The third day of ‘Legal Awareness Classes for Jail Inmates Programme’ organized by Social Justice Department and District Probation Office, Thiruvananthapuram was conducted at Special Sub Jail, Kunjalumoodu, Thiruvananthapuram on 20 October 2022. In connection with this, awareness classes were taken by resource persons of Centre for Probation Reforms, a subsidiary of Law and Justice Research Foundation [LJRF]. The resource persons, Adv. Sreelakshmi S and Adv Aksha Raj B led classes for jail inmates covering the topics Probation of Offenders Act, Rights of Prisoners, Parole& Plea Bargaining and Legal Aid Services. Blue Point Org, a Non Governmental Organization in Thiruvananthapuram and Dale View, a social developmental agency in Thiruvananthapuram are associating with LJRF for providing the awareness classes to jail inmates.

AN OVERVIEW OF THE TOPICS OF THE SESSIONS LED BY THE RESOURCE PERSONS

Probation is a privilege granted by the court to a person convicted of a criminal offense to remain in the community instead of actually going to prison. It is an alternative to imprisonment as a form of punishment. Probation is suspension of sentence of an offender by the court and releasing him/her on certain conditions to live in the community with or without the supervision of a probation officer. The practice of probation law averts the stigma of jail life and reduces the ostracism faced by the convict and their family in the society. It is also a solution for the overcrowding in the jail which leads to dehumanizing conditions. Probation ensures that the offender is reformed and reintegrated into the society. This in turn would protect the society from further criminal acts from the offender.

Major portions of the legal awareness session for jail inmates taken by Adv Sreelakshmi S dealt with beneficial provisions such as Sections 3, 4, 5 & 6 those regarding admonition, release on good conduct etc, of Probation of Offenders Act; general awareness regarding rights of prisoners, social order & significance of human rights; capacity development opportunities that can be provided by means of proper application of “Probation”. Major schemes & Services by Social Justice Department under Probation of Offenders Act, 1958(hereby said as Probation Act)- an overview. Session further briefly dealt with involvement of prisoners in community service as an alternative to imprisonment; available to those who agree to obey the conditions specified under provisions of the Probation Act; & interactive session including changes they can contribute to the family, society by means of care, reformation, rehabilitation and re-socialisation.

The class provided by Adv Aksha Raj broadly focused on the following points.

• Legal Aid which means giving free legal services to the poor and needy who are unable to afford the services of an advocate for the conduct of a case or a legal proceeding in any court, tribunal or before a Judicial authority.

• The preamble of the Indian constitution basically aims to secure to the people of India justice – socio economic and political.

• It is the duty of the State to see that the legal system promotes justice on the basis of equal opportunity for all its citizens. It must therefore arrange to provide free legal aid to those who cannot access justice due to economic and other disabilities.—(Art.39 A of the Constitution of India)

• If the accused does not have sufficient means to engage a lawyer, the court must provide one for the defense of the accused at the expense of the state (Sec. 304 of Code of Criminal Procedure,1973)

• The Constitutional duty to provide legal aid arises from the time the accused is produced before the Magistrate for the first time and continues whenever he is produced for remand.

Services offered by the Legal Services Authority:

1. Payment of court and other process fee;

2. Charges for preparing, drafting and filing of any legal proceedings;

3. Charges of a legal practitioner or legal advisor;

4. Costs of obtaining decrees, judgments, orders or any other documents in a legal proceeding;

5. Costs of paper work, including printing, translation etc.

Duties of the Police and the Courts:

The police must inform the nearest Legal Aid Committee about the arrest of a person immediately after such arrest.

(Sheela Barse V. State of Maharashtra)

The Magistrates and sessions judges must inform every accused who appears before them and who is not represented by a lawyer on account of his poverty or indigence that he is entitled to free legal services at the cost of the State.

Failure to provide legal aid to an indigent accused, unless it was refused, would vitiate the trial. It might even result in setting aside a conviction and sentence. — (Suk Das Vs. Union Territory of Arunachal Pradesh (1986) 2 SCC 401; 1986 SCC (Cri) 166)

Cases for which legal aid is not available:

1. Cases in respect of defamation, malicious prosecution, contempt of court, perjury etc.

2. Proceedings relating to election;

3. Cases where the fine imposed is not more than Rs.50/-;

4. Economic offences and offences against social laws;

5. Cases where the person seeking legal aid is not directly concerned with the proceedings and whose interests will not be affected.

When can the legal services be withdrawn?

The legal services committee can with draw the services if,

1. The aid is obtained through misrepresentation or fraud;

2. Any material change occurs in the circumstances of the aided person;

3. There is misconduct, misbehavior or negligence on the part of the aided person;

4. The aided person does not cooperate with the allotted advocate;

5. The aided persons appoints another legal practitioner;

6. The aided person dies, except in civil cases;

7. The proceedings amount to misusing the process of law or of legal service.

Who is entitled to free legal aid?

Any person, who is:

1. a member of the scheduled castes or tribes;

2. any person belonging to the Schedule caste/tribe, persons suffering from natural calamity, industrial worker, children, insane person, handicap, persons in custody and those having annual income less than Rs 1 lakh were entitled to avail free legal aid

3. a victim of trafficking in human beings or beggar;

4. disabled, including mentally disabled;

5. a woman or child;

6. a victim of mass disaster, ethnic violence, caste atrocity, flood, drought, earthquake, industrial disaster and other cases of undeserved want;

7. an industrial workman;

8. in custody, including protective custody;

9. facing a charge which might result in imprisonment; —(Khatri II Vs. State of Bihar, (1981) 1SCC); and

10. unable to engage a lawyer and secure legal services on account of reasons such as poverty, indigence, and incommunicado situation;

11. in cases of great public importance;

12. special cases considered deserving of legal services.

• IMPORTANT POINTS TO BE KEPT IN MIND
• Where should I approach in order to seek free legal services/aid?

Depending upon the territorial and subject matter jurisdiction of the case, an individual should approach the following appropriate authority:

1.Taluk Legal Services Committee 

2.District Legal Services Authority 

3.The concerned State Legal Services Authority (for particular cases, panels of which are maintained at State level);

4.The High Court Legal Services Committee 

5.The Supreme Court Legal Services Committee for cases before the Hon’ble Supreme Court.

• How can I apply for free legal aid?

You can apply for free legal aid either offline or online. You can fill up the ready-made form/application form that is available at your nearest Legal Services Authority and submit the same at either the Authority physically, or post the application to the Authority.

You can even make an application in writing on a simple piece of paper with the necessary details such as your name, gender, residential address, employment status, nationality, whether SC/ST (with proof in support), income per month (with affidavit), the case for which legal aid is required, reason for seeking legal aid, etc. and submit it physically or send by post.Another option is to send the application online i.e. by email to NALSA (at nalsa-dla@nic.in), or through the online application form available online at NALSA’s website by going on the ‘Online Application’ Link on the Home Page, along with uploading necessary documents.

It is also possible to make your application orally – a paralegal volunteer or an officer of the concerned Legal Services Authority will assist you in such cases.

• Is there any other ithat I need to furnish along with my application?

You have to submit the completed application form to the authority along with full documentation which includes identity proofs, requisite certificates/affidavit as proof of belonging to a particular category for being entitled for free legal services.

For application through the online procedure, details regarding all the relevant documents required are provided in the website.

• Do I have to pay any charge/fee for acquiring and submitting an application form for free legal aid?
• No, there is absolutely no charge for getting an application form for free legal aid. You are not required to spend any money for both getting and submitting the application. For obtaining legal advice, you can call or visit the office of the concerned Legal Services Authority.

• What if the person in need of free legal aid is illiterate?

Such persons can be assisted by the SLSAs/DLSAs/TLSCs or panel Advocates etc., once they approach the legal services institutions. The Para Legal Volunteers (PLVs) who are stationed in the villages can also gather necessary information of such applicants and fill up the forms for them. The applicant is required to affix signature initials or thumb impression on the same.

• Do I have to incur expenses at any stage?

No, expenses like Process Fees, Drafting Fees, Typing Fees, Clerkage as well as Fees of panel lawyers (during or after the case is completed) are borne by the legal service institutions.

ABOUT CENTRE FOR PROBATION REFORMS

LJRF Centre for Probation Reforms is an initiative from the LJRF Kerala State Chapter aimed at providing capacity development for probation support teams consisting of Police Officers, Legal Counsellors, Law students, MSW students, Social workers under District  Legal Service Authority (DLSA), Pathanamthitta initiated for the first time on 15th November, 2020. The objective of the Centre is to create awareness among law and social work students about the Criminal Justice System, the importance of the Probation of Offenders Act and the benefits of Probation. It is aimed at formation of a community support group to help offenders for a better reintegration process. LJRF Centre for Probation Reforms works in association with District Probation Offices, Law colleges and Social Work Colleges with the support of the Social Justice Department, Govt. of Kerala.