Unnikrishnan Vs. Kunhibeevi [Kerala High Court, 212011]

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IN THE HIGH COURT OF KERALA AT ERNAKULAM THOTTATHIL B.RADHAKRISHNAN ANDS.S. SATHEESACHANDRAN JJ. Dated this the 21st day of January, 2011 AS.No. 383 of 1997(E) UNNIKRISHNAN VsKUNHIBEEVI For Petitioner :SRI.M.P.SREEKRISHNAN;For Respondent :SRI.N.SUBRAMANIAM J U D G M E N T S.S. SATHEESACHANDRAN, J. The appellants are defendan …

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Binesh G. Vadath Vs. District Collector [Kerala High Court, 102011]

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IN THE HIGH COURT OF KERALA AT ERNAKULAM ANTONY DOMINIC, J. W.P.(C) Nos.9933 and 10598 of 2009 (J) Dated this the 10th day of January, 2011 BINESH.G.VADATH, AGED 39 YEARS, … Petitioner Vs1. THE DISTRICT COLLECTOR, … Respondent 2. SUPERINTENDENT OF POLICE, 3. THE SUB INSPECTOR OF POLICE,For Petitioner :SRI.SAJI KURIACHAN For Responde …

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United India Insurance Vs. Pappu [Kerala High Court, 062011]

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IN THE HIGH COURT OF KERALA AT ERNAKULAM The Hon’ble MR. Justice M.N.KRISHNAN Dated this the 6th day of January, 2011 MACA.No. 376 of 2010() UNITED INDIA INSURANCE COMPANY LTD. … PetitionerVsP.O. PAPPUAND OTHERS For Petitioner :SRI.SIBY MATHEW For Respondent :SRI.V.K.GOPALAKRISHNA PILLAI J U D G M E N T This is an appeal …

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K.A. Rasheed Vs. Regional Transport Authority [Kerala High Court, 042011]

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IN THE HIGH COURT OF KERALA AT ERNAKULAM P.N. Ravindran, J. W.P. (C) No. 68 of 2011 (G) Dated this the 4th day of January, 2011 K.A. RasheedVs.Regional Transport Authority For Petitioner :DR.K.P.SATHEESAN J U D G M E N T P.N. Ravindran, J. 1. The Petitioner is a stage carriage operator, operating a stage carriage on the …

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Why Every Law School in India should follow the path of NLSIU’s Legal Services Clinic

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About the NLSIU’s Legal Aid Initiative

NLSIU has done a remarkable service to the society and to the legal fraternity by instituting a legal aid clinic and offer direct legal counseling to the poor section of the Society. The interesting aspect is that the Students will get a first-hand experience of understanding the scope and application of law to the real lives and scenarios. They get to see their impact on these hundred of lives who can not afford competent legal services.

The dedicated LSC Legal Services Centre has been in operation at the NLSIU campus in Nagarbhavi since August 2005. This Centre has since been used to provide free legal advice and counseling for people from various sections of society, as well as facilitating mediation from time to time. The Centre is kept open from Monday to Saturday between 4 p.m. and 6 p.m.

Tie-up with NGOs

LSC has tie-ups with NGOs such as Stree Jagruti Samithi which works with domestic workers’ issues and Munnade, which focuses on garment factory workers. Apart from giving free legal advice to women through such NGOs, LSC also conducts Legal literacy programmes and has undertaken several other projects such as Legislative drafting for domestic workers, surveys on domestic violence etc.

LSC’s Legal Literacy Programmes:

One of the core activities of LSC is to conduct Legal Literacy Programmes (LLPs) for different audiences.

  • EOTO: LSC, in association with an NGO called Each One Teach One, conducts legal literacy programmes for children in different corporation schools around Bangalore.
  • Local Schools: LSC also conducts Legal Literacy Programmes for adolescents in several schools in the neighbourhood of the National Law School . During the course of the academic year 2011-2012 we hope to expand our reach to many more schools in Bangalore .
  • NGO’s in various parts of Karnataka – LSC also conducts one outstation LLP every year in a rural area in Karnataka , Tamil Nadu , as well as other adjoining states .
  • KSLSA: In association with the Karnataka Legal Services Authority, LSC conducts Legal Literacy programs in various schools and colleges. Further we put up plays on new areas of law on various occasions like Rajyotsava, National Law Day etc.

Legal Services Clinic – LSC Online

LSC also answers legal queries through e-mail. If you have a question, just drop them a line at lsc.nlsiu@gmail.com and they will help you with your queries Learn more about their different initiatives and projects at their website: http://www.nls-lsc.org.

Will other Law Colleges too set up such Legal Services clinic ?

Every law college and institution in India must immediately set up a Legal Services clinic at their premises to not only server the Society but also help the Student community to be in touch with the real-world issues at the ground zero. Probably then, the reforms within the legal fraternity could shape up soon.

What is Legal Aid?

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Legal Aid implies giving free legal services to the poor and needy who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any court, tribunal or before an authority.

Right to Legal Aid

It is the duty of the State to see that the legal system promotes justice on the basis of equal opportunity for all its citizens. It must, therefore, arrange to provide free legal aid to those who cannot access justice due to economic and other disabilities. —(Art.39 A of the Constitution of India) If the accused does not have sufficient means to engage a lawyer, the court must provide one for the defence of the accused at the expense of the state. (Sec. 304, Criminal Procedure Code) The Constitutional duty to provide legal aid arises from the time the accused is produced before the Magistrate for the first time and continues whenever he is produced for remand. — (Khatri II Vs. the State of Bihar, (1981) 1SCC; 1981 SCC (Cri) 228; 1981 Cri. LJ 470) A person entitled to appeal against his/her sentence has the right to ask for a counsel, to prepare and argue the appeal. — (Madav Hayavadanrao Hoskot Vs. State of Maharastra (1978)3 SCC 544) (Art. 142 of the Constitution r/w 21 and 39A)

Who is entitled to free legal aid?

Any person, who is:

  • a member of the scheduled castes or tribes poor (with an annual income of not more than Rs.50000/- for cases in the Supreme Court and Rs.25000/- in other courts);
  • a victim of trafficking in human beings or beggar;
  • disabled, including mentally disabled;
  • a woman or child;
  • a victim of a mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake, industrial disaster and other cases of undeserved want;
  • an industrial workman;
  • in custody, including protective custody;
  • facing a charge which might result in imprisonment;

—(Khatri II Vs. the State of Bihar, (1981) 1SCC); and unable to engage a lawyer and secure legal services on account of reasons such as poverty, indigence, and incommunicado situation; In addition to the above, legal service may be granted:

  • in cases of great public importance;
  • special cases considered deserving of legal services.

Cases for which legal aid is not available

  • Cases in respect of defamation, malicious prosecution, contempt of court, perjury etc.
  • Proceedings relating to the election;
  • Cases, where the fine imposed, is not more than Rs.50/-;
  • Economic offences and offences against social laws;
  • Cases where the person seeking legal aid is not directly concerned with the proceedings and whose interests will not be affected, if not represented properly.

Reference: http: //www.humanrightsinitiative.org/publications/police/legal.pdf