REPORT SUBMISSION

STATE LEGAL SERVICES AUTORITY

INTERNSHIP PERIOD: 26/12/17- 14/01/18

By--

SHIVANGI AGRAWAL

B.A.LL.B (2 YEAR)

GURU GHASIDAS CENTRAL UNIVERSITY, BILASPUR, C.G.

 Day 1
Date- 26/12/2017
Place- District court for pre-Lok adalat sitting

The pre- sitting of Lok adalat was organised by Secretary of DLSA in which parties to
those cases, which are to be decided in adalat, had come for negotiations with regard to
compromise and settlement terms.

Cases related to claim for motor vehicle accident and insurance claim was major
constituent of this meeting which was preceded by panel of judges and attended by
claimants, counsels on behalf of parties, representatives of insurance companies and other
advocates.

In that meeting they discussed the problem which they are countering while making
compromises between the parties. Another issue which was discussed was the problems
occurring in conducting successful Lok adalats.

Judged also advices to the advocates to filter their own cases which can be dealt in lol
adalats so as to save time of court. Judges also suggested to bring equality in amounts of
compensation which are claimed on different kind of accidents.

Recommendations

 Awareness drives and programmes should be conducted about the other methods of
solving legal disputes such as mediation, arbitration, conciliation etc which can be
introduced to people and its effectiveness can be explained.

 Importance of Lok adalats should be portrayed with the help of nukkad nataks,
awareness drives, speech, short videos etc & people should be motivated to opt for
settlement methods.

 Judges should also try to bring similarly in quantum of compensation for similar
kind of cases.

Day -2
Date- 27/12/2017
Place- Mediation Centre, District Court, Bilaspur
We read the concept and methods of alternative dispute resolution which came in America in
1977 and adopted by India in the year 1999. It is cost saving, time saving and quick methods
which resolves disputes without approaching courts. He also explained the concept of
arbitration , conciliation and mediation and informed about their merits.

Arbitration
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one
or more arbitrators who make a binding decision on the dispute. Arbitration can only take
place if both parties have agreed to it.Unless there is evidence of outright corruption or fraud,
the award is binding and usually not appealable.
Conciliation
Conciliation is a voluntary, flexible, confidential, and interest based process. The parties seek
to reach an amicable dispute settlement with the assistance of the conciliator, who acts as a
neutral third party.
The main difference between conciliation and mediation proceedings is that, at some point
during the conciliation, the conciliator will be asked by the parties to provide them with a
non-binding settlement proposal. A mediator, by contrast, will in most cases and as a matter
of principle, refrain from making such a proposal.

Mediation

Mediation is an effective way of resolving disputes without the need to go to court. It

involves an independent third party - a mediator - who helps both sides come to an
agreement.Mediation is a flexible process that can be used to settle disputes in a whole range
of situations such as:

 consumer disputes
 contract disputes
 family disputes
 neighbourhood disputes

The role of the mediator is to help parties reach a solution to their problem and to arrive at an
outcome that both parties are happy to accept. Mediators avoid taking sides, making
judgements or giving guidance. They are simply responsible for developing effective
communications and building consensus between the parties. The focus of a mediation
meeting is to reach a common sense settlement agreeable to both parties in a case.

Mediation is a voluntary process and will only take place if both parties agree. It is a
confidential process where the terms of discussion are not disclosed to any party outside the
mediation hearing.If parties are unable to reach agreement, they can still go to court. Details
about what went on at the mediation will not be disclosed or used at a court hearing.

Merits of mediation
  No extra charges are required to paid
 If Fees is paid then it will be refunded from collector’s office
 Final disposition of case
 Time saving and cost effective

Day-4
Date- 29/12/2017
Place- District and Session Court, Bilaspur

Experience
We visited Districts Court, Bilaspur and met with judges. He explained the reason why
people approach court and while approaching what procedures they have to follow. We also
saw how online data of cases are inserted and maintained so that progress in case be easily
analysed. We also got information about how many cases and of what nature are pending in
the concerned court .
The court room was comprised of magistrate, readers , deposition reader, 2 constables.

Procedure
When a dispute arises it is called cause of action in civil cases and crime or offence in
criminal cases. For cognizable offences, first of all an FIR is filed in police station under
section 154 of Cr.P.C then investigation process starts. Meanwhile the Magistrate is informed
about the offence under whose jurisdiction the area comes. If requires then arrest is done for
investigation purpose but within 24 hours the arrested person is presented before Magistrate
and if further time period is required to complete process of investigation then permission is
granted in the from of police remand or judicial remand.

After completion of process of investigation a final report is submitted to Magistrate under

section 173(2) of Cr.p.c and if there is any further additions to report (residue documents
)then it is also submitted under section 173(8) of Cr.P.C.

The final report (challan) is produced within 60 days for offences in which punishment is
under 10 years and for offences in which more than 10 years punishment is granted then
challan must be produced within 90 days. After submission of challan, the report gets
registered.

After registration, charge sheet is presented under section 211 of Cr.P.C which contains all
details of cases including FIR, medical reports, witness report, affidavits etc. If the accused
admits his offence then judgement is passed accordingly and if accused denies the charges
then the trial starts.
During trial evidences and witnesses are called for cross examination. If a witness doesn't
turns up then bailable warrant is issued and if he still doesn't turns up then arrest warrant is
issued. After completion of all due process the accused is decided asacquitted or convicted.

Role of DLSA

 To provide free legal aid to all needy person who are entitle under Legal Service Act,
1987.
 To Organise Lok adalats

Day-5

 Date- 29/12/2017
 Place- DLSA Front office, District court, Bilaspur

 Experience
 Met and interacted with Para- Legal Volunteer who explained how any complaint or
request is registered in a register based on which required steps are taken and free
legal aid is provided to the needy person. Any person can become a Para-Legal
Volunteer who fulfils essential requirements (i.e. It's not necessary to have legal
background). The PLVs also inform people about their legal rights by spreading
awareness. PLVs maintains 2 registers in which individual and group cases are
registered separately. As per the requirement of the case legal advice is provided and
if involvement of DLSA is required then after filling prescribed form and application
in standardised format, a lawyer is appointed as per the nature of case.

Day-6
Date- 30/12/2017
Place- Family Court, Bilaspur

There we met with Hon’ble justice of family court who explained us working and procedure
of the courts. The concerned court was dealing with matter of theft, MACT etc. We got
opportunity to observe court proceedings. Judge also answered to the queries. We went
through case files and order sheets etc.
Day-10
Date-03/01/2018
Place- Central Jail

The management and administration of prisons fall exclusively in the domain of the state
govt and is governed by Prisons act,1894 and the prison’s manual of the respective state
governments .

Thus state have the primary role, responsibility and authority to change the current prison’s
laws, rules and regulations . The central government provides assistance to the states to
improve security in prisons.

Central jail
The criteria for a jail to be categorised as a central jail varies from state to state. However the
common feature observed throughout India is that prisoners sentenced to imprisonment for a
long period are confined in the central jail. These jails also have rehabilitation facilities.

Here we visited the central jail in Bilaspur. They provided the prisoners with computer
courses of six month like desktop publishing , printing. It is a kind of training centre only.
Those people who are willing to get education are from poor backgrounds are provided with
the classes, teachers etc.

They are also provided with electrical courses and also building construction courses. There
is also industries and factories training in the jail premises where the prisoners work. they
also have exercise timing of yoga and those prisoners who are engaged in work in the jail get
rupees 25 for a day for their work. In the jail doctors are available, regular checkups are done.

After visiting jail for men, we visited jail for women. There we had a interaction with the
female prisoners and we informed them about the working of legal aid services of DLSA.
The women jail was full of under trial and convicted prisoners both. Those women who were
under trial were wearing civil dress and convicted prisoners were wearing jail clothes (blue
sarees).

There we met with different prisoners who were the accused of different charges such as
theft, murder, dowry death etc. We met with a lady of 26 years age who was convicted for
selling alcohol and weed. We also interacted with a lady who was charged for murder in high
profile case . She told us that she had applied for bail but her application is getting rejected
where as the investigation procedure is not getting done properly. Due to delay in
investigation many trial prisoners are finding trouble.

Role of DLSA

 To provide legal aid to all needy persons

  Ensure proper representation of accused persons

Day-10
Date-03/01/2018
Place- Bilha , Legal awareness camp

Experience
We went to Belha to visit legal awareness and problem solving camp. There we first got to
know about different schemes and plans of govt for benefit of farmers, daily wagers and other
rural people. Officers of different departments of govt had come, who were sharing policies
of their department and also solving problems of people.

Secretary of DLSA, Shri Shailesh Sharma also addressed the gathering and informed about
the functions of DLSA and its importance . We also distributed pamphlets and also explained
them how can they take benefit of services provided by DLSA and how access to justice to
all can be facilitated . They were also made aware about the persons eligible to free legal aid
of DLSA, some basic rights available to children, women, senior citizen, mentally and
physically challenged people. They were also informed of victim compensation
rule,importance of mediation and powers and functions of permanent Lok adalats .

Observation
Maximum villagers were not aware with services and functions of DLSA. They were
confused for solutions of their problems . They are required to be made aware with their basic
rights and which process to be opted to get solutions of their problems .

Role of DLSA

 Spread legal awareness

 Access to legal aid
 Establishment of legal aid clinics and appointment of PLVs

Recommendations

 Legal awareness camp should be organised and a permanent legal aid clinics should
be established in big villages so that they can easily approach such clinics to obtain
legal advices.
 Legal knowledge based Competitions and events should be organised
 Literacy clubs should be established in schools and colleges
Day-12
Date-5/01/2018
Place- Mental hospital , sendari

Experience
We visited mental hospital where we met with Dr. Sharma who guide us and explained the
structure and functions of the institute.
We first visited Psychological ward where patients with emotional and behavioural disorder.
There they had 130 patients divided in different blocks for male and female.

Here patients are engaged in those works in which they had prior interest such as sewing, art
and craft making etc. They are also given special training to teach such activities to all those
patients who wants to learn

Role of DLSA
To provide free legal aid to mentally challenged people. Represent their case through an
advocate and perform all legal procedures as per requirements. Create awareness about rights
of psychologically challenged people.

Recommendations

 The inmates were very satisfied with food, health and other facilities
 Paitents are take care with sensitive manner.
 Benefits of government schemes made for mentally challenged people should be
dispensed carefully.

Day-13
Date-06/01/2018
Place- CG High Court, Bilaspur

Experience
It was a nice experience. We met Justice Pritankar Diwakar, Head of Legal Aid Services. He
shared his knowledge with us, told about the proceedings.

Day-14
Date- 07/01/2018
Place- CG High Court

Experience:
Observed the Court proceedings in different rooms, heard the cases, visited different sections
of the Court.

Day- 19-21
Date- 12/01/18- 14/01/18
Place- Vyapar Mela

Experience:
The stall was made in the name of ‘State Legal Services Authority’ where we have to sit and
listen to the problems of the people who approached us. Many people came from along
Mungeli, Masturi and shared their problems. We noted down their names, address, numbers
and suggested a solution and took a responsibility to get it solved.

The time to sit in stall was from 7am -10 pm in three shifts i.e. from 7 am- 11 am, then 11
am- 4pm, and 4 pm- 10 pm.

It was a nice experience overall as we learnt a lot in these days and got to know in what ways
people suffer and hope we could help them.

We were joined by other colleagues of SALSA and other PLVx and also got paid 250/- per
day.