded in providing a supplementary forum to the litigants for conciliatory settlement of their disputes. The year 1987, proved to be very significant in Legal Aid history, as the “Legal Services Authorities Act” was enacted to give a statutory base to legal aid programs throughout the country and bring about a uniform pattern. This Act was finally enforced on 9th of November, 1995 after certain amendments were introduced therein by the Amendment Act of 1994. Honorable Mr. Justice R.N. Mishra the then Chief Justice of
LEGAL AID MOVEMENT
"Legal Aid scheme was first introduced by Justice P.N. Bhagwati under the Legal Aid Committee formed in 1971. According to him, the legal aid means providing an arrangement in the society so that the missionary of administration of justice becomes easily accessible and is not out of reach of those who have to resort to it for enforcement of its given to them by law" the poor and illiterate should be able to approach the courts and their ignorance and poverty should not be an impediment in the way of their obtaining justice from the courts. Legal aid should be available to the poor and illiterate. Legal aid as defined, deals with legal aid to poor, illiterate, who don't have access to courts. One need not be a litigant to seek aid by means of legal aid. Legal aid is available to anybody on the road.
Article 39A of the Constitution of India provides that 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 disability. Articles 14 and 22(1) also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on a basis of equal opportunity to all. Legal aid strives to ensure that constitutional pledge is fulfilled in
its letter and spirit and equal justice is made available to the poor, downtrodden and weaker sections of the society.
PIL AND LEGAL AID
State V. Union Of
(AIR 1996, Cal 181 at 218)
Public Interest Litigation is a strategic arm of the legal aid movement which intended to bring justice. Rule of Law does not mean that the Protection of the law must be available only to a fortunate few or that the law should be allowed to be abused and misused by the vested interest. In a recent ruling of Supreme Court on " GROWTH OF SLUMS" in Delhi through Public Interest Litigation initiated by lawyers Mr. B.L. Wadhera & Mr. Almitra Patel Court held that large area of public land is covered by the people living in slum area . Departments despite being giving a dig on the slum clearance, it has been found that more and more slums are coming into existence. Instead of "Slum Clearance", there is "Slum Creation" in
Public Interest Litigation has proved a boon for the common men. Public Interest Litigation has set right a number of wrongs committed by an individual or by society. By relaxing the scope of Public Interest Litigation, Court has brought legal aid at the doorsteps of the teeming millions of Indians; which the executive has not been able to do despite a lot of money is being spent on new legal aid schemes operating at the central and state level.
Article 39A of the Constitution of
In M.H. Hoskot v. State of
(AIR 1978, 3 SCC 81)
The Hon’ble court declared that "If a prisoner sentenced to imprisonment is virtually unable to exercise his constitutional and statutory right of appeal inclusive of special leave to appeal (to the Supreme Court) for want of legal assistance, there is implicit in the Court under Article 142 read with Articles 21 and 39-A of the Constitution, power to assign counsel for such imprisoned individual 'for doing complete justice".
In Khatri & Others v.
(AIR 1981 SC 262)
Bhagmati J. observed;
"Right to free legal aid, just, fail 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 and 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 to aid to the accused not only at the stage of...... Every individual of the society are entitled as a matter of prerogative."
In Indira Gandhi v. Raj Narain
(AIR 1977 SC 69)
"Rule Of Law is basic structure of constitution of
In State of
(AIR 1995, 5 SCC 730)
The court widened the scope of the right to free legal aid. The right to free legal aid is guranteed fundamental right under Art 21 and 39A provdes “equal justice” and “free legal aid”.
In Suk Das v. UT of Arunnachal Pradesh
(AIR (1986) 25 SCC 401)
Justice P.N. Bhagwati, while referring to the decision of Hossainara Khatun’s case and some other cases had made the following observations in paragraph 6 of the said judgment:-
“Now it is common knowledge that about 70% of the people living in rural areas are illiterate and even more than that percentage of the people are not aware of the rights conferred upon them by law. Even literate people do not know what are their rights and entitlements under the law. It is this absence of legal awareness which is responsible for the deception, exploitation and deprivation of rights and benefits from which the poor suffer in this land. Their legal needs always stand to become crisis oriented because their ignorance prevents them from anticipating legal troubles and approaching a lawyer for consultation and advice in time and their poverty because magnifies the impact of the legal troubles and difficulties when they come. Moreover, of their ignorance and illiteracy, they cannot become self-reliant; they cannot even help themselves. The Law ceases to be their protector because they do not know that they are entitled to the protection of the law and they can avail of the legal service programs for putting an end to their exploitation and winning their rights. The result is that poverty becomes with them a condition of total helplessness. This miserable condition in which the poor find themselves can be alleviated to some extent by creating legal awareness amongst the poor. That is why it has always been recognized as one of the principal items of the program of the legal aid movement in the country to promote legal literacy. It would be in these circumstances made a mockery of legal aid if it were to be left to a poor, ignorant and illiterate accused to ask for free legal service, legal aid would become merely a paper promise and it would fail of its purpose.”
Khatri v. State of
AIR 1981 S.C. at page 926
Justice P.N. Bhagwati while referring to the Supreme Court’s mandate in the aforesaid Hossainara Khatun’s case, made the following comments, in paragraph 4 of the said judgment:
“It is unfortunate that though this Court declared the right to legal aid as a fundamental right of an accused person by a process of judicial construction of Article 21, most of the States in the country have not taken note of this decision and provided free legal services to a person accused of an offence. The State is under a constitutional mandate to provide free legal aid to an accused person who is unable to secure legal services on account of indigence, and whatever is necessary for this purpose has to be done by the State. The State may have its financial constraints and its priorities in expenditure but the law does not permit any Government to deprive its priorities in expenditure but the law does not permit any Government to deprive its citizens of constitutional rights on the plea of poverty.”
Conclusion
The focus of Legal Aid is on distributive justice, effective implementation of welfare benefits and elimination of social and structural discrimination against the poor. It works in accordance with the Legal Services Authorities Act, 1987 which act as the guideline of the rendering of free justice.
It will be interesting to know the special problems of the rural poor and the urban poor separately and also to find how they compare with the legal problems of the non-poor living in rural and urban
Except sketchy impressionistic references in the reports of the various legal aid committees, there has been a very little attention given to the analysis of the legal problems of the poor at the academic, official or professional level.
The discomfort of the bureaucracy arising out of the policing role of legal aid is understandable. In a Welfare State, the Government cannot be made available for litigation against itself to vindicate the legal rights of the poor. The criticism that legal aid litigation, aims at law reform thereby making the judiciary usurps the functions of the legislature is illogical and does not carry conviction in common law jurisprudence.
PARALEGAL SERVICES
Paralegals are legal assistants who spend most of their time helping to manage the massive paperwork generated by legal proceedings. Paralegals file, sort, index, photocopy, and draft legal documents. They may also hold hearings and interview witnesses.
First you should know that a paralegal cannot give you any legal advice. For that you'll need an attorney. But if you're looking to find someone to start or complete legal forms or do legal research and much more, then your most cost effective alternative would be to hire a paralegal.
A paralegals job is a combination of bookwork, secretary, accountant, data entry, transcriber, investigative reporter and writer! They gather up all the information, receipts, paperwork and so on for each case and fill out the required legal forms with the correct information.
Moreover, they are also not allowed to represent their clients in court. Filing a petition without the correct knowledge is not advisable, neither is responding to a court summon without a representative. Efforts have been made to stop the operation of these less knowledgeable paralegal, but this is yet to come to fruition.
Few types of online legal services take care of the documents that are involved in divorce. Based on the state and its divorce laws, divorce online processes can vary. Divorce laws have changed over the years by appearing more relaxed, which allow online divorce options to be greater.
A student with a Bachelor's degree as a paralegal working in a large city or for the federal government can expect to earn as much as sixty thousand dollars a year. This is over half the income that the average American makes, and is above average.
On the other hand, the idea of employing paralegals arose in the late 1960's because of the lawyers and law firms' needs to make such improvements in rendering legal services to their clients. Another reason of their emergence was the increase in public awareness on their civil rights, which resulted to sudden multiplication on their legal workloads.
The online paralegal studies can help the students in acquiring expertise that can be assisted by attorneys in virtual mode. All types of legal works provided by the virtual attorneys are linked with closings, hearings, corporate meetings as well as trials.
If you want to get a sense of entry-level paralegal job then you may also prefer to work part time as a paralegal. This way you are not pressured to do so throughout the day paralegal. However, a paralegal profession should not be a technical way.
Some choose to use these divorce paralegal services in cases of uncontested divorce, although the minute a divorce becomes contested, they may feel lost and end up hiring an attorney anyways.
The most important skill sets that a paralegal or legal assistant will employ are good reading comprehension and writing abilities. The majority of a paralegal's work involves reading and writing, and some legal documents or court briefs can contain fairly complex language and concepts.
Free Legal Services
The Free Legal Services include:
- Payment of court fee, process fees and all other charges payable or incurred in connection with any legal proceedings;
- Providing Advocate in legal proceedings;
- Obtaining and supply of certified copies of orders and other documents in legal proceedings;
- Preparation of appeal, paper book including printing and translation of documents in legal proceedings.
Eligible persons for getting free legal services include:
- Women and children;
- Members of SC/ST;
- Industrial workmen;
- Victims of mass disaster; violence, flood, drought, earthquake, industrial disaster;
- Disabled persons;
- Persons in custody;
- Persons whose annual income does not exceed Rs. 50,000/-
- Victims of Trafficking in Human beings.
Legal Literacy Programme
NALSA has formulated a strategy to provide basic and essential knowledge to the vulnerable groups so that they can understand the law and know the scope of their rights under the law and eventually assert their rights as a means to take action, uplift their social status and being in social change.
NALSA has been organizing the Legal Aid Camps through State Legal Services Authorities, Taluka Legal Services Committees, NGOs. etc. in the rural area and slum areas for educating the weaker sections as to their rights and for encouraging them to settle their disputes through ADR Mechanism. The people are educated/made aware of their rights, benefits and privileges guaranteed by social welfare legislations, administration programmes and measures etc.
The NALSA has been organizing meetings, seminars and workshops connected with legal services programmes in different parts of the country. The NALSA has developed audio visual spots and publicity material to make the common man aware of the various aspects of the legal services programmes. Documentary films have also been prepared and are being screened in the different parts of the country through Directorate of Field Publicity, Government of India.
Legal Awareness Programme
- Continuation of Micro Legal Literacy Projects in all States.
- Continuation of the NALSA awareness programmes and Lok Adalats relating to NERGA matters.
- State Legal Awareness Programmes in the States on the following laws :
- Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
- Gram Nyayalaya Act.
- Protection of Women From Domestic Violence Act, 2005.
- Persons with Disabilities (Equal Protection of Rights and Full Participation) Act.
- National Trust Act.
- Laws relating to Marriage.
- Labour Laws.
- Environmental Protection Laws.
- Consumer Protection Laws.
- Campaign against Female Infanticide.
- Campaign against Human Trafficking.
- Cooperation with National Commission for Women at the Centre and associating the activities of State Legal Services Authorities with the State Women's Commissions.
- Conduct awareness programmes and seminars with the involvement of National Women's Commission, Ministry of Social Welfare, Ministry of Child Welfare and Development and Ministry of Rural Development.
Para-legal Volunteer Scheme:
It is a scheme for building up a group of volunteers from among the rural people to act as intermediates between the common people and legal services institutions at Central, State, District and Taluka levels.
Lok Adalats
Widening the network of Lok Adalat to Government Departments, Petitions pending before Women's Commissions, various Tribunals, Labour Courts, Industrial Tribunal and Tax Tribunals etc., setting-up Special Lok Adalats in all Family Courts.
Legal Aid Clinics
- Establishing Legal Aid Clinics in all Gram Panchayats (similar to primary health centres) by engaging competent lawyers as legal consultants in the clinics. Give wide publicity about the clinics with the help of local Self-Government Institutions.
- Setting-up Legal Aid Clinics in all law colleges and law universities and to encourage students to adopt remote village areas as their area of operation. For this purpose, the following strategies may be adopted:
- The students may be divided into small groups and deputed to the adopted villages.
- In urban areas, colonies and slum areas where economically and socially backward people reside may be chosen for setting up Legal Aid Clinics.
- Law Students should be guided by a team of senior Professors/Lecturers including part-time Lecturers. Rapport between the students and the people of the adopted area should be maintained throughout the year.
- Law Students shall identify the problems which require Legal Aid. They shall discuss the problem with the teacher-in-charge and if it warrants further free legal services, the matter should be brought before the Legal Services Authorities/Committees concerned.
- The students shall be encouraged to organize legal awareness classes for small groups of people (4 or 5 houses together or 10 to 12 people). It should be more in the form of informal gatherings.
- The students should aim at preventive and strategic legal aid.
- In appropriate cases, senior students and postgraduate students who have already enrolled as lawyers may be entrusted with the filing and conducting of the litigation in the Courts free of cost.
- No fee shall be collected from the beneficiaries of legal aid clinic.
[The Judiciary
So far as dispensing of justice is concerned, you have to be very careful in selecting officers for the same. You must select people of excellent character and high caliber and with meritorious records. They must possess the following qualifications: Abundance of litigations and complexity of cases should not make them lose their temper.
When they realize that they have committed a mistake in judgment they should not insist on it by trying to justify it. When truth is made clear to them or when the right path opens up before them, they should not consider it below their dignity to correct the mistake made or to undo the wrong done by them. They should not be corrupt, covetous or greedy. They should not be satisfied with ordinary enquiry or scrutiny of a case, but should scrupulously go through all the pros and cons, they must examine every aspect of the problem carefully, and whenever and wherever they find doubtful and ambiguous points, they must stop, go through further details, clear the points, and only then proceed with their decisions. They must attach the greatest importance to reasoning, arguments and proofs. They should not get tired of lengthy discussions and arguments. They must exhibit patience and perseverance in scanning the details, in testing the points presented as true, in sifting facts from fiction and when truth is revealed to them they must pass their judgments without fear, favour or prejudice.
They should not develop vanity and conceit when compliments and praises are showered upon them. They should not be mislead by flattery and cajolery. But unfortunately they are few persons having such characteristics. After you have selected such men to act as your judges, make it a point to go through some of their judgments and to check their proceedings. Pay them handsomely so that their needs are fully satisfied and they are not required to beg or borrow or resort to corruption. Give them such a prestige and position in your State that none of your courtiers or officers can overlord them or bring harm to them. Let judiciary be above every kind of executive pressure or influence, above fear or favour, intrigue or corruption. Take every particular care of this aspect because before your appointment this State was under the sway of corrupt, time-serving and wealth-grasping opportunists who were lewd, greedy and vicious and who wanted nothing out of a State but a sinful consent of amassing wealth and pleasures for themselves.
“From Nehjul Balagha written by Imam Ali (as)”]
--
Haider Ajaz
(I am Sharing it on an internet because I aimed in helping my friends on this topic)
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