Dlsa Internship On ADR
Dlsa Internship On ADR
DURATION OF INTERNSHIP
ACKNOWLEDGEMENT………………………………………………………………………………………………… 3
ACTIVITY LIST………………………………………………………………………………………………………..…… 4
INTRODUCTION…………………………………………………………………………………………………………. 5
GRATITUTE…………………………………………………………………………………………………………….… 31
I am really grateful for this amazing opportunity that Madhya Pradesh State
Legal Services Authority (MPSLSA) provide us with. It has been a great learning
experience where I got to know things that I would not have learnt otherwise.
However, this would not have been possible without the guidance of several
individuals that requires a special mention. I would like to express my heartfelt
thanks and gratitude to Mr. Rajiv Karmahe (Member Secretary, MPSLSA), Mr.
Manoj Kumar (Additional secretary, MPSLSA), Mr. Zeeshan Khan (District legal
aid officer, MPSLSA), and Mr. Survesh Chaturvedi (District Legal Aid Officer at
SLSA) who gave us this opportunity to partake in this wonderful and memorable
experience as an intern at MPSLSA. I would also like to thank, Mr. Umashankar
Agrawal (Secretary, DLSA Jabalpur) and B.D. Dixit (District Legal aid officer,
DLSA Jabalpur) for arranging our visits and making all of this possible. Their
guidance helped us immensely in understanding the practical aspects of what we
are learning in university and also the applicability of law. I would also like to take
this opportunity to thank all the people who took time out of their busy schedule to
guide and teach us everything we learned so far from this internship.
This internship has added a feather in my cap and I am really fortunate to have
successfully completed this internship. The experience and knowledge I gained
through this internship will no doubt come in handy at a later stage in my life.
Regards
MPSLSA, Jabalpur
Date Activity
The concept of legal aid has spanned across centuries, going back to the year
1919, when Reginald Heber Smith, in his book Justice and Poor, promoted
the concept of legal aid and disparaged the legal profession saying that
access to justice should be open to all without any obligation to pay. Without
equal access to law, he wrote, the system robs the poor not only of their only
protection but places it in the hands of the oppressors, the most powerful
weapon ever invented.
The 14th Report of the Law Commission of India mooted the idea of providing
free legal aid to the poor by the State. The Report highlighted the
responsibility of the legal community to administer the legal aid scheme and
the State to fund legal representation 174 to the accused in criminal
proceedings, appeals, and jails. In 1960, the Union Government initiated the
national legal aid scheme which faced financial shortages and died a natural
death. In 1973, in the second phase, the Union Government constituted a
committee under the chairmanship of Justice Krishna Iyer to develop a legal
aid scheme for states.
The State Government establishes the State Legal Services Authority (SLSA)
and the High Court Legal Services Committee (HCLSC). The State
government also establishes the District Legal Services Authority (DLSA).
Section 11A and 11B of the Legal Services Authority Act deal with the Taluk
Legal Services Committee.
Some functions are common to all authorities. These can be classified into
two types i.e.- Pre-litigation and post-litigation services. The authorities
intend to follow the principle that prevention is better than cure, hence a
large emphasis has been paid to pre-litigation services through legal
awareness, legal camps, legal advice, and legal education.
Interns with Mr. Rajiv Karmahe, Member Secretary and DLAO MPSLSA
1. Give legal services to persons who satisfy the criteria under the act.
2. Conduct Lok Adalats for all types of cases
3. Perform other functions as notified by the central authority to the
state authority from time to time.
The district authority has the following functions that it needs to perform
PRINCIPLES OF MEDIATION
STAGES OF MEDIATION
• Introduction and opening statement
• Joint Session
• Separate Session
• Settlement
ADVANTAGES OF MEDIATION
The Cost Effective and Time saving: The cost incurred in the mediation process
is nominal compared to judicial procedures. It is not mandatory to appoint legal
MPSLSA INTERNSHIP REPORT Page 9
counsels in mediation thus a huge cost is saved. There are no obligatory
procedures like conventional courtrooms hence saving procedural cost fees. The
dispute resolution process is quicker due to the least legal formalities and
procedural flexibilities.
Flexible and creative solutions: There exists no set procedure for mediation thus
providing parties access to a wide range of outcomes. Different mediators have
different styles which are often amended as per the requirements of the specific
case. The resolutions achieved by the process of mediation sometimes aren’t
possible through arbitration or judicial procedures. Both the parties work together
to resolve the dispute among themselves and are free to formulate costomised
solutions as per their requirements.
Confidentiality and privacy: All the information and evidence presented during
mediation is kept confidential thus outside parties do not have access to the
mediation proceedings. Data given to the mediator cannot be used for any other
purpose besides helping the mediator to reach an appropriate resolution. Another
significant benefit of mediation in India is that it is completely private and helps to
protect the public image of the parties. Only the disputing parties and the
appointed mediator is present during the process making it personal and private.
Control and dominion: The parties can choose the time, location, and the
duration of the proceedings giving parties a lot of control. Courts have their own
schedule that is to be adhered to by everyone hence it is not as convenient.
Interns outside the police Control Room with Mr. Pankaj Singh
PHOTOGRAPHY SECTION
Sub Inspector Tribhuvan Nath Tripathi briefed us about the functions and
purpose of the photography section. At the order of Control Room actions
taken by this department that included capturing the photograph of the crime
scene such as murder, accident, suicide and in case of women related
offences they record video of the crime scene. Total Staff number in this
department six members.
FINGERPRINT SECTION
DIAL100
We also visited dial 100 under the guidance of Head Constable Sarovar
Patel. She told us the dialing 100 the caller is connected to Bhopal
Following which the information is passed to the nearest police patrolling
squad. If a couple of times the complain is seen to be unresponsive then the
nearest first response vehicle is dispatched to the caller’s location for
assistance.
Interns with Lady Inspector Ms. Poornima Choudhary at City Surveillance Room
On 8TH May 2023 we went to Omti Police Station, Jabalpur during the visit
the we are made aware of the functioning of the police station, the role of
police in society and the procedural aspects of complaint. A discussion with
the Town Inspector who was in charge of the whole police station and other
officials in the Police Station helped us to understand the procedure of filing
a FIR, the difference between a cognizable and non-cognizable offense and
the role a cop performs in the process of investigation.
During the visit we are made aware of the functioning of the police station,
the role of police in society and the procedural aspects of complaint.
A discussion with the Senior Police Inspector and other officials in the Police
Station helped us to understand the procedure of filing a FIR, the difference
between a cognizable and non-cognizable offense and the role a cop
performs in the process of investigation.
On 9TH May 2023 we visited Central Jail, Jabalpur. It was the first Government
establishment created by the British in 1818 after they took over the city in 1817.
Shaheed Meherban Singh (Malgujar of Tupa) was the first to be hanged in this jail
on the 10 August 1858 for taking part in the 1857 Sepoy Mutiny. Netaji Subhas
Chandra Bose was also imprisoned here by the British. Currently it is the largest jail
of Madhya Pradesh.
We visited the Central Jail under the supervision of Mr. Himansu Tiwari sub
inspector Central Jail Jabalpur. He shared her detailed experience in this jail
which was quite fascinating to say the least. Then he told us that the entire
area of jail is one hundred and nineteen acre and divided into three parts
Poorvi Khand, Paschami Khand, Azaadi khand. Due to the Corona virus
pandemic whenever a new prisoner is admitted into the jail, they are kept in
the Navin ward in corona.
There are 52 isolation cells in which they isolate for 8 days then they are
shifted into general ward. Also, the Court proceedings and examination of
convicts and under trial were being undertaken through virtual mode due to
the pandemic. Within the jail premises proper medical facilities arc provided
for the prisoners. For easy identification of whether a person is convicted or
under trial, there is a system of dress code with under trials being kept in
their civilian clothes and convicted prisoners being kept in jail uniforms.
Separate ward for women is maintained and managed by a group of female
jail officials.
On 12th may 2023 we visited Public Prosecutor’s office which was housed
within the district court of Jabalpur on third floor. Here we met Mr Ajay Jain
District Public Prosecution Officer and Mr. Devarshi Pincha who is an
additional public prosecutor. He briefed us all and gave an in-depth insight
into the working of public prosecutor’s office,
The function of the Public Prosecutor can be divided into two parts that of
during investigation and during trial.
On 13th May 2023 we visited the National Lok adalat organized in District
Court Jabalpur. Its inauguration was done by Justice Sujoy Paul.
We visited the different stalls of Lok adalat situated in district court & with
the help of Mr. Sahid Mohd. And Judges of District Court and other
respected members of various Banks, Board of electricity, Nagar Nigam etc.
We got plenty of Information about the National Lok adalat which get
organized on quarterly basis which is organized by govt.
NALSA along with other Legal Services Institutions conducts Lok Adalats.
Lok Adalat is one of the Alternative Dispute Redressal mechanisms, it is a
forum where disputes/cases pending in the court of law or at pre-litigation
stage are settled/ compromised amicably. Lok Adalats have been given
statutory status under the Legal Services Authorities Act, 1987. Under the
said Act, the award (decision) made by the Lok Adalats is deemed to be a
decree of a civil court and is final and binding on all parties and no appeal
against such an award lies before any court of law. If the parties are not
satisfied with the award of the Lok Adalat though there is no provision for an
appeal against such an award, but they are free to initiate litigation by
approaching the court of appropriate jurisdiction by filing a case by following
the required procedure, in exercise of their right to litigate.
We also interacted with one of the official of E-Challan stall Named - Roshini
Kesharwani (Sub Inspector) there she told us about the procedure of
MPSLSA INTERNSHIP REPORT Page 19
resolution of E-Challan that any person who has E-Challan for breaking the
traffic rules is invited to the NLA and Such person has to pay only the
amount of Challan no further penalty of interest.
Further We interacted with one of the officials of the SBI Named Vaibhav
Tamrakar where he elaborated that One of the main purpose of NLA is to
reduce the number of Litigation under Section- 19,20,22 of Legal Services
Authorities Act, 1987
And for this even bank provides 10-50% reduction on debt if the debtor is
ready to pay the debt amount in one go.
Also Lok Adalat works on the basis of Govt. Norms but banks also provide
similar service which is OTS (one time settlement).
On 15th May 2023 we visited Both Juvenile Justice board as well as Child
Welfare Committee.
The Juvenile Justice Board is an institutional body constituted under Section
4 of the JJ Act, 2015. According to the division of powers, the subject of
administration of criminal justice has been included in the State List (List
II, Schedule VII) of the Indian Constitution. Therefore, one or more than one
Juvenile Justice Board(s) are established by the State Government for each
district. The Board exercises its powers and discharges functions relating to
the ‘child in conflict with law’ as has been defined under Section 2(13) of this
Act.
01 Ensuring informed participation of the child & the parent or the guardian
throughout the process
02 Ensuring protection of the child’s rights throughout the process of arresting the
child, inquiry, aftercare and rehabilitation
03 Ensuring the availability of legal aid for the child through various legal services
institutions
04 Providing a qualified interpreter or translator to the child if he/she fails to
understand the language during the course of proceedings
06 Adjudicating and disposing of cases pertaining to children in conflict with the law
according to the process mentioned in Section 14
08 Disposing of the matter and passing a final order which should include an
individual care plan for the child’s rehabilitation. This also includes follow-ups by
officers or an NGO.
09 Conducting inquiry for declaring that a certain person is fit for taking care of the
child in conflict with the law
On 17th May 2023 we visited the police cyber cell situated n the SP office
premises, Jabalpur. The officials in the cyber cell are very interactive,
helpful, and provided us information regarding the standard operating
procedure for any reported, cyber-crime, different types of cyber-crime, legal
procedure to file complaint and investigation.
We were briefed in detail about the different aspects of cyber cell. The gist
of what we got from the interaction is as follows:
The registration of FIR and investigation procedure is not their work; they
get intonation regarding complaint from the police dept because the
cyber cell is one of the department of police.
The officials of the dept don’t have power to get Call Detail Record (CDR)
On 18th May 2023 we visited old age home Jabalpur where we gather the
information regarding facilities and procedure of old age home.
Old age home means home for the person above age of 60 years and
have no medium and support for livelihood. To support these types of
people the government runs various types of schemes through which the
help is being provided to the old age people.
She told us that this Vraddha Ashram was established by Indian Red Cross
Society recognized by Social Justice Department and inaugurated by Late
Mr. Arjun Singh. The total area of this old age home is around 2 hectare it
consist total 8 rooms and each room have total capacity of 12 sleeping
beds.
At present there are total 35 women and 55 men, the time table is also
determined for their activities like outdoor walk, food and sleep timing etc.
Facility for medical checkup and Proper cure of disease is available at the
place and different kind of therapy is also available.
We also talked to the old age people who are living there for more than 10
years and hear their situation and the condition in which they were rejected
by their own children and relatives.
People visit for the treatment/cure from these addiction for which there are
1-3 months of courses are available.
For First month the requisite fee is 12000/- respectively for second month
11000/- and at last for third month the fee for rehabilitation is 10000/-
Doctors visit the center everyday and take examination of patients and
provide guidance.
There Mr. Anshuman Shukla had explained how various disputes can be
resolved by the mediation of family counseling center.
We were able to gather the information that Swadhar Center has capacity of
only 30 women but currently there are more than 50 women living in the
center is overcrowded.
Mr. Anshuman Shukla also explained their there are all types of freedom to
the women who are living here and no unnecessary restriction, all the work
of cleaning and maintenance of the center is also handled by the women
living here.
Apart from all this the information and practical experience given by Mr.
Sahid Mohd. On the matter of mediation was the most effective which I think
is one of the most important feature of Legal Aid and would be helpful in our
future work field.
SUGGESTIONS
Although the schedule for visit was already prepared but the most of the
visits was not according to that schedule most of the time interns got the
knowledge of particular visit after reaching the DALSA office.
CONCLUSION
Through the State legal service authority from 02.05.2023 to 22.05.2023 our
21 days internship we gathered the practical knowledge of various law and
institutions. The visit gave us the new experience and we got to have a
glance at the practical world of these laws and how these laws are
implemented.
Easy natured Judge Mr. Umashankar Agrawal and DLAO B.D. Dixit Sir gave
us thorough view of the internal activities of Legal service authority and
various institutions which would definitely be helpful into our future
references.
And Last but not least I want to express my Gratitude towards my fellow
Interns who participated in internship program with me and helped in gaining
knowledge and preparing the internship report I will always be grateful.