Issue-April 2014 - Haryana State Legal Services Authority

Newsletter
Issue - April, 2014
Patron-in-Chief
Hon’ble Mr. Justice Sanjay Kishan Kaul
Chief Justice, High Court, Punjab & Haryana
Executive Chairman
Hon’ble
Hon’ble Mr.
Mr. Justice
Justice Satish
Satish Kumar
Kumar Mittal
Mittal
Judge, High Court, Punjab & Haryana
Member Secretary
Deepak Gupta
2nd Floor New Block, Old District Courts Complex, Sector-17, Chandigarh-160017
Tel.No./Fax No. : 0172-2770055, Toll Free No.1800-180-2057
Website : www.hslsa.nic.in E-mail : [email protected], [email protected]
Addl. Distt & Sessions Judge-cumOSD
Vikram Aggarwal
Joint Member Secretary
Sunil Chauhan
HARYANA STATE LEGAL SERVICES AUTHORITY
MEGA LOK ADALAT SETTLES 31,569 CASES
IN THE STATE OF HARYANA
“.. to be poor, in this land of daridranarayana , is no crime and to recover
debts by the procedure of putting one in prison is too flagrantly violative of
Article 21 unless there is proof of the minimal fairness of his wilful failure to
pay inspite of his sufficient means and absence of more terribly pressing claims
on his means such as medical bills to treat cancer or other grave illness.. ”
A total of 31,569 cases were settled
before Lok Adalats in the entire State of
Haryana in the Mega Lok Adalat drive, which
concluded on 12/04/2014.
A sum of
`8,66,42,246/- was
awarded as
compensation to the victims of Motor
Accidents and fine to the tune of `99,40,201/was realized in the petty offences. The said
drive was held across the State of Haryana.
The cases settled through the Lok Adalat
Mr. Justice S.K.Mittal, Judge, Pb&Hry., High Court-cumincluded criminal cases (compoundable Hon’ble
Executive Chairman, HALSA at Mega Lok Adalat, Gurgaon
cases and cases of minor offences, which
could be settled out of court), Negotiable
Instruments Act cases, bank recovery cases, civil suits, motor accident claims, labour
matters, family matters and other cases. Pre-litigation stage cases were also entertained in
the Mega Lok Adalat. The main object of the Mega Lok Adalat was to ensure speedy justice
to the litigants. The Mega Lok Adalat has helped in reducing back log of cases, and has
achieved its goal by settling the maximum number of cases in the State and created
awareness about Alternative Dispute Resolution.
Glimpses of Mega Lok Adalat
(Justice Krishna Iyer in Jolly George
Varghese vs. Bank of Cochin, AIR 1980 SC 470)
Ambala
Karnal
Rohtak
Kurukshetra
STATEMENT SHOWING THE CASES TAKEN UP AND SETTLED IN
THE MEGA LOK ADALAT FROM 1.4.2014 TO 12.4.2014
District
Taken up
Settled
MACT
Compensation
SPECIAL LEGAL LITERACY CAMP DURING NAVRATRA MELA
Decreetal Amount
Ambala
2319
1223
37
9623500
2048701
Bhiwani
3900
1275
14
3751000
29100
Faridabad
2036
1361
2
1224846
6486497
Fathehabad
2006
751
9
1040000
0
Gurgaon
7569
4314
14
2037000
1270330
Nuh
487
107
7
1360000
0
Hissar
5200
3242
7
1718000
7845382
Jhajjar
2158
1242
15
6581000
7336810
Jind
12992
2861
13
3238000
4949003
Kaithal
2342
1143
14
2600000
923710
Kurukshetra
1977
1170
30
11997000
0
Karnal
4220
2115
28
6342900
2365719
Narnaul
1190
476
15
1638000
3500
Panipat
1800
451
26
7100000
75254
Panchkula
3563
2091
4
70000
2000
Palwal
1368
825
8
710000
35000
Rewari
2410
1071
35
10183000
0
Rohtak
2660
1741
26
10537000
142985
Sirsa
2927
1625
1
250000
78694
Sonipat
2007
1185
13
1125000
25013622
Jagadhari
2924
1300
14
3516000
30000
Total
68055
31569
332
86642246
58636307
A Special Legal Literacy Camp
was organized during Navratras at Mata
Mansa Devi Temple Complex from
31.03.2014 to 08.04.2014. The Legal
Literacy Camp at Mata Mansa Devi
Temple evoked enthusiastic response
from the visitors who flooded the camp.
They not only got legal awareness, but
also sought redressal of their problems.
Panel lawyers and Para Legal
Volunteers rendered their services at the camp. Books and pamphlets were
also distributed to spread legal
awareness. Students of different
schools also participated. Hon'ble Mr.
Justice S.K.Mittal, Judge, Pb&Hry.,
High Court-cum-Executive Chairman,
Haryana State Legal Services
Authority also visited the said stall.
Law students also participated in this
Hon’ble Mr. Justice S.K.Mittal, Judge, Pb&Hry., High Court-cumStudents of Legal Literacy
Executive Chairman, HALSA at Special Legal Literacy Camp, Panchkula camp.
Clubs also took part in drawing and
essay competition. In the said camp,
flex banners, reflecting the
fundamental duties, as contained in the
Constitution of India, and provisions of
various laws
such as The
Maintenance of Parents and Senior
Citizens Act,2007, Prohibition of
Child Marriage Act 2006 etc were
displayed to educate the public.
HMJ S.K.Mittal, Judge, Pb&Hry., High Court-cumLaw Students at the Camp
Executive Chairman, HALSA interacting with Law Students
LEGAL LITERACY CAMP AT SHEETLA MATA MANDIR
AT GURGAON
District legal Services Authority,
Gurgaon organized a Special Literacy
Camp for a month at the Sheetla Mata
Mandir. A legal awareness stall was put
up on 18/3/2014 it continued for almost
a month with the aim to spread
maximum legal literacy amongst the
masses. It was a huge success as lakhs
of people visited Sheetla Mata Mandir
during the occasion of Chaitra Puja,
Navratras & Poornima. They were told
about various important provisions of
various laws. They were guided about the role of DLSA working under the aegis of
HALSA & NALSA. 2346000 number of persons visited the camp. Books and
pamphlets were also distributed to spread legal awareness.
was presided over by Hon'ble Justice Daya
Choudhary, Judge, Punjab & Haryana High
Court. This apart, Sh. Jagdeep Jain,
Learned District & Sessions Judge-cumChairman DLSA, Rewari, all other Judicial
O f f i c e r s , D e p u t y C o m m i s s i o n e r,
Superintendent of Police, Panel Advocates
and Para Legal Volunteers were also
present in the said seminar. The students
of Government Girls College, Rewari also
took part in the same.
LEGAL LITERACY CAMPS THROUGH MOBILE VAN
Legal Literacy camps through Mobile Van were organized by
District Legal Services
Authority, Sonepat
from 01.04.2014 to
15.04.2014. The idea
behind the said literacy
camps was to visit the
remotest areas of the
district, and to spread
legal literacy amongst
the masses.
BUS SERVICE STARTED DUE TO THE EFFORTS OF
DLSA, MEWAT AT NUH
SPECIAL LEGAL LITERACY SEMINAR ON
FEMALE FOETICIDE AT REWARI
On 28.03.2014, District
Legal Services Authority, Rewari in
Association with Indian Medical
Association, Rewari & Lions Club,
Rewari organized a Special Seminar
on female foeticide under the title
“Save the Girl Child”. The said seminar
There was no regular bus service to the new Court Complex
compound at Nuh. The residents of the area gave an application in this
regard to the DLSA, Mewat. DLSA Mewat at Nuh took up the matter with
GM Roadways, Mewat as Right to life is not confined to mere animal
existence. Now, bus service has been started by Haryana Roadways
Department daily from 9:30 am to 5:00 PM. It has provided great relief to
the residents of the area.
SPECIAL LEGAL LITERACY CAMPS ON PRE-CONCEPTION & PRE-NATAL
DIAGNOSTIC TECHNIQUES (PROHIBITION OF SEX SELECTION ACT)
In order to sensitize the general public towards the offences against women
and female foeticide Special Legal Literacy Camps were organized by DLSA,
Bhiwani, Hissar, Palwal and Panipat on the topic of Pre-conception and Pre-natal
Diagnostic Techniques (Prohibition of Selection) Act-1994, in which besides the
legal provisions contained in the Act, the punishments of the offences were also
discussed in detail in order to prevent the public from indulging in these offences.
Sessions trials was given by Sh.
Rajesh Garg, Ld. Additional District &
Sessions Judge, Panchkula. Sh.
R.K.Sondhi, Ld. D&SJ-cumChairman, DLSA, Panchkula, in his
lecture, said that great responsibility
lies upon the shoulders of panel
lawyers to take Legal Services
Authority to new heights .
VISIT TO SHELTER HOME/OBSERVATION
HOME/OLD AGE HOME
Bhiwani
Palwal
Hansi (Hissar)
As per the direction issued by Haryana State Legal Services Authority, District and
Sessions Judges-cum-Chairperson of all the District Legal Services Authorities along with
CJM-cum-Secretary of their Authorities and other panel Advocates have been making
regular visits to the Shelter Homes for under privileged and differently abled persons
including children homes.
During their visits, they give patient hearing to the grievances and problems faced by
the inmates and all efforts are made to solve their problems and to ensure that they are
provided with the humane environment with all the basic facilities required to lead a dignified
life.
Kurukshetra
Karnal
Faridabad
Gurgaon
Panipat
ORIENTATION/WORKSHOP FOR PANEL LAWYERS
An orientation programme was held by DLSA, Panchkula for panel
lawyers. In the said Orientation Programme, the panel lawyers were
apprised qua the provisions of The Maintenance of
Parents and Senior Citizens Act 2007. This apart a lecture on
AWARENESS CAMPAIGN
LIFE IS PRECIOUS………. OBEY TRAFFIC RULES
LIVE SAFE HELD BY DLSA PANIPAT
The Chief Judicial Magistratecum-Secretary, DLSA Panipat,
organized the awareness
programme “Life is Precious ….
Obey Traffic Rules Live Safe. It
was organized in four phases. The
focus of the said project was to
apprise the drivers and public about
the need to obey the traffic rules in
order to avoid accidents. GM
Roadways was also told to give
necessary directions to the drivers of Haryana Roadways Buses qua
traffic rules. A discourse on Motor Vehicle laws was also organized for
the truck drivers. Interaction was done with the truck drivers , auto
rickshaw drivers and various other persons.
SPECIAL TRAINING PROGRAMME FOR PARA LEGAL
VOLUNTEERS BY DLSA JIND
A special training
programme was convened on
22.04.2014 by DLSA Jind for the
Para Legal Volunteers. PLVs were
educated about the challenges
faced by single women. They were
encouraged to identify the single
women, so that requisite legal help
may be provided to them within the
ambit of law.
SPECIAL LEGAL
LITERACY CAMPS
BY DLSA AMBALA
On 18.4.2014, a
Special Legal Literacy
Camp/seminar was
organized at Government
College for Girls, Ambala.
The said seminar was
attended by more than 150 students and faculty/staff members of the
college. Lectures were given on Right to Information Act, benefits of
Permanent Lok Adalat for
Public Utility Services and
Protection of women from
Domestic Violence Act,
2005.
On 22.4.2014, a
Special Legal Literacy
Seminar was organized
by DLSA, Ambala. It was
attended by about 165
Principals of various
Secondary Schools and
Senior Secondary
Schools of district
Ambala. Guidelines were
given on the functioning of
the Legal Literacy Clubs
in the schools. This apart,
various provisions of the law such as Maintenance and Welfare of
Parents Senior Citizens Act, 2007 and the Child Labour Prohibition and
Abolition Act, 1986 were told to them.
India. The Chief Judicial Magistrate-cum-Secretary, District Legal
Services Authority, Kaithal addressed the gathering consisting of
students, teachers and village elders.
On 24.4.2014, a Special Legal Literacy Camp/Seminar was
organized at Kalpana Chawla Government polytechnic for Women,
Ambala City. Students were apprised in simple language about various
sections of IPC relating to crime against children and women.
On 28.4.2014, District Legal Services Authority, Bhiwani
organized an essay competition on Fundamental Duties at Bal Bhawan
School and Government School, Ajitpura. The Chief Judicial
Magistrate-cum-Secretary, District Legal Services Authority, Bhiwani
also addressed the gathering of students and teachers on the
significance of Fundamental Duties.
AWARENESS DRIVE BY DLSA BHIWANI ABOUT
THE RIGHTS OF TRANSGENDERS
On 26.4.2014, the CJM-cum-Secretary, DLSA, Bhiwani held
special camps to spread
awareness about the rights of
transgenders. Para-legal
volunteers and panel advocates
were also apprised about the
judgement dated 15.4.2014 of the
Hon'ble Supreme Court in the Writ
petition titled as National Legal
Services Authority versus Union
of India and others. A special camp was also held Bal Bhawan school
Bhiwani. This apart, a camp was also held at Jeetuwala Johad Colony,
Bhiwani, where transgenders reside. They were made aware about
their various rights .
AWARENESS ABOUT FUNDAMENTAL DUTIES
On 28.4.2014, a Legal Awareness Camp was organized by
District Legal Services Authority, Kaithal to spread awareness about the
Fundamental Duties enshrined in Article 51A of the Constitution of
SPECIAL LEGAL LITERACY CAMP HELD IN
DISTRICT JAIL, SIRSA
Legal literacy camp at District Jail, Sirsa
On 26.4.2014, Special Legal Literacy Camp was held by District
Legal Services Authority, Sirsa at District Jail, Sirsa. In the said camp,
prisoners were apprised about their rights, eligibility criteria for getting
free legal aid under the Legal Services Authority Act, 1987.
Special Legal Literacy Camp at District Jail Palwal was also
organized by District Legal Services Authority, Palwal on 26.4.2014.
Prisoners were apprised about various provisions of the Prisons Act,
1894 and the Prisoners Act, 1900.
LEGAL AWARENESS CAMPS CONDUCTED
THROUGH BOLERO VAN
SOME RECENT JUDGMENTS OF THE SUPREME COURT OF INDIA
Legal Awareness camps were conducted through Bolero van
from 1.4.2014 to 13.4.2014 by District Legal Services Authority, Gurgaon.
In National Legal Services Authority Versus Union of India and others (WRIT
PETITION (CIVIL) NO.400 OF 2012 ) decided on 15/4/2014, the Hon'ble Supreme
Court , inter-alia, held as follows:
TRANSGENDER TO BE TREATED AS THIRD GENDER
(1)
Hijras, Eunuchs, apart from binary gender, be
treated as “third gender” for the purpose of safeguarding their
rights under Part III of our Constitution and the laws made by
the Parliament and the State Legislature.
Legal Awareness Camps were conducted through Bolero Van
by District Legal Services Authority, Faridabad from 16.4.2014 to 30.4.2014.
On 16.4.2014, The Chief Judicial Magistrate-cum-Secretary, District Legal
Services Authority, Faridabad addressed the gathering on one of such camps
at Government Sr. Secondary School, Village Ladhali, Faridabad.
LEGAL LITERACY CAMP
Legal Literacy Awareness camp was organized in Om Shanti Retreat
Centre, Village Bharakalan, Gurgaon on 30.3.2014 by District Legal Services
Authority, Gurgaon. It was attended by students of Legal Literacy Club of
Lord Jesus School Gurgaon. Parents of the students also attended the said
camp. The Chief Judicial Magistrate-cum-Secretary, District Legal Services
Authority, Gurgaon addressed and apprised the gathering about the various
provisions of PCPNDT Act and Protection of Women from Domestic Violence
Act. Nukkar Natak on female foeticide was also performed on this occasion.
(2)
Centre and State Governments should also take
steps for framing various social welfare schemes for their
betterment.
(3)
Centre and the State Governments directed to
take steps to treat them as socially and educationally
backward classes of citizens and extend all kinds of
reservation in cases of admission in educational institutions
and for public appointments.
STATUTORY OBLIGATION OF HOSPITALS TO PROVIDE FIRST
AID/MEDICAL TREATMENT FREE OF COST TO VICTIMS OF
CERTAIN OFFENCES
In SUO MOTU WRIT PETITION (CRIMINAL) NO. 24 OF 2014 decided on
28/3/2014, the Hon'ble Supreme Court observed as follows:
All hospitals, public or private, whether run by the
Central Government, the State Government,
local bodies or any other person, are statutorily
obligated under Section 357C to provide the firstaid or medical treatment, free of cost, to the
victims of any offence covered under Sections
326A, 376, 376A, 376B, 376C, 376D or Section
376E of the IPC.
STATISTICAL INFORMATION IN THE STATE OF HARYANA
NO. OF CASES SETTLED IN LOK ADALAT, DAILY LOK ADALAT, RURAL LOK ADALAT, MEDIATION &
CONCILATION CENTRES AND MACT IN EACH DISTRICT (MARCH, 2014)
STATEMENT SHOWING THE PROGRESS OF THE ACTIVITIES UNDERTAKEN BY HARYANA
STATE LEGAL SERVICES AUTHORITY (MARCH, 2014)
NO. OF CASES DISPOSED OFF
MACT
MEDIATION
(March, 2014)
NO. OF CASES DISPOSED IN THE PERMANENT LOK ADALAT (PUBLIC UTILITY SERVICES)
District
Pending Fresh
Cases
Cases
Settled
Inst.
Tran.
Postal
Supply of Public
Power
Hospital Insurance
Cons.
987
369
67
-
1
-
-
-
-
66
-
1289
Bhiwani
1492
107
77
1
6
3
1
-
7
58
1
1522
Fatehabad
324
29
68
-
-
3
-
-
3
61
1
285
Faridabad
589
56
83
-
11
8
2
-
10
45
7
562
-
Hissar
570
292
58
67
73
33
-
1
1
9
-
-
2
-
47
-
No. of Cases
Taken up
Daily
Lok Adalat
Lok Adalat
/RLA
Total
Cases
settled
Amount
award
No.of settled No.of connected
cases
cases settled
Banking Housing Pendency
Ambala
Gurgaon
District
2
32
12
-
Ambala
2545
2222
152
2374
13
2725000
5
0
Bhiwani
977
428
41
469
8
1140000
2
Faridabad
1863
880
416
1296
19
7410000
20
1
Fatehabad
158
71
22
93
2
950000
7
0
Gurgaon
5409
2780
141
2921
4
225000
22
3
Hissar
1560
1272
78
1350
5
561937
1
0
Jhajjar
226
33
78
111
2
0
0
0
Jind
192
54
62
116
1
0
7
0
K.kshetra
408
77
6
83
3
0
3
0
Karnal
4929
1279
1189
2468
14
2010000
11
0
Kaithal
267
48
22
70
1
0
8
0
Narnaul
575
137
5
142
1
0
2
0
Nuh
222
160
0
160
8
0
1
0
Palwal
657
121
57
178
22
2586000
0
0
Panipat
658
158
87
245
13
1040000
1
0
Panchkula 481
177
0
177
16
0
11
0
Rewari
575
438
0
438
5
45000
0
4
Rohtak
817
507
131
638
4
0
20
0
Sonipat
273
153
68
221
3
0
19
0
0
555
326
Jind
455
55
81
-
2
1
5
-
6
67
-
429
Jhajjar
87
112
34
-
-
-
-
-
-
34
-
165
Karnal
1181
436
24
-
1
2
-
-
2
18
1
1593
Kaithal
216
100
103
-
88
3
-
-
2
10
-
213
Kkr
1371
590
54
-
12
-
-
-
-
42
-
1907
Nuh
106
20
36
-
-
8
1
1
25
1
-
90
Narnaul
274
126
122
-
109
-
-
-
-
13
-
278
Palwal
171
28
30
-
-
-
2
-
4
24
-
169
Pkl
523
1621
101
-
100
-
-
-
-
1
-
2043
Panipat
401
135
69
-
3
4
-
-
1
61
-
467
Rohtak
726
41
100
5
-
4
2
-
3
85
1
616
Rewari
618
31
115
-
79
9
1
-
-
26
-
534
Sirsa
482
42
54
-
-
8
-
-
8
34
4
470
Sonipat
401
65
38
-
23
4
-
-
3
8
-
428
Sirsa
424
118
44
162
0
0
8
0
Y.Nagar
678
19
68
-
61
-
1
-
1
5
-
629
Y.Nagar
2111
1142
122
1264
4
850000
41
0
Total
11944
4107
1430
6
498
66
15
3
122
693
27
14570
Total
25327
12255
2721
14976
148
19542937
189
89
NO. OF LEGAL AID BENEFICIARIES IN COURT BASED LEGAL SERVICES, IN LEGAL
AID CLINICS AND NO. OF LITERACY PROGRAMMES ORGANIZED IN EACH
DISTRICT IN THE STATE OF HARYANA (MARCH, 2014)
District
Beneficiaries
in Court Based
Legal Services
Legal Aid Clinic
Application
Beneficiary
Literacy Programme
No.of Seminar
Beneficiary
Ambala
106
1014
1014
15
1487
Bhiwani
35
585
585
13
571
Faridabad
73
4211
4211
5
2915
Fatehabad
7
914
882
14
555
Gurgaon
45
183
183
37
10565
Hissar
32
3133
2944
22
31945
Jhajjar
9
326
310
5
192
Jind
8
492
492
19
1886
Kurukshetra
15
148
148
8
356
Karnal
73
95
62
9
122
Kaithal
39
1558
1558
10
420
Narnaul
13
866
866
18
655
Nuh
19
19
19
3
90
Palwal
8
847
847
11
489
Panipat
26
305
305
22
2330
Panchkula
31
229
229
25
1580
Rewari
20
70
70
10
409
Rohtak
45
330
330
8
588
Sonipat
31
1152
1152
15
1014
Sirsa
14
1116
1116
4
185
Y.Nagar
29
17
17
19
761
High Court Legal
Ser. Committee
Total
54
-
-
-
737
17610
292
59115
17290
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