A few suggestions by Jharkhand State Legal Services Authority (JHALSA)

Transcription

1 14 th All India Meet of the State Legal Services Authority to be held at Hyderabad on 9 th & 10 th April, 2016 Organised by Telangana State Legal Services Authority Agenda for Conclave of Executive Chairpersons & Member Secretaries of State Legal Services Authorities 9 th April, 2016 (Saturday) (2.00 PM to 5.00 PM) A few suggestions by Jharkhand State Legal Services Authority (JHALSA) NYAYA SADAN Near A.G. Office, Doranda, Ranchi Phone : , Fax : jhalsaranchi@gmail.com, Website :

2 National State Legal Services Authority The 14 th All India Meet of the State Legal Services Authorities (Saturday, 9 th April, 2016) (2.00 P.M. to 5.00 P.M.) Index of Agenda Item Nos. Item No. 1 Agenda Notes Confirmation of the Minutes of the 13th All India Meet of State Legal Services Authorities held at Ranchi on 21st 22nd March, Page Nos. 3 Item No. 2 Appointment of Full Time Secretaries, other officers/supporting staff etc. in each District Legal Services Authority. 3 Item No.3 Enhancing quality of Legal Representation. 4 Item No.4 Performance of Legal Services Clinics. A. Care and Support Centres in Village/Community. B. Jail Clinics C. Clinics in Schools/Law Colleges/Universities. 12 Item No.5 Need based Utilisation of Para-Legal Volunteers. 21 Item No.6 Legal Awareness Programmes and School Legal Literacy Programmes. 25 Item No.7 Legal Services to Under Trial Prisoners. 36 Item No.8 Lok Adalats/ /Permanent Lok Adalat/Mediation. 37 Item No.9 Victim Compensation Scheme under Section 357-A, Cr.P.C. 42 Item No.10 Utilization of Grant-in-Aid of NALSA. 48 Item No.11 Any other matter with the permission of the Chair. 49 2

3 Agenda for 14 th All India Meet of the State Legal Services Authorities to be held at Hyderabad on 9 th & 10 th April, 2016 Agenda For (Conclave of Executive Chairpersons & Member Secretaries of State Legal Services Authorities) 9 th April, 2016 (Saturday) (2.00 P.M. to 5.00 P.M.) Item No. 1 Item No. 2 Confirmation of the Minutes of the 13th All India Meet of State Legal Services Authorities held at Ranchi on 21st 22ndMarch, Appointment of Full Time Secretaries, other officers/supporting staff etc. in each District Legal Services Authority. y Action taken for sanction of posts/appointment of full time secretaries in each DLSAs. ¾ Posts for Full Time Secretaries have been created in all the 24 Districts of Jharkhand. At the initiative of Hon ble High Court of Jharkhand and Jharkhand State legal Services Authority, the Govt of Jharkhand has long ago sanctioned the posts of Full Time Secretary, DLSA. However, due to increase in the court matters and shortage of Judicial Officers, the DLSA Secretaries are discharging judicial work during the first half and DLSA work exclusively in the another half. A request has been made to Hon ble High Court of Jharkhand for issuing necessary directions towards empowering the Secretaries of the DLSAs to work as Full Time Secretaries atleast in a few districts where work load is substantive. y Requirement of officers, administerial and supporting staff. ¾ The DLSA is manned by Civil Judge (Sr. Div.) as Secretary with the Principal District Judge as its Chairman. At present the supporting staffs of DLSA are placed on deputation from the concerned Civil Court. The State Legal Services Authority, Jharkhand has recently got its Staff Rule framed and the process of appointing permanent staff for the DLSAs is under process. Suggestion of JHALSA y Request may come from Patron-in-Chief/Executive Chairman, NALSA to all the Chief Justices for appointment of Full Time Secretary in the DLSAs where work load is substantive. y Till the staffs are appointed in the DLSA, the staffs may be appointed on contract basis. 3

4 Item No.3 Enhancing quality of Legal Representation. y Whether the monitoring committees are regularly assessing the progress of cases assigned to Panel Lawyers? Yes. As per Regulation 10 of Free and Competent Legal Services Regulation 2010 of NALSA, Monitoring Committees have been constituted at the District Level to keep a watch on the progress of legal aided cases. y What is the frequency and mode of reporting by Panel Lawyers? ¾ The frequency and mode of reporting by panel lawyers is regulated under Regulation 12 of NALSA (Free and Competent Legal Services) Regulation 2010, as per which monitoring committee is required to submit monthly reports once in two months. y Whether any online Case Tracking System has been developed? ¾ Online Legal Services Tracking System is under advance stage of development in the state of Jharkhand. y Whether any mechanism is available for Panel Lawyers to seek Case Specific Guidance? ¾ Two tier mechanism is available in the state of Jharkhand for panel lawyers to seek case specific guidance: ¾ Firstly on the last Sunday of every month Orientation Programme is organised at each DLSA in which Secretary, DLSA and other Judicial Officers participate with Panel Lawyers where formal and informal interaction with panel lawyers affords opportunity for general guidance as well as case specific guidance. ¾ Secondly, once in every two month in the meeting of district level monitoring committee, case specific or general guidance is given to panel lawyers. States No. of Training programmes conducted for the Panel Lawyers in the State by trained trainers duly trained by NALSA during the year Availability of Remand Advocate in all criminal courts. Jharkhand 24 In 4 districts Remand Advocates have been appointed and in rest of districts Retainer Lawyers/ Panel Lawyers are providing legal aid from the stage of remand. Honorarium being paid to the Remand Advocates. Honorarium as Panel Lawyer. Suggestion of JHALSA for enhancing quality of representation : y Nalsa has taken most befitting step to enhance the quality of Legal Services Panel Lawyers by imparting training of lawyering skill and for this purpose in each state trained trainers have been prepared. Now there is requirement of more TOTs and therefore a list of Resource Persons should be provided to SLSAs to hold such TOTs as per our need to prepare more Trained Trainers to fulfill the demands of various districts.

5 y Development of Legal Services Online Case Tracking & Data Grid System is the call of the hour for enhancing quality of legal representation because it will open the Legal Services Data in Public Domain. y The concerned Legal Services Institution must invoke the provisions of Regulation 15 of NALSA (Free & Competent Legal Services) Regulation, 2010 for engaging suitable Sr. Advocate depending upon the nature of case to improve the quality of legal representation in Court annexed legal services. y Whether any action has been taken to revise the lawyers fees? ¾ Lawyers Fees has been fairly revised in the year The chart is given below: The Jharkhand State Legal Services Authority (Amendment) Regulation, 2013 Notification No. 12 dated and No.13 dt Schedule A (1) Consolidated fee for Legal Aid Counsel for High Court cases (a) Writ petition contempt, LPA, First Appeal, Second Appeal Cr. Revision Cr.Appeal Civil Revision B.A., A.B.A. Quashing matter, CMP, Transfer Petition, Misc. Appeal IA and any other similar application Up to admission stage Rs. 3000/- Drafting fee Rs. 1000/- For final hearing Rs. 3000/- (b) Rs. 1500/- (One Time) Consolidated fee for Legal Aid Counsel for cases before State or Central Level Tribunal or Commission, Board of Revenue, Divisional Commissioner or other like Forum (a) For matters like original application, appeal etc. Up to admission stage Rs. 2500/- Drafting Fee Rs. 1000/- shall be admissible (b) For interlocutory application, restoration, misc. or other like matter Rs. 1000/- (one time) For final hearing Rs. 2500/- Schedule B Fee for Legal Aid Counsels in Subordinate Court Civil Cases (1) Before District Judges including MACT, Family Court, Labour Court (a) For civil appeal Up to admission stage Rs. 1000/- (b) For original Civil, Labour, Matrimonial,, Probate, Rs. 4000/- Succession, Letter of Administration, Arbitration, Land Drafting fee Rs. Acquisition, Insolvency or any other original proceeding 500/- for (a) & (b) (c) For Misc. appeal, restoration application, Transfer application, misc. application etc. (2) Before Civil Judge (Senior or Junior Divisions) Rs. 500/- Rs After final disposal Rs. 2000/- Rs. 1000/- on framing of issues or points, Rs on closure of evidence and Rs on final disposal 5

6 (a) For original suit Rs. 4000/- (Rs. 1000/- at the stage of framing of issues or point, Rs. 1500/- after the closure of evidence and Rs. 1500/- on final disposal) Drafting fee Rs. 500/- (b) For Execution application Rs. 2500/- (one time payment) (c) For any other application or proceeding Rs. 1500/- (one time payment) Criminal Cases (1) Before Sessions Court (a) (b) For cases involving sentence of death or life imprisonment or imprisonment exceeding 7 yrs. For all other Sessions Cases including cases under Spl. Acts (c) Criminal Appeal or Criminal Revision Rs. 2500/- (one time) Drafting fee Rs. 500/- (d) Bail or ABP Rs. 1500/- (one time) (e) Any other application, IA etc requiring hearing in the case. Rs. 500/- per case (2) Before CJM/ ACJM, JM 1st Class or any Judicial Magistrates under Special Act (Be it GR, Public or Private Complaint or the like) Bail application or any other application requiring hearing in the case Schedule-C Rs. 6000/- (1/3 on framing of charge, 1/3 on conclusion of evidence and 1/3 on final disposal) Rs. 5000/- (1/3 on framing of charge, 1/3 on conclusion of evidence and 1/3 on final disposal) Rs. 3000/- (1/3 payment at the stage of framing of charge, 1/3 at conclusion of evidence, 1/3 on final disposal) Rs. 500/- (one time) For cases before District Level Revenue Court or Executive Court i.e. Deputy Commissioner, Addl. Commissioner, DCLR, SDO/SDM, City Magistrates 1. Appeal or original proceeding Up to admission stage Rs. 1000/- For final hearing Rs. 2000/- 2. Misc. appeal, restoration proceeding or other misc. proceeding Rs. 800/- Rs. 1700/- SCHEDULE-D Fee for Mediation A. Honorarium/fee payable at the Level of High Court, JHALSA or HCLSC 1. For successful Mediation/Conciliation Rs per case 2. For unsuccessful Mediation/Conciliation Rs. 500 per case B. Honorarium/ fee at the District or Sub Division Level. 1. For successful Mediation/Conciliation Rs per case 2. For unsuccessful Mediation/Conciliation Rs. 350 per case As the idea of enhancement of Mediation Fee was under consideration from Jan., 2010, we hereby fix the Mediation Fee for the Period from Jan., 2010 till Notification of the above, which is as follows: A. Honorarium/Fee payable at the level of JHALSA/HCLSC 1. For Successful Mediation or Conciliation, per case Rs For un Successful Mediation or Conciliation, per case Rs. 200 B. Honorarium/Fee payable at the District level or Sub Division Legal Services Authority Level 1. For Successful Mediation or Conciliation, per case Rs For un Successful Mediation or Conciliation, per case Rs

7 provided that the fee for unsuccessful Mediation/Conciliation shall be admissible onlyafter putting in efforts in atleast 3 sessions at three different dates. Note:1. Any Mediation or Conciliation proceedings in pre-litigation matters at any level of the Legal Services Authority or Committee shall be treated as taking place at the level of District Legal Services Authority. 1. The newly amended fee structure as above shall be made effective after the Notifications of the Resolution of this General Body Meeting SCHEDULE E Honorarium/Fee Payable 1. Honorarium/Fee Payable a. to Presiding Officer (Retd.) of the Lok Adalat held U/s 19 of Legal Services Authorities Act, 1987 at the High Court Level. Rs.2000/- per sitting of Lok Adalat b. Payable to other Members Rs.1000/- per sitting of Lok Adalat. 2. Honorarium/Fee Payable a. to Presiding Officer (Retd.) of the Lok Adalat held U/s 19 of Legal Services Authorities Act, 1987 at the District or Sub Divisional Level. Rs. 100 per case subject to maximum of Rs.500 per sitting of Lok Adalat b. Payable to other Members Rs.75 per case subject to Rs.375 per sitting of Lok Adalat. 3. Honorarium/Fee payable to Retd Judicial Officers, Legal Aid Counsels or Panel lawyers attached to Legal Aid Clinics, to jails, Juvenile Justice Board, Remand Home, Observation Home, Probation Home, Shelter Home, if deputed by JHALSA, DLSA, HCLSC, SDLSC 4. Honorarium/Fee payable to Legal Aid Counsels/ Panel lawyers other advocates, legal experts, social workers, law students, attending the Legal Aid Clinics, Literacy awareness, or mobile awareness camps in colleges, universities and other places if deputed specially by JHALSA, DLSA, HCLSC, DLSA. 5. Honorarium/ Fee payable for utilization of specific services of the trained Para Legal Volunteers 6. a. Honorarium /Fee payable to outstation lawyers, other legal experts as Resource Person approved by JHALSA/ HCLSC/ DLSA/ SDLSC for imparting training of legal services. b. Honorarium /Fee payable to local lawyers and other legal experts as Resource Person approved by JHALSA/ HCLSC/ DLSA/ SDLSC for imparting training of legal services. Provided also that in appropriate cases with prior approval of the Hon ble Executive Chairman of JHALSA, special honorarium/ remuneration/ fee and other expenses may be sanctioned in favour of any person being invited as Resource Person for any National, State or district Level Conference, Seminar, Workshop, Symposium etc. Rs. 500/- per visit with detailed report of minimum of 5 cases or 5 inmates + expenses. Rs. 350/- per visit+ expenses Rs. 250/- per visit + expenses Rs.1000/- per day + expenses Rs.500/- per day+expenses y Whether it is ensured that all persons in custody who do not have their private counsel, are represented by Legal Services Lawyers at remand, bail etc.? ¾ Yes, It is always ensured. Three tier system is in place in Jharkhand: Firstly, during the time of remand the retainer lawyers assist the arrested person before the Magistrate if he or she is not represented by his/her lawyer. Secondly, the Jail Legal aid clinic ensures that no under trial prisoner who has not yet engaged his/her own choice lawyer remain unrepresented by competent legal services panel lawyer. 7

8 Thirdly, in every jail Para-Legal Volunteers from amongst inmates have been trained and deputed who work as bridge between the inmates requirement of Legal Services and Jail Clinic. This is the way in which it is ensured that all persons in custody who do not have their private counsel, are represented by Legal Services Lawyers at remand, bail etc. Suggestion of JHALSA : y Legal Services Institution should keep details of each & every inmate as to status of their case, court in which case is pending and whether represented by choice Lawyer or Legal Services Lawyer or unrepresented by any Lawyer. y Are training programme for panel lawyers being regularly conducted? ¾ Three panel lawyers have been trained by NALSA under ToT programme in July 2015 at New Delhi and they are imparting Lawyering skills training to the Panel Lawyers in his/her own district as well as other districts and the programme schedule from 1 st Aug., 2015 is as under : Seen in the picture are Hon ble Mr. Justice T.S. Thakur & Hon ble Mr. Justice Anil R. Dave alongwith other dignitaries in the TOT Programme for Panel Lawyers organized by NALSA at New Delhi Date Name of the DLSAs Name of the Master Trainers 1-3 August, 2015 Palamau Sri Prakash Ranjan 1-3 August, 2015 Ranchi Sri Madhusudan Ganguly 1-3 August, Dumka Ms. Kiran Tiwari August, Chatra Sri Prakash Ranjan August, 2015 Deoghar Ms. Kiran Tiwari August, 2015 Gumla Sri Madhusudan Ganguly 3-5 September, 2015 Garhwa Sri Prakash Ranjan 3-5 September, 2015 Giridih Ms. Kiran Tiwari 3-5 September,2015 Jamshedpur Sri Madhusudan Ganguly September, 2015 Godda Ms. Kiran Tiwari September, 2015 Hazaribag Sri Prakash Ranjan September, 2015 Koderma Sri Madhusudan Ganguly 1-3 October, 2015 Jamtara Ms. Kiran Tiwari 1-3 October, 2015 Latehar Sri Prakash Ranjan 1-3 October, 2015 Seraikella Sri Madhusudan Ganguly November, 2015 Lohardagga Sri Prakash Ranjan November, 2015 Pakur Ms. Kiran Tiwari November, 2015 Simdega Sri Madhusudan Ganguly 4-6 December, 2015 Bokaro Sri Prakash Ranjan 4-6 December, 2015 Sahibganj Ms. Kiran Tiwari 4-6 December, 2015 Khunti Sri Madhusudan Ganguly December, 2015 Chaibasa Sri Madhusudan Ganguly December, 2015 Dhanbad Sri Prakash Ranjan Sri Madhusudan Ganguly Sri Prakash Ranjan Ms. Kiran Tiwari 8

9 Paper Clippings of Taining Programme of Panel Lawyers Seen in the picture are Hon ble Mr. Justice M.Y. Eqbal, Judge, Supreme Court of India, Hon ble Mr. Justice Virender Singh, Chief Justice, High Court of Jharkhand cum Patron-in-Chief, JHALSA, Hon ble Mr. Justice D.N. Patel, Judge, High Court of Jharkhand & Executive Chairman, JHALSA, Hon ble Mr. Justice R.R. Prasad, Judge, High Court of Jharkhand & Chairuman, HCLSC (as His Lordship then was) & Sri Rajiv Gauba, Chief Secretary, Govt. of Jharkhand in the Awareness cum Panel Lawyers Training Programme for providing Legal Services other than Court annexed at Nyaya Sadan, Doranda, Ranchi on 16 th May,

10 Seen in the picture is Hon ble Mr. Justice D.N. Patel, Judge, High Court of Jharkhand & Executive Chairman, JHALSA interacting with the participants in the Awareness cum Meeting of Stakeholders to develop a Training Module for the Empanelled Lawyers & Legal Probation Officers attached to Juvenile Justice System on 12 th October, 2015 at Nyaya Sadan, Ranchi at the instance of NALSA and a draft Module has been submitted by JHALSA to NALSA in this regard. 10

11 ¾ Similarly, training of Panel Lawyers in all the Districts is also imparted as per the Yearly programme chalked out by JHALSA and same is held on last Sunday of each month in each district. Seen in the picture are Hon ble Mr. Justice R.R. Prasad, Judge, High Court of Jharkhand & Chairman, HCLSC (as His Lordship then was), Hon ble Mr. Justice D.N. Upadhyay, Judge, High Court of Jharkhand alongwith other dignitaries in the Awareness cum Training of Legal Service Empanelled Lawyers of DLSAs Jamshedpur (Tata Steel City, Jharkhand), Chaibasa and Seraikella-Kharsawan on 19th & 20th September, 2015 at Jamshedpur y Whether more ToTs are required and whether the same can be arranged within the State or region? Yes. More ToTs are urgently required. At present there are only 4 persons trained under ToTs namely; Navneet Kumar, Member Secretary, JHALSA, Ms. Kiran Tiwari, Advocate from Dumka District, Sri Prakash Ranjan, Advocate from Palamau District and Sri M.S Ganguly, Advocate from Ranchi District. Atleast at the rate of one master trainer in each district, 20 master trainers are required for state of Jharkhand and we are ready to conduct ToT Programme in our state or region (more than one state). Suggestion of JHALSA : y There should be a NALSA Calendar for organizing TOT Programme for Panel Lawyer and it should be organized at State/Regional Level and the Resource Persons should provided by NALSA and the expenses shall be borne by Host State. 11

12 Item No.4 Performance of Legal Services Clinics. A. Care and Support Centres in Village/Community. y Whether the frequency of operation of the clinic is sufficient? ¾ No, it is not sufficient. It should operate on all 7 days of the week. Presently the frequency of operation of legal services clinic is 16 days a month including all the Sundays and Wednesdays mandatorily in the State of Jharkhand. Legal Services Clinic in the State of Jharkhand : States Village Community Centre & other places Court JJB Whether Activity Registers are Maintained Jharkhand Yes Activity registers prepared by NALSA are being maintained by the DLSA/SDLSC/LSC Suggestion of JHALSA : y The requirement for Legal Services may arise anytime anywhere therefore Legal Services Clinics should work all seven days. y Whether activity registers are maintained and periodically verified? ¾ Activities Registers are thoroughly maintained. ¾ Three tier activity register monitoring mechanism is in place in State of Jharkhand: Firstly the registers are verified by retainer lawyer and report is submitted to Secretary, DLSA. Secondly, it is verified by the Secretary, DLSA and randomly cross checking is done by talking to the beneficiaries at this level. Finally, the registers are verified at Chairman, DLSA level. y Whether clinics are also engaged in identifying socio-legal issues in the particular area and conducting awareness / literacy programmes on the relevant subject matters. ¾ Jharkhand State Legal Services Authority has identified the socio legal issues for awareness in the State of Jharkhand and has included the same in its Activities Calendar and awareness programmes/ literacy programmes on relevant subject matter are organized in all the 24 districts across the state of Jharkhand. 12

13 Jhalsa Activity Calendar : Socio-Legal issues identified for Awareness Programme Jan Feb Mar Apr May June Government beneficial Maintenance and Protection of Rights Child marriage, Right to Right to Schemes e.g MNREGA, Children Laws, Juvenile Justice, Prisoner Rights, Transgenders, Benefits of ADR, Plea-bargaining, civil laws, Protection of Women from Domestic Violence, PNDT welfare of parents and senior citizens, Anti smoking, Anti ragging, Plea Bargaining, Victim Compensation, Right to Education, of Women and Children, Trafficking of women and children, Female foeticide, Dowry harassment, Witch Craft. PWDV, PNDT women empowerment / gender justice and equality, SC ST Laws, employment, Motor accident cases, Labour laws, Rights of unorganized laborers, Minimum Wages Act, Workmen compensation Act Education, Basic Laws and Constitutional empowerment, Right to Information Act July Aug Sep Oct Nov Dec Cyber crimes, Cyber laws, Children Laws Data of 2015 : Execution of sureties, warrants, Non bailable warrants, Right to competent counsel for trial, right and duties Bail provision, Prohibition Act, Probation of Offenders Act Mediation, Family dispute counseling, importance of institution of marriage, Marriage laws, fundamental duties and other socio-legal issues etc. Psycho social issues like Mental Health Act, Wards and Guardianship Act Property rights, Accident cases, Traffic rules and grievances. HIV/AIDS General laws, Disability Laws, Human Rights Number of Legal literacy programmes/awareness Programmes conducted at school level. Number of Legal literacy programmes/awareness Programmes conducted at Community Level for Govt officials, Sr. Citizen, professionals,youth etc. 607 (On Fundamental Duties) 602 (On other Topics) B. Jail Clinics y Whether set up in all jails? ¾ Yes, Jails Legal Services Clinics have been setup in all 25 Jails in Jharkhand and same are functioning. ¾ The Jail Legal Services Clinic are manned by 52 Jail Legal Aid panel lawyers and 123 PLVs out of jail inmates. y Is their frequency of operation sufficient? ¾ Yes, the frequency of operation is sufficient as under ¾ Jail inmates trained and enrolled as para legal volunteers provide legal services and advice on all the six week days. ¾ Panel Lawyers visit jail legal aid clinic two days a week for expert advice and legal services. y Whether Jail Clinics reach out to all under-trial prisoners and maintain records of their status with regard to engagement of counsel, bail, final results of the case etc.? ¾ Yes, Jail clinics are able to reach out to each and every under trial prisoner and records of their status with regard to engagement of counsel, bail and final result of cases etc are duly maintained. ¾ Jail clinics reach out to all under trial prisoners through jail inmates trained and enrolled as PLVs, Panel Lawyers and Secretary, DLSA. 13

14 Modalities of duties prepared by JHALSA to be assigned to the Jail Inmates enrolled as PLV 14

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16 ¾ Jails clinics are doing wonderful work in jails and on the particular day all the inmates are duly informed about the sitting of the panel lawyers on the legal aid clinics to take legal advice including engagement of counsel etc. Suggestion of JHALSA : y Jail Clinics should be developed as DLSA s extention counter considering the nature and scope of legal services required to be provided to jail inmates depending upon number of inmates. y How are the grievances handled? ¾ Under-trial Prisoner Grievance Redressal Mechanism as developed in the State of Jharkhand and followed here is as under: a. Every Jail has Legal Aid Clinic duly run by DLSA and visited by DLSA Panel Lawyer. Under trial prisoners are approached by the Panel Lawyers in the Jail Premises as also in the Legal Aid Clinic of the Jail and Report is submitted to the Secretary, DLSA on the same date. b. In every Jail there are PLVs from amongst the Jail inmates and the grievances of co-prisoners are intimated by these PLVs also to the concerned DLSA. c. The Superintendent of Jails forward the application of under-trial prisoners to the Legal Services Institution (DLSA,/HCLSC/SLSA) d. Jail Adalat is conducted once in every month and same is attended by the Judicial Officers and Secretary, DLSA and Legal Awareness is also conducted every month by the DLSA. C. Clinics in Schools/Law Colleges/Universities. y Whether setup in all Law Schools in the State? ¾ Yes at present there are 9 such clinics are operational in Law Colleges/Universities. ¾ Further there are 112 literacy clubs functioning in the schools of state of Jharkhand States No. of Legal Services Clinics. No. of persons visited schools/ School/Colleges/Universities colleges/universities/clinics. Jharkhand Colleges/Universities-9 Legal Literacy Clubs in Schools ¾ 166 Essay, Slogan and Drawing Competition on Fundamental Duties were organized in the schools - both Govt. and Private Schools across the State of Jharkhand and prizes were distributed to the students. 16

17 Seen in the picture is Mrs. Amita Thakur giving the prize to the winner of essay/slogan/drawing competition on Fundamental Duties in Ranchi, Jharkhand. Seen in the picture is Mrs. Meena Anil Dave giving the prize to the winner of essay/slogan/drawing competition on Fundamental Duties in Ranchi, Jharkhand. Seen in the picture is Mrs. Savita Lokur giving the prize to the winner of essay/slogan/drawing competition on Fundamental Duties in Ranchi, Jharkhand. Seen in the picture is Mrs. Pradeep Kaur giving the prize to the winner of essay/slogan/drawing competition on Fundamental Duties in Ranchi, Jharkhand. Seen in the picture is Mrs. Giraben D. Patel giving the prize to the winner of essay/slogan/drawing competition on Fundamental Duties in Ranchi, Jharkhand. ¾ Legal Services Clinic has been opened in Old Age Home for providing benefits of (i) Old Age Pension Scheme, (ii) the Senior Citizen Act, 2007 and other Legal Services to the senior citizen. 17

18 Seen in the picture are Hon ble Mr. Justice Virender Singh, Chief Justice, High Court of Jharkhand cum Patron-in-Chief, JHALSA & Hon ble Mr. Justice D.N. Patel, Judge, High Court of Jharkhand & Executive Chairman, JHALSA & Dr. Hemlata S. Mohan, Director & Pricipal, DPS, Bokaro inaugurating the Legal Literacy Club at DPS, Bokaro on 28 th November, 2014 y Whether the clinics undertake outreach programmes for marginalised sections of the society? Seen in the picture are Hon ble Mr. Justice Prakash Tatia, Chief Justice, High Court of Jharkhand (as His Lordship then was), Hon ble Mr. Justice D.N. Patel, Judge, High Court of Jharkhand & Executive Chairman, JHALSA, Hon ble Mr. Justice N.N. Tiwari, Judge, High Court of Jharkhand (as His Lordship then was), Hon ble Mrs. Justice Jaya Roy, Judge, High Court of Jharkhand alongwith other dignitaries in the inaugurating Legal Services Clinic at Ranchi Institute of Neuro-Psychiatry and Allied Sciences (RINPAS) ¾ Yes, the Law Students visit the Clinics opened by Legal Services Institutions in small groups to reach the marginalised sections of the society, tribal people, widow, women, children, victims of undeserved want, differently abled persons both mentally and physically. ¾ The legal literacy club students under the guidance and supervision of their teacher (I/c of Literacy Club) undertake programme in neighbouring areas to outreach common people for creating awareness on cleanliness, education and female foeticide etc. ¾ Legal Service Clinic has been established at Ranchi Institute of Neuro-Psychiatry and Allied Science (RINPAS) for providing Quality Responsive Legal Services to Mentally Challenged Persons on the spot itself. 18

19 Snaps of Success Stories providing Responsive & Quality Legal Services to Mentally Challenged Persons Five Females Tribals suffering from mental illness were coming from Tiruanantpuran and they were received at Ranchi Railway Station by the officers of JHALSA along with Panel Lawyer of RINPAS, Ranchi and they were admitted to RINPAS and Ranchi and Jamshedpur, DLSA were directed to identify their family members for their rehabilitation. Effective Legal Aid to Mentally Challenged Persons 19

20 Quality & Responsive Legal Services to Women suffering from Naxal Violence One Naxal Victim handicapped lady named LUGNI who can t even move on her leg and was abducted and raped by Naxals in the year 2011 and due to that she gave birth of her boy child. She made appeal through media for adoption of her 3-year old son, because she is unable to look after him. Immediately State and District Legal Services Authority sprung into action and on their intervention the said tribal boy was put under Foster Care and quality education was ensured to him. And the District Administration has provided her all the benefits under Social Security Schemes. y Whether they can be utilized to conduct social and legal research? ¾ The Senior students of the Universities can be utilised to conduct social and legal research, particularly on the condition of the victims of social evils like gender violence, ethnic violence, witch practice, child marriage, dowry, superstitions etc. and the kind of Legal Services & Govt. Beneficial Schemes that would ameliorate their sufferings. ¾ Apart from above the law students are being engaged in the legal awareness and sensitization programme conducted in jail by the DLSA for providing legal services to under trial prisoners. Suggestion of JHALSA : y Legal Literacy Club should be opened in each and every school from middle school level so that young citizens may be made aware of and sensitized about the laws and socio-legal issues of the land. y Legal Services Clinic should be opened in every Law College, Universities and Other reputed institutions for quality and responsive justice at door step. y One Legal Aid Clinic may be established in chamber of commerce to deal with their disputes. y One Legal Aid Clinics is urgently required to be established in the old age home to look after the pensionary needs as also other needs of senior citizens. 20

21 Item No.5 Need based Utilisation of Para-Legal Volunteers: y Whether the daily activity registers are being used or are there any modifications suggested? ¾ Recently, the Registers provide by NALSA in Nov 2015 as under have been circulated in all the districts 1. Daily Activity Register 1200 Nos of registers have been printed by JHALSA and circulated amongst the DLSA/SDLSC to maintain its on day to day basis without fail. 2. Register for Issuance of Daily Activity Register 300 Nos have been printed by JHALSA and circulated amongst the DLSA/SDLSC 21

22 and 3. Register for Daily Activities of the Legal Services Clinic 1200 Nos have been printed by JHALSA and circulated amongst the DLSA/SDLSC y Nature of activities carried out by PLVs. ¾ Firstly, Para Legal Volunteers in the state of Jharkhand carry out the duties as envisaged in NALSA Revised Scheme. ¾ Para Legal Volunteers in the state of Jharkhand are members in each of the 7 team constituted in each district of the State of Jharkhand for implementing the recently launched NALSA 7 schemes. ¾ Over and above the PLVs in the State of Jharkhand carry out following duties as well. 1. Organising Awareness Programme to make people aware of their right to get Legal assistance through the legal services institutions. 2. Helping the family of child missing or child trafficking through the DLSA in recovery and rehabilitation of the child. 3. Organising programme to make people aware of benefit of Mediation, Conciliation and Permanent Lok Adalat. 4. Helping the victim of Crime to approach the DLSA for compensation under the Victim Compensation Scheme of the State of Jharkhand. 5. Helping the people to get benefit of the Govt. beneficial schemes. 6. Participating in the programmes of the DLSA. 7. Referring people to the DLSA for Legal assistance. 22

23 8. Participating in the capacity building Programmes organized by the Legal Services Institutions. 9. Visiting the Jail, Hospital, Observation Home, Probation Home, Govt. offices in connection with Legal Services Activities. 10. Resolving Family dispute or other dispute in the locality. 11. Maintaining record of daily activities. 12. Submitting record of activities to the DLSA every month. 13. Distributing publicity materials on Legal Services, govt. beneficial Schemes as well as Legal Literacy Literature published by NALSA and JHALSA on important Legislations 14. Reporting the DLSA about the violation of Child Rights, Communal harmony and Naxal Victims. 15. Making himself well aware in the locality and ensuring his easy access so that people may feel free to approach him for legal assistance. Suggestion of JHALSA : y Considering the nature and scope of PLVs work expanding day by day, they should be given one day remuneration (Rs. 400) as mobile charge for effectively connecting with common people. y What kinds of specialised training if any is required for PLVs? ¾ A society is judged on the criteria as to how it treats its women, sr.citizens, differently-abled persons, inmates, weaker and marginalised sections of population/society etc. NALSA has recently launched seven schemes for weaker and marginalised sections of the society, therefore specialised training on those schemes is required for PLVs because PLVs are harbingers and main workforce of Legal Services Institutions at grass root level. Seen in the picture are Hon ble Mr. Justice Virender Singh, Chief Justice, High Court of Jharkhand cum Patron-in-Chief, JHALSA & Hon ble Mr. Justice D.N. Patel, Judge, High Court of Jharkhand & Executive Chairman, JHALSA &Hon ble Mr. Justice V.N. Sinha, Judge, Patna High Court (as His Lordship then was) Workshop on Capacity Building of PLV on 7th February, 2015 at Nyaya Sadan, Doranda, Ranchi. 23

24 Suggestion of JHALSA : y To create well trained force of PLVs for each of the 7 schemes of NALSA, there should be calendar of SLSA for specialized training of PLVs related to topics mentioned in NALSA 7 Schemes. Such training should be organized at District Level as also at group of Districts & State Level. ¾ Those schemes are as under: 1. NALSA (Victims of Trafficking and Commercial Sexual Exploitation) Scheme, NALSA (Legal Services to the Workers in the Unorganized Sector) Scheme, 2015, 3. NALSA (Child Friendly Legal Services to Children and their Protection) Scheme, 2015, 4. NALSA (Legal Services to the Mentally Ill and Mentally Disabled Persons) Scheme, 2015, 5. NALSA (Effective Implementation of Poverty Alleviation Schemes) Scheme, 2015, 6. NALSA (Protection and Enforcement of Tribal Rights) Scheme, 2015, 7. NALSA (Legal Services to the Victims of Drug Abuse and Eradication of Drug Menace) Scheme, 2015 ¾ In order to reach the benefits of NALSA Schemes to the needy and victims a well planned strategic move has been initiated by Jharkhand State Legal Services Authority by formulating Standard Operating Procedure (SOP) under which team members constituted for effective implementation of 7 NALSA Schemes. Recently SOP has been revised in the light of NALSA s guidelines vide NALSA Letter No. F.No. L/23?2015/NALSA dated 26 th February,

25 Item No.6 Legal Awareness Programmes and school Legal Literacy Programmes: States Melas/ Street Plays Radio/TV Others (Specify) Total Exhibition Jharkhand In association with an NGO, ASHA the nukkad natak on various social evils Witchcraft, Dowry, Female foeticide etc are being organized in every district. 54 On AIR - half hourly programme on every Friday and on Doordarshan half hourly programme on every Tuesday 4646 Legal Awareness programmes are organized on various legal topics concerning women, children, differently abled persons, SC/ST, UTP and persons suffering from undeserved want y Best practices adopted by the SLSAs. ¾ Legal awareness programmes are organised at Mohalla, Tola, Basti, Village, Block, District and State level. Programme at state level is organised by Jharkhand State Legal Services Authority and at remaining level the same are organised by DLSA. Hon ble Mr. Justice D.N. Patel, Judge, High Court of Jharkhand & Executive Chairman, JHALSA addressing the student of DAV School, Bariatu in the Legal Literacy Programme on 28 th November, 2014 ¾ As on date the number of Legal Awareness programmes organised at State level by JHALSA is 19 (January, 2015 to February, 2016) 1. One Day Workshop On Role of Principal Judges in Family Court Matters & Victim Emancipation through Compensation On 20th February, 2016 (Saturday) at Nyaya Sadan, Doranda, Ranchi 2. Training of Legal Aid Lawyers associated with Juvenile Justice Board & Child Welfare Committees on 12th February, 2016 (Friday) at NYAYA SADAN, JHALSA, Ranchi 25

26 3. Inaugural Ceremony of New Children Home at ITI Campus, Hehal, Ranchi on 7th February, 2016(Sunday) 4. Inaugural Ceremony of Legal Literacy Club followed by Micro Legal Literacy Camp at Centre for Bioinformatics, Santosh College of Teacher Training & Education, Balsiring, Tupudana, Ranchi 5. State Level Colliquium on Victim-Emancipation through Compensation 6. Two Days Training Programme on NALSA 7 Schemes on 18th-19th December, 2015 at Ranchi 7. Meeting of Stakeholders for develop a Training Module for the Empanelled Lawyers & Legal Probation Officers attached to Juvenile Justice System on 12th October, 2015 at Nyaya Sadan, Ranchi 8. State Level Capacity Building Workshop for JJB and Legalcum-Probation Officers for Effective Implementation of Juvenile Justice Act in Jharkhand on October, 2015 at Hotel Lee Lake, Ranchi 9. Convention-cum-Advance training of Mediators at Dumka 10. Training of Legal Service Empanelled Layers of DLSA Jamshedpur, Chaibasa and Seraikella Kharsawan on 19th & 20th September, 2015 (Saturday & Sunday) at Jamshedpur (Jharkhand) 11. Revolution in Juvenile Justice System : Connected Through Video Conferencing with Juvenile Justice Board on 28th August, COLLOQUIUM ON COMMITMENT OF STATE FOR CHILD IN NEED OF CARE AND PROTECTION on 23rd August, 2015 (Sunday) 13. Orientation & Induction Training Programme for the Para Legal Volunteers of Hazaribagh, Giridih & Koderma under the NALSA Scheme for PLVs (Revised) at Koderma on 21st to 25th July, Valedictory Session of Training Programme of Para Legal Volunteers (From 17th to 21st June, 2015) at Civil Court, Ranchi 15. State Level Colloquium on the Role of Legal Services Authorities in Effective Implementation of Government Beneficial Schemes including the Schemes for Workers of Unorganised Sector at Nyaya Sadan, Doranda, Ranchi on 16th May, 2015 (Saturday) 16. Workshop on Capacity Building of PLV, Strengthening of Legal Aid Clinic and Disaster Management (Quick Response by Legal Services Institutions during Natural or Man-made 26

27 Disaster) on 7th February, 2015 at Nyaya Sadan, Doranda, Ranchi. 17. Inauguration of Legal Literacy Club at DPS Ranchi and Ranchi Sahodaya School Complex as well as Prize Distribution to Winners of Essay Competition on Fundamental Duties. on 31st January Opening of Village Legal Care and Support Centre,Sahyog Village Premises, Dugdugia and Special Lok Adalat On in Khunti Judgeship 19. Workshop on Protection of Women from Domestic Violence on 18th January 2015 at Nyaya Sadan, Doranda Ranchi. ¾ The number of Legal Awareness Camps organised at District level by DLSAs : 4383 ¾ No. of School Legal Literacy Programmes : 1209 ¾ No. of Legal Literacy Programmes at Community level : 3411 ¾ No. of Essay Competition / Slogan Writing / Drawing Competition on Fundamental Duties at school level : 166 Awareness Programme for Women Seen in the picture are Hon ble Mr. Justice Virender Singh, Chief Justice, High Court of Jharkhand cum Patron-in-Chief, JHALSA & Hon ble Mr. Justice D.N. Patel, Judge, High Court of Jharkhand & Executive Chairman, JHALSA in the State Level Awareness Programme on Domestic Violence on 18th January 2015 at Nyaya Sadan, Doranda Ranchi. 27

28 Awareness Programme for Children Seen in the picture are Hon ble Mr. Justice Virender Singh, Chief Justice, High Court of Jharkhand cum Patron-in-Chief, JHALSA, Hon ble Mr. Justice Prashant Kumar, Judge, High Court of Jharkhand, Hon ble Mr. Justice H.C. Mishra, Judge, High Court of Jharkhand, Hon ble Mr. Justice Sujit Narayan Prasad, Judge, High Court of Jharkhand (as His Lordship then was), Mrs. Pradeep Kaur, Mrs. Poonam Mishra alongwith other dignitaries in the Opening of Legal Aid Clinic at Special Adoption Agency, Sahyog Village Premises, Dugdugia and Special Lok Adalat On in Khunti Judgeship Child Friendly Police Station Establishment of 27 Child Friendly Police Stations in the State of Jharkhand Hon ble Mr. Justice D.N. Patel, Judge, High Court of Jharkhand & Executive Chairman, JHALSA granting certificate of Child Friendly Police Stations & other dignitaries present are Sri D.K. Pandey, IPS, DGP, Jharkhand & Ms. Sampat Meena, IPS, IG, CID on 18 th August,

29 Awareness Programme for Children Seen in the picture are Hon ble Mr. Justice Virender Singh, Chief Justice, High Court of Jharkhand, Hon ble Mr. Justice Navin Sinha, Chief Justice, Chhattisgarh High Court, Dr. Louis Marandi, Hon ble Minister, Social Welfare Women & Child Development Department, Hon ble Mr. Justice D.N. Patel, Judge, High Court of Jharkhand & Executive Chairman, JHALSA, Hon ble Mr. Justice R.R. Prasad, Judge, High Court of Jharkhand & Chairman, HCLSC (as His Lordship then was) alongwith other dignitaries in the State Level Legal Awareness Programme for Child in Need of Care and Protection on 23rd August, 2015 Hon ble Mr. Justice D.N. Patel, Judge, High Court of Jharkhand & Executive Chairman, JHALSA watching Full fledged e-enquiry after inauguration in Juvenile Justice Board by establishing Video Conferencing between Juvenile Justice Board & Observation Home on 28th August,

30 Hon ble Mr. Justice D.N. Patel, Judge, High Court of Jharkhand & Executive Chairman, JHALSA addressing in the State Level Capacity Building Workshop for JJB and Legal-cum-Probation Officers for Effective Implementation of Juvenile Justice Act in Jharkhand on October, 2015 at Hotel Lee Lac, Ranchi. y Publishing of Booklets/Pamphlets etc. and subjects covered. ¾ JHALSA spreads Legal Awareness by Publishing of Booklets/ Pamphlets etc. with respect to Legal Aid Services, different Schemes of NALSA and Government, different laws in lucid language and distributing the same among the common people. Legal Awareness Booklets 30

31 Legal Awareness Pamphlets 31

32 y Use of innovative method for spreading awareness like AIR/ Doordarshan, film/documentaries/nukkad natak/puppet shows/ fairs. ¾ The Jharkhand State Legal Services Authority has been using innovative methods for spreading awareness like AIR/ Doordarshan, film/documentaries/nukkad natak/puppet shows/ fairs and in this regard the following steps has been taken: 1) The Legal Services Programme namely Kanoon ki Baat is broadcast / aired for half an hour: y on Doordarshan - every Tuesday y on All India Radio - every Friday JHALSA prepares Programme Schedule for Kanoon Ki Baat well in advance as under : All India Radio : January 2016 (Date of Broadcast) (Friday) (Friday) (Friday) (Friday) (Friday) Resource Person Sri Rajni Kant Pathak, Secretary, DLSA, Ranchi Sri Uday Shankar Chourasia, Retainer Lawyer Ms. Manisha Rani, Advocate Mediator Sri Alok Kumar Mishra, Panel Lawyer L.K. GIri, Advocate Mediator Topic/Subject NALSA (Victims of Trafficking and Commercial Sexual Exploitation) Scheme, 2015 NALSA (Legal Services to the Workers in the Unorganized Sector) Scheme, 2015 NALSA (Child Friendly Legal Services to Children and their Protection) Scheme, 2015 Prisoners Rights Benefits of ADR Doordarshan Ranchi January 2016 Resource Person Topic/Subject (Tuesday) 1. Sri Rajni Kant Pathak, Secretary, DLSA, Ranchi 2. Sri Vinod Kumar Sahu, Panel Lawyer (Tuesday) 1. Sri Md. Shakir, AJC II, Ranchi 2. Sri Nitya Nand Singh, Panel Layer NALSA (Victims of Trafficking and Commercial Sexual Exploitation) Scheme, 2015 NALSA (Legal Services to the Workers in the Unorganized Sector) Scheme, ) Legal Awareness film on Witch Craft and Lok Adalat namely Kahani Phulbasia ki has been prepared by JHALSA and the same has been shown at different places in Mobile Legal Awareness Camps. Awareness and publicity programme through TV, Radio, Community Radio 32

33 3) Different Schemes of NALSA and Government is being displayed on LED display Board for spreading awareness among the common masses. Seen in the picture are Hon ble Mr. Justice M.Y. Eqbal, Judge, Supreme Court of India, Hon ble The Chief Justice Virender Singh, Hon ble Mr. Justice D.N. Patel & Hon ble Judge of High Court of Jharkhand alongwith Sri Rajiv Gauba, Chief Secretary, Govt. of Jharkhand during inauguration of LED Display Board on at Nyaya Sadan, JHALSA 33

34 4) Nukkad nataks organized at village and blocks of different Districts with the help of NGOs. Nukkad Natak highlighting the evils of witchcraft Nukkad Natak by the students of NUSRL, Ranchi on Domestic Violence 34

35 Seen in the picture are Mrs. Savita Lokur, Mrs. Pradeep Kaur, Mrs. Giraben D. Patel, Mrs. Kalpana Prasad, Mrs. Alka Shrivastava, Mrs. Atula P. Bhatt, Mrs. Sushila Gupta, Mrs. Sweety Topno & Dr. Rashmi alongwith other dignitaries in the Micro Legal Literacy Camp at the outskirts of Ranchi on ) JHALSA has time to time installed Legal Awareness/Legal Services Stall in different fairs and melas i.e. Jharkhand Saras mela, Swadeshi Mela etc and it received good response from the people. Seen in the picture are Hon ble Mr. Justice Virender Singh, Chief Justice, High Court of Jharkhand cum Patron-in-Chief, JHALSA, Hon ble Mr. Justice D.N. Patel, Judge, High Court of Jharkhand & Executive Chairman, JHALSA & Hon ble Mr. Justice R.R. Prasad, Judge, High Court of Jharkhand & Chairman, HCLSC (as His Lordship then was) in the Legal Awareness Stall of JHALSA at Rashtriya Khadi evam Saras Mela on Suggestion of JHALSA : y NGO/Local Artists should be engaged by Legal Services Institution for Nukkad Natak on Socio-Legal Issues at Mohalla / Tola / Basti / Village / Panchayat / Block Level to have maximum impact. 35

36 Item No.7 Legal Services to Under Trial Prisoners: y How many UTPs have been released pursuant to the directions of Hon ble Supreme Court of India? ¾ 30 UTPs have been released pursuant to the directions of Hon ble Supreme Court of India. y Whether the Committee constituted by DLSAs to look into cases of UTPs eligible for bail u/s 436 A Cr.P.C, regularly monitoring and reviewing all eligible cases? ¾ Yes, the Committee is constituted by DLSAs to look into the cases of UTPs eligible for bail U/s 436 A Cr.P.c., regularly monitoring and reviewing all eligible cases. ¾ In order to provide prompt legal services to Under Trial Prisoner, Jail inmates have been trained & deputed as PLVs in every jail in Jharkhand. Sl. No. Name of District Jail Inmates enrolled as PLV Sl. No. Name of District Jail Inmates enrolled as PLV 1 Bokaro Dhanbad 5 2 Jamshedpur Garhwa 4 3 Chatra Pakur 4 4 Chaibasa Jamtara 3 5 Ranchi Deoghar 3 6 Hazaribagh 6 18 Dumka 2 7 Khunti 6 19 Lohardagga 2 8 Sahebganj 6 20 Giridih 2 9 Godda 6 21 Gumla 2 10 Seraikella 6 22 Simdega 1 11 Latehar 5 23 Koderma 0 12 Palamau 5 TOTAL 123 Suggestion of JHALSA : y Just like a hospital consists of different wards, disease-wise, similarly Legal Servics centres in jails clinics should also have different cells to look after the Legal Services needs of inmates like Magisterial Trial Inmates, Session Trail Inmates, Inmates whose matters/appeals are pending in High Court and inmates whose matters/appeals are pending in the Supreme Court and each cell should be manned by Panel Lawyers, Jail PLVs & one Judicial Officer should be incharge of the cell. There should one more cell in Jail Clinic to look after the other miscellaneous matters such as food, cloth and medical facility. 36

37 Item No.8 Lok Adalats//Permanent Lok Adalat/Mediation: Seen in the picture are Hon ble Mr. Justice Virender Singh, Chief Justice, High Court of Jharkhand cum Patron-in-Chief, JHALSA, Hon ble Mr. Justice Prakash Tatia, Former Chief Justice, High Court of Jharkhand & Chairman, Armed Force Tribunal, New Delhi, Hon ble Mr. Justice D.N. Patel, Judge, High Court of Jharkhand & Executive Chairman, JHALSA & Hon ble Mr. Justice R.R. Prasad, Judge, High Court of Jharkhand & Chairman, HCLSC (as His Lordship then was), Sri Rajiv Ranjan, Chairman, Jharkhand State Bar Council & Sri Binod Poddar, Advocate General, Jharkhand in the National Lok Adalat at y developing a mechanism for assessing the impact of Lok Adalats on pendency reduction in Courts? ¾ Database System in every district is being put in place so that by the end of every quarter one should analyse as to how much pending cases have been disposed of through Lok Adalat. Once such mechanism is put in place, then the impact of Lok Adalats on pendency reduction in Courts will easily be reviewed at the end of every quarter. y Report of performance of State Authorities in Lok Adalats and Mediation. ¾ It is regularly maintained & transmitted to National Legal Services Authority. Cases Settled by Lok Adalat in Jharkhand Year No. of Cases Settled Total No. of Cases Amount Awarded/ Pre-lItigation Post-Litigation Settled Settled

38 A Detailed Report of the performance of the 23 District Mediation Centres of Jharkhand and High Court Mediation Centre, Nyaya Sadan, Ranchi (For the Whole Year 2015 and January 2016 & February, 2016) District Mediation Centres of Jharkhand Jharkhand High Court Mediation Centre a. No. of Mediation Centres b. Referral c. Settled d. Unsettled 38 e. Non- Starters f. Connected Cases g. Pending Cases h. Success % Ranchi % Palamau % Godda % Giridih % Hazaribagh % Chaibasa % Chatra % Seraikella % Simdega % Deoghar % Garhwa % Lohardagga % Jamshedpur % Bokaro % Koderma % Dhanbad % Jamtara % Pakur % Dumka Gumla Latehar Sahibganj Khunti Total Average Success Rate : 49.36% January, 2016

39 a. No. of Mediation Centres b. Referral c. Settled February, 2016 d. Unsettled e. Non- Starters f. Connected Cases g. Pending Cases h. Success % Godda % Koderma % Lohardagga % Hazaribagh % Gumla % Khunti % Ranchi % Pakur % Giridih % Dhanbad % Deoghar % Dumka % Seraikella % Garhwa % Palamau % Jamshedpur % Jamtara % Bokaro % Chatra % Chaibasa Latehar Sahibganj Simdega Total Average Success Rate : 51.03% Above 70% Above 60% Above 50% Below 50% Success Rate Calculation Formula c c + d x 100 Average Success Rate : 62% (approx) Jharkhand High Court Mediation Centre January 2016 Name of the Mediation Centre Referral Settled Un-settled Non-Starters Connected Cases Pending Cases Jharkhand High court Mediation Centre February 2016 Name of the Mediation Centre Referral Settled Un-settled Non-Starters Connected Cases Pending Cases Jharkhand High court Mediation Centre Average Success Rate : 69% (approx)

40 A Detailed Report of the performance of the 23 District Mediation Centres of Jharkhand and High Court Mediation Centre, Nyaya Sadan, Ranchi (From the month of January 2015 to December, 2015) No. of Mediation Centres Referral Settled Unsettled Non-Starters Connected Cases Average disposal for the last twelve months % of success Seraikella % Simdega % Ranchi % Pakur % Jamshedpur % Sahibganj % Godda % Chatra % Dhanbad % Gumla % Lohardagga % Palamau % Jamtara % Giridih % Bokaro % Deoghar % Hazaribagh % Chaibasa % Latehar % Garhwa % Dumka % Khunti % Koderma % Total Average percentage of 23 District Mediation Centres of Jharkhand : 45.19% in the year 2015 Above 70% Above 60% Above 50% Below 50% Success Rate Calculation Formula c c + d x 100 Name of the Mediation Centre Jharkhand High Court Mediation Centre Jharkhand High Court Mediation Centre Referral Settled Unsettled Non- Starters Connected Cases Average disposal for the last twelve months % of success % Average percentage of Jharkhand High Court Mediation Centre : 51.74% in the year

41 y Number of Permanent Lok Adalats in each of the State, pendency and disposal. ¾ State of Jharkhand No. of PLA Year No. of Cases Settled Pending cases in PLA till January Suggestion of JHALSA : y Need based Continuous Lok Adalat under section 19 of Legal Services Authourity Act 1987 is required to be constituted so that as and when the matter is referred under section 89 of CPC, the matter may be taken up in continuous Lok Adalat same day and parties may not have to wait till the appointed date of the month when the Lok Adalat is scheduled to be organised (For example Lok Adalat is organised on Last Saturday of the Month in Jharkhand) y It is the need of the hour to have Lok Adalat Division, Mediation Division and Legal Aid Division in each DLSA so that in effective manner care and attention may be given to each of them. y Serving Judicial Officer should be appointed as Chairman, PLA in view of (i) the increase of pecuniary limit upto Rs. 1 Crore and addition of 2 new subject matters namely : Real Estate & Educational Institutions and (ii) need for actualizing the services of PLA upto the level of District Court for the benefit of common people in public utility matters. y Continuous Intensive Training of Referral Judges must be conducted on regular basis and for this purpose NALSA should prepare a panel of resource persons of national repute so that the SLSAs may invite them from time to time. y Non-Advocate Mediators Like experts, retrired senior bureaucrats, retired senior executives etc should be included in the panel of mediators as per the mandate of rule 5(c) of Mediation Rules 2015 so that their expertize may be utilized in complex or highly technical matters. 41

42 Item No. 9 Victim Compensation Scheme under Section 357-A, Cr.P.C. y Whether the disposal of the fund under the Victim Compensation Scheme is with the Legal Services Institutions or with some other Authority in the State? ¾ As per the Jharkhand Victim Compensation Scheme, 2012, the Victim Compensation Fund is operated and controlled by the Director, Prosecution, Govt. of Jharkhand. y Implementation of the Central Government Victim Compensation Scheme where the State is having its own Victim Compensation Scheme. ¾ Central Victim Compensation Fund Scheme (effective from 21st August, 2015) has not been implemented in the State of Jharkhand and most of the other states because amount payable under the Jharkhand State Victim Compensation Scheme as also other States Scheme is much below the Central Scheme and the essential requirement to access funds from Central Victim Compensation Fund is that the quantum of compensation notified should not be less than the amount mentioned in annexure-1 to the Central Scheme. ¾ Comparative chart showing disparities in the Compensation amount payable to victims of offence SI. No. Particular of Loss or Injury Minimum Amount fixed under the CVCF Jharkhand M.P. Delhi U.P. J & K Bihar Rajasthan Uttrakhand Himachal Pradesh Punjab 1 Death Rs. 2 Lakh Rs. 2 Lakh Rs. 2 to 4 Lakh Rs. 3 to 5 Lakh Rs. 1.5 to 2 Lakh Rs. 1 to 2 Lakh Rs. 1 Lakh Rs. 2 Lakh Rs. 2 Lakh Rs. 1 Lakh Rs. 1 Lakh 2. Rape Rs. 3 Lakh Rs thousand Rs. 2 to 3 Lakh Rs. 2 to 3 Lakh Rs. 2 Lakh Rs Lakh Rs thousand Rs. 50 thousand Rs. 2 Lakh Rs. 50 thousand Rs. 30 thousand 3. Trafficking Rs. 1 Lakh Rs. 20 thousand - Rs. 20 thousand Rs. 2 Lakh Rs. 10 thousand Rs. 20 thousand Rs. 25 thousand Rs. 1 Lakh Rs. 24 thousand Rs. 20 thousand 4. Disability / Loss of limb Rs. 1-2 Lakh Rs thousand Rs. 1-3 Lakh Rs Lakh Rs. 1 Lakh Rs thousand Rs thousand Rs Lakh Rs Lakh Rs Lakh Rs. 40 thousand 42

43 ¾ Minimum Amount of Compensation under Central Victim Compensation Fund Scheme SI. Minimum Amount Description of Injures / loss No. of Compensation 1 Acid attack Rs. 3 lakhs 2 Rape Rs. 3 lakhs 3 Physical abuse of minor Rs. 2 lakhs 4 Rehabilitation of victim of Human Trafficking Rs. 1 lakh 5 Sexual assault (Excluding rape) Rs /- 6 Death Rs. 2 lakhs 7 Permanent Disability (80% or more) Rs. 2 lakhs 8 Partial Disability (40% to 80%) Rs. 1 lakh 9 Burns affecting greater than 25% of the body (excluding Acid Attack cases) Rs. 2 lakhs 10 Loss of foetus Rs. 50,000/- 11 Loss of fertility Rs. 1.5 lakhs 12 Women victims of cross border firing: (a) Death or Permanent Disability (80% or more) Rs. 2 lakhs (b) Partial Disability (40% to 80%) Rs. 1 lakh Note : If the victim is less than 14 years of age, the compensation shall be increased by 50% over the amount specified above. ¾ The objective of the Central Victim Compensation Fund Scheme was to reduce disparity in quantum of compensation amount notified by different states for Victims of similar crime but due to the lackadaisical approach of the Government Authorities the benefit of Central Scheme amount is not going to the victims of the offence in Jharkhand. ¾ Executive Chairman, JHALSA has impressed upon the Chief Secretary, State of Jharkhand vide His Lordship s letter to amend the Jharkhand Victim Compensation Scheme in tune with Central Victim Compensation Fund Guidelines. ¾ Jharkhand Victim Compensation Scheme 2012 provides for compensation as follows: SI. No. Particular of Loss or Injury Maximum limit of compensation 1 Loss of life Rs lacs 2. Loss of any limb of part of body resulting 80% or Rs. 50,000/- above handicap 3. Loss of any limb or part of body resulting 40% & Rs. 20,000/- below 80% handicap 4. Rape of Minor Rs. 50,000/- 5. Rape Rs. 20,000/- 6. Rehabilitation Rs. 20,000/- 7. Loss of any limb or part of body resulting below 40% Rs. 10,000/- handicap 8. Loss of injury causing severe mental agony to women Rs. 10,000/- and child victims in case like Human trafficking 9. Simple Loss or injury to Child victim Rs. 10,000/- 10. Acid Attack Victims Rs. 3,00,000/- 43

44 44

45 Suggestion of JHALSA : y There is huge disparity in the amount of compensation fixed by different States to the victims of offence and there is urgent need for fixing the compensation amount strictly in tune with Central Victim Compensation Fund Guidelines (effective from 21 st August, 2015). y There is urgent need of a Victim Compensation Cell in each Legal Services Institutions for effective co-ordination between district authority, Jail Authority, Director Prosecution and District Court. Statistical Data of Beneficiaries of Victim Compensation on Sl No. Name of DLSA Number & Nature of Cases identified by DLSA under Victim Compensation Scheme Compensation Amount Number of cases under Victim Welfare Fund Rules Bokaro 4 (U/s 376) Deoghar 6 (U/s 376) Dumka 11 (U/s 302) Garhwa 2 (POCSO) Giridih Compensation Amount 6 Godda 1(U/s 376) (10 U/s 302 and 5 7 Hazaribagh U/s 376) 8 Jamshedpur 1(POCSO) Palamau Gumla (26 POCSO, Ranchi Adult rape) 12 Total Total =141 Cases Amount= Statistical data of Beneficiaries of Victim Compensation on 20/02/16 Sl No. Name of DLSA 1 Chatra Number & Nature of Cases identified by DLSA under Victim Compen-sation Scheme ( 4- U/s 357A, 5 u/s SC/ST) Compensation Amount (in Rs.) (employment to 4 persons) Number of cases under Victim Welfare Fund Rules Compensation Amount (in Rs.) 2 Chaibasa 2 (U/s 302) (6-U/s 302, 3 Jamtara POCSO) 5 (1 U/s 302, 4- Naxal 4 Khunti Violence) 4 (1-U/s 302, 2-5 Koderma POCSO, A) 6 Latehar 5(U/s 302) (employment to 3 persons) 7 Lohardaga 2(U/s 376) (1-U/s 377,3-SC/ST 8 Pakur atrocity,1 -POCSO) 9 Ramgarh Sahibganj 2 (U/s 302) (4-U/s 302, 1- U/s 11 Seraikela , 2-POCSO) 4 (1-U/s307, 3-U/s 12 Simdega ) Total 70 Rs Rs Total = 88 Cases Amount = Rs

46 Snaps of Victim Emancipation through Compensation Seen in the picture is Hon ble Mr. Justice Anil R. Dave, Judge, Supreme Court of India & Executive Chairman, NALSA handing over the cheque of compensation amount to the victim on at Nyaya Sadan, JHALSA, Ranchi Seen in the picture are Hon ble Mr. Justice Anil R. Dave, Judge, Supreme Court of India & Executive Chairman, NALSA, Hon ble Mr. Justice Virender Singh, Chief Justice, High Court of Jharkhand, Hon ble Mr. Justice Vineet Saran, Judge, High Court of Karnataka (as His Lordship then was), Hon ble Mr. Justice D.N. Patel, Judge, High Court of Jharkhand & Executive Chairman, JHALSA, Hon ble Mr. Justice R.R. Prasad, Judge, High Court of Jharkhand & Chairman, HCLSC (as His Lordship then was) in the State Level Colloquium on Victim Emancipation through Compensation on at Nyaya Sadan, JHALSA, Ranchi 46

47 States No. of Victims awarded compensation by the SLSA/DLSAs under the scheme. Jharkhand 229 Apart from monetarily compensation 7 of the victims/dependants of naxal victims were appointed on the post of Police Constable/class IV staff) Totam amount of compensation paid (Rs.) 20 Seen in the picture is Hon ble Mr. Justice Dipak Misra, Judge, Supreme Court of India handing over the cheque of compensation amount to the victim on at Nyaya Sadan, JHALSA, Ranchi Seen in the picture is Hon ble Mr. Justice Adarsh Kumar Goel, Judge, Supreme Court of India handing over the cheque of compensation amount to the victim on at Nyaya Sadan, JHALSA, Ranchi 47

48 Item No.10 Utilization of Grant-in-Aid of NALSA: y Whether Compulsory audit of CAG/internal audit is being conducted regularly? ¾ Yes, Audit of CAG/Internal Audit is being conducted regularly. The CAG Audit of the Jharkhand State Legal Services Authority for the State as well as NALSA fund has been done up to the financial year The Internal Audit of NALSA fund is being done regularly for each of the financial year by the Private Chartered Accountant. y Whether the utilisation certificates in respect of full utilisation of grants are being issued regularly? ¾ Report of Complete Utilisation Certificates w.r.t. full utilization of grants have been sent to NALSA up to the financial year & thereafter but Utilisation Certificates in respect of full Utilisation of Grants have been issued by NALSA up to the financial year only. 48

49 Item No.11 Any other matter with the permission of the Chair. 49