Professional Documents
Culture Documents
Yadu Internship Report
Yadu Internship Report
INTERNSHIP REPORT
YADU KRISHNAN S.
10th SEM 5 YEAR BA LLB
2018-2023
GOVERNMENT LAW COLLEGE
THIRUVANANTHAPURAM
REPORT ON INTERNSHIP
2018-2023
SUBMITTED BY
YADU KRISHNAN S.
47318550079
10th SEMESTER 5 YEAR BA.LLB
2
TABLE OF CONTENTS
Sl no Content Page no
1 Certificate 4
2 Acknowledgment 5
3 Preface 6
4 Internship timeline 7
5 Alappuzha district 8-19
legal service
authority
6 Aaryad south 20-24
grama panchayath
7 Make a difference 25-32
8 Advocate’s office 33-44
9 Co-operative bank 45-52
10 Alappuzha south 53-58
police station
11 Conclusion 59
3
CERTIFICATE
This is to certify that Mr. YADU KRISHNAN S. (Register No:
47318550079), 10TH Semester Five Year Integrated B.A LL.B
Course of Government Law College, Thiruvananthapuram,
affiliated to University of Kerala has completed her Internship
under our guidance and supervision as in partial fulfillment of the
requirement for the award of Five Year Integrated B.A LL. B
Degree and that no part of this Internship Report has earlier been
submitted for any degree.
4
ACKNOWLEDGMENT
5
PREFACE
Internship is one of the modes of practical training in the sphere of
legal education. Apart from moots, legal aid and legal writing it
forms the core component of practical acquisition and assimilation
of law teaching syllabus for the students. The process of internship
provides the students with an opportunity to study and examine the
structure, function and behaviour of organizations. It shows to
them the nature of legal framework of the institutions and
concerned issues. Students get the benefit of an exposure to law in
action rather than law in books and thus help them in due
acquisition of legal expertise. Internship, if carried out diligently
and with adequate interest would bring multiple advantages. The
students will gain useful knowledge about the organization and
their functioning. The exposure may help in forming their
everlasting ties with influential persons. It would greatly assist
them in understanding teaching of substantive and procedural laws
in class rooms. In many cases, the contacts developed would help
the students directly or indirectly in their placements. I got
opportunity to visit and complete my internship. Every Law
student requires some exposure and experience. There are students
who are lazy to get up from their bed and work. But once they start
working in this firm, there is no going back to the bed, including
no food. Practical training through internships is an opportunity to
get experience as well.
6
INTERNSHIP TIMELINE
7
1.DISTRICT LEGAL
SERVICE AUTHORITY
(Alappuzha)
8
INTRODUCTION
10
allowances and shall also be subject to such other conditions of the
services as the State Government in consultation with the Chief
Justice of the High Court prescribes it. Section 7 deals with the
administrative expenses of every District Authority which also
includes salaries, allowances and pensions payable to the members. It
explains that the matter of administrative expenses of the Secretary,
officers and other employees of the District Authority shall be paid
out of the Consolidated Fund of the State.
Orders and Decisions
According to Section 9(8), all the decisions and orders of a District
Authority shall be attested by the Secretary or by any other officer of
the District Authority who is duly authorized by the Chairman of that
authority. Sub-section 9 of the mentioned section makes it clear that
the any act or proceeding of a District Authority shall not be invalid
merely on the ground of the existence of any vacancy or defect in the
Constitution of the District Authority.
District Legal Aid Fund
Section 17 of the Legal Services Authorities Act, 1987 deals with the
provisions of establishing fund in order to perform the activities of
DLSA. Sub-section 1 explains that a fund called the District Legal
Aid Fund shall be established by every District Authority and it must
be credited to-
(a)All the sums of money paid or any grants made by the State
Authority to the District Authority for the purposes of this Act.
(b)Any grants or donations that may be made to the District Authority
by any person with the approval of the State Authority.
(c)If any other amount is received by the District Authority under the
orders of any court of from any other source.
Sub-section 2 mentions about the various expenses which is to be
dealt with the help of a District Legal Aid Fund.
11
Activities
The DLSA is interested in the below-mentioned activities:
DLSA helps in providing free and competent legal aid in the nature of
counselling and legal advice as well as free legal services in the
conduct of cases before Courts and Tribunals.
It organizes regular Lok Adalats for the pending cases of all types
every as well as special Lok Adalats for special categories of cases
every month. The costs and delays are limited with the help of Lok
Adalats and they also ensure speedy justice overcoming legal
technicalities.
The responsibilities of pre-litigation dispute resolution through
conciliation mechanism is also undertaken by the DLSA. It is done by
establishing Permanent Lok Adalats in each district where the matters
relating to Public Utility Services are taken up for settlement.
DLSA is also engaged in spreading Legal Awareness among the
public, targeting particularly the beneficiaries of social legislation and
the public at large on various issues of legal importance.
For rendering free legal aid to under trial prisoners whose cases are
pending in the Courts, a special endeavour is made.
A Legal Literacy Classes in colleges, jails, and Legal Awareness
programmes for women and children in need of care and protection
are organized by DLSA.
Beneficiaries of Free Legal Aid and Services
There are various categories of people to whom free legal aid and
services are provided. They are as follows:
DLSA provides it to a member of Schedule caste or Schedule tribes.
A victim of human trafficking or beggar as mentioned under Article
23 of the Constitution also falls under this category.
It also includes women or children.
12
Some disabled people with respect to vision, locomotion, hearing, and
mental problems are also entitled to it.
It also includes a victim of a mass disaster, ethnic violence, caste
atrocity, flood, drought, earthquake, or other industrial disasters.
An industrial workman is also included under this.
It also includes a person in custody including juveniles.
Lastly, a person with an annual income of less than Rs. 9,000 or other
such higher amount as prescribed by the State Government when the
case is before any other court than Supreme Court and less than Rs.
12,000 or other such higher amount as prescribed by the Central
Government, if the case is before the Supreme Court are also included
under this category.
From where the free legal aid can be availed?
SC Legal Services Committee, 109, Lawyers chambers, SC of India,
New Delhi for cases of Supreme Court, State Legal Services
Authority, High Court Legal Services Committee which is situated at
High Court Complex in every HC for the cases of High Courts and
District Legal Services Authority situated in the District Courts
Complex in every District.
There are several mentioned areas where the legal aid and services are
available. They are as follows:
All the civil cases dealing with the property dispute, matrimonial
dispute and matters dealing with the custody of a child, labour and
service matters, compensation in motor accidents, consumers disputes
under Consumer Protection Act, etc.
Cases dealing with the criminal offences.
Cases dealing with the violation of fundamental rights guaranteed by
the Constitution of India are also included.
Cases of great public importance.
13
Where legal aid and services are not available?
All the cases dealing with the defamation.
It also include cases of contempt of court or perjury.
Cases and proceedings related to any election.
Cases dealing with the proceedings with regard to economic offence
also fall under this category.
It also include with all the cases dealing with the offence covered by
social legislation such as complaint against untouchability etc. The
legal aid may also be granted by the Chairman of the concerned
authority even in such proceedings in an appropriate case.
Functions of District Authority
The functions of DLSA are provided in Section 10 of the Legal
Services Authorities Act, 1987. Sub-section 1 mentions that every
District Authority is bound to perform such functions of the State
Authority in the District as may be stated by the State Authority. The
following sub-section explains that the District Authority may
perform all or any one of the following functions:
DLSA may coordinate with the activities of the Taluka Legal Services
Committee and other legal services in the District.
It may organize Lok Adalats within the Districts.
It also perform such other functions as the State Authority may fix by
regulations.
Section 11 provides for the functioning of DLSA in coordination with
Central Authorities. It states that in the discharge of its functions
under this Act, the District Authority shall act in coordination with
other governmental and non-governmental institutions, universities
and others engaged in the work of promoting the cause of legal
services to the poor and shall also be guided by such directions as the
Central Authority may give to it in writing.
14
Procedure for Legal Aid
The following procedure must be followed for the getting legal aid
and services. They are:
A written application mentioning in brief the grievance or the cause
for which legal aid is sought should be filed before the office of
Chairman of DLSA.
If an applicant is an illiterate, the Secretary or an officer of the
concerned Authority shall record his verbal submission and obtain his
thumb impression or signature on the prescribed form available in the
Office of the chairman of the DLSA.
Execution of an affidavit by the applicant in the prescribed format as
to his eligibility criteria for seeking legal aid.
The secretary of DLSA may examine the applicant to verify the facts
stated in the affidavit and for information necessary for deciding the
eligibility criteria.
The application shall be processed as early as possible.
When Legal Aid can be withdrawn?
There are 6 conditions under which the legal aid may be withdrawn.
They are as follows:
The legal aid may be withdrawn if the aided person is found to have
sufficient means.
Cases where the legal aid is obtained by fraud or misrepresentation.
If the aided person does not cooperate with the Committee or
Authority.
When the legal practitioner other than the one assigned by the DLSA
is engaged by the aided person.
If the aided person engaged dies during the proceedings except in
civil proceedings.
15
The legal aid may also be withdrawn in the case where the application
for legal aid is found to be an abuse of the process of law or of the
legal services.
Therefore, DLSA is constituted in every district to ensure the proper
implementation of legal scheme and also to solve the cases by the
constituting permanent as well as special Lok Adalats. It is a good
step towards helping the needy people who are unable to bear the
expenses and the defendant of a case who is unable to bear the
expenses of legal practitioners.
16
EXPERIENCE
First week:
The first seven days we attended several legal services provided and
visited the District Court of Alappuzha ,Family Court ,Motor accidents
claim tribunal, and POCSO court.
Most of the time during the morning session we attended lok Adalat.
The DLSA is an effective medium in solving the issues and cases at the
grassroot level. Most of them were matrimonial cases. Chairman of The
DLSA Honourable Sub Judge Sri Udaya Kumar Chand was there for
hearing of cases. He had better ideas and methods for solving the
disputes. This scheme is found to be really helpful to the less aware and
the financially week.
To solve disputes between parties on civil nature like money settlement
issues and family disputes ,this system was found to be useful were also
dealt in the mediation proceedings. consent of the parties to the suit
were needed for interns to attend in the mediation process. Most of
them didn’t wanted to lose their privacy therefore we could attend
mediation proceedings during our internship.
Second week:
Third Week
18
CONCLUSION
The DLSA was the first Institution I attended during the course of my
internship .It had a great impact in enhancing my legal aptitude and
awareness .The internship comprised of Adalat Sessions ,mediation
sessions ,court visit, jail visit, Child welfare committee and Old age
home visit where I was able to study and discuss the functions and
operations of such bodies. We learned about the activities of DLSA and
how the system works, for whom the services are rendered. Secretary
of DLSA Sri Udayakumar was a great mentor for us and he gave a
special class on the very first day regarding the activities , operations
and functions of the DLSA. In Short the beginning was indeed eye
opening as a law student and it gave a professional insight about my
legal career.
19
2.ARYAAD SOUTH GRAMA
PANCHAYATH
20
INTRODUCTION
Kerala, is a state in the southernmost part of India. Kerala, with
appreciative development indicators comparable to developed
countries, has been experimenting with decentralization and
participatory local democracy, ultimately aimed at realization of the
constitutional goal of establishing genuine "institutions of local self-
government" since the enactment of Kerala Panchayath Raj Act &The
Kerala Municipality Act in the year 1994. The acts laid the provision
of a three tier system of Panchayath for the first time in the village,
block and district level in the rural areas and one tier system of urban
local government such as Municipality in the less urbanized areas or
Municipal Corporation in the more urbanized areas. Local governments
were vested with the powers and responsibilities of economic
development and social justice in their respective areas. Panchayath
and the Municipalities altogether constitute the Local Government
System of Kerala state in the Indian federal system The internship
began with the introductory explanation by the Panchayath secretary
about the working of Panchayath office under Kerala Panchayath Raj
Act.
She explained the functions of Local Self Government. Some of the
points that I noted down includes;
a. Representative Functions:
The Sarpanch, Members and Gram Sevak represent the voice and
opinion of the village people on behalf of the Gram Panchayath to the
Taluk and Zilla level by attending the meetings or sending the official
records.
21
1. This institute solving the disputes of village people as individual or
groups
2. They control the behaviour of people of people. Collect their opinion
about various programs.
3. Gram Panchayath implements the official programme given by the
authorities.
4. Conduct regular meetings and keeps records for various
departments.
5. The measures are enforced for the desired safety and sanitation of
the village people.
22
The internship at the panchayath began with Panchayath secretary
Smt.Veena’s office. She gave a brief idea of the Panchayath raj system
and powers and functions of the Grama Panchayath and also the
services of the Grama Panchayath. As per the instruction of Ms Veena
I visited the offices of the President of the Grama Panchayath. She
briefed the powers and duties of office bearers and representatives
(Panchayath members) and also gave an idea of the representatives
from each ward. D&O License section was also visited during the
tenure of my internship. LD clerk Smt. Anusree was in charge. She
described the procedure of licensing of construction works. She
showed me the application forms and requirements for license. The
functioning of permit and Numbering section was explained to me in
the Numbering section. Lower division clerk Smt. Anitha was in
charge. She described the procedure and functioning of the section. I
was assigned to study the Death, Birth and Marriage certificate section
where LD Clerk Smt. Devi was in charge. She was cooperative and
showed me models of these certificates and procedure of applying,
filing and granting of death, birth and marriage Certificate.
I have visited the plan section where UD Clerk Mr Dasan was in charge.
He elaborated the functioning of the section implying that it is one of
the most important sections within the office.
The complaint section managed by LD Clerk Shri. Rajeendran was
involved in solving the numerous complaints raised in the panchayath
and briefed me on the different types of complaints that are usually
decided on and how they solve those complaints.
As per the instructions of secretary I visited one of the annexure
establishment of Panchayath Krishi Bhavan(Agriculture department),
Smt. Aneesa Beevi was the Agricultural officer.
I was also instructed to study the ICDS (Integrated Child Development
Scheme) programme which was informative and lively and also visited
the CDS(Community Development Society) office and met the CDS
Chairperson Smt. Usha kumari. She briefed me on the functioning of
the CDS and their duties and powers.
23
CONCLUSION
Interning in a Panchayath office was a quiet informative experience. I
had studied the working Local Self Government well during the course
of internship. The impact of the Kerala Panchayath Raj Act and it's
repercussions in our everyday life is vast .I had the opportunity to face
many real life situations where law interacts with people and had a first
hand experience of the functioning of a welfare government in the
grassroot level.
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3.MAKE A DIFFERENCE
(NGO for Children’s
Education)
25
INTRODUCTION
As a part of our internship program of B.A. LL. B 5-year Integrated
Course, we’ve been thrilled to take part in the internship at Non –
Governmental Organization of MAKE A DIFFERENCE (MAD),
Thiruvananthapuram beginning from the 2nd of April 2021 to 26thof
April 2021. Make A Difference (MAD) is a youth driven, non-profit
organization working to ensure equitable outcomes for children in
orphanages and street shelters. Registered as a non-profit in 2006,Make
A Difference works with 3,400children in 67 shelters across 23 cities
in India, through a highly efficient3,800 strong volunteer network.
Volunteers commit a year and spend between 2 and 10 hours every
week mentoring, teaching and interacting with children in order to
ensure that they get the development, support and care they need during
childhood. It is estimated that there are 35 million children in India who
are in need of care and protection. It is a large number. But, at Make A
Difference, we believe that the way to solve this problem is to build a
community around these children. A community of those who care and
want to contribute in whichever way then can to help build long-term
solutions to this problem. We believe, a reasonable quality of life can
be achieved if individuals are covered on two fronts: they are Free from
Exploitation and they have the Ability to Cope with Life Crises.
26
Development Founders Jithin John Varghese, Santosh Warrier, Kavin
KK, Gloria Benny, Jithin Nedumala, Sujith Varkey
INTERNATIONAL CONTEXT:
Children are considered to be dependent and vulnerable; thus requiring
nutrition, care, protection and development from the fundamental
group in society: family. In earlier days, a child was considered to be
the property of parents/ family and children were traditionally never
considered a separate group. Since the last century, there has been a
growing concern for childhood. Universally, this has led to a shift
witnessed from a needs-approach to a rights-based approach in matters
regarding the children. This report documents the existing international
mechanisms and the national landscape of legislation and policies
around children with a focus on children living in shelter homes. The
Declaration of Geneva promulgated in 1924 by Save the Children Fund
International Union was the most significant declaration towards the
protection of the best interests of the child. This was later revised and
extended in 1948 after the World War II and was adopted unanimously
by the General Assembly of the United Nations on November 20, 1959.
In 1978, the Government of Poland was the first to declare a convention
on the rights of the child. While the United Nations Convention on the
Rights of the Child was adopted and opened for signature, ratification
and accession by the General Assembly of the United Nations in 1989.
In 1990, it became a law whereby all the signatory States became bound
by the 54 articles under this law. India ratified the United Nations
Convention on the Rights of the Child on December 10, 1992. The
United Nations Convention on the Rights of the Child underlines the
principle of the best interest of the child with their basic human rights
– civil, economic, social, cultural and political which enable the
children to achieve their full potential. The main areas covered under
the rights are - survival, development, protection and participation.
In detail:
27
2. Development right includes access to information, education, play
and leisure, cultural activities and the right of freedom of thought,
conscience and religion.
3. Protection apart from embracing of the above also covers all forms
of exploitation and cruelty, arbitration, separation from family and
abuses in the criminal justice system.
4. Participation rights include the freedom to express opinion in matters
affecting ones’ own life and the right to play an active role in society
at large. There are other international mechanisms in place for the
protection and well-being of the children – The United Nations
Standard Minimum Rules for the Administration of Juvenile Justice,
1985 commonly referred as The Beijing Rules , United Nations Rules
for the Protection of Juveniles Deprived of their Liberty, 1990 and
Guidelines of Alternative Care, 2009; to name a few. A comprehensive
list is provided in the Annexure section of this report. The Constitution
of India The constitution confers upon each citizen the fundamental
rights and directive principles as abiding laws. With respect to
children, the following articles have a direct impact on the children of
the nation: Fundamental Rights under the Constitution of India: 2.1.1.
[Article 14] Equality before law 3.The State shall not deny to any
person equality before the law or the equal protection of the laws
within the territory of India. [Article 15 and Article 15 (3)] Prohibition
of discrimination on grounds of religion, race, caste, sex or place of
birth 15.
(1) The State shall not discriminate against any citizen on grounds only
of religion, race, caste, sex, and place of birth or any of them.
(2) No citizen shall, on grounds only of religion, race, caste, sex, place
of birth or any of them, be subject to any disability, liability, restriction
or condition with regard to –
(a) access to shops, public restaurants, hotels and places of public
entertainment;.
(b) the use of wells, tanks, bathing ghats, roads and places of public
resort maintained wholly or partly out of State funds or dedicated to the
use of the general public. .
28
(3) Nothing in this article shall prevent the State from making any
special provision for women and children.
(4) Nothing in this article or in clause (2) of article 29 shall prevent the
State from making any special provision for the advancement of any
socially and educationally backward classes of citizens or for the
Scheduled Castes and the Scheduled Tribes. Nothing in this article or
in sub-clause (g) of clause (1) of article 19 shall prevent the State from
making any special provision, by law, for the advancement of any
socially and educationally backward classes of citizens or for the
Scheduled Castes or the Scheduled Tribes in so far as such special
provisions relate to their admission to educational institutions including
private educational institutions, whether aided or unaided by the State,
other than the minority educational institutions referred to in clause (1)
of article 30. [Article 17] Abolition of Untouchability “Untouchability”
is abolished and its practice in any form is forbidden. The enforcement
of any disability arising out of “Untouchability” shall be an offence
punishable in accordance with law. . [Article 19(1)] Protection of
certain rights regarding freedom of speech, etc 19 (1) All citizens shall
have the right 19 (1) (a) to freedom of speech and expression; 19 (1)
(b) to assemble peacefully and without arms; . 19 (1) (c) to form
associations and unions; . 19 (1) (d) to move freely throughout the
territory of India;. 19 (1) (e) to reside and settle in any part of the
territory of India; and 19 (1) (g) to practice any profession, or to carry
on any occupation, trade or business The Juvenile Justice (Care and
Protection of Children) Act, 2000 The Juvenile Justice (Care and
Protection of Children) Act, 2000 is a comprehensive act which
primarily outlines the framework on work with children in conflict with
the law and children in need of care and protection . Commonly known
as the JJ Act, it has been amended thrice (2006, 2011, 2015). In a
nutshell, the JJ Act outlines the principles, systems, processes and
related statutory bodies to cater to the basic needs of children through
proper care, protection, development, treatment and social re-
integration. The legislative outline for both the non-institutional care
and institutional care has been clearly segregated under this act. The JJ
Rules 2007, based on the JJ Act chart out the standards of care for
institutions in detail. The main statutory bodies defined under the JJ
29
Act are Juvenile Justice Board (JJB) to deal with children in conflict
with law and Child Welfare Committee (CWC) to deal with children in
need of care and protection. JJ Act follows 14 principles and the most
important among them for work related to Make A Difference is the
principle that institutionalization of children is the last resort i.e. when
all means of providing care and protection to a child, direct, foster or
alternative have been exhausted, only then can institutionalization be
considered. A child is defined as any person below the age of 18 years
except in case of heinous crimes; the person in age group of 16-18 years
is also considered an adult. Make A Difference works with children
living in institutional care who are in need of care and protection. A
child in need of care and protection is defined as under in the JJ act.
who is found without any home or settled place of abode and without
any ostensible means of subsistence; who is found working in
contravention of labour laws for the time being in force or is found
begging, or living on the street; who resides with a person (whether a
guardian of the child or not) and such person—has injured, exploited,
abused or neglected the child or has violated any other law for the time
being in force meant for the protection of child has threatened to kill,
injure, exploit or abuse the child and there is a reasonable likelihood of
the threat being carried out; has killed, abused, neglected or exploited
some other child or children and there is a reasonable likelihood of the
child in question being killed, abused, exploited or neglected by that
person who is mentally ill or mentally or physically challenged or
suffering from terminal or incurable disease, having no one to support
or look after or having parents or guardians unfit to take care, if found
so by the Board or the Committee; . who has a parent or guardian and
such parent or guardian is found to be unfit or incapacitated, by the
Committee or the Board, to care for and protect the safety and well-
being of the child; who does not have parents and no one is willing to
take care of, or whose parents have abandoned or surrendered
him; who is missing or run away child, or whose parents cannot be
found after making reasonable inquiry in such manner as may be
prescribed; who has been or is being or is likely to be abused, tortured
or exploited for the purpose of sexual abuse or illegal acts; . who is
found vulnerable and is likely to be inducted into drug abuse or
trafficking; or who is being or is likely to be abused for unconscionable
30
gains; . who is victim of or affected by any armed conflict, civil unrest
or natural calamity; or . who is at imminent risk of marriage before
attaining the age of marriage and whose parents, family members,
guardian and any other persons are likely to be responsible for
solemnization of such marriage. The National Policy for Children,
2013 The National Policy for Children, 2013 recognizes a child as any
person below the age of 18 years acknowledging and uplifting the four
rights of children irrespective of religion, caste, class, creed and gender.
These rights are:
A. Survival, Health and Nutrition
B. Education and Development
C. Protection
D. Participation Declared by the Government of India in 1974.
The National Policy for Children ensures that programmes for children
are incorporated in the National Plans for development. In order to
realize the full potential of the children, strengthening family ties and
community environment are focused upon in this policy. The National
Plan of Action for Children The National Plan of Action for Children
was prepared by the Government of India. For Children in Need of care
and protection, it significantly calls for improved protection of these
children while identifying the various target groups of vulnerable
children. The Plan covered the areas of health, nutrition, water,
sanitation, children in need of care and protection, education, girl child,
adolescent girls, advocacy, resources monitoring and evaluation.
Specifically addressing the goals for a girl child of: survival and
protection, overall development and special protection of a girl child
given the deeply patriarchal Indian context, The National Plan of
Action for Girl Child was also devised by the Government of India.
31
EXPERIENCE
Spending time with the young ones was wonderful as it did not feel like
a tedious task but rather a joyous experience. I personally like mingling
with children and the opportunity to teach them , play with them, and
do such other activities was beneficial from not just an academic but
also a social point of view. The opportunity to be part of something big
like this , to stand for a just social cause will always be one of my most
cherished memories.
Most of the children I mingled with were really brilliant and talented
and not just from an academic perspective also but from an artistic as
well as athletic one too. Teaching them the concepts were easy but
making them recreate it in English felt challenging as most were not
well equipped with grammar or vocabulary over the same. Also I felt
that the method of teaching needs to undergo some kind of a change so
as to ensure that no child is left out. The children were very curious
about topics related to science and I was able to provide them with
answers to the extent my knowledge allowed. Besides I also taught
them about the basic values and morals one should have and the respect
one should give himself and to others to build a healthy society. We
also played cricket and football as a part of the bonding process.
32
4.ADVOCATE’S
OFFICE (Alappuzha)
33
INTRODUCTION
Advocacy is a political process by an individual or group which aims
to influence public policy and resource allocation decisions within
political, Economic, social systems and institutions. Advocacy can
include many Activities that a person or organization undertakes
including media campaigns, Public speaking, commissioning and
publishing search or conducting exit poll or the filing of an amicus
brief. There are several forms of advocacy, each representing a
different way to Initiate changes in the society. A Lawyer according to
Black’s law dictionary is A person learned in law as an attorney,
counsel, solicitor or a person who is practicing in law. Law is the
system of rules of conduct established by the Sovereign government of
a society to correct wrongs, maintain the stability of Political and social
authority and deliver justice. Working as a lawyer involves The
participation of abstract legal theories and knowledge to solve specific
Individualized problems or to advance the interest of those who retain
lawyers To perform legal services. The role of the lawyers varies
significantly across legal jurisdictions and So it can be treated here in
only the most general terms. In practice, legal Jurisdiction is vested
with the right to determine as to who is recognized as Being a lawyer.
As, a result, the meaning of the term lawyer may be very place to place.
ADVOCATE
34
that are Important to them ; defend and safeguard their rights ; have
their views and wishes genuinely considered when decisions are being
made about their lives. Advocacy is the act of pleading for or arguing
in favour of something or actively supporting a cause or proposal. It
can also refer to the work or profession of an advocate. For lawyers
advocacy means representing the interests of the client in the best
manner possible. Advocacy in all its forms seeks to ensure that people,
particularly those who are most vulnerable in society, are able to have
their voice heard on issues that are important to them. defend and
safeguard their rights. Have their views and wishes genuinely
considered when decisions are Being made about their lives.
35
against a judicial officer, the Advocate has a right and duty to submit
his grievance to proper authorities.
36
Father, Grand Father, Son, Grandson, Uncle, Brother, Nephew, First
Cousin, Husband, Wife, Mother, Daughter ,Sister.
RIGHT TO PRACTICE
● ADVOCATE NOTICE
When a client approaches an advocate for a case first it is necessary to
Consider whether the claim is barred by Limitation Act and it is
maintainable or not. For initiating a suit serving of notice is necessary.
37
It must contain cause of action, address of the parties, time, date and
place.
● REPLY NOTICE
On the receipt of the notice, the other party may approach his
Advocate will send a reply for the notice received to him is known as
reply notice.
● VAKALATH NAMA
A vakalathnama is the document empowering an Advocate to act for
and On behalf of his client.
● PLAINT
Section 26 of C.P.C. stipulates that every suit shall instituted by the
presentation of a plaint or in such other manner as may be prescribed.
In plaint, Plaintiff should allege facts about his cause of action. In
fact, plaint consists of some contents, and it is mandatory that such
contents should be present in Plaint. It is a first duty of court, before
which a suit is instituted to properly Examine the plaint, for the
purpose of determining, whether it should be returned, or rejected and
in order to determine, the question of rejection it is the responsibility
the court to take consideration other materials too, Order VII, Rule1of
CPC narrate cases where plaint should be rejected. According to
section 26 of the Code of the Civil Procedure every suit shall be
instituted by the presentation of a plaint. Once the plaint is ready, it is
to be filed in the court which has both territorial and pecuniary
jurisdiction. According to section 15 of the CPC a suit trial by a civil
court must be instituted in the court of the lowest grade competent to
try it. Once a plaint is taken to the court, the court officer, the date of
filing shall also be stamped on the plaint as soon as it is filed.
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The essentials or particulars of plaint are (Order VII):
(a) The name of the plaintiff,
(b) The name, description and place of residence of the plaintiff,
(c) Plaint should contain name, description and residence of
defendant.
(d) When plaintiff or defendant is minor or person of unsound mind,
plaint should contain a statement to that effect.
e) When plaintiff or defendant is minor or person of unsound mind,
plaint should contain a statement to that effect
(f) Plaint should contain those facts, which have constituted cause of
action. In addition to this, it should also be described in plaint when
cause of Action has arisen.
(g) Plaint should contain those facts, which show the court has
jurisdiction.
(h) Plaint should contain that relief, which plaintiff claims.
(i) When plaintiff has allowed set off or has relinquished a portion of
his claim, plaint should contain that amount, which has been so
allowed or so relinquished.
(j) Plaint should contain statement of value of subject matter of suit
not only for purpose of jurisdiction, but also for purpose of court-fees.
● WRITTEN STATEMENT
A written statement of facts confirmed by the oath of the party
making it. Affidavits must be notarized or administered by an officer
of the court with such appellant authority. The defendant shall, within
thirty days from date of service of summons on him, present a written
statement of his defence.
● CASE DOCKET
A docket contains a summary of the basic information about a
litigation, Bankruptcy, or other type of court case. This generally
includes the case (or “docket” or “index”) number, court, assigned
judge, relief demanded, nature of suit, type of claim alleged, criminal
information, case status, litigants, and Attorneys. Dockets also contain
a summary of most, if not all, of the documents on file with the court,
as well as a record of certain events in the life of a case. Dockets
provide an on-going record of the case, allowing attorneys to obtain
39
information, monitor filings and avoid missing deadlines. Obtaining
new Dockets can also alert attorneys to new lawsuits that have begun
against their clients or potential clients.
● Roll calls
Accompanying the learned advocate to the court introduced me to the
novelty of roll calls. It is the very first procedure undertaken in a court
at the beginning of each day. The cases that have been listed for the
day are called out and are represented before the court. The Following
are some of the cases that were included the roll call. It is the very
first procedure undertaken in a court at the beginning of each day .
The cases that have been listed for the day are called out and are
represented before the court.
The Following are some of the cases that were included the roll call
during the days of the court visit:
● SC 97/2010
● SC 1232/2010
● SC 1356/2011
● SC 51/2012
● SC 836/2009
● SC 103/2010
● SC 222/2016
● SC 570/2013
● SC 1459/2010
● SC 2135/2012
● SC 1275/2010
● SC 2250/ 2011
● SC 1925/ 2017
CRIMINAL CASES
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first information. We have already emphasized this fact that as far as
possible and practicable, every FIR should invariably be filed
promptly, expeditiously and without wasting any time. There may be
circumstances where some concession of time must be given in filing
the FIR But there must be cogent reasons for reasonable delay in filing
the FIR under the compelling circumstances. Judges with lot of wisdom
and experience can use their discretion judiciously and in the interest
justice in each and every case. However, no possible duration of time
can be fixed for applying the test of reasonableness to the lodging of an
FIR as we have already explained. It depends upon facts and
circumstances of each case. The delay in lodging the FIR as such is not
fatal in law if the prosecution substantiated the factual difficulties
encountered by the persons lodging the report. Following are the
reports or statements which do not amount to be an FIR:-
1.A report or a statement recorded after the commencement of the
Investigation (sections 162 and 163 of the Code of Criminal Procedure,
1973).
2.Reports not recorded immediately but after questioning of witnesses.
3.Reports recorded after several days of developments.
4.Information not about occurrence of cognizable offence but only
cryptic
5.Message in the form of an appeal for immediate help.
6.Complaint to the magistrate.
7.Information to beat house.
8.Information to the Magistrate or police officer on phone.
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3.That the Petitioner is a law abiding citizen of India. The petitioner is
gainfully carrying on the business of at . (Give details).
4.That the Petitioner is a responsible person and is living at the above
mentioned address.(Give all other relevant facts, which have led to
the arrest or which show the petitioner’s innocence or disassociation
with the alleged offence supposed to have been committed)
5.That the Petitioner is innocent and no useful purpose would be
served by keeping him under custody and this is a fit case for grant of
bail. (It would be pertinent to mention as to the stage of investigation
or in case the charge sheet has been filed, whether charges have been
imposed, evidence has started, the length of the list of witnesses cited
by the prosecution etc. as these would all be mitigating
circumstances)
6.That the Petitioner undertakes to abide by the conditions that this
Honourable Court may impose at the time of granting bail to the
Petitioner and further undertakes to attend the trial on every date of
hearing.
7.That the Petitioner has not filed any other similar petition before this
or any other Honourable Court for grant of bail in case of the present
FIR. (Or give details and results of earlier applications)
●PRAYER
In view of the above stated facts and circumstances it is most
respectfully prayed that this Honourable Court may be pleased to
a. Grant bail to the Petitioner in connection with FIR No. registered
Under section , for the offence of (give sections) at Police Station
(give place).
b. Pass any other such order as this Honourable Court may deem fit
and proper in the interest of justice.
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as summons cases. Greater opportunities for defence are offered to the
accused in a warrant case than in a summons case .Unlike in a
summons case a charge has to be framed in a warrant case and the
accused has also a right to reserve cross-examination of the
prosecution witnesses till a last stage. These are substantial and
valuable rights which an accused has if the procedure prescribed in
Chapter XXI is followed and he cannot be deprived of them .The
difference between the two forms of trial is not therefore merely one
of form importing more irregularity curable u/S. 537of the Criminal
Procedure Code On the other hand, it is so vital that there is an almost
indefeasible presumption of prejudice to the accused if a warrant case
is tried as a summons case
●COMPLAINT
A criminal complaint is a court document filed that accuses or charges
a suspect with committing a crime. Criminal complaints are usually
filed by the prosecutor in cooperation with the police. Sometimes the
victim of a crime will individually file a criminal complaint against a
suspect. In many instances, Criminal trials start with the filing of the
complaint. An arrest does not begin a formal criminal proceeding.
The filing of a Criminal complaint is required for the criminal process
to begin. Unlike civil Complaints, criminal complaints always are
filed by the government or the prosecutor of the state who is bringing
the charges.
● SUMMARY TRIAL
A summary trial implies speedy disposal. A summary case is one
which can be tried and disposed of at once. Needless to say, the
summary procedure is not intended for a contentious and complicated
case which merits a full and lengthy inquiry.
● CALENDER CASE
A list of cases that are awaiting trial or other settlement, often called
often called a Trial list or docket.
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EXPERIENCE
The days we spend at the advocate’s chamber as a part of our internship
program we learned several information about the profession and how
they are handling. On the first day of the internship, we were asked to
report to office at 9am. After waiting for some time, a junior briefed us
about the ‘dos’ and ‘don’ts’ of the internship. We were told that during
the course of the internship, we would be required to report to the court,
in which the matter for the day would be scheduled, after which, we
would have to report to the office and read up on the matters scheduled
to take place on future dates. However, very few of the duties
communicated to us, actually materialized during the internship as sir
does not appreciate interns having access to the briefs, reading of
which, by the way, was our last resort in order to find something
constructive to do at the internship. We started to use become familiar
with the infrastructure and environment. We also got familiar with bare
acts. The advocate helped us a lot by giving us the information about
various laws. He gave us basics of courts on the different levels of court
etc. he made us how to handle the sections and how to remember it all
, what we found unique about the office is each law books as well as
case files were classified into different categories and up to date.
CONCLUSION
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5.COOPERATIVE BANK
(Pathanapuram)
45
INTRODUCTION
India cannot have a healthy economy without a sound and effective
banking system. The banking should be hassle free and able to meet
the new challenges posed by technology and other factors, both
internal and external in the past three decades, India’s banking system
has earned several outstanding achievements to its credit. The most
striking is its extensive reach. It is no longer Confined to metropolises
or cities in India. In fact, Indian banking system has reached even to
the far corners of the country. The Governments regulation policy for
banks has paid rich dividends with then nationalization of 14 major
private banks in 1969. Banking today has become convenient and
instant, with the account holder not having to wait for hours at the
bank counter for getting a draft or for withdraw money from his
account.
Banks in India
In India, banks are segregated into different groups. Each group has
its own benefits and limitation in operations with its own dedicated
target market. A few of them work in the rural sector only while
others in both rural as well as urban areas. The banks in India can be
classified into:
Public Sector Banks
Private Sector Banks
Co-operative Bank
Regional Rural Banks
Foreign Banks
One of the most important aspects to be noted is the increasing
number of foreign banks in India. The RBI has shown interest to
involve more foreign banks. This step has paved the way for a few
foreign banks to start business in India. Indian banking system and
Co-operative banks. Co-operative banks in this country are a part of
vast and powerful structure of co-operative institutions which are
engaged in tasks of production, processing, marketing, distribution,
servicing and banking in India.
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The beginning co-operative banking in this country dates back to about
1904, when official efforts were made to create a new type of institution
based on principles of co-operative organization & management, which
were considered to be suitable for solving the problems peculiar to
Indian conditions. In rural areas, as far as the agricultural and related
activities are concerned, the supply of credit was inadequate, and
money lenders would exploit the poor people in rural areas providing
them loans at higher rates. Cooperative Banks in India are registered
under the Co-operative Societies Act. The Cooperative bank is also
regulated by the RBI. They are governed by the Banking Regulations
Act 1949 and Banking Laws (Co-operative Societies) Act, 1965.
Definition : A co-operative bank is a financial entity which belongs to
its members, who are at the same time the owners and the customers of
their bank. Co-operative banks are often created by persons belonging
to the same local or professional community or sharing a common
interest. Cooperative banks generally provide their members with a
wide range of banking and Financial services.
● Establishments:
47
However, co-operative banks now provide housing loans also. UCBs
provide working capital loans and term loan as well.
● Functions:
48
• Generally to exchange thrift self-help and co-operative to among
member. Acceptance of different types of deposits such as fixed
current, saving recurring deposits from the members granting to them
particularly jewel loan at the reasonable rate of interest are the main
business of their Pathanapuram co-operative bank Ltd. The types of
deposits include fixed, saving, current and recurring. The grants of
loans of reasonable rates of interest have saved several persons
belonging to the middle class and poor class people from the clutches
of various money lenders. The members avail of the loan for purpose
of buying agricultural implements for business for productive purpose
, house maintenance etc.
MEMBERSHIP
FUNCTIONS
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• To act as the agent for the joint purchase of domestic and other
requirements of the members.
• To undertake collection of bills, accepted or endorsed by members.
To arrange for the safe custody of valuable documents of members.
• To provide other facilities as provided by commercial banks.
VARIOUS DEPOSITS, LOAN AND ADVANCES
There is not much difference between the functions of a commercial
bank and a co-operative bank. But in the case of commercial banks,
they function with a profit motive, while a co- operative bank services
the society in order to improve the condition of the own trodden, so
we find in the structure of the co-operative banks, banks serving rural
and city population with different types of branches. The business of
an urban co-operative bank in primary to provide non-from sector
loans to the cottage and small scale industries.
The following are the main function of the co-operative banks:
• Borrow funds from members and others to be utilized for loans to
member for useful purposes.
• To act as an effect for the joint purchase of domestic and other
requirements of the members.
• To undertake collection of bills drawn, accepted or endorsed by
members and constituents and discount change and bills of approved
members.
• To encourage thrift self-help and co-operation among the members to
arrange for the safe custody of valuable and documents of the members
and constituents.
• To carryout instruction for periodical collections remittance, etc of
the member and top depositors.
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EXPERIENCE
State cooperative banks are an important part of the Indian banking
system, providing financial services to rural and low income
populations across the country. They are often the primary source of
credit for agricultural and allied activities, small-scale industries, and
other small businesses. Banks are being a inevitable part of our day to
day life. Especially cooperative bank perform great role in stabilizing
the economy of the country. The internship was started with an
introductory session by the President of the bank, Shri. Vikraman
Pillai. Later I was sent to the recovery section of the bank. There the
arbitrator Somashekaran Sir and Salam Sir explained me the process
of arbitration and the recovery process in case of default in loan
repayment. It is open to the bank to enforce the security interest
without intervention of court or tribunal and appeal to Debts
Recovery Tribunal is provided. It allows banks to take possession of
securities given for financial assistance and sell or take over
management in the event of default.
The SARFAESI Act, which is now rarely being used after the
Insolvency and Bankruptcy Code has come into existence since 2016,
allows banks to seize, take control, manage and sell assets of
defaulting borrowers without the intervention of any court/tribunal
and also ensures speedy recovery. Data from the co-operative
department shows the co-operative banks initiated steps to take
possession of the collateral of as many as 2,961 people in the state
under the SARFAESI Act. Recovery is a major role played by the
bank, and in the case of nonperforming assets, there are certain
guidelines issued by RBI that should be complied with. I have given a
detailed session including meeting the clients who had defaulted the
repayment of loan. And was very useful as a law student. An
experience with a successful arbitrator become possible with the
internship and was really informative
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CONCLUSION
Co-operative banks are the real life saver of common people providing
loans and advances in a reasonable rate of interest. They are not
performing with profit motive. Unlike commercial banks Recovery
process and pressure upon creditors are minimum. Depositors enjoy
special privileges in bank owned medical stores and Horti-corps.
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6.ALAPUZHA SOUTH POLICE
STATION
53
INTRODUCTION
The Kerala State Police are the law enforcement agency for the state of
Kerala. Kerala Police has its headquarters in the Thiruvananthapuram.
Kerala Police has the reputation of being one of the best managed
police force in the country. Since 2006, Kerala Police department has
embarked on a major modernization program to tackle the challenges
of the 21st century. Kerala Police are also the first police state
department in South Asia to undertake community policing. It is the
paramount agency that works 24x7 in all sectors of the civil society,
serving people without fail and protecting them from harm. The aim of
the current study is to:-
METHODS:
54
An act to consolidate and amend the law relating to the establishment
regulation power and duties of the police force in the state of Kerala
and for matters connected there with an incident thereto. FIR (First
Information Report) A First Information Report (FIR) is a written
document prepared by police when they receive information about the
commission of a cognizable offence. It is generally a complaint lodged
with the police by the victim of a cognizable offense or by someone on
his or her behalf, but anyone can make such a report either orally or in
writing to the police. Investigating work of the police starts after an FIR
is recorded.
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2. Sending of report to the magistrate. By virtue of section 157(1) of
the code, if a reasonable suspicion of the commission of cognizable
offence exists the officer-in-charge of police station must immediately
send a report (FIR) of the circumstances creating suspicion to a
magistrate having cognizance of such offence on a police report.
56
that officer for anything, for document which is required for the
investigation of the offence.
14. Final report in referred cases (Refer Report). At the end of the
investigation, the Station House Officer may come to the following
conclusions:
57
I. There is no prospect of obtaining any clue and that nothing more can
be done in the case.
II. The information is false.
III. There is no intentional act, but only accident.
IV. There is only mistake of fact.
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EXPERIENCE
The Alappuzha South Police station extends from Punnamada lake
point in the east to Alappuzha beach in the west And AVJ junction in
the north to Mullackal-Beach road in the south. The Alappuzha District
Collectorate , district jail , sub-jail are adjacent to the police station.
The Alappuzha Railway station , SD College ,etc lies within its
jurisdiction
Before doing internship at the police station, like any other ordinary
citizen the “khakhi” made me nervous. Having completed the same I
was able to see the real hard work and effort put up by the department
in maintaining law and order in the society. During my term there I got
acquainted with some basic knowledge on various provisions of The
code of criminal procedure , about the facts and faculties of various
cases, day-to-day mechanism of dealing with trivial cases, and rounds
mechanism of the police station. I was also able to get an understanding
on the Scene Mahazar preparation as well as on inquest preparation. I
also visited the sub jail of Alappuzha during the course of my
internship.
The station writer Shri.Rajesh Sir was my mentor during the whole
process and he aided me throughout the term of the internship in getting
to know the police station, its daily working, duties of a police officer
and the importance of the police in maintaining a decent society.
Apart from this all the officers were friendly and
helpful in giving me the necessary information for the purpose of my
legal studies.
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CONCLUSION
During the five years of my course, I have completed 121 days’
internship programmes at
several institutions that prescribed by the Kerala University and Bar
Council of India for the
Integrated B.A. LL. B course including the Alappuzha District Legal
Services Authority , Aaryad South Grama Panchayath, Make A
Difference (NGO), Advocate’s Office ,Pathanapuram Co-operative
Bank And Alappuzha South Police Station.
During my time at these offices, I was involved in lot of tasks such
as legal works, research, case briefings at advocate’s chamber and other
works. While doing this
internship program at different organizations I came to know more
about the importance of this
internship, which helped me to prepare some legal research about the
latest developments in this
field of law for the presentation. I was also able to attend some court
hearings during these
internships program at Family courts, district court, additional sessions
etc. which gave me a nice
insight in the Kerala courts procedures and the possibility to compare
it to the other courts. One
of the big differences which came to my attention is that the working
of each and every
department is different. From my experience the theories are different
comparing to practical so
internship experiences were a great help to me to know about this
organization. I prepared a brief
report of each organization which I have done internship. Finally,
internship at these places was
an outstanding experience. I got a deep and inspiring insight in the work
of all the offices but beyond that all officers and staff members were
friendly and helpful to give information, thus making it possible for me
to complete my internship programme and report.
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