Question – 1: Elaborate on the concept of Social Justice under Indian

Constitution and explain constitutional provision and legislature for

empowering the weaker Section of India.

Answer 1:

Introduction:-

The term social justice was first used in 1840 by a Sicilian priest, Luigi Taparelli d'Azeglio,
and given prominence by Antonio Rosmini Serbati in La Constitution Civile Secondo la
Giustizia Sociale in 1848. Social justice is the human essence of the Indian Constitution. The
trinity of Indian Constitution, the Preamble, the Fundamental Rights and the Directive Principles
of State Policy, embody the fundamental principles, which provide guide to all legislations. This
constitutional trinity assures its citizens to provide "Socialistic Pattern of Society" and create
"Welfare State" and all legislations, are deeply influenced by them. The principles enshrined in
the Preamble of our Constitution provide the bedrock for framing all social legislation and their
progressive and creative interpretation in favour of the people. It is a known fact that as social
order undergoes changes, new problems and demands arise which cannot be allowed to go out of
hand. Problems such as juvenile delinquency, new forms of crime, socioeconomic injustices,
socio-economic inequalities, problems of social security have to be tackled through welfare
legislations. It is important to have social legislation to meet the existing social needs and
problems.

A major change has happened since the enactment of Acts which are socially relevant and can be
said as social legislations that protects and supports the Fundamental Rights as mentioned in the
Indian Constitution. Some of the Acts are: The Child Marriage Restraint (Amendment) Act,
1976; The Maternity Benefits Act, 1961; The Equal Remuneration Act, 1976; The Dowry
Prohibition Act, 1961; Public Provident Funds Act 1968 (No.23 of 1968).; The Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989; Employees’ State Insurance (Central)
(Amendment) Rules, 2001.; Maintenance and Welfare of Parents and Senior Citizens Act, 2007
(No.56 of 2007); etc
Dr. Ambedkar and social justice-

Bharat Ratna Babasaheb Dr. B.R. Ambedkar, the Chief Architect of Constitution of India, is the
man of millennium for social justice, in the sense that he became the deliverer of or the Messiah
of the Dalits, the erstwhile untouchables, Other Backward Classes (OBCs), and women,
constituting 95% of Hindu population. That big segment of population had been forced to live at
a sub-human level from time immemorial, under caste system, sanctioned by Hindu scriptures.
He was the man of millennium for social justice, since he was the first man in history to
successfully lead a tirade of securing social justice to the vast sections of Indian humanity, with
the help of a law, which practically repealed the concerned portions of Hindu scriptures.

Social justice in India–

Social justice denotes the equal treatment of all citizens without any social distinction based on
caste, color, race, religion, sex and so on. It means absence of privileges being extended to any
particular section of the society, and improvement in the conditions of backward classes (SCs,
STs, and OBCs) and women. Social Justice is the foundation stone of Indian Constitution. Indian
Constitution makers were well known to the use and minimalistic of various principles of justice.
They wanted to search such form of justice which could fulfill the expectations of whole
revolution.

Social justice found useful for everyone in its kind and flexible form. Although social justice is
not defined anywhere in the constitution but it is an ideal element of feeling which is a goal of
constitution. Feeling of social justice is a form of relative concept which is changeable by the
time, circumstances, culture and ambitions of the people. Social inequalities of India expect
solution equally.

Social Justice in Indian Constitution-

Article 19 enshrines the fundamental rights of the citizens of this country. The seven sub-clauses
of Article 19(1) guarantee the citizens seven different kinds of freedom and recognize them as
their fundamental rights. Article 19 considered as a whole furnishes a very satisfactory and
rational basis for adjusting the claims of individual rights of freedom and the claims of public
good.
Articles 23 and 24 provide for fundamental rights against exploitation. Article 24, in particular,
prohibits an employer from employing a child below the age of 14 years in any factory or mine
or in any other hazardous employment. Similarly, Article 31 makes a specific provision in regard
to the fundamental right to property and deals with the vexed problem of compulsory acquisition
of property. Whereas Article 38 requires that the state should make an effort to promote the
welfare of the people by securing and protecting as effectively as it may a social order in which
justice social, economic and political shall inform all the institutions of national life.

On the other hand, Article 39 clause (a) says that the State shall secure that the operation of the
legal system promotes justice, on a basis of equal opportunity, and shall, in particular provide
free legal aid, by suitable legislation or schemes, or in any other way, to ensure that opportunities
for securing justice are not denied to any citizen by reason of economic or other disabilities.
Similarly, Article 41 recognizes every citizen’s right to work, to education and to public
assistance in cases of unemployment, old age, sickness & disablement and in other cases of
undeserved want. And, Article 42 stresses the importance of securing just and humane conditions
of work and for maternity relief. Article 43 holds before the working population the ideal of the
living wage and Article 46 emphasizes the importance of the promotion of educational and
economic interests of schedule castes, schedule tribes and other weaker sections.

Article 15 (1) prohibits discrimination on the grounds of religion, race, caste, sex, or place of
birth. The state would be entitled to make special provisions for women and children, and for
advancement of any social and educationally backward classes of citizens, or for the SC/STs. A
similar exception is provided to the principle of equality of opportunity prescribed by Article 16
(1) in as much as Article 16(4) allows the state to make provision for the resolution of
appointments or posts in favour of any backward class of citizens which, in the opinion of the
state, is not adequately represented in the services under the state.

Article 17 proclaims that untouchability has been abolished & forbids its practice in any form &
it provides that the enforcement of untouchability shall be an offence punishable in accordance
with law. These are the constitutional provisions relating to social justice in India.
Judicial Approach relating to social justice-

Oriental Insurance Co. Ltd. v/s Hansrajbai V. Kodala (2001) the Apex Court held that "The
object is to expeditiously extend social justice to the needy victims of accidents curtailing delay -
If still the question of determining compensation of fault liability is kept alive, it would result in
additional litigation and complications in case claimants fail to establish liability of defendants -
Wherever the Legislature wanted to provide additional compensation, it has done so
specifically."

The Supreme Court has firmly ruled in Balbir Kaur v/s Steel Authority of India (2000) that
"the concept of social justice is the yardstick to the justice administration system or the legal
justice and it would be an obligation for the law Courts to apply the law depending upon the
situation in a manner whichever is beneficial for the society" as the respondent Steel Authority of
India was directed to provide compassionate employment to the appellant.

In Superintending Engineer, Public Health, U.T. Chandigarh v/s Kuldeep Singh (1997) the
Supreme Court held that "It is the duty of the authorities to take special care of reservations in
appointments as a part of their constitutional duties to accord economic and social justice to the
reserved categories of communities. If ST candidate is not available, the vacancy has to be given
to SC candidate and the reserved roster point has to be filled in accordingly".

In Ashok Kumar Gupta v/s State of U.P. (1997) it was held by the Apex court that "To give
proper representation to SC/ST Dalits in services is a social justice which is a fundamental right
to the disadvantaged. It cannot be said that reservation in promotions is bad in law or
unconstitutional."

In Consumer Education and Research Centre v/s Union of India (1995) it was held that "Social
justice is a device to ensure life to be meaningful and livable with human dignity. State has to
provide facilities to reach minimum standard of health, economic security and civilized living to
the workmen. Social justice is a means to ensure life to be meaningful and livable."
Conclusion –

Social justice is a much wide term than one can think, as justice has different meaning for all
similarly social justice to. In a country like India where there are so much social inequality
prevailing in the system from past, securing social justice to all is a tough question. However to
much extent our judiciary won this battle against social injustice but still some loop holes
remains there. It can’t be done until all for us fought against social injustice in our own way.
Social Legislations acts as the tools that safe guard the Fundamental Rights of the people as
mentioned by the Constitution. The Acts created a wider and deeper impact in the society and
helped in changing the society with the developments of modern times. This also helped in the
maintenance of Human Rights and standards of governance that equated with other democratic
nations around the world.

Law can be used as an effective instrument by the social workers. In this process, social workers
can play an important role in the delivery of justice especially to the weaker sections. Social
work can network with law and help in the implementation of social justice for juveniles,
prisoners rehabilitation, prostitutes, SC/ST, poor and needy who are in need of legal assistance.
In fact, social worker can carve out a meaningful and constructive role for themselves in the area
of social legislation. Social legislation can be used by professional social workers as a tool for
social advocacy, empowerment to ensure basic human rights, dignity, and conducive
environment. In other words, the overall thrust of social work will be on developmental,
remedial and rehabilitative dimension with non elitist approach. Thus social legislation works as
tool for social reform, social welfare, development and change.
Question – 2: Write an essay on the problem of communal violence in India
and explain Compensation to the victim of Crime. Especially to the
Improvised in Communal Riots or Civil Disturbances and the problems of law
in India.

Answer 2:

Introduction:-

There is no universally accepted definition or concept of communalism but it is quite

controversial. So without entering into complex theoretical analysis, it can be argued that
communalism in general is a conflict or an activity related to violence between two or more
different religious or ethnic groups. The problem exists in almost all societies of the present
world. Especially in South Asian countries the problem of communalism is extremely chronic.
As one of the South Asian countries, India is also affected by the same problem.

India is truly a diverse country. Indian civilization is quite ancient and it is enriched by more than
a thousand distinct cultures that originated from different religions, castes, tribes and ethnic
groups. Different religions like Hinduism, Buddhism, Jainism and Sikhism originated and spread
in Indian soil. Later, people of many other religions like Islam, Christianity and other ethno-
religious groups have lived long in this country along with their independent culture. Thus, India
has become a country of many religions, languages, castes, and creeds. As a result, Indians have
been practicing long a pluralistic lifestyle, especially in their social and cultural fields. This
multicultural character of Indian society and politics is constitutionally recognized. At various
times, due to different historical, socio-economic, cultural and political changes, the tolerance of
Indian society has begun to break. There is a long historical context behind it, whose detailed
discussion is not so relevant in this topic. It can be argued that communal politics originated
strongly in India during the period of colonial rule. On August 15, 1947, India gained
independence from British rule nearly after two hundred years. This independence was secured
on the grounds of communal partition. This led to the birth of two separate and independent
nations, namely, India and Pakistan. Since then, the context of communalism has taken a new
dimension in Indian society and politics, and at present, it has taken an extremely serious form.
Compensation to the victim of Crime:

The quantum of compensation varies from case to case depending upon the nature of loss
suffered by the victim. There cannot be any strait-jacket formula for awarding the compensation
under Article 226 of the Constitution of India. The long line of judicial pronouncement while the
assassination of the Prime Minister of the country Mrs. Indira Gandhi a riot took place in
Coimbatore which resulted into loss of property of Sikh community members. The incident took
place because of failure on part of the State government. A writ petition was filed for
compensation in R. Gandhi v. Union of India.1 The High Court accepting the prayer of the
petitioner that compensation must be given on the basis of actual loss suffered observed:

The maintenance of law and order is the primary duty of the State and under our
Constitution it is a State subject and tops of the State List. No government worth
the name can abdicate this function and put the life and liberty, the hearth and the
home of the citizen in jeopardy.2

The Madras High Court while holding that the unfortunate victims of arson and violence were
entitled to seek reasonable compensation from the state of Tamil Nadu which failed in its duty to
protect this constitutional and legal rights observed:

The member of Sikh community form an integral part of the Indian society, they
have every right to settle down in Coimbatore and carry on their profession. They
have the constitutional right to live and they cannot be deprived of their means of
livelihood. Their right to protect is invoidable all these constitutional rights of
Sikh and a few members of other communities have been flagrantly infringed by
the inaction of the law enforcing authorities. The fundamental rights are not mere
law they are the throbbing aspiration and realities of civilized human life, they
cannot be dead letter by the failure of the State to protect those rights.3

1
AIR 1989 Mad 205.
2
Id. at 214.
3
Id. at 215.
 In R. Gandhi case, the Madras High Court referred to Article 38 which enjoins on the
state to promote the welfare of the people by securing and protecting the social order. Further, it
took help of Article 19(1)(g), 21 and Article 300A of the Constitution and linked the right to
property with life and liberty, and freedom of trade, occupation, profession. The court concluded
that it was the duty of the government to protect these rights and the failure on the part of the
government should result into compensation while must be reasonable keeps in view the actual
loss suffered by the victims of said riot.

In M/s S Inderpuri General Store v. Union of India,4 a communal riot took place in
January 1989 in the city of Jammu and the petitioner belonging to Sikh community suffered
losses and prayed for the issuance of a direction to the respondent to pay compensation to the
extent of losses actually suffered by them. It was found that the communal violence broke out
due to the alleged active connivance of anti-national and anti-social elements resulting in injuries
and deaths of the Hindu and Sikh members. The communal riots were alleged to have been
engineered by anti-social elements and forces and member of other communities. The respondent
State initiated all measures to curb and prevent anti-national and anti-social activities. The
government granted ex gratia relief in favour of those persons who lost their properties. A
committee was constituted to assess suffered losses of property and were granted ex gratia relief
upto a maximum of Rs. 25,000/ and it was already paid to the petitioner.

It was submitted on behalf of the petitioner that their property was destroyed in the riot and the
respondent authorities failed to provide them protection as is the mandate of the law and
followed in our democratic, republic, socialist and secular State. The right of petitioner under
Article 14, 19 and 21 of the Constitution. The respondent State argued that the petitioner had no
fundamental legal or statutory rights in seeking compensation from the government.

The court rejected the arguments of the State and held that it was the duty of the State to
provide safety and security in which the government failed. The right to life can be jeopardized
by affecting the right to livelihood, the Supreme Court had observed in Olga Tellis v. Bombay
Municipal Corporation,5 that the court while entertaining an application for enforcement of a

4
AIR 1992 J&K 11.
5
AIR 1986 SC 180.
fundamental right must look at the substance and nor form 6. The High Court passing an order to
pay compensation to the extent of loss suffered by the petitioner observed:

It cannot be denied that the maintenance of law and order is a duty of a

responsible government who could not abdicate this function and allow the life
and liberty of the citizen to jeopardy.7

The High Court further observed:

As and when life and property … is taken away by any individual or organisation,
a duty is cast upon the state representing the will of the people to compensate the
victim by granting adequate compensation. The monarchial rule is to be
distinguished from democratic set up to protect the life, liberty and property or its
citizens. On their failure to protect life, liberty and property to the citizen, State is
under the constitutional obligation to compensate the victims adequately.8

In Bhajan Kaur v. Delhi Administration,9 a writ petition was filed in Delhi High Court
for paying compensation to the dependents of those killed in the riots after the assassination of
Smt. Indira Gandhi as the State had a duty to protect the life of it citizens. The Delhi High Court
held that the expanded meaning attribute to Article 21 of the Constitution, it is the duty of the
State to create a climate where member of the society belonging to different faiths, caste and
creed live together and therefore the State has a duty to protect their life, liberty, dignity and
worth of an individual which should not be jeopardized or endangered. If in any circumstances
the state is not able to do so, then it cannot escape the liability to pay compensation to the family
of the persons killed during the riots. The High Court directed the State government to pay a sum
of Rs. 2 Lakhs with interest and also gave a general direction that the order should apply to
similar cases also.

A writ petition was filed with a view to extend the application of the order passed by the
Delhi High Court in Bhajan Kaur case to entire country and to redress the victim in S.S.

6
See also, M.C. Mehta v. U.O.I., AIR 1987 SC 1086.
7
Supra note 15 at 14.
8
Ibid.
9
(1996) ILR Delhi 754.
Ahluwalia v. Union of India10 The Supreme Court agreed in principle that the Government
should pay compensation to the family member of the persons killed in riot but it found difficult
to extend the decision of Delhi High Court in Bhajan Kaur case to all States without making a
detailed examination of the circumstances arising in each case. The Supreme Court directed
various High Courts to deal with the matter as if the writ petitions were filed before it and assess
the loss suffered in individual cases.

However, the Chhattisgarh High Court in Kehar Singh v. State of Chhatisgarh,11

extended the application of the direction issued by the Delhi High court in Bhajan Kaur case and
held that it is just and proper that a sum of Rs. 2 lakh as compensation be awarded from the date
of the incident with interest @9% per month adjusting the amount already paid to the
dependents. From the above discussion it is quite clear that the maintenance of law and order is
the function of the State and the failure on part of State may result into invocation of violation of
fundamental rights. The state may be directed to pay compensation for violation of fundamental
right to life. In communal violence also such a provision of public law may be invoked and the
state may be asked to pay compensation to the riot victims for the loss of life and property.
Although the Central government in case of urgency announces ex-gratia to victims of crime. In
this guidelines issued from time to time as in

In Destruction of Public and Private Properties v. State of A.P.,12 taking a serious note of
various instances where there was large scale destruction of public and private properties in the
name of agitations, bandhs and the like, the Supreme Court approved the that under the PDPP
Act must be so amended as to incorporate a rebuttable presumption (after the prosecution
established the two facets)that the accused is guilty of the offence and enabling the police
officers to arrange videography of the activities damaging public property. In such
cases(wherever a mass destruction to property take place) concerned High Court may suo moto
action and set up a machinery to investigate the damage caused and to award compensation
related thereto.

10
AIR 2001 SC 1309.
11
AIR 2002 Chhat. 14.
12
AIR 2009 SC 2266
Communal Riots or Civil Disturbances and the problems of law in India:

Compensation Under Criminal Procedure Code, 1973: In old Code of Criminal

Procedure ,1898 contained a provision for restituion in the form of section 545 13. Now there is
only one general law that govern the victims compensatory rights as mentioned in under
Criminal Procedure Code, 1973 in Section 35714. The Apex Court in Hari Kishan v. Sukhbir
15
Singh high lighting the importance of Section 357(3) of the Criminal Procedure Code, 1973
says,Section 357 of Cr.P.C. 1973, is an important provision. This power to award compensation
is not ancillary to other sentences but it is in addition thereto. It is a measure of responding
appropriately to crime as well as reconciling the victim with the offender. The courts have
seldom invoked it.

It settled through the case laws16 that compensation for murder , in murder cases the court are
of the view that true justice will be rendered only when proper compensation is provided to the
dependents of the deceased17. The amount of compensation awarded range from Rs. 10,000 to
Rs. 1,00,000 depending upon the number of dependents’ of the deceased and capacity of the
accused to pay the same. Section 357 have own limitation While passing an order under Section
357(3), it is imperative for the courts to look at the ability and the capacity of the accused to pay
the same amount as has been laid down by the cases above, otherwise the very purpose of
granting an order of compensation would stand defeated 18. It occurred in many cases then it was
realised to shift this duty of compensation to state also by creation of Victim Compensation
Scheme.

13
which stated in sub-cl. 1(b) that the Court may direct "payment to any person of compensation for any loss or
injury caused by the offence when substantial compensation is, in the opinion of the Court, recoverable by such
person in a Civil Court
14
See Section 357 of Code of Criminal Procedure, 1973
15
AIR 1988 SC 2131
16
Guruswamy v. State of Tamil Nadu, 1979 Cri.L.J 704
17
Ibid.
18
K.A. Abbas H.S. A. v. Sabu Joseph, (2010) 6 SCC 230.
Evolution of Victim Compensation Scheme:

The universalist views on criminal justice system emphasize on the norms collectively
recognized and accepted by all of humanity The internationally accepted norms where under an
individual's criminal act(s) is accountable are universally binding and applicable across national
borders on the premise that crimes committed are not just against individual victims but also
against mankind as a whole. The crime against an individual thus transcends and is taken as an
assault on humanity itself.

It is the concept of the humanity at large as a victim which has essentially characterized 'crimes'
on universally- accepted principles. The acceptability of this principle was the genesis of
Criminal Justice System with State dominance and jurisdiction to investigate and adjudicate the
'crime'. For long, the criminal law had been viewed on a dimensional plane wherein the Courts
were required to adjudicate between the accused and the State. The 'victim' - the de facto sufferer
of a crime had no participation in the adjudicatory process and was made to sit outside the Court
as a mute spectator.

Delhi Victims Compensation Scheme,2011.

Government of National Capital Territory of Delhi19 approve the following Scheme for the
purpose of providing compensation to the victims or their dependent(s) who have suffered loss
‘Delhi Victims Compensation Scheme,2011. Clause 3 of this scheme provides, Victims
Compensation Fund, There shall be a Fund, namely, the Victim Compensation Fund from which
the amount of compensation, as decided by the Delhi Legal Services Authority, shall be paid to
the victims and their dependent(s) who have suffered loss or injury or require rehabilitation as a
result of the crime or require rehabilitation. On basis of above scheme the High Court Of Delhi
has in State V. Jaihind20 ,where the court direct that the state shall pay to the victim the sum of
rs.3,00,000 as victim compensation in term of rule 3 and 5 read with entry 2 to the schedule to
Delhi Victim Compensation Scheme ,2011 read with section 357A.

Conclusion:
19
See Home (Police II) Department Notification Dated the 02.02.2012 F.No.11/35/2010/HP II
20
2012 (4) JCC 24590
India is marked by variety of traditions and practices. It is the birth place of varied religions;
particularly Hinduism, Buddhism, Jainism and other religious belief. Cultural diversity and
tolerance area unit each led to within the country by law and custom that associates them to
spiritual communities. The number of diversity within the belief systems in India these days has
resulted in to sure social structures with spiritual ideas and expressions claiming sizable
influences. Human society is a group of quite a lot of organizations and contributors with unique
identities which are divided on the foundation of class, religion, and tradition. Every society has
its specific identification which differs from another and the struggles for restrained assets put
these organizations or divided societies to a conflicting stage. These communal or social
conflicts whether or not nonviolent or violent are in some way a form of human action.

Communalism is a huge phenomenon in the social life of an Indian citizen and communal riots
are the morally reprehensible manner of expressing it. Communal riots have grown to be an
undiminished entirety part of communalism. An event can be labeled as a communal rebellion on
two grounds: firstly, if there may be violence and, secondly, if two or more communally
identified organizations confront every different or the contributors of the opposite team, at some
factor in the course of the violence. In public law remedy, court recognised shift from retribution
to restituion and compensation may payable by the state. Section 357 of CrPC provides the idea
of payment of compensation by the offender. In development of modern criminology towards
victim rights has been expended in substantive and procedural laws by inserting section 166B In
Indian Penal Code, 1860 and Section 357A in Code Of Criminal Procedure 1973 have devised
new tools to promote a right based remedy. Under this provision, victim needs to be
rehabilitated; the victim may request the State or District Legal Services Authority to award
him/her compensation. The court has visualized the awards of compensation as an important
methodology not only to redress the violation but also as deterrent. The government needs to
clear the concept of omission of government officials especially police.

Question – 3: Write an essay on, Bandhua MuktiMorcha and their legal battle
for abolishing the bonded labour system and its Judicial effectiveness in India.
Answer 3:

Introduction:-

“We cannot understand why the administration should be ashamed to admit the existence of

bonded labour. It is not the existence of bonded labour which shames the administration but

rather its inability to provide for and to take all the necessary measures to ensure that it is

eradicated by quickly identifying the bonded labourers in order to free them and

rehabilitatingthem in a lasting manner.”

Justice Bhagwati21

Introduction

Bonded labour is a variation of slavery22. In India, a traditional worker employer relationship

dates back more than 1,500 years, and continues today with more than sixty-five million people
in its grip. Bonded labour system is closely related to the caste system in India; since an
estimated 80 per cent of bonded labours are Dalits, or likewise indigenous people like Adivasis 23.
The relationship between caste and occupation is so close that that some academics believe the
caste system itself evolved as a formalization of already-existing patterns of domination and
control, including rigid stratification of occupations.

Bonded Labour in India is characterised by two elements- which are either the absence of
consent by the affected party. Alternatively, the use of force or threat to procure labour. In its
report “Global Alliance against Forced Labour”, the ILO notes some of the forms in which
constraint factors may take such as the existence of a debt, physical constraints, the sale of a
person to another individual, detention at the workplace, non-payment of wages, confiscation of
identity documents, denunciation to authorities, threat of loss of employment if the person
refuses to work more than envisaged under the contract initially signed.

21
Extract from a judgment of the Supreme Court, Bandhua Mukti Morcha vs Union of India and others
22
U.N. Supplementary Convention on the Abolition of Slavery, supra note 2, art. I. A
23
Tanika Sarkar, Bondage in the Colonial Context, in CHAINS OF SERVITUDEs, supra note 14, at 96, 111-12.
One of the reasons with the weak implementation of bonded labour system (abolition) is due to
caste considerations.The Union Minister of Labour while moving the bonded labour abolition
bill had stated that the system of bonded labour is “the most anomalous remnant of feudalism
still vitiating our society. It is the moral duty of the nation to abolish the system”.

The Bonded labour system (Abolition )Act ,1976:

The Bonded labour system (Abolition )Act ,1976 was normatively a remarkably brave piece of
legislation. The prospect of effective legal action against an entrenched social practice. Even
though many states such as Orissa in 1948, Rajasthan in 1971 and Uttar Pradesh in 1974 had
already enacted laws to deal with the debt bondage. What is surprising to note is the fact that
there was a politics of denial. When the states were confronted with the national legislation,
several states had denied that there ever existed a bonded labour system in their jurisdiction. Yet
proceeded to claim the funding from centre for its elimination. Even though this act was a
symbolic piece of legislation it will be seen here how the strategy of non–implementation at the
grass root level worked by the local administration cancelled the letter and spirit of this radical
enactment.

Post emergency there was a rise of Judicial transgression. The Supreme Court of India presented
itself as a court for all the constitutionally worst off Indian citizens. Justice Bhagwati went far
beyond the evil of bonded labour system and to expand the original statutory intent to extend all
forms of unfree labour. However, the judicially enlarged category of unfree labour did not result
in emancipation and rehabilitation of the bonded labours as a group or class. It must be seen that
there was lack of judicial will to enforce its own human rights jurisprudence.

AN ANALYSIS IN THE LIGHT OF BANDHUA MUKTI MORCHA VS

UNION OF INDIA CASE:
Bandhua Mukti Morcha is an organization dedicated to the cause of release of bonded laborers in
the country. The system of bonded labor has been prevalent in various parts of the country since
long prior to the attainment of political freedom and it constitutes an ugly and shameful feature
of our national life. This system based on exploitation by a few socially and economically
powerful persons trading on the misery and suffering of large numbers of men and holding them
in bondage is a relic of a feudal hierarchical society which hypocritically proclaims the divinity
of men but treats large masses of people belonging to the lower rungs of the social ladder or
Economically impoverished segments of society as dirt and chattel. This system under which one
person can be bonded to provide labor to another for years and years until an alleged debts
supposed to be wiped out which never seems to happen during the life time of the bonded
laborer, is totally incompatible with the new egalitarian socio-economic order which we have
promised to build and it is not only an affront to basic human dignity but also constitutes gross
and revolting violation of constitutional values.

Bandhua Mukti Morcha (BMM) was formed in 1981 to wage a battle against the pernicious
bonded labour system in India. Administrative and political will to carry out the Constitutional
mandate and enforce prohibitive laws of the land failed to produce any results. Against all odds,
Bandhua Mukti Morcha has achieved the release of over 1,24, 000 bonded Indians from the
shackles of slavery. A large number of them have been rehabilitated. From the Carpet Industry
alone, about a thousand children have been rescued and restored to their parents. Their
rehabilitation has been monitored effectively. BMM has started a campaign for the provision of
non-formal, full time education for these children, along with the supply of nutrition to each and
also some food security to their poor families.

Slavery persists in our age in various forms. The bonded labor system is one of them. Child
labour is another kind of bonded labour. Both arise out of socio-economic and historical reasons.
India, the largest democratic country in the world, has 65 million bonded child labourers, and
300 million adult labourers living a life of bondage and contemporary forms of slavery,
according to our estimates. This is despite Constitutional guarantees and prohibitive laws like the
Bonded Labour System (Abolition) Act 1976, the Child labour (Prohibition and Regulation Act)
1986 and International Conventions on the subject. Child labour (5 years to 14 years of age) is
rampant not only in agriculture but also in industries such as those manufacturing matches, locks,
carpets, stone quarries, brick kilns, tanneries and diamond cutting and polishing units. These
children are denied their fundamental right to childhood, to education, to play and to dream like a
normal child. They have to labour for more than 8 hours every day. Legal and human rights
battles on their behalf have been successfully fought in the Supreme Court of India. Parliament
too has been approached. United Nations Human Rights Commission, ILO and UNICEF have
been sensitized. Yet, the 20 year-old struggles is only a beginning. A lot more remains to be
done.

FACTS OF THE CASE

It would be instructive to briefly discuss the facts of the case before delving into the legal issues
arose therein. The petitioner made a survey of some of the stone quarries in Faridabad district
near the city of Delhi and found that there were a large number of labourers from Maharashtra,
Madhya Pradesh, Uttar Pradesh and Rajasthan who were working in these stone quarries under
"inhuman and intolerable conditions" and many of whom were bonded labourers. The petitioner
therefore addressed a letter to one of us on 25th February, 1982 pointing out that in the mines of
Shri S.L. Sharma, Gurukula Indra Prastha, Post Amar Nagar Faridabad, District, a large number
of labourers were languishing under abject conditions of bondage for last about ten years, and the
petitioner gave the names of 11 bonded labourers who were from village Asarha, Banner district
of Rajasthan, 7 bonded labourers who were from village Bharol, district Jhansi of Madhya
Pradesh and 23 bonded labourers who were from village Barodia, Bhanger, TehsilKhurai, district
Sagar, M.P. The petitioner also annexed to its letter, statements in original bearing the thumb
marks or signatures as the case may be of these bended labourers referred to in the letter.

The court laid down comprehensive measures for the rehabilitation and supportive working
environment of the labourers working in mine leases. The court also directed that the Assistant
Labour Commissioner and the Deputy Labour Commissioner should verify whether the nine
mining lessees to whom notice had been issued were paying the labourers wages that was
commensurate with the provisions of the Minimum Wages Act. According to the facts stated
before the court the mine lessees had been repeatedly and continuously committed gross
violation of labour laws including non-payment of minimum wages and the State of Haryana
must consider cancellation the leases of the defaulters.
BROAD ISSUES EXAMINED BY THE COURT

1. Whether Article 32 of the Constitution is attracted to the instant case as no fundamental

right of the petitioners or of the workmen referred to in the petition are infringed.
2. Can a letter addressed by a party to this Court be treated as a writ petition and in the
absence of any verified petition this Court can be moved to exercise its writ jurisdiction.
3. During a proceeding under Article 32 of the Constitution, can this Court be empowered
to appoint any commission or an investigating body to enquire into the allegations made
and makes a report to this Court on the basis of the enquiry to enable this Court to
exercise its power and jurisdiction under Article 32 of the Constitution.

THE REASONING EMPLOYED BY THECOURT AND ITS DECISION:

The substance of the grievance of the petitioners in this petition is that the workmen referred
to in the communication addressed to this Court are bonded labourers. In 1976, the Parliament
enacted the Bonded Labour System (Abolition) Act, 1976 and by virtue of the provisions of the
said Act, the bonded labour system has been declared to be illegal in this country. Any person
who is wrongfully and illegally employed as a labourer in violation of the provisions of the Act,
is in essence deprived of his liberty. A bonded labourer truly becomes a slave and the freedom of
a bonded labourer in the matter of his employment and movement is more or less completely
taken away and forced labour is thrust upon him. When any bonded labourer approaches this
Court, the real grievance that he makes is that he should be freed from this bondage and he prays
for being set at liberty and liberty is no doubt a fundamental right guaranteed to every person
under the Constitution. There cannot be any manner of doubt that any person who is wrongfully
and illegally detained and is deprived of his liberty can approach this Court under Article 32 of
the Constitution for his freedom from wrongful and illegal detention, and for being set at liberty.
The second ground which raises the question whether the letter addressed by a party to this
Court can be treated as a writ petition and in the absence of any verified petition this Court can
be moved to exercise its writ jurisdiction, is essentially an objection to the procedure to be
adopted by this Court in the matter of entertaining a proceeding under Article 32 for enforcement
of fundamental rights of the parties. Article 32(1) of the Constitution which has been earlier set
out guarantees the right to move this Court by an appropriate proceeding for the enforcement of
the fundamental rights. Article 32(2) confers wide powers on this Court in the matter of granting
relief against any violation of the fundamental rights. Article 32 or for that matter any other
article does not lay down any procedure which has to be followed to move this Court for relief
against the violation of any fundamental right. Article 32(1) only lays down that the right to
move this Court by appropriate proceedings for enforcement of fundamental rights is guaranteed.

The fundamental rights are guaranteed by the Constitution and for the enforcement of the
fundamental rights very wide powers have been conferred on this Court. Before this Court
proceeds to exercise its powers under Article 32 of the Constitution for enforcing the
fundamental rights guaranteed, this Court has to be satisfied that there has been a violation of the
fundamental rights. The fundamental rights may be alleged to have been violated under various
circumstances. The facts and circumstances differ from case to case. Whenever, however, there
is an allegation of violation of fundamental rights, it becomes the responsibility and also the
sacred duty of this Court to protect such fundamental rights guaranteed under the Constitution
provided that this Court is satisfied that a case for interference by this Court appears prima facie
to have been made out very often the violation of fundamental rights is not admitted or accepted.
On a proper consideration of the materials the Court has to come to a conclusion whether there
has been any violation of fundamental rights to enable the Court to grant appropriate reliefs in
the matter. In various cases, because of the peculiar facts and circumstances of the case the party
approaching this Court for enforcement of fundamental rights may not be in a position to furnish
all relevant materials and necessary particulars.

Question – 4: Discuss the problem faced by indigenous community and Tribal

people due to Public Project like Dams, Displacement and their Rehabilitation
and the law in India.
Answer 4:

Introduction:-

The coexistence of fundamentally different culture patterns and styles of living has always
been a characteristic feature of the Indian stage. Unlike most parts of the world, in India, the
arrival of new immigrants and the spread of their way of life did not necessarily cause the
disappearance of earlier and materially less advanced ethnic groups. The old and the new co-
existed. Such a consequence was partly due to the great size of the sub-continent and dearth of
communications. More important than this was an attitude basic to Indian ideology, which
accepted variety of cultural forms as natural and immutable, and did not consider their
assimilation to one dominant pattern in any way desirable. This does not mean, however, that
none of the tribes ever became incorporated in the systems of hierarchically ranked castes.
Wherever economic necessity or encroachment of their habitant by advanced communities led to
continued inter-action between tribes and Hindus, cultural distinctions were blurred, and what
had once been self-contained and more or less independent tribes gradually acquired the status of
castes.

In many cases they entered caste systems at the lowest rung of the ladder. Some untouchable
castes of Southern India, such as the Cherumans and the Panyers of Kerala, were undoubtedly at
one time independent tribes, and in their physical characteristics they still resemble neighboring
tribal groups, which have remained outside the Hindu society. There are some exceptions, such
as the Meitheis of Assam who achieved a position comparable to that of Kshatriyas. Tribes who
retained their tribal identity and resisted inclusion within the Hindu fold fared on the whole
better than the assimilated groups and were not treated as untouchables, even if they indulged in
such low-caste practices as eating beef.

In many areas tribals unable to resist the gradual alienation of their ancestral land, either
withdrew further into hills and tracts of marginal land, or accepted the economic status of tenants
or agricultural labourers on the land their forefathers had owned. There were some tribes,
however, who rebelled against an administration, which allowed outsiders to deprive them of
their land. In the Chhota Nagpur and the Santhal pargansas such rebellions of desperate
tribesmen recurred throughout the nineteenth century, and there were minor risings in the
Agency tracts of Madras and in some of the districts of Bombay inhabited by Bhils. Thus the
Santhals are believed to have lost about 10,000 men in their rebellion of 1855. None of these
insurrections were aimed primarily at the British administration, but they were a reaction to their
exploitation and oppression by Hindu landlords and money-lenders who had established
themselves in tribal areas and were sheltered by a Government which had instituted a system of
land settlement and administration of justice favoring the advanced communities at the expense
of simple and illiterate tribes. 

These dilemmas and atrocities has led to a more sensitive constitutional provisions and
considerations of tribes in the indian constitution.

Constitutional provisions:

The Constitution of India provides for uniform rule over the whole country but certain regions of
the country are governed by special provisions. These provisions ensure the protection of cultural
identifies customs and economic and political interests of the original inhabitants of these areas.
Article 15(4) enjoins upon the State to make special provisions for the advancement of any
socially and educationally backward classes; Article 16(4) empowers the State to make
provisions for reservation in appointments or posts in favour of any backward class of citizens,
which in the opinion of the State, is not adequately represented in the services under the State;
Article 46 enjoins upon the State to promote with special care the educational and economic
interests of the weaker sections of the people and, in particular, the STs and promises to protect
them from social injustice and all forms of exploitation. Further, while Article 275(1) promises
grant-in-aid for promoting the welfare of STs and for raising the level of administration of the
Scheduled Areas, Articles 330,332 and 335 stipulate reservation of seats for STsin the Lok Sabha
and in the State Legislative Assemblies and in services.

Finally, the Constitutional so empowers the State to appoint a Commission to investigate the
conditions of the socially and educationally backward classes (Article 340) and to specify those
Tribes or Tribal Communities deemed to be as STs (Article 342).

The tribes have been given a specific consideration in the constitution of India. For
administrative purpose, tribes have been defined as “Scheduled tribes” in the constitution.
  Fifth schedule - In this Schedule, unless the context otherwise requires, the expression
"State" does not include theStates of Assam, Meghalaya, Tripura and Mizoram.
Scheduled Areas. –
1. In this Constitution, the expression "Scheduled Areas" means such areas as the
President may by orderdeclare to be Scheduled Areas.
2. The President may at any time by order;
(a) direct that the whole or any specified part of a Scheduled Area shall cease to
be a Scheduled Area or a part of such an area; increase the area of any Scheduled
Area in a State after consultation with the Governor of that State (b) alter, but
only by way of rectification of boundaries, any Scheduled Area;

Administration and control of scheduled areas and scheduled tribes –

Tribes Advisory Council There shall be established in each State having Scheduled Areas therein
and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled
Areas therein, a Tribes Advisory Council consisting of not more than twenty members of whom,
as nearly as may be, three-fourths shall be the representatives of the Scheduled Tribes in the
Legislative Assembly of the State: Provided that if the number of represenatives of the
Scheduled Tribes in the Legislative Assembly of the State is less than the number of seats in the
Tribes Advisory Council to be filled by such representatives, the remaining seats shall be filled
by other members of those tribes.
(2) It shall be the duty of the Tribes Advisory Council to advise on such matters pertaining to the
welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the
Governor

(3) The Governormay make rules prescribing or regulating, as the case may be,-

 the number of members of the Council, the mode of their appointment and the
appointment of the Chairman of the Council and of the officers and servants thereof;
 the conduct of its meetings and its procedure in general; and
 all other incidental matters.
Law applicable to Scheduled Areas.-

(1) Notwithstanding anything in this Constitution, the Governor may by public notification direct
that any particular Act of Parliament or of the Legislature of the State shall not apply to a
Scheduled Area or any part thereof in the State or shall apply to a Scheduled Area or any part
thereof in the State subject to such exceptions and modifications as he may specify in the
notification and any direction given under this sub-paragraph may be given so as to have
retrospective effect.
(2) The Governor may make regulations for the peace and good government of any area in a
State which is for the time being a Scheduled Area. In particular and without prejudice to the
generality of the foregoing power, such regulations may-
(a) prohibit or restrict the transfer of land by or among members of the Scheduled Tribes in such
area;
(b) regulate the allotment of land to members of the Scheduled Tribes in such area;
(c) regulate the carrying on of business as money-lender by persons who lend money to members
of the Scheduled Tribes in such area.
(3) In making any such regulation as is referred to in sub-paragraph (2) of this paragraph, the
Governor may repeal or amend any Act of Parliament or of the Legislature of the State or any
existing law which is for the time being applicable to the area in question.
(4) All regulations made under this paragraph shall be submitted forthwith to the President and,
until assented to by him, shall have no effect.
(5) No regulation shall be made under this paragraph unless the Governor making the regulation
has, in the case where there is a Tribes Advisory Council for the State, consulted such Council.

 Sixth schedule–It is basically about the administration in ‘tribal’ areas of the state of
Assam, Mizoram, Meghalaya and Tripura. Autonomous districts and autonomous regions
are Subject to the provisions of this paragraph, the tribal areas in each item of Parts I, II
and IIA and in Part III of the table appended to paragraph 20 of this Schedule shall be an
autonomous district. (2) If there are different Scheduled Tribes in an autonomous district,
the Governor may, by public notification, divide the area or areas inhabited by them into
autonomous regions.
Conclusion:

Despite the presence of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)
Act, 1995, adivasis have often faced violent repression and eviction. In Walking With The
Comrades, Arundhati Roy observes the ground realities of the Naxal movement in Dantewada
forest, Chhattisgarh that we most often don’t hear about. She notes the otherwise hospitable
nature of the armed and militant Naxalites. In Dantewada, the symbiotic co-existence of
corporations like the bauxite mining company, Vedanta and land acquisition laws is contrasted
with the difficult lives of the native tribals, who have had to fight both Corporates and
Government Military and para-military forces for the right to stay and work on their lands. The
government had Koya Commandos, the CAF, CRPF, ITBP, CISF, Cobras, Scorpions (some of
them para-military) and a policy called ‘wham’: Winning Hearts and Minds to supposedly help
adivasis. However, in reality the policy was dominated by violent operations such as Operation
Green Hunt backed by the controversial AFSPA. The Modi government’s ‘Ghar Wapsi’ is
another rhetorical front for a derogatory policy of converting adivasis to the Hindu faith. The
issue discussed is the efficient management of this control, rather than of the relationship
between the state and those people affected by its policies.

Question – 5: Write an elaborate essay on Concept of Legal Aid and the Poor
– with special reference to The Legal Services Authorities Act.

Answer 5:

Introduction:-

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. Legal aid is
available for those persons who are poor, illiterate and not having sufficient means. Legal aid is
free legal assistance to the poor and weaker sections of the society with the object to enable them
to exercise the rights and justice for them by law. When constitution came into force, there was
no concept of legal aid. But, when it was seen that all the people who are very poor and needy,
was not getting justice then the concept of legal aid was added through 42nd amendment in
article 39A (in part IV i.e. Directive Principles of State Policy) of Indian constitution because
judicial system in india is very lengthy, expensive and time taking and due to lack of means and
money some persons are not able to hire any legal professionals for any legal works and because
of that they are exempted from justice. Sometimes the rich hire good and expensive lawyers to
represent themselves but the poor don’t get that benefit. So, we can say that there is no equal
justice. In Indian constitution, under Article 14 and 22(1) of the constitution also make it
obligatory for the State to ensure equality before law and a legal system which promotes justice
on the basis of equal opportunity to all. So for providing equal justice for all the concept of legal
aid added in article 39A that says “The State shall secure that the operation of the legal system
promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid,
by suitable legislation or schemes or in any other way, to ensure that opportunities for securing
justice are not denied to any citizen by reason of economic or other disabilities. 24” It talks about
equal justice and free legal aid.

Legal aid according to P.N. Bhagwati In 1971, a legal aid committee was formed by state of
Gujrat on legal aid with its chairman, Mr. P.N. Bhagwati along with its member Mr. J.M.
Thakore, Mr. VV Mehta, Mr. Madhavsing F. Solanki and Mr. Girishbhai C. Patel. P.N. Bhagwati

answered to the question of inequality in the administration of justice between the rich and the
poor. In this regard Justice P.N. Bhagwati rightly observed that:

The legal aid means providing an arrangement in the society so that the missionary of
administration of justice becomes easily accessible and is not out of reach of those who have to
resort to it for enforcement of its given to them by law, the poor and illiterate should be able to
approach the courts and their ignorance and poverty should not be an impediment in the way of
their obtaining justice from the courts. Legal aid should be available to the poor and illiterate,
who don't have access to courts. One need not be a litigant to seek aid by means of legal aid.
24
Article 39A of Indian constitution
Legal aid according to judgement in different cases. In the case of Hussainara khatoon v. State of
Bihar25, it was held that if any accused is not able to afford legal services then he has a right to
free legal aid at the cost of the state. In case of Sheela Barse V. State of Maharashtra 26, it was
held that the police must inform the nearest Legal Aid Committee about the arrest of a person
immediately after such arrest.

Legal aid movement and its statutory recognition:-

As stated and discussed in earlier chapters, Article 39A of the Constitution of India provides
that state shall ensure that the operation of the legal system promotes justice on a basis of equal
opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes or in
any other way, to ensure that opportunities for securing justice are not denied to any citizen by
reason of economic or other disability. Articles 14 and 22 (1) also make it obligatory for the state
to ensure equality before law and a legal system which promotes justice on a basis of equal
opportunity to all. Legal aid strives to ensure that this constitutional pledge is fulfilled in its letter
and spirit and equal justice is made available to the poor, downtrodden and weaker sections of
the society.
Although, Article 39A was incorporated in the Constitution in the year 1976 and came into
operation i.e. 3 January, 1977 yet the movement of legal aid in the Republic of India had started
way back since the Constitution promised to secure to all its citizens justice-social, economic and
political which was w.e.f. 26 January, 1950. Since 1952, the government of India also started
addressing to the question of legal aid for the poor in various conferences of Law Ministers and
Law Commissions. In 1960, some guidelines were drawn by the government for legal aid
schemes. In different states, legal aid schemes were floated through Legal Aid Boards, Societies
and Law Departments. In 1980, a committee at the National level was constituted to oversee and
supervise legal aid programmes throughout the country under the chairmanship of Justice P.N.
Bhagwati, then a judge of the Supreme Court of India. This Committee came to be known as
CILAS (Committee for Implementing Legal Aid Schemes) and started monitoring legal aid
activities throughout the country.
The introduction of Lok Adalats added a new chapter to the justice dispensation system of
this country and succeeded in providing a supplementary forum to the litigants for conciliatory

25
(1980) 1 SCC 98
26
AIR 1983 SC 378
settlement of their disputes. In 1987, Legal Services Authorities Act was enacted to give a
statutory base to legal aid programmes throughout the country on a uniform pattern. This Act
was finally enforced on 9 November, 1995 after certain amendments were introduced therein by
the Amendment Act of 1994. Mr. Justice R.N. Mishra, the then Chief Justice of India played a
key role in the enforcement of the Act.

Constitution and functions of Central Authority:-

Section 3 of the said Act talks about Constitution of a National Legal Services Authority and
section 4 of the said Act defines the functions of the Central Authority (NALSA) which are as
follows:—
“The Central Authority shall perform all or any of the following functions, namely:—
1. lay down policies and principles for making legal services available under the
provisions of this Act;
2. Frame the most effective and economical schemes for the purpose of making legal
services available under the provisions of this Act;
3. utilise the funds at its disposal and make appropriate allocations of funds to the
State Authorities and District Authorities;
4. Take necessary steps by way of social justice litigation with regard to consumer
protection, environmental protection or any other matter of special concern to the
weaker sections of the society and for this purpose, give training to social workers
in legal skills;
5. organise legal aid camps, especially in rural areas, slums or labour colonies with
the dual purpose of educating the weaker sections of the society as to their rights
as well as encouraging the settlement of disputes through Lok Adalats;
6. Encourage the settlement of disputes by way of negotiations, arbitration and
conciliation;
7. Undertake and promote research in the filed of legal services with special
reference to the need for such services among the poor;
8. To do all things necessary for the purpose of ensuring commitment to the
fundamental duties of citizens under Part IVA of the Constitution;
 9. monitor and evaluate implementation of the legal aid programmes at periodic
intervals and provide for independent evaluation of programmes and schemes
implemented in whole or in part by funds provided under this Act;
10. Provide grants-in-aid for specific schemes to various voluntary social service
institutions and the State and District Authorities, from out of the amounts placed
at its disposal for the implementation of legal services schemes under the
provisions of this Act;
11. Develop, in consultation with the Bar Council of India, programmes for clinical
legal education and promote guidance and supervise the establishment and
working of legal services clinics in universities, law colleges and other
institutions;
12. take appropriate measures for spreading legal literacy and legal awareness
amongst the people and, in particular, to educate weaker sections of the society
about the rights, benefits and privileges guaranteed by social welfare legislations
and other enactments as well as administrative programmes and measures;
13. make special efforts to enlist the support of voluntary social welfare institutions
working at the grass-root level, particularly among the Scheduled Castes and the
Scheduled Tribes, women and rural and urban labour; and
14. Coordinate and monitor the functioning of State Authorities, District Authorities,
Supreme Court Legal Services Committee, High Court Legal Services
Committees, Taluk Legal Services Committees and voluntary social service
institutions and other legal services organizations and given general directions for
the proper implementation of the Legal Services programmes.”

Nature of functions and duties performed by LSA

The nature of functions and duties performed by different Legal Services Authorities are
describe under the Legal Services Authorities Act as hereunder—
(i) Free Legal Services
i. Payment of court fee, process fees and all other charges payable or incurred in
connection with any legal proceedings;
 ii. Providing Advocate in legal proceedings;
iii. Obtaining and supply of certified copies of orders and other documents in legal
proceedings;
iv. Preparation of appeal, paper book including printing and translation of documents
in legal proceedings etc. etc.
v. Pre litigation settlement by mediation/conciliation etc.

(ii) Eligible persons for getting free legal services

i) Women and children
ii) Members of SC/ST
iii) Industrial Workmen
iv) Victims of trafficking in human beings or beggars
v) Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster
etc.
vi) Disabled persons
vii) Persons in custody
viii) Persons whose annual income does not exceed Rs.50,000/-.

(iii) Free Legal Services can be availed from

i) Supreme Court Legal Services Committee, 109, Lawyers Chambers, Supreme
Court of India, New Delhi for Supreme Court Cases.
ii) State Legal Services Authority constituted in all the States of the country
iii) High Court Legal Services Committee situated at High Court Complex in every
High Court.
iv) District Legal Services Authority situated in the District Courts Complex in every
District of the country.
v) Taluk legal services committees situated in sub-divisions and small towns.
Constitution and function of State Legal Services Authorities
Section 7 of the Legal Services Authorities Act, 1987 describes the functions of the state
authority as hereunder—
(1) It shall be the duty of the State Authority to given effect to the policy and directions of
the Central Authority.
(2) Without prejudice to the generality of the functions referred to in sub-section (1), the
State Authority shall perform all or any of the following functions, namely:—
 Give legal service to persons who satisfy the criteria laid down under this Act;
 Conduct Lok Adalats, including Lok Adalats for High Court cases;
 Undertake preventive and strategic legal aid programmes; and
 Perform such other functions as the State Authority may, in consultation with
the Central Authority, fix by regulations.
The scheme of the Act formulates the constitution of State Legal Services Authorities in each
and every state to be constituted by the state government and further High Court Legal Services
Committee, District Legal Services Authority and Taluk Legal Services Committee have to work
under the supervision, guidance and control of the State legal Services Authority and all State
Legal Services Authorities have to work under the overall superintendent, guidance and control
of the National Legal Services Authority.

Forum for settlement of disputes/cases:

Lok Adalat is a forum where the disputes/cases pending in the court of law or at pre-
litigation stage are settled/compromised amicably. Lok Adalat has been given statutory status
under the Legal Services Authorities Act, 1987. An award made by the Lok Adalat is deemed to
be decree of a civil court and is final and binding on all parties and no appeal lies before any
court against it as per section 21 of the Act.

(i) Nature of cases to be referred to Lok Adalats

i) Any case pending before any court.
ii) Any dispute which has not been brought before any court and is likely to be filed
 before any court:
Provided that any matter relating to an offence not compoundable under the law
shall not be referred to/settled in Lok Adalat.

(ii) How to get the case referred to the Lok Adalat for settlement
(a) Case pending before the courts:
i. If the parties agree to settle the dispute in Lok Adalat or
ii. One of the parties make an application to the court or
iii. The court is satisfied that the matter is an appropriate one for settlement in Lok
Adalat.

Conclusion:

Legal aid is like a duty of state because the primary object of state is “Equal Justice for All”. But,
today People are still not aware of their basic rights and that’s why the main purpose of inserting
the concept of legal aid is not fulfilling. It is the absence of legal awareness which leads to
exploitation and deprivation of rights and benefits of the poor. So, the government should make
people aware about their rights so that they use their rights like legal aid. In most of the instances
courts have interpreted and stated that trial is vitiated and conviction has to be set aside when
there is no advocate for the accused i.e. implying that appointment of legal aid advocate is
mandatory. Legal aid is not a charity or bounty, but is an obligation of the state and right of the
citizens. The prime object of the state should be ―equal justice for all‖.
Thus, legal aid strives to ensure that the constitutional pledge is fulfilled in its letter and spirit
and equal justice is made available to the downtrodden and weaker sections of the society. But in
spite of the fact that free legal aid has been held to be necessary adjunct of the rule of law, the
legal aid movement has not achieved its goal. There is a wide gap between the goals set and met.
The major obstacle to the legal aid movement in India is the lack of legal awareness. People are
still not aware of their basic rights due to which the legal aid movement has not achieved its goal
yet. It is the absence of legal awareness which leads to exploitation and deprivation of rights and
benefits of the poor