Research Report

on
Right to Free Legal aid and Legal Aid Functionaries under the

Legal Services Authority Act, 1987.

Submitted by-
Mitali Vani
4th Year, B.A. LL.B. (Hons.)
Institute of Law, Nirma University

1
 Table of Content
Sr. No. Topic Page
no.
1. Statement 3
2. Hypothesis 4
3. Cases: Right to Legal Aid 5
4. Cases: Legal Aid Functionaries 13
5. Cases: Role of NGOs 21
6. Cases: Lok Adalats and Permanent Lok Adalats 28
7. Conclusion 42
8. References 46

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 STATEMENT:

The right to free legal aid is one of the basic fundamental rights that have been guaranteed to
every citizen under the constitution of India. But this right has come into existence and
implementation only by the virtue of judicial decisions in various cases. The principle of free
legal aid has been laid down in accordance with the principle of natural justice that perpetuates
that nobody should be condemned unheard.

Going by the theory of Veil of Ignorance, by John Rawls, the law must be made in such a
manner that it takes care of the poorest of the poor persons. The law making authority must
always assume a veil in front of them, such that if they are on the other side of the veil, and they
do not know their position, as to whether they are the weaker or the stronger section of the
society, in such a situation they would make laws concerning the poorer and the weaker section
of the society. In this line of concern, the constitution makers of India were aware of cultural and
the economic diversity of the country and to promote equality, they put Article 39A into the
Constitution, so that the grievances of the poor, needy are not suppressed by the more powerful
sections of the society.

The right of legal representation is being provided to every accused who is unable to engage a
lawyer or unable to secure competent legal services on account of reasons such poverty,
indigence, or incommunicado situations. This article has been considered as an essential
expression of ‘reasonable, fair and just’, procedure for an accused of an offence, which is held to
be implicit in the form of guarantee under article 21 of the Constitution of India.

The courts in India have actively taken part in making this right available to all the eligible
persons. Earlier, court took quite a restrictive approach, as far as the interpretation of the
statutory provisions was concerned, as it was only considered as a privilege given to the accused
and it was further, his duty only to ask for a lawyer if he needed one. And the only task in this
scenario that the judge was assigned was to make sure that the person got such an opportunity.

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 HYPOTHESIS

The principle of Legal aid is a part of the Directive Principles of State Policy. And overtime, it
has become a mandatory provision to be followed by the Courts, rather than just being a
directive. And this has become a mandatory provision through Judicial Decisions and
Legislations; a paradigm shift in the concept of legal services, the reaching out to the people to
facilitate “access to justice” to all in the most practical manner.

But the system is still lacking somewhere as the implementation of the law is not as proper as it
should be, as there are many people who are unable to have access to justice by the reasons of
social obligations (like women in rural areas are reluctant to go against their relatives in cases of
domestic violence and dowry), lack of interest of the lawyer, poverty, lack of awareness, lack of
proper implementation of law on part of the lower judiciary and state authorities.

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 Right of Free Legal Aid

Sr. Case Facts Decision

No.
1. Hussainara This petition was a result of an Immediate release of these
Khatoon alarmingly large number of men and under trials was ordered as
v. women, children being put behind the many of them were kept in jail
Home bars for years awaiting trial in courts without trial or even without a
Secretary, of law. It was brought to the notice of charge. The court held that the
State of Bihar Supreme Court that most of the under state could not be permitted to
[(1980) 1 SCC trials have already under gone the deny the constitutional right of
98] punishment much more than what speedy trial to the accused on
they would have got, had they been the ground that the State has no
convicted without any delay. The adequate financial resources to
people being caught were charged incur the necessary expenditure
with trivial offences, which even if needed for improving the
proved, would not warrant administrative and judicial
punishment for more than a few apparatus with a view to
months, perhaps a year or two, and improving speedy trial.
yet they remained in jail, deprived of
their freedom, for periods ranging
from three to ten years without even
as much as their trial having
commenced.
2. Khatri Several petitions were filed under The SC emphasized that the
v. Article 32 for the enforcement of state governments cannot avoid
State of Bihar fundamental rights under Article 21 their constitutional obligation
II on the allegation that they were to provide free legal service to
[(1981) 1 SCC blinded by the police while they were the poor accused by pleading
635] in its custody. The question arose financial or administrative
whether the Court could order inability. A trial held without
production of certain reports offering legal aid to an indigent
submitted by the CID to the State accused at state cost will be
government and some vitiated and conviction will be
correspondence between the set aside. Providing free legal
government and certain officials. service to the poor and the
needy is an essential element to
any reasonable, fair and just
procedure. The provision of
legal aid is fundamental to

5
 ensuring access to courts The
accused can also claim free
legal aid at the appellate stage.
The Court took the view that
the right to free legal aid would
be illusory for the indigent
accused unless the trial judge
informs him of such a right.
3. Sheela Barse Sheela Barse was a journalist and Failure to provide legal
v. activist for prisoners rights – assistance to poor and
Union of India informed the Supreme Court saying impoverished persons violates
[(1986) 3 SCC that of the 15 women prisoners that constitutional guarantees.
596] she interviewed Bombay Central Jail, Article 39-A [Directive
five admitted that they had been Principle of State Policy] casts
assaulted in police lockup. The Court a duty on the State to secure
admitted a writ petition. The College the operation of a legal system
of Social Work submitting a detailed that promotes justice on the
report which, in addition to admitting basis of equal opportunity. The
that excesses against women were right to legal aid is also a
taking place, pointed out that the fundamental right under
arrangements for providing legal articles 14 [Equality before
assistance to prisoners were Law] and 21 [Right to Life and
inadequate. Personal Liberty]. Directions:
1. Female suspects must be
kept in separate lock-ups under
the supervision of female
constables.
2. Interrogation of females
must be carried out in the
presence of female
policepersons.
3. A person arrested without a
warrant must be immediately
informed about the grounds of
arrest and the right to obtain
bail.
4. As soon as an arrest is made,
the police should obtain from
the arrested person, the name
of a relative or friend whom

6
 s/he would like to be informed
about the arrest. The relative or
friend must then be informed
by the police.
5. The police must inform the
nearest Legal Aid Committee
as soon as an arrest is made
and the person is taken to the
lock-up. 21
6. The Legal Aid Committee
should take immediate steps to
provide legal assistance to the
arrested person at State cost,
provided such person is willing
to accept legal assistance.
7. The magistrate before whom
an arrested person is produced
shall inquire from the arrested
person whether she has any
complaints against torture and
maltreatment in police custody.
The magistrate shall also
inform such person of her/his
right to be medically examined
4. Indira Gandhi In the general parliamentary elections The Court held: "Rule of Law
v. held in 1971, the appellant won the is basic structure of
Raj Naraian elections over her nearest rival- Mr. constitution of India. Every
[AIR 1977 SC Ram Narain. Mr. Ram Narain was
individual is guaranteed the
sponsored by the Samyukta Socialist
69] rights given to him under the
Party, that filed an election petition
under S. 80 r/w S. 100 of the constitution. No one so
Representation of People’s Act, 1951 condemn unheard. Equality of
to challenge the election of the justice should be given to
successful candidate. A learned everyone. There ought to be a
single judge in Allahabad High Court violation to the fundamental
upheld the challenge on two grounds
right or prerogatives, or
rejecting the other grounds of
challenge. The learned judge also privileges, only then remedy
granted an absolute stay for 20 days. goes to Court of Law. But also
The appellant moved to the Supreme at the stage when he first is
Court challenging the decision produced before the magistrate.
against her, by the High Court. In absence of legal aid, trial is

7
 vitiated."
5. Sukh Das The appellant has been charged for The Supreme Court set aside
v. allegedly having threatened an conviction against the
Union assistant engineer of CPWD for appellant and also quashed the
Territory of cancelling his transfer orders. The order of dismissal of the
Arunachal appellant remain unrepresented by a appellant by the Additional
Pradesh lawyer on the account of poverty, as a Deputy Commissioner.
[1986 AIR 991, result of which there was no cross The supreme court upheld the
1986 SCR (1) examination of the prosecution right of free legal assistance to
590] witnesses. the accused as the fundamental
The appellant preferred an appeal in right of the accused under
High Court, which got vitiated. But article 21 of constitution. The
the HC upheld the conviction. supreme court stated that it
would be mockery of free legal
aid if it were left to a poor
ignorant to ask for free legal
aid. And in that case, it would
merely become a paper
promise, and its purpose would
fail. An accused being
unrepresented in the court
proceedings is totally in
violation of his fundamental
rights.
6. M. H. Hoskot The petitioner was convicted for an If a prisoner sentenced to
v. offence under IPC, by the Sessions imprisonment is virtually
State of Court. High court dismissed his unable to exercise his
Maharashtra appeal. Petitioner underwent the full constitutional and statutory
[1978 AIR period of imprisonment and filed an right of appeal inclusive of
1548, SLP along with a petition for special leave to the Supreme
1979 SCR (1) condonation of delay contending that Court for want of legal
192] he had not received the certified copy assistance, there is implicit in
of the judgment through the the Court under Article 142
jail authorities. Even though the jail read with Articles 21 and 39-A
authority had received it, it was never of the Constitution, the power
delivered to him and because of this, to assign counsel for such
he lost his right to appeal. imprisoned individual for
doing complete justice. It was
the state’s responsibility to
provide free legal services to

8
 the prisoner who is indigent
and disabled in securing legal
services, where it is required
for justice.
7. Bodhisattwa The accused not only induced the Fundamental rights can be
Gautam complainant and cohabited with her, enforced even against private
v. giving her a false assurance of bodies and individuals. It is not
Subhra marriage but also fraudulently got necessary, for the exercise of
Chakraborty certain marriage ceremony performed the Supreme Court’s
[(1996) 1 SCC knowing fully well that the marriage jurisdiction under Art 32, that
490] was void. The accused even the person who is the victim of
committed the offence of miscarriage the violation of his or her
by compelling the complainant to fundamental right should
undergo abortion twice against her personally approach the court.
free will. The way the accused The court can itself take charge
exploited the complainant and of the matter and proceed suo
abandoned her is nothing but an act motu or on a petition of any
of grave cruelty as the same has public-spirited individual.
caused serious injury and danger to Rape is a crime against basic
the complainant’s health both human rights and is also
mentally and physically, as such, the violative of the victim’s most
accused above named has committed cherished fundamental right,
Criminal offences like causing namely, the right to life. Delhi
miscarriage, cheating, Cohabitation Domestic Working Women’s
caused by a man deceitfully inducing Forum v Union of India (1995)
a belief of lawful marriage, Marriage 1 SCC 14 (Ind SC) recognizing
ceremony fraudulently gone through a rape victim’s right to
without lawful marriage, cruelty compensation by providing
under the IPC. that it shall be awarded by the
court on conviction of the
offender, subject to the
formation of a Criminal
Injuries Compensation scheme
by the Central Government. On
the basis of the principles set
out in that case, the court’s
jurisdiction to award interim
compensation shall be treated
as part of their overall
jurisdiction to try rape offences

9
 and this power should be
included in the above scheme.
The Supreme Court has, in any
event, the inherent jurisdiction
to pass any order it considers
fit and proper in the interests of
justice or in order to do
complete justice between the
parties.
8. Ajmal Kasab Some of the major charges against It was held that it is the duty
v. him were: conspiracy to wage war and obligation of the
State of against the Government of India; magistrate before whom a
Maharashtra collecting arms with the intention of person accused of committing
[(2012) 9 SCC waging war against the Government a cognizable offence is first
1] of India; waging and abetting the produced to make him fully
waging of war against the aware that it is his right to
Government of India; commission of consult and be defended by a
terrorist acts; criminal conspiracy to legal practitioner and, in case
commit murder; criminal conspiracy, he has no means to engage a
common intention and abetment to lawyer of his choice, one
commit murder; committing murder would be provided legal aid at
of a number of persons; attempt to the expense of the State. There
murder with common intention; is an absolute obligation on the
criminal conspiracy and abetment; court to provide the accused
abduction for murder; with legal assistance, unless he
robbery/dacoity with an attempt to himself clearly refuses to such
cause death or grievous hurt; and facility, in a clear and
causing explosions punishable under unambiguous manner. The
the Explosive Substance Act, 1908. Court also directed all the
magistrates in the country to
faithfully discharge the
aforesaid duty and obligation
and further make it clear that
any failure to fully discharge
the duty would amount to
dereliction in duty and would
make the concerned magistrate
liable to departmental
proceedings.
9. Rajoo @ Appeal filed by all the convicted It was held by the Supreme

10
 Ramakant persons, before the High Court for Court that all poor accused
v. the offence of gang rape of G. The must be given free legal
State Of M.P high court vide an order set aside the assistance, irrespective of the
[(2012) 8 SCC conviction of five convicts but upheld severity of the crime attributed
553] that of two. Now, only one of the to them, at every stage of the
convicts has appealed against this three-tier justice delivery
conviction. system and could not be
restricted to the trial stage only.
Neither the Constitution nor
the Legal Services Authorities
Act makes any distinction
between a trial and an appeal
for the purposes of providing
free legal aid to an accused or a
person in custody. This makes
it abundantly clear that legal
services shall be provided to an
eligible person at all stages of
the proceedings, trial as well as
appellate. It is also important to
note that in view of the
constitutional mandate of
Article 39-A, legal services or
legal aid is provided to an
eligible person free of cost.
10. State of The respondent is a widow, who is The court dismissed the SLP,
Haryana claiming for compensation from the and held that the state must
v. Haryana State Transport bus, for make rules for exemption from
Darshana Devi killing her husband. The High Court court fee in the cases for
[AIR 1972 SC held that the exemptive provisions of compensation, where the
855] Order XXXIII o f CPC would apply automobile accidents are the
to the Accident Claims Tribunals cause.
(having trappings of a civil court). The court held that it was the
public duty of the state to obey
the rule of law and make rules
to give effect to the provisions
for legal aid to the poor, as
given under CPC.
11. Mohd. Hussain The petitioner is an illiterate foreign In this case, the accused was
@ Julfikar Ali national and is unable to engage a denied legal assistance at the

11
 v. counsel to defend himself. He is tried, time of trial. It is the duty of
The State convicted and sentenced to death by the courts to ensure that the
(Govt. of NCT) the Additional Sessions Judge, Delhi, accused I dealt with justly and
Delhi but without being represented. This fairly by keeping in the view
[(2012) 9 SCC was also upheld by the High Court. the principles of criminal
408] justice system. The involved
herein is of such a nature that
the denial of such right
amounts to the denial of due
process of law. The absence of
proper and fair trial is a
violation of fundamental
principles of judicial
procedure.
12. Kara Aphasia The petitioners were boys who have The accused must also
v. been in jail for over 8 years now. It is provided legal representation
State of Bihar also alleged that they were kept in leg by fairly competent lawyers at
iron and forced to work outside the the state’s cost, as it is the
jails. fundamental right of the person
involved in criminal cases, as
per article 21.

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 CASES ON THE WORKING OF LEGAL AID FUNCTIONARIES UNDER
THE LEGAL SERVICES AUTHORITY ACT, 1987.

Sr. Case Facts Decision

No.
13. Sampurna Behrua The Constitution of India lays The court has requested the
v. the responsibility on the State to State Legal Services
Union of India ensure that all the needs of Authorities to coordinate with
[(2011) 9 SCC 801] children are met and that their the respective Child Welfare
basic human rights are fully Department of the States to
protected. Other rights ensure that the Juvenile
guaranteed by the Constitution, Justice Boards and Child
such as right to live with Welfare Committees are
dignity, the right to fair trial and established and are functional
to free and compulsory primary with the required facilities.
education for children below Some recommendations were
the age of 14 are also violated also put forth in order to
due to the non-implementation ensure that the rights of
of the said Act. The petition juvenile offenders are not
outlines a detailed study in violated, and to rehabilitate
twelve states of India that is the offenders. They are:
Punjab, Bihar, Orissa, Madhya 1.That Police and government
Pradesh, Uttar Pradesh, officials ensure the
Rajasthan, West Bengal, implementation of the JJ Act
Maharashtra, Manipur, Gujarat, in the respondent states
Karnataka, and Uttaranchal.
2.Officials who fail to
Also there were complaints that
implement the Act should
in many districts Child Welfare
face due punishment
Committees were not
operational or functional and 3.Mandatory institutions be
even Juvenile Justice Boards set up, within the specified
had not been constituted in the time frame
manner provided in the Act.
4.To provide basic amenities
The petition has been filed
in the homes to child
seeking issue of appropriate
offenders
directions to the Central
Government as also to the Chief 5. Respondent States to
Secretaries and Director involve reputed NGOs in the
Generals of Police and other implementation of the orders.
authorities of the respondent

13
 States to implement the
Juvenile Justice (Care and
Protection of Children) Act,
2000 in its true letter and spirit.
The petition also highlights the
provisions of the Act which
have not been implemented
despite number of years having
elapsed in the process.

14 National Legal The petition had been filed in DIRECTIONS AND

Services Authority the Supreme Court of India DECLARATIONS:
v. seeking the recognition of the 1.Hijras, Eunuchs, apart from
Union of India rights of Transgenders in the binary gender, be treated as
(2014) 5 SCC 438 light of the traumatic “third gender” for the purpose
experiences faced by the of safeguarding their rights
members of the TG community. under Part III of our
Constitution and the laws
made by the Parliament and
the State Legislature.

2.Transgender persons’ right

to decide their self-identified
gender is also upheld and the
Centre and State
Governments are directed to
grant legal recognition of their
gender identity such as male,
female or as third gender.

3.Centre and the State

Governments directed to take
steps to treat them as socially
and educationally backward
classes of citizens and extend
all kinds of reservation in
cases of admission in
educational institutions and
for public appointments.
4.Centre and State
Governments should also take

14
 steps for framing various
social welfare schemes for
their betterment.

5.Centre and State

Governments should take
steps to create public
awareness so that TGs will
feel that they are also part and
parcel of the social life and be
not treated as untouchables.
Centre and the State
Governments should also take
measures to regain their
respect and place in the
society which once they
enjoyed in our cultural and
social life.

15. Sugreev alias The application filed by the It was held that the
Jagdish and Ors. plaintiff respondent under Order Respondent was permitted to
v. 33, Rule 1 of Civil Procedure sue as indigent person and it
Smt. Sushila Bai and Code, 1908 came to be allowed meant that it was only
Ors. and was permitted to file the deferment of payment of
[AIR 2003 Raj 149] suit as an indigent person. Court fees. She has to make
Against this order, the revision payment of Court fees at latter
was filed. stag. She has to pay Court
fees to Government
irrespective of her success or
failure in litigation where she
has not been granted free
legal services. Matter of
payment of Court fees in sum
and substance was matter
between litigant and State.
This revision petition is not
only wholly misconceived,
misplaced but an abuse of the
process of the Court also.
Thus, the Revision was
dismissed.

15
16. Kalaben Kalabhai The revision application under It is unfortunate that the
Desai v. Section 115 of C.P.C. filed by programme of free legal
Alabhai the wife against the order of the services is not 51 successful
Karamshibhai Desai, learned Civil Court, Mahesana. to the extent to what it should
AIR 2000 Guj 232 Under the order, the learned have been because of the
(233): (2000) 4 Cur trial Court awarded the interim noncooperative attitude of the
CC 419. maintenance to the wife members of the Bar. The
petitioner and her minor son, judicial officers are also
towards the litigation expenses, equally responsible for the
certain amount has been has non-availability of these
been awarded. This is benefits to this class of
challenged. litigants. In each case where a
woman or child is a party, it is
equally a duty of the judicial
officer concerned to let them
know that they are entitled for
free legal aid.
16. Pyla Bangarraju Petitioner seeks to quash the Since the respondent herein,
v. certificate for court fee is a member of the scheduled
Pyla Venkata exemption issued by the caste, therefore, he was
Ramakrisha and Chairman, Mandal Legal entitled to the benefit of free
Anr. Services Committee, Kakinada, legal services and also the
[2010 (5) ALD728] in favour of the respondent. The court fee exemption.
respondent has filed a pauper to
permit him to sue as an indigent
person, to declare gift deed as
void and not valid and to grant
permanent injunction.
17. Supreme Court It appears that while the It was directed that in
Legal Aid Committee provisions of the Act except the States/ Union
v. Chapter III have been extended Territories where the
Union Of India & to all the States vide High Court Legal
Ors. Notification dated November 9, Services Committee has
[(1998)5 SCC 762] 1995, the provisions of Chapter not been constituted
III have not been extended to a either because of the
number of States and Union absence of the
Territories for the reason that regulations or even
for the purpose of extending the though the regulations
provisions of Chapter III, it is have been made such
necessary that the concerned committee has not been
State Government/Union constituted, the
Territory Administration should concerned State

16
 have framed the relevant rules Government/ Union
under Section 28 of the Act. It Territory Administration
has been stated that since rules shall frame the
have not been framed in certain regulations and
States/Union Territories, constitute the High Court
provisions of Chapter III have Legal Service Committee
not been extended there. within a period of two
months.

There are many States

and UTs where inspite of
the rules having been
framed, steps have not
been taken to constitute
the various committees
as given by the Act. It
was also directed that the
States/ Union Territories
in which the various
committees have not
been constituted in
accordance with the
rules, had to constitute
the various committees
under the Act within a
period of two months.
18. LAXMI Laxmi, whose face and other In this case, the court directed
V. body parts were disfigured in that the acid attack victims
UNION OF INDIA the acid attack, had a PIL in shall be paid compensation of
(Supreme Court) 2006. A minor then, Laxmi was at least Rs. 3 Lakhs by the
[(2014) 4 SCC 427] attacked with acid by three men concerned State
in New Delhi, as she had Government/Union Territory
refused to marry one of them. as the after care and
She had filed a PIL seeking for rehabilitation cost. Of this
the framing of a new law, or amount, a sum of Rs. 1 lakh
amendment to the existing shall be paid to such victim
criminal laws, for dealing with within 15 days of occurrence
the offence, besides asking for of such incident to facilitate
compensation. She had also immediate medical attention
pleaded for a total ban on sale

17
 of acid, citing increasing and expenses in this regard.
number of incidents of such
attacks on women across the The Chief Secretaries of the
country. A direction was given States and the Administrators
to the Home Secretary, Ministry of the Union Territories shall
of Home Affairs associating the ensure compliance of the
Secretary, Ministry of Chemical directions that have been
& Fertilizers to convene a issued in the judgement.
meeting of the Chief Various other important
Secretaries/concerned orders have also been passed
Secretaries of the State by the Court directing the
Governments and the authorities formed at various
Administrators of the Union levels to carry out a specific
Territories, inter alia, to discuss task. One of them is the order
the following aspects: issued by the Supreme Court
on April 10, 2015, for the
 Enactment of enactment and publicity of the
appropriate provision Victim Compensation Scheme
for effective regulation in concerned states so as to
of sale of acid in the provide relief and
States/Union Territories rehabilitation to the victims.
 Measures for the proper
treatment, after care and
rehabilitation of the
victims of acid attack
and needs of acid attack
victims,
 Compensation payable
to acid victims by the
State/or creation of
some separate fund for
payment of
compensation to the acid
attack victims.

19. Ankush Shivaji The appellants were walking Looking at S. 357 in this
Gaikwad past the field when there was a perspective it appears that the
scuffle between the deceased provision confers a power
v. and the accused persons in the coupled with a duty on the
course. On account of the injury Courts to apply its mind to the
State of

18
 Maharashtra inflicted upon him, the deceased question of awarding
fell to the ground. All the three compensation in every
AIR 2013 SC 2454 accused persons ran away from criminal case. The power to
(Supreme Court) the spot. The deceased was award compensation was
rushed to the hospital. But, the intended to re-assure the
deceased eventually succumbed victim that he or she is not
to his injuries. According to the forgotten in the criminal
doctor, the death was caused by justice system. The occasion
the injury to the head. Appraisal to consider the question of
of the evidence adduced by the award of compensation would
prosecution led the trial Court logically arise only after the
to hold the appellant and his co- Court records a conviction of
accused guilty for the offence of the accused. Capacity of the
murder. A criminal appeal was accused to pay which
preferred before the High Court constitutes an important
of Bombay. aspect of any order under S.
357, Cr.P.C. would involve a
certain enquiry albeit
summary unless of course the
facts as emerging in the
course of the trial are so clear
that the Court considers it
unnecessary to do so.
20. Suresh &Anr vs On 18th December, 2000, the Appeal dismissed. Interim
State Of deceased and his son deceased compensation of rupees ten
Haryana(Supreme had been kidnapped and ransom lakhs was ordered to be paid
Court) was demanded for their release. to the family, by the Haryana
[(2015) 2 SCC 227] Since, the family could not State Legal Services
fulfil the demand and offer to Authority within one month.
pay rupees ten lacs was not If the funds are not available
accepted by the kidnappers. The for the purpose with the said
police was not informed on authority, the State of
account of the fear. The Haryana will make such funds
disclosure statement of one available within one month
person brought this fact to light and the Legal Services
that the two persons had been Authority will disburse the
killed. After the required compensation within one
investigation, the accused were month thereafter.
sent up for trial. The trial Court The object and purpose of the
convicted and sentenced the provision is to enable the

19
 appellants for kidnapping and Court to direct the State to
murder and concealing evidence pay compensation to the
in conspiracy and by common victim where the
intention. The decision was compensation under S.357
affirmed by the High Court. was not adequate or where the
The court had asked the learned case ended in acquittal or
counsel for the parties to make discharge and the victim was
their submissions as to required to be rehabilitated.
applicability of S. 357 A of the Under this provision, even if
Code of Criminal Procedure the accused is not tried but the
providing for compensation by victim needs to be
the State to the victims of the rehabilitated, the victim may
crime. request the State or District
Legal Services Authority to
award him/her compensation.
21. SUO MOTO WRIT The Supreme Court, based on The court opined that the
PETITION the news item published in the victim should be given a
(Supreme Court) Business and Financial News compensation of at least Rs. 5
[AIR 201 SC 2815, dated 23.01.2014 relating to the lakhs for rehabilitation by the
(2014) 4 SCC 786] gang-rape of a 20 year old State. Respondent No. 1
woman of Subalpur Village, in (State of West Bengal through
the State of West Bengal on the Chief Secretary) was directed
orders of community panchayat to make a payment of Rs. 5
as punishment for having lakhs, in addition to the
relationship with a man from a already sanctioned amount of
different community, by an Rs. 50,000, within one month.
order, took suo moto action and It was also clarified that
directed the District Judge in according to Section 357B,
the area to inspect the place of the compensation payable by
occurrence and submit a report the State Government under
to the Supreme Court within a Section 357A shall be in
period of one week from that addition to the payment of
date. fine to the victim under
On perusal of the report, it was Section 326A or Section
found out that there was no 376D of the IPC.
information in the report as to
the steps taken by the police
against the persons concerned,
directed the Chief Secretary,
West Bengal to submit a

20
 detailed report in this regard
within a period of two weeks.
Amicus curiae was thereafter
appointed, to assist the court in
this matter.
The main issue being that
earlier, Section 357 ruled the
field which was not mandatory
in nature and only the offender
can be directed to pay
compensation to the victim
under this Section. But, under
the new Section 357A, the onus
is put on the District Legal
Service Authority or State
Legal Service Authority to
determine the quantum of
compensation in each case.

ROLE OF VOLUNTARY AND SOCIAL ORGANISATIONS IN MAKING

FREE LEGAL AID SERVICES AVAILABLE
22. Center For Legal Before the Legal Services The assistance of voluntary
Research And Anr. Authorities Act, 1987, came agencies and social action
into force, there was no groups must therefore be
v. statutory body for taken by the State for the
implementation of the policy of purpose of operating the legal
State Of Kerala providing legal aid to the needy aid programme in its widest
(Supreme Court) as envisaged in Article 39A. and most comprehensive
This duty was carried out by sense, and this is an obligation
AIR 1986 SC 1322, non-governmental and which flows directly from
1986 (1) SCALE 907, voluntary organisations apart Article 39Aof the
(1986) 2 SCC 706, from the Kerala State Legal Aid Constitution. Further that,
1986 (2) UJ 445 SC and Advice Board, a body these voluntary organisation
constituted by the Government or social action group shall
by executive orders. At the not be under the control or
time, various voluntary and direction or supervision of the
non-governmental organisations State Government or the State

21
 engaged in providing legal aid Legal Aid and Advice Board
to the needy were not supported as these programmes should
by the Government. be totally free from any
Government control. The
Moreover, by a letter, the State Government was also
Secretary to the Government, directed to extend its
Law Department, Government cooperation and support to the
of Kerala directed the District given categories of voluntary
Collectors in the State to not organisations and social
render any assistance to action groups, in running the
voluntary organisations to legal aid programme and
conduct legal aid camps other organising legal aid camps
than the Kerala State Legal Aid and lok adalats or nitimelas.
and Advice Board. Thus, some
voluntary organisations
approached the Supreme Court
of India challenging the stand of
the Government.
23. Forum for Social In Pursuance of the guidelines Appeal dismissed. It is in the
Justice and directions as given in the best interest of the legal aid
v. case of Center For Legal programmes in the State that
State of Kerala & Research And Anr. vs State Of every facet of the same is
Another Kerala, the Government of controlled by the National
(High Court of Kerala framed guidelines Legal Services Authority at
Kerala) regarding Governmental co- the national level and the
ILR operation in respect of the legal State Legal Services
2009(4)Kerala456, aid activities of private Authority at the state level. In
2009(3)KLJ538, organisations. The petitioner is fact that only has been
2009(4)KLT176 one such private organisation recognised by the impugned
engaged in the various legal aid orders.
programmes. They approached
the Government for recognition Going by the scheme of the
as a voluntary organisation for Act, the power of recognising
rendering legal aid Pursuant voluntary and non-
thereto, the Government governmental organisations,
granted them recognition and for rendering legal services in
extended support for conducting the State, has been conferred
Legal Aid Clinics, and on the authorities under the
Neethimelas. Act, which as far as State of
While matters stood thus, the Kerala is concerned is the

22
parliament enacted the Legal KELSA. It is also in the
Services Authorities Act, 1987, fitness of things, since if two
creating statutory bodies for the parallel authorities function
purpose of providing legal aid for the same purpose, that
service to weaker sections of would create confusion in the
the society, as per which a implementation of the
National Legal Services provisions of the Act and
Authority was constituted as an would result in the legal said
apex body under whom various programmes itself ineffective.
State Legal Services Authorities
were to function. The state
authority (KELSA) constituted
under the Legal Services
Authorities Act, 1987, is also a
respondent. When the KELSA
was constituted, the
Government decided to cancel
the accreditation granted by
them to various voluntary
organizations in the matter of
rendering legal aid services.
The petitioner, a voluntary
organization took up the matter
with the Government, pursuant
to which, the Government
passed an order dated, wherein
the Government held that on the
advent of the Legal Services
Authorities Act, 1987, the
Government ceased to be the
authority to give accreditation
to voluntary organisations like
the petitioner.
The petitioner again approached
the Government for
reconsideration of the matter,
which was also rejected by the
Government.

23
24. Safai Karamchari The Public Interest Litigation Relief granted. The Court
Andolan and Ors. has been filed with respect to directed all the State
v. the inhuman practice of Governments and the Union
Union of India (UOI) manually removing night soil Territories to fully implement
and Ors. which involves removal of the "The Prohibition of
[2014 (2) GLT (SC) human excrements from dry Employment as Manual
79, 2014 (3) KarLJ toilets with bare hands, brooms Scavengers and their
529] or metal scrappers; carrying Rehabilitation Act, 2013"and
excrements and baskets to take appropriate action for
dumping sites for disposal non-implementation as well
which is being carried out by as violation of its provisions.
manual scavengers. And they Inasmuch as the Act 2013
are considered as untouchables occupies the entire field, the
by other mainstream castes and court also realized the need of
are thrown into a vortex of further monitoring that would
severe social and economic be required by itself. The
exploitation. The Safai court reiterated that the duty
Karamchari Andolan along with was cast on all the States and
six other civil society the Union Territories to fully
organizations as well as seven implement and to take action
individuals belonging to the against the violators.
community of manual
scavengers filed the present writ Henceforth, persons
petition on the ground that the aggrieved are permitted to
continuation of the practice of approach the authorities
manual scavenging as well as of concerned at the first instance
dry latrines is illegal and and thereafter the High Court
unconstitutional since it violates having jurisdiction.
the fundamental rights
guaranteed under Article
14, 17, 21 and 23 of the
Constitution of India and the
1993 Act. The main issue is
whether the petitioners must be
granted the reliefs sought for,
on the account of the practice of
manual scavenging and dry
latrines being illegal and
unconstitutional or not?

24
25. Occupational Health The National Commission for High Courts in whose
and Safety Safai Karamcharis - a statutory jurisdiction these power
Association body, set up under the National plants are situate, must
v. Commission for Safai examine whether CFTPPs
Union of India (UOI) Karamcharis Act, 1993, in its are complying with safety
and Ors. 3rdand 4th Reports (combined) standards and the rules and
[(2014) 3 SCC submitted to the Parliament, Regulations relating to the
547, AIR 2014 SC noted that the 1993 Act was not health of the employees
1469] being implemented effectively working in various CFTPPs
and further noted that the throughout the country and
estimated number of dry whether there is adequate
latrines in the country is 96 and effective health
Lakhs and the estimated delivery system in place
number of manual scavengers and whether there is any
identified is 5, 77,228. Also, the evaluation of occupational
manual scavengers were being health status of the workers.
employed in the army, public The High Court should also
sector undertakings, Indian examine whether any
Railways etc. Though a lot of effective medical treatment
legislation for pollution control is meted out to them.
and environment conservation
are in place, are in place, but
there is a lack of proper health
delivery system, evaluation of
occupational health status of
workers, their safety and
protection cause serious
occupational health hazards.
The petition highlighted the
serious diseases. The workers
working in thermal plants had
been suffering from over a
period of years.
26. (2009) ALJ 338 The legal services authority
(345): 2009AIHC act provides for complete
3159 (DB) dispute resolution
mechanism and settlement
through the instruments like
Lok Adalats and Permanent
Lok Adalats. Disputes

25
 cannot be referred to
private legal aid societies
and non – governmental
organizations.

FEES TO THE LAWYERS PROVIDING FREE LEGAL SERVICES AS

PER THE PROVISIONS OF THE ACT
27. T. Suthendraraja An unfortunate episode of non- The counsels were ordered to
and another reconciliation between the be entitled to a daily fee of
v. defence lawyers engaged as Rs. 750/-, for an effective
State Of Tamil Nadu State Brief Counsel and the hearing. As far as the past
and Others State, on the quantum of fees remuneration is concerned, it
1995 CriLJ 1496 payable to those counsel, in the shall be paid without delay on
(Madras High Court) Rajiv Gandhi Assassination furnishing of relevant bills
case. Advocates appointed as certified by the Designated
State Briefs in the above case Judge. The court also
by this Court to defend the observed that the Legal Aid to
accused noted against them Poor Accused Rules 1976
have represented to this Court need drastic changes.
that the fee fixed in the said
Rule is inadequate and
requested to address the
Governments for enhancement
of the fees on the following
grounds as a special case. While
the defending lawyers, after
acceptance of their
appointments as State Brief
Counsel, have demanded
payment of fees on par with
prosecuting counsel the State
has chosen to point out the rules

26
 fixing the fee at Rs. 50/- per
diem or such lesser fee as may
be fixed in the discretion of the
Court in the case of work
lasting less than a full day,
subject to a maximum of Rs.
300/- for the whole case for
each pleader, while contending
that it has no obligation to pay
more. The main issue was
whether there must be an
enhancement in the amount of
fees payable to the lawyers in
this case?

28. Akhil Bandhu Saha It has been claimed by the Rendition of free legal aid
v. petitioner that as a result of the cannot be confined only to
The State Of West protracted proceedings by and engagement of an empanelled
Bengal & Ors. between him and the bank, his advocate, paying his fees and
resources have been drained to shouldering the costs of the
such an extent that he is in acute proceedings and certified
financial distress and has no copies of the orders passed in
means to travel to New Delhi to such proceedings. If legal aid
contact the advocate thereat has to be real in the true sense
(who has been requested by an of the term, the narrow and
advocate practising in this restrictive approach has to be
Court, to defend the petitioner, shunned and a wide and
pro bono) and to explain to him liberal approach adopted to
his side of the story so that the translate the Constitutional
said SLP filed by the bank is promise to action. If indeed
dismissed. It is further claimed such restricted meaning is to
that the petitioner has been be attributed to the words
running from pillar to post to 'legal service', the object with
secure funds for his travel to which the LSA Act was
New Delhi to defend the said introduced may not be
SLP but all such attempts have fulfilled and in such an
proved abortive. It is in such eventuality, the LSA Act
circumstances that the petitioner would largely remain a
has claimed an order on the document of limited use.
Secretary to the Government of

27
 West Bengal, as noted above. The classes of aided persons
who could be legally entitled
to travel fare and
accommodation charge may
not be capable of exhaustive
enumeration.

LOK ADALATS AND PERMANENT LOK ADALATS

Sr. Case Name Facts Decision

No.
29. State of Punjab The accident took place on The appeal was allowed. The Lok
v. March 4, 1997. Amarjit Adalat exercised a
Jalour Singh and Kaur, aged about 32 years, power/jurisdiction not vested in
others died in the accident. Her it. On the other hand, the High
[AIR 2008 SC 1209, husband and minor son Court twice refused to exercise
(2008) 2 SCC 660] claimed compensation. the jurisdiction vested in it,
The Tribunal granted thereby denying justice and
compensation. Thereafter, driving the appellants to this
the High Court Lok Adalat Court
took up the appeal on If any party wants to challenge an
3.8.2001. The parties were award based on settlement, it can
not present. Their counsel be done only by filing a petition
was present. After hearing under Article 226 and/or Article
them the Lok Adalat 227 of the Constitution, that too
passed the following order. on very limited grounds.
The Lok Adalat had But where no compromise or
increased the amount of settlement is signed by the parties
compensation to the family and the order of the Lok Adalat
of the deceased and does not refer to any settlement,
ordered the respondents to but directs the respondent to
pay the said compensation either make payment if it agrees
within 2 months of the to the order, or approach the High
date of the order. Court for disposal of appeal on
The appellants, therefore, merits, if it does not agree, is not

28
 filed a petition under an award of the Lok Adalat. The
Article 227 of the question of challenging such an
Constitution (Civil order in a petition under Article
Revision Petition) 227 does not arise. As already
challenging the order of noticed, in such a situation, the
the Lok Adalat. The said High Court ought to have heard
petition was rejected by and disposed of the appeal on
another single Judge of the merits.
High Court by an order
holding that it is not
maintainable. The high
Court stated that nothing
has been pointed out
showing that such a
petition under Article 227
of the Constitution is
maintainable. Apart from
the fact that the Lok
Adalat has granted time for
filing the objections and
the objections have been
dismissed, the meager
increase in the amount of
compensation does not
warrant any interference.
30. BAR Council of Bar Council of India by The appeal was dismissed. The
India means of this writ petition court found no merit in the
v. under Article 32 of the submission of the petitioner that
Union of India Constitution of India has the service provider may pre-
[(2012) 8 SCC 243, raised challenge to the empt the consideration of a
AIR 2012 SC 3246] vires of Sections 22-A, 22- dispute by a court or a forum
B, 22-C, 22-D and 22-E of under special statute by
the Legal Services approaching the Permanent Lok
Authorities Act, 1987 as Adalat established under Chapter
inserted by the VI-A of the 1987 Act and, thus,
(Amendment) Act, 2002. depriving the user or consumer of
The challenge is such public utility service of an
principally on the ground opportunity to have the dispute
that Sections 22-A, 22-B, adjudicated by a civil court or a
22-C, 22-D and 22-E are forum created under special

29
arbitrary per se; violative statute.
of Article 14 of the By not making applicable the
Constitution of India and Code of Civil Procedure and the
are contrary to the rule of statutory provisions of the Indian
law as they deny fair, Evidence Act, there is no
unbiased and even-handed compromise on the quality of
justice to all. determination of dispute since the
Whether Section 22-A, 22- Permanent Lok Adalat has to be
B, 22-C, 22-D and 22-E objective, decide the dispute with
introduced into the Act by fairness and follow the principles
the Amendment Act of of natural justice. Sense of
2002 are contrary to the justice and equity continue to
Rule of Law? guide the Permanent Lok Adalat
while conducting conciliation
proceedings or when the
conciliation proceedings fail, in
deciding a dispute on merit.
With respect to the fact that there
is no right to appeal, the court
held that it does not render the
impugned provisions
unconstitutional. In the first
place, having regard to the nature
of dispute upto a specific
pecuniary limit relating to public
utility service and resolution of
such dispute by the procedure
provided in Section 22-C(1) to
22-C(8), it is important that such
dispute is brought to an end at the
earliest and is not prolonged
unnecessarily. If at all a Party to
the dispute has a grievance
against the award, High Court
can always be approached under
its supervisory and extraordinary
jurisdiction under Articles 226
and 227 of the Constitution of
India.

30
31. PT THOMAS Whether the award of lok The award passed by the Lok
v. adalat be equated as the Adalat is the decision of the court
THOMAS JOB decree of Civil court or itself though arrived at by the
[(2005) 6 SCC 478, not? simpler method of conciliation
AIR 2005 SC 3575] instead of the process of
arguments in court. The effect is
the same.

The court referred to section 21

and 22 of the Legal Services
Authority Act, 1987 that talk
about the Award of Lok Adalats
and Powers of Lok Adalats
respectively. Further, the court
has referred to Order 23 Rule 3 of
Civil Procedure Code that
provides for compromise of suit
where it is proved to the
satisfaction of the Court that a
suit has been adjusted wholly in
part by any lawful agreement or
compromise, written and signed
by the parties. The Court after
satisfying itself about the
settlement, it can convert the
settlement into a judgment
decree.

The court also opined that the

award of the Lok Adalat is
fictionally deemed to be decrees
of Court and therefore the courts
have all the powers in relation
thereto as it has in relation to a
decree passed by itself. This
includes the powers to extend
time in appropriate cases.

31
32. Madhya Pradesh Legal Madhya Pradesh State It was concluded that the parties
Services Authority Legal Services Authority, had already settled the matter and
(MPSLSA) the appellant herein, has the purpose of going to the Lok
v. filed the instant appeal Adalat was only to have a rubber
Prateek Jain and challenging the propriety stamp of the Lok Adalat in the
Another of orders of MP high form of its imprimatur thereto.
[(2014) 10 SCC 690] Court. Essentially the lis Thus, no error was found in the
was between respondent judgment of the High Court. The
Nos. 1 and 2. Respondent Court answering the question
No.1 had filed a complaint held that even when a case is
under Section 138 of the decided in Lok Adalat, the
Negotiable Instruments requirement of following the
Act, 1881 (hereinafter guidelines contained in Damodar
referred to as the 'Act') S. Prabhu should normally not be
against respondent No.2. dispensed with. Therefore, in
Matter reached before the those matters where the case has
Additional Sessions Judge to be decided/ settled in the Lok
in the form of criminal Adalat, if the Court finds that it is
appeal. During the a result of positive attitude of the
pendency of the appeal, parties, in such appropriate cases,
the matter was settled the Court can always reduce the
between the parties. On costs by imposing minimal costs
their application, the or even waive the same.
matter was referred to Normally, the costs as specified
Mega Lok Adalat. in the guidelines laid down in the
However, the concerned judgment of Damodar S. Prabhu
Presiding Officer in the has to be imposed on the accused
Lok Adalat did not give persons while permitting
his imprimatur to the said compounding. There can be
settlement in the absence departure therefrom in a
of deposit that is 15% of particular case, for good reasons
the cheque amount which to be recorded in writing by the
is necessary under the concerned Court. It is for this
guidelines issued by the reason that the Court mentioned
Supreme Court in the three objectives which were
judgement of Damodar S. sought to be achieved by framing
Prabhu v. Sayed Babalal those guidelines, as taken note of
[(2010) 5 SCC 663]. above.
The costs so imposed had It has been made abundantly
to be deposited with the clear that the concerned Court

32
 Legal Services Authority would be at liberty to reduce the
operating at the level of costs with regard to specific facts
the Court before which and circumstances of a case,
compounding takes place, while recording reasons in
but was not deposited. writing for such variance.
Against the order of
Additional Sessions Judge,
a writ petition was filed by
respondent No.2 but the
same is also dismissed by
the High Court, accepting
the view taken by the
Additional Sessions Judge.
Whether these guidelines
in the judgment of
Damodar S. Prabhu are to
be given a go by when a
case is decided/ settled in
the Lok Adalat.
33. Abul Hassan and Whether there should be a The misgivings of DDA and
National Legal permanent Lok Adalat to MTNL in regard to the setting up
Services Authority deal with the matters of permanent Lok Adalats thus,
v. involving DVB, MCD, were ignored and the court
Delhi Vidyut Board & NDMC, DDA, GIC, ordered for setting up of
Ors. MTNL and various permanent Lok Adalat. It is also
[AIR 1999 DEL 88.] departments of the directed that these Lok Adalats
Government. shall meet at such intervals as
may be dictated by the necessity
to hold the same according to the
workload.
It was held that it would be in the
interest of the citizens of India
that permanent Lok Adalats are
established and held continuously
so that the purpose for which the
Act was enacted could be
achieved.
Unless permanent and continuous
Lok Adalats are set up, it may not
be possible to reduce the

33
 pendency in courts. The need to
establish permanent and
continuous Lok Adalat and to
resort to alternative dispute
resolution mechanism cannot be
overlooked. The Lok Adalat and
alternative dispute resolution
experiment must succeed
otherwise the consequence for an
overburdened court system would
be disastrous.
34. All Guwahati The Member-Secretary, The powers of the state authority
Educated Unemployed Assam State Legal are totally administrative in
Hawkers Association Services Authority in nature. They have no nexus with
and etc. pursuance of the the judicial powers vested in the
v. provisions of Lok Adalats. Hence, neither the
All Guwahati Section 22B(1) of the Act state authority, nor the central
Municipal issued notices to the writ authority is authorized by the
Corporation and Ors. petitioners taking law, to nominate the member
etc. (High Court Of cognizance of various secretary to invoke and exercise
Gauhati) complaints received by the powers of permanent Lok
[2006 SCC OnLine him from different persons Sabha in any place, within the
Gau 18, AIR 2006 Gau for adjudication of the territorial limits of that particular
132] disputes raised in state.
accordance with the
provisions of Chapter VIA
of the Act. The orders
passed in different cases
have been challenged in all
these writ petitions.
Precisely, different
Benches of this Court
presided over by the
learned Single Judges
suspended the operation of
the orders passed by the
Member-Secretary
pending disposal of the
writ petitions.
Whether the Member-

34
 Secretary, Assam State
Legal Services Authority
is authorized under the
provisions of the Legal
Services Authorities Act,
1987, hereinafter referred
to as the 'Act', to invoke
and exercise the powers
vested with a permanent
Lok Adalat under the
provisions of Chapter VIA
of the Act?

35. KN Govindam Kutty This appeal raises an It was held that considering the
Menon important question as clear and unambiguous language
v. to the interpretation of Section 21 of the Legal
CD Shaji of Section 21 of the Legal Services Authority Act, 1987,
[(2012) 2 SCC 51] Services Authorities Act, every award passed by the Lok
1987. The main question Adalats would be treated as the a
that was posed for decree of a Civil Court, and thus
consideration was that executable. And that there was no
when a criminal case is such specific distinction between
filed under Section 138 of the reference made by civil or a
the Negotiable Instruments criminal court. Thus, even if a
Act, 1881 referred to by matter has been referred by a
the Magistrate Court to criminal court under Section
Lok Adalat is settled by 138 of the N.I. Act, the award
the parties and an award is passed by the Lok Adalat based
passed recording the on a compromise has to be
settlement, can it be treated as a decree capable of
considered as a decree of a execution by a civil court.
civil court and thus
executable?
36. State of Maharashtra State of Maharashtra Held: The Supreme Court upheld
v. represented by the the judgment and order of the
Manubhai Pragji Education Department High Court of Bombay. Article
Vashi and others (appellant) filed SLP 21 read with Article 39A of the
(1995) SCC 6, 730 against the Judgment and Constitution mandates or casts a
Order of the High Court of duty on the State to afford grant-
Bombay. The prayer was in-aid to recognised private law

35
 that the benefit of pension- colleges, similar to other
cum- gratuity scheme faculties, which qualify for the
introduced by the receipt of the grant. The aforesaid
Government for all duty cast on the State cannot be
teaching and non-teaching whittled down in any manner,
staff in colleges with either by pleading paucity of
faculties in specified fields funds or otherwise. This position
should be made applicable was made clear.
to the staff of the non- Government was directed to
Government Law Colleges extend the grant-in- aid scheme
too. to all Government recognised
The High Court held that private law colleges, on the same
the action of the criteria as such grants were being
Government is not given to other faculties also.
extending the grants-in-
aid, afforded to faculties
like Arts, Science,
Commerce, Engineering
and Medicine to non-
Government recognized
law colleges is
discriminatory.
37. M.I. Ibrahim Kutty The bank is the plaintiff Section 20(5) says that, where
v. here and the defendant had Lok Adalat was not in position to
Indian Overseas Bank, borrowed a certain sum of arrive at compromise, it did not
Maruthanvode Branch money on Demand mean that whenever records were
[AIR 2005 Mad 335] Promissory Notes and sent back to Court, it would lead
Deed of Hypothecation. to an inference that matter was
the Defendant had also unsettled. It was matter of
executed a Simple reasonableness and experience
Mortgage Deed in respect that whether case was settled or
of the properties, by not, case records had to be
deposit of Title Deeds. The necessarily sent back to Courts
bank filed a suit against concerned. However, suit was
the defendant to claim that dismissed for default, same
amount, which was Subordinate Judges had referred
referred to Lok Adalat. to case to Lok Adalat. Sitting as
Both the Plaintiff Bank Chairman of Legal Services
and the Defendant had Committee, same officer settled
agreed for a compromise matter and had also signed in

36
 and the Award was passed. award. Again when suit came up
The Defendant has not before Court, same officer, had
acted as per the terms of dismissed suit for default –
the award, the Plaintiff probably, it wasn’t brought to
Bank has filed Execution notice of Court that suit was
Petition. Subordinate settled in Lok Adalat. Thus,
Judge held that, every Subordinate Judge/Executing
Award of Lok Adalat Court had rightly referred to
should be deemed to be Section 21 of Act in holding that
Decree of Civil Court and award had become final and it
executable and that could not be challenged. Petition
subsequent dismissal of was dismissed.
suit would not prevail
against award of Lok
Adalat
38. Chaluvadi Murali The award passed Lok The court held that under section
Krishna Adalat was challenged on 19(5)(ii) and S. 20(2), the lok
v. the ground that the Legal adalats are competent enough to
District Legal Service Services Authority is not deal with the pre-litigation cases.
Authority, Prakasam competent to deal pre Also, that these two provisions
District, Ongole litigation case and it could confer jurisdiction on the Lok
[AIR 2013 AP 41] not settle dispute, unless Adalats even without the
the case has been referred reference of the dispute by the
to, by the court. court. Thus, the award so made
by the Lok Adalat was held to be
valid and proper.
39. Jatavath Sali The revision petitioner is It was held that the legal services
v. questioning the order made authority established under the
Mandal Parishad on the file of the Mandal legal services authority act
Deelopment officer Legal Services Committee, exercises the quasi judicial
and another. Miryalaguda, Nalgonda functions where the disputed
[2006 (2) ALT 217] District, wherein the questions of the facts are
petition was closed as involved in the case and the
there was an essential committee opines that these
question as regard to the questions cannot be resolved by
identity of the a certain the Lok Adalats. In that case, it
person and it was difficult would be appropriate for the
to ascertain it before the parties to invoke proper remedy
Lok Adalat. instead of closing application of
referring matter.

37
40. Sreedharan T. and Petitioners were indicted The various provisions contained
Ors. in non-bailable offences in the Act make it clear that the
Vs. and approached the Lok Adalat has no adjudicatory
Sub Inspector of Police Hon'ble High Court for functions. It cannot pass any
and Anr. anticipatory bail. It was independent verdict/order/award
[2009 CriLJ 1249, contended by them that arrived at by any decision-
ILR2009 (1) Kerala they are innocent and they making process. It can only
111] were falsely implicated. It persuade the parties to the
was also pointed out they dispute, by any known methods
had approached the of conciliation, mediation etc.,
Hon'ble High Court earlier and with utmost expedition, to
and the Court had referred arrive at a compromise or
the anticipatory bail settlement and determine the case
application to the Lok in accordance with the bilateral
Adalat. Petitioners did not compromise or settlement arrived
prosecute the application at them. In doing so, it shall be
and Adalat closed the guided by the principles of
petition as not pressed. justice, equity, fair play and other
The learned Single Judge legal principles. What is expected
examined whether the of by the Lok Adalat is to
Court can refer an incorporate the terms of
anticipatory bail settlement or compromise arrived
application to Adalat, at by the parties to the dispute, in
whether Lok Adalat can the presence of both parties in the
dispose of the bail form of an Award and under their
application and whether a signature as well as the signature
case involving a non- and seal of the judges of the Lok
bailable offence can be Adalat. It is, in effect, more or
referred to Adalat. It was less, like a compromise decree.
held that court could refer No decision can be taken by the
an anticipatory bail lok Adalat unilaterally. But,
application to the Adalat, many Lok Adalats are found to
that Lok Adalat cannot issue independent directions and
dispose of the anticipatory orders, just as the courts do, after
bail application and that an independent, adjudicatory
case involving non- process. This is totally contrary
bailable offence can be to the scheme and scope of the
referred to the Lok Adalat. Act and it is impermissible also.

38
41. State of Kerala and The writ petition was filed An offence punishable under
Anr. by the state of Kerala Section 397 IPC is not
Vs. challenging the direction compoundable under Section 320
Ernakulam District issued in the award passed of the Code of Criminal
Legal Service by the Lok Adalat, to refer Procedure, 1973. In terms of the
Authority and Ors. a crime under investigation proviso to Section 19(5) of the
[AIR 2008 Ker 70, ILR for an offence punishable Act, the Lok Adalath shall have
2008 (1) Kerala 119] under Section 397 IPC. no jurisdiction in respect of any
The Lok Adalat had passed case or matter regarding an
the award since the suit offence not compoundable under
between the debtor and any law meaning the Lok Adalath
creditor had been settled in would have jurisdiction to
the Lok Adalath and since determine and to arrive at a
the crime registered had compromise or settlement
allegedly been committed between the parties to a dispute
during the course of in respect of a case pending
recovery of a vehicle for before; or any matter which is
the non-repayment of a falling within the jurisdiction of,
loan, which was the and is not before, any court for
subject-matter of the which the Lok Adalath is
dispute in the suit. The organised; it shall not have
learned Single Judge held jurisdiction to determine or to
that the offence under arrive at a compromise or
Section 397 is non- settlement regarding any case or
compoundable and hence matter relating to an offence not
the Lok Adalath cannot compoundable under law.
compromise or settle any Therefore, it is not permissible
case or matter relating to for the Lok Adalath to enter into
an offence not any determination or to arrive at
compoundable under law. a compromise or settlement in
relation to a case or matter
regarding an offence punishable
under Section 397 IPC, which is
a non-compoundable one.
42. Dakshinanchal Vidyut Present Petition filed The provisions of Legal Services
Vitran Nigam Ltd. and against order whereby Authorities Act, 1987 are meant
Others Permanent Lok Adalat for different objective, i.e., for
V. awarded compensation to adjudication of dispute by
M/s. Prakancha Metal the Respondent on account settlement. The provisions of
Works Pvt. Ltd. of illegal disconnection of Act, 1987 are not exclusive but

39
 [2012 (9) ADJ 112, electricity supply at supplementary in nature. A
AIR 2012 All 176] Respondent's premises. reading of Sections 19 and 20 of
The permanent Lok Act, 1987 would show that a
Adalats would have the matter shall be referred to Lok
jurisdiction to entertain the Adalat on an application filed by
claims for mental torture one of the parties under
or harassment or not? Section 19(5)(ii) with the request
that such matter needs be
determined by Lok Adalat but
only when an opportunity is
granted to other side of being
heard. In the present case, it is
not the case of learned counsel
for the petitioners that no such
opportunity was granted or that
when the opportunity under
Section 20(1)(ii) was granted
they raised an objection about
lack of jurisdiction of Lok Adalat
or for not referring the matter for
determination by Lok Adalat.
Once an opportunity of hearing
was granted before referring the
matter to Lok Adalat and
thereafter the matter has been
decided, the petitioners cannot be
allowed to retract and contend
that Lok Adalat has no
jurisdiction.
43. Amod Prasad Ram A conjoint reading of Section 22
V. B and 22 D indicates that the
The State of Permanent Lok Adalats means
the chairman and the two
Jharkhand, Jharkhand
members and it is only on the
State Legal Services filing of an application by the
Authority and District party to the dispute that the
Legal Services Permanent Lok Adalat will be
Authority conferred the jurisdiction to deal
[2007(2)BLJR2006, with the case.
[2007(3)JCR283(Jhr)]]

40
44. Anita Chauhan Petition by the petitioner The provisions under Section 22
V. for staying the operation of c would only be attracted to the
State of Haryana and the order passed by the pre litigation conciliation and
would have no application to the
Ors. Lok Adalat. Lok Adalat
disputes which are already
[(2003)133PLR185] the parties could not arrive pending in the court and which
at a compromise or have been referred to the Lok
settlement, and the matter Adalat by the Court.
was contested between the
parties.
And as no compromise or
settlement could be arrived
at between the parties. It
was mandatory for the Lok
Adalat to return the case to
the Hon'ble High Court for
proceeding further in the
matter and deciding the
same on merits. Reference
in this connection may be
made to the provisions of
Section 20 (5) & (6) of the
Legal Services Authorities
Act, 1987.
The petitioner contends
that the Lok Adalat has no
such power either under
the provisions of the
Constitution or of the 1987
Act.

41
 CONCLUSION

The major obstacle that lies in the development of India, as a country, is the irregular distribution
of wealth. Today, 80% of the wealth in India is possessed by 20% of the population. And the
remaining 80% of the populations remains disadvantaged as far as the enforcement of their rights
is concerned. Since, the majority of population survives in dearth of monetary resources, they
mostly are reluctant to approach the Court of Law for the enforcement of their rights. This is why
the concept of free legal aid was like a basic necessity in India, to impart social justice to each
and every individual, irrespective of any discrimination.

The judiciary in India has always played an active role when it came to the interpretation of
provisions concerning free legal aid and the approach has always been the one that favored the
weaker and the disadvantaged sections of the society. Justice P. N. Bhagwati and Justice V. R.
Krishna Iyer, were the first judges to concede PILs in court. Filing a PIL is not as bulky as a
standard lawful case; there have been occurrences when letters and telegrams tended to the court
have been taken up as PILs and heard them.

This was developed by the judiciary in the way it is now, so that the needs of the poor did not
remain unheard. Prior to the 1980s, just the distressed party could approach the courts for
equity. After the crisis period the high court connected with the general population, formulating a
methods for any individual of people in general (or a NGO) to approach the court looking for
legitimate cure in situations where the general population interest was in question. This shows
that the representation of people in the courts has been a prime concern of the judiciary so that
the ideals and goals laid down in the preamble could actually be there in practice.

The legislature has also been active in this regard. Article 39A of the Constitution of India, was
enacted so as to promote, protect and deliver social justice, by the way of law. The idea of Public
Interest Litigation (PIL) was developed in the same line of the progression as in concern with the
standards revered in Article 39A of the Constitution of India to secure and convey brief social
equity with the help of law. The Legal Services Authority Act, 1987 was brought into force with
the main aim of providing a proper set of laws providing for the establishment of the authorities

42
that would deal exclusively with rendering free legal assistance to the persons eligible under the
act under Section 12.

But the authorities so formed, still face challenges which pose as obstacles in achieving the
purpose for which the law has been enacted. Even though the higher judiciary in India has also
been active, but some activity is also required on the part of subordinate Judiciary. The judges
working at the district court need to work on the individualistic approach. As even today people
are reluctant to approach courts. So this reluctance towards the legal process needs to be
essentially removed from within the people and the judges need to develop a more individualistic
approach rather than a collective one.

The problem also majorly lies in the implementation part of the act, where the Central and the
State authorities need to be more active. Some of the problems and suggestions are:

 It has to be ensured by the courts that the subordinate rules and regulations so formed in
under the Legal Services Authority Act, 1987 are duly implemented in all the States.
 Legal Awareness camps which the states generally fail to organize, must also be
organized at regular intervals and an inspecting authority must also be appointed to
oversee the working of the State authorities in this regard.
 The legal literacy material should also be properly and timely distribute to the
participants. This should be framed in the simplest possible manner and with least
amount of legal jargon so that it is easy to understand.
 The process of selection of the Panel Lawyers and Para Legal Volunteers often takes a lot
of time to be completed. This practice of procrastination causing unnecessary delay needs
to be dealt with.
 Preference should given to lawyers with experience on cases affecting persons provided
in Section 12 of the LSA Act that is Members of Scheduled Castes/ Scheduled Tribes;
persons with disabilities, women, children, persons under circumstances of undeserved
want e.g. victims of a mass disaster/ ethnic violence/ caste atrocity/ flood/ industrial
disaster; industrial workmen; persons in custody; economically vulnerable persons and
victims of trafficking in human beings or begar.

43
 There is many a times, dissatisfaction among the panel advocates who are appointed
under the act as the honorarium that they are supposed to receive as per the NALSA
Regulations, 2010, is very low. Thus, they are often uninterested in the work that they
have to do. And the dues of the employees should also be timely paid, without any delay.
Even though the authorities are not working in the dearth of funds, but the rules are
framed in such a way that the members are only to be paid the remuneration which is
very low.
 The panel advocates must also be given professional training on the laws concerning free
legal aid and the procedures followed in the courts.
 Para legal volunteers are also to be appointed under the act. But the training of such
volunteers is the main concern. There must be proper rules for the professional training
and the do’s and don’ts for them as they are supposed to bridge the gap between the
community and the Legal Services Authorities.
 There is no feedback mechanism as such provided in the Act. But it is advisable that
there should be one, so that the Legal Aid clients can share their experience, good or bad,
as well as their suggestions, if any. This would make general public feel important as
their suggestions would be taken into consideration for the better working of such
institutions.
 The judges working at the subordinate courts are also under pressure to dispose more and
more cases to reach the targets set for them by the High Courts. In this situation the often
fail to realize that the parties may be unable to afford the legal services. So, such needs
must be realized by the Courts. And the quality of justice must not be compromised with,
in order to achieve the targets of the number of cases to be disposed. Certain amount of
relaxation must be given to the judges also, so that they give their 100% to the task
assigned to them.
 Also that a judicial member has to be appointed as the main head of the Legal Services
Authority in a particular area and has to participate and supervise the working of such an
institution. So, in this, the duties of this member as a judge and his work gets greatly
jeopardized, as in addition to his judicial work, he now also has to do the administrative
work.

44
  The authorities must be able to realize and recognize the needs of every area where the
legal awareness camps are organized. And also the Lawyers and the Para Legals in such
areas must be appointed taking into consideration the needs of the people. Those Lawyers
and the Para Legals must be preferred who are specialized and have experience in the
field of those particular laws which are more in demand in the area concerned.
 Also, the NGOs and other voluntary organizations need to play a greater role, as they can,
in spreading awareness among general public, of such right and the relevant authorities.
The voluntary organizations need to be encouraged and as per the act, the state authority
is supposed to work in connection with the NGOs to spread the legal awareness. It is
advisable that there is an authority or a committee appointed to see whether the state
authorities are actually working with the NGOs or not and to advise both the organization
to enhance their working patterns for a greater good.
 “The LSAs should be the natural referral point for institutions/ organizations dealing with
the rights of the poor and the marginalised. NGOs working with these sections should be
encouraged to approach the LSAs for legal aid.”1
 The Monitoring mechanism of the Panel Lawyers and Para Legal Volunteers must be
worked upon to enhance its working and results.

1
http://www.undp.org/content/dam/india/docs/DG/needs-assessment-study-of-selected-legal-services-
authorities.pdf - accessed on 27/11/2015 at 1:00 pm

45
 REFERENCES

Web Resources:
 www.manupatrafast.com
 wwwindiankanoon.com
 www.scconline.com
 www.westlawindia.com
 www.jstor.com
 www.nalsa.gov.in
 www.supremecourtofindia.nic.in
 http://www.ukessays.com
 http://www.undp.org/content/dam/india/docs/DG/needs-assessment-study-of-
selected-legal-services-authorities.pdf

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