Subject: Appointment of Two General Counselllors in High Court Legal Services

Committee.

With the aim of reaching out to the diverse milieu of people belonging to different socio-
economic, cultural and political backgrounds, NALSA identifies specific categories of the
marginalized and excluded groups from the diverse populace of the country and formulates
various schemes for the implementation of preventive and strategic legal service programmes
to be undertaken and implemented by the Legal Services Authorities at the various levels. In
carrying out all these responsibilities, NALSA works in close coordination with the various
State Legal Services Authorities, District Legal Services Authorities and other agencies for a
regular exchange of relevant information, monitoring and updating on the implementation and
progress of the various schemes in vogue and fostering a strategic and coordinated approach to
ensure smooth and streamlined functioning of the various agencies and stakeholders.
The National Legal Services Authority from time to time has launched various
schemes for the purpose of making legal services available to the weaker sections and to ensure
that opportunities for securing justice are not denied to any person by reason of economic or
other disabilities. Certain acts which need to be implemented relating to these Schemes require
constant persuasions.

Mediation and Conciliation are recognized as two important and effective modes
of alternative disputes resolution system. These are considered as effective and meaningful
alternatives to litigation through Courts for resolution of disputes through the guidance and
assistance of a neutral and impartial third party. The mediation in the context of matrimonial
dispute is different in its form and content from that in the context of commercial and property
disputes. The matrimonial disputes are distinct from other types of disputes on account of
presence of certain factors which are not obtained in other disputes. These factors are
motivation, sentiments, social compulsions, personal liabilities and responsibilities of the
parties, the views of two parties regarding life in general and to the institution of marriage in
particular, the security for the future life and so on. Therefore, the matrimonial counselling is
necessarily different from mediation or counselling for a business dispute.

It has also been seen that the process of Mediation would be more beneficial if the
help of Counsellors is taken during the process as because during the session if the services of
Counsellors are taken the process of Mediation would take a very new pedestal keeping in
mind the psyche of the disputing parties and their children.

Counsellors give advice and assistance to couples who are considering separation
or who are finding it difficult to cope with separation. Counselling may help resolve a problem
without going to court. Marriage counselling helps the couple to overcome their immediate
problems, resolve conflict and improve their relationship. It also equips them to meet the future
issues. Through counselling, a couple can get better insight into their deteriorating relationship,
identify the crucial factors behind their differences and make a rational decision rather than
choosing the ultimate separate ways.
 The counselling of the children of the broken marriages is also essential to
alleviate the problems of such children. Child counseling is important because is an opportunity
for the child to learn to regulate their emotions and understand the connection between their
feelings and behaviour in order to have more control over the them. Child Counseling promotes
well-being, motivation, self-esteem, re-silience, self-improved goals, copying skills and
decrease of anxiety etc. Parent alienation syndrome presents in children of broken families.
Through the process of counseling help parents to make them realise about the child needs.

In a similar way, the senior citizens constitute a class in themselves. They are a
reservoir of experience and knowledge, yet in many cases they are marginalized and almost
wished away by the younger sections of the society as a burden on the society. The continuous
abuse of the senior citizens i.e. infliction of physical, emotional or psychological harm on the
older persons has been increased.

As per Regulation 9 of the National Legal Services Authority (Free and

Competent Legal Services) Regulations, 2010:-

“9. Legal services by way of legal advice, consultation, drafting and

conveyancing. – “
(1) The Executive Chairman or Chairman of the Legal Services
Institution may maintain a separate panel of senior lawyers, law firms, retired
judicial officers, mediators, conciliators and law professors in the law
universities or law colleges for providing legal advice and other legal services
like drafting and conveyancing.
(2) The Executive Chairman or Chairman of the Legal Services
Institution, as the case may be, may maintain a separate panel of retired senior
bureaucrats, senior executives, retired police officials, doctors, engineers,
psychiatrists, marriage counsellors, chartered accountants, educationists and
other experts of the specialised field for legal services and honorarium payable
to them shall be decided by the Executive Chairman of State Legal Services
Authority or the Chairman of the Supreme Court Legal Committee, as the case
may be.
(3) The Member Secretary may send a request to Senior Advocates to
volunteer their pro bono professional services for rendering advice as and when
required.”

It is also relevant to mention here that Mediation and Conciliation Centre is

working at ADR Centre, District Courts, Sector 43, Chandigarh under the supervision of
District Legal Services Authority, Chandigarh. They had apprised that as per discussion with
SHO, Women Cell, Chandigarh, there are 1700 complaints pertaining to matrimonial disputes
pending in said Police Station for conciliation proceedings. The matters pertaining to
matrimonial disputes are also referred to Mediation and Conciliation Centre, Chandigarh by
Women Cell, Chandigarh for settlement process. The cases of matrimonial disputes are also
referred to Mediation and Conciliation Centre, Chandigarh by Family Court, Chandigarh. In
said view of the matter, the State Legal Services Authority, Union Territory, Chandigarh had
also appointed two General Counsellors with Qualification and Experience as Master’s Degree
in sociology/social work/psychology giving preference to the law graduates who have requisite
experience of working with NGOs and in the filed of child and matrimonial counselling purely
on contract basis for a period of six months which may be extended after assessking their
performance specifying that the said Contract can be terminated at any point of time without
any prior notice.

Furthermore, it is worthwhile to mention here that Ms. Garima Sharma,

Counsellor is already rendering her services at this Hon’ble Court. In the matters of
matrimonial and custody of Children etc., the Hon’ble Courts, while passing the judicial orders
direct the parties to appear before her for counselling so that she may interact with them. After
furnishing the report(s) by the said Counsellor to the Hon’ble Courts, her renumeration is fixed
to the tune of Rs.5000/- in each case to be paid by the High Court Legal Services Committee.
Till date, as per the record, Ms. Garima Sharma, Counsellor had already been paid the
renumeration in 90 cases i.e. Rs.4,50,000/- by the High Court Legal Services Committee, in
which she had furnished her reports after interacting with the parties.

The Hon’ble Chairperson of High Court Legal Services Committee has desired to
appoint two General counsellors for counselling in the matters of matrimonial disputes,
disputes of senior citizens etc. Likewise, as done by the State Legal Services Authority, UT,
Chandigarh, two General Counsellors may be appointed by the HCLSC on an honorarium of ₹
50,000/- per month on contract basis for a period of six months which may be extended after
assessing their performance and they may also be paid Rs.10,000/- per month as conveyance
expenses/charges. The persons to be appointed as counsellors must have Master’s Degree in
sociology/social work/psychology. The preference shall be given to law graduates who have
requisite experience of working with NGOs and in the field of child and matrimonial
counselling. These counsellors will also pave the way of NALSA’s motto of ‘Access to
Justice’.

Detailed information for the post of General Counsellors is as under:

Sr. Nomenclature of the posts Qualification No. of Honorarium

No. and Experience counsellors to be
engaged
1 General Counsellors Master’s Degree 2 Consolidated
in amount of Rs.
sociology/social 50,000/- per
work/psychology. month with
( The preference Conveyance
shall be given to charges of Rs.
law graduates 10,000/- per
who have month.
requisite
experience of
working with
NGOs and in the
filed of child and
matrimonial
counselling.)
JOB PROFILE OF GENERAL COUNSELLORS:

The General Counsellors would do counselling in matrimonial disputes, matters relating to

women and children, senior citizens etc. Many complaints are received from senior citizens on
account of family disputes. The General Counsellors would help couples to understand the
source of their conflicts and try to resolve them. They would help address and resolve issues
that couples may not realize are the core of their problems. They would analyze the behavioral
patterns of couples and identify those who lead the conflict, in order to get resolved the
disputes. The General Counsellors would do counselling of children and parents in matters of
custody including joint custody/shared parenting.
SELECTION CRITERIA:

Selection shall be made on the basis of interview/interaction. Knowledge, experience

and expertise in relevant filed shall be assessed during the course of interview/interaction. The
High Court Legal Services Committee shall reserve the right to shortlist the applications on the
basis of the criteria fixed by the Committee.

DOCUMENTATION:

1. The attested copies of documents from Gazetted officer I.e ID Proof, Date of Birth, all
Certificates of Education Qualification/ Experience and other Certificates relied upon to
be attached with the application form.
2. The last date for submission of applications is _____________ till 05:00 P.M.
3. Any application received after the last date shall not be entertained under any
circumstances. The High Court Legal Services Committee shall not be responsible for
any delay including of postal/courier services.
4. A candidate must not exceed the age of 62 years as on the last date of receipt of
application and must be a citizen of India.”

In view of the position explained hereinabove, the papers are being submitted before the
authorities for kind perusal, consideration and appropriate orders in the matter.

(Naresh Ghai),
Jr.Asst. 01.06.2023

Superintendent (Lok Adalat)

“Facts of the case have been verified and are correct”.

(Superintendent)

Ld. Secretary, HCLSC