Date : 7 th June 2017 Wednesday My first impression to the District legal services authority was very good. I reached the District legal services Authority , Durg (CG) at sharp 10:30 AM. I was really very excited excited for the internship and finally the day came. I met new friends who came from various law colleges for the internship. It was very nice interaction session with them and they are very friendly in nature. After sometime we were called by Mr. Digvijay Singh Sir (Secretary DLSA Durg CG) he introduced himself and after him we did the same. His way of interacting with students is very good. He guided us the basic things about the legal services Authority. Legal Services Authorities are statutory bodies constituted in the states of India by the Legal Services Authorities Act 1987, 1987, as enshrined by article 39-A of the Constitution of India, India, for providing free legal services for the citizens. These authorities give free legal aid to a person if he/she is not capable of bearing the expenditure. This includes appointing a lawyer in case the person is a defendant in a case. These authorities periodically organize 'Lok Adalats' (Hindi for People's Court) for out-of-the-court settlement of the cases (under provision of the law). Hierarchy of Bodies created under the Act National Legal Services Authority (NLSA) is the apex body constituted to lay down policies and principles for making legal services available under the provisions of the Act and to frame most effective and economical schemes for legal services. It also disburses funds and grants to State Legal Services Authorities and NGOs for implementing legal aid schemes and programmes. In every State a State Legal Services Authority is constituted to give effect to the policies and directions of the Central Authority (NALSA) and to give legal services to the people and conduct Lok Adalats in the State. State Legal Services Authority is headed by the Chief Justice of the State High Court who is its Patron-in-Chief. District Legal Services Authority is constituted in every District to implement Legal Aid Programmes and Schemes in the District. The District Judge of the District is its ex- officio Chairman. Taluk Legal Services Committees are also also constituted for each of the Taluk or Mandal to coordinate the activities of legal services in the Taluk and to organise Lok Adalats. Every Taluk Legal Services Committee is headed by a senior Civil Judge operating within the jurisdiction of the Committee who is its ex-officio Chairman. Sir told us about our schedule and tasks which we were supposed to complete within 15 days in DLSA. (Juvenile justice board, Central jail, old age home, NGO, District court, session of lok adalat etc).
Date : 8 th June 2017 Thursday Today we went to Juvenile Justice Board , Durg. We were very excited to interact with children of JJB. Firstly we were guided by the magistrate about the basic knowledge of the JJB which is basically for the minor children who commit crime. It is a sole authority to deal with matters concerning children in conflict with law. A JJB has to b constituted for each district or group of d istricts. This is generally an attempt to bring change in the children who are there in JJB. Juveniles accused of a crime or detained for a crime are brought before the JJB under the Juvenile Justice (Care and Protection of Children) Act 2000 (amended in 2006). Under this act and provisions of the Criminal Code Procedure children are not to be taken to a regular criminal court. The purpose of a separate court is that its purpose is socio-legal rehabilitation and reformation not punishment. The aim is to hold a child culpable for their criminal activity, not through punishment, but counselling the child to understand their actions and persuade them away from criminal activities in the future. The JJB consists of a metropolitan magistrate or a judicial magistrate of the first class and two social workers, at least one of whom should be a woman. When a child has been found guilty of a crime the social workers are vital to deciding the best course of action for the rehabilitation of that child. Till the enquiry is pending the child is kept in the observation home (Children below 16 yrs) , unless otherwise released as per the law. On co nviction the child is sent to the special home or place of safety (children between 16 – 18 yrs). Maximum 3years of punishment are given according to the JJB Act. The children are provided all the basic needs in JJB like food, shelter, cloth, education , medical facilities etc. There parents are allowed to meet their children only for 5 min on Monday and Friday. Vocational training of computer are also conducted for them and certificate is also given to them after completion of of the case. I personally met many children and came to know that they were very well treated there like a child of a home the set up of the environment is friendly and are also motivated by the staff over there. Some children really accepts that they have committed crime and they even feel guilt for themselves and in future they don’t want to repeat rather they want to be a successful person in their life. I suggested them after leaving JJB they should focus on their study and then try to get a safe and a good workplace for them to take care of themselves and their family and the most important thing they should avoid the unwanted friends from their life they should pre fer good friends who don’t hamper their life. As most of them were there who came JJB due to their friends who committed crime and those who didn’t they are also detained due to conviction.
Date : 9th June 2017 Friday Today we went to Vridhashram “home of old age people” which is located near Pulgaon chowk, Durg. We went there at sharp 11 AM after reaching there I saw the environment of old alge home. I found peace there. Then we went inside and we met old ladies. In old age home the male and female have been allotted separate blocks for residing also the doctors come there for the medical or health issues. There are 2 blocks of male and female each. Firstly we introduced ourselves to them and become like friends after addressing our group we attracted them to ourselves and after that we started talking with them some of them were really very sweet and innocent. We played games with them. Some women were interested in singing we asked them to sing song for us and even clicked pictures with them which really changes their mood.
After this they shared their experience and some didn’t wanted to recall those memory so we didn’t force them to tell us because we didn’t wanted to spoil their mood. The main reason behind living in a old age home was some did n’t have home to reside , some people don’t want to keep their needy parents with them or they live outside far away, some don’t have children some son have son but have daughters and with daughters they cant live permanently so they live in Vridhashram.
Some people come to meet them in old age home to them and some relatives don’t. They are being provided 3 timing food , medical facility, library, dining hall where they gather all together for lunch and dinner, beding facilities , television is there in in each block for entertainment. They celebrate all the festivals all together and try to cherish the moment with each other.
Date : 12th June 2017 Monday
Mediation is an effective way of resolving disputes without the need to go to court. It involves an independent third party - a mediator - who helps both sides come to an agreement. Mediation is a flexible process that can be used to settle disputes in a whole range of situations such as:
consumer disputes contract disputes family disputes neighbourhood disputes
The role of the mediator is to help parties reach a solution to their problem and to arrive at an outcome that both parties are happy to accept. Mediators avoid taking sides, making judgements or giving guidance. They are simply responsible for developing effective communications and building consensus between the parties. The focus of a mediation meeting is to reach a common sense settlement agreeable to both parties in a c ase. Mediation is a voluntary process and will only tak e place if both parties agree. It is a confidential process where the terms of discussion are not disclosed to any party outside the mediation hearing. If parties are unable to reach agreement, the y can still go to court. Details about what went on at the mediation will not be disclosed or used at a court hearing. Both parties share the cost of mediation, which will depend on the value and complexity of the claim. LOK ADALAT
A Lok Adalat is an informal Court proceedings w here issues between the parties are adjudicated amicably through settlement. There are no dates/hearing, and the matter is resolved in one go. The decision/settlement arrived at the Lok Adalat is legally binding, and cannot be challenged/appealed. It is organized after every few months. It is completely volunta ry, and the parties can file an application before the Court showcasing their intent to resolve their matter through a Lok Adalat.
Date : 13th June 2017
Tuesday Today we went to the central jail Durg. There were so many people outside who came to meet and talk to their near ones. Those who want to meet the people who are in jail for that they have to get a slip and get registered then they are allowed to meet for 10 min.Then we went inside and met Mr.Yogesh Singh Chatri (Jail Supretendent) he told us about the jail system. He also told us about the para legal volunteer and about their working. In central jail Durg there is capacity of 5000 prisoners and the total no. of prisoners is 1949 in which 150 are women. Then we went to the female section there we saw the living environment of those and we interacted with women and asked about the activities they do whole day. They do wake up early in the morning and do yoga after that they get fresh and do the worship and then go for breakfast at 8 am and then do their work like stiching, embroidery, computer class etc, 11 am they go for having lunch and then back to their barracks and take rest. We met para legel volunteer who work really hard and works as a supporter there. There were 6 children also for there mothers and the department also take care of those children they provide them all basic needs food, education , clothing etc
Date : 14th June 2017
Wednesday It is the sole authority to deal with matters concerning children in need of care and protection. A Committee has to be constituted for each district or group of districts, and consists of a chairperson and 4 other persons one of whom at least should be a woman. The committee has the final authority to dispose of cases for the care, protection, treatment, development and rehabilitation of the children as well as to provide for their basic needs and human rights. A child rescued from hazardous occupation, brothel, abusive family or oth er such exploitative situation must be produced before the CWC who will conduct an inquiry to ensure optimum rehabilitation with minimal damage to the child. Children in need of care and protection are sent directly to the children’s home by the Child Welfare Committee that passes necessary orders for their rehabilitation, restoration and social re-integration.