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.
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.
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.
STEPS TAKEN FOR REACHING OUT TO THE MASSES AND CONFIDENCE BUILDING AMONG THE BENEFICIARIES AND STRENGTHENING THE TALUK/SUB DIVISION LEGAL SERVICES COMMITTEES
Following steps have been taken by Haryana State Legal Services Authority for reaching out to the masses in the State of Haryana:-
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. Now, advocates are being paid Rs.750/- per visit.
Permanent Legal Aid Clinics in Villages and urban areas
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 321 Legal Aid Clinics in different villages and 56 Legal aid clinics in urban areas etc 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.
Permanent Legal Aid Clinics in Courts
Permanent Legal Aid Clinics in all Law Colleges & Universities
Legal Aid Clinics in the offices of Protection Officers appointed under Protection of Women from Domestic Violence Act, 2005.
STEPS TAKEN FOR COORDINATION WITH THE NGOS, VARIOUS GOVT. DEPARTMENTS, UNIVERSITIES AND OTHERs PROMOTING THE CAUSE OF LEGAL SERVICES TO THE POOR
Following steps have been taken by Haryana State Legal Services Authority for coordination with various authorities in the State of Haryana:
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 .