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1. |
LEGAL AID |
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(a) |
Legal Aid Counsel for remand hours
According to Section 12(g) of the
Legal Services Authorities Act, 1987 (as amended in 1994), any
person in custody, including custody in a protective home or in
juvenile home or in psychiatric hospital or nursing home, is
entitled to legal services for filing or defending a case. A large
number of under-trial prisoners, who are not in a position to engage
lawyers for defending them, feel handicapped in their defence and
remain incarcerated for long periods. Therefore, the model scheme
modulated by National Legal Services Authority has been implemented
by Haryana State Legal Services Authority in all the districts and
sub-divisions of Haryana, so that nobody remains unrepresented at
the time of remand hour. The Advocates empanelled under the ‘Legal
Aid Counsel’ scheme attend the courts during the remand hours for
representing under-trial prisoners; for giving legal advise to them
and for filing their applications. Earlier, they were being paid
Rs.500/- per month. However, since November, 2011, said fee has been
hiked to Rs. 1500/- per month. |
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(b) |
Model Scheme For
Legal Aid Prosecution Counsel
In the
year 2009, Haryana State Legal Services Authority started Model
Scheme for Legal Aid Prosecution Counsel for victims of rape and
other crimes against women and children. Under this scheme, Lady
Advocates on the panel of District Legal Services Authority are
visiting the Police Station falling under jurisdiction of concerned
courts allotted to them under the Scheme and give legal assistance
to the victims of rape and other crimes against women and children.
At the stage of trial also, any victim of such crime against women
and children can be provided the services of such Legal Aid Counsel.
Consequently,
the Director General of Police, Haryana vide letter dated 15.9.2009
issued instructions to the Commissioners of Police Gurgaon and
Faridabad, All the District Superintendent of Police in the State of
Haryana and Superintendent of Police, Railway, Haryana Ambala Cantt
to direct all the SHO/Incharge of Police Stations in the State of
Haryana to do the needful and to co-operate with the lady advocates
appointed by the Chief Judicial Magistrates-cum-Secretaries,
District Legal Services Authorities in the State of Haryana, in
discharging their duties.
The said scheme has been fully implemented
in all the Districts of Haryana. |
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(c) |
Legal Aid at State Expenses
Section 12 of the Legal Services
Authorities Act, 1987 read with rule 19 of the Haryana State Legal
Services authority Rules, 1996 specifies the persons eligible for
free legal aid at State expenses.
Every accused unable to engage a
lawyer due to poverty, indigence or incommunicado situation is
entitled to free legal service at the cost of the State. The
entitlement to free legal aid is not dependent on the accused making
an application before the Magistrate/Sessions Judge, who is bound to
inform the accused of his right to obtain free legal aid, and to
provide legal aid, except when the accused is not willing to take
advantage of the free legal services provided by the State.
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2. |
STEPS TAKEN FOR
REACHING OUT TO THE MASSES AND CONFIDENCE BUILDING AMONG THE
BENEFICIARIES AND STRENGTHENING THE TALUK/SUB DIVISION LEGAL
SERVICES COMMITTEES |
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Following steps have been taken by Haryana
State Legal Services Authority for reaching out to the masses in the
State of Haryana:- |
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A. |
Permanent Legal Aid Clinics/Legal Aid Cells in Jail
Haryana State Legal Services Authority
has established Permanent Legal Aid Clinics/Centers in all the
Jails/Sub Jails of Haryana. The Advocates empanelled under the
‘Legal Aid Counsel’ scheme, regularly visited Central/District
Jails/Sub Jails, at specified intervals, as deputed by District
Legal Services Authorities and Sub-Divisional Legal Services
Committees, for giving legal advise to the accused/convicts, if the
need be, and collecting their applications/representations, if any
and to submit the same to the concerned courts on the next working
day visiting the same, advocates are being paid Rs.500/- per visit.
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B |
Permanent Legal Aid Clinics in Villages
Under NALSA (Legal Aid Clinic) Regulations, 2011,
Legal Aid Clinics are required to be set up in all the villages or
cluster of villages. HALSA has already established more than 665 Legal Aid Clinics in different villages of all the Districts of Haryana. The Legal Aid Counsel/Para Legal Volunteers attend the
Permanent Legal Aid Clinics on the scheduled dates for providing
legal aid to the litigants visiting these Permanent Legal Aid
Clinics. |
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C |
Permanent Legal Aid Clinics in Courts |
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D. |
Permanent Legal Aid Clinics in all Law Colleges &
Universities |
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E. |
Legal Aid Clinics in the
offices of Protection Officers appointed under Protection of Women
from Domestic Violence Act, 2005. |
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3. |
STEPS TAKEN FOR
COORDINATION WITH THE NGOS, VARIOUS GOVT. DEPARTMENTS,
UNIVERSITIES AND OTHERs PROMOTING THE CAUSE OF LEGAL
SERVICES TO THE POOR |
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Following steps have been
taken by Haryana State Legal Services Authority for
coordination with various authorities in the State of
Haryana: |
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1. |
Law
Department/Institutes/Colleges
The Chairmen/Directors/Principals of the
Law Departments/ Institutes/ Colleges have been requested to allow
the law students (final year) to participate in Legal Literacy/Legal
Awareness Camps organized by District Legal Services Authorities and
Sub-Divisional Legal Services Committees in the State of Haryana . |