From

Gokul D, LLB
Government Law College,
Villupuram.

To

The Chairperson,
DLSA,
Villupuram.

Respected Madam,

Subject: Submission of Internship report with the guidance of

our college Principal – Reg.

I am doing graduate in Law at Government Law College,

Villupuram. I have attended the fifteen days internship program (from 20-12-
2017 to 03-01-2018) which was organized by District Legal Service Authority,
Villupuram on behalf of NALSA.

I have gained more knowledge of Legal Service Authority, Court

Proceedings, Juvenile Justice Board, Family Welfare Committee and Lok
Adalat by attended the Internship Program. It was very useful and helpful for
me to gain more knowledge. I have drafted and attached my day to day
activities and responsibility as a report with guidance of our Principal with this
covering letter. I am very thankful to DLSA for giving a precious opportunity
to attend the Internship program.

Thanking you,

Yours faithfully,

(Gokul D)
Place: Villupuram

Date: 03-01-2018
 DISTRICT LEGAL SERVICE AUTHORITY,
VILLUPURAM

NALSA WINTER INTERNSHIP PROGRAMME FOR

LAW COLLEGE STUDENTS
(20-12-2017 to 03-01-2018)

INTERNSHIP REPORT

Gokul D, B.E., LLB‾.,

Government Law College,
Villupuram.
 ABSTRACT

The National Legal Services Authority (NALSA) as constituted under The

Legal Services Authority Act, 1987 aims to provide free legal aid to the
weaker sections of the society and also amicable settlement of disputes
through Lok Adalats. This report encompasses the archival formation of
NALSA, its working and functions and most importantly its role in the modern
era. The report also provides the detailed overview of my internship at DLSA
Villupuram on behalf of NALSA about My day-to-day responsibilities, work,
observation, courts and sub jail visits, research etc.
DAY 1 (20-12-2017):
Welcome ceremony of NALSA internship program was well
organized by District Legal Service Authority (DLSA), Villupuram which was
headed by
 Mahila court –
Hon’ble Tmt.J.Juliet Pushpa,B.Sc.,M.L.,
Sessions Judge, Villupuram.
 Special Sub Court No.II –
Hon’ble Tr.S.Uthamaraj,B.A.,B.L.,
Special Sub Judge-II (MCOP), Villupuram.
 DLSA Secretary –
Hon’ble Tmt.Uma Mageshwari

On the First day, the day was started with self introduction. After that
we were given a brief introduction about working and functions of NALSA, its
role and responsibilities and future prospects.

The dice members gave the overall view about the importance of
internship program and discussed the topics which we (students) have to
concentrate more i.e. subject such as Indian Constitution, Indian Penal Code,
Criminal procedure code, Indian Evidence Act, Personal Law.

Also explained about the different types of offence (cognizable and non-
cognizable), the punishment awarded by the court. Then briefly gave an idea
about the different types of suits and formal proceedings about the filing of
the suit with respect to their jurisdiction.

Special guest speech was given by Retired Judge Tr.Muruga Boopathi

about the importance of legal studies and tamil language.
The hierarchy of NALSA was well explained and also the overview duties
of NALSA were explained.

Introduction about Regular and pre Litigation lok adalat was explained
and the process of the Plea was observed by us.

Pre- Litigation Lok Adalat:

The ultimate aim of pre-litigation is to make compromise between the

two parties before the suit on any court. Permanent and Continuous Lok
Adalats are primarily aimed at settling disputes at pre-litigative stage and
more contentious pending matters in District courts in which the parties can
be motivated only by repeated sitting to arrive at settlement.
 Bench consists of one retired Judge, one Social Worker and One
Advocate. Mainly in pre-litigation, default in payment of loan and insurance
Pleas was compromised / settled.

Both the parties can approach pre-litigation lok adalat and they directly
negotiate the default amount. The person who is default in payment of loan
was asked to settle the amount with some reduction of interest amount. The
other party can negotiate the amount and if both accepted the amount the
Plea was compromised. If and only if the party should make a certain
payment to enter into this kind of scheme. The reasonable time period will be
given to the person for repayment amount which was compromised by pre-
litigation lok adalat.

If the party is not happy with the negotiation, and not willing to enter
into the scheme then the authorities can refer this mater to bank for their
further legal proceedings against the default.

Totally 11 pre-litigation Pleas was observed by us. Let’s discuss about

the 2 different types of Pleas.

Plea 1:

The dispute was between BANK OF INDIA and AUTO OWNER.

Bench was headed by Retired Judge Tr.Muruga Boopathi, Social worker

and Senior Advocate.

Both the parties were present. The bank officials provide the details
regarding the default in payment of auto loan amount. The notice was issued
to the concerned default person.

Totally rupee of 1,50,000 was given as loan, five years

installments(60). From Sep 2015, auto owner was not paid the due amount
and got into default list. Possession of auto is with owner of auto.

Owner of auto claim his side as, the document of auto was not yet
given to him by bankers and not even the photocopy also given. Because of
not having documents of auto, more trouble and Plea was filled. No income
from auto and having health issues. So unable to pay the full amount and
need time to repay the amount.

Bank officers accepted to reduce the amount for 45,000 in 3 months.

Auto owner denied the offer and asked for some more time (10 months).
Because of long duration, Bankers not accept the negotiation made by Auto
Owner. So, No compromise made with this Plea.

Bench advised the bank officials to give the copy of auto documents
first and referred the Plea to bank and asked to come for next hearing.

No compromise was made with this pre-litigation Plea.

Plea 2:
The dispute was between BANK OF BARODA and ELAWARASI.

Bench was headed by a Judge, Social worker and Senior Advocate.

Both the parties were present. The bank officials provide the details
regarding the default in payment of Education loan amount. The notice was
issued to the concerned default person.

Totally rupee of 46,000 was given as Education loan. There was non-
payment of due amount and got into default list. Notice was issued by bank
to come and pay the due amount to avoid inconvenience.

Elawarasi asked the bench about her non employment status and asked
to reduce the due amount.
Bank officials explain about the facts and amount details to the bench.
Finally Bank officials accept to reduce the due amount to rupees 30,000 and
accept to give three months time for repayment.

There was a negotiation of amount among both side parties. Finally the
amount accepted by both parties was rupees 28,000. Elawarasi paid the
amount of rupees 5,000 and entered the scheme. On that day itself she
makes a payment of remaining amount rupees of 23,000 and closed the
Education loan account.

The compromise was made with this Pre-Litigation Plea.

Regular Lok Adalat:

In regular Lok Adalat, it deals with the Pleas which was already suit
was made in court. Court can also suo motu can refer the matter to Lok
Adalat. Also if both the parties willing to settle up the matter in lok adalat,
they can approach the concerned court and ask for the same.

If there was a compromise held between the two parties, the

authorities pass the decree which is equal to the decree of civil court (no
appeal can be preferred).

If there was no compromise held between the two parties, the same
matter will be referred to the concerned court.

Regular Lok adalat can deal with MCOP, Divorce, and Maintenance,
Domestic violence, women and children, etc.
Plea:

MCOP Plea: 2208/2017

Petitioner ……………….Iyyappan (painter)
VS
Respondent ……………R1: Veeramuthu (owner of vehicle)
R2: The manager, ICICI Lombard general insurance Ltd.
This petition was filed under section 166 of motor vehicle Act. The
prayer and demand of the petitioner was rupees 15,00,000. This Plea was
referred to regular lok adalat for compromise.
The matter was taken by the regular lok adalat and issue date to both
the parties. Both parties were present and the negotiation of amount was
made by both the parties.
Finally both parties was accepted the amount of rupees 1,40,000 which
was included the amount of medical expenses.
Compromise made in this matter and matter got settled. The report of
settlement of this matter will be submitted to the concerned court.
There will not be any interest for amount during the time awarded by
the authority. No appeal can be performed once the matter got settled in
regular lok adalat.
If the party is not settled the amount on time, another party can
execute the suit for recovery of amount.

DAY 2 (21-12-2017):

DLSA Secretary was explained about the criminal procedure code-

procedures during FIR, Bail, Investigation and charge sheet.
Bail is the security for appearance of the accused person on giving
which he is released pending trial of his Plea before court or investigation by
police. Bail means release of accused person from custody on his undertaking
that he shall appear at the time and place as directed by the Court and/or
Police.
An accused person is entitled to Bail as of right in Plea of minor
offences. In the following Pleas the Court or the Police cannot refuse to
release accused person on Bail if he is ready to furnish the requisite Bail
bonds:-
All Pleas of person accused of Bailable offences [Section 436, Cr.P.C.]
Pleas of persons though not accused of any offence but against whom
security proceedings have been initiated.
All others Pleas of arrest and detention which are not in respect of any
non Bailable offence.
Where the charge sheet is not filed by the police within 90 days when
the investigation relates to an offence punishable with death, imprisonment
for life or imprisonment for a term of ten years or more or within 60 days
when the investigation relates to any other offence. Statutory bail[Section
167(2), Cr.P.C.]
Bailable Offence means offence which is shown as Bailable in the First
Schedule of Cr.P.C. or which is made bailable by any other law and Non
Bailable Offence means any other offence which is not a Bailable
office. [Section 2(a), Cr.P.C.]
In Plea of Bailable offence the accused has a right to be released on
Bail. But if the offence is non Bailable it does not mean that the accused
person shall not be released on Bail. In such Pleas Bail is not a matter of right
but only a privilege to be granted at the discretion of the court. The court
mayor may not grant Bail in Non Bailable offence.
The court has the discretion in granting Bail in Non Bailable Pleas.
However there are certain principles which guide the court in granting Bail.
Court would look into following circumstances while granting Bail:-
• The health, age and sex of accused person.
• Whether the change is serious or minor.
• The punishment prescribed for alleged offence.
• Evidence available.
• Danger of accused running away.
• Danger to witness.
• Time required for trial.
• Circumstances in which offence has been committed.
• Position and Status of accused.
• Position and status of victim.
• Probability of accused committing more offence if released on Bail.

The court which released the person on Bail can cancel the Bail in
appropriate Pleas like:-
• If he commits the same offence again.
• If he hampers the investigation.
• If he tampers with the evidence.
• If he commits acts of violence in revenge against prosecution
witnessess.
The Hon´ble High Court and Sessions Court can order a person to be
released on Bail even before the person is arrested. Such type of Bail is called
Anticipatory Bail. [Section 438, Cr.P.C.]
Police is bound to inform you regarding your right to Bail at the time of
arrest in Plea of offences other than Non Bailable Offences. [Section 50,
Cr.P.C.]
The person who got arrested can obtain legal aid service for filing the
application for Bail.
Cognizable offence is a Plea where the Police can arrest without a
warrant. All cognizable Pleas involve criminal offences. Murder, Robbery,
Theft, Rioting, Counterfeiting etc. are some examples of cognizable offences.
 Non-cognizable offences are those criminal infractions, which are
relatively less serious. Examples of non-cognizable offences include Public
Nuisance, Causing Simple Hurt, Assault, Mischief etc. The Police cannot
register criminal Pleas or cause arrests with regard to non-cognizable
offences. In all such Pleas, the Police have to take permission from a
magistrate for registration of a criminal Plea.

The judgment of the Hon´ble Supreme Court in the Plea of D.K. Basu
V/s State of West Bengal lays down the manner in which a person can be
detained or arrested, it says:-
• The personnel making the arrest have to bear accurate, visible and
clear identification and nametag with their designations.
• The officer making the arrest has to prepare a memo of arrest at
the time of taking an individual in police custody and get it attested by at lest
one witness, who has to be either a member of the family of the arrested
person or a respectable person of the locality from where the arrest is made.
• The memo also has to be counter-signed by the person arrested
along with the time and date of arrest.
• A relative or friend of the arrested person has to be informed about
the arrest as soon as possible.
• The arrested person has to be made aware of his right ot hve
someone informed about his arrest or detention as soon as he is placed
under arrest or detention.
• An entry has to make in the diary at the place of detention about
the arrest and particulars of the relative or friend who ahs been informed.
• The arrested person has to be medically examined immediately
after the arrest if he asks for it. Therefore he has to be examined by a doctor
every 48 hours during his detention. The doctor should be on the panel of
approved doctors appointed by Director, Health Services of the concerned
State or Union Territory.
• The area Magistrate has to be informed with details about the
arrest. The accused has to be permitted to meet his lawyer during
interrogation, though not throughout the interrogation.
• A control room has to be set up at all District and State
Headquarters to give information regarding the arrest and the place of
custody of all arrested persons within 12 hours of the arrest.
• The use of handcuffs or leg chains should be avoided.

A copy of the F.I.R. has to be given free of cost to the informant.

Always ask for a copy of the F.I.R. It is your right to get a copy of F.I.R. free
of cost. [Section 154(2), Cr.P.C.]

If the police/S.H.O. does not lodge the F.I.R., an aggrieved person can
avail following remedies:-
 • The information may be sent in writing and by post, to the
Superintendent of Police (S.P.) concerned who, if satisfied that such
information discloses the Commission of a cognizable offence, shall either
investigate the Plea himself or direct an investigation to be made by an police
officer subordinate to him. [Section 154(3), Cr.P.C.]
• You can seek directions from the Court to the police to lodge an
F.I.R. [Section 156(3), Cr.P.C.]
• You can file a private complaint before the Court having jurisdiction.
[Section 190, Cr.P.C.]
• You can also make a complaint to the State Human Rights
Commission or the National or State Human Rights Commission if the police
does nothing to enforce the law.

The offence committed under section 304-A (causing death by

negligence) of IPC, Inspector of police alone can register and investigate the
F.I.R.. The offence committed under section 304-B (Dowry death) of IPC,
Assistant Commissioner or Deputy Superintendent of Police have the right to
investigate the matter. Cr.p.c section 41-A notice has to be given to
matrimonial offender by the police.

Judicial Magistrate has the exclusive power to remand the accused

person and the maximum period for remand is 15 days. Second class
magistrate has the power to remand the accused only for 7 days.
According to Cr.P.C section 436 A, it explains about the maximum
period for which an undertrial prisoner can be detained. One half of the
maximum period of imprisonment specified for that offence under that law
(except section 302 of IPC).
Cr.P.C section 173 explains about the report of police officer on
completion of investigation (Charge sheet) which contains the information
regarding the FIR, Witness statements, Evidence, Medical examination
report. The punishment period for the term of upto 2 years are known to be
summons Plea and the punishment period of more than 2 years are known to
be warrant Plea.

Court Observation:

Went to II Additional Sub Court, Villupuram was headed by Hon’ble

Tr.K.Mohan, B.B.A., B.L., II Additional Sub Judge. There we find the bench,
bar and the officials who were present inside the court premises. In very few
Pleas, the witness has been produced before the bench and statement was
recorded. And most of the Plea was adjourned by dictating the date of next
hearing.
Went to I Addlitional Sub Court, Villupuram was headed by Hon’ble
Tmt.U.Monica, M.L., I Additional Sub Judge. There was an argument of both
petitioner and respondent side.
 Petitioner (Ibrahim), learned counsel for the petitioner
(M.S.Narayanan) filled a petition under section 397 of Cr.P.C and the prayer
asking for the stay for maintenance which was passed by Tirukoilur court.

Respondent learned counsel argued the point mainly Cr.P.C section

397(2) is partly criminal and partly civil in nature. It is purely contains the
question of facts and not the question of law. And also referred the citation of
2015 (6) CPC Page 81, ask for maintenance. There should not be any abuse
of process of law and prays for need of maintenance.

Petitioners learned counsel argued the violation of law in the

maintenance decree issued by lower court; it should be reviewed and prayed
for the stay for maintenance decree issued by lower court. Also argued that
Petitioner is willing to live with his wife but the father of his wife is
threatening him and filed number of Pleas against petitioner and his whole
family members under Domestic Violence, Dowry harassment, etc.
There is no divorce is filed by respondent side and also no mediation is
also awarded by the lower court for both Domestic Violence, Dowry
harassment.
After hearing both side arguments, the bench announced the interim
stay and also the next hearing date.

DAY 3 (22-12-2017):

During morning session, we went to family court was headed by

Hon’ble Tmt.C.Thirumagal, M.L., Judge, Family Court (FAC), Villupuram.
Several Pleas was taken and called for producing the proof and documents
like ID and account Passbook. More number of Bail and Adjoined order is
awarded by the court.

During Afternoon Session, II Addlitional Sub Court, Hon’ble

Tr.K.Mohan, B.B.A., B.L., II Additional Sub Judge also past JJB Member gave
detailed information about the Juvenile Justice Board.

Juvenile Justice Board:

Notwithstanding anything contained in the Code of Criminal
Procedure, 1973, the State Government shall, constitute for every district,
one or more Juvenile Justice Boards for exercising the powers and
discharging its functions relating to children in conflict with law under THE
JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015.

A Board shall consist of a Metropolitan Magistrate or a Judicial

Magistrate of First Class not being Chief Metropolitan Magistrate or Chief
Judicial Magistrate (hereinafter referred to as Principal Magistrate) with at
least three years experience and two social workers selected in such manner
as may be prescribed, of whom at least one shall be a woman, forming a
Bench and every such Bench shall have the powers conferred by the Code of
Criminal Procedure, 1973 on a Metropolitan Magistrate or, as the Plea may
be, a Judicial Magistrate of First Class.

The purpose of a separate court is that its purpose is socio-legal

rehabilitation and reformation not punishment. The aim is to hold a child
culpable for their criminal activity, not through punishment, but counseling
the child to understand their actions and persuade them away from criminal
activities in the future. The JJB is a child-friendly space that should not be
intimidating or overwhelming for the child.

Orders passed by the JJB are not invalid only because one member was
absent. In fact, a child in conflict with law can even be produced before an
individual member when the JJB is not sitting (for instance, on a Sunday).
There are some areas when a minimum number of members must be
present. For finally deciding a Plea, or deciding that a child should be tried by
regular courts, at least 2 members must be present.
The JJB has all powers of a normal magistrate court. In addition to this,
there are several functions and responsibilities that the JJB is conferred with.
These are aimed towards making the proceedings least intimidating and
as child-friendly as possible. So, the JJB works to ensure informed consent
and participation of the child and family at each stage. It has an interpreter
or translator, and assured legal aid for children in need.
The other set of functions are aimed to ensure the protection of
children. The JJB can conduct jail visits to check if children are accidentally
lodged there. It must inspect the facilities for children at least once a month
to check on their upkeep. Similarly to the magistrate, the JJB can also order
the lodging of an FIR for offences committed against children.
The police can arrest children if they believe they have committed a
crime. Typically, police stations will have a child welfare protection officer and
in each district and city, there will be at least one special juvenile police unit.
When the police arrest a child on suspicion of committing a crime, this should
normally be done by a Special Juvenile Police Unit. If a regular police officer
arrests the child, then the child should immediately be placed under the care
of the Juvenile Police Unit, or a designated Child Welfare Police Officer.
The responsibilities of the police when they arrest juvenile were as follows

 The police cannot handcuff you or exert any force when they arrest you
[Rule 8(3)(ii), Model Rules].
 The police officer must, immediately, inform your parents or guardians.
 If they do not release you on bail, then the officer must tell them the
location of the JJB where you will be produced.
 The police officer or probation officer if there is one, is also required
to prepare a ‘Social Investigation Report’ within two weeks and
 submit it to the JJB. This contains details that would be helpful for the
JJB to make its decisions, such as your family background.

A child can never be kept in a police lockup or regular jail. The police
must bring you before the JJB within 24 hours. If the police does not release
you immediately on bail, you can only be kept in an Observation Home until
you are taken to the JJB (within 24 hours). The police are also supposed to
inform a child welfare officer who is supposed to accompany you to the JJB
for the first hearing. [Rule 8(2)(iii)]
 The JJB has the power to detain you, though, this is the exception and
the rule is bail. If the JJB decides to allow for your release on bail, your
parents or guardians are supposed to submit an undertaking in a
certain form [Form 2].
 If you are unable to satisfy the bail conditions for a week, then the JJB
is required to modify these to help you.
 The JJB may decide to deny bail if this is against your interests. For
instance, if this would bring you into contact with criminals or expose
you to moral, physical or psychological danger.
The JJ Act 2015 inserted a new scheme which divided crimes into three
categories: Petty, Serious, and Heinous.
1. Petty Offences: Crimes for which maximum punishment is
imprisonment up to 3 years. These include crimes such as assault,
causing simple hurt, theft, forgery etc.
2. Serious Offences: Crimes for which punishment between 3 to 7 years’
imprisonment. These include crimes such as attempt to commit
culpable homicide, causing grievous hurt, cheating etc.
3. Heinous Offences: Crimes for which punishment is imprisonment for 7
years or more. These include crimes such as murder, rape, dacoity, etc.
The manner in which the JJB must conduct its proceedings will now
depend on the type of the crime you have been accused of committing. Now,
the JJB must first look at the nature of the offence. Different procedures are
adopted for different kinds of offences.
 Time Limits: In all Pleas, the JJB is required to complete its inquiry
within 4 months. This may be extended to 6 months. But any inquiry
pending after 6 months expire shall be terminated in Pleas of Petty
Offences.
No automatic termination happens in Pleas of Serious or Heinous Offences –
here the courts can grant an extension even beyond 6 months.
 Different Legal Procedure: Pleas with Petty Offences are disposed of in
the same way a Summary Trial is conducted. Read about summary
trials here. Those with Serious Offences are conducted the way
Summons Pleas are tried under the Cr.P.C.
 Different rules on FIR Registration: For Petty Offences or Serious
Offences, the police are not supposed to register a FIR. They are
supposed to record it in the general diary along with the social
 background report. Only when a Heinous Offence is alleged can the
police register an FIR against a child [Rule 8(1)];
 Different Duties on Police Investigation: In Pleas of Heinous Offences,
the police must produce statements of witnesses and other documents
collected during investigation within one month from the date when the
child was first produced. Copies of these have to be given to the child
or their parents [Rule 10(5)]. In other Pleas, the police must file the
Final Report within two months from the date of information [Rule
10(6)].
 If a child is above 16 years, and is alleged to have committed a
Heinous Offence, the JJ Act allows for the proceedings to be conducted
under normal procedures like an adult and not the child-friendly
procedures of the JJ Act. To decide whether a child should be tried by
regular procedure, the JJB must conduct a ‘Preliminary Assessment’
 The Preliminary Assessment is an attempt to find out whether the child
was mature enough to understand her acts and their consequences.
The JJB can take the help of trained psychologists and experts to arrive
at its conclusions, but must complete the inquiry within 3 months.
 If the JJB passes an order to keep proceedings under the Act and not
send the Plea to the regular court, the government can appeal against
this order.

In all proceedings, the Children’s Court must ensure a child-friendly

atmosphere is maintained. It must also ensure that the child be sent to a
Place of Safety if detained during proceedings. If he/she is found guilty of a
having committing the Heinous Offence, he/she will be sent to the Place of
Safety until he/she becomes 21 years old, after which she can be sent to jail.
The child should have access to reformative services (like education, skill
development) when he/she is at the Place of Safety.
The JJ Act lists the following possible punishments that can be awarded
by the JJB for Petty Offences and Serious Offences:
 Giving the child a firm warning, letting the child go home while
simultaneously counseling the parents;
 Ordering the child to attend group counseling sessions;
 Ordering the child to perform supervised community service;
 Ordering the parents or guardians to pay fine.
 Releasing the child on probation. The parents or guardians will have to
execute a bond (up to 3 years) which may include surety and be
responsible for the child’s behavior. The responsibility can also be
handed over to a ‘fit person’ or ‘fit facility’ which is a recognized person
or government organization or NGO which is prepared to accept the
child’s responsibility.
 Sending the child to a Special Home for up to three years.
If, the JJB thinks that keeping the child in the Special Home would be
against her best interests, or other children in that home, then the child could
be sent to a Place of Safety. Do not forget that the JJ Act follows a principle
of institutionalization as last resort, meaning that these penalties are
supposed to be highly exceptional. The JJB may also pass orders directing the
child to attend school or vocational training, or preventing the child from
going to a specified place.
The JJ Act does focus on ensuring rehabilitation of juveniles. The JJB or
the Children’s Court has to develop an Individual Care Plan and monitor its
implementation. An Individual Care Plan are (explained in Rule 2(ix) of
the Model Rules, 2016) is an overall development plan addressing issues like
health and nutrition needs, emotional and educational needs. A draft for an
Individual Care Plan is provided under Form 7 of the Model Rules, 2016.
The JJ Act 2015 contains a long list of factors that help the authorities
decide who is a child in need of care and protection. The common feature
underlying these factors is vulnerability of the child:
1. A child without a settled home and without any visible means of living;
2. A child being forced to work, or beg, or live on the street;
3. A child living with an abusive or negligent person;
4. A child mentally or physically challenged, without anyone to support
her or with unfit parents or guardians supporting her;
5. A child having an unfit parent or guardian;
6. A child without parents or abandoned by her parents;
7. A runaway child, whose parents cannot be found
8. A child who is being abused or tortured for sexual abuse or illegal acts.
Even if there is only a threat that this can happen, the child would a
Child in Need of Care and Protection.
9. A child who might is being forced into drug abuse or trafficking;
10. A child who is being or could be abused for unethical gains;
11. A child who is a victim of war, unrest or natural disaster;
12. A child who is being forced by her parents or guardians into getting
married.
According to DLSA Secretary’s direction, we visit the JJB, Villupuram
and observed the procedures and made interaction with the juveniles. There
we observed that the bench, bar and the police officials were in casual outfit.
We observed few Pleas which were filed against the juveniles. Witness
also produced before the bench, statement of witness was recorded. Counter
enquiry by the defendant side also takes place.

Plea:
Docket number……… JC 26/2015
In this Plea, Inspector of police read out the detailed facts and
observation made by them. The juvenile who is conflict with law made charge
for murder of 4 year girl child by making fell down into the well which is near
to the residence of victim.
 According to police report, the murder takes place because of previous
vengeance between both the families of victim and juvenile. Juvenile was
produced before the bench.
Both public prosecution and defense prosecution takes place. Defense
Prosecution claims that the FIR which was registered is Fake and police
without investigation and enquiry simply filed FIR against juvenile. After
Arguments were observed by the bench and gave next hearing date of
05/01/2018.

DAY 4 (23-12-2017):

During morning session, DLSA Secretary gives a detailed explanation

about the National Legal Service Authority (NALSA).
Motto: No person in the country should starve from hunger of justice.

National Legal Services Authority (NALSA) launched the 2648 village

legal service clinics across the country. The Chief Justice of India,
P.Sathasivam inaugurated the free legal clinics in New Delhi. As per the
regulation, NALSA will set up village legal services clinics in one village in
each Taluk of the country. These village legal services clinics will dole out
legal advices to people with the help of Para-legal volunteers and empanelled
lawyer s, besides assisting them in getting BPL card, Election ID, Aadhaar
Card, gas connection and other government welfare schemes.

INTRODUCTION TO NALSA
The National Legal Services Authority (NALSA) has been constituted
under the Legal Services Authorities Act, 1987 to provide free Legal Services
to the weaker sections of the society and to organize Lok Adalats for amicable
settlement of disputes. In every State, State Legal Services Authority has
been constituted to give effect to the policies and directions of the NALSA and
to give free legal services to the people and conduct Lok Adalats in the State.
The State Legal Services Authority is headed by Hon’ble the Chief Justice of
the respective High Court who is the Patron-in-Chief of the State Legal
Services Authority.
In every District, District Legal Services Authority has been constituted
to implement Legal Services Programs in the District. The District Legal
Services Authority is situated in the District Courts Complex in every District
and chaired by the District Judge of the respective district.

LEGAL AID MOVEMENT IN INDIA - ITS DEVELOPMENT AND PRESENT

STATUS

Article 39A of the Constitution of India provides that State shall secure
that the operation of the legal system promotes justice on a basis of equal
opportunity, and shall in particular, provide free legal aid, by suitable
legislation or schemes or in any other way, to ensure that opportunities for
securing justice are not denied to any citizen by reason of economic or other
disability.

Articles 14 and 22(1) also make it obligatory for the State to ensure
equality before law and a legal system which promotes justice on a basis of
equal opportunity to all. Legal aid strives to ensure that constitutional pledge
is fulfilled in its letter and spirit and equal justice is made available to the
poor, downtrodden and weaker sections of the society.

According to section 2(1) (a) of the Act, legal aid can be provided to a
person for a 'Plea' which includes a suit or any proceeding before a court.
Section 2(1) (b) 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 Plea 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 Plea in his favor provide him
counsel at State expense, pay the required Court Fee in the matter and bear
all incidental expenses in connection with the Plea. 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.

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 Programs 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 organize 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.
 After the constitution of the Central Authority and the establishment of
NALSA office towards the beginning of 1998, following schemes and measures
have been envisaged and implemented by the Central Authority:-

(a) Establishing Permanent and Continuous Lok Adalats in all the Districts in
the country for disposal of pending matters as well as disputes at pre-
litigative stage;
(b) Establishing separate Permanent & Continuous Lok Adalats for Govt.
Departments, Statutory Authorities and Public Sector Undertakings for
disposal of pending Pleas as well as disputes at pre-litigative stage;
(c) Accreditation of NGOs for Legal Literacy and Legal Awareness campaign;
(d) Appointment of "Legal Aid Counsel" in all the Courts of Magistrates in the
country;
(e) Disposal of Pleas through Lok Adalats on old pattern;
(f) Publicity to Legal Aid Schemes and programs to make people aware about
legal aid facilities;
(g) Emphasis on competent and quality legal services to the aided persons;
(h) Legal aid facilities in jails;
(i) Setting up of Counseling and Conciliation Centers in all the Districts in the
country;
(j) Sensitization of Judicial Officers in regard to Legal Services Schemes and
programs;
(k) Publication of "Nyaya Deep", the official newsletter of NALSA;
(l) Enhancement of Income Ceiling to Rs.1,25,000/- p.a. for legal aid before
Supreme Court of India and to Rs.1,00,000/- p.a. for legal aid upto High
Courts; and
(m) Steps for framing rules for refund of court fees and execution of Awards
passed by Lok Adalats.

NALSA SCHEMES, 2015:

 Victims of Trafficking and Commercial Sexual Exploitation.
 Legal Services to the Workers in the Unorganized Sector.
 Child Friendly Legal Services to Children and their Protection.
 Legal Services to the Mentally Ill and Mentally Disabled Persons.
 Effective Implementation of Poverty Alleviation Schemes.
 Protection and Enforcement of Tribal Rights.
 Legal Services to the Victims of Drug Abuse and Eradication of Drug
Menace.

According to DLSA Secretary’s direction, we visit the Centre for women,

Villupuram and observed the procedures and the counseling session conducted.
Center for women can deal only with the complaint /petition given by women.
Plea 1:
Docket Number …………. B 488/2017
Petitioner ………… Sathiya
VS
Respondent ………….. Sathiya Raj (Painter)
Petitioner (Sathiya) is the wife of Respondent (Sathiya Raj), there was a
matrimonial dispute. Both were married 2 years before. Sathiya raj starts drinking
after one week of marriage. Because of this there was no smooth relationship
between them. They also applied for divorce. For past one week both were living
together and there was a change in behavior and activities of Sathiya raj. Sathiya
raj also taking treatment for de-addiction and he is willing to live with his wife. Both
Petitioner and respondent were advised to live happily and live together. Both
signed for willing to settle the matter in counseling center. Compromise made
between the two parties and matter got settled.

Plea 2:
Docket number…………484/2017
Petitioner ………… Brindha
VS
Respondent ………….. Badhmanaban

Petitioner (mother in law of 1st wife) of respondent filed the petition for
maintenance of two girl children of respondent. Two girl children were living
with petitioner for more than 10 years. No care and maintenance was given
to children’s by respondent.
Respondent who got second marriage and living with his second wife.
He is claiming that he is the legal guardian for his children and petitioner is
not letting the children to live with me.
Petitioner is not bringing the two children to counseling center and tells
reason as children’s having exams in school.
After hearing both sides, bench came to know that this dispute is only
because of property motive. Bench asked the petitioner to bring the two girl
children’s without fail on next hearing. Only after interrogating with the
children, the decision can be taken in this matter. Next hearing date is given
to both petitioner and respondent.

DAY 5 (24-12-2017):

According to the direction of DLSA Secretary, we visit Sub Jail,

Villupuram. There we observed the appearance, environment and also
interacted with the remand accused persons.
In Sub Jail, there was front office were officials maintain the visitors
and other records. Each cell has the capacity of 5 members. After visiting
every cell and kitchen, sub jail officials assembled all the accused in a
meeting hall where our DLSA Secretary headed the meeting and also a senior
advocate.
 DLSA Secretary explains the aim and the benefits of legal services
provided by DLSA such as applying bail for the needy accused person,
nominating advocate for further proceeding of Plea. Any legal solution and
clarification can be provided to render justice for all in accordance with Law.
Direction given by DLSA Secretary, we all interact with the accused
person and asked the nature of offence done by them and also explain about
the service provided by District Legal Service Authority.

Some Information observed from the accused are as follows:

Accused Elumalai (Tipper driver) from Tiruvannamalai District, aged 31 years,
who was arrested on 23-12-2017 at Vikkravandi tollgate on the way to
Chennai from Mailadudurai for committing offence under Mines and
Minerals (Development & Regulation) Act, 1957. He is in remand for 15
after producing him to judicial magistrate.

Accused Ramkumar, aged 46 from Chidambaram street, villupuram was

remanded 11 days for committed offence of selling lottery ticked which was
banned in Tamil Nadu State Lotteries (Regulation) Rules, 2002.

Accused Dhanajeyan, MSc, aged 28 from Nandhaivaadi village; villupuram

was remanded 15 days for committing criminal offence of rioting. He is
working as a professor in college. Totally 3 accused were arrested and
remaining two accused was in cuddalore sub jail.

DAY 6 (25-12-2017): Christmas Holiday

DAY 7 (26-12-2017):

Morning Session:
Senior Learned Counsel Mr. Subraminiyan gave a speech on Indian
Evidence Act and also the general legal terms.
Explains the important of legal studies and the three noble professions
in world are first is Legal profession (law and order of the society) and second
is Medical professional (Health of the society) and finally clergy (religious and
priest to uplift the moral standards of the people).
Every legal professional should be able to communicate and convey the
matter clearly with clarity and should be very strong in knowledge. Difference
between mere writing and reduce the statement into writing is explained.
Lex fori (Latin for the laws of a forum) is a legal term used in the
conflict of laws to refer to the laws of the jurisdiction in which a legal action is
brought.
Lex Loci Latin; the law of a place as in where a right was acquired or a
liability incurred.
 In Indian Evidence Act the sections are classified as confession (Section
24 to 30), character (Section 52 to 55), Law of Estoppels (Section 115 to
117).
Indian Penal code and Indian Evidence Act are the substantial Law.
Preponderance of probabilities as in civil litigation and Proof beyond
reasonable doubt as in Criminal Litigations.
The fact of the ‘Honor’ killing of Shankar in Tamil Nadu Plea was discussed.
 Shankar loved a girl and married her
 Both went to market
 Surrendered by anti elements
 Assaulted and grievous hurt with dangerous weapons
 Finally Shankar has been murdered.

Stages of every Plea should be followed as follows

 Fact of the should be briefed clearly
 How the face relevant to each other
 Evidence for each facts and it may be in oral or document.
 Witness for the fact of Plea
It’s all about the assertion and denial of the fact and this will become
an issue in Plea. Anything which is perceived by the senses is the “Fact”.
Evidence should be relevant to every face of the Plea.
There should be mental Consciousness and the statement of witness
should be relevant and connected with each other facts in issue.
Document Evidence: Difference between the on the substance and upon the
substance is explained. If anything written on a paper, it is not considered as
a permanent one. If anything written upon a paper, it is considered as
permanent one.
Oral Evidence: All the statement of witness was recorded by judge (including
electronic documents).
Senior Learned Counsel Mr. K.P.Palaniyappan gave a speech on
Professional Ethics and also the general legal terms. According to his speech,
legal profession is a noble and honor profession and it is the part of judicial
system to render justice to all humans. And he explains about the roles and
duties of legal professionals to be followed. They are

 Act in a dignified manner

 Respect the Court
 No communication in private
 Refusal to act in an illegal manner towards the opposition
 Refusal to represent clients who insist on any unfair means of practice
 Appear in proper dress code
 Not appear in matters with pecuniary interest
 Not stand as surety for the clients
Afternoon Session:
Center for women Counselor gave detailed information about Moot
court and procedures followed in Moot. Moot court is also called as Artificial
court for law students.
Mooting consists of analyzing (fact of the Plea), Research (citations),
Memorial (written submission) and finally Arguments.
Reason for moot court: To think deeply (i.e. word by word analyzing), to
develop the Advocacy skill, Skill of Research (legal research), Skill of Writing.
Key aspects of Mooting are
(1) Memorial (Written Submission), it should be in prescribed format which
was mentioned in the official publication of Moot competition.
(2) Arguments (Oral Submission), There should be proper eye to eye contact
with judge in Bench and should understand the nature of judge.
Memorial Contents:
 Name of the court, details about the Appellant and respondent.
 Table of Contents
 List of Abbreviations
 Index of Authorities
 Statement of Jurisdiction
 Statement of Facts
 Issues given
 Summary of Arguments
 Pleadings / Arguments advanced
 Prayer
 Reference of citation

Understanding the judge: There should be proper eye contact, speaking

tone and style, respect to judge, always refers to page number when telling a
particular citations.

Important things to be follow during moot court. They are Body

language, Hand gesture, facial expressions, and objection with observation (if
opposite counsel raises question during arguments), Practice more by reading
again and again, citation should be connected to the facts of the Plea.

DAY 8 (27-12-2017):

Morning Session:
We along with the DLSA Secretary attend the clinic Session which was
held at Kaanai Village Block, Villupuram. There DLSA Secretary headed the
camp along with the Advocate and BDO (Block Panjayath and Village
Panjayath). During this session of camp, BDO (Block Pnajayath) explains
about the official proceeding which was done by Block Development Office.
Also explains about the various schemes of central and state government and
the implementation process.

Afternoon Session:
As per the direction of DLSA Secretary, we visited Social Welfare
Committee which was located at District collector Office, Villupuram. The
Social welfare committee consists of District protection Officer and Pannel
Advocate.
The protection of women from domestic violence act was introduced in
2005 and got implemented in 2006. It deals with the Protection for Women
from violation of Husband and his family members. Whenever a complaint is
registered under the Domestic violence or dowry, the police referred the Plea
to Social welfare committee where the report should be generated regarding
the real fact by enquiring both the parties. The report generated by this
committee is known as Domestic Incident Report (DIR). Some offence made
by male to female can be made liable are hurt, scolding, Physical and sexual
abuse, economic abuse.

Some important sections are as follows

 section18: protection order
 Section 19: residential order
 Section 20 Monitoring order
 Section 21: Custody order
 Section 22: Compensation order
 Shared house can be claimed
 Break house order can be issued.
 Section 20 (3): Non Bailable warrant can be issued

Ex Party order can be issued. When Prima facie is made out, according to
section 23(2), interim order can be given. Award civil prison for one year and
twenty thousand rupees fine. This order can be reviewed again by them
again.

DAY 9 (28-12-2017):
Morning Session:
Mediation and its proceedings was explained by trained mediator Mr.
M.T.Rajaram. In mediation center, amenable settlement (friendly settlement)
will be made. During mediation, each party should meet each other to find
the friendly settlement. It is the system of alternate dispute system. The
court can refer the matter to mediation center, to avoid wasting the time of
court. It is mainly for saving the money, time, no court fees and no stamp
fees. Win-Win process takes place. Compromise will be made between the
two parties so there is no matter of loss. Totally three chances will be given
to the parties. They can freely communicate with the mediators about their
personal facts and details which will be maintained confidentially. These
communication and conversation is no need to produce any court. Both
parties share their different opinions and talks freely with each other and
they itself make a friendly compromise between them.
According to Arbitration Act, Statement (like contract) will be signed by
both the parties after the friendly settlement was made.

Afternoon Session:
We along with DLSA Secretary attended Legal service Authority Clinic
at Maragathapuram Village, Villupuram. There a small program was
organized by DLSA to create awareness about the free legal service provided
by DLSA Villupuram. Village people were attended the program and the
program was headed by DLSA secretary. Welcome speech and detailed
explanation about the free legal service provided by DLSA.
As per the guidance and direction of DLSA Secretary, two team
performed skit to bring awareness about the free legal service provided by
DLSA and also about the schemes of NALSA.

DAY 10 (29-12-2017):
Morning Session:
According to the direction of DLSA Secretary, we attended counseling
session at Legal services premises. When the petition is received in front
office, it will be forwarded to counseling session department. Where the
counseling session will be conducted with the petitioner and notice will be
issued to the concerned respondent to come and appear for counseling.

Plea:
Petition is regarding with loan Dispute. Respondent is Mahindra finance.
Petitioner got loan amount of Rs.2,05,000. Nearly rs.1,80,000 have been
paid. Due to medical issue and family situations, petitioner was unable to pay
loan amount with interest. He and his family going to migrate to Mumbai for
his employment purpose. He prays for reducing the interest amount and he is
ready to settle the principal amount without fail. After observing the fact of
the petition, Board decides to send notice to respondent mahendra finance.
Next hearing date is 05-02-2018.
Afternoon Session:
We along with DLSA Secretary visit Child Welfare Committee,
Villupuram. CWC’s main function is to give care and protection for children.
Child Welfare Committee operates with five members.
 Mr. J.A. Francis Bosco – chairperson
 Mr. S.Kalyana Sundaram – psychiatrist
 Mr. V. Gopal Pillai - Member
 Mr. I. David Raj – Member
 Mrs. N. Manonmani – Member.
The chairman explains about the operations and procedures followed in CWC.
The Child Welfare Committee (CWC) – is an authority which has to
address all issues relating to children in need of care and protection. When
the JJB thinks that a child in conflict with law is also in need of care and
protection, the child JJB has to send to the CWC which will pass the
necessary orders.
Anyone can approach the CWC directly. Several other persons can take
you to the CWC:
1. Police Officers, Special Juvenile Police Unit, Child Welfare Police Officer;
2. Public Servants;
3. Child line Services, or any government recognized agency or NGO;
4. Child Welfare Officer / Probation Officer;
5. Social worker or public spirited citizen;
6. Nurse / Doctor / management of nursing home, hospital etc.
So, any citizen (say, your neighbor or relative) who thinks you are a Child in
Need of Care and Protection can take you to the CWC.
If you find a child who tell you that he/she is lost or appears to be
abandoned or lost or an orphan, you have a legal duty to inform the nearest
police station or child line services or CWC within 24 hours. Not doing so is
a crime under the JJ Act – you can be sent to jail for up to six months and/or
be asked to pay a fine of Rs. 10,000.
If they are not able to take care of the children due to factors beyond
their control, there is a mechanism under the JJ Act which allows for them
to surrender the children before the CWC. The parents are given two months
to change their decision. Even if the CWC is not sitting, you can take the child
to the individual member of the CWC after working hours [Section 28(3);
Rule 18, Model Rules, 2016].
CWC takes care of both abandoned Child and also Surrendered child.
Also explains about the childcare helpline and the process proceeded after
the rescue of children. Only Judicial Magistrate have the power to pass the
order for adoption. Central Adoption Resource Authority (CARA) is a
statutory body of Ministry of Women & Child Development, Government of
India. It functions as the nodal body for adoption of Indian children and is
mandated to monitor and regulate in-country and inter-country adoptions.
CARA primarily deals with adoption of orphan, abandoned and surrendered
children through its associated /recognized adoption agencies.
We also made interaction with the children about their studies, care
and facility made by CWC.

DAY 11 (30-12-2017):

We along with DLSA Secretary visit Anbu Old Age Home run by
(Kirubalaya Charitable trust), Villupuram. Senior Citizens, Children’s Short
stay home was functioning there. There a meeting was arranged by the home
authority and it was headed by DLSA Secretary giving speech regarding the
free legal service given by DLSA to the needy persons specially the senior
citizen peoples. Various schemes and the functions were explained to the
senior citizen persons. Special songs were sung by Aaron and Idaya
Chandran and it was dedicated to the senior peoples in home. We also
interacted with them and asked about the facilities.

DAY 12 (31-12-2017):
During Morning Session, DLSA Secretary explains about the different
types registers were maintained by the DLSA villupuram. The types of
registers are as follows
 Receive Register: which contains details regarding the petitioner and
the category of petition i.e., Legal or Non Legal.
 ‘A’ Register: For Non Legal petition
 ‘B’ Register: For Legal Petition
 Lok Adalat ‘A’ Register: For Pre Litigation Pleas
 Lok Adalat ‘B’ Register: For pending Pleas
 Lok Adalat Diary
 Front Office : Details of Petitions received
 Centre for Women Diary
 Honorarium
 Camp Register
 Stamp Register
 Ledger: Details about the funds
 Advocate Assignment Diary
 Lok Adalat Assignment Register
 Dispatch register
 Family Welfare Committee Diary
 Attendance and Leave Register
DAY 13 (01-01-2018): New Year Holiday

DAY 14 (02-01-2018):

During Morning Session, According to the direction of DLSA

Secretary, we visit Family Welfare Committee and observed the counseling
session.
Family Welfare committee Bench consists of chairman Retired Judicial
Magistrate Mr. Selvaraj, Advocate and a social worker. They explains about
the functions of Family Welfare Committee.

Plea:
Petitioner ………… Selvi
VS
Respondent…………. Pavadairayan
It was the third hearing attended by the parties. Selvi filed a complaint
against his husband Pavadairayan. Police refer the Plea to Family Welfare
Committee for counseling. Bench explains about the future consequence and
tries to compromise each other. Couple having two girl and a boy child.
Pavadairayan is not willing to settle the matter by compromise. So bench
generated a final report and forwarded to concerned police station for further
proceedings on FIR.
During Afternoon Session, we along with DLSA secretary went to a
camp organized at Kandamanadi village, Villupuram to create awareness of
free legal service among the people. After reaching the village, we students
went to issue the pamphlet and asked the people to attend the camp. The
camp was headed by DLSA Secretary and explained about the schemes and
free legal services provided by DLSA. Then two legal service skit was done by
our students to awareness among the people regarding the various schemes
and to find the proper legal service provided by DLSA, Villupuram.

DAY 15 (03-01-2018):

Evaluation of 15 days Internship Program and the finishing ceremony was

conducted by DLSA with headed by all Judicial Magistrate’s of Villupuram District
Court and issued participation certificate to all Law college of Students.

--------------------End of Report---------------------