Access to justice for all
Bengaluru, January 08 (Karnataka Information)
“Access to justice for all” is the vision of Legal Services in India. The Karnataka State Legal Services Authority (KSLSA) is established with the noble object of providing free and competent legal services to the weaker sections of the society and to ensure that justice is not denied to any citizen by reason of economic or other disabilities and to organise Lok Adalats and to secure that the operations of the legal system promotes justice on the basis of equal opportunity. Equal opportunity irrespective of caste, creed or religion and the likes are treated alike. Apart from providing legal assistance through the Legal Aid Clinics and court based legal aid through the panel advocates, many other innovative programmes are on the board of KSLSA. Brief description is provided here under:
• Report with regard to Implementation of NALSA Schemes:
To meet the vision of Legal Services in India, National Legal Services Authority (NALSA) has evolved as many as 11 Schemes for meeting its statutory obligation of providing legal aid, spreading legal literacy and legal awareness amongst the public. In the State of Karnataka, under the most able guidance of Hon’ble Sri. Justice Abhay Shreeniwas Oka, Chief Justice, High Court of Karnataka and Patron-in-chief of KSLSA; and motivation of Hon’ble Sri. Justice Aravind Kumar, Judge, High Court of Karnataka and Executive Chairman, KSLSA in the year 2020 altogether 8 Schemes have been taken up for implementation. Inspite of surge of COVID-19 Pandemic in the State of Karnataka, KSLSA has proceeded in its task to implement the NALSA Schemes in the best possible way. Following are the impact of the NALSA Schemes implementation in the State of Karnataka:
• Due to the pandemic it was practically difficult to undertake ground level work. Nevertheless, several innovative ideas have been evolved to implement NALSA (Para-Legal Volunteers (Revised) Scheme Module for the orientation-Induction-Refresher Courses for PLV Training. As per the directions issued by KSLSA in the entire State of Karnataka totally 4332 PLVs have been selected and efforts are being made to develop a revised module for their training. It must be creditworthy to note here that during the pandemic situation in the State, totally 522 PLVs joined hands with 257 Panel Advocates as Legal Services Officers to inspect Covid Care Centers and ensure that proper facilities are provided to the needy.
• During the meeting of NALSA (Effective Implementation of Poverty Alleviation Schemes) Scheme, 2015 it was resolved to involve newly enrolled Advocates who receive stipends from the Government in the legal services. Accordingly, as per the directions of designated Former High Court Judge, Hon’ble Sri Justice A.N.Venugopala Gowda, a letter was addressed to the State Government by KSLSA. Resultantly on 17.11.2020 a circular is issued by the Government of Karnataka directing all the Advocates who receive stipends from any department to involve themselves in the work of Legal Services Institutions. This, response of Government of Karnataka which is one of the fruit of NALSA Scheme implementation, would not only motivate the young advocates to work for pro-bono cause, but also will benefit the marginalized sections of society.
• During the meeting of NALSA (Legal Services to the Mentally Ill and Mentally Disabled Persons) Scheme, 2015 chaired by Hon’ble Sri Justice K.N. Phaneendra, Former Judge, High Court of Karnataka, it was pointed out that as per Section 74 of The Mental Health Care Act, 2017 Committee is not formed and as such it was directed to form an ad-hoc district level committee consisting of one District Judge, CEO, DHO/District Surgeon, SP and NGO’s working for said cause. Accordingly as per the letter issued by KSLSA all the DLSA’s in the State of Karnataka have formed ad-hoc district level committee for effective implementation of the Scheme.
• Further, in respect of NALSA (Legal Services to the Mentally Ill and Mentally Disabled Persons) Scheme, 2015 totally 6 webinars have been conducted to all stake holders namely, District Judges, Special Court Judges, Police Officers, CDPO’s, NGO’s etc., on the topic Mental Health Care Act, 2017 and the Rights of Persons with Disability Act, 2016. All the said webinars have created sufficient awareness amongst the stakeholders. During the webinars few ground level problems have come to light such as lack of scheme for Care givers of Disabled/Mentally ill person etc., and it has been noted down by KSLSA and necessary steps will be taken up in the due course.
• Webinar was conducted for training 32 Judges of the Special Courts constituted under the Rights of Persons with Disability Act 2016. As the said Special Court judges had no information with regard to the Indian Sign Language Interpreters, KSLSA has made efforts to obtain said information and forwarded it to all the Special Judges under the Act.
• During the meeting on NALSA (Legal Services to Senior Citizens) Scheme, 2016 chaired by Hon’ble Sri Justice Ashok B. Hinchigeri, Former Judge, High Court of Karnataka it was pointed out that Rule 21 of the Karnataka Maintenance of Welfare of Parents and Senior Citizens Rules, 2009 is not properly implemented. As such it was resolved to direct the DG & IGP of Karnataka to comply the provision of Law. Further the jurisdictional Magistrates are directed to monitor the work done by the Police Stations and submit periodical report to KSLSA. As per the said direction DG & IGP has issued standing order to the concerned Police Stations and filed his compliance report.
• During the meeting on NALSA (Victims of Trafficking and Commercial Sexual Exploitation Scheme, 2015 and NALSA (Child Friendly Legal Services to Children and their Protection) Scheme, 2015 headed by Judge Hon’ble Sri Justice Ajith J. Gunjal, Former Judge, High Court of Karnataka, it was pointed out that special Juvenile Police Unit is not properly constituted in the State of Karnataka as per Sec. 107 of Juvenile Justice (Care & Protection of Children) Act, 2015. Hence, concerned Department is directed to properly constitute the units so that child rights are protected.
• Hon’ble Sri. Justice A.V. Chandrashekar who is heading the NALSA (Legal services to the workers in the Unorganized Sector) Scheme during the meetings issued direction to the concerned departments to act swiftly during the period of pandemic, to reach the government schemes to the workers of unorganised sector. Due to the efforts of which, in Karnataka total sum of Rs.58.697 crores was disbursed through Direct Debit Transfer in 5 stages to the account of washer men and hair dressers. Further, the committee had also recommended for taking immediate action in respect of other categories of unorganised sector as well.
• KALSA as an instrumentality of Hon’ble High Court of Karnataka in Writ Petitions
• During the time of Covid-19 Pandemic a novel imitative was taken up as per the directions of Hon’ble High Court of Karnataka in W.P.No.6435/2020 in the form of constituting State Level Monitoring Committee to monitor the work done by the Government Agencies dealing with Covid-19. Hon’ble Sri Justice A.N. Venugopala Gowda, Hon’ble Sri Justice K.N. Keshavanarayana, former Judges of High Court of Karnataka headed the said committee along with one former IAS officer Sri. V.P. Baligar and one former IPS officer Sri. S.T.Ramesh. The said State Level Monitoring Committee held several meetings and passed resolutions. The committee resolved to direct inspection of COVID-19 Centres and hospitals and to suggest measures in the matter of effective implementation of Central and State Government Schemes so that it could reach the ultimate beneficiaries. State Level Monitoring Committee meeting had resolved to direct the State Government in various aspects to combat the evil of pandemic. Most of the resolutions have been complied by the concerned Government Departments and they have file their compliance report. The Department of Health and Family Welfare Services have taken steps to form Resident Welfare Associations in various wards of Bengaluru City. In the District as well villages, Task Force Committees were formed to assist the needy. Further four State Level Committees were constituted to co-ordinate and monitor the working of on field Committees on all Districts. Hence, KSLSA has contributed in helping the affected section of Society during the COVID-19 pandemic.
• Hon’ble High Court of Karnataka in W.P. No. 10096/2020 had directed State Government and BBMP to come out with a Scheme for identification of Children who are forced to sell toys, flowers etc., in the City of Bengaluru. When the said authorities failed to act in time, Hon’ble High Court of Karnataka directed to implead Karnataka State Legal Services Authority as a party Respondent and entrusted the task of framing above referred scheme. After deliberation with all the stakeholders, including NGOs on 22.12.2020 Karnataka State Legal Services Authority submitted detailed “Scheme for Identification, Protection and Restoration/Rehabilitation of Vulnerable Children”. If the said Scheme is effectively implemented, it would prevent the menace of Child hawking and Child begging in the Streets of Bengaluru.
• Hon’ble High Court of Karnataka in W.P. No.42927/2015 had directed KSLSA to submit a detailed report with regard to the potholes in the BBMP roads. Accordingly on 25.10.2018 a detailed Commission Report was submitted by the then Member Secretary of KSLSA. On the basis of said report, Hon’ble High Court had directed the BBMP officials to carry out necessary repair work. Resultantly the BBMP officials had taken up steps for repair and proper construction of the road. At present once again Hon’ble High Court of Karnataka has directed KSLSA to conduct inspection of BBMP road condition. In this regard it is necessary to bring to the knowledge of general public with regard to the guidelines formulated by the BBMP which is submitted before Hon’ble High Court of Karnataka. The said guideline provides for the right to receive compensation in case of death, compound injuries sustained due to the pothole/poor conditions of the road and footpaths.
• Recently, KSLSA filed a Public Interest Litigation In WP No.9367/2020(PIL). In that case, Mangalore City Corporation and District Administration had failed to handle waste management in a village called Pachanday near Mangalore. Due to that vast agricultural land (77.93 acre) was used as dumping yard for several decades, which ultimately resulted in air pollution, water pollution and environmental pollution. The resident public had approached DLSA Mangalore seeking legal aid to get redressal. The said matter is taken up by KSLSA to fight for justice of rural and marginalised sections of society.
• Organizing Lok Adalats –
Lok Adalats have become an important instrument for deciding the disputes / cases with a sense of finality and to the satisfaction of the disputing parties. Due to Covid-19 Pandemic National Legal Services Authority, had cancelled the periodical National Lok Adalats scheduled to be held on 11.04.2020, 11.07.2020 and 12.09.2020. However the State Legal Services Authorities were permitted to organise Lok-Adalats at micro level. Considering the fact that due to the Covid-19 pandemic the regular Courts were unable to take up the cases for hearing, KSLSA got arranged E-Lok Adalat on 19.09.2020 and Mega Lok Adalat on 19.12.2020 throughout the State of Karnataka. Bothe the said Lok Adalats received an overwhelming response from the litigant public and it turned out to be a grand success. In the E-Lok Adalat held on 19.09.2020, altogether 1,15,938 cases were settled throughout the State. The total amount settled in the E-Lok Adalat was Rs.357,71,94,758/-.
In the Mega Lok Adalat held on 19.12.2020 which was a mixture of physical as well as E-Lok Adalat witnessed settlement of altogether 2,63,215 cases throughout the State. The total amount settled in the said Lok Adalat was Rs.702,16,24,927/-. It is creditworthy to note that alltogether 3099 partition suits were settled throughout the State of Karnataka.
To sum up, the implementation of NALSA Scheme in the State of Karnataka has sensitized the entire Government machinery and has ultimately helped the weaker and marginalised sections of society. The efforts of KSLSA to implement the NALSA Schemes in its true letter and spirit would endure until its optimization. KSLSA is monitoring the activities of legal services institution in the State level. Whereas there are 30 District Legal Service Authorities (DLSA’s) and 149 Taluka Legal Service Committees (TLSC’s) at the district and taluka levels respectively. Apart from that there is 24×7 dedicated free help line No-1800-425-90900, for any kind of legal advices and queries. For the implementation of NALSA Schemes in the State, KSLSA is well guided by 7 former judges of Hon’ble High Court of Karnataka. Further, KSLSA is motivated by Hon’ble Sri. Justice Abhay Shreeniwas Oka, Chief Justice, High Court of Karnataka and Patron-in-chief of KSLSA; and Hon’ble Sri. Justice Aravind Kumar, Judge, High Court of Karnataka and Executive Chairman, KSLSA in this direction. The endeavour of KSLSA is to ensure free and competent legal service reaches the last member of the society and thereby vision of legal services institution is achieved.
