Poverty in India: Causes and Concepts!

Poverty is a social phenomenon in which a section of the society is unable to fulfill even
its bare necessities of life.
The Planning Commission of India has defined a poverty line on the basis of
recommended nutritional requirements of 2,400 calories per person per day for rural
areas and 2,100 calories for urban areas.
The average calorie requirement is estimated by taking into account the population
composition by age, sex and occupation categories together with the corresponding
calorie norms by the Indian Council of Medical Research.
In rupees, the poverty line is the mid-point of the expenditure class in which the calorie
needs are satisfied. On this basis, the cutoff point turns out to be Rs. 181.50 and Rs.
209.60 for rural and urban areas respectively at 1991-92 prices. For a household of five
members the poverty line has been fixed at an annual income of Rs. 10,890 in rural
areas and Rs. 12,570 in urban areas.
Causes of Poverty:
The causes of poverty in Indian economy are
1. High growth rate of population
2. Landless labour
3. Low productivity
4. Low food production
5. Illiteracy
6. Political system and corruption
7. Lack of job opportunity
8. Inequalities of income
9. Migration
10. Regional Disparities
11. Excessive population pressure on Agriculture.
12. Lack of capital
13. Lack of Vocational Education and Training.
Concepts of Poverty:
There are two concepts of poverty in economics. They are absolute poverty and relative
poverty.
(1) Absolute Poverty:

If a persons income or consumption expenditure is so low that he cannot live at

minimum subsistence level, he is said to be absolutely poor. It basically indicates
deprivation of some sort resulting in hunger and starvation.
People are said to be in absolute poverty if their earnings are insufficient to obtain the
minimum necessities for the maintenance of physical efficiency. Such minimum
necessities are usually measured in terms of minimum nutritional requirements.
(2) Relative Poverty:
Relative poverty concept indicates inequalities of income. The people of low income
groups are relatively poor as compared to the people whose incomes are high. Here
poverty is viewed in terms of inequality between the poorest group and the rest of the
community. It is to be noted that relative poverty cannot be eradicated without transfers
from the rich to the poor. At the same time the relatively poor may be living above the
minimum subsistence level.
Poverty in India:
In India, the identification process of persons below the poverty line has been put to a
controversy for the last few years. Planning Commission adopted the survey of National
Sample Survey Organisation (NSSO) as a basis for defining poverty line and determining
the number of persons below it.
On the basis of these criteria, Planning Commission estimated 18.96% of total
population below the poverty line for the year 1993-94. Later, the expert group under
the chairmanship of Prof. D.T. Lakadawala found earlier estimates of poverty unreliable
and suggested an alternative approach for identifying poor in which different poverty-line
was determined for different states on the basis of price level of that particular state.
The export group suggested that it will be most suitable to rely on the disaggregated
commodity indices for Consumer Price Index for Agricultural Laboures (CPIAL) to update
the rural poverty line and a simple average of suitably weighted commodity indices of
consumer price index for industrial workers (CPIIW) for updating urban poverty line.
What are the Different Concept and Measurement of Poverty?
For an understanding of the problem of poverty and its solution, one should first be clear
about the concept of poverty itself. This will also help us in measuring the magnitude of
poverty in the country. There are two types of poverty absolute poverty and relative
poverty. Absolute poverty refers to inability of a section of population to achieve basic
necessities of life. Relative poverty, on the other hand, refers to inequality in distribution
of income and expenditure.
Absolute Poverty:
In India the concept of poverty has been approached in the absolute sense. In other
words, it is not related to the income or consumption expenditure distribution. The
concept of absolute poverty is relevant for the less-developed countries where absolute
poverty abounds. To measure it, absolute norms for living are first laid down. These
relate to some minimum standard of living.

These may be expressed measured in terms of income/consumption- expenditure. Given

this, one classifies all those as poor who fall below this standard. The number (and
proportion) of such poor in the countrys population gives the measure of poverty.
For purpose of the measurement of poverty, consumption-expenditure is considered
more appropriate and relevant than income. The reason is that the actual consumptionexpenditure which determines the living standard of a consumer unit is not always met
wholly out of current income. Such expenditure can also be met from assets, debts and
dissaving.
Poverty Line:
In India consumption-expenditure has been made the basis for the measurement of the
minimum standard. The usual method is to fix a poverty level. This level is expressed in
terms of an overall per capita consumption-expenditure.
This consumption-expenditure as such, is needed to ensure a certain minimum calorie
intake, which in turn is derived from the information on food articles.
In figures, the poverty norm is anchored in terms of daily intake of2400 calories in rural
areas and 2100 calories in urban areas. Those who are unable to incur this much amount
of consumption- expenditure are identified as poor. They are identified as people living
below the poverty line.
On the recommendations of Lakdawala Committee different poverty lines were
determined for different states.
Magnitude of Poverty in India:
The Uniform Recall Period (URP) consumption distribution data of NSS 61st round places
the poverty ratio at 28.3 per cent in rural areas, 25.7 per cent in urban areas and 27.5
per cent in the country as a whole.
The corresponding poverty ratios from the Mixed Recall Period (MRP) consumption
distribution data are 21.8 percent for rural areas, 21.7 per cent for urban areas and 21.8
per cent for the country as a whole.
The incidence of poverty is not same in all states. On the one hand we have states where
poverty ratio is very high, like Orissa (46.4), Bihar (41.4), Madhya Pradesh (38.3),
Assam (19.71), and Uttar Pradesh (32.8).
On the other hand we have states where poverty ratio is very low, Punjab (8.4),
Himachal Pradesh (10) and Haryana (14). There has been a significant reduction in
poverty ratio during 1993-94 to 2004- 05 in Himachal Pradesh, Haryana, Karnataka,
Kerala, Tamil Nadu and Union Territories. Reduction in poverty has been unsatisfactory in
Orissa, Madhya Pradesh, Uttar Pradesh and North East states.
One significant fact about poverty is that while the poverty ratio has been declining in
India, the absolute number of poor had remained more or less the same. Poverty ratio
was 36 per cent in 1993- 94 which means 32.0 crore people were below poverty line.
Though poverty ratio declined by 8.5 per cent between 1993-94 and 2004-05 but the
absolute number of poor was estimated at 30.2 crores persons.

The poor mostly belong to the weaker sections of the society like SC/ST, women,
handicapped, etc. In rural areas they are the landless labourers, small and marginal
farmers and rural artisans.
The urban poor, quite many of them are immigrants from villages, live in slums and on
pavements. The poor are weak not only economically but also socially and politically.
Anti-Poverty Programmes Suggested by the Government of India
The six anti-poverty programmes as suggested by the Govt. of India are as follows: 1.
Integrated Rural Development Programme 2. Jawahar Rozgar Yojana/Jawahar Gram
Samriddhi Yojana 3. Employment Assurance Scheme 4. Food for Work Programme 5.
Sampoorna Gramin Rozgar Yojana 6. Rural Housing Indira Awaas Yojana.
1. Integrated Rural Development Programme:
The Integrated Rural Development Programme (IRDP), which was introduced in 1978-79
and universalized from 2nd October, 1980, aimed at providing assistance to the rural
poor in the form of subsidy and bank credit for productive employment opportunities
through successive plan periods.
In order to take care of the specific needs of the rural population, sub-programmes of
IRDP such as Training for Rural Youth for Self-Employment (TRYSEM), Development of
Women and Children in Rural Areas (DWCRA), Supply of Improved Toolkits to Rural
Artisans (SITRA), and Ganga Kalyan Yojana (GKY) were introduced. These schemes
were, however, implemented as stand-alone programmes, an approach, which
substantially detracted from their effectiveness.
On 1st April, 1999, the IRDP and allied programmes were merged into a single
programme known as Swarnajayanti Gram Swarozgar Yojana (SGSY). The SGSY
emphasizes on organizing the rural poor into self-help groups, capacity-building,
planning of activity clusters, infrastructure support, technology, credit and marketing
linkages.
2. Jawahar Rozgar Yojana/Jawahar Gram Samriddhi Yojana:
Under the Wage Employment Programmes, the National Rural Employment Programme
(NREP) and Rural Landless Employment Guarantee Programme (RLEGP) were started in
sixth and seventh plans. The NREP and RLEGP were merged in April 1989, under
Jawahar Rozgar Yojana (JRY). The JRY was meant to generate meaningful employment
opportunities for the unemployed and underemployed in rural areas through the creation
of economic infrastructure and community and social assets.
Employment generation progressively declined over the years, partly, due to lower
central allocations in Ninth Plan and partly due to the increasing cost of creating
employment. The JRY was revamped from 1st April, 1999, as Jawahar Gram Samriddhi
Yojana (JGSY). It now became a programme for the creation of rural economic
infrastructure with employment generation as the secondary objective.
3. Employment Assurance Scheme:
The Employment Assurance Scheme (EAS) was launched on 2nd October, 1993, covering
1,778 drought-prone, desert, tribal and hill area blocks. It was later extended to all the

blocks in 1997-98. The EAS was designed to provide employment in the form of manual
work in the lean of agricultural season. The works taken up under the programme were
expected to lead to the creation of durable economic and social infrastructure and
address the needs of people.
4. Food for Work Programme:
The Food for Work Programme was started in 2000-01 as a component of EAS. It was
first launched in eighth drought-affected states of Chhattisgarh, Gujarat, Himachal
Pradesh, Madhya Pradesh, Orissa, Rajasthan, Maharashtra and Uttaranchal. It aims at
enhancing food security through wage employment. Food grains are supplied to states
free of cost, however, the supply of food grains from the Food Corporation of India (FCI)
godowns has been slow.
5. Sampoorna Gramin Rozgar Yojana:
The JGSY, EAS and Food for Work Programme were revamped and merged under the
new Sampoorna Gramin Rozgar Yojana (SGRY) Scheme from 1st September, 2001. The
main objective of the scheme continues to be the generation of wage employment,
creation of durable economic infrastructure in rural areas and provision of food and
nutrition security for the poor.
6. Rural Housing Indira Awaas Yojana:
The Indira Awaas Yojana (LAY) programme aims at providing free housing to Below
Poverty Line (BPL) famiUes in rural areas and main targets would be the households of
SC/STs. It was first merged with the Jawahar Rozgar Yojana (JRY) in 1989 and in 1996,
it broke away from JRY into a separate housing scheme for the rural poor. The Ninth Plan
Housing Programme under lAY was framed in the light of National Housing and Habitat
Policy 1998, which aimed at providing shelter for all in rural areas by the end of the Plan
period. Inspite of high allocations by the central and state governments, the housing
programme under LAY has not achieved the stated objectives.
The Housing and Urban Development Corporation (HUDCO) has extended its activities to
the rural areas, by providing loans at concessional rate of interests for low-income
groups and economically weaker sections for the construction of houses. HUDCOs
housing programme was given major importance in the Ninth Plan.
This housing programme did not cover all the states in India. Its implementation was
limited to only some states such as Andhra Pradesh, Tamil Nadu, Karnataka, Kerala,
Orissa and West Bengal. However, there was lukewarm response to the scheme, as the
state governments prefer grant-based programmes than a loan-based one.
However, many of such programmes in the earlier Five-Year Plans have failed due to lack
of planning, coordination, commitment on the part of the government and officials in
implementing them. Planning is to be done keeping in mind that poverty is not a cause
but is a result. Unless the officials concerned implement all these programmes with
sincerity and honest efforts, they cannot reach the poor and achieve a big success.
The amount of wealth, sources of income, social position and mode of living can measure
poverty in accordance with the standards of living. The mode of living depends on the

fundamental factors of food, clothing, shelter and the individual s capacity to get them.
The standard of living varies from country to country.
Not only the economic factors, which determine the standard of living, but also the social
and psychological factors play an influential role in the standard of living. In India, the
major components to measure the standard of living are food and nutrition, clothing,
housing, education, health and per capita income.
Poverty is treated as a social problem because it leads to social disorganization, disruption of harmony, money, and stability in the society. The problem of poverty cannot
be solved overnight or by the efforts of a single individual. Strategical planning and
effective implementation constituting for a certain period of time, which may be even
decades, can remove the firmly rooted causes and condition of poverty in any society.
The above efforts may be fruitful only when there is proper coordination and cooperation
between the government and voluntary agencies and the public at large.
Bonded Labour: Concept, Causes and Other Details
Bonded Labour: Concept, Causes and Other Details!
A man keeping another man in perpetual bondage for his selfish and personal designs is
a kind of mans cruelty to man which is not confined to a particular country or a
particular region but is found as a global phenomenon for thousands of years, right from
the Biblical days to the present era. The nomenclature changed from period to period
and place to place: slave, serf, and bonded labour.
In India, this type of exploitation of man remained prevalent in the name of beggar and
riot for years. The term bonded labour or bandhua mazdoor is of recent origin. Despite
the abolition of the zamindari system, land reforms, Bhoodan movement, enactment of
legislation (Bonded Labour Abolition Act, 1976), establishment of Panchayati Raj, interest
shown by Social Action Groups and spirited individuals from society, lakhs of bonded
labourers continue to be exploited and carry the yoke of neglect, suffering and
frustration in abject silence.
In fact, the system of bonded labour, as prevalent in Indian society, is a relic of feudal
hierarchical society. A considerable interest has come to be shown in bonded labour
during the past two decades by social workers, social scientists and the government
because it is considered incompatible with our social ideal of egalitarianism with our
commitment to human rights. The magnitude of bonded labour is just baffling as lakhs of
adult males and females as well as children are condemned to suffering under its yoke.
The Concept:
We have to understand the terms bonded labour system and bonded labour. The
bonded labour system refers to the relationship between a creditor and a debtor who
obtains loan owing to economic compulsions confronting his day-to-day life, and agrees
to abide by the terms dictated by the creditor.
The important term of agreement is that the debtor agrees to mortgage his services or
services of any or all the members of his family for a specified or unspecified period. The
relationship built on the agreement is on such unequal terms that while for every labour
or service, there must be some fair remuneration equivalent to the price of labour in the

market, under the bonded labour system the service is rendered for the debt or in lieu of
the interest accruing to the debt. The debtor either works without receiving any
remuneration or if at all there is any remuneration, it is much less than the minimum
wage (notified under the Minimum Wages Act) or the prevailing rate of market wage.
The 1976 Bonded Labour (Abolition) Act defines bonded labour system as the system
of forced labour under which a debtor enters into an agreement with the creditor that he
would render service to him either by himself or through any member of his family or
any person dependent on him, for a specified or unspecified period, either without wages
or for nominal wages, in consideration of loan or any other economic consideration
obtained by him or any of his ascendants, or in pursuance of any social obligation, or in
pursuance of any obligation devolving on him by succession.
The agreement has other consequences too, such as, forfeiting the debtor the freedom
of employment, denial of freedom of movement in any part of the country, and denial of
the right to sell at market value any of his property or product of his labour.
The term bonded labour has been defined by the National Commission on Labour as
labour which remains in bondage for a specific period for the debt incurred. The
Commissioner for Scheduled Castes and Scheduled Tribes explained the term bonded
labour in its 24th report as persons who are forced to work for the creditors for the loan
incurred either without wage or on nominal wage.
The bonded labour is different from contract labour employed in industries, mines,
plantations and docks, etc. Contract labour includes workers who are not directly
recruited by the establishment, whose names do not appear on the pay-roll and who are
not paid wages directly by the employer. In theory, contract labourers in India are
covered by the Factory Act, 1948, the Mines Act, 1952, the Plantations Labour Act, 1951
and the Dock Workers Act, 1948 so as to give them benefits as are admissible to labour
directly employed.
However, the advantages of employing both bonded labour and contract labour are the
same:
(i) Labour is engaged at a lower cost,
(ii) The employers have not to extend fringe benefits to the workers, and
(iii) The employers are not under any obligation of providing welfare and security
measures to the workers as stipulated in various Acts. The system of contract labour in
our country was abolished in September 1970 by an Act called Contract Labour
(Regulation and Abolition) Act.
The two basic features of bonded labour are indebtedness and forced labour. Forced
labour can hereditarily descend from father to son or be passed on for generations
together. During the period of bondage, the debtor cannot seek employment with any
other person.
In economic terms, this means that he cannot sell his labour in the market at market
value. The bonded labour system is mostly found among agricultural labourers in
villages, though today it has extended to workers working in stone quarries, brick kilns,

bidi factories, glass factories and in detergent carpet, gem stones and many other
factories.
Bonded labourers are known by different names in different parts of India. For example,
in Andhra Pradesh and Karnataka they are known as Jeethams, in Gujarat and Madhya
Pradesh as Halts, in Bastar district in Madhya Pradesh as Kabadis, in Hyderabad as
Bhagela, in Rajasthan as Saggris, in Bihar as Kamias or Kamiantis, in Orissa as
Gothees, in Tamil Nadu as Pandiyals, in Kerala as Adiyas, Paniyas, and Kattunaikens,
and in Uttar Pradesh as Koltas.
Causes of Bonded Labour:
Though the main causes of origin, growth and perpetuation of bonded labour system are
economic, the social and religious factors to support the custom. The economic causes
include: extreme poverty of people, inability to find work for livelihood, inadequate size
of the landholdings to support family, lack of alternative small-scale loans for the rural
and urban poor, natural calamities like drought, floods etc., destruction of men animals,
absence of rains, drying away of wells, meagre income from forest produce, and inflation
and constant rising prices.
The social factors include:
High expenses on occasions like marriage, death, feast, birth of a child, etc., leading to
heavy debts, caste-based discrimination, lack of concrete social welfare schemes to
safeguard against hunger and illness, non- compulsory and unequal educational system,
and indifference and corruption among government officials.
Sometimes, exploitation by some persons in a village also compels people to migrate to
some other place and seek not only employment on the employers conditions but also
get protection from influential persons. Religious arguments are used to convince the
people of low castes that religion enjoins upon them to serve people of high castes.
Illiteracy, ignorance, immaturity and lack of skill and professional training sustain such
beliefs. Broadly speaking, it may be maintained that bondage originates mainly from
economic and social pressures.
The Legislation:
The pernicious and inhuman, callous, reprehensible practice of bonded labour existed in
many states in India. After independence, it could not be allowed to continue to blight
national life any longer. As such, when the Constitution of India was framed, Article 23
was enshrined in it which prohibited traffic in human beings, beggar and other similar
forms of forced labour.
However, no serious effort was made to give effect to this Article and stamp out the
shocking practice of bonded labour. The Forced Labour (Abolition) Convention adopted by
the International Labour Organisation (ILO) in 1919 was ratified by India only in
November 1954.
Some states in India had also enacted laws for abolishing bonded labour For example,
the Bihar Kamianti Act was passed in 1920, the Madras Agency Debt Bondage Regulation
in 1940, Kabadi System Regulation in Bastar in Madhya Pradesh in 1943, Hyderabad
Bhagela Agreement Regulation in 1943, Orissa Debt Bonded Abolition Regulation in

1948, Rajasthan Sagri System Abolition Act in 1961 (which was amended in 1975), and
Bonded Labour System (Abolition) Act, Kerala in 1975.
It was specifically laid down in most of these regulations (like those of Madras, Orissa,
Bihar, and Hyderabad) that the agreement between the creditor and the debtor entered
into after the commencement of the regulation was to be wholly void if:
(a) The full terms of the agreement were not expressed in writing and a copy thereof
was not filed with the designated authority,
(b) The expressed and implied period of labour exceeded one year,
(c) The interest provided for was not simple interest over one year, and
(d) The interest exceeded 6.25 per cent per annum. But it was after the announcement
of the 20-point programme on July 1, 1975 that the legislative exercise at the national
level began with some amount of seriousness and urgency.
The ordinance was enacted in October 1975 which was later replaced by the Act passed
in February 1976, called the Bonded Labour System (Abolition) Act. All the state laws
became inoperative after the enactment of the Act by the union government in 1976.
The Act implies:
(i) Identification of bonded labourers;
(ii) Release of bonded labourers;
(iii) Action against offenders, i.e., creditors who had forced agreement upon the debtors;
(iv) Holding of regular meetings of vigilance committees at the district and tehsil level;
(v) Maintenance of the prescribed registers; and
(vi) Conferring of judicial powers to executive magistrates.
The Act also provides for the rehabilitation of bonded labourers who are freed from their
creditors. The 1976 Act was amended in 1985 in which it was clarified that the contract
workers and inter-state migrant workers, if they fulfill the conditions laid down in the
Bonded Labour System (Abolition) Act, will be considered as bonded labour.
The main problem that is faced in the implementation of the 1976 Act is the
identification of bonded labourers. Neither the administrators at the district and tehsil
levels admit the existence of bonded labourers in their areas nor do the creditors accept
that any bonded workers are serving them, nor are the workers themselves willing to
give statements that they are being forced to work as bonded labourers since long. It is
the social workers attached to non-political social action groups and voluntary
organisations who identify the bonded labourers.
The other handicap which aggravates the problem is the economic rehabilitation of the
released labourers. The economic rehabilitation includes: finding jobs for them, getting
them minimum wages, giving them training in arts and crafts, allotment of agricultural
land, helping them in developing the allotted land, helping them in the processing of
forest produce, educating them and their children, arranging for their medical care, etc.

All these are Herculean tasks. Besides ensuring economic rehabilitation, the state governments are also expected to arrange for their psychological rehabilitation and
integration of various schemes of central and state governments. In chalking out plans
and strategies of rehabilitation, the freed labourers are to be given the choice between
various alternatives (Sharma, 1990:54).
Misery and Suffering in Bondage:
One former Chief Justice of the Supreme Court (Justice P.N. Bhagwati) described bonded
labourers as non-beings, exiles of civilisation living a life -worse than that of animals,
for the animals are at least free to roam about as they like and they can plunder or garb
food whenever they are hungry, but these outcastes of society are held in bondage and
robbed of their freedom even.
They are consigned to an existence where they have to live either in hovels or under the
open sky and be satisfied with what- ever unwholesome food they can manage to get,
inadequate though it may be to fill their hungry stomachs. Not having any choice, they
are driven by poverty and hunger into a life of bondage, a dark bottomless pit from
which, in a cruel exploitative society, they cannot hope to be rescued.
It is estimated that there are about 32 lakh bonded labourers in India. Of these, 98 per
cent are said to be bonded due to indebtedness and 2 per cent due to customary social
obligations. The highest number is believed to exist in three states of Andhra Pradesh,
Karnataka and Tamil Nadu, followed by Orissa, Uttar Pradesh, Bihar and Madhya
Pradesh.
According to the figures released in May 1997 on the basis of a state governmentsponsored survey (conducted as per the Supreme Court direction), Tamil Nadu has the
maximum number of 24,000 bonded labourers, in the country, engaged in 30 different
occupations (The Hindustan Times, May 13, 1997).
It has been pointed out that the majority of bonded labourers works as agricultural
labour in villages and belong to the Dutcaste or tribal communities. Of the total labour
force in the rural areas, about 33 per cent are engaged in non-agricultural activities, 42
per cent work as cultivators, and 25 per cent as agricultural labourers. Of those who
work as agricultural labourers, 48 per cent belong to Scheduled Castes and 33 per cent
to Scheduled Tribes.
Being unskilled and un-organised, agricultural labourers have little for their livelihood
other than personal labour. Bonded agricultural labourers occupy the lowest rung of the
rural ladder. Social and economic stratification in a village is linked with land and caste
which in turn govern economic and social status of he people. Bonded labourers thus
live in pitiable and miserable conditions.
They are socially exploited because though in theory they are assured food, clothes, free
tobacco, etc., in practice they get the food that is left over, and clothes that are
discarded by family members. They are made to work for 12 to 14 hours a day and are
forced to live with cows and buffaloes in shed. If they fall ill, they may be procured some
medicines from the local Hakim depending upon the sweet will of the employer.
The total number of bonded labourers identified and freed in India by March 1989 was
2.42 lakhs, of whom 2.18 lakhs (i.e., 90%) were said to be rehabilitated also. Thus,

hardly 8 per cent of total bonded workers in India have been identified so far, indicating
lack of interest of state governments in solving the problem of bonded labour. At least
four reports submitted to the Government of India between 1979 and 1983 pointed out
how the disgusting and squeamish practice of bonded labour existed in India and
continued to disfigure the social and economic life of the country.
These reports were:
(a) Report of the Centre for Rural Development to the Ministry of Labour, Government of
India, on Rehabilitation of Bonded Labour in Monghyr District, Bihar,
(b) Report of the Public Policy and Planning Division of the Indian Institute of Public
Administration to the Ministry of Labour, Government of India, on Evaluation Study of
Bonded Labour Rehabilitation Scheme in Tehri Garhwal, Uttar Pradesh,
(c) Report of Laxmi Dhar Misra, Director General (Labour Welfare) of Government of
India based on the Spot Studies Regarding Identification, Release and Rehabilitation of
Freed Bonded Labourers in Uttar Pradesh, Madhya Pradesh, Andhra Pradesh, Karnataka,
Orissa, Bihar, Rajasthan, Tamil Nadu and Kerala, and
(d) Report of the National Seminar on Identification and Rehabilitation of Bonded
Labour held from February 7-9, 1983.
Of the 2.42 lakh bonded labourers identified and released up to March 1989, 26 per cent
were got released in Karnataka, 20 per cent in Orissa, 16 per cent in Tamil Nadu, 14 per
cent in Andhra Pradesh, 11 per cent in Uttar Pradesh, 5 per cent in Bihar, 4 per cent in
Madhya Pradesh, 3 per cent in Rajasthan, 0.5 per cent in Maharashtra, 0.3 per cent in
Kerala and 0.2 per cent in Haryana.
Scheduled Castes and Tribes (Prevention of Atrocities) Act
The cure is part of the cause in this case; as members of the Scheduled Castes and
Scheduled Tribes (SC/STs), also known as Dalits, avail themselves of the advantages of
reservation, and awareness of rights increases, the status quo of inter-caste relations in
villages faces severe challenges. Increased violence, and increased reporting of incidents
of
violence,
is
a
natural
product.
However, this increase in violence seems improbable in the light of the astonishing
amount of international political and civil society attention that the Dalit cause has been
receiving. Dalit NGOs and political groups led a high-profile campaign at the World
Conference against Racism in 2001. Although the campaigns strategy may have been an
example of misguided politicking, both the UN Committee on the Elimination of Racial
Discrimination (CERD) and the Special Reporter on Race have since made caste one of
their central concerns. Governments have also taken up the issue bilaterally with India.
So why has the impact of these dramatic developments not been felt within the country?
Although Dalit groups have had great success in gaining publicity for their cause, they
have consistently failed to hold the Indian governments to the standards of existing
national and international legislation. The Prevention of Atrocities Act is a case-in-point.
In 1989, the Government of India passed the Prevention of Atrocities Act (POA), which

delineates specific crimes against Scheduled Castes and Scheduled Tribes as atrocities,
and describes strategies and prescribes punishments to counter these acts. The Act
attempts to curb and punish violence against Dalits through three broad means. Firstly,
it identifies what acts constitute atrocities. Secondly, the Act calls upon all the states to
convert an existing sessions court in each district into a Special Court to try cases
registered under the POA. Thirdly, the Act creates provisions for states to declare areas
with high levels of caste violence to be atrocity-prone and to appoint qualified officers
to
monitor
and
maintain
law
and
order.
Unlike its predecessor, the 1955 Civil Rights Act, which only concerned itself with
superficial humiliations such as verbal abuse of the lower castes, the POA is a tacit
acknowledgement by the government that caste relations are defined by violence, both
incidental and systemic. The POA gives Dalits vital ammunition in the form of legal
redress
for
this
violence.
Although the POA is a powerful and precise weapon on paper, in practice the Act has
suffered from a near-complete failure in implementation. Ironically, the primary
obstacles to implementation are intended to be the primary enforcers of the Actthe
lowest rungs of the police and bureaucracy that form the primary node of interaction
between state and society in the rural areas. Policemen have displayed a consistent
unwillingness to register offences under the act. This reluctance stems partially from
ignorance. According to a 1999 study, nearly a quarter of those government officials
charged
with
enforcing
the
Act
is
unaware
of
its
existence.

The Purpose Of The Act

In 1989, the Government of India enacted the Scheduled Castes and Tribes (Prevention
of Atrocities) Act in order to prevent atrocities against SC/STs. The purpose of the Act
was to prevent attrocities and help in social inclusion of Dalits into the society, but the
Act
has
failed
to
live
up
to
its
expectations.
The Act came into force with effect from 30.1.1990. This legislation aims at preventing
commission of offences by persons other than Scheduled Castes and Scheduled Tribes
against Scheduled Castes and Scheduled Tribes. The Act provides for punishment for
offences of atrocities committed against Scheduled Castes and Scheduled Tribes.
Comprehensive Rules under the Act were notified in the year 1995, which inter-alia
provides norms for relief and rehabilitation. The Act extends to whole of India except
Jammu & Kashmir. The Act is implemented by the respective State Governments and
Union Territory Administrations, which are provided due central assistance under the
Centrally Sponsored Scheme for effective implementation of the provisions of the Act.

Offenders, Victims And Offences Under The Act

Any person who is not a member of a scheduled caste or a scheduled tribe and commits
an offence listed in the Act against a member of a scheduled caste or a scheduled tribe is
an
offender.
The victim is a member of a scheduled caste or a scheduled tribe against whom any of

the
following
offences
is
committed
by
the
offender:
1.
Forced
to
eat
or
drink
an
offensive
or
uneatable
substance;
2. Caused annoyance, injury or insult by any excreta or waste matter being dumped in
his
premises
or
neighborhood;
3.
Paraded
naked
or
with
painted
face
or
body;
4.
Wrongfully
deprived
of
cultivation
of
his
land;
5. Wrongfully deprived of his rights over any land, premises or water;
6.
Forced
to
do
beggary
or
work
as
a
bonded
labourer;
7. Prevented from exercising his right to vote or according to his wishes;
8.
Subjected
to
false
legal
proceedings;
9. Caused injury or annoyance by a public servant on the basis of false information given
to
him;
10.
Deliberately
insulted
and
humiliated
in
public
view;
11.
A
woman
who
is
sexually
assaulted;
12.
Deprived
of
his
right
to
clean
drinking
water;
13.
Deprived
of
his
right
of
passage
to
a
public
place;
14.
Forced
to
leave
his
house
or
village;
15. Falsely implicated in a criminal case which might result in his imprisonment or
execution;
16. Intended harm or injury by burning a place of his dwelling or worship;
17. Wrongfully caused injury or subjected to any other offence by a public servant
Besides this section 2 of the Act provides that whoever, not being a member of a
Scheduled
Caste
or
a
Scheduled
tribe:
(i) gives or fabricates false evidence intending thereby to cause, or knowing it to be
likely that he will thereby cause, any member of a Scheduled Caste or a Scheduled Tribe
to be convicted of an offence which is capital by the law for the time being in force shall
be punished with imprisonment for life and with fine; and if an innocent member of a
Scheduled Caste or a Scheduled Tribe be convicted and executed in consequence of such
false or fabricated evidence, the person who gives or fabricates such false evidence, shall
be
punished
with
death;
(ii) gives or fabricates false evidence intending thereby to cause, or knowing it to be
likely that he will thereby cause, any member of a Scheduled Caste or a Scheduled Tribe
to be convicted of an offence which is not capital but punishable with imprisonment for a
term of seven years or upwards, shall be punishable with imprisonment for a term which
shall not be less than six months but which may extend to seven years or upwards and
with
fine;
(iii) commits mischief by fire or any explosive substance intending to cause or knowing it
to be likely that he will thereby cause damage to any property belonging to a member of
a Scheduled Caste or a Scheduled Tribe, shall be punishable with imprisonment for a
term which shall not be less than six months but which may extend to seven years and
with
fine;
(iv) commits mischief by fire or any explosive substance intending to cause or knowing it
to be likely that he will thereby cause destruction of any building which is ordinarily used
as a place of worship or as a place for human dwelling or as a place for custody of the
property by a member of a Scheduled Caste or a Scheduled Tribe, shall be punishable
with
imprisonment
for
life
and
with
fine;

(v) commits any offence under the Indian Penal Code punishable with imprisonment for
a term of ten years or more against a person or property on the ground that such person
is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such
member, shall be punishable with imprisonment for life and with fine;
(vi) knowingly or having reason to believe that an offence has been committed under
this Chapter, causes any evidence of the commission of that offence to disappear with
the intention of screening the offender from legal punishment, or with that intention
gives any information respecting the offence which he knows or believes to be false,
shall be punishable with the punishment provided for that offence; or
(vii) being a public servant, commits any offence under this section, shall be punishable
with imprisonment for a term which shall not be less than one year but which may
extend
to
the
punishment
provided
for
that
offence.

Nature And Punishments For An Offence Under This Act

All offences listed in the Act are cognizable. The police can arrest the offender without
warrant and start investigation into the case without taking any orders from the court.
The Act prescribes both minimum as well as maximum punishment. The minimum in
most cases is six months imprisonment while the maximum is five years sentence and
with fine. In some cases the minimum is enhanced to one year while the maximum goes
up
to
life
imprisonment
or
even
death
sentence.
Section 4 of the act deals with punishment for neglect of duties by a public servant.
According to this section If a public servant, who is not a member of the Scheduled
Caste or Scheduled Tribe, deliberately neglects his duties, which he should perform
under the Act, he is liable for punishment with imprisonment up to six months.
Section 5 provides enhanced punishment for subsequent conviction. Whoever, having
already been convicted of an offence under this Chapter is convicted for the second
offence or any offence subsequent to the second offence, shall be punishable with
imprisonment for a term which shall not be less than one year but which may extend to
the
punishment
provided
for
that
offence.

Constitution of Special Courts

Chapter 4 of the act clearly states about the constitution of special courts for hearing
cases on atrocities against scheduled caste and scheduled tribes. For the purpose of
providing for speedy trial, the State Government shall with the concurrence of the Chief
Justice of the High Court, by notification in the official gazette, establish in each district a
Court of Session to be a Special Court exclusively to try the offences under this Act.
Provided that in respect of districts where there are no atrocities against Scheduled
Castes and Scheduled Tribes at all the Government may, with the concurrence of the
National Commission for Scheduled Castes and Scheduled Tribes, either exempt such
district or districts from this provision or combine such district(s) with any other

neighbouring district(s) for the purpose of establishing exclusive special courts. The
special courts set up under this provision shall not be the same as any of the existing
courts of session. The exclusive Special Courts shall try offences under this Act on dayto-day basis. Prof. Jaffet (Department of Sociology, National Law School of India
University, Nagarabhavi, Bangalore) opines that exclusive special courts are functioning
better than the normal sessions court turned special courts in terms of conviction rates.
The act further provides that for every Special Court, the State Government shall, by
notification in the Official Gazette, specify a Public Prosecutor or appoint an advocate
who has been in practice as an advocate for not less than seven years, as a Special
Public Prosecutor for the purpose of conducting cases in that Court.
P.S Krishnan, Former member secretary, National commission for backward classes
recommends that for every Special Court, the State Government shall, by notification in
the official gazette, appoint a Police Officer as Investigating Officer exclusively for the
purpose of investigation in respect of cases of offences under this Act.

Investigation And Rehabilitation

Section 23 of the Act, authorizes the Central Government to frame rules for carrying out
the purpose of the Act. If was drawing power from this section that the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 were framed. According
to Rule 7(1) , investigation of offence committed under the SC/ST Act cannot be
investigated by an officer not below the rank of Deputy Superintendent of Police (DSP).
In regards to this various High Courts have vitiated the trail based on the above rule
and,
therefore
set
aside
the
order
of
conviction.
The Andhra Pradesh High Court, in D. Ramlinga Reddy v. State of AP, took the position
that provisions of Rule 7 are mandatory and held that investigation under the SC/St Act
has to be carried out by only an officer not below the rank of DSP. An investigation
carried out and charge sheet filed by an incompetent officer is liable to be quashed.
Similarly, Madras High Court in M. Kathiresam v. State of Tamil Nadu held that
investigation conducted by an officer other than a DSP is improper and bad in law.
Proceedings based on such an investigation are required to be quashed. The Courts
without taking into consideration the inadequacies of the State, have been punishing
SC/STs for the same. Shri Pravin Rashtrapal, Member of Parliament rightly pointed out
that we do not have sufficient officers at that level. His statement is supported by the
Annul Report of 2005-2006 of Ministry of Home Affairs . According to which out of the
total posts sanction by the government under Indian Police Service (IPS) more than 15
percent of the posts are vacant. This basically means that there is one IPS officer of
77,000 SC/STs. Hence, there should be an amendment to this rule.
According to the preamble of the SC/ST Act, it is an Act to prevent the commission of
offences of atrocities against SC/STs, to provide for Special Courts for the trial of such
offences and for the relief and rehabilitation of the victims of such offences.
The Madhya Pradesh High Court also had the same view and observed in the case of Dr.

Ram Krishna Balothia v. Union of India that the entire scheme of the SC/ST Act is to
provide protection to the members of the scheduled castes and scheduled tribes and to
provide for Special Court and speedy trial of the offences. The Act contains affirmative
measures to weed out the root cause of atrocities, which has denied SC/STs basic civil
rights. The Act has addressed the problem the regarding the dispensation of justice, but
what
the
failed
to
deal
with
is
the
problem
of
rehabilitation.
There is mention of rehabilitation under Section 21(2)(iii), but there are no provision
addressing the same. As it has been stated earlier that victims of atrocities are on a
different level when compared to victims of other crimes, hence there should be special
provision for the same. According to the report submitted by the National Commission
for Review and Working of the Constitution victims of atrocities and their families should
be provided with full financial and any other support in order to make them economically
self-reliant without their having to seek wage employment from their very oppressors or
classes of oppressors. Also it would be the duty of the State to immediately take over
the educational needs of the children of such victims and provide for the cost of their
food and maintenance. SC/STs constitute 68 percent of the total rural population.
According to the 1991 Agricultural census a large number of SC/STs are marginal
farmers compared to the other sections of the society and because of this the number of
cultivators are going down. In other words the landlessness is increasing at a faster rate
among SC/STs. At the same time the number of SC/ST workers as agricultural labourer
is increasing at a faster rate when compared to other sections of the society. This
basically implies that after losing their land holdings SC/ST cultivators are becoming
agriculture labourers. Loss of land, on the one hand, is caused by atrocities making the
more vulnerable. This in turn fuels and promotes continuance of atrocities and
untouchability. Marginalisation is one of the worst forms of oppression. It expelles a
whole category of people from useful participation in the society and therefore
potentially subjected to material depravation and this could even lead to extermination.
Moreover, this leads to the state of powerlessness which perhaps is best described
negatively; the powerless lack authority, status and a sense of self.
Moreover,
every
right
has
three
types
of
duties:

Duties
to
avoid
deprivation.

Duties
to
protect
from
deprivation

Duties
to
aid
the
deprived.
Though the SC/ST Act does cover the first two duties but totally ignores the third one;
duty to aid the deprived. Hence, it is necessary to make the SC/STs self dependant

How Sucessful Is The Act And What Are The Problems With The Act?
Dr. Jogan Shankar described the Act as an Act with many teeth but which seldom bites.
Although the Prevention of Atrocities Act (POA) is a powerful and precise weapon on
paper, in practice the Act has suffered from a near-complete failure in implementation.
Ironically, the primary obstacles to implementation are intended to be the primary
enforcers of the Actthe lowest rungs of the police and bureaucracy that form the
primary node of interaction between state and society in the rural areas. Policemen have
displayed a consistent unwillingness to register offenses under the act. This reluctance

stems partially from ignorance. According to a 1999 study, nearly a quarter of those
government officials charged with enforcing the Act are unaware of its existence.
In most cases, unwillingness to file a First Information Report (FIR) under the Act comes
from caste-bias. Upper caste policemen are reluctant to file cases against fellow castemembers because of the severity of the penalties imposed by the Act; most offenses are
non-bailable and carry minimum punishments of five years imprisonment. Hard work by
human rights defenders has slowly begun to decrease this problem. Nevertheless, the
staggering scope of the problem demands government intervention before cases can be
properly
registered
under
the
Act.
A bigger obstacle faces victims who actually manage to lodge a complaint. Failure to
follow through with cases is alarmingly apparent at the lowest echelons of the judicial
system. The statistics speak for themselves: out of 147,000 POA cases pending in the
courts in 1998, only 31, 011 were brought to trial. Such delay is endemic to the Indian
judicial system. Although the POA mandated the creation of Special Courts precisely to
circumvent this problem, only two states have created separate Special Courts in
accordance with the law. In other states, existing sessions courts have been designated
Special Courts, while still being asked to process their usual caseloads. Since many
different Acts require the creation of Special Courts, such sessions courts are often
overloaded with a number of different kinds of priority cases, virtually guaranteeing
that none of these cases receive the attention they are mandated to receive.
Even if cases make it to trial, the POA also suffers from abysmal rates of conviction. Out
of the 31,011 cases tried under the POA in 1998, only a paltry 1,677 instances or 5.4%
resulted in a conviction and 29,334 ended in acquittal. Compare this to the conviction
rate in cases tried under the Indian Penal Code: in 1999, 39.4% of cases ended in a
conviction and in 2000, 41.8% . Judicial delay is just one cause of this low conviction
rate; the lapse between the case being registered and the trial means that witnesses
who are often poor and face intimidation in the interim, turn hostile and the case
becomes too weak for a conviction. The long wait also results in many plaintiffs losing
interest. Judicial bias against Dalits is rampant and unchecked, and court decisions
frequently
bear
the
mark
of
such
bias.
Besides these the other main deficiencies in the Act is Section 14(2), which merely
requires the State governments to specify for each district a Sessions Court to be a
special court to try atrocities, contradicting the very purpose "of providing for a speedy
trial". Merely merely calling an existing court a special court cannot speed up a trial. The
law ought to have provided for a special court in each district exclusively to try cases of
atrocities, on a day-to-day basis, with corresponding provisions for an exclusive special
public prosecutor and a special Investigating Officer. This lacuna lays the foundation for a
situation of crime without punishment. Among the other major deficiencies in the Act are
omission of social and economic boycott as a crime, non-provision of death penalty as in
the Indian Penal Code, non-availability of protection for the victims by way of the
externment of possible perpetrators, and the failure to cover converts to Christianity
(
Dalit
Christians)
*** The authors are 8th semester students of National University of Advanced Legal
Studies, Cochin, Kerala. We have conducted a one month field work and research about
this topic and have met various experts in this area. The research had special emphasis
to the state of Karnataka. We collected the crime statistics and other related information.

THE

PROTECTION

OF

CIVIL

RIGHTS

ACT,

1955

Act, No.22 OF 1955) (As on the 1 September, 1977)

st

An Act to prescribe punishment for the preaching and practice of untouchability for the
enforcement of any disability arising there from and for matters connected therewith. Be
it enacted by Parliament in the Sixth Year of the Republic of India as follows:
1 Short Title, extent and commencement
(1)This Act may be called the Protection of Civil Rights Act,1955.
(2)It extends to the whole of India.
(3)It shall come into force on such date as the Central Government may, by notifications
in the Official Gazette appoint.
2. Definitions
In this Act, unless the context otherwise requires:(a)

civil rights means any right accruing to a person by reason of the abolition of

untouchability by article 17 of the Constitution;

(aa)

hotel includes a refreshment room, a boarding house, a lodging house, a coffee

house and a caf;

(b)

place includes a house, building and other structure and premises; and also

includes a tent, vehicle and vessel;)

(c ) Place of public entertainment includes any place to which the public are admitted
and in which an entertainment is provided or held.
Explanation- Entertainment includes any exhibition, performance, game, sport and
other form of amusement;
(d)

place of public worship means a place, by whatever name known, which is used

as a place of public religious worship or which is dedicated generally to, or is used

generally by, persons professing any religion or belonging to any religious denomination
or any section thereof, for the performance of any religious service, or for offering
prayers therein; and includes(i) all lands and subsidiary shrines appurtenant attached or to any such place;
(ii)

a privately owned place of worship which is, in fact, allowed by the owner thereof to

be used as a place of public worship, and

(iii) such land or subsidiary shrine appurtenant to such privately owned place of worship
as is allowed by the owner thereof to be used as a place of public religious worship;)
(da)

prescribed means prescribed by rules made under this Act;

(db)

scheduled castes has the meaning assigned to it in clause (24) of article 366 of

the Constitution;)

(e)

shop means any premises where goods are sold either wholesale or by retail or

both wholesale and by retail and includes(i)

any place from where goods are sold by a hawker or vendor or from a mobile van

or cart,
(ii)

a laundry and a hair cutting saloon;

(iii)

any other place where services are rendered to customers.

3. Punishments for enforcing religious disabilities

Whoever on the ground of untouchability prevents any person(a) from entering any place of public worship which is open to other persons professing
the same religion or any section thereof, as such person; or
(b) from worshipping or offering prayers or performing any religious service in any place
of public worship, or bathing or using the waters of, any sacred tank, well, spring or
water-course (river or lake or bathing at any ghat of such tank, water-course, river
or lake) in the same manner and to the same extent as is permissible to other
persons professing the same religion or any section thereof, as such person;
shall be punishable imprisonment for a term of not less than one month and not
more than six months and also with fine which shall be not less than one hundred
rupees and not more than five hundred rupees.
Explanation- For the purpose of this section and section 4 persons professing the
buddhist, Sikh or Jain religion or persons professing the Hindu religion in any of its forms
or development including Virashaivas, Lingayats, Adivasis, followers of

Brahmo,

Prarthana, Arya Samaj and the Swaminarayan Sampraday shall be deemed to be

Hindus.
4. Punishment for enforcing social disabilities
Whoever o the ground of untouchability enforces against any person any disability with
regard to(i)

access to any shop, public restaurant, hotel or place of public entertainment; or

(ii)

the use of any utensils, and other articles kept in any public restaurant, hotel,
dharmshala, sarai or musafirkhana for the use of the general public or of any
section thereof; or

(iii)

the practice of any profession or the carrying on of any occupation, trade or

business or employment in any job; or

(iv)

The use of, or access to any river, stream, spring, well, tank, cistern, water-tap or
other watering place or any bathing ghat, burial or cremation ground, any sanitary
convenience, any road, or passage, or any other place of public resort which other
members of the public, or any section thereof, have a right to use or have access
to; or

(v)

the use of, or access to, any place used for a charitable or a public purpose

maintained wholly or partly out of State funds or dedicated to the use of the general
public or any section thereof ; or
(vi) the enjoyment of any benefit under a charitable trust created for the benefit of the
general public or of any section thereof; or
(vii) the use of, or access to, any public conveyance; or
(viii) the construction, acquisition or occupation of any residential premises in any
locality, whatsoever; or
(ix)

the use of any dharmshala, sarai or musafirkhana which is open to the general

public, or to any section thereof; or

(x) the observance of any social or religious custom, usage or ceremony or taking part
in, or taking out, any religious, social or cultural procession; or
(xi)

the use of jewelry and finery;

shall be punishable with imprisonment for a term of not less than one month and not
more than six months and also with fine which shall be not less than one hundred rupees
and not more than five hundred rupees
Explanation- For the purposes of this section, enforcement of any disability includes
any discrimination on the ground of untouchability
5.

Punishment for refusing to admit person to hospitals etc.

Whoever on the ground of untouchability(a) refuses admission to any person to any hospital dispensary, educational institution
or any hostel, if such hospital, dispensary, educational institution or hostel is established
or maintained for the benefit of the general public or any section thereof; or
(b) does any act which discriminates against any such person after admission to any of
the aforesaid institution;
shall be punishable with imprisonment for a term of not less than one month and not
more than six months and also with fine which shall be not less than one hundred rupees
and not more than five hundred rupees
6. Punishment for refusing to sell goods or render services
Whoever on the ground of untouchability refuses to sell any goods or refuses to render
any service to any person at the same time and place and on the same terms and
conditions at or on which such goods are sold or services are rendered to other persons
in the ordinary course of business shall be punishable with imprisonment for a term of
not less than one month and not more than six months and also with fine which shall be
not less than one hundred rupees and not more than five hundred rupees.
7. Punishment for other offences arising out of "untouchability"

(1)
(a)

Whoeverprevents any person from exercising any right accruing to him by reason of the

abolition of untouchability under article 17 of the Constitution; or

(b)

molests, injures, annoys, obstructs or causes or attempts to cause obstruction to

any person in the exercise of any such right or molests, injures, annoys or boycotts any
person by reason of his having exercised any such right; or
(c)

by words, either spoken or written, or by signs or by visible representations or

otherwise, incites or encourages any person or class of persons or the public generally to
practice untouchability in any form whatsoever; or
(d)

insults or attempts to insult, on the ground of untouchability a member of a

Scheduled Caste,
shall be punishable with imprisonment for a term of not less than one month and not
more than six months, and also with fine which shall be not less than one hundred
rupees and not more than five hundred rupees
Explanation-I

A person shall be deemed to boycott another person who-

(a)refuses to let to such other person or refuses to permit such other person, to use or
occupy any house or land or refuses to deal with, work for hire for, or do business with,
such other person or to render to him or receive from him any customary service, or
refuses to do any of the said things on the terms on which such things would be
commonly done in the ordinary course of business; or
(b)

abstains from such social, professional or business relations as he would ordinarily

maintain with such other person.

Explanation-II.-

For the purpose of clause (c) a person shall be deemed to incite or

encourage the practice of untouchability(i) if he, directly or indirectly, preaches untouchability or its practice in any form; or
(ii) if he justifies, whether on historical, philosophical or religious grounds or on the
ground of any tradition of the caste system or on any other ground, the practice of
untouchability in any form.
(1A)

Whoever commits any offence against the person or property of any

individual as a reprisal or revenge for his having exercised any right accruing to him
by reason of the abolition of untouchability under article 17 of the constitution,
shall, where the offence is punishable with imprisonment for a term exceeding two
years, be punishable with imprisonment for a term which shall not be less than two
years and also with fine.
(2) Whoever(i) denies to any person belonging to his community or any section thereof any right
or privilege to which such person would be entitled as a member of such community
or section, or

(ii)

takes any part in the ex-communication of such person, on the ground that

such person has refused to practice untouchability or that such person has done
any act in furtherance of the objects of this Act.
shall be punishable with imprisonment for a terms of not less than one month and
not more than six months, and also with fine which shall be not less than one
hundred rupees and not more than five hundred rupees
7A.(1)Whoever compels any person, on the ground of untouchability to do any
scavenging or sweeping or to remove any carcass or to flay any animal or to remove the
umbilical cord or to do any other job of a similar nature, shall be deemed to have
enforced a disability arising out of untouchability
(2)Whoever is deemed under sub-section (1) to have enforced a disability arising out of
untouchability shall be punishable with imprisonment for a term which shall not be less
than three months and not more than six months and also with fine which shall not be
less than one hundred rupees and not more than five hundred rupees.
Explanation- For the purposes of this section, compulsion includes a threat of social or
economic boycott.
8.Cancellation or suspension of licences in certain cases
When a person who is convicted of an offence under section 6 holds any license under
any law for the time being in force in respect of any profession, trade, calling or
employment in relation to which the offence is committed, the court trying the offence
may, without prejudice to any other penalty to which such person may be liable under
that section, direct that the license shall stand cancelled or be suspended for such period
as the court may deem fit, and every order of the court so canceling or suspending a
license shall have effect as if it had been passed by the authority competent to cancel or
suspend the license under any such law.
Explanation:- In this section, lincence includes a permit or a permission.

10. Abetment of offence

Whoever abets any offence under this Act shall be punishable with the punishment
provided for the offence.
Explanation:- A public servant who willfully neglects the investigation of any offence
punishable under this Act shall be deemed to have abetted an offence punishable under
this Act.
Objectives of Criminal Justice System

Criminal Justice refers to the agencies of government charged with enforcing law,
adjudicating crime, and correcting criminal conduct. The criminal justice system is
essentially an instrument of social control: society considers some behaviours so
dangerous and destructive that it either strictly controls their occurrence or outlaws
them outright. It is the job of the agencies of justice to prevent these behaviours by
apprehending and punishing transgressors or deterring their future occurrence. Although
society maintains other forms of social control, such as the family, school, and church,
they are designed to deal with moral, not legal, misbehaviour. Only the criminal justice
system

has

the

power

to

control

crime

and

punish

criminals.

So, the main objectives of the criminal justice system can be categorized as follows:
#

To

To

prevent
punish

To

rehabilitate

To

compensate

To

maintain

To

deter

the

the

the
the
the
law

offenders

occurrence

transgressors

from

transgressors
victims
and

the

and
as

order

committing

of

and

any

the

criminals.

far

as

in

the

criminal

act

crime.
criminals.

in

possible.
society.
the

future.

Of late, the relevance of our criminal justice system- both substantive and procedural- a
replica of the British colonial jurisprudence, is being seriously questioned. Perhaps the
criminal judicial system is based on the laws that are arbitrary and operate to the
disadvantages of the poor. They have always come across as law for the poor rather than
law of the poor. It operates on the weaker sections of the community, notwithstanding
constitutional

guarantee

to

the

contrary.

There are hardly any people to advocate for the new laws to help the poor, there are
practically none to pressurize the government and the legislature to amend the laws to
protect the week and the poor. Even after five decades of independence, no serious
efforts have been made to redraft penal norms, radicalize punitive processes, humanize
prison houses and make anti-social and anti-national criminals etc. incapable of escaping
the

legal

coils.

The criminal justice system is cumbersome, expensive and cumulatively disastrous. The
poor can never reach the temple of justice because of heavy costs involved in gaining
access and the mystique of legal ethos. The hierarchy of courts, with appeals after
appeals, puts legal justice beyond the reach of the poor. Making the legal process costlier
is an indirect denial of justice to the people and this hits hard on the lowest of the low in
society. In fact, the legal system has lost its credibility for the weaker section of the
community.
Of course, the judiciary in recent years has taken a lead and has come forward with a
helping hand to give some relief to the victims of criminal justice in a limited way.

Some of the recent developments that have taken place during the last few years in our
judicial delivery system to seek redress and accord justice to the poor are worth
mentioning. The importance of these developments to the delivery system of justice
cant be ignored. They have revolutionized our judicial jurisprudence and will go a long
way

in

giving

relief

to

the

large

masses

and

the

common

man.

In view of the importance of the subject matter, it is proposed to explain in brief some of
the important areas of the criminal justice system that have attracted the attention of
the

courts

in

1.

Public

2.

Bail

recent

years.

These

are:

interest

litigation.

justice

3.

jurisprudence.

Prison

4.

Compensation

5.

Legal

justice.
to

aid

the

and

victims.

legal

services.

Public Interest Litigation

Public interest has its origin in the United States. It was during the 1960s that public
interest litigation emerges as a part of the legal aid movement primarily aimed at
protecting the rights of the weaker sections of the community, such as the women,
children,

physically

and

mentally

handicapped

and

the

like.

In India during the last few years, a new wave of public interest litigation has struck the
courts. It is being argued I some quarters that public interest litigation has opened a
floodgate of litigation and by such action, the Indian judiciary seems to be projecting
itself

as

the

upholder

of

the

freedom

of

people.

This over act of the judiciary is regarded as nothing but interference in the action of the
executive, which is making a good and effective government impossible. It is pointed out
that the judiciary might collide head on with the other organs of the State-the executive
and

the

legislature-

in

which

event,

being

the

weakest,

it

would

collapse.

Bail Justice System

Bail is a generic term used to mean judicial release from custodia legis. The right to bailthe right to be released from jail in a criminal case, after furnishing sufficient security
and bond- has been recognized in every civilized society as a fundamental aspect of
human rights. This is based on the principle that the object of a criminal proceeding is to
secure the presence of the accused charged of a crime at the time of the inquiry, trial
and investigation before the court, and to ensure the availability of the accused to serve
the sentence, if convicted. It would be unjust and unfair to deprive a person of his
freedom and liberty and keep him in confinement, if his presence in the court, whenever

required

for

trial,

is

assured.

Prison Justice
Justice delayed is justice denied. This is more so in criminal cases where the liberty of an
individual is at stake and in jeopardy. The irony of fate is that in all such cases, it is the
poor and the week who are the victims of the criminal justice system, and not the rich
who

are

able

to

get

away.

The plight of undertrial prisoners for the first time came to the notice of the Supreme
Court of India in the landmark case of Hussainara Khatoon v. State of Bihar in 1979,
wherein it was disclosed that thousands of undertrial prisoners were languishing in
various jails in the State of Bihar for periods longer than the maximum term for which
they could have been sentenced, if convicted. While granting a character of freedom for
undertrials who had virtually spent their period of sentences, the court said their
detention was clearly illegal and was in violation of their fundamental rights guaranteed
under Art.21 of the Constitution of India. The court further said that speedy trial is a
constitutional mandate and the State cant avoid its constitutional mandate and its
constitutional

obligation

by

pleading

financial

or

administrative

inability.

In Sanjay Suri , a trainee newspaper reporter initiated a public interest litigation by

moving a writ petition in the Supreme Court of India to gather information about seven
juvenile prisoners locked up in Tihar Jail, Delhi, whose conditions were reported
miserable. The Court, after getting a thorough investigation conducted of the matter,
came to know that the prisoners were living in pathetic conditions in prison and there
was overcrowding in jail. The court accordingly issued a number of directions to the jail
administration under the provisions of the Indian Prison Act, 1884 to undertake
corrective measures, so that the prisoner could be provided with facilities available under
the

law

and

were

not

put

to

harassment

and

inhuman

torture.

There is however, hardly any change in the condition of the jails and the attitude of the
jail administration, and in spite of constitutional mandate for speedy trial, there are over
two lakh prisoners, convicts and undertrials who are endlessly awaiting an early hearing
of

their

cases.

It may be noted that the liberal remissions and grant of frequent paroles to the prisoners
to spend time with their families would help to inculcate self confidence in prisoners and
reduce
As

the
Kuldeep

intensity
Singh

of
and

some
B.L.

of

the
Hansaria,

prison

vices.

JJ

said:

Unless there is introspection the part of all concerned with the criminal justice system,
issues relating to jail reforms, improvement in the prisoners condition, and better
administration of justice will continue to remain on paper. It is possible to reduce the

backlog of criminal cases if the judiciary and lawyers together resolve to refrain from
unnecessary

and

Compensation

repeated

to

adjournment.

Victims

of

Crime

Criminal law, which reflects the social ambitions and norms of the society, is designed to
punish as well as to reform the criminals, but it hardly takes any notice of by product of
crime-

i.e.

its

victim.

The poor victims of crime are entirely overlooked in misplaced sympathy for the criminal.
The guilty man is lodged, fed, clothed, warmed, lighted, and entertained in a model cell
at the expense of the state, from the taxes that the victim pays to the treasury. And, the
victim, instead of being looked after, is contributing towards the care of prisoners during
his stay in the prison. In fact, it is a weakness of our criminal jurisprudence that the
victims

of

crime

dont

attract

due

attention.

The code of criminal procedure, 1973, sec.357 and Probation of Offenders Act, 1958,
sec.5; empowers the court to provide compensation to the victims of crime. However it
is noted with regret that the courts seldom resort to exercising their powers liberally.
Perhaps taking note of the indifferent attitude of the subordinate courts, the apex court
in Hari Krishan, directed the attention of all courts to exercise the provisions under
sec.357 of the Cr.P.C. liberally and award adequate compensation to the victim,
particularly when an accused is released on admonition, probation or when the parties
enter

into

compromise.

No doubt in recent years, the Supreme Court and High Courts by invoking Art.21 of the
Constitution have tried to give some compensatory relief to the poor victims of illegal
detention at the hands of the executive. Such cases are, however, numbered and are not
going

to

solve

the

malady.

Suggestions
Criminal

Justice

System

in

India

requires

strong

second

look.

The criminal investigation system needs higher standards of professionalism and it

should be provided adequate logistic and technological support. Serious offences should
be classified for purpose of specialized investigation by specially selected, trained and
experienced investigators. They should not be burdened with other duties like security,
maintenance of law and order etc., and should be entrusted exclusively with
investigation

of

serious

offences.

The number of Forensic Science Institutions with modern technologies such as DNA
fingerprinting technology should be enhanced. The system of plea-bargaining (as
recommended by the Law Commission of India in its Report) should be introduced as
part

of

the

process

of

decriminalization.

The greatest asset of the police in investigation of crimes and maintenance of law and

order is the confidence of the people. Today, such public confidence is at the lowest ebb.
The police are increasingly losing the benefit of this asset of public confidence. Hard
intelligence in investigations comes from public cooperation. If police are seen as
violators of law themselves or if they abuse their powers for intimidation and extortion,
public develop an attitude of revulsion and the onerous duties and responsibilities that
the

police

shoulder

become

more

onerous

and

difficult.

In order that citizens confidence in the police administration is enhanced, the police
administration in the districts should periodically review the statistics of all the arrests
made by the police in the district and see as to in how many of the cases in which
arrests were made culminated in the filing of charge-sheets in the court and how many
of the arrests were ultimately turned out to be unnecessary. This review will check the
tendency of unnecessary arrests. Some statistics indicate that in some districts in the
country, nearly 80% of the arrests were made in respect of bailable offences.
The legal services authorities in the States should set up committees with the
participation of civil society for bringing the accused and the victims together to work out
compounding of offences.
Unorganised labour force in India
he Indian economy is characterised by the existence of a vast majority of informal or
unorganised labour employment. As per a survey carried out by the National Sample
Survey Organisation (NSSO) in 200910, the total employment in the country was of
46.5 crore comprising around 2.8 crore in the organised and the remaining 43.7 crore
workers in the unorganised sector. Out of these workers in the unorganised sector, there
are 24.6 crore workers employed in agricultural sector, about 4.4 crore in construction
work and remaining in manufacturing and service.
The Indian Scenario
The Indian Economy is characterized by the existence of a vast majority of informal or
unorganized labour employment. As per the Economic Survey 2007-08, 93% of Indias
workforce include the self employed and employed in unorganized sector. The Ministry of
Labour, Government of India, has categorized the unorganized labour force under four
groups in terms of Occupation, nature of employment, specially distressed categories
and service categories.
Under Terms of Occupation

Small and marginal farmers, landless agricultural labourers, share croppers,

fishermen, those engaged in animal husbandry, beedi rolling, labelling and
packing, building and construction workers, leather workers, weavers, artisans,
salt workers, workers in brick kilns and stone quarries, workers in saw mills, oil
mills, etc. come under this category.

Under Terms of Nature of Employment

Attached agricultural labourers, bonded labourers, migrant workers, contract and

casual labourers come under this category.

Under Terms of Specially Distressed Category

Toddy tappers, scavengers, carriers of head loads, drivers of animal driven

vehicles, loaders and unloaders come under this category.

Under Terms of Service Category

Midwives, Domestic workers, Fishermen and women, Barbers, Vegetable and fruit
vendors, News paper vendors etc. belong to this category.

In addition to these four categories, there exists a large section of unorganized labour
force such as cobblers, Hamals, Handicraft artisans, Handloom weavers, Lady tailors,
Physically handicapped self employed persons, Rikshaw pullers, Auto drivers, Sericulture
workers, Carpenters, Tannery workers, Power loom workers and Urban poor.

Though the availability of statistical information on intensity and accuracy vary

significantly, the extent of unorganized workers is significantly high among
agricultural workers, building and other construction workers and among home
based workers. According to the Economic Survey 2007-08 agricultural workers
constitute the largest segment of workers in the unorganized sector (ie. 52% of
the total workers).

As per the National Sample Survey Organization (NSSO), 30 million workers in

India are constantly on the move (migrant labour) and 25.94 million women
workforce has been added in the labour market from the year 2000 onwards. All
the more every day 13000 Indians turn 60 years and they are expected to live
another average of 17years. Unfortunately only 10% of the Indians save for old
age. The tragedy is that the existing social security legislations cover only 8% of
the total work force of 459 million in India.

The latest report of the NSSO uploaded by the close of May 2011 about the casual
workers in India between 2004-05 and 2009-10 compared to that of the period
between 1999 2000 and 2004-05 very clearly shows that there is significant
increase in the number of casual workers and decline in the number of regular
workers.

This report shows a substantial shift between 1999-00 and 2009-10 in the
structure of the labour force which can be broadly divided in to self employed,
regular, and casual workers. (casual workers are employees who do not enjoy the
same benefits and security as tenured employees. All daily wage employees and
some categories of contract employees are casual labourers.)

All these NSSO reports are clear evidences to prove that the labour market of
India has been undergoing tremendous transformations, including growth of
informal sector activities, deterioration in the quality of employment (in terms of
job security, terms and conditions at work), Weakening of worker organizations
and collective bargaining institutions, marked decline in social security etc. To a
greater extent, these transformation could be related to the ongoing globalization
process and the resultant efforts on the part of employers to minimize the cost of
production to the lowest levels. It is also evident that most of these outcomes are
highly correlated and mutually reinforcing. A closer analysis suggests that the
growing informalisation of labour market has been central to most of these

transformations, which inter alia highlights the utility of understanding the growth
of unorganized sector in India and its implications.

Many thought that Indias growth could do no wrong, and took the administrative
versions and interpretations for granted. Now it comes to a point that none of
these can be taken for granted. Growth is slow, inflation is structural and
structure of employment is not enough to cater to the growing labour force.

Growing prominence of unorganized sector in India

Predominance of informal employment has been one of the central features of the
labour market scenario in India. While the sector contributes around half of the
GDP of the county, its dominance in the employment front is such that more than
90% of the total workforce has been engaged in the informal economy. As per the
latest estimation of a Sub-committee of the National Commission for Enterprises
in the Unorganized Sector (NCEUS), the contribution of unorganized sector to
GDP is about 50% (NCEUS 2008).

This national level pattern of informal workers occupying around 90% of the
workforce is more or less similar in the case of most of the prominent states in
the country. Among the unorganized sector workers, a considerable proportion
(about 65%) is engaged in agricultural sector, which in turn indicates the
prominence of rural segment in the informal economy.

The growth of formal employment in the country has always been less than that
of total employment, indicating a faster growth of employment in the informal
sector. Available data suggests that within the formal sector also the proportion of
informal / unorganized workers are on the increase. For instance, by providing a
comparison of the NSSO Employment Data for 55th and 61st Rounds (for 19992000 and 2004-05 respectively) the NCEUS (2007) explains that the country is
currently in a state of informalisation of the formal sector, where the entire
increase in the employment in the organized sector over this period has been
informal in nature.

It is widely acknowledged that the informal sector in India suffers from a low
productivity syndrome, compared to the formal sector. The prominent features of
the sector are lower real wages and poor working / living conditions.

Further, the sector is characterized by excessive seasonality of employment

(especially in the farm sector), preponderance of casual and contractual
employment, atypical production organizations and work relations, absence of
social security measures and welfare legislations, negation of social standards and
worker rights, denial of minimum wages and so on. Poor human capital base (in
terms of education, skill and training) as well as lower mobilization status of the
work force further add to the vulnerability and weaken the bargaining strength of
workers in the informal sector. Thus, the sector has become a competitive and
low cost device to absorb labour, which cannot be absorbed elsewhere, whereas
any attempt to regulate and bring it into more effective legal and institutional
framework is perceived to be impairing the labour absorbing capacity of the
sector.

With the advent of globalization and resultant reorganization of production chains

led to a situation where production systems are becoming increasingly atypical
and non-standard, involving flexible workforce, engaged in temporary and parttime employment, which is seen largely as a measure adopted by the employers
to reduce labour cost in the face of stiff competition. No doubt, it obviously
indicates that these flexible workers in the new informal economy are highly
vulnerable in terms of job security and social protection, as they are not deriving
any of the social protection measures stipulated in the existing labour legislations.
The insecurities and vulnerabilities of these modern informal sector labour are on
the rise, as there is a visible absence of worker mobilization and organized
collective bargaining in these segments owing to a multitude of reasons.

The alarming expansion of informal sector, in recent times, has adversely affected
employment and income security for the larger majority of the workforce, along
with a marked reduction in the scale of social welfare / security programme.

In our global cities such as Bangalore, which are being show-cased as the new
faces of an affluent and vibrant India, there are lakhs of people who rely on
manual labour for their own livelihood. The housemaids, security guards,
construction workers, garment workers, cobblers, beedi workers, agarbati
workers, drivers and many others have a very different story to tell. Their
incomes have not grown at the staggering rate of their employers; indeed
adjusted for inflation their incomes have often fallen over the last two and half
decades, driving them into deeper poverty.

The major characteristics of the unorganized workers

The unorganized labour is overwhelming in terms of its number range and

therefore they are omnipresent throughout India.

As the unorganized sector suffers from cycles of excessive seasonality of

employment, majority of the unorganized workers does not have stable durable
avenues of employment. Even those who appear to be visibly employed are not
gainfully and substantially employed, indicating the existence of disguised
unemployment.

The workplace is scattered and fragmented.

There is no formal employer employee relationship

In rural areas, the unorganized labour force is highly stratified on caste and
community considerations. In urban areas while such considerations are much
less, it cannot be said that it is altogether absent as the bulk of the unorganized
workers in urban areas are basically migrant workers from rural areas.

Workers in the unorganized sector are usually subject to indebtedness and

bondage as their meager income cannot meet with their livelihood needs.

The unorganized workers are subject to exploitation significantly by the rest of

the society. They receive poor working conditions especially wages much below
that in the formal sector, even for closely comparable jobs, ie, where labour

productivity are no different. The work status is of inferior quality of work and
inferior terms of employment, both remuneration and employment.

Primitive production technologies and feudal production relations are rampant in

the unorganized sector, and they do not permit or encourage the workmen to
imbibe and assimilate higher technologies and better production relations. Large
scale ignorance and illiteracy and limited exposure to the outside world are also
responsible for such poor absorption.

The unorganized workers do not receive sufficient attention from the trade
unions.

Inadequate and ineffective labour laws and standards relating to the unorganized
sector.

Social security measures

It is rightly true that when independent Indias constitution was drafted, social
security was specially included in List III to Schedule VII of the constitution and it
was made as the concurrent responsibility of the central and state governments.
A number of directive principles of state policy relating to aspects of social
security were incorporated in the Indian constitution. The initiatives in the form of
Acts such as the Workmens Compensation Act (1923), the Industrial Disputes Act
(1947), the Employees State Insurance Act (1948), the Minimum Wages Act
(1948), the Coal Mines Provident Funds and Miscellaneous Provisions Act (1948),
The Employees Provident Fund and Miscellaneous Provisions Act (1952), the
Maternity Benefit Act (1961), the Seamens Provident Fund Act (1966), the
Contract Labour Act (1970),

The Payment of Gratuity Act (1972), the Building and Construction Workers Act
(1996) etc. reveal the attention given to the organized workers to attain different
kinds of social security and welfare benefits. Though it has been argued that the
above Acts are directly and indirectly applicable to the workers in the unorganized
sector also, their contribution is very negligible to the unorganized workers.

Inspite of the fact that not much has been done in providing social security cover
to the rural poor and the unorganized labour force, the country has made some
beginning in that direction. Both the central and state governments have
formulated certain specific schemes to support unorganized workers which fail in
meeting with the real needs and requirements of the unorganized sector labour
force.

This becomes clear even when the highly proclaimed National Rural Employment
Guarantee Act -2005 (NREGA), though it is a breakthrough, doesnt have
common wage in different states and limits itself only to hundred days work for
those registered worker under the Act. What about the rest of the days in an
year? As per this Act, the work guarantee applies in rural areas only, what about
the urban poor?

And looking at the recent Unorganized Sectors Social Security Act (2008) , one
really wonders if there is any provision for an unorganized worker in this Act
other than some guidelines about the available social security schemes in the

country. How can it be called an Act unless it has the legal binding and provisions
of rights to work and entitlements under it? Here as per the Act nothing is
mentioned about what constitutes appropriate and adequate social security for
the vast mass of unorganized workers and their dependents, what eligibility
criteria, if any, ought to be prescribed, what will be the scale of benefits that the
workers and their families are entitled to receive and under what conditions, what
will be the funding arrangements that must be put in positions to meet the cost of
social security and so on. Arent the unorganized workers of this country entitled
to receive, in this 60th year of our Republic, minimum standards of social security
and labour rights, on the scale and spread adumbrated in the relevant ILO
convention drawn up more than 50 years ago? Therefore, this law which does not
deal with the issue of unemployment, its regulation, wages, and conditions of
work and so on is not merely incomplete but dysfunctional if it proceeds to deal
with social security on a stand alone basis. The Act, actually, suffers from a
serious lack of legislative policy and intent. Ultimately this Act is an eye wash
which has neither the capacity to address nor the inbuilt provision to provide
solutions to the needs of the unorganized sector. Even the provisions and
procedure of the Minimum Wages Act (1948) is so vague and futile that different
states of India have fixed abysmally meagre wages and that too with so much of
variations from state to state.

In fact a comprehensive Act, catering to the security needs of the unorganized

sector such as Food, Nutrition, Health, Housing, Employment, Income, Life and
accident, and old age remains a dream in India. Still the cries of the unorganized
sector goes unattended with the governments laying red carpets for the
corporates and so called investors at the expense and sacrifice of the working
class.

INTRODUCTION

Marginality is an experience that affects millions of people throughout the world.

People who are marginalized have relatively little control over their lives, and the
resources available to them. This results in making them handicapped in delving
contribution to society. A vicious circle is set up whereby their lack of positive and
supportive relationships means that they are prevented from participating in local
life, which in turn leads to further isolation. This has a tremendous impact on
development of human beings, as well as on society at large. As the objective of
development is to create an enabling environment for people to enjoy a
productive, healthy, and creative life, it is important to address the issue of
marginalization. Development is always broadly conceived in terms of mass
participation. Marginalization deprives a large majority of people across the globe
from participating in the development. It is a complex problem, and there are
many factors that cause marginalization. This complex and serious problem need
to be addressed at the policy level. This project deals with the problems

associated with the groups suffering from marginalization and the ways to reduce
them.

MEANING OF MARGINALIZED GROUPS AND MARGINALIZATION

In general, the term marginalization describes the overt actions or tendencies of

human societies, where people who they perceive to undesirable or without useful
function, are excluded, i.e., marginalized. These people, who are marginalized,
from a GROUP or COMMUNITY for their protection and integration and are known
as marginalized groups. This limits their opportunities and means for survival.
Peter Leonard defines marginality as, . . . being outside the mainstream of
productive activity and/or social reproductive activity.

The Encyclopedia of Public Health defines marginalized groups as, To be

marginalized is to be placed in the margins, and thus excluded from the privilege
and power found at the center. Latin observes that, Marginality is so
thoroughly demeaning, for economic well-being, for human dignity, as well as for
physical security. Marginal groups can always be identified by members of
dominant society, and will face irrevocable discrimination. These definitions are
mentioned in different contexts, and show that marginalization is a slippery and
multilayered concept. Marginalization has aspects in sociological, economic, and
political debates. Marginalization may manifest itself in forms varying from
genocide/ethnic-cleansing and other xenophobic acts/activities at one end of the
spectrum, to more basic economic and social hardships at the

unitary

(individual/family) level.

Of course, the forms of marginalization may varygenerally linked to the level of

development of society; culturally, and as (if not more) importantly, with relation
to economics. For example, it would generally be true, that there would exist
more marginalized groups in the Third World, and developing nations, that in
the Developed/First-World nations. Indeed, there can be a distinction made, on
the basis of the choice that one has within this contextthose in the Third
World who live under impoverished conditions, through no choice of their own
(being far removed from the protectionism that exists for people in the First
World,) are often left to die due to hunger, disease, and war. One can also add to
this various minorities, as well as women Within the First World, low-income
drug addicts stand out as being the most marginalized. This deliberate or chosen
marginalization of people carries with it aspects of a so-called Social Darwinism.

To further clarify the meaning and concept let us discuss certain characteristics of
marginalized
Usually
1)

a
It

groups:
minority
suffers

group
from

has

the

following

discrimination

and

characteristics
subordination.

2) They have physical and/or cultural traits that set them apart, and which are
disapproved
3)

They

of,

share

by

sense

of

collective

dominant

identity

and

common

group.
burdens.

4) They have shared social rules about who belongs, and who does not.
5) They have a tendency to marry within the group.

Thus, marginalization is a complex as well as shifting phenomenon linked to social

status.

VARIOUS MARGINALIZED GROUPS AND THEIR PROBLEMS

Most vulnerable marginalized groups in almost every society can be summarized

as below:

1. Women -

Under different economic conditions, and under the influence of specific historical,
cultural, legal and religious factors, marginalization is one of the manifestations of
gender inequality. In other words, women may be excluded from certain jobs and
occupations, incorporated into certain others, and marginalized in others. In
general they are always marginalized relative to men, in every country and
culture. Women (or, men) dont present a homogeneous category where
members have common interests, abilities, or practices. Women belonging to
lower classes, lower castes, illiterate, and the poorest region have different levels
of marginalization than their better off counterparts.

2. People with disabilities -

People

with

disabilities

have

had

to

battle

against

centuries

of

biased

assumptions, harmful stereotypes, and irrational fears. The stigmatization of

disability resulted in the social and economic marginalization of generations with
disabilities, and, like many other oppressed minorities, this has left people with
disabilities in a severe state of impoverishment for centuries. The proportion of
disabled population in India is about 21.9 million. The percentage of disabled
population to the total population is about 2.13 per cent. There are interstate and

interregional differences in the disabled population. The disabled face various

types of barriers while seeking access to health and health services. Among those
who are disabled women, children and aged are more vulnerable and need
attention.

3. Schedule Castes(Dalits) -

The caste system is a strict hierarchical social system based on underlying notions
of purity and pollution. Brahmins are on the top of the hierarchy and Shudras or
Dalits constitute the bottom of the hierarchy. The marginalization of Dalits
influences all spheres of their life, violating basic human rights such as civil,
political, social, economic and cultural rights. A major proportion ofthe lower
castes and Dalits are still dependent on others for their livelihood. Dalits does not
refer to a caste, but suggests a group who are in a state of oppression, social
disability and who are helpless and poor. Literacy rates among Dalits are very low.
They have meager purchasing power and have poor housing conditions as well as
have low access to resources and entitlements. Structural discrimination against
these groups takes place in the form of physical, psychological, emotional and
cultural abuse which receives legitimacy from the social structure and the social
system. Physical segregation of their settlements is common in the villages
forcing them to live in the most unhygienic and inhabitable conditions. All these
factors affect their health status, access to healthcare and quality of life. There
are high rates of malnutrition reported among the marginalized groups resulting
in mortality, morbidity and anemia. Access to and utilization of healthcare among
the

marginalized

status

groups

is

influenced

within

by

their

socio-economic

the

society.

Caste based marginalization is one of the most serious human rights issues in the
world today, adversely affecting more than 260 million people mostly reside in
India.

Caste-based

discrimination

entails

social

and

economic

exclusion,

segregation in housing, denial and restrictions of access to public and private

services and employment, and enforcement of certain types of jobs on Dalits,
resulting in a system of modern day slavery or bonded labour. However, in recent
years due to affirmative action and legal protection, the intensity of caste based
marginalization is reducing.

4.

Scheduled

Tribes

The Scheduled Tribes like the Scheduled Castes face structural discrimination

within the Indian society. Unlike the Scheduled Castes, the Scheduled Tribes are a
product of marginalization based on ethnicity. In India, the Scheduled Tribes
population is around 84.3 million and is considered to be socially and
economically disadvantaged. Their percentages in the population and numbers
however vary from State to State. They are mainly landless with little control over
resources such as land, forest and water. They constitute a large proportion of
agricultural laborers, casual laborers, plantation laborers, industrial laborers etc.
This has resulted in poverty among them, low levels of education, poor health and
reduced access to healthcare services. They belong to the poorest strata of the
society
5.

and
Elderly

have

severe

or

Aged

health
People

problems.

Ageing is an inevitable and inexorable process in life. In India, the population of

the elderly is growing rapidly and is emerging as a serious area of concern for the
government and the policy planners. According to data on the age of Indias
population, in Census 2001, there are a little over 76.6 million people above 60
years, constituting 7.2 per cent of the population. The number of people over 60
years in 1991 was 6.8 per cent of the countrys population. The vulnerability
among the elderly is not only due to an increased incidence of illness and
disability, but also due to their economic dependency upon their spouses, children
and other younger family members. According to the 2001 census, 33.1 per cent
of the elderly in India live without their spouses. The widowers among older men
form 14.9 per cent as against 50.1 per cent widows among elderly women.
Among the elderly (80 years and above), 71.1 per cent of women were widows
while widowers formed only 28.9 per cent of men. Lack of economic dependence
has an impact on their access to food, clothing and healthcare. Among the basic
needs of the elderly, medicine features as the highest unmet need. Healthcare of
the elderly is a major concern for the society as ageing is often accompanied by
multiple illnesses and physical ailments.

6.

Children

Children Mortality and morbidity among children are caused and compounded by
poverty, their sex and caste position in society.

All these have consequences on their nutrition intake, access to healthcare,

environment and education. Poverty has a direct impact on the mortality and
morbidity among children. In India, a girl child faces discrimination and

differential access to nutritious food and gender based violence is evident from
the falling sex ratio and the use of technologies to eliminate the girl child. The
manifestations of these violations are various, ranging from child labor, child
trafficking, to commercial sexual exploitation and many other forms of violence
and abuse. With an estimated 12.6 million children engaged in hazardous
occupations (2001 Census), for instance, India has the largest number of child
laborers under the age of 14 in the world. Among children, there are some groups
like street children and children of sex workers who face additional forms of
discrimination. A large number of children are reportedly trafficked to the
neighboring countries. Trafficking of children also continues to be a serious
problem in India. While systematic data and information on child protection issues
are still not always available, evidence suggests that children in need of special
protection belong to communities suffering disadvantage and social exclusion
such as scheduled casts and tribes, and the poor (UNICEF, India).

7.

Sexual

Minorities

Another group that faces stigma and discrimination are the sexual minorities.
Those identified as gay, lesbian, transgender, bisexual, kothi and hijra; experience
various forms of discrimination within the society and the health system. Due to
the dominance of heteronomous sexual relations as the only form of normal
acceptable relations within the society, individuals who are identified as having
same-sex sexual preferences are ridiculed and ostracized by their own family and
are left with very limited support structures and networks of community that
provide them conditions of care and support. Their needs and concerns are
excluded from the various health policies and programs.

MARGINALIZATION IN SCHEDULE TRIBES

Since in this project we have to give special reference to the marginalization of

schedule tribes, therefore we are discussing the marginalization of STs in a more
elaborative way.

The Scheduled Tribes like the Scheduled Castes face structural discrimination
within the Indian society. Unlike the Scheduled Castes, the Scheduled Tribes are a
product of marginalization based on ethnicity. There are approximately two
hundred million tribal people in the entire globe, which means about four percent
of the global population. In India, the Scheduled Tribes population is around 84.3
million and is considered to be socially and economically disadvantaged. Their

percentages in the population and numbers however vary from State to State,
50% of the Indias tribal population is concentrated in the North-eastern region of
the country, who are, geographically and culturally, are at widely different stages
of social as well as their economic development is concerned and their problems
too differ from area to area within their own groups.

From the historical point of view, they have been subjected to the worst type of
societal exploitation. They are mainly landless with little control over resources
such as land, forest and water. They constitute a large proportion of agricultural
laborers, casual laborers, plantation laborers, industrial laborers etc. This has
resulted in poverty among them, low levels of education, poor health and reduced
access to healthcare services. They belong to the poorest strata of the society
and have severe health problems. They are less likely to afford and get access to
healthcare services when required. They are practically deprived from many civic
facilities and isolated from modern civilized way of living since so many centuries.
The health outcomes among the Scheduled Tribes are very poor even as
compared to the Scheduled Castes. The Infant Mortality Rate among Scheduled
Castes is 83 per 1000 live births while it is 84.2 per 1000 per live births among
the

Scheduled

Tribes

Among the Scheduled Castes and the Scheduled Tribes the most vulnerable are
women, children, aged, those living with HIV/AIDS, mental illness and disability.
These groups face severe forms of discrimination that denies them access to
treatment and prevents them from achieving a better health status. Gender
based violence and domestic violence is high among women in general in India.
Girl child and women from the marginalized groups are more vulnerable to
violence. The dropout and illiteracy rates among them are high.

Early marriage, trafficking, forced prostitution and other forms of exploitation are
also reportedly high among them. In situations of caste conflict, women from
marginalized groups face sexual violence from men of upper caste i.e., rape and
other forms of mental torture and humiliation.

Nevertheless the Constitution of India has made definite provisions for the
welfare and uplift of the tribal people throughout the country. And the greatest
challenge that the Government of India has been facing since Independence, till
today is the proper provision of social justice to the scheduled tribe population,

besides its rigorous effort s in implementing the new policy of tribal development
and integration was initiated throughout the country.

GARO THE SCHEDULED TRIBE FOUND IN NORTH-EAST INDIA

Objectives

In this section, attempt is made in this project to study the socio-cultural,

economic and educational status of Garos Tribes in Amingokgre village, Tura
District of Meghalaya State through full remuneration as well as applying the
qualitative research method to reach the depth of their problems.

Historical

Background

The early history highlights that the Garos are descended from their four fathers
in a song Tibetgori, who came eastward from the Himalayas and reached Gondul
Ghat where they made a brief halt, and then traveled to Sadiya from where they
trekked into the North bank of Brahmaputra and reached Amingnaon. However,
due to insecurity of life again they crossed the Brahmaputra River and came to
reside at Kamakhya, and settled for five generation until the Koches came to
invade the Garo Kingdom, and forced them to migrate towards westward Garo
outer hills, and later on penetrated the interior hills of their present abode.
Further when we critically examined the history of Garos indicated that has been
a period marked by persistent of internal warfare and many blood feeds seem to
have occurred between the families, villages and neighboring chiefs of Nokmas
for

their

very

survival

itself.

Never the less, the contact between the Garos tribes and the British started
towards the close of the 18th Century, only after the British East India Company
has

secured

the

Diwani

Present

Bengal

from

the

Mughal

Status

Emperor.

The Garos are mainly distributed over the Kamrup, Goalpara and Karbi Anglong
districts of Assam, Garo Hills in Meghalaya, and substantial numbers, about
200,000 are found in greater Mymensingh (Tangail, Jamalpur, Sherpore, and
Netrakona) and Gazipur, Rangpur, Sunamgonj, Sylhet, Moulovibazar district of
Bangladesh. It is estimated that total Garo population in India and Bangladesh
together

were

about

million

in

2001.

Garos are also found scattered in the state of Tripura. The recorded Garo
population was around 6,000 in 1971. In a recent survey conducted by the newly
revived Tripura Garo Union revealed that the numbers of Garos has increased to

about 15000, spreading to all the four districts of Tripura. Garos also form
minority in Cooch, Behar, Jalpaiguri, Darjeeling and Dinajpur of West Bengal. As
well as in Nagaland, the present generation of Garos forming minority do not
speak

the

ethnic

language

anymore.

Garos are mainly Christians although there are some rural pockets where the
traditional

animist

religion

and

traditions

are

still

followed.

Garo language has different sub-languages, Viz- Abeng, Matabeng, Atong,

Megam, Matchi, Dual [Matchi-Dual] Ruga, Chibok, Chisak, Gara, Ganching
[Gara-Ganching] Awe etc. In Bangladesh Abeng is the usual dialect, but Achik
is used more in India. The Garo language has some similarities with Boro-Kachari,
Rava,

Dimasa

and

Study

Kok-Borok

languages.

Area

Profile-

The West Garo district lies in the western part of the State. The Meghalaya
means the abode of clouds which receive the highest rainfalls in the world i.e.
(Cherrapunjee). The district head quarter of West Garo Hills is Tura, being the
second largest town in the state after Shillong. The total geographical area got
stretched into 3,714 Sq. Km. With three sub-division and eight blocks. However
the surface is mostly hill with bit plains fringing the northern west and the south
west borders, which brings the monsoon to this hilly district. The average rainfall
is 330 cm. As far as transport facilities are concerned the district is well
connected

by

road,

air,

and

river

i.e.

within

and

outside

district.

Amingokgre, the study village, located at the distance of 47 Km, from the district
head quarter Tura. The total number of households were 32 respectively count in
the sex wise distribution indicates that there are 82 males and 75 females and
total population of 157 only. However, out of 32 households 17 were practicing
Christianity, as their religion and rest of the 15 households are non-Christians
locally

known

as

Songsreks.

As far as basic amenities are concerned the village lacks behind logistically.
Having only a way to reach from Tura to village by 1.5 km. kutcha road that is
also in rainy season becomes difficult for accessible for vehicles. Moreover, the
village is not electrified so far, and the major source of drinking water is from
streams and wells which totally dry up in the month of October to March. Apart
from own activity, there is absolutely no secondly source of livelihood for the
villagers.
Jhum

Cultivation

Shifting cultivation, commonly known by many names in this part of the world as
Swidden agriculture, slash and burn agriculture, and Jhum agriculture. Jhum has
been described as an agricultural concept which has a unique feature in it the
rotation of fields rather than the conventional system of crops i.e. after every two
or four years. Moreover, the land is abandoned hence the cultivators were shift
now and then to another new field for clearing, leaving the present field for
natural

reoccupation

for

its

next

turn

to

come.

However, the tribal people who are involved in this type of agricultural practice
are called as Jhumiyas. Nevertheless 86% of the populations living in the hills
are dependent on shifting cultivation. Therefore, 100 of tribal/ethnic, minority
population inhabiting the North East hills due to their very intimately connected
with the practice of Jhum cultivation since time immemorial. Which not only
highlights their traditional lifestyle their cultural beliefs and emotional bindings
toward their motherland but also indicates that how homogeneous group they are
by

nature.

Due to the new development in economic sector, the concentration of economic

power started taking place in many ways, firstly the resources owned by the
community gradually passes into private ownership and secondly, land as a
productive asset began to concentrate in fever hands which led to the decrease in
the

percentage

of

cultivators

and

increase

of

agricultural

laborers.

Traditionally, rice being the staple crop grown in the region and almost 70% of
the total area used under paddy cultivation customary they are reluctant to go for
commercial crops such as HYVFG (High Yielding Variety Food Grains) other than
the rice, which fetch them little extra money. However, an attempt was made to
analyze the through the FGAs and it was observed that they are reluctant to
change because firstly these people are not so ambitious by nature, which make
them happy in a hand to mouth earning system, secondly they have a
strong( son of the soil) belief to be with nature, closely attached with their place
of origin, last but not the least related reason was observe i.e. there is a strong
correlated between their lathering attitude and a huge (90 percent) financial
assistant received from the Central Government.

Educational

Status

of

Garos

Education is a key strategy for bringing about the changes necessary to ensure
socio, cultural, economic development as well as environmental protection in
terms of societies prospective. Many research studies in recent times have made

strong case for more investment in basic education considering the fact that
majority of the worlds poorest people being illiterates and those children not
attending school, live in rural areas. Hence, Government of India flagships the
Universal Education Policy, considering the importance of education for rural
people,

as

crucial

step

to

achieve

the

human

goals.

In order to know the educational level among the Garos tribe full enumeration of
village was done and it was found that only seven people were studied up to
secondary level, twelve were up to middle and eleven of them were up to
primary, were as remaining sixty six were illiterate. However, the factors
responsible for high illiteracy, late school enrolment, and the prevalence of high
dropouts rates and the lack of interest in the modern education and reasons are

as

follows:

Large numbers of villages in this region are yet to be provided schooling

facilities.

Majority

of

Lack

of

the

teachers
efficiency

in

this

from

region
the

are
system

untrained
side.

Lack of civic amenities in the school building (Class rooms, drinking water)
The striking feature is the school timing only 3 hours i.e. 7.00 A.M. to 10.00
A.M.
Parent cited the reason not enrolling their younger siblings unless until they
grow

old

to

manage

Socio-Cultural

independently.

Status

Unlike numerous other tribes in India who practice their own good old traditional
culture till today in their day today life, the Garoe were no different from those.
The tribes had been accustomed with modern formal education system, which
successfully complemented them in the arts of material and non-material cultural
life

to

be

with

the

main

stream

of

India.

It was gathered from their opinion i.e. basically these tribes love to be with
nature, isolated themselves from the crowd and prefer to be autonomous.
Moreover, because of their arrogant nature, they feel reluctant to obey any ones
orders

rather

prefer

to

be

like

free

bird.

Customary, Garos had a system called Nokpante means bachelors dormitory. It

is a place where veteran men instructed youngsters in a range of competencies
pertaining to agriculture hunting, medicine house building carving of wood for
artistic and utilization purposes, social properties and the subtler points of religion

and

rituals.

However, it is true that socio-economic realities in these hills have undergone

several changes and host of new aims and skills can be inculcated only by getting
modern education which is per-requisite for survival every human being in todays
digital

society.

Culturally, all the young boys and girls must stays in the bachelor dormitories to
learn the tricks of Grihast Ashrama, above all not only they have a tradition of
selecting their life partners and later they inform their respective parents about
their love affairs. In return both sides parents, usually women keeps track of their
childrens dating proudly agree to arrange their wedding on a condition that both
should

prove

to

be

capable

of

becoming

father

and

mother.

As far as religious belief is concerned these tribal people hardly had any faith in
religion rather it was interesting to know that they were nastik. Normally, this
tribe is a homogeneous by nature that reflects in their day-to-day business by
practicing

awareness

about

the

outer

world.

Instead of Panchayati Raj each village had a council, headed by the Mukhiya
calleld Nokma who usually perform the inaugural rituals of cultivation by cutting
a tree in the field and prefer to saw the dream till three nights. If Nokma see a
bad dream it means leave the current field and search four new field for
cultivation.
The other importantly finding was Garos do not have the gender bias among
them, but continuing their tradition hunting in general and head hunting in
particular exhibiting their very character now and then to prove their manliness.
The common and regular festivals are those connected with agricultural
operations. Greatest among Garo festivals is the Wangala, usually celebrated in
October or November, is thank-giving after harvest in which Saljong, the god who
provides mankind with Natures bounties and ensures their prosperity, is honored.
Other

festivals

are

Galmak

Doa,

Agalmaka,

etc.

Group songs may include Kudare sala, Hoa ringa, Injoka, Kore doka, Ajea,
Doroa, Nanggorere goserong, Dim dim chong dading chong, Serejing, Boel sala
etc. Dance forms are Ajema Roa, Mi Sua, Chambil Moa, Dokru Sua, Chame
mikkang nia, Kambe Toa, Gaewang Roa, Napsepgrika and many others.

NGOs

working

for

their

welfare

in

this

area

According to my research and findings, there are no such registered NGOs

working the upliftnment and wefare of this scheduled tribe in Amingokgre village,

Tura District of Meghalaya State. Mostly Garos are dependent on Governmental

aids, schemes and welfare plans. Government also has not been fully devoted for
their welfare; their plans have prove to be in sufficient to these tribal people.
Suggestion

&

Recommendation

Studying the above collected status of Garo tribe in Amingokgre village, Tura
District of Meghalaya State, it suggests to me that lack of education facility and
awareness is the foremost problem for the Garos. Large numbers of villages in
this region are yet to be provided schooling facilities. Trained teachers should be
employed, civic amenities like drinking water, school building, etc should be
provided. Parents should be encouraged to send their children to school even at
very

primary

ages.

Secondly, there should be transition from shifting cultivation to systems of

cultivation, which are more in tune with modern economic, environmental and
demographic realities, which is smoother and less painful. Even those who have
given it up still live with its cultural rituals and technical legacies. The transition
from Jhuming (or bewal or podu as it is known in various regions) to other
patterns has

been

very

traumatic for

these

communities.

However, the

observations made during the study was the Jhum-Cultivation System does has
the strong hold on the socio-cultural, economic and educational status of Garo
strive till today and this vicious cyclic system enabling them to access the modern
available

opportunity

as

well

as

proper

utilization

of

them.

Thirdly, there should be a proper governmental body, like, Panchayati Raj to

govern the village for smooth and proper functioning of the administration in the
villiage.
Thus, the need of the day is to, well equipped the tribes in terms of basic
education i.e., awareness + knowledge = better utilization which is a prerequisite for building up a self secure individual who not only being actively
participate in community development but also in the development of whole globe
as a village.

CONCLUSION

The pertinent question therefore is where do the marginalized groups stand

today? Though there has been some improvement in certain spheres and despite
some positive changes, the standard of living for the marginalized communities
has not improved. Therefore, what Minimum needs to be done?

Improved

Access

to

Agricultural

Land-

The reasons for the high incidences of poverty and deprivation among the
marginalized social groups are to be found in their continuing lack of access to
income-earning capital assets (agricultural land and non-land assets), heavy
dependence on wage employment, high unemployment, low education and other
factors.
Therefore, there is a need to focus on policies to improve the ownership of
income-earning

capital

assets

(agriculture

land,

and

non-land

assets),

employment, human resource & health situation, and prevention of discrimination

to ensure fair participation of the marginalized community in the private and the
public sectors.

Active

Role

of

the

State

in

Planning-

It is necessary to recognize that for the vast majority of the discriminated groups,
State intervention is crucial and necessary. Similarly, the use of economic and
social planning as an instrument of planned development is equally necessary.
Thus, planned State intervention to ensure fair access and participation in social
and economic development in the country is necessary.

Improved

Access

to

Capital-

The poverty level among the SC and ST cultivators is 30% and 40% respectively,
which is much higher compared with non-scheduled cultivators (18%). Similarly,
the poverty incidences of those in business is very high 33% for SC and 41% for
ST compared with only 21% among non-scheduled businesses. The viability and
productivity of self-employed households need to be improved by providing
adequate capital, information, technology and access to markets. It is a pity that
though the STs do own some land, they lack the relevant technological inputs to
improve the productivity of their agriculture.

Improved

Employment

in

Public

and

Private

Sectors-

There is a need to review and strengthen employment guarantee schemes both in

rural and urban areas, particularly in drought-prone and poverty-ridden areas.
Rural infrastructure and other productive capital assets can be generated through
large-scale employment programmes. This will serve the duel purpose of reducing
poverty and ensuring economic growth through improvement in the stock of
capital assets and infrastructure.

Education

and

Human

Resource

Development-

Firstly, lower literacy/level of education and the continual discrimination of SC/STs

in educational institutions pose a major problem. The government should take a
second look at the Education Policy and develop major programmes for
strengthening the public education system in villages and cities on a much larger
scale than today. There is a necessity to reallocate government resources for
education and vocational training. For millions of poor students located in rural
areas, the loan schemes do not work. We should develop an affordable, uniform
and better quality public educational system up to the university level. Public
education system is our strength and needs to be further strengthened.
Promotion of such private education systems that creates inequality and hierarchy
should be discouraged.

Food

Security

Programs-

The public distribution system should also be revived and strengthened. In

distributing Fair Price Shops in villages, priority should be given to the SC/ST
female and male groups, as a number of studies have pointed out that they are
discriminated upon in the Public Distribution System and in Mid-day Meal
schemes.

Public Health System-

The public health system in rural areas has also been by and large neglected.
Therefore, the primary health system for rural areas and public health system in
urban areas must be revived and more funds should be allocated for the same.

Untouchability

and

Discrimination-

The practice of untouchability and the large number of atrocities inflicted on Dalits
continue even today mainly because of hidden prejudices and neglect on the part
of officials responsible for the implementation of Special Legislations; i.e. the
Protection of Civil Rights Act (PCRA) and the Prevention of Atrocities Act (POA).
The Government should make a meaningful intervention in this regard so as to
mitigate the sufferings of Dalits due to practice of untouchability and atrocities
inflicted upon them and should also treat this matter on a priority basis to ensure
that the officials and the civil society at large are sensitized on this issue.
Highlights of Social Security Legislation in India

In her drive to provide protection to the needy workers, the Government of India has
made the various enactments from time to time.
The important among them are:
1. The Workmens Compensation Act, 1923
2. The Employees State Insurance Act, 1948
3. The Employees Provident Funds and Miscellaneous Provisions Act, 1952
4. The Maternity Benefit Act, 1961
5. The Payment of Gratuity Act, 1972
The social security provisions in these Acts are now briefly outlined as under:
1 .The Workmens Compensation Act, 1923:
This Act is the first planned step in the field of social security in India. The main objective
of the Act is to ensure compensation to workers for accidents occurred during the course
of employment. The main features of the Act are as follows:
Coverage:
This act covers workers employed in factories, mines, plantations, mechanically propelled
vehicles, construction works, railways, ships, circus and other hazardous occupations
specified in schedule II of the Act. It does not apply to the Armed Forces, casual workers
and workers covered by the Employees State Insurance Act, 1948.
Administration:
The Act is administered by the State Government by appointing commissioners for this
purpose under Section 20 of the Act.
Benefits:
Under this Act, compensation is payable by the employer to the workman for all personal
injuries caused by industrial accidents which disable him/her for more than three days.
In case of the death of workman, the compensation is paid to his/her dependents. The
Act also Specifies that in case a workman contracts any occupational disease, which is
specified in its third schedule, such disease shall ordinarily, be treated as an employment
injury arising out of and in the course of employment.
The compensation is paid depending upon the type of injury. In case of permanent total
disablement, the rate of compensation varies between Rs.60, 000 to Rs.2.74 lakhs. In
case of partial disablement, compensation at the rate of 50 per cent of wages is payable
for a maximum period of 5 years.
There is no age limit to the coverage of the Act. In case of injuries causing death, the
rate of compensation varies from Rs.50, 000 to Rs. 2.28 lakhs depending upon the
salary and age of the worker at the time of his/her death.
The employer is under obligation to make the payment of compensation within one
month from the date on which it falls due. In case of default in paying the compensation

due under the Act, the commissioner may direct for recovery of the amounts of arrears
with interest @ 12% p.a. on the amount due. If, in the opinion of the commissioner,
delay is without convincing justification, a runner due not exceeding @ 50% of such
amount by way of penalty may also be recovered from the employer.
2. Employees State Insurance Act, 1948:
The main object of this Act is to provide social insurance for workers. It is a contributory
and compulsory health insurance scheme that provides medical facilities and
unemployment insurance to industrial workers for the period of their illness.
Following are main features of this Act:
Coverage:
The Act covers all workers (whether manual, supervisory or salaried employees) whose
income do not exceed Rs. 6,500 per month and are employed in factories, other than
seasonal factories which run with power and employ 20 or more workers. The State
Government can extend the coverage of the Act with the approval of the Central
Government.
Administration:
The Act is administered by the Employees State Insurance (ESI) Corporation, an
autonomous body of 40 persons consisting of representatives of the Central and State
Governments, employers, employees, medical profession and the parliament.
Benefits:
Under this Act, an insured is entitled to receive the following types of benefits:
(i) Medical Benefit:
An insured or a member of his/her family requiring medical help is entitled to receive
medical facility free of charge in a hospital either run by the ESI Corporation or by any
other agency.
(ii) Sickness Benefit:
An insured worker in case of certified sickness is entitled to receive cash payment for a
maximum period of 91 days in any continuous period of one year. The daily rate of
sickness benefit is calculated as half of average daily wages. The insured worker should
be under medical treatment at a dispensary of other medical institutions maintained by
the corporation.
(iii) Maternity Benefit:
An insured woman is entitled to receive cash payment calculated at a full average wage
for a period of 12 weeks of which not more than 6 weeks shall precede the expected
date of her confinement.
(iv) Disablement Benefit:

This benefit is entitled to insured worker in case of industrial accidents and injury. In
case of temporary disablement, the worker is paid 70 per cent of wages during the
period of disablement. In case of permanent partial disablement, the insured individual is
entitled to a cash benefit for life to be paid as a percentage of the full rate. In case of
permanent total disablement, 70 per cent of the wages is paid as monthly pension to the
worker for life.
(v) Dependents Benefit:
This benefit is available to the dependents of a deceased worker due to industrial
accident or injury. The rate of benefit differs depending upon the relationship between
the deceased and the dependents. For example, the widow of the deceased will receive
during her lifetime of until remarriage, an amount equivalent to three-fifth of the full
rate. Every dependent son receives two-fifths of the full rate till he reaches to the age of
15 years. Every dependent daughter gets the same amount till she reaches to 15 year or
until marriage, whichever is earlier.
Since its inauguration in October 1948, the ESI Corporation has 129 ESI hospitals with
23,690 beds, 43 ESI annexes and 1,450 dispensaries including mobile dispensaries and
66.13 lakhs employees had received benefits as on 3December, 1998. During a single
year 1997-98, the Corporation had distributed Rs.932 crores by way of sickness benefits,
maternity benefits, temporary and permanent disablement benefits and dependents
benefit.
3. The Employees Provident Funds and Miscellaneous Provisions Act, 1952:
The main object of this Act is to afford the retired workers financial security by way of
provident fund, family pension, and deposit linked insurance. The Act is characterised by
the following features:
Coverage:
The Act covers workers employed in a factory of any industry specified in Schedule 1 in
which20or more workers are employed or which the Central Government notifies in its
official Gazette. The Act does not apply to co-operative societies employing less than 50
persons and working without the aid of power. It also does not apply to those new
establishments till they become 3 years old.
Administration:
The Act is administered by Tripartile Central Board of Trustees represented by employers,
employees and the Government.
Benefits:
The Act provides 3 (Three) types of benefits:
(a) Provident Fund:
Under this benefit, an employee can avail non-refundable withdrawal or take advances
from the Provident Fund Account for various purposes. On superannuation, the employee
gets the full balance at his credit with interest.
(b) Pension:

Under the new pension scheme which has come into force from 16-11 -1995 replacing
the 1971 scheme, several types of pension are available to an employee and his/her
dependents.
(c) Deposit Linked Insurance:
Under the deposit-linked insurance scheme, an amount equal to the average balance in
the Provident Fund Account of the deceased employee during the preceding one year
subject to a maximum of Rs.35, 000 is granted to his/her nominee/legal heir.
4. The Maternity Benefit Act, 1961:
The main object of this Act is to regulate women employment in industrial
establishments for certain specified period before and after childbirth.
Coverage:
The Act is applicable to all establishments not covered under the Employees State
Insurance Act, 1948.
Administration:
The Act is administered by the Employees State Insurance (ESI) Corporation.
Benefits:
Under the Act, a woman worker is entitled to receive the payment for maternity benefit
at the rate of average daily wages for a total period of 12 weeks. With effect from
1stFebruary 1996, a woman worker is entitled to grant of leave with wages for a
maximum period of one month in cases of illness arising out of MTP or tubectomy.
Women workers who will undergo tubectomy operation will get two weeks leave.
5. The Payment of Gratuity Act, 1972:
The object of this Act is to provide economic assistance on the termination of an
employee.
Coverage:
The Act is applicable to the employees employed in factories, mines, oil fields,
plantations, ports, railways, companies, shops or other establishments employing 10 or
more persons.
Administration:
The act is administered by a controlling authority appointed by the appropriate
Government
Benefits:
Under this Act, on completion of 5 years of service, the employees are entitled to
gratuity payable at the rate of 15 days wages for each completed year of service subject
to a maximum of Rs. 3.5 lakhs with effect from September 1997. The wage ceiling has
been removed with effect from 24th May, 1994.

"Poverty Law" Legal Aid Services

In this chapter we discuss the issue of poverty legal aid services. Included in this chapter
will be an analysis of the unique nature of poverty law needs and the context in which
those needs are addressed currently. By necessity, much of this chapter analyses the
role of community clinics. More specifically, this chapter contains a detailed discussion of
the legislative mandate to deliver poverty law services, community governance, clinic
accountability, the relationship of the community clinic system to the larger legal aid
system, clinics' scope of services, and gaps in poverty law coverage. The final section of
this chapter makes recommendations on each of these subjects.
THE NATURE OF POVERTY LAW AND THE NEED FOR POVERTY LAW SERVICES
The term poverty law describes the broad areas of law and legal needs which arise by
virtue of an individual's or a group's poverty. As the Honourable Mr. Justice Osler noted
in his 1974 Report of the Task Force on Legal Aid, "the poor have many problems
peculiarly their own ... [The poor] are tenants not landlords, debtors not creditors,
purchasers not vendors". In general, the legal needs of the poor have traditionally
included housing law; income-maintenance law (including employment insurance, the
Canada Pension Plan, welfare, family benefits, and workers' compensation); work-related
issues (including employment standards, and occupational health and safety); and
consumer and debt problems.
The interpretation of the complex and frequently changing statutory and regulatory
schemes in these fields often requires legal assistance. For many reasons, poverty law
cases do not fit into "traditional" legal models. Unlike much civil litigation, poverty law
cases often involve what seems like very little money. Unlike criminal law cases,
immediate loss of physical liberty is rarely a consequence of an unsuccessful poverty law
proceeding. Unlike most "traditional" legal proceedings, most poverty law matters
involve proceedings before government bureaucracies or administrative tribunals, not
courts.
Despite these differences, poverty law matters are often of overwhelming significance to
the individuals and groups affected. For example, despite the comparatively small sums
involved in poverty law proceedings, those amounts can constitute a large proportion of
a low-income person's earnings. The resolution of a poverty law issue may have serious
consequences for the ability of persons to feed, clothe, and shelter themselves and their
dependants. Indeed, for these reasons it is sometimes argued that poverty law legal aid
services are of greater importance to the economically disadvantaged than are criminal
or family law legal aid services. As the National Council of Welfare reports, most lowincome people "have never been, and probably never will be, in trouble with the
[criminal] law", whereas the network of civil laws governing most aspects of their
everyday lives create a large (and largely unmet) need for legal advice and assistance.
Many poverty law clients also possess special characteristics which give rise to specific
needs and demand specific responses. In the "traditional" practice of law, a client
identifies his or her own legal need, brings a problem to the lawyer, and instructs the
lawyer as to his or her wishes. By way of contrast, the economically disadvantaged often
lack information about their rights and entitlements. They may also be unable to bring

forward their legal claims because of the destabilization of their lives by abuse or
homelessness, or because of their illiteracy, lack of education, the discrimination they
suffer in their day-to-day lives, or the fact that they often do not speak English or French
as a first language, if at all.
CONTEXT
In Ontario, poverty law legal aid has been delivered largely, although not exclusively, by
community legal clinics. There are currently seventy such clinics in Ontario, serving more
than one hundred communities. Within this number, there are two main categories of
clinics: general clinics and specialty clinics. Fifty-six clinics are general-service clinics,
offering services in core areas of poverty law practice. Depending on their location,
general clinics may also offer services tailored to specific communities including FrancoOntarians (e.g., Clinique juridique populaire de Prescott et Russell) and Aboriginal
peoples (e.g., Keewaytinok Native Legal Services).
Fourteen clinics specialize in a particular area of law or in the legal needs of a specific
client group. Examples of specialty clinics include the Advocacy Centre for the Elderly,
the Advocacy Resource Centre for the Handicapped, Justice for Children and Youth, the
Centre for Spanish-Speaking Peoples, Aboriginal Legal Services of Toronto, and the
Canadian Environmental Law Association. Ontario also has three clinics that are affiliated
with university law schools in the province: the Correctional Law Project (Queen's
University), Legal Assistance of Windsor (University of Windsor), and Parkdale
Community Legal Services (Osgoode Hall Law School). The Plan also funds six student
legal aid societies, which are not formally considered part of the community clinic
system.
Clinics generally provide the following services:

summary advice and legal information within clinic areas of practice;

referrals to social service and community agencies, lawyers in private practice,

and the Plan;

client representation before courts and administrative tribunals, including

Landlord and Tenant Court, the Workers' Compensation Appeals Tribunal, the
Social Assistance Review Board, tribunals dealing with Canada Pension Plan and
employment insurance matters, and the Criminal Injuries Compensation Board;

public legal education, including seminars, workshops, presentations, and the

production of pamphlets and videos in many languages;

initiatives aimed at protecting and promoting the legal interests of the low-income
community, including broad-based litigation; participation on government task
forces and advisory bodies; and appearances before municipal councils, legislative
committees, and public commissions and inquiries; and

community projects which assist clients to form self-help groups focused on lowincome issues.

In fiscal year 1996, clinics carried 37,097 files, provided summary advice in 147,636
matters, made approximately 70,000 referrals, conducted 2,055 public-information

sessions (reaching more than 72,000 people), and presented 792 briefs or submissions.
These statistics must be used cautiously, however, as it is more difficult to summarize
clinic program services than certificate program services. Simple case totals may not
reflect the relative complexity or impact of a single case. One clinic may be involved in
several law-development initiatives, another in high-volume advisory services.
In fiscal year 1996, the clinic system cost a total of $32.5 million, just slightly more than
10 percent of the total legal aid budget of $315.6 million. Clinics have always operated
under capped budgets, and their funding has been frozen since fiscal year 1993.
Clinics are not-for-profit corporations, managed by volunteer boards of directors who are
responsible for clinic administration, personnel management (boards are the employers
of the staff of each clinic), financial management, the determination of legal services to
be provided (both the choice of areas of law to be dealt with and the methods or
strategies to be used), and the evaluation of services. The day-to-day management of
each clinic is the responsibility of the Executive Director (a member of the staff). As
noted in chapter 3, clinics are staffed by lawyers, community legal workers, and
administrative staff.
The practices of most geographically-based clinics are heavily weighted towards the
areas of income maintenance, housing, and consumer problems-those areas of law
which impact pervasively upon the lives of the economically disadvantaged. The practices
of several clinics, the "specialty" clinics in particular, often address a range of other legal
issues of particular significance to their communities. Individual case work is the
predominant activity of most clinics.
As noted above, the Clinic Funding Committee (CFC) operates independently from the
Legal Aid Committee, with a separate budget and separate administration. This
framework was considered necessary to promote and protect the unique mandate of
community legal clinics. The day-to-day carriage of CFC functions, including decisions in
the first instance with respect to funding is undertaken by clinic funding staff (CFS).
Appeals on initial funding decisions made by the CFS are to the CFC.
The CFC also provides services that directly support the work of clinics. The CFC funds
regular regional training sessions and supports the work of interclinic committees
designed to coordinate services in the fields of social assistance, housing, and workers'
compensation law. The CFC also funds the Clinic Resource Office (CRO), a small office
that provides clinics with legal research and strategic legal advice, produces and
maintains a poverty law data base of materials otherwise difficult to obtain, provides
advisory support to interclinic committees, acts as a clearinghouse for the most recent
information on relevant substantive law and clinic activities, and contributes to clinic
training and continuing legal education.
Given the historic lack of private lawyers practising in the poverty law, clinic lawyers
and legal workers remain the most significant group of practitioners in Ontario with
expertise in this area of law.
Over the two decades of their operation, some clinics have offered limited services in
criminal law, family law, and other civil matters on an exceptional basis. However, such
assistance has generally been provided only where clients have little access to other
legal services, primarily in remote areas.

Several other jurisdictions deliver services using models similar to Ontario's community
clinics, including British Columbia, Quebec, Australia, and England and Wales.
CURRENT LEGAL NEEDS
The determination of current legal needs in the field of poverty law is a complex
undertaking. Unlike more "traditional" fields of legal practice, it is difficult to calculate
current needs based only on measures such as expressed demand or numbers of
unrepresented litigants. This is the case because many potential poverty law clients are
either unaware of their rights or unable to act upon them.
In simple terms, it is clear that the need for core-area poverty law services is increasing.
Unemployment and underemployment increase demand for both government benefit
programs and poverty law services. Increases in the numbers of people living in poverty,
such as sole-support families, the disabled, the elderly, and homeless persons, also
increase demand for poverty law services, as do reductions in other community services
which help the disadvantaged.
One obvious unmet legal need for poverty law services is demonstrated by the clinic
system's lack of geographic coverage across the province. The original plan for the clinic
system was to make general-service clinics available in all parts of the province. At
present, however, much of the population of the province is without clinic services,
including the communities of Lindsay, Guelph, Owen Sound, Brockville, Stratford, and
Parry Sound.
Commentators have also noted increased requests for "traditional" legal aid services
within community clinics, presumably because of the reduction in the number of
certificates issued in these areas. Frederick Zemans and Patrick Monahan surveyed four
clinics across the province and noted that many more requests for summary advice in
family law have been recently been received by the clinics. Bogart and Meredith, in their
study for the Review, found that many clinics are experiencing a significant increase in
requests for assistance in family law matters from people who have either been denied a
certificate or been discouraged from applying for one. Some clinics have responded by
providing summary advice; others by creating self-help kits and pamphlets; and still
others by conducting workshops with the assistance of the private bar.
As in other areas of legal aid services, the failure to provide poverty law legal aid
services has costs. As the Advocacy Centre for the Elderly notes in its submission to the
Review:
... if legal services are not available, the potential costs to the community are high as
failure to resolve a problem dealing with basic rights may contribute to other problems,
leading to a snowball effect, with additional human and financial costs for resolution or
an escalation of dependency of that person on public systems".
DISCUSSION AND PROPOSAL
It is widely acknowledged that community legal clinics are best suited to deliver poverty
law services. This conclusion has been confirmed by numerous independent studies on
this subject, including the 1974 Osler Report; the 1978 Grange Report; the 1987
Canadian Bar Association report, Legal Aid Delivery Models: A Discussion Paper; the
1992 Review of Legal Aid Services in British Columbia; and the 1997 report by Osgoode

Hall Law School Professors Frederick Zemans and Patrick Monahan, From Crisis to
Reform: A New Legal Aid Plan for Ontario.
We have come to the same conclusion. Indeed, the community clinic model meets many
of the goals we have identified for the larger legal aid system. The community clinic
system can run on a capped budget; it works to understand and respond to individual
and community needs; it utilizes lawyers, non-lawyers, public legal education initiatives,
and other delivery systems in order to deliver services cost-effectively; it prioritizes
needs and attempts to meet them strategically; it has developed linkages to nonlegal
service providers; and it has recently adopted a quality-assurance program.
Subject to the discussion below, we have concluded that the community clinic model is
the most appropriate to deliver poverty law services and that independent community
governance is integral to that model. We strongly support the continuation and
expansion of the current clinic system and propose only discrete reforms designed to
make the current system function more effectively.
We believe that the clinic system should meet the same high standards we would require
of the other components of the legal aid system. Our goal in this area is to propose
reforms which will lead to an enhanced clinic system capable of delivering a wide range
of accessible, cost-effective, high-quality services in furtherance of its mandate to
providepoverty law services. In order to achieve this goal, the clinic system should
improve its overall planning capacity and be able to be more fully coordinated with, and
accountable within, the larger legal aid system. Clinics themselves should be governed
by skilful, responsive, and responsible boards of directors who are well versed in the
identification, prioritization, and meeting of local needs. In furtherance of these
responsibilities, boards of directors should be assisted by a number of central supports.
The proposals and recommendations that follow address each of these substantive
issues.
We stress that our recommendations in this field must be supported by the adoption of
our recommendations for criminal and family law legal aid services (in chapters 9 and
10) and by adequate funding for the system as a whole (in chapter 14). We strongly
believe that the success of community clinics-and ultimately of the poverty law mandate
itself-can be assured if low-income Ontarians have access to a broad range of highquality criminal law and family law services provided by other parts of the legal aid
system. In the absence of these services, there is likely to be considerable pressure on
legal aid administrators and their funders to divert clinic funding to provide these
services or to pressure clinics to provide them. The former would directly take resources
from a key area of need; the latter would indirectly have the same effect-clinics would be
overwhelmed by demand for these services, which, in turn, would threaten the provision
of poverty law services at the local level.
Within this context, it is important to determine which administrative unit within a
renewed legal aid authority will review clinic operations and determine their
effectiveness. This unit-which will ultimately be charged with making decisions about the
funding and de-funding of clinics, evaluating the performance of the clinics, and working
to facilitate system linkages and supports-must have a thorough knowledge of clinics,
their mandate, and the conditions necessary for their effective functioning. The need for
expertise in this area suggests strongly the establishment of a separate unit that is

linked to the central administration of any provincial legal aid authority. This subject is
discussed later, in chapter 15, on governance.
That said, we have identified a number of issues which need to be addressed in the
context of our analysis of the entire legal aid system in Ontario. These issues include:

legislative mandate;

community governance;

accountability to the funder;

the integration of community clinics into the larger legal aid system;

clinics' scope of services, including whether they should provide assistance in

family, criminal or immigration matters; and

the completion of the community clinic system.

LEGISLATIVE MANDATE
At present, the Legal Aid Act does not specifically require the Plan either to fund clinics
or to provide poverty law services. Rather, the legal authority to fund clinics and
undertake such services resides in the Clinic Funding Regulation.
Given the central importance of these services to low-income Ontarians, we believe that
the legal aid system should be statutorily mandated to provide poverty law services. The
current Clinic Funding Regulation is sufficiently flexible to permit the recognition of
diverse and changing poverty law needs. Subject to limited fine-tuning, the Regulation's
language would appear to be an appropriate basis for a statutory poverty law mandate.
COMMUNITY GOVERNANCE
The issue of community governance is of fundamental importance to the mandate and
operations of the community clinic system and the delivery of poverty law services.
Besides having obvious implications for the legal and operational structure of community
clinics, the resolution of the community governance issue has consequences for a series
of related issues, including clinics' accountability to their funder, the mandate and role of
the Clinic Funding Committee, regionalization, and the relationship of the clinic program
to other legal aid services.
Community-elected boards have historically been important in ensuring independence
from both the Plan and the provincial government; in assisting the clinic in identifying
and prioritizing community needs; in ensuring accountability to their communities for the
nature and quality of services provided; and, through their board members, in providing
vital linkages to other community services.
Based upon our extensive consultations across the province and on our review of the
dozens of submissions we have received on this topic, we are satisfied that community
boards do and should continue to discharge these functions. We have concluded that
there is a great deal of evidence that community boards ensure responsiveness to local
community needs.

Information about the needs of the community and priorities within the community
comes to boards through a variety of avenues: reviews of demand for services (statistics
and staff analysis of trends); assessments of legislative or policy changes; consultations
with community agencies; board members and staff; strategic planning sessions; client
questionnaires; information and service requests from other agencies; assessments of
community growth and demographics; consultation through special committees; and
formal needs assessments of the community. The Advocacy Resource Centre for the
Handicapped, for example, periodically surveys its membership "about the legal priorities
of the constituencies each represents. Results are distributed and form the basis for
discussion at 'priorities days' at which the membership meets and makes decisions which
direct our work for the coming year".
Thus, community boards are able to fulfil many of the principles that we believe are
important to the design of a governance regime: needs assessment, priority-setting,
accountability, quality assurance, independence from government, innovation and
experimentation, and cost-efficient delivery of services. As a result, we have concluded
that independent community boards are an important component of the communityclinic model and are essential to the delivery of poverty law services in Ontario. Well-run
independent community boards are an important bulwark protecting the independence of
clinic operations and are an invaluable tool for identifying and prioritizing local needs
within a capped budget.
Our consultations have revealed, however, that the current operation of some community
boards could be improved. For example, many boards appeared to digress from their
role as "governing" bodies into the day-to-day management of clinic operations. Some
boards lack the detailed skills required to address the full range of clinic issues, be they
strategic planning, personnel management, or financial policies. It is also apparent that
some clinics are more successful than others in recruiting and involving the
disadvantaged in community boards. This consideration is particularly important, given
that low-income earners bring undeniable expertise to the work of a community legal
clinic.
On the basis of our review, we have identified several areas for improvement. In this
discussion, we propose reforms which we believe will strengthen the existing community
governance model.
Our first proposal reflects the need to improve training for all community clinic board
members. Board training has always been considered a priority by administrators, board
members, and clinic staff. In the new legal aid system we recommend, the unit of the
legal aid authority responsible for clinics should make training a significant priority for all
community boards.
The legal aid authority should retain responsibility for training in areas of concern to all
clinics, such as issues relating to the delivery of services and personnel management.
Individual boards themselves must assume responsibility for training on issues of local
importance. Whether clinics choose to do this individually, regionally, or in conjunction
with the boards of other community agencies would depend upon the size of the board,
its training objectives, and the resources available to it.
Many boards have constituted "board development committees" in order to support
ongoing board training. In order to be successful, board training must be accessible to

people with a variety of educational backgrounds and should attempt to include cultural,
race, and ethnic issues in order to ensure that needs can be properly understood and
priorities can be set fairly.
In addition to assistance with training, there are other measures which could be put in
place to improve board performance. In their recent Operational Review of the clinic
system, Corlett and Associates found that board members were anxious to share
information with one another-to learn best practices-but that there are few forums for
accessing and sharing solutions. Corlett and Associates reported that "there are an
astonishing number of creative solutions to common problems in the system...we are
convinced that somewhere in the system a clinic has found a solution to every possible
problem". As a result, the Operational Review argued strongly for the creation of
additional infrastructures to support the work of the community boards, supports which
could improve client services without threatening the independence of clinics.
We share this conclusion, and we recommend that the unit of the legal aid authority
responsible for clinics develop systems of support for community boards, including
assistance in the areas of fiscal management, labour relations, conflict resolution, and
technical support. This unit must also facilitate the development of board "best
practices", mentoring opportunities, access to experts, and improved communication
among community boards.
ACCOUNTABILITY TO THE FUNDER
This topic is closely related to the next one-community clinic integration within the larger
legal aid system.
It will be recalled that an integral component of the governance framework proposed in
the Grange Report was the requirement that community clinics be accountable for the
expenditure of public funds. The Clinic Funding Regulation was designed to assure
autonomy and independence for the clinics in matters of policy and administration while
preserving accountability for the expenditure of public funds.
Within the clinic system, accountability issues are sometimes controversial. Matters of
financial accountability are relatively straightforward: the CFC currently requires and
receives financial reports and financial audits. On the other hand, many clinics have
historically objected to measures designed to analyze "operational" accountability
(including quality of services, and responsiveness to communities). Despite these
reservations, the clinic system has historically been much more proactive in assessing
and monitoring the quality of legal aid services than other components of the legal aid
system. For example, in 1987 the CFC developed Clinic Performance Evaluation Criteria.
These criteria have recently been supplanted by a new clinic "Quality Assurance
Program".
We recommend that the clinic's "Quality Assurance Program" be pursued vigorously. We
also believe that the clinic system must continue its current efforts to regularize data
collection across the province. We also recommend that individual clinics and the clinic
system generally must significantly improve their ability to plan strategically. (This
recommendation is discussed in more detail below.) These efforts will go a long way to
continuing to assure the clinic system's accountability for the use of public funds.
COMMUNITY CLINIC INTEGRATION WITHIN THE LARGER LEGAL AID SYSTEM

In an era of capped funding, it is important to be able to coordinate all legal aid services
in order to allocate resources in the most effective and efficient manner possible. During
the era of open-ended funding of certificates, the need to coordinate services among
clinics and/or between the clinic system and the rest of the legal aid system was
comparatively limited. In the event of a "gap" in clinic coverage, an applicant could apply
for a certificate and could, in many instances, receive legal aid assistance.
The question of clinic integration has two dimensions. The first is whether clinics
effectively coordinate their services and resources among themselves. The second is
whether clinic services and resources are effectively coordinated with other components
of the legal aid system. Based upon our consultations across the province, we have
concluded that clinic services and operations could be coordinated more effectively in
both dimensions.
Within the clinic system itself, there are several structures or measures which serve to
coordinate resources and services, including the Clinic Funding Committee and clinic
funding staff; the Clinic Resource Office; specialty clinics (including, but not limited to,
Community Legal Education Ontario); regional and interclinic working groups; and a
range of collective activities initiated by clinics themselves, including the recently
founded Provincial Association of Community Legal Clinics.
These activities and programs are important in and of themselves, but more could be
done. For example, many clinics coordinate many services among themselves only on a
informal or an ad hoc basis. Our consultations confirmed Corlett and Associates earlier
finding that many opportunities for sharing of resources and information are missed
because of a lack of communication. More important, there is no regular process for
setting strategic directions for the clinic system as a whole: even though many individual
clinics have excellent strategic-planning processes, the overall system does not. In the
past, geographic gaps in clinic coverage and limited resources have militated against
individual clinics' seeing themselves as components of a larger system. In the future, we
believe that much more effort would be appropriate in this area.
In a reformed legal aid system, it is clear that individual clinics, the clinic system, and
the overall legal aid system should, and could, coordinate their services much better
than at present. Our consultations revealed that Area Directors and clinic Executive
Directors were often unaware of the specific activities of each other's organization. As a
result, there was often distrust or misinformation about the other "side" of the legal aid
system. At the level of provincial administration, many observers told us that the Legal
Aid Committee and the Clinic Funding Committee could improve their communication and
coordination of services significantly.
Until recently, there was not a pressing need to coordinate the services of the certificate
program with those of the clinic program. As a result, each "side" of the legal aid system
became somewhat isolated from the other over the course of time. We believe that that
isolation must end if legal aid services are to be improved in Ontario. Indeed, many of
our recommendations on the subject of legal aid governance, identification of client
needs, priority-setting, and service-delivery innovations will significantly improve the
coordination of clinic and non-clinic services.
We believe the coordination of services between clinics and the clinic system and the
larger legal aid system would be significantly enhanced if individual clinics and the

overall clinic system initiated a multiyear strategic-planning process. The purpose of this
initiative would be to develop processes and programs that will enhance the ability of the
clinic system to provide poverty law services. Necessary components of this strategicplanning initiative would be an assessment of the current and likely future demand for
such services; an evaluation of the strengths and weakness of the system to meet that
demand; the development of programs or strategies designed to create or improve the
coordination of services and skills within the system; and the development of
performance measures against which the achievement of those objectives can be
assessed.
We would expect that the unit within the legal aid authority with responsibility for
overseeing clinics would also be responsible for facilitating the overall strategic-planning
process. In order to be effective, this process must involve both provincial and local
representatives, clients, and non-legal community-based organizations. Representatives
from local clinics and their communities must identify the legal needs of those
communities, draw attention to innovative and effective measures to meet those needs,
and identify areas where they need additional support. The Provincial Association of
Community Legal Clinics should play a vital role in this process.
Combined with a similar exercise in the areas of criminal, family, and other civil matters,
this process would go a long way to ensuring appropriate, needs-based, transparent
decisions by the central funding authority by providing an ongoing basis for evaluating
community needs and specific clinic funding requests. This process would also ensure
clearer coordination between the clinic system and other components of a legal aid
system. This process should also assist clinics within the same region, or providing the
same types of services, to improve the horizontal integration of their services.
At a local level, this planning process should be undertaken by each individual clinic. The
clinics which currently have excellent strategic-planning processes should be used as
models for those clinics whose planning is less successful. This local process must be
undertaken in conjunction with other legal aid service providers in the area. In the
context of capped funding, the legal aid system must comprehensively identify local
needs and coordinate services, as between alternative service providers. As a small step
towards this goal, we recommend that the Executive Director of each clinic sit on local
legal aid Area Committee, and that the local Area Director, or his or her designate, sit on
the board of directors of the local clinic.
SCOPE OF SERVICES
The broad scope of services provided by community clinics corresponds to the
multifaceted, needs-based, strategic, cost-effective services we envisage being utilized
by a reformed legal aid plan. Indeed, we believe that such a broad scope of services is
necessary for the system to operate effectively, as noted by the submission to the
Review of the Advocacy Centre for the Elderly:
[case representation] alone would not address the systemic issues that lead to the
individual client problems. Without public legal education initiatives, more client services
would be required. Without law reform activities, more money would be needed to
respond to client needs that arise from the impact of legislation and policy which creates
problems for many individuals. Without a comprehensive approach to these legal issues,
demand for individual representation would likely increase.

The more vexing question on this subject is whether or not clinics should be required, or
allowed, to deliver criminal law or family law services. In the historical evolution of the
legal aid plan, areas of practice were divided between judicare and the community
clinics. The certificate system provided criminal, family, immigration and refugee law
services; the clinic system provided poverty law services.
Our survey of clinic activities reveals that this traditional "division of labour" largely
remains to this day. We say "largely" because it is also clear that some clinics provide
limited services in all of these areas.
Clinic statistics show that the vast majority of criminal and family law service is in the
nature of summary advice. In 1996, clinics provided summary advice in 10,139 family
law cases (representing less that seven percent of clinic "summaries"). In the same year,
clinics opened 196 family law files (representing fewer than one percent of total new
files). These family law files were concentrated in a few clinics: Justice for Children and
Youth, Keewaytinok, Willowdale and East Toronto. In 1996, criminal "summaries"
represented 2.86 percent of the annual total. Most of this advice was provided by clinics
primarily serving Aboriginal populations: Aboriginal Legal Services of Toronto, Kenora,
Keewaytinok, Manitoulin, and also Justice for Children and Youth. Not including statistics
from the Correctional Law Project, which serves only those incarcerated, clinics opened
165 criminal law files in 1996. These files again were concentrated in a few clinics:
Justice for Children and Youth, Keewaytinok, and Kenora. The statistics show greater
clinic involvement in immigration law, with 822 files in 1996. Here, too, the work is
relatively concentrated; most clinics do not provide immigration and refugee law
services, some clinics provide a small amount, and a small number of clinics provide
substantial services. The Clinic Funding Committee submission to the Review concludes
that, "services in family, criminal, and general civil are generally provided only where
clients have little access to other legal services, primarily in remote areas, such as along
the James Bay coast".
Some clinics also address systemic criminal and family law issues. For example, several
clinics have begun to provide victim-witness supports to abused women, and in this role
have worked actively to improve the criminal justice system's response to wife abuse
(for example, working with local Crowns to provide information about conditions for bail
releases). Others have undertaken significant systemic work around policing and its
impact upon the populations they serve: the homeless, youth, blacks, psychiatric
survivors. Some clinics, particularly since the recent reduction in certificates, have begun
to provide an increasing number of services in the family law area: at least one clinic has
created a family law duty counsel clinic; others have begun to provide informational
sessions on family law.
With these statistics in mind, it is possible to imagine a limited role for clinics in the
delivery of criminal, family, or immigration and refugee law services, particularly at the
informational or systemic level, should an individual community board conclude that
these services represent an area of community need.
There are, however, many reasons why clinics should not assume a significant role in
direct client representation in criminal and family law matters: If clinics were required to
provide these services, community governance would be threatened. It is difficult to see
a role for a community board in cases pitting one community member against another,
or possibly against a segment of the community. There can also be either a conflict of

interest or serious practical difficulties if the clinic is the only legal resource available to
advise both accused and victim, to advise both "sides" in a custody case, or to act for a
community member who then becomes witness to another matter where another
community member would like representation. Finally, we are concerned about a clinic's
ability to supervise, establish priorities for, and assure the quality of criminal, family, and
refugee law services when that represents only a limited part of that clinic's otherwise
specialized mandate.
We have concluded that general-service clinics should, as a general rule, not have a
mandate to provide direct case representation in criminal, family, or immigration and
refugee law matters: Clinics should, however, be allowed to provide other kinds of
services in these areas, where such services are consistent with their poverty law
mandate and appropriate safeguards are in place to ensure that these services do not
overwhelm the clinic's poverty law services. Some clinics could deliver limited caserepresentation services in exceptional circumstances (such as geographic remoteness
and/or lack of other available service providers) if such services are assessed as a
community priority. Specialty clinics could and should provide services (including case
representation) in these areas if such services would support their focus on systemic
issues or would support their client community.
In the long run, we believe that these issues will be of decreasing importance to most
clinics. Our recommendations on the subject of criminal, family, and immigration and
refugee law legal aid services, if properly implemented, should address the most
pressing legal needs in these areas.
COMPLETION OF THE COMMUNITY CLINIC SYSTEM
Earlier, we identified several "gaps" in the distribution of general-service clinics in
Ontario. Despite the clinic system's proven success in addressing poverty law needs,
many communities in the province simply have no access to community clinics, and
those which do have clinics generally require additional resources to meet present
demand. This situation contradicts the principle that a full range of legal aid services
should be accessible to all Ontarians. It is simply unfair that some Ontarians should have
access to this important service while others do not. Consequently, we recommend that
the authority governing a reformed legal aid system in Ontario should make the
completion of the geographic coverage of general-service clinics across the province a
key priority.
In addition to general-service clinics, we believe that there are many reasons to expand
the specialty-clinic system. The success of specialty clinics such as the Advocacy
Resource Centre for the Handicapped, the Advocacy Centre for the Elderly, and
Community Legal Education Ontario, to name but a few, have proven their ability to
deliver high-quality, cost-effective services for their target populations.
Although the potential range of specialty clinics is quite broad, we have identified one
such clinic which we believe should receive consideration-a specialty clinic to provide
comprehensive legal services for Aboriginals living in urban areas and on nearby
reserves. As outlined in the background paper prepared for the Review by Jonathan
Rudin, a form of specialty clinic (potentially called "Aboriginal Legal Services Centres")
would be well-suited to provide this particularly vulnerable population with accessible,
community-based, flexible, high-quality, and multifaceted legal services. These Centres

could be integrated with local Aboriginal Friendship Centres. If appropriate, consideration

should be given to developing this model in northern Ontario also.
As part of its strategic-planning process, we recommend that the legal aid authority
consult with current clinics, community groups, service providers and interested
individuals in order to determine which specialty clinics should be introduced and the
process by which to introduce them.
RECOMMENDATIONS
1. A revised Legal Aid Act should include an explicit mandate to provide "poverty law"
services.
2. The community clinic model should be retained as the primary means of delivering
"poverty
law"
services
in
the
province.
3. The independent community board of directors model for individual clinics should be
retained.
4. The legal aid authority should make training of community-clinic board members a
high
priority.
5. The unit of the legal aid authority responsible for clinics should develop infrastructures
designed to support community boards, including assistance in the areas of fiscal
management, labour relations, conflict resolution, and technical support. This unit should
facilitate the development of board "best practices", mentoring opportunities, access to
experts,
and
improved
communication
between
community
boards.
6. The clinic system's "Quality Assurance Program" should be pursued vigorously. The
clinic system should continue its current efforts to regularize data collection across the
province.
7. Individual clinics and the overall clinic system should initiate a multiyear strategicplanning process. This process should include an assessment of the current and likely
future demand for "poverty" law services; an evaluation of the strengths and
weaknesses of the system to meet that demand; the development of programs or
strategies designed to create or improve the coordination of services and skills within the
system; and the development of performance measures against which the achievement
of
those
objectives
can
be
assessed.
8. The Executive Director of each individual clinic should sit on the Area Committee of
the administrative unit of the legal aid authority in his or her area. The Area Director, or
his or her designate, of each administrative area within the legal aid authority should be
a member of the board of directors of the clinic in his or her area.
9. As a general rule, the general service clinics should not have a mandate to provide
direct case representation in criminal, family, or immigration and refugee law matters.
However,
(i) such clinics should be allowed to provide other kinds of services in these areas where
such services are consistent with their "poverty law" mandate and appropriate
safeguards are in place to ensure that these services do not overwhelm the clinic's
"poverty
law"
services,
and
(ii) they should be allowed to deliver limited case-representation services in exceptional
circumstances (including geographic remoteness and/or lack of other available service
providers)
if
such
services
are
assessed
as
a
community
priority.
10. Specialty clinics could and should provide services (including case representation) in
these areas if such services would support their focus on systemic issues or would
support
their
client
community.
11. The legal aid authority should make the completion of the geographic coverage of

the general service clinic system a key priority. The legal aid authority should consult
with current clinics, community groups, service providers, and interested individuals in
order to determine the need for any new specialty clinics.
atrocities against women in india
The problem of violence and atrocities against women in India is one important problem
relating to women who cannot be ignored.
Women in the Indian society have been victims of humiliation, torture and exploitation
for as long as we have written records of social organization and family life.
Today, though women are being gradually recognized as important, powerful and
meaningful contributors to the life of men; but some of the cruel practices thrive even
today.
In spite of the legislative measures adopted in favour of women in our society after In dependence, the spread of education and womens gradual economic independence,
countless women still continue to be victims of violence and extreme cruelty.
The term atrocities against women refers to as a cruel and wicked act against a
woman which causes her emotional or physical injury or both.
The Police Research Bureau, Delhi has referred to crime against women under two
categories:

crimes under the Indian Penal Code, and

crimes under the local and special laws.

The Bureau has identified seven crimes in the first category and four crimes in the second category of crimes. The seven crimes under the IPC are: rape, kidnapping and
abduction, homicide for dowry, torture (physical and mental), molestation, eve-teasing;
and importation of girls up to 21 years of age, while the four crimes under the local and
special laws are: commission of sati, dowry prohibition, immoral traffic, and indecent
representation of women.
There is a need to raise voice and fight against atrocities against Women. Further, for
each reported rape, many unreported rapes and for each reported eve-teasing many
unreported eve- teasing cases occurs.
The number of reported cases of atrocities against women in India has increased in
recent years. The increase in the number of reported not only indicates increased
reporting but it only indicates an increased awareness about gender parity and womens
rights, the confidence of the victims in the new laws for their protection, and because of
institutions such as Mahila Courts, Family Courts, and NGOs working for women. But we
know that all cases are not reported and recorded for various reasons.
Child Labour (Prohibition and Regulation) Act, 1986 - The Act provides for
punishments and penalties for employing children below the age of 14 years in certain
occupations and processes. It provides for regulation of work conditions including fixing
hours of work, weekly holidays, notices to inspectors, provisions for resolving disputes as
to age, maintenance of registers, etc. Through a recent notification in 2006, child

domestic workers up to 14 years of age working in hotels, dhabas, eateries and in the
entertainment industry have been brought within the purview of the Act. It is one step
towards the total elimination of child labour.
Schedules A and B provide the 16 Occupations and 65 Processes that prohibit
employment of
children respectively.
Section 17 of the Act identifies all officers who are empowered by the Act to rescue
children from work.
Ministry of Labour and Employment, Government of India, has come up with a draft
protocol and procedure for raid and rescue of children from labour and trafficked for
labour.
According to UNICEF violence against children can be "physical and mental abuse and
injury, neglect or negligent treatment, exploitation and sexual abuse. Violence may take
place in homes, schools, orphanages, residential care facilities, on the streets, in the
workplace, in prisons and in places of detention." Such violence can affect the normal
development of a child impairing their mental, physical and social being. In extreme
cases abuse of a child can result in death.
Child abuse has many forms: physical, emotional, sexual, neglect, and exploitation. Any
of these that are potentially or actually harmful to a child's health, survival, dignity and
development are abuse. This definition is derived from the W.H.O.

Physical abuse is when a child has been physically harmed due to some
interaction or lack of interaction by another person, which could have been
prevented by any person in a position of responsibility, trust or power.

Emotional abuse can be seen as a failure to provide a supportive environment

and primary attachment figure for a child so that they may develop a full and
healthy range of emotional abilities. Emotional abuse is also the act of causing
harm to a child's development, when they could have been within reasonable
control of a person responsible for the child. Examples of these acts are
restricting movement, threatening, scaring, discriminating, ridiculing, belittling,
etc. In India a rising concern is the pressure children feel to perform well in
school and college examinations, which can be seen as a form of emotional stress
and abuse.

Sexual abuse is engaging a child in any sexual activity that he/she does not
understand or cannot give informed consent for or is not physically, mentally or
emotionally prepared for. Abuse can be conducted by an adult or another child
who is developmentally superior to the victim. This includes using a child for
pornography, sexual materials, prostitution and unlawful sexual practises. Read
more on Child Sexual Abuse (CSA)

Neglect or negligent treatment is purposeful omission of some or all

developmental needs of the child by a caregiver with the intention of harming the
child. This includes the failure of protecting the child from a harmful situation or
environment when feasible.

Exploitation can be commercial or otherwise, where by the child is used for some
form of labour, or other activity that is beneficial for others. Example: child labour
or child prostitution.

In 2007, the Ministry of Women and Child Development (MWCD) released a study report
on child abuse. The report discusses incidence of child abuse nationwide. It is estimated
that 150 million girls and 73 million boys under 18 have been subjected to forced sexual
intercourse or other forms of sexual violence. In 2002 there were 53,000 reported cases
of child homicide. A Global School-Based Student Health Survey found that 20% and
65% of school going children reported having been verbally and physically bullied in the
last 30 days. ILO estimates show there were 218 million child labourers in 2004, out of
which 126 million were engaged in hazardous work. UNICEF estimated 3 million girls and
women in sub-Saharan Africa, Egypt and Sudan are subjected to female genital
mutilation every year.
W.H.O. estimates that 150 million girls and 73 million boys under 18 have been
subjected to forced sexual intercourse or other forms of sexual violence. In 2002 there
were 53,000 reported cases of child homicide. A Global School-Based Student Health
Survey found that 20% and 65% of school going children reported having been verbally
and physically bullied in the last 30 days. ILO estimates show there were 218 million
child labourers in 2004, out of which 126 million were engaged in hazardous work.
UNICEF estimated 3 million girls and women in sub-Saharan Africa, Egypt and Sudan are
subjected to female genital mutilation every year.
In 2007, the Ministry of Women and Child Development (MWCD) released a study report
on child abuse. The report discusses incidence of child abuse nationwide.The study of the
MWCD found a wide spread incidence of child abuse. Children between the ages of 5-12
are at the highest risk for abuse and exploitation. The study found that 69% of children
reported to have been physically abused. Out of these 54.68% were boys. 52.91% of
boys and 47.09 % of girls reported having been abused in their family environment. Of
the children who were abused in family situations 88.6% were abused by their parents.
Every two out of three school children reported facing corporal punishment. In juvenile
justice institutions 70.21 % of children in conflict with law and 52.86% of children in
need of care and protection reported having been physically abused. With regard to child
labour 50.2% of children work all seven days of the week. 81.16% of the girl child
labourers work in domestic households, while 84% of the boy child labourers worked in
tea stalls or kiosks. 65.99 % of boys and 67.92% of girls living on the street reported
being physically abused by their family members and other people.
Lastly the study examined emotional abuse and girl child neglect. The study examined
two forms of emotional abuse: humiliation and comparison. Half the children reported
facing emotional abuse with 83% of that abuse begin conducted by parents. Girl child
neglect was assessed girls comparing themselves to their brothers on factors like
attention, food, recreation time, household work, taking care of siblings, etc. 70.57% of
girls reported having been neglected by family members. 48.4% of girls wished they
were boys. 27.33% of girls reported getting less food then their brothers. Of the young
adults (ages 18-24) interviewed, almost half of them reported having been physically or
sexually abused as children.
Child abuse in India is often a hidden phenomenon especially when it happens in the
home or by family members. Focus with regards to abuse has generally been in the more

public domain such as child labour, prostitution, marriage, etc. Intra-family abuse or
abuse that takes place in institutions such as schools or government homes has received
minimal attention. This may be due to the structure of family in India and the role
children have in this structure. Children in India are often highly dependent on their
parents and elders; they continue to have submissive and obedient roles towards their
parents even after they have moved out of their parental home. This belief that parents
and family are the sole caretaker of the child has proved to have negative effects on
child protection laws and strategies. Numbers of cases of child abuse in the home are
hard to attain because most of these crimes go unreported. Societal abuses that are a
result of poverty such as malnutrition, lack of education, poor health, neglect, etc are
recognised in various forms by the Indian legal system. But India does not have a law
that protects children against abuse in the home. Mal-treatment of care givers has the
potential to emotionally and mentally harm children to a very different degree. Studies in
intra-familial child abuse in the US have shown correlation to delinquency, crime,
teenage pregnancy, and other psychosocial problems.
India has launched an Integrated Child Protection Scheme which aims at shielding
children from violence aengand abuse.
LEGAL SERVICE AUTHORITIES ACT, 1987
ACTS AND RULES
THE
LEGAL
SERVICES
AUTHORITIES
ACT,
(No.
39
of
(11th
October,
[As
amended
by
the
Legal
Services
(Amendment)
Act,
1994
(No.
59
of
(29th October, 1994)

1987
1987)
1987)
Authorities
1994)]

An Act to constitute legal services authorities to provide free and competent legal
services to the weaker sections of the society to ensure that opportunities for securing
justice are not denied to any citizen by reason of economic or other disabilities, and to
organise Lok Adalats to secure that the operation of the legal system promotes justice
on
a
basis
of
equal
opportunity.
Be it enacted by Parliament in the Thirty-eighth year of the Republic of India as follows:Chapter I
Preliminary
1. Short title, extent and commencement.(1) This Act may be called the Legal Services Authorities Act, 1987.
(2) It extends to the whole of India, except the State of Jammu & Kashmir.
(3) It shall come into force on such date as the Central Government may by notification,
appoint and different dates may be appointed for different provisions of this Act and for
different States and any reference to commencement in any provision of this Act in
relation to any State shall be construed as a reference to the commencement of that
provision in that State.
2. Definitions.-

1. In this Act, unless the context otherwise requires,(a)

'case'
includes
a
suit
or
any
proceeding
before
a
court;
(aa) 'Central Authority' means the National Legal Services Authority constituted under
Section
3;
(aaa) 'court' means a civil, criminal or revenue court and includes any tribunal or any
other authority constituted under any law for the time being in force to exercise judicial
or
quasi-judicial
functions;
(b) 'District Authority' means a District Legal Services Authority constituted under
Section
9;
(bb) 'High Court Legal Services Committee' means a High Court Legal Services
Committee
constituted
under
Section
8A;
(c) 'legal service' includes the rendering of any service in the conduct any case or other
legal proceeding before any court or other Authority or tribunal and the giving of advice
on
any
legal
matter;
(d)
'Lok
Adalat'
means
a
Lok
Adalat
organised
under
Chapter
VI;
(e) 'notification' means a notification published in the Official Gazette;
(f)
'prescribed'
means
prescribed
by
rules
made
under
this
Act;
(ff)
'regulations'
means
regulations
made
under
this
Act;
(g) 'scheme' means any scheme framed by the Central Authority, a State Authority or a
District Authority for the purpose of giving effect to any of the provisions of this Act;
(h) 'State Authority' means a State Legal Services Authority constituted under Section 6;
(i) 'State Government' includes the administrator of a Union territory appointed by the
President
under
article
239
of
the
Constitution;
(j) 'Supreme Court Legal Services Committee' means the Supreme Court Legal Services
Committee
constituted
under
Section
3A;
(k) 'Taluk Legal Services Committee' means a Taluk Legal Services Committee
constituted under Section 11A.
2. Any reference in this Act to any other enactment or any provision thereof shall, in
relation to an area in which such enactment or provision is not in force, be
construed as a reference to the corresponding law or the relevant provision of the
corresponding law, if any, in force in that area.
Chapter II
THE NATIONAL LEGAL SERVICES AUTHORITY
3.
Constitution
Authority. -

of

the

National

Legal

Services

(1) The Central Government shall constitute a body to be called the National Legal
Services Authority to exercise the powers and perform the functions conferred on, or
assigned
to
the
Central
Authority
under
this
Act.
(2) The Central Authority shall consist of (a)
the
Chief
Justice
of
India
who
shall
be
the
Patron-in-Chief;
(b) a serving or retired Judge of the Supreme Court to be nominated by the President, in
consultation with the Chief Justice of India, who shall be the Executive Chairman; and
(c) such number of other members, possessing such experience and qualifications, as
may be prescribed by the Central Government, to be nominated by that government in
consultation with the Chief Justice of India.

(3)
The Central Government shall in consultation with the Chief Justice of India,
appoint a person to be the Member-Secretary of the Central Authority, possessing such
experience and qualifications as may be prescribed by that Government, to exercise such
powers and perform such duties under the Executive Chairman of the Central Authority
as may be prescribed by that Government or as may be assigned to him by the
Executive
Chairman
of
that
Authority.
(4)
The terms of office and other conditions relating thereto, of Members and the
Member-Secretary of the Central Authority shall be such as may be prescribed by the
Central
Government
in
consultation
with
the
Chief
Justice
of
India.
(5) The Central Authority may appoint such number of officers and other employees as
may be prescribed by the Central Government in consultation with the Chief Justice of
India,
for
the
efficient
discharge
of
its
functions
under
this
Act.
(6) The officers and other employees of the Central Authority shall be entitled to such
salary and allowances and shall be subject to such other conditions of service as may be
prescribed by the Central Government in consultation with the Chief Justice of India.
(7)
The administrative expenses of the Central Authority, including the salaries,
allowances and pensions payable to the Member-Secretary, officers and other employees
of the Central Authority, shall be defrayed out of the Consolidated Fund of India.
(8)
All orders and decisions of the Central Authority shall be authenticated by the
Member Secretary or any other officer of the Central Authority duly authorised by the
Executive
Chairman
of
that
Authority.
(9) No act or proceeding of the Central Authority shall be invalid merely on the ground
of the existence of any vacancy in or any defect in the constitution of the Central
Authority.
3A. Supreme Court Legal Services Committee.(1) The Central Authority shall constitute a Committee to be called the Supreme Court
Legal Services Committee for the purpose of exercising such powers and performing
such functions as may be determined by regulations made by the Central Authority.
(2)
The
Committee
shall
consist
of
(a) a sitting judge of the Supreme Court who shall be the Chairman; and
(b) such number of other members possessing such experience and qualifications as
may be prescribed by the Central Government to be nominated by the Chief Justice of
India.
(3) The Chief Justice of India shall appoint a person to be the Secretary to the
Committee, possessing such experience and qualifications as may be prescribed by the
Central
Government.
(4) The terms of office and other conditions relating thereto, of the Members and
Secretary of the Committee shall be such as may be determined by regulations made by
the
Central
Authority.
(5) The Committee may appoint such number of officers and other employees as may be
prescribed by the Central Government, in consultation with the Chief Justice of India, for
the
efficient
discharge
of
its
functions.
(6) The officers and other employees of the Committee shall be entitled to such salary
and allowances and shall be subject to such other conditions of service as may be
prescribed by the Central Government in consultation with the Chief Justice of India.
4. Functions of the Central Authority.- The Central Authority shall perform all or any of
the following functions, namely:-

(a) lay down policies and principles for making legal services available under the
provisions
of
this
Act;
(b) frame the most effective and economical schemes for the purpose of making legal
services
available
under
the
provisions
of
this
Act;
(c) utilise the funds at its disposal and make appropriate allocations of funds to the State
Authorities
and
District
Authorities;
(d) 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;
(e) 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;
(f) encourage the settlement of disputes by way of negotiations, arbitration and
conciliation;
(g) undertake and promote research in the filed of legal services with special reference
to
the
need
for
such
services
among
the
poor;
(h) to do all things necessary for the purpose of ensuring commitment to the
fundamental
duties
of
citizens
under
Part
IVA
of
the
Constitution;
(i) 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;
(j) 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;
(k) 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;
(l) 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;
(m) 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
(n) 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 organisations and given general directions for the proper implementation of the
Legal Services programmes.
5. Central Authroity to work in coordination with other agencies .- In the discharge of its
functions under this act, the Central Authority shall, wherever appropriate, act in
coordinatin with other governmental and non-governmental agencies, universities and
others engaged in the work of promoting the cause of legal services to the poor.
Chapter III
STATE LEGAL SERVICES AUTHORITY

6.

Constitution of State Legal Services Authority -

(1) Every State Government shall constitute a body to be called the Legal Services
Authority for the State to exercise the powers and perform the functions conferred on or
assigned
to,
a
State
Authority
under
this
Act.
(2) A State Authority shall consist of (a) the Chief Justice of the High Court who shall be the Patron-in-Chief;
(b) a serving or retired Judge of the High Court, to be nominated by the Governor, in
consultation with the Chief Justice of the High Court, who shall be the Executive
Chairman;
and
(c) such number of other Members, possessing such experience and qualifications, as
may be prescribed by the State Government, to be nominated by that Government in
consultation with the Chief Justice of the High Court.
(3)
The State Government shall, in consultation with the Chief Justice of the High
Court, appoint a person belonging to the State Higher Judicial Service not lower in rank
than that of a District Judge, as the Member-Secretary of the State Authority, to exercise
such powers and perform such duties under the Executive Chairman of the State
Authority as may be prescribed by that Government or as may be assigned to him by the
Executive Chairman of that Authority; Provided that a person functions as Secretary of a
State Legal Aid & Advice Board immediately before the date of constitution of the State
Authority may be appointed as Member-Secretary of that Authority, even if he is not
qualified to be appointed as such under this sub-section, for a period not exceeding five
years.
(4)
The terms of office and other conditions relating thereto, of Members and the
Member-Secretary of the State Authority shall be such as may be prescribed by the
State Government in consultation with the Chief Justice of the High Court.
(5) The State Authority may appoint such number of officers and other employees may
be prescribed by the State Government, in consultation with the Chief Justice of the High
Court, for the efficient discharge of its functions under this Act.
(6)
The officers and other employees of the State Authority shall be entitled to such
salary and allowances and shall be subject to such other conditions of service as may be
prescribed by the State Government in consultation with the Chief Justice of the High
Court.
(7)
The administrative expenses of the State Authority, including the salaries,
allowances and pensions payable to the Member-Secretary, officers and other employees
of the State Authority shall be defrayed out of the Consolidated Fund of the State.
(8)
All orders and decisions of the State Authority shall be authenticated by the
Member-Secretary or any other officer of the State Authority duly authorised by the
Executive Chairman of the State Authority.
(9) No act or proceeding of a State Authority shall be invalid merely on the ground of
the existence of any vacancy in, or any defect in the constitution of the State Authority.
7.

Functions of the State Authority.-

(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:(a) give legal service to persons who satisfy the criteria laid down under this Act.
(b) conduct Lok Adalats, including Lok Adalats for High Court cases;
(c)
undertake
preventive
and
strategic
legal
aid
programmes;
and
(d) perform such other functions as the State Authority may, in consultation with the
Central Authority, fix by regulations.
8.
State Authority to act in co-ordination with other agencies etc., and be subject to
directions given by Central Authority.- In the discharge of its functions the State
Authority shall appropriately act in co-ordination with other governmental agencies, nongovernmental voluntary social service institutions, universities and other bodies 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.
8A.

High Court Legal Services Committee.-

(1) The State Authority shall constitute a Committee to be called the High Court Legal
Services Committee for every High Court, for the purpose of exercising such powers and
performing such functions as may be determined by regulations made by the State
Authority.
(2) The Committee shall consist of (a) a sitting Judge of the High Court who shall be the Chairman; and
(b) such number of other Members possessing such experience and qualifications as may
be determined by regulations made by the State Authority, to be nominated by the Chief
Justice of the High Court.
(3)
The Chief Justice of the High Court shall appoint a Secretary to the Committee
possessing such experience and qualifications as may be prescribed by the State
Government.
(4)
The terms of office and other conditions relating thereto, of the Members and
Secretary of the Committee shall be such as may be determined by the regulations,
made
by
the
State
Authority.
(5) The Committee may appoint such number of officers and other employees as may
be prescribed by the State Government in consultation with the Chief Justice of the High
Court
for
the
efficient
discharge
of
its
functions.
(6) The officers and other employees of the Committee shall be entitled to such salary
and allowances and shall be subject to such other conditions of service as may be
prescribed by the State Government in consultation with the Chief Justice of the High
Court.
9.

District Legal Services Authority.-

(1) The State Government shall in consultation with the Chief Justice of the High Court,
constitute a body to be called the District Legal Services Authority for every District in
the State to exercise the powers and perform the functions conferred on, or assigned to
the
District
Authority
under
this
Act.
(2) A District Authority shall consist of :-

(a)
the
District
Judge
who
shall
be
its
Chairman;
and
(b) such number of other Members, possessing such experience and qualifications as
may be prescribed by the State Government, to be nominated by that Government in
consultation with the Chief Justice of the High Court.
(3)
The State Authority shall, in consultation with the Chairman of the District
Authority appoint a person belonging to the State Judicial Service not lower in rank than
that of a Subordinate Judge or Civil Judge posted at the seat of the District Judiciary as
Secretary of the District Authority to exercise such powers and perform such duties
under the Chairman of that Committee as maybe assigned to him by such Chairman.
(4)
The terms of office and other conditions relating thereto, of Members and
Secretary of the District Authority shall be such as may be determined by regulations
made by the State Authority in consultation with the Chief Justice of the High Court.
(5) The District Authority may appoint such number of officers and other employees as
may be prescribed by the State Government in consultation with the Chief Justice of the
High
Court
for
the
efficient
discharge
of
its
functions.
(6) The officers and other employees of the District Authority shall be entitled to such
salary and allowances and shall be subject to such other conditions of service as may be
prescribed by the State Government in consultation with the Chief Justice of the High
Court.
(7)
The administrative expenses of every District Authority, including the salaries,
allowances and pensions payable to the Secretary, officers and other employees of the
District Authority shall be defrayed out of the Consolidated Fund of the State.
(8)
All orders and decisions of the District Authority shall be authenticated by the
Secretary or by any other officer of the District Authority duly authorised by the
Chairman
of
that
Authority.
(9) No Act or proceeding of a District Authority shall be invalid merely on the ground of
the existence of any vacancy in, or any defect in the constitution of, the District
Authority.
10.

Functions of District Authority.-

(1) It shall be the duty of every District Authority to perform such of the functions of the
State Authority in the District as may be delegated to it from time to time by the State
Authority.
(2)
Without prejudice to the generality of the functions referred to in sub-section (1)
the District Authority may perform all or any of the following functions, namely:(a) co-ordinate the activities of the Taluk Legal Services Committee and other legal
services
in
the
District;
(b)
organise
Lok
Adalats
within
the
Districts;
and
(c) perform such other functions as the State Authority may fix by regulations.
11.
District Authority to act in co-ordination with other agencies and be subject to
directions given by the Central Authority, etc. - In the discharge of its functions under
this Act, the District Authority shall, wherever appropriate, act in co-ordination 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 or the State Authority may give to it in
writing.

11A.

Taluk Legal Services Committee. -

(1) The State Authority may constitute a Committee, to be called the Taluk Legal
Services Committee, for each Taluk or Mandal or for group of Taluks or Mandals,
(2) The Committee shall consist of (a) the senior Civil Judge operating within the jurisdiction of the Committee who shall be
the
ex-officio
Chairman;
and
(b) such number of other Members, possessing such experience and qualifications, as
may be prescribed by the State Government, to be nominated by that Government in
consultation with the Chief Justice of the High Court.
(3) The committee may appoint such number of officers and other employees as may
be prescribed by the State Government in consultation with the Chief Justice of the High
Court
for
the
efficient
discharge
of
its
functions.
(4) The officers and other employees of the Committee shall be entitled to such salary
and allowances and shall be subject to such other conditions of service as may be
prescribed by the State Government in consultation with the Chief Justice of the High
Court.
(5) The administrative expenses of the Committee shall be defrayed out of the District
Legal Aid Fund by the District Authority.
11B.
Functions of Taluk Legal Services Committee.- The Taluk Legal Services
Committee may perform all or any of the following functions, namely:(a)
co-ordinate
the
activities
of
legal
services
in
the
(b)
organise
Lok
Adalats
within
the
taluk;
(c) perform such other functions as the District Authority may assign to it.

taluk;
and

Chapter IV
ENTITLEMENT TO LEGAL SERVICES
12. Criteria for giving Legal Services. - Every person who has to file or defend a case
shall be entitled to legal services under this Act if that person is (a)
a
member
of
a
Scheduled
Caste
or
Scheduled
Tribe;
(b) a victim of trafficking in human beings or begar as referred to in Article 23 of the
Constitution;
(c)
a
woman
or
a
child;
(d)
a
mentally
ill
or
otherwise
disabled
person;
(e) a person under circumstances of undeserved want such as being a victim of a mass
disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster;
or
(f)
an
industrial
workman;
or
(g) in custody, including custody in a protective home within the meaning of clause (g) of
Section 2 of the Immoral Traffic (Prevention) Act, 1956(104 of 1956); or in a juvenile
home within the meaning of clause(j) of Section 2 of the Juvenile Justice Act, 1986 (53
of 1986); or in a psychiatric hospital or psychiatric nursing home within the meaning of
clause (g) of Section 2 of the Mental Health Act, 1987(14 of 1987);or
(h) in receipt of annual income less than rupees nine thousand or such other higher
amount as may be prescribed by the State Government, if the case is before a court

other than the Supreme Court, and less than rupees twelve thousand or such other
higher amount as may be prescribed by the Central Government, if the case is before the
Supreme Court.
13. Entitlement to Legal Services.(1) Persons who satisfy all or any of the criteria specified in Section 12 shall be entitled
to receive legal services provided that the concerned Authority is satisfied that such
person
has
a
prima-facie
case
to
prosecute
or
to
defend.
(2) An affidavit made by a person as to his income may be regarded as sufficient for
making him eligible to the entitlement of legal services under this Act unless the
concerned Authority has reason to disbelieve such affidavit.
Chapter V
FINANCE, ACCOUNTS AND AUDIT
14.
Grants by the Central Government.- The Central Government shall, after due
appropriation made by Parliament by law in this behalf, pay to the Central Authority, by
way of grants, such sums of money as the Central Government may think fit for being
utilised
for
the
purposes
of
this
Act.
15.

National Legal Aid Fund.-

(1)The Central Authority shall establish a fund to be called the National Legal Aid Fund
and there shall be credited thereto (a) all sums or money given as grants by the Central Government under Section 14;
(b) any grants or donations that may be made to the Central Authority by any other
person
for
the
purposes
of
this
Act;
(c) any amount received by the Central Authority under the orders of any court or from
any other source.
(2)The National Legal Aid Fund shall be applied for meeting(a) the cost of legal services provided under this Act including grants made to State
Authorities;
(b) the cost of Legal services provided by the Supreme Court Legal Services Committee;
(c) any other expenses which are required to be met by the Central Authority.
16. State Legal Aid Fund.(1) A State Authority shall establish a fund to be called the State Legal Aid Fund and
there shall be credited thereto(a) all sums of money paid to it or any grants made by the Central Authority for the
purposes
of
this
Act;
(b) any grants or donations that may be made to the State Authority by the State
Government
or
by
any
person
for
the
purposes
of
this
Act;
(c) any other amount received by the State Authority under the orders of any court or
from any other source.
2)

A State Legal Aid Fund shall be applied for meeting -

(a)
the
cost
of
functions
referred
to
in
Section
7;
(b) the cost of legal services provided by the High Court Legal Services Committees;
(c) any other expenses which are required to be met by the State Authority.
17.

District Legal Aid Fund.-

(1) Every District Authority shall establish a fund to be called the District Legal Aid Fund
and there shall be credited thereto(a) all 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 prior approval of the State Authority, for the purposes of this Act;
(c) any other amount received by the District Authority under the orders of any court or
from any other source.
(2)

A District Legal Aid Fund shall be applied for meeting-

(a)
the
cost
of
functions
referred
to
in
Sections
10
and
(b) any other expenses which are required to be met by the District Authority.
18.

11

B;

Accounts and audit. -

(1) The Central Authority, State Authority or the District Authority ( hereinafter referred
to in this Section as 'the Authority'), as the case may be, shall maintain proper accounts
and other relevant records and prepare an annual statement or accounts including the
income and expenditure account and the balance sheet in such form and in such manner
as may be prescribed by the Central Government in consultation with the Comptroller
and
Auditor-General
of
India.
(2)
The accounts of the Authorities shall be audited by the Comptroller and Auditor
General of India at such intervals as may be specified by him and any expenditure
incurred in connection with such audit shall be payable by the Authority concerned to the
Comptroller
and
Auditor-General
of
India.
(3) The Comptroller and Audit-General of India and any other person appointed by him
in connection with the auditing of the accounts of an Authority under this Act shall have
the same rights and privileges and authority in connection with such audit as the
Comptroller and Auditor-General of India has in connection with the auditing of the
Government accounts and, in particular, shall have the right to demand the production of
books, accounts, connected vouchers and other documents and papers and to inspect
any
of
the
offices
of
the
Authorities
under
this
Act.
(4)
The accounts of the Authorities, as certified by the Comptroller and AuditorGeneral of India or any other person appointed by him in this behalf together with the
audit report thereon, shall be forwarded annually by the Authorities to the Central
Government
or
the
State
Governments,
as
the
case
may
be.
(5) The Central Government shall cause the accounts and the audit report received by
it under sub-section (4) to be laid, as soon as may be after they are received, before
each
House
of
Parliament.
(6) The State Government shall cause the accounts and the audit report received by it
under sub-section (4) to be laid, as soon as may be after they are received, before the
State Legislature.
Chapter VI

LOK ADALATS
18.

Organisation of Lok Adalats. -

(1) Every State Authority or District Authority or the Supreme Court Legal Services
Committee or every High Court Legal Services Committee or, as the case may be, Taluk
Legal Services Committee may organise Lok Adalats at such intervals and places and for
exercising
such
jurisdiction
and
for
such
areas
as
it
thinks
fit.
(2) Every Lok Adalat organised for an area shall consist of such number of (a)
serving
(b) other persons,

or

retired

judicial

officers;

and

of the area as may be specified by the State Authority or the District Authority or the
Supreme Court Legal Services Committee or the High Court Legal Services Committee,
or as the case may be, the Taluk Legal Services Committee, organising such Lok Adalats.
(3) The experience and qualifications of other persons referred to in clause (b) of subsection (2) for Lok Adalats organised by the Supreme Court Legal Services Committee
shall be such as may be prescribed by the Central Government in consultation with the
Chief
Justice
of
India.
(4) The experience and qualifications of other persons referred to in clause (b) of subsection (2) for Lok Adalats other than referred to in sub-section (3) shall be such as may
be prescribed by the State Government in consultation with the Chief Justice of the High
Court.
(5) A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or
settlement between the parties to a dispute in respect of (i)
any
case
pending
before;
or
(ii) any matter which is falling within the jurisdiction of, and is not brought before, any
court for which the Lok Adalat is organised:
Provided that the Lok Adalat shall have no jurisdiction in respect of any case or matter
relating to an offence not compoundable under any law.
20.

Cognizance of cases by Lok Adalats .-

(1) Where in any case referred to in clause (i) of sub-section (5) of Section 19(i)
(a)
the
parties
thereof
(b) one of the parties thereof makes an application to the court,

agree;

or

for referring the case to the Lok Adalat for settlement and if such court is prima facie
satisfied
that
there
are
chances
of
such
settlement;
or
(ii) the court is satisfied that the matter is an appropriate one to be taken cognizance of
by the Lok Adalat, the court shall refer the case to the Lok Adalat; Provided that no case
shall be referred to the Lok Adalat under sub-clause (b) of clause ( i) or clause (ii) by
such court except after giving a reasonable opportunity of being heard to the parties.
2) Notwithstanding anything contained in any other law for the time being in force, the
Authority or Committee organising the Lok Adalat under sub-section (1) of Section 19
may, on receipt of an application from any, one of the parties to any matter referred to in

clause (ii) of sub-section (5) of Section 19 that such matter needs to be determined by a
Lok Adalat, refer such matter to the Lok Adalat, for determination; Provided that no
matter shall be referred to the Lok Adalat except after giving a reasonable opportunity of
being
heard
to
the
other
party.
(3)
Where any case is referred to a Lok Adalat under sub-section (1) or where a
reference has been made to it under sub-section (2), the Lok Adalat shall proceed to
dispose of the case or matter and arrive at a compromise or settlement between the
parties.
(4)
Every Lok Adalat shall, while determining any reference before it under this Act,
act with utmost expedition to arrive at a compromise or settlement between the parties
and shall be guided by the principles of Justice, equity, fair play and other legal
principles.
(5) Where no award is made by the Lok Adalat on the ground that no compromise or
settlement could be arrived at between the parties, the record of the case shall be
returned by it to the court, from which the reference has been received under subsection
(1)
for
disposal
in
accordance
with
law.
(6) Where no award is made by the Lok Adalat on the ground that no compromise or
settlement could be arrived at between the parties, in a matter referred to in sub-section
(2), that Lok Adalat shall advice the parties to seek remedy in a court.
(7) Where the record of the case is returned under sub-section (5) to the court, such
court shall proceed to deal such reference under sub-section (1).
21.

Award of Lok Adalat. -

(1) Every award of the Lok Adalat shall be deemed to be a decree of a civil court or, as
the case may be, an order of any other court and where a compromise or settlement has
been arrived at, by a Lok Adalat in a case referred to it under sub-section (1) of Section
20, the court-fee paid in such case shall be refunded in the manner provided under the
Court
Fees
Act,
1870
(7
of
1870).
(2) Every award made by a Lok Adalat shall be final and binding on all the parties to
the dispute, and no appeal shall lie to any court against the award.
22.

Powers of Lok Adalats.-

(1) The Lok Adalat shall, for the purposes of holding any determination under this Act,
have the same powers as are vested in a civil court under the Code of Civil Procedure,
1908 (5 of 1908), while trying a suit in respect of the following matters, namely:(a) the summoning and enforcing the attendance of any witness and examining him on
oath;
(b)
the
discovery
and
production
of
any
document;
(c)
the
reception
of
evidence
on
affidavits;
(d) the requisitioning of any public record or document or copy of such record or
document
from
any
court
or
office;
and
(e) such other matters as may be prescribed.
(2)
Without prejudice to the generality of the powers contained in sub-section(1),
every Lok Adalat shall have the requisite powers to specify its own procedure for the
determination
of
any
dispute
coming
before
it.
(3)
All proceedings before a Lok Adalat shall be deemed to be judicial proceedings
within the meaning of Sections 193, 219 and 228 of the Indian Penal Code (45 of 1860)

and every Lok Adalat shall be deemed to be a civil court for the purpose of Section 195
and Chapter XXVI of the Code of Criminal Procedure, 1973(2 of 1974).
CHAPTER
VI
PRE-LITIGATION CONCILIATION AND SETTLEMENT

22A.

Definitions
In this chapter and for the purposes the Section 22 and 23, unless the context
other requires.
a) Permanent LokAdalat means a Permanent LokAdalat established under sub-section
(1)
of
Section
22
B;
b) Public Utility Service means any1.transport services for the carriage of passengers or goods by air, road or water; or
2.postal,
telegraph
or
telegraph
or
telephone
service;
or
3.supply of power, light or water to the public by any establishment. Or
4.system of
public
conservancy
or
sanitation;
or
5.service in
hospital
or
dispensary;
or
6.insurance service,
and includes any service which the Central Government or the State Government, as the
case may be, may in the public interest, by notification, declare to be a public utility
service for the purposes of this Chapter.
22B. Establishment of Permanent LokAdalat
1.Notwithstanding anything contained in section 19, the Central Authority or, as the case
may be, every State Authority shall, be notification, establish Permanent LokAdalat at
such places and for exercising such jurisdiction in respect of one or more public utility
services and for such areas as may be specified in the notification.
2.Every Permanent LokAdalat established for an area notified under sub-section (1) shall
consist ofa) a person who is, or has been, a district judge or additional district judge or has held
judicial office higher in rank than that of a district judge, shall be the Chairman of the
Permanent LokAdalat;
and
b) Two other persons having adequate experience in public utility services to be
nominated by the Central Government or, as the case may be, the State Government on
the recommendation of the Central Authority or, as the case may, the State Authority,
establishing such Permanent LokAdalat and the other terms and conditions of the
appointment of the Chairman and other persons referred to in clause (b) shall be
prescribed by the Central Government.
22
C.
Cognizance
of
cases
by
Permanent LokAdalat.
(1) Any party to a dispute may, before the dispute is brought before nay court, make an
application to the Permanent LokAdalat for the settlement of dispute; Provided that the
Permanent LokAdalat shall not have jurisdiction in respect of any matter relating to an
offence
not
compoundable
under
any
law; Provided
further
that
the
Permanent LokAdalat shall also not have jurisdiction in the matter where the value of
the
property
in
dispute
exceeds
ten lakh rupees;
Provided also that the Central Government, may, by notification, increase the limit of

ten lakhrepees specified in the second proviso in consultation with the Central Authority.
(2) After an application is made under sub-section (1) to the Permanent LokAdalat, no
party to that application shall invoke jurisdiction of any court in the same dispute.
(3) where an application is made to a Permanent LokAdalat under sub-section (1), it
(a) shall direct each party to the application to file before it a written statement, stating
therein the facts and nature of dispute under the application, points or issues in such
dispute and grounds relied in support of, or in opposition to, such points or issues, as
the case may be, and such party may supplement such statement with any document
and other evidence which such party deems appropriate in proof of such facts and
grounds and shall send a copy of such statement together with a copy of such document
and other evidence, if any, to each of the parties to the applicant;
(b) may require any party to the application to file additional statement before it at any
stage
of
the
conciliation
proceedings;
(c) shall communicate any document or statement received by it from any party to the
application to the other party, to enable such other party to present reply thereto.
(4) When statement, additional statement and reply, if any, have been filed under subsection (3), to the satisfaction of the Permanent LokAdalat, it shall conduct conciliation
proceedings between the parties to the application in such manner as it thinks
appropriate
taking
into
account
the
circumstance
of
the
dispute.
(5) The Permanent LokAdalat shall, during conduct of conciliation proceedings under
sub-section (4), assist the parties in their attempt to reach an amicable settlement of
the
dispute
in
an
independent
and
impartial
manner.
(6) It shall be the duty of every party to the application to cooperate in good faith with
the Permanent LokAdalat in conciliation of the dispute relating to the application and to
comply with the direction of the Permanent LokAdalat to produce evidence and other
related
documents
before
it.
(7) When a Permanent LokAdalat, in the aforesaid conciliation proceedings, is of opinion
that there exist elements of settlement in such proceedings which may be acceptable to
the partes, it may formulate the tersm of a possible settlement of the dispute and give
to the parties concerned for their observations and in case the parties reach at an
agreement on the settlement or the dispute, they shall sign the settlement agreement
and the Permanent LokAdalat shall pass an award in terms thereof and furnish a copy of
the
same
to
each
of
the
parties
concerned.
(8) Where the parties faile to reach at an agreement under sub-section (7), the
Permanent LokAdalat shall, if the dispute does not relate to any offence, decide the
dispute.
22D.
Procedure of
Permanent LokAdalat
The Permanent LokAdalat shall, while conducting conciliation proceedings or deciding a
dispute on merit under this Act, be guided by the principles of natural justice, objectivity
fail play, equity and other principles of justice, and shall not be bound by the Code of
Civil Procedure, 1908 and the Indian Evidence Act, 1872.
22E.

Award of Permanent LokAdalat to be final

(1)
Every award of the Permanent LokAdalat under this Act made either on merit or in
terms of a settlement agreement shall be final and binding on all the parties thereto and
on
persons
claiming
under
them.
(2)
Every award of the Permanent LokAdalat under this Act shall be deemed to be a

decree
of
a
civil
court.
(3)
The award made by the Permanent LokAdalat under this Act shall be by a majority
of
the
persons
constituting
the
PermanentLokAdalat.
(4)
Every award made by the Permanent LokAdalat under this Act shall be final and
shall not be called in question in any original suit, application or execution proceedings.
(5)
The Permanent LokAdalat may transmit any award made by it to a Civil Court
having local Jurisdiction and such civil court shall execute tgeirder as if it were a decree
made by that court.
Chapter VII
MISCELLANEOUS
23.
Members and staff of Authorities, Committees and Lok Adalats to be public
servants. -The Members including Member-Secretary or, as the case may be, Secretary ,
of the Central Authority, the State Authorities, the District Authorities, the Supreme
Court Legal Services Committee, High Court Legal Services Committees, Taluk Legal
Services Committees and officers and other employees of such Authorities, Committees
and the Members of the Lok Adalats shall be deemed to be public servants within the
meaning of Section 21 of the Indian Penal Code (45 of 1860)
24.
Protection of action taken in good faith.- No suit, prosecution or other Legal
proceeding shall lie against,
(a)
the
Central
Government
or
the
State
Government;
(b) the Patron-in-Chief, Executive Chairman, Members or Member-Secretary or officers
or
other
employees
of
the
Central
Authority;
(c) Patron-in-Chief, Executive Chairman, Members, Member-Secretary or officers or
other
employees
of
the
State
Authority;
(d) Chairman, Secretary, Members or officers or other employees of the Supreme Court
Legal Services Committee, High Court Legal Services Committees, Taluk Legal Services
Committees
or
the
District
Authority;
or
(e) Any other person authorised by any of the Patron-in-Chief, Executive Chairman,
Chairman, Member, Member-Secretary referred to in sub-clauses (b) to (d),
for anything which is in good faith done or intended to be done under the provisions of
this
Act
or
any
rule
or
regulation
made
thereunder.
25.
Act to have overriding effect.- The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained any other law for the time
being in force or in any instrument having effect by virtue of any law other than this Act.
26. Power to remove difficulties.(1) If any difficulty arises in giving effect to the provisions of this Act, the Central
Government may, by order published in the Official Gazette, make such provisions, not
inconsistent with the provisions of this Act as appear to it to be necessary or expedient
for removing the difficulty; Provided that no such order shall be made after the expiry of
a period of two years from the date on which this Act receives the assent of the
President.
(2) Every order made under this section shall, as soon as may be after it is made, be laid
before each House of Parliament.

27.Power of Central Government to make rules.(1) The Central Government in consultation with the Chief Justice of India may, by
notification,
make
rules
to
carry
out
the
provisions
of
this
Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:(a) the number, experience and qualifications of other Members of the Central Authority
under
clause
(c)
of
sub-section
(2)
of
Section
3.
(b) the experience and qualifications of the Member-Secretary of the Central Authority
and
his
powers
and
functions
under
sub-section
(3)
of
Section
3,
(c) the terms of office and other conditions relating thereto, of Members and MemberSecretary of the Central Authority under sub-section (4) of Section 3;
(d) the number of officers and other employees of the Central Authority under subsection
(5)
of
Section
3;
(e) the conditions of service and the salary and allowances of officers and other
employees of the Central Authority under sub-section (6) of Section 3;
(f) the number, experience and qualifications of Members of the Supreme Court Legal
Services Committee under clause (b) of sub-section (2) of Section 3A;
(g) the experience and qualifications of Secretary of the Supreme Court Legal Services
Committee
under
sub-section
(3)
of
Section
3A;
(h) the number of officers and other employees of the Supreme Court Legal Services
Committee under sub-section (5) of Section 3A and the conditions of service and the
salary and allowances payable to them under sub-section (6) of that section;
(i) the upper limit of annual income of a person entitling him to legal services under
clause (h) of Section 12, if the case is before the Supreme Court;
(j) the manner in which the accounts of the Central Authority, the State Authority or the
District
Authority
shall
be
maintained
under
Section
18;
(k) the experience and qualifications of other persons of the Lok Adalats organised by
the Supreme Court Legal Services Committee specified in sub-section (3) of Section 19;
(l) other matters under clause (e) of sub-section (1) of Section 22;
(m) any other matter which is to be, or may be, prescribed.
28.

Power of State Government to make rules.-

(1) The State Government in consultation with the Chief Justice of the High Court may,
by notification, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:(a) the number, experience and qualifications of other Members of the State Authority
under
clause
(c)
of
sub-section
(2)
of
Section
6;
(b) the powers and functions of the Member-Secretary of the State Authority under subsection
(3)
of
Section
6;
(c) the terms of office and other conditions relating thereto, of Members and MemberSecretary of the State Authority under sub-section (4) of Section 6;
(d) the number of officers and other employees of the State Authority under sub-section
(5)
of
Section
6;
(e) the conditions of service and the salary and allowances of officers and other
employees of the State Authority under sub-section (6) of Section 6;
(f) the experience and qualifications of Secretary of the High Court Legal Services

Committee
under
sub-section
(3)
of
Section
8A;
(g) the number of officers and other employees of the High Court Legal Services
Committee under sub-section (5) of Section 8A and the conditions of service and the
salary and allowances payable to them under sub-section (6) of that Section;
(h) the number, experience and qualifications of Members of the District Authority under
clause
(b)
of
sub-section
(2)
of
Section
9;
(i) the number of officers and other employees of the District Authority under sub section
(5)
of
Section
9;
(j) the conditions of service and the salary and allowances of the officers and other
employees of the District Authority under sub-section (6) of Section 9;
(k) the number, experience and qualifications of Members of the Taluk Legal Services
Committee
under
clause
(b)
of
sub-section
(2)
of
Section
11A;
(l) the number of officers and other employees of the Taluk Legal Services Committee
under
sub-section
(3)
of
Section
11A;
(m) the conditions of service and the salary and allowances of officers and other
employees of the Taluk Legal Services Committee under sub-section (4) of Section 11A;
(n) the upper limit of annual income of a person entitling him to legal services under
clause (h) of Section 12, if the case is before a court, other than the Supreme Court;
(o) the experience and qualifications of other persons of the Lok Adalats other than
referred
to
in
sub-section
(4)
of
Section
19;
(p) any other matter which is to be, or may be, prescribed.
29.

Power of Central Authority to make regulations.-

(1) The Central Authority may, by notification, make regulations not inconsistent with the
provisions of this Act and the rules made thereunder, to provide for all matters for which
provision is necessary or expedient for the purposes of giving effect to the provisions of
this
Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
regulations may provide for all or any of the following matters, namely:(a) the powers and functions of the Supreme Court Legal Services Committee under subsection
(1)
of
Section
3A;
(b) the terms of office and other conditions relating thereto, of the Members and
Secretary of the Supreme Court Legal Services Committee under sub-section (4) of
Section 3A.
29A. Power of State Authority to make regulations .(1) The State Authority may, by notification make regulations not inconsistent with the
provisions of this Act and the rules made thereunder, to provide for all matters for which
provisions is necessary or expedient for the purposes of giving effect to the provisions of
this
Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
regulations may provide for all or any of the following matters, namely:a) the other functions to be performed by the State Authority under clause (d) of subsection
(2)
of
Section
7;
(b) the powers and functions of the High Court Legal Services Committee under subsection
(1)
of
Section
8A;
(c) the number, experience and qualifications of Members of the High Court Legal

Services Committee under clause (b) of sub-section (2) of Section 8A;

(d) the terms of office and other conditions relating thereto, of the Members and
Secretary of the High Court Legal Services Committee under sub-section (4) of Section
8A;
(e) the terms of office and other conditions relating thereto, of the Members and
Secretary of the High Court Legal Services Committee under sub-section (4) of Section
9;
(f) the number, experience and qualifications of Members of the High Court Legal
Services Committee under clause (b) of sub-section (2) of Section 8A;
(g) other functions to be performed by the District Authority under clause (c) of subsection
(2)
Section
10;
(h) the terms of office and other conditions relating thereto, of Members and Secretary
of the Taluk Legal Services Committee under sub-section (3) of Section 11A.
30.

Laying of rules and regulations.-

(1) Every rule made under this Act by the Central Government and every regulation
made by the Central Authority thereunder shall be laid, as soon as may be after it is
made, before each House of Parliament, while it is in session, for a total period of thirty
days which may be comprised in one session, and if, before the expiry of the session
immediately following the session or the successive sessions or in two or more
successive sessions aforesaid, both Houses agree in making any modification in the rule
or regulation, or both Houses agree that the rule or regulation should not be made, the
rule or regulation shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or annulment shall
be without prejudice to the validity of anything previously done under that rule or
regulation.
(2) Every rule made under this Act by a State Government and every regulation made
by a State Authority thereunder shall be laid, as soon as may be after it is made, before
the State Legislature.
AMENDMENT OF SECTION 12(d) OF THE LEGAL SERVICES AUTHORITIES ACT, 1987
The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995 (No. 1 of 1996) which received the assent of the President on
1st January, 1996 has amended section 12(d) of the Legal Services Authorities Act,
1987.
Section 74 of the said Act, which has amended clause (i) of section 2 of the Legal
Services
Authorities
Act,
is
to
the
following
effect:"74. Amendment of Act 39 of 1987. - In section 12 of the Legal Services Authorities
Act, 1987, for clause (d), the following clause shall be substituted, namely:"(d)
a
person
with
disability
as
defined
in
clause(i)
of
Section
Persons
with
Disabilities
(Equal
Opportunities,
Protection
of
Rights and Full Participation) Act, 1995."
Clause ( i ) of Section 2 of the Persons with Disabilities (Equal Opportunities, Protection
of Rights and Full Participation) Act, 1995, defines 'disability' as under:"(i) 'disability' means --

(
(ii)
(iii)
(iv)
(v)
(vi)
(vii) mental illness;"
MINISTRY
(

blindness;
vision;
leprosy-cured;
impairment;
disability
retardation;

low
hearing
locomotor
mental

OF
LAW,
Department

JUSTICE
of

AND
Legal

COMPANY
Affairs

AFFAIRS
)

NATIONAL LEGAL SERVICES AUTHORITY RULES 1995

1. Short title and commencement.(1) These rules may be called the National
Legal
Services
Authority
Rules,
1995.
(2) They shall come into force on the date of their publication in the Gazette of India.
2.
(a)

Definitions."Act"

In

these

means

the

rules

unless

Legal

the

context

Services

otherwise

Authorities

requiresAct,1987.

(b) "Central Authority" means the National Legal Services Authority constituted under
section
3
of
the
Act;
(c) "Member" means the Members of the Central Authority nominated under clause (c) of
sub-section
(2)
of
Section
3
of
the
Act;
(d) "Member-Secretary" means the Member-Secretary of the Central Authority appointed
under
sub-section
(3)
of
Section
3
of
the
Act;
(e) all other words and expressions used in these rules but not defined shall have the
same
meaning
assigned
to
them
in
the
Act.
3.
The number, experience and qualifications of other Members of the Central
Authority.- (1) The Central Authority shall consist of not more than twelve Members.
(2) The following shall be the ex-officio Members of the Central Authority, namely:(

i
Department
Ministry
of
Government
of

(ii)
Department
Of
Finance,

of
Govt.

of

)
Law,
India

of
Justice
or

Expenditure,
India
or

Legal
and
Company
any
of
his

in
any

the
of

his

Secretary
Affairs,
Affairs,
nominee;

Secretary,
Ministry
nominee;
and

(iii) Two Chairman of the State Legal Services Authorities as may be nominated by the

Central

Government

in

consultation

with

the

Chief

Justice

of

India.

Provided that the Patron-in-Chief of the Central Authority may nominate until the
constitution of State Authorities under the Act, Chairman of any two of the State Legal
Aid and Advice Boards or Committees, by whatever name called, existing prior to such
constitution.
(3) The Central Government may nominate, in consultation with the Chief Justice of
India, other Members from amongst those possessing the experience and qualifications
prescribed
in
sub-rule
(4)
of
this
rule.
(4) A person shall not be qualified for nomination as a Member of the Authority unless he
is
:(a)

an

eminent

person

in

the

field

of

law;

or

(b) a person of repute who is specially interested in the implementation of the Legal
Services
Schemes;
or
(c) an eminent social worker who is engaged in the upliftment of the weaker sections of
the people, including Scheduled Castes, Scheduled Tribes, women, children, rural and
urban
labour.
2. Appointment of Member-Secretary.- The Central Government shall in consultation with
the Chief Justice of India, appoint a person to be the Member-Secretary of the Central
Authority, possessing experience and qualifications as prescribed in rule 5.
5. The experience and qualifications of the Member-Secretary of the Central Authority
and his powers and functions.- A person shall not be qualified for appointment as
Member-Secretary
unless
he
is(a) an officer of the Indian Legal Services who has held a post not below the rank of
Additional
Secretary
to
the
Government
of
India;
or
(b) a Member of the State higher Judicial Service who has held the post of District Judge
atleast
for
three
years;
or
(c) an officer of other organised Central Service who has held a post of Joint Secretary to
the Government of India or equivalent for a minimum period of three years; or
(d) an officer of the organised State Services who has held a post equivalent to the Joint
Secretary to the Govt. of India for a minimum period of five years.
Preference will be given to persons possessing administrative, financial and legal aid
experience.
6.
Powers and Functions of the Member-Secretary.- The powers and functions of the
Member-Secretary,
inter
alia
shall
be
-

(a) to work out modalities of the Legal Services Schemes and programmes approved by
the Central Authority and ensure their effective monitoring and implementation
throughout
the
country;
(b) to exercise the powers in respect of administrative, finance and budget matters as
that
of
the
Head
of
the
Department
in
a
Central
Government;
(c)

to

manage

the

properties,

records

and

funds

of

the

Central

Authority;

(d) to maintain true and proper accounts of the Central Authority including checking and
auditing
in
respect
thereof
periodically;
(e) to prepare Annual Income and Expenditure Accounts and Balance Sheet of the
Central
Authority;
(f) to liaise with the social action groups and the State Legal Services Authorities;
(g) to maintain up-to-date and complete statistical information, including progress made
in the implementation of various Legal Services Programmes from time to time;
(h) to process project proposals for financial assistance and issue Utilisation Certificates
thereof;
(i) to convene Meetings/Seminars and Workshops connected with Legal Services
Programmes
and
preparation
of
Reports
and
follow-up
action
thereon;
(j) to produce video/documentary films, publicity material, literature and publications to
inform general public about the various aspects of the Legal Services Programmes; and
(k) to perform such other functions as may be expedient for efficient functioning of the
Central
Authority.
7. The terms of office and other conditions relating thereto, of Members and MemberSecretary of the Central Authority.(1) The Members of the Central Authority
nominated by the Central Government under sub-rule(3) of rule 3, shall hold office for a
term of two years and a retiring Member shall be eligible for renomination for not more
than
one
term.
(2)
A Member of the Central Authority nominated by the Central Government under
sub-rule(3) of rule 3 may be removed by the Central Government if in the opinion of the
Central Government, it is not desirable to continue him as a Member.
(3) If any Member nominated under sub-rule (3) of rule 3 ceases to be Member of the
Central Authority, for any reason such as resignation or death, the vacancy shall be filled
up in the same manner as the original nomination and the person so nominated shall
continue to be a Member for the remaining term of the Member in whose place he is
nominated.
(4) All Members nominated under sub-rule(3) of rule 3 shall be entitled to payment of
travelling allowance and daily allowance in respect of journeys performed in connection

with the work of the Central Authority and shall be paid by the Central Authority in
accordance with the rules as are applicable to Grade 'A' officers, as amended from time
to
time.
(5) If a nominated Member is a government employee, he shall be entitled to only one
set of travelling allowance and daily allowance either from his parent department, or, as
the
case
may
be,
from
the
Central
Authority.
(6)
the

The Member-Secretary shall hold office for a term not exceeding five years or till
age
of
62
years,
whichever
is
earlier.

(7)
In all matters like pay, allowances, benefits and entitlements, the MemberSecretary shall be governed by rules as are applicable to the persons holding equivalent
posts
in
the
Central
Government.
(8) If an officer of the State Higher Judicial Service, or, as the case may be, of other
organised Central/State Services, is appointed as Member-Secretary he shall be
governed by the service conditions of his parent cadre, in so far as disciplinary matters
are
concerned.
(9)

The appointment of the Member-Secretary may be on deputation basis.

8.
The number of officers and other employees of the Central Authority.-The Central
Authority shall have such number of officers and other employees for rendering
secretarial assistance and for its day to day functions as are set out in Schedule to these
rules or as may be notified by the Central Government from time to time.
9.
The conditions of service and the salary and allowances of officers and other
employees of the Central Authority under sub-section (6) of section 3.-The officers and
other employees of the Central Authority shall be entitled to draw pay and allowances in
the scale of pay indicated against each post in the Schedule to these rules or at par with
the
Central
Government
employees
holding
equivalent
posts.
(2) In all matters like age of retirement, pay and allowances, benefits and entitlements
and disciplinary matters, the officers and other employees of the Central Authority shall
be governed by the Central Government as are applicable to persons holding equivalent
posts.
(3) The officers and other employees of the Central Authority shall be entitled to such
other facilities and benefits as may be notified by the Central Government from time to
time.
10. The number, experience and qualifications of Members of the Supreme Court Legal
Services Committee under clause (b) of sub-section (2) of section 3A. - (1) The Supreme
Court Legal Services Committee shall consist of not more than nine Members.
(2) The following shall be the ex-officio Members of the Supreme Court Legal Services
Committee:(i

Attorney

General

of

India;

(ii) Additional Secretary in the Department of Legal Affairs, Ministry of Law, Justice and
Company
Affairs,
Government
of
India
or
his
nominee;
(iii) Additional Secretary in the Department of Expenditure of the Ministry of Finance,
Government
of
India
or
his
nominee;
and
(iv)

Registrar

General

of

the

Supreme

Court

of

India.

(3)
The Central Government may nominate, in consultation with the Chief Justice of
India, other Members from amongst those possessing the qualification and experience
prescribed
in
sub-rule(4)
of
this
rule.
(4)
(a)

A person shall not be qualified for nomination as a Member unless he isan

eminent

person

in

the

field

of

law;

or

(b) a person of repute who is specially interested in the implementation of the Legal
Services
Schemes;
or
(c) an eminent social worker who is engaged in the upliftment of the weaker sections of
the people including Scheduled Castes, Scheduled Tribes, women, children, rural and
urban
labour.
11.
The experience and qualifications of Secretary of the Supreme Court Legal
Services Committee under sub-section (3) of section 3A. - A person shall not be qualified
for
appointment
as
Secretary
unless
he
is
(a) an officer of the Supreme Court Registry not below the rank of Joint Registrar; or
(b) officer of the rank of Director from the Central Government, possessing a degree of
Law.
12. The upper limit of annual income of a person entitling him to legal services under
clause (h) of section 12, if the case is before the Supreme Court.- Any citizen of India
whose annual income from all sources does not exceed Rs.50,000/-(Rupees Fifty
Thousand) shall be entitled to legal services under clause (h) of section 12 of the Act.
13. The experience and qualifications of other persons of the Lok Adalats organised by
the Supreme Court Legal Services Committee specified in sub-section(3) of section 19.A person shall not be qualified to be included in the Lok Adalat unless he is(a)

member

of

the

legal

profession;

or

(b) a person of repute who is specially interested in the implementation of the Legal
Services
Schemes
and
Programmes;
or
(c) an eminent social worker who is engaged in the upliftment of the weaker sections of
the people, including Scheduled Castes, Scheduled Tribes, women, children, rural and
urban labour.

Legal Services Authority -a brief note.

Legal Services Authorities Act 1987 was enacted to constitute

Legal Services
Authorities for providing free and competent legal services to weaker sections of the
society to ensure that opportunities for securing justice were not denied to any citizen by
reason of economic or other disabilities and to organize Lok Adalat to ensure that the
operation of the legal system promoted justice on a basis of equal opportunity.
Access to Justice for all is the motto of the Legal Services Authorities
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 9th of November, 1995 after certain amendments were introduced therein by the
Amendment Act of 1994. Hon. Mr. Justice R.N. Mishra the then Chief Justice of India
played a key role in the enforcement of the Act
National Legal Services Authority (NALSA)
National Legal Services Authority was constituted on 5th December, 1995. His Lordship
Hon. Dr. Justice A.S. Anand, Judge, Supreme Court of India took over as the Executive
Chairman of National Legal Services Authority on 17the July, 1997. Soon after assuming
the office, His Lordship initiated steps for making the National Legal Services Authority
functional. By February, 1998 the office of National Legal Services Authority became
properly functional for the first time
Criterion
for
providing
legal
aid:
Section 12 of the Legal Services Authorities Act, 1987 prescribes the criteria for giving
legal services to the eligible persons. Section 12 of the Act reads as under:Every person who has to file or defend a case shall be entitled to legal services under
this
Act
if
that
person
is

(a)
a
member
of
a
Scheduled
Caste
or
Scheduled
Tribe;
(b) a victim of trafficking in human beings or begar as referred to in Article 23 of the
Constitution;
(c)
a
woman
or
a
child;
(d)
a
mentally
ill
or
otherwise
disabled
person;
(e) a person under circumstances of undeserved want such as being a victim of a mass
disaster, ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster;
or
(f)
an
industrial
workman;
or
(g) in custody, including custody in a protective home within the meaning of clause (g) of
section 2 of the Immoral Traffic (Prevention) Act, 1956 (104 of 1956); or in a juvenile
home
within
the
meaning
of
clause.
(j) of section 2 of the Juvenile Justice Act, 1986 (53 of 1986) or in a psychiatric hospital
or psychiatric nursing home within the meaning of clause (g) of section 2 of the Mental
Health
Act,
1987
(14
of
1987);
or
(h) in receipt of annual income less than rupees nine thousand or such other higher
amount as may be prescribed by the State Govt., if the case is before a court other than

the Supreme Court, and less than rupees twelve thousand or such other higher amount
as may be prescribed by the Central Govt., if the case is before the Supreme
Court.(Rules have already been amended to enhance this income ceiling).
According to section 2(1) (a) of the Act, legal aid can be provided to a person for a case
which includes a suit or any proceeding before a court. Section 2(1) (aaa) defines the
court as a civil, criminal or revenue court and includes any tribunal or any other
authority constituted under any law for the time being in force, to exercise judicial or
quasi-judicial functions. As per section 2(1)(c) legal service includes the rendering of
any service in the conduct of any case or other legal proceeding before any court or
other authority or tribunal and the giving of advice on any legal matter.
Legal Services Authorities after examining the eligibility criteria of an applicant and the
existence of a prima facie case in his favour provide him counsel at State expense, pay
the required Court Fee in the matter and bear all incidental expenses in connection with
the case. The person to whom legal aid is provided is not called upon to spend anything
on the litigation once it is supported by a Legal Services Authority
Hierarchy of Bodies created under the Act:
A nationwide network has been envisaged under the Act for providing legal aid and
assistance. National Legal Services Authority is the apex body constituted to lay down
policies and principles for making legal services available under the provisions of the Act
and to frame most effective and economical schemes for legal services. It also disburses
funds and grants to State Legal Services Authorities and NGOs for implementing legal aid
schemes and programmes.
In every State a State Legal Services Authority is constituted to give effect to the policies
and directions of the Central Authority (NALSA) and to give legal services to the people
and conduct Lok Adalats in the State. State Legal Services Authority is headed by the
Chief Justice of the State High Court who is its Patron-in-Chief. A serving or retired Judge
of the High Court is nominated as its Executive Chairman.District Legal Services
Authority is constituted in every District to implement Legal Aid Programmes and
Schemes in the District. The District Judge of the District is its ex-officio Chairman.
Taluk Legal Services Committees are also constituted for each of the Taluk or Mandal or
for group of Taluk or Mandals to coordinate the activities of legal services in the Taluk
and to organise Lok Adalats. Every Taluk Legal Services Committee is headed by a senior
Civil Judge operating within the jurisdiction of the Committee who is its ex-officio
Chairman..
Supreme Court Legal Services Committee:
The Central Authority shall constitute a Committee to be called the Supreme
Court Legal Services Committee for the purpose of exercising such powers and
performing such functions as may be determined by regulations made by the Central
Authority.
NALSA is laying great deal
Almost all the State Legal
NGOs through whom legal
flung areas in the country.

of emphasis on legal literacy and legal awareness campaign.

Services Authorities are identifying suitable and trustworthy
literacy campaign may be taken to tribal, backward and farThe effort is to publicise legal aid schemes so that the target

group, for whom Legal Services Authorities Act has provided for free legal aid, may come
to know about the same and approach the concerned legal services functionaries.
NALSA has also called upon State Legal Services Authorities to set up legal aid cells in
jails so that the prisoners lodged therein are provided prompt and efficient legal aid to
which they are entitled by virtue of section 12 of Legal Services Authorities Act, 1987
Kerala State Legal Services Authority (KELSA):
Kerala State Legal Services Authority (KELSA) is constituted to give effect to the policies
and directions of the Central Authority (NALSA) and providing legal aid to poor, weak
and the marginalized sections of the society for establishing their constitutional and legal
rights. Many path breaking programmes likelegal literacy classes at School and College
levels and for Womens Self Help Groups Kudumbashree are being conducted

It has legal aid panels of senior advocates, junior advocates and lawyers specialized in
various fields. The panels of lawyers are maintained by State Authority, HCLSC, District
Legal Services Authorities, and Taluk Legal Services Committees. These lawyers are
rendering legal aid to those who are in need of legal assistance. They are also giving
classes in various training programmes and school and college level literacy
programmes.
The District Judges of 14 districts are officiated as Chairmen of District Legal Services
Authorities (DLSAs) and 63 Taluk Legal Service Committees are being officiated by the
senior most Judicial Officers of the respective centres for fulfilling the objectives of the
Legal Services Authorities Act. In addition to this High Court Legal Services Committee
is conducting regular Adalat on all working days.
Permanent Lok Adalat has started functioning at Thiruvananthapuram and Ernakulam
under the Legal Services Authorities Act with respect to the Public Utility Services.