Draft DLSA Report (Notes)

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INTRODUCTION

Within the dynamic landscape of South 24 Parganas district, nestled in the administrative
nucleus of Alipore, stands the venerable institution of the District Legal Services Authority
(DLSA). Under the stewardship of Smt. Chaitali Chatterjee Das, Chairperson of DLSA,
South 24 Parganas, and the diligent oversight of Sri Subhra Kanti Dhar, its esteemed
Secretary, the authority embodies the constitutional imperatives of equality, life, and liberty.
The narrative begins with our deployment to DLSA South 24 Parganas (Alipore) – Ms.
Subhadeepa Sen, Ms. Koninika Bhattacharjee, Mr. Kanad Chatterjee, and Mr. Rishav Ray –
by the State Legal Services Authority of West Bengal, tasked with a 42-hour fieldwork
immersion alongside the DLSA. This endeavour signifies a symbiotic convergence of
academic pursuit and practical engagement, fostering a deeper understanding of legal aid
mechanisms within the fabric of society.
Over the span of four days, the four of us embarked on a comprehensive exploration of legal
aid provisioning, traversing diverse locales and engaging with a spectrum of stakeholders.
From the precincts of legal aid clinics to the hinterlands of village outreach initiatives, our
journey epitomised a commitment to experiential learning and community service.
In the ensuing sections of this report, we endeavour to encapsulate the nuanced experiences
and insights garnered during our visitations. Through a lens of academic rigour and
introspection, we delve into the intricacies of legal empowerment, alternative dispute
resolution mechanisms, and the transformative potential inherent within legal activism.
As we navigate through this report, we uncover the intersections of theory and praxis,
witnessing the confluence of legal doctrine with lived realities. Each anecdote, each
encounter, serves as a poignant reminder of the enduring relevance of legal education in
shaping equitable societies.
In essence, this report serves as a testament to the enduring ethos of justice, equity, and
empowerment that animates the endeavours of the DLSA, South 24 Parganas. Through the
lens of academic inquiry, we seek to illuminate the path towards a more inclusive and just
society, where the promise of legal empowerment is realised by all.
DLSA VISIT - DAY 1: DLSA OFFICE (ALIPORE - SOUTH 24 PARGANAS)
During our first visit to the DLSA Alipore Office situated at Judge's Court Compound, 18
Judges' Court Road, Alipore, Kolkata-27, we were exposed to a multifaceted array of legal
proceedings and organisational functions. One notable encounter pertained to a property
dispute case concerning the Chetla locality, with the complainant identified as Debarati
Chatterjee, hailing from 42/B, Chetla Road, near Chetla Thana, and belonging to the general
caste category. The interaction with the DLSA officer, POC Samir Das, revealed the
standardised approach adopted in gathering essential details, including demographic and
caste-related information, in accordance with established procedural norms.
Subsequently, Samir Das provided us with a comprehensive overview encompassing the
historical evolution, operational modalities, and the typology of cases handled by the DLSA
Alipore. Originating in 1987, the DLSA initially rendered legal aid through house-based
interventions and individualised lok adalats. The evolution of its mandate over the years
reflects a dynamic response to the evolving legal landscape and societal exigencies.
Furthermore, our engagement shed light on the broader context of legal aid provisioning
within the Indian legal framework. The deliberations highlighted the critical role played by
Legal Services Authorities in extending legal assistance to accused individuals, particularly
those in custody, in consonance with the stipulations delineated in the Legal Services
Authorities Act, 1987. The insights garnered during discussions underscored the imperative
of enhancing access to justice, as underscored by the recommendations articulated by the
Department Related Parliamentary Standing Committee (DPRSC) on Personal, Public
Grievances, Law, and Justice.
Moreover, the discourse encompassed a strategic delineation of initiatives aimed at bolstering
the efficacy of legal aid delivery mechanisms. The proposal to pilot the 'Legal Aid Defense
Counsel System' (LADCS) in select districts underscores a proactive endeavour to augment
legal aid accessibility and professionalism. The delineation of requisite infrastructure and
human resource parameters delineates a blueprint for operationalizing the envisioned legal
aid paradigm shift. This system, inspired by models from various countries, involves the
engagement of legal aid defence counsels on a contract basis, subject to fair and transparent
selection processes based on merit and experience.
The eligibility criteria for key positions within the LADCS, such as Chief Legal Aid Defense
Counsel and Deputy Chief Legal Aid Defense Counsel, emphasise substantial experience in
criminal law practice, excellent communication skills, ethical understanding, and leadership
capabilities. These individuals play pivotal roles in ensuring effective legal aid delivery to
marginalised sections of society.
Central to the envisaged reforms is the emphasis on a transparent and meritocratic selection
process for legal aid defence counsels, premised on robust criteria encompassing
qualifications, experience, and ethical acumen. The envisaged engagement of legal
professionals on a contractual basis underscores a commitment to fostering accountability
and performance-driven outcomes within the legal aid ecosystem.
The District Legal Services Authority (DLSA) operates within a hierarchical framework
comprising the National Legal Services Authority (NLSA), State Legal Services Authority
(SLSA), and DLSA. DLSA Alipore, situated in Kolkata-27, further divides its jurisdiction
into three sub-divisions: Baruipur, Diamond Harbour, and Kakdwip.
Regarding eligibility for availing free legal aid services, as outlined in Chapter VI, Rule 9 of
the District Legal Services Authority Regulation 2002, the following categories of individuals
are eligible:
1. Scheduled Castes (SC) or Scheduled Tribes (ST)
2. Victims of trafficking or begar
3. Women or children
4. Persons with disabilities
5. Victims of mass disasters, ethnic violence, caste atrocities, floods, earthquakes, or
industrial disasters
6. Industrial workmen
7. Individuals in custody, protective homes, juvenile homes, psychiatric hospitals, or
psychiatric nursing homes
8. Persons with an annual income less than Rs. 3 lakh
9. Senior citizens with an annual income less than Rs. 4 lakh
10. Transgender individuals with an annual income less than Rs. 4 lakh
11. Acid attack victims
12. Persons infected and affected with HIV/AIDS
These eligibility criteria aim to ensure that legal aid services are accessible to individuals
belonging to marginalised and vulnerable sections of society, empowering them to assert
their rights and access justice effectively.
The DLSA operates with a team of part-time lawyers and retainer advocates who work on a
monthly basis. These legal professionals play a crucial role in providing legal aid and
representation to individuals in need within the jurisdiction of the DLSA. The part-time
lawyers and retainer advocates are tasked with handling a variety of legal matters, including
advising clients, drafting legal documents, and representing them in court proceedings.
The employment of part-time lawyers and retainer advocates ensures the availability of legal
assistance to eligible individuals on a consistent basis. By engaging legal professionals on a
monthly retainer basis, the DLSA can maintain a roster of qualified lawyers who are ready to
provide legal aid services as and when required. This system enables the DLSA to effectively
manage its resources and meet the diverse legal needs of the community it serves.
The jurisdiction of the District Legal Services Authority (DLSA) is delineated according to
the distribution of police stations within each district. This organisational structure ensures
efficient allocation of resources and facilitates the delivery of legal aid services to individuals
residing within specific geographical areas.
In addition to providing legal aid services for cases heard in lower courts, the DLSA extends
assistance for matters presented in higher judicial forums, including High Courts. This
comprehensive approach underscores the commitment of the DLSA to ensure access to
justice for all, irrespective of the level of the court involved.
The DLSA frequently encounters cases related to the Protection of Children from Sexual
Offences (POCSO) Act, with a notable presence of Non-Governmental Organisations
(NGOs) actively involved in addressing issues such as trafficking. These cases demand
specialised attention and concerted efforts from legal aid providers to safeguard the rights and
interests of vulnerable individuals, especially children.
Moreover, the DLSA often deals with instances of false allegations, particularly involving
adolescent girls aged 16-17, who run away from home and implicate boys in fabricated cases.
In such scenarios, the DLSA plays a crucial role in adjudicating these matters and
determining victim compensation where applicable, thereby ensuring equitable resolution and
just outcomes for all parties involved.
The scope of work undertaken by the District Legal Services Authority (DLSA) encompasses
various alternative dispute resolution (ADR) mechanisms, including pre-litigation assistance,
mediation, and reconciliation. As part of its efforts to facilitate amicable settlements, the
DLSA Alipore has recruited five mediators who play a pivotal role in resolving disputes
through mediation sessions. It is worth noting that litigation is pursued only when necessary
and in cases where mediation fails to yield a resolution.
Mediation is a key aspect of DLSA's operations, and it is employed across a wide range of
matters, including cases related to acid attacks, which are unfortunately prevalent. Mediation
sessions provide a platform for parties to engage in constructive dialogue and work towards
mutually acceptable solutions, thereby promoting conflict resolution and reducing the burden
on the formal judicial system.
To become empanelled with the DLSA, individuals are required to meet certain eligibility
criteria, including a minimum of three years of membership in the bar. This ensures that legal
professionals possess the requisite expertise and experience to effectively assist individuals in
need of legal aid services.
Each bench of the DLSA comprises a lawyer, a judge, and two staff members, forming a
cohesive team dedicated to the administration of justice and the provision of legal assistance
to those in need. This organisational structure facilitates the efficient handling of cases and
ensures that individuals receive comprehensive support throughout the legal process.
The District Legal Services Authority (DLSA) plays a pivotal role in the Indian legal system
by facilitating the settlement of cases through the Lok Adalat, a form of alternative dispute
resolution. One of the most remarkable aspects of DLSA's functioning is its ability to settle
cases within a relatively short time frame. On average, it takes just six months for cases to be
resolved, a testament to the efficiency and effectiveness of the system.
The Lok Adalat benches, which are part of the DLSA, are instrumental in achieving this
quick resolution. Each bench handles a significant number of cases simultaneously, typically
between 40 to 50 cases at a time. This allows for a streamlined process that ensures a large
number of cases are disposed of in a relatively short period.
The DLSA operates with a sense of urgency, recognizing the importance of swift justice. To
this end, it holds four Lok Adalat sessions every year, in March, June, August, and
December. This regular schedule ensures that cases are continuously addressed and resolved,
preventing any backlog from accumulating.
The types of cases handled by the DLSA and the Lok Adalat are diverse, ranging from
accidents to issues related to the Motor Vehicles Act. Additionally, the DLSA is particularly
attentive to the needs of the handicapped, ensuring that their cases are given due
consideration and resolved in a timely manner. The DLSA and the Lok Adalat play a crucial
role in the Indian legal system by providing an efficient and effective means of resolving
cases. Their ability to settle a large number of cases within a short period is a testament to
their dedication to justice and the rule of law.
The District Legal Services Authority (DLSA) serves as a beacon of hope for those seeking
justice, particularly in cases related to accidents, the handicapped, and matters under the
Motor Vehicles Act. The DLSA provides a platform for individuals to file complaints and
seek resolution for their grievances. By extending its services to include the needs of the
handicapped and those affected by accidents, the DLSA demonstrates a commitment to
inclusivity and accessibility within the legal system.
In addition to its role in addressing cases related to accidents and the handicapped, the DLSA
also plays a crucial role in matters pertaining to the Motor Vehicles Act. This includes issues
such as road safety, traffic violations, and compensation for victims of accidents. By
addressing these cases, the DLSA contributes to the overall safety and well-being of the
community.
Another important aspect of the DLSA's work is its involvement in matters related to
visitation by children. The DLSA facilitates visitation arrangements for children, ensuring
that they have access to their parents or guardians in a safe and supportive environment. This
service is provided through DLSA centres, where children can spend time with their families
under the supervision of a specified lawyer.
The DLSA also extends its services to correctional facilities, such as Alipore Jails, where it
operates legal aid centres. These centres provide legal assistance to inmates, ensuring that
they have access to justice and legal representation. This initiative is particularly important in
ensuring that inmates, who may be marginalised or vulnerable, have their rights protected and
their voices heard.
Furthermore, the DLSA has established a new wing or office in Alipore, known as the Legal
Aid Defence Council System. This office is staffed by a second officer or welfare officer,
who is responsible for providing legal assistance and support to individuals in need. This
initiative reflects the DLSA's commitment to expanding its reach and ensuring that legal aid
is accessible to all.
The DLSA's work extends beyond the courtroom, reaching into communities, correctional
facilities, and the lives of individuals in need. Through its various initiatives and services, the
DLSA plays a vital role in promoting access to justice, protecting the rights of the
marginalised, and fostering a culture of inclusivity within the legal system.
The District Legal Services Authority (DLSA) Alipore is not only a legal entity but also a
beacon of hope for those in need, including orphans and children in vulnerable situations. The
DLSA Alipore works in collaboration with the Juvenile Justice (JJ) Board, ensuring that the
rights and welfare of children are protected. This partnership is particularly crucial for
children living in orphanages or other care facilities, as it provides them with legal
representation and support.
In addition to its work with orphanages and the JJ Board, the DLSA Alipore is also
associated with Pavlov Hospital. This partnership is significant as it allows for the provision
of legal aid to patients with psychiatric conditions, such as post-traumatic stress disorder
(PTSD). The DLSA recognizes the importance of legal aid in ensuring that individuals with
mental health issues receive the support and assistance they need.
Furthermore, the DLSA Alipore operates clinics where various awareness programs are
conducted. For example, at the Gangasagar Mela, the DLSA Alipore set up three to four stalls
to provide information and assistance to visitors. Similarly, at book fairs, the DLSA Alipore
sets up stalls to promote legal awareness and provide information about its services.
The DLSA Alipore also plays a crucial role in addressing human rights violations and
protecting women's rights. Through its legal aid clinics and awareness programs, the DLSA
Alipore works to empower women and ensure that their rights are upheld. This includes
providing legal representation to victims of domestic violence and other forms of abuse.
Another important area of focus for the DLSA Alipore is cases under the Protection of
Children from Sexual Offences (POCSO) Act. The DLSA Alipore works closely with the
Child Welfare Officer to ensure that children who are victims of sexual abuse receive the
necessary support and protection. This includes deciding on which homes the child will stay
in, ensuring that they are placed in safe and supportive environments.
The DLSA Alipore is a multifaceted organisation that provides legal aid and support to a
wide range of individuals and communities. Through its partnerships with orphanages,
hospitals, and other organisations, the DLSA Alipore works to ensure that the rights and
welfare of vulnerable individuals, including children and women, are protected.

Petitioner claim 2:
The case you've described is complex and involves multiple legal issues. Let's break it down
step by step:
1. Received Files with Requisite Case Document: This suggests that the petitioner has
gathered and submitted all necessary documents related to the case. This is a positive
step as it ensures that the case is well-documented and can be reviewed thoroughly by
legal experts.
2. Criminal Conspiracy: The mention of criminal conspiracy indicates that the case may
involve multiple parties working together to commit a crime. This is a serious
allegation and would require thorough investigation and evidence to prove.
3. Property Dispute and Divorce: The victim is still not divorced from her husband, and
there is a property dispute involved. These are separate legal matters that need to be
addressed. The victim's legal representation should ensure that her rights are protected
in both the divorce proceedings and the property dispute.
4. Compensation or Punishment: The petitioner is seeking compensation or punishment
for the accused, amounting to 10 to 12 lakh. This suggests that the petitioner is
seeking justice for the victim, either through financial compensation or legal
punishment for the accused.
5. Career Destruction: The victim's career has been destroyed, which is a significant
loss. This could be due to the criminal conspiracy or other factors related to the case.
It's important for the victim's legal representation to address this issue and seek
appropriate compensation or restitution.
In summary, this case involves multiple legal issues, including criminal conspiracy, property
dispute, divorce, and career destruction. The victim's legal representation should ensure that
all aspects of the case are thoroughly investigated and addressed, and that the victim's rights
and interests are protected throughout the legal process.
The District Legal Services Authority (DLSA) has taken a significant step forward in
ensuring access to justice for the criminally accused by establishing the Legal Aid Defence
Counsel (LADC). This initiative aims to provide legal representation to underprivileged
individuals who cannot afford private counsel. The LADC consists of a team of experienced
lawyers, including six assistant counsels, three deputy counsels, and one chief counsel, who
are appointed from the panel of advocates. It is important to note that these counsels cannot
act as private counsels and only represent criminally accused individuals.
The establishment of the LADC is particularly crucial for undertrial prisoners, who often face
delays in the hearing of their cases due to insufficient legal representation. By providing
competent and dedicated legal aid, the LADC aims to expedite the legal process and ensure
that the rights of the accused are protected.
It is worth mentioning that while the LADC focuses on criminal cases, the DLSA continues
to provide legal aid for civil cases. This ensures that individuals facing legal challenges,
regardless of the nature of the case, have access to the legal support they need.
The formation of the LADC is still in its experimental phase, having been established only
two years ago. It is a testament to the DLSA's commitment to innovation and improvement in
the delivery of legal aid services. As the LADC continues to evolve and gain experience, it is
expected to play an increasingly important role in promoting access to justice for all.
The workload of a Deputy Counsel at the District Legal Services Authority (DLSA) is
substantial, with an average of 60 to 80 cases assigned to them within a period of 1 to 2 years.
These cases span a wide range of legal matters, including those related to the Central
Government Ministries (CGM), Bengal files, Additional Central Government Ministries
(ACGM), railway courts, Narcotic Drugs and Psychotropic Substances (NDPS) cases,
Protection of Children from Sexual Offences (POCSO) cases, electricity court cases, and trial
cases.
In addition to handling these cases, Deputy Counsels at the DLSA are also responsible for
providing legal aid and representation to individuals in custodial prisons. In such cases, the
prisoners are required to request the court to appoint an advocate for them, and they may also
seek assistance from the DLSA. The Deputy Counsel's role is crucial in ensuring that the
rights of the accused are protected and that they receive a fair trial. This includes providing
legal advice, preparing and presenting the case in court, and advocating for the best possible
outcome for their clients. Overall, the workload of a Deputy Counsel at the DLSA is
demanding, but it is also a rewarding opportunity to serve the community and promote access
to justice for all.
The Legal Aid Defence Counsel (LADC) initiative has been a significant development in the
realm of legal services, particularly in the state of West Bengal. This essay aims to delve into
the key aspects of the LADC, its establishment, recruitment process, and the impact it has had
on the legal landscape.
The LADC was introduced in response to the need for legal representation for
underprivileged individuals, particularly those who are accused of crimes and cannot afford
private counsel. It operates under the State Legal Services Authority (SLSA) and has been
rolled out in 12 to 15 districts across West Bengal. One such LADC office is situated in
Alipore, Kolkata.
Recruitment for the LADC is conducted in accordance with the rules set by the SLSA.
Candidates are required to have prior work experience in litigation, and the selection process
involves written exams and interviews, similar to those conducted by the Public Service
Commission. The number of candidates appearing for the exam is typically around 150.
The establishment of the LADC has had a significant impact on the legal landscape in West
Bengal. It has provided a platform for underprivileged individuals to access legal
representation, ensuring that their rights are protected and that they receive a fair trial. This is
particularly crucial for those who are incarcerated and facing criminal charges, as they may
not have the means to hire private counsel.
Furthermore, the LADC has helped alleviate the burden on the judiciary by providing legal
aid to those in need. This has resulted in a more efficient legal system, with cases being
resolved in a timely manner. Additionally, the LADC has contributed to the overall goal of
promoting access to justice for all, regardless of socio-economic status.
In conclusion, the Legal Aid Defence Counsel initiative has been a significant step forward in
ensuring access to justice for underprivileged individuals in West Bengal. It has provided
legal representation to those who cannot afford private counsel, ensuring that their rights are
protected and that they receive a fair trial. The establishment of the LADC has had a positive
impact on the legal landscape, contributing to a more efficient and accessible legal system.
The Legal Aid Defence Counsel (LADC) initiative in West Bengal has significantly
improved access to justice for underprivileged individuals, particularly in cases involving
Central Government Ministries (CGM) or State Government Ministries (SGM). In Bengal,
the LADC handles demand files for CGM and SGM matters, which are overseen by Tapas
and Partha, respectively. Additionally, Jayanta, an LADC Counsel, handles demand files for
the Protection of Children from Sexual Offences (POCSO) court.
The LADC has been established in most districts of West Bengal, ensuring that individuals
across the state have access to legal representation. However, it's important to note that sub-
division courts cannot be filed under the LADC, as they fall under a different jurisdiction.
Overall, the LADC initiative has played a crucial role in providing legal aid and
representation to underprivileged individuals in West Bengal, particularly in cases involving
CGM, SGM, and POCSO matters.
The bail application hearing in the context of a POCSO (Protection of Children from Sexual
Offences) case is a critical legal proceeding where the court assesses the merits of granting
bail to an accused individual. In a recent instance, the judge adjudicated the bail application
based on the evidence presented by the Prosecution Witness 2 (PW-2). This evidence
pertained to the alleged sexual harassment of a child and the accused's purported intention to
unlawfully acquire property. The accused had been in custody since April 19, 2022, awaiting
trial.
During the hearing, the defence expressed a keen interest in proceeding to trial, highlighting
the importance of due process. However, a significant challenge emerged as the witness,
crucial to the prosecution's case, was evading trial, which impeded the progress of the case.
Additionally, the respondent, in a counter-allegation, accused a 3-year-old child, which was
contested during the bail application.
In the context of medical evidence, it is noteworthy that Section 6 of the POCSO Act allows
for the submission of medical evidence of a child below the age of 12 years. This provision is
crucial in cases involving sexual offences against minors, as it aids in establishing the
veracity of the allegations and ensuring justice for the victim.
The presiding judge, after a thorough examination of the evidence and arguments presented,
concluded that the case made out by the prosecution was baseless and that the accused was
being unjustly targeted. The judge expressed concern over the lack of substantial progress in
the case and directed the prosecution to ensure the attendance of the witness, who is the
mother of the child, along with a vakalatnama (a legal document authorising an attorney to
represent a client) for the next hearing.
In summary, the bail application hearing in this POCSO case underscores the complexities
and challenges involved in adjudicating cases of sexual offences against minors. It highlights
the importance of due process, the role of medical evidence, and the need for effective
witness management to ensure a fair and expeditious trial.
DLSA VISIT - DAY 2: ASHA BHAWAN CENTRE, CCI - CHILDREN’S HOME -
SOUTH 24 PARGANAS
The Child Care Institution known as the Children's Home for Girls Children with Special
Needs (CWSN) is situated in the village of Keoradanga, with its postal address at P.O:
Betberia, P.S.: Bishnupur, in the South 24 Parganas district of West Bengal, India. This
institution serves as a haven for girls with special needs, providing them with care and
support tailored to their unique requirements.
The inauguration of this institution took place on May 9th, 2016, under the auspices of Smt.
Sukeshi Barui, who serves as the Chief Functionary cum Secretary of the Asha Bhavan
Centre. Her leadership and dedication have been instrumental in the establishment and
operation of this facility, which plays a vital role in meeting the needs of vulnerable girls
within the community.
Located amidst the serene surroundings of Keoradanga village, the Children's Home serves as
a sanctuary where girls with special needs can thrive and receive the attention and assistance
they deserve. The institution is committed to promoting their well-being and ensuring they
lead fulfilling lives despite their challenges. Through compassionate care and specialised
programs, it aims to empower these girls and enable them to realise their full potential.
With its address provided for reference, the Children's Home stands as a testament to the
collective effort and commitment towards providing a nurturing environment for vulnerable
children, reflecting the values of compassion, inclusivity, and support within the community.
During our visit to the Asha Bhavan Centre, a Children's Home located in South 24 Parganas,
we obtained pertinent information regarding the provision of free legal assistance to
individuals in need. Notably, certain categories of individuals are entitled to receive legal aid
from the Legal Services Authority without charge. These categories include women, children,
members of Scheduled Castes or Scheduled Tribes, industrial workers, victims of illegal
trafficking, mentally or physically disabled individuals, and those affected by natural
calamities or disasters.
Moreover, individuals under the custody of protective homes or correctional institutions, as
well as those with annual incomes below specified thresholds, are also eligible for free legal
assistance. The District Legal Services Authority (DLSA) in Alipore, South 24 Parganas,
serves as a primary point of contact for accessing such legal aid. Situated within the District
Judge Court Premises on 18 Judges Court Road, Kolkata-700027, the DLSA Alipore can be
reached via phone, fax, or email, with contact details provided as (033) 2439-8754 and
disasouth24pgns@gmail.com, respectively. Additionally, information regarding legal aid
services is available on the DLSA Alipore website: www.disasouthpgns.org.
For individuals residing in different subdivisions within South 24 Parganas, Sub-Divisional
Legal Services Authorities are also available to provide assistance. These include the
Baruipur Sub-District, Diamond Harbor Subdivision, and Kakdwip Sub-Division, each led by
Additional District and Sessions Judges. Contact information for each subdivision is provided
for easy accessibility, enabling individuals to seek legal aid services tailored to their specific
needs.
Furthermore, individuals are encouraged to utilise Lok Adalat, a forum for resolving disputes
through litigation or settlement with the assistance of trained mediators. This alternative
dispute resolution mechanism offers a timely and effective means of addressing legal issues,
ensuring equitable outcomes for all parties involved.
The vision of Asha Bhavan Centre encapsulates its overarching mission and commitment to
serving marginalised communities. With a focus on upholding dignity, equity, and self-
confidence, the organisation strives to be a beacon of hope and empowerment within society.
Asha Bhavan Centre envisions a future where every individual, regardless of their
background or circumstances, is treated with dignity and respect. By promoting equity and
inclusivity, the organisation seeks to create a society where everyone has equal opportunities
to thrive and succeed.
Central to its vision is the belief in fostering self-confidence among marginalised
communities. By empowering individuals to believe in themselves and their abilities, Asha
Bhavan Centre aims to break down barriers and create pathways to success.
Through its initiatives and programs, the organisation endeavours to bring about positive
change and transformation in the lives of those it serves. By championing the principles of
dignity, equity, and self-confidence, Asha Bhavan Centre aspires to create a more just,
compassionate, and inclusive society for all.
The Child Care Institution, established in 2016, provides shelter and care exclusively for
girls, with a current occupancy of 37 out of 100 available spaces. This institution offers
refuge to physically and mentally handicapped victims, ensuring their safety and well-being
within a supportive environment.
Operated with the assistance of 25 dedicated staff members, the institution receives support
from Foundation Lumilo, Switzerland, and Asha Bengal Trust. This collaborative effort
enables the institution to fulfil its mission of providing holistic care and support to vulnerable
girls.
In addition to shelter and care, the institution focuses on promoting self-sufficiency and
sustainability. To this end, seasonal vegetables are cultivated within the premises, ensuring
that the girls have access to fresh and nutritious produce. Furthermore, a cow farm within the
institution facilitates milk production, with 12 cows contributing to this endeavour.
Moreover, the institution boasts a fish farm, where freshwater fishes such as rohu, katla, bata,
charapona, puti, and kalbosh are raised. This initiative not only enhances the nutritional
diversity of the girls' diets but also serves as an educational and vocational opportunity,
imparting valuable skills in animal husbandry and aquaculture. Overall, these efforts
underscore the institution's commitment to providing a nurturing and sustainable environment
for the girls under its care.
At Asha Bhavan - Amtala, a dedicated team of professionals works tirelessly to provide
comprehensive care and support to the residents. The staff members play vital roles in
ensuring the well-being and development of the individuals under their care.
The team includes (from left to right):

1. Local Child Protection Officer (LCPO): Mr. Abaniranjan Halder


2. Counsellor: Ms. Pallavi Kole
3. Physiotherapist: Ms. Jayanti Ray
4. Special Educator: Ms. Mitali Samanta
5. Superintendent: Ms. Sumana Maiti
Other staff members include:
1. Child Welfare Officer: Ms. Aditi Pal
2. Accountant: Mr. Prashanto Sahu
3. House Mothers: Two
4. Helpers: Two
Each member of the team brings unique skills and expertise to their respective roles,
contributing to the holistic care and development of the residents. Their dedication and
commitment play a crucial role in creating a nurturing and supportive environment for all
individuals at Asha Bhavan - Amtala.
Children residing in Asha Bhavan are entitled to education under the Right to Education Act.
This legislation mandates that children with disabilities must be enrolled in formal schools.
To facilitate this process, Asha Bhavan ensures that each child is admitted to a suitable
educational institution in compliance with the law.
Furthermore, children with disabilities are eligible for scholarships under specific quotas.
Asha Bhavan assists in securing these scholarships, with the funds being credited to
individual bank accounts maintained by the institution on behalf of the children. This ensures
that the financial support intended for the children's education is appropriately managed and
utilised for their benefit. By adhering to these provisions, Asha Bhavan promotes inclusive
education and supports the educational advancement of children with disabilities
At Asha Bhavan, the children in residence encompass a diverse spectrum of challenges and
circumstances, reflecting the complexities inherent in their backgrounds. Among them,
locomotive disabilities manifest in various forms, ranging from partial paralysis due to birth
complications to societal pressures and norms that exacerbate their conditions. Additionally,
a considerable number of children, typically between eight and nine years old, find
themselves in precarious family situations or suffer from mental trauma, often stemming
from congenital reasons or adverse life experiences.
According to ministry guidelines, children whose mental illness surpasses 40% fall under the
category of mental retardation, rendering them eligible for special considerations and support
under the disability quota. This classification underscores the recognition of their unique
needs and the imperative to provide tailored assistance to facilitate their well-being and
development.
Moreover, Asha Bhavan accommodates children who are deaf and mute, many of whom have
been abandoned, kidnapped, trafficked, or subjected to the trauma of sexual assault. These
vulnerable individuals face profound challenges stemming from their circumstances,
necessitating specialised care and interventions to address their physical, emotional, and
psychological needs effectively.
In essence, Asha Bhavan serves as a haven for children grappling with a myriad of
adversities, ranging from physical disabilities to profound psychological trauma. Through its
holistic approach to care and support, the institution endeavours to provide a nurturing
environment where these children can heal, thrive, and ultimately reclaim their sense of
dignity and belonging in society.
The eligibility criteria and operational framework of Asha Bhavan, a pivotal institution
catering to the welfare of marginalised children, are intricately linked to various
governmental policies and legal considerations. An essential aspect of Asha Bhavan's
functioning revolves around its eligibility criteria, which dictate the parameters for admission
and participation in its programs. Notably, foreign-funded NGOs are precluded from direct
involvement with Asha Bhavan, aligning with regulations that safeguard against undue
influence or external interference in its operations.
To qualify for admission to Asha Bhavan, prospective beneficiaries must meet the stipulated
conditions outlined by Mission Batshalyo, a landmark initiative launched in April 2022 as
part of the Integrated Child Protection Scheme (ICPS) project spearheaded by the West
Bengal government. This initiative underscores the collaborative effort between the state and
central governments, alongside NGOs, as key stakeholders in establishing and sustaining
institutions like Asha Bhavan. By adhering to the mandates of Mission Batshalyo, Asha
Bhavan ensures a standardised approach to child welfare and protection, guided by principles
of equity, inclusivity, and effective partnership between governmental and non-governmental
entities.
Furthermore, Asha Bhavan holds the distinction of being a PAV (Pre-Approved Validated)
approved home under the IT Act, underscoring its compliance with regulatory frameworks
governing charitable institutions and non-profit organisations. This accreditation not only
enhances the institution's credibility but also reaffirms its commitment to transparency,
accountability, and ethical conduct in its operations.
Within Asha Bhavan, the role of the Legal Cum Probationary Officer (LCPO), exemplified
by Mr. Abaniranjan Halder, assumes paramount importance in navigating the complex legal
landscape surrounding child welfare and protection. Through interactions with Mr. Halder,
insights into the nuanced distinction between the practical application of legal principles and
the theoretical framework underpinning law degrees emerge. Moreover, Mr. Halder
elucidates the pivotal role of paralegalship in bridging these realms, emphasising its
significance in facilitating access to justice, safeguarding rights, and promoting legal literacy
among vulnerable populations.
In conclusion, Asha Bhavan's eligibility criteria, regulatory compliance, and legal oversight
underscore its commitment to upholding the rights and well-being of marginalised children.
By aligning with governmental policies, legal mandates, and ethical standards, Asha Bhavan
endeavours to serve as a beacon of hope and empowerment for the most vulnerable members
of society.
In the realm of child welfare and protection, residential homes play a crucial role in providing
shelter, care, and support to vulnerable children. Broadly categorised into two types, these
homes serve as vital institutions dedicated to safeguarding the rights and well-being of
children in need. The distinction between registered homes, operated through funding or
donations, and PAV (Pre-Approved Validated) approved homes, receiving financial
assistance from the central government under schemes like ICDS (Integrated Child
Development Services) and ICPS (Integrated Child Protection Scheme), delineates the
diverse avenues through which such facilities are established and sustained.
Registered homes constitute a significant segment of the residential care landscape, operating
with financial support derived from various sources, including donations, grants, and
fundraising initiatives. To be eligible for establishment as a registered home, stringent criteria
must be met to ensure compliance with regulatory standards and ethical norms. Firstly,
prospective NGOs seeking to establish registered homes must demonstrate a track record of
at least ten years in the field, signifying a sustained commitment to social welfare and child
protection endeavours. This criterion underscores the importance of organisational stability
and longevity in the provision of residential care services.
Additionally, NGOs aspiring to establish registered homes are required to showcase a
tangible contribution to society over the stipulated ten-year period, reflecting active
engagement in community development, advocacy, or service provision. This criterion
emphasises the integral role of registered homes as community-based institutions dedicated to
addressing societal needs and promoting the welfare of marginalised populations, particularly
children. Furthermore, stringent government audit procedures, conducted annually, serve as a
mechanism for ensuring transparency, accountability, and compliance with regulatory
frameworks governing the operation of registered homes.
In contrast, PAV approved homes represent a distinct category of residential care facilities
endorsed by the central government under the auspices of schemes like ICDS and ICPS.
These homes benefit from financial assistance and support extended by the central
government, facilitating their establishment and operation in alignment with prescribed
guidelines and standards. The centralization of funding mechanisms ensures uniformity,
consistency, and equitable distribution of resources across approved homes, thereby
enhancing the quality and scope of services available to vulnerable children.
State approval plays a pivotal role in determining the nature and scope of residential homes
that can be established within a given jurisdiction. By exercising regulatory oversight and
issuing approvals based on established criteria, state authorities contribute to the effective
governance and regulation of residential care facilities, safeguarding the rights and interests
of children entrusted to their care. In essence, the establishment and operation of registered
and PAV approved homes represent concerted efforts to address the multifaceted needs of
vulnerable children, providing them with a safe, nurturing environment conducive to their
holistic development and well-being.
During our interaction with Ms. Sumana Maiti at Asha Bhavan, we gained insights into the
specialised educational approaches tailored to meet the diverse needs of children residing
within the facility. A spectrum of educational interventions is meticulously designed to
address the varying cognitive, developmental, and vocational requirements of the children,
thereby fostering their holistic growth and development.
1. Care Group: This educational track caters to children with limited or no cognitive
abilities, necessitating highly individualised and supportive interventions to promote
their well-being and functional independence within the care setting.
2. Primary 1: Children progressing through the Primary 1 curriculum receive
foundational education and skill-building activities tailored to their cognitive and
developmental capacities, laying the groundwork for future learning and academic
advancement.
3. Primary 2: Building upon the foundational skills acquired in Primary 1, children
enrolled in the Primary 2 program engage in more advanced academic pursuits,
including literacy, numeracy, and social skills development, aimed at enhancing their
overall academic proficiency and social integration.
4. Pre-Vocational: This track focuses on equipping children with essential vocational
skills and competencies necessary for future employment and independent living,
preparing them for meaningful engagement in the workforce and broader community.
5. Vocational: The Vocational program offers specialised training and hands-on
experience in specific trades or occupations, empowering children to explore and
develop their talents and interests while acquiring practical skills relevant to their
career aspirations and personal goals.
Special educators at Asha Bhavan employ innovative teaching-learning methodologies
(TLM) tailored to the unique learning styles and needs of the children. These methodologies
are designed to facilitate active engagement, experiential learning, and skill acquisition,
fostering a supportive and inclusive learning environment conducive to the children's
academic and personal growth.
In adherence to guidelines stipulated by ICDS (Integrated Child Development Services), it is
noted that special educators typically do not serve in residential capacities. However, Asha
Bhavan adopts a nuanced approach, recognizing the importance of consistent and trusted
relationships between children and staff members in fostering a sense of safety, security, and
belonging. By allowing certain educators to assume residential roles, Asha Bhavan prioritises
the emotional well-being and relational stability of the children, ensuring continuity of care
and a supportive environment conducive to their overall development and flourishing.
House mothers play a pivotal role in the nurturing and care of children at Asha Bhavan,
assuming responsibilities ranging from basic caregiving tasks such as clothing, feeding, and
grooming to providing essential emotional and psychological support. Their role transcends
mere caregiving to encompass the provision of a nurturing and supportive environment akin
to that of a familial setting. Within this framework, house mothers serve as maternal figures,
offering not only physical care but also emotional solace and guidance to the children under
their charge.
Unlike formal educational qualifications, the eligibility criteria for house mothers prioritise
qualities of sensitivity, empathy, and emotional resilience, which are deemed essential for
effectively meeting the diverse needs of the children. Rather than relying solely on academic
credentials, the selection process emphasises the presence of a compassionate and nurturing
disposition, ensuring that individuals chosen for these roles possess the requisite qualities to
establish meaningful and supportive relationships with the children.
With two house mothers and two helpers, Asha Bhavan ensures a balanced and conducive
caregiving environment wherein the children receive personalised attention and care. This
staffing structure enables the house mothers to engage with the children on an individualised
basis, addressing their unique needs and fostering a sense of security, trust, and belonging
within the residential setting. By embodying the role of surrogate mothers, these dedicated
caregivers play an instrumental role in shaping the holistic development and well-being of the
children, thereby creating a nurturing and supportive environment conducive to their growth
and flourishing.
At Asha Bhavan, the children under care are categorised into three distinct groups based on
their mobility and physical capabilities: bedridden, wheelchair users, and those with limited
mobility who can walk to some extent. Each group requires tailored care and attention to
address their specific needs and challenges effectively.
The developmental phase of these children, spanning from birth to eight years, is a critical
period characterised by significant milestones in physical, cognitive, and emotional growth.
However, for many children at Asha Bhavan, developmental progress may be impeded due to
various factors such as restrictive cognitive abilities and adverse familial circumstances.
In particular, children may face challenges in receiving adequate nutrition, stemming from
impoverished family backgrounds or poor household conditions. Consequently, some
children may not be habituated to regular and nutritious meals, leading to deficiencies in
essential nutrients vital for their overall health and development.
Moreover, basic hygiene practices, including toilet training, pose a challenge for certain
children at Asha Bhavan. Due to a lack of prior exposure or guidance, some children may not
possess the necessary skills to perform basic tasks such as urination or defecation
independently. Addressing these fundamental aspects of daily living requires specialised
support and intervention to ensure the holistic well-being and development of the children
under care. Through personalised care plans and targeted interventions, Asha Bhavan
endeavours to provide comprehensive support and assistance to each child, facilitating their
growth, independence, and overall quality of life.
Under the Juvenile Justice Act, children under the age of six years are not eligible to be
admitted to Asha Bhavan, which creates a significant gap in the system. Instead, these young
children are placed in sub-homes until they reach the age of six. This limitation highlights a
loophole in the current framework, as it fails to address the needs of children in this age
group effectively.
Furthermore, there is a discrepancy in the approach towards children with operative diseases.
Despite their medical condition, these children are often directed to Child Welfare Services
(CWS) offices, which may not be equipped to address their specific healthcare needs. CWS
primarily focuses on addressing the mental and emotional well-being of children, rather than
providing medical treatment for operable diseases.
An illustrative incident recounted by Ms. Sumana Maiti sheds light on the challenges faced
by children with medical conditions. She narrated the case of a child who underwent surgery
to repair a 4.20 mm hole in the heart, a condition that had persisted since infancy. Despite the
child's medical history and need for ongoing care, they were placed in a government home to
facilitate visits from central government health workers for ultrasound examinations.
However, concerns were raised regarding the efficacy of government hospitals in delivering
adequate medical care to these children. The incident underscores the pressing need for
improved coordination and provision of medical services within the institutional framework,
ensuring that children with medical conditions receive timely and appropriate healthcare
interventions. Addressing these systemic challenges is paramount to safeguarding the health
and well-being of vulnerable children under state care.
In cases where issues arise concerning the welfare of the children at Asha Bhavan, judicial
investigation is initiated under the purview of Ms. Sumana. She oversees these investigations
to ensure accountability and adherence to legal protocols in safeguarding the rights and well-
being of the children under her care.
One notable instance brought to light involved the administration of iron tablets to the
children. Despite the standard practice of providing iron supplements, there was a lapse in
this protocol, leading to a period of eight months where the children did not receive these
essential supplements. This discrepancy underscores the importance of strict adherence to
medical protocols and the need for vigilant oversight to prevent such oversights from
occurring.
Furthermore, the judicial officer, Mr. Vibration Kishan, meticulously reviews the case files of
each child under his jurisdiction. This proactive approach ensures that he maintains
accountability for all matters pertaining to the children's records and ensures that any
discrepancies or concerns are promptly addressed.
However, challenges persist in expediting necessary medical procedures for the children.
Delays in scheduling operations, often exacerbated by the high demand for hospital beds,
result in significant waiting periods, sometimes up to eight months. Despite directives from
the state authorities, children at Asha Bhavan must endure prolonged waiting times,
sometimes waiting an additional two months before undergoing necessary surgical
procedures at PG Hospital. These delays underscore the urgent need for improved access to
healthcare services and streamlined processes to mitigate the impact of overcrowding and
bureaucratic hurdles on the timely delivery of medical care to vulnerable children.
Upon admission to Asha Bhavan, Amtala, girl children undergo pregnancy tests (VDRL), a
practice not mandated by the state government. The absence of official identification for
these children complicates the determination of their ages. Once approved by the Child
Welfare Committee (CWC), the children are admitted to Asha Bhavan.
Monthly Home Management Committee meetings are convened within the first 10 to 12
months of a child's stay. During these meetings, staff members estimate the ages of the
children based on their appearance and record this information. The committee also
determines the duration for which each child can remain at Asha Bhavan. If a child requires
extended care, Asha Bhavan seeks approval from the CWC. Additionally, the committee
conducts counselling sessions with the children to gather their medical histories and foster a
sense of security and trust within the facility.
It is imperative to note that access to Asha Bhavan is restricted, and entry is only permitted
with the permission of the CWC. This stringent protocol ensures that the safety and well-
being of the children are prioritised at all times.
The admission process at Asha Bhavans entails three potential outcomes for the children
involved, each with distinct implications. Firstly, a child may be categorised as a "leave
child," indicating that they will remain in their home environment rather than being admitted
to Asha Bhavan. Secondly, a child may be classified as a "restored child," signifying their
permanent removal from Asha Bhavan. Finally, a child may be labelled as a "moved child,"
indicating their transfer to a hospital for medical treatment.

The restoration of a child from Asha Bhavan to their home environment is contingent upon
approval from the Child Welfare Committee (CWC). This decision can be influenced by
input from various stakeholders, including family members, social workers, and child
helplines. A critical aspect of this process involves conducting a social investigation to assess
the suitability of the child's family environment for their return. Factors such as the family's
capacity to care for the child and the child's age are taken into consideration during this
assessment. In cases where the child is below 18 years old and lacks alternative housing
options, extended stays at Asha Bhavan may be permitted.
Despite efforts to facilitate adoption for children in Asha Bhavans, the adoption rate remains
negligible, even among enrolled children. This is attributed to various factors, including
challenges faced by adoptive families in foreign countries, leading to the return of adopted
children to India. Additionally, psychometric tests conducted under the District Mental
Health Programme evaluate the cognitive abilities of children in Asha Bhavans. Children
scoring below 72 points on these tests are deemed to have below-average intellectual
functioning, potentially impacting their prospects for adoption and reintegration into
mainstream society.
In summary, the admission and restoration processes at Asha Bhavans involve complex
considerations regarding the welfare and future prospects of the children in their care. While
efforts are made to facilitate family reunification and adoption, challenges such as suitability
of family environments and cognitive impairments present significant hurdles in achieving
positive outcomes for these vulnerable children.
DLSA VISIT - DAY 3: DLSA SEALDAH OFFICE (LOCKUP AND RECORD ROOM
VISITS)
During our visit to the DLSA Sealdah office on Day 3, we had the opportunity to explore the
intricate workings of the legal system in the context of railway board cases, as well as gain
insights into the meticulous management of legal records at the Government Record Section.
Our exploration began with a visit to the lockups where prisoners associated with railway
board cases were held in custody. Here, we witnessed the diligent efforts of para legal
volunteers, Ms. Lipika Mandol and Ms. Amita Pal, who engaged with the prisoners to
ascertain their legal needs and provide assistance where necessary. Standardised questions
were posed to the prisoners, including inquiries about their requirement for legal services,
personal details such as name, location, and father's name, as well as the possession of
identification documents like Aadhar card.
Among the individuals encountered during our visit was Md. Shadab, whose father's name
was recorded as Iqbal Khan. Notably, it was revealed that a total of 12 prisoners were
detained in relation to railway board cases. This encounter shed light on the diverse array of
individuals navigating the legal system, each with their own unique circumstances and legal
requirements.
Following our visit to the lockups, we proceeded to the Government Record Section of the
Railway board, where we were greeted by the Government Record Officer, Mr. Arnab Dutta.
Mr. Dutta, who also serves as a police OC and Primary Investigating Officer for railway
board cases, possesses a wealth of experience accumulated over 14 years. Within the confines
of the record room, we were provided with an in-depth understanding of the comprehensive
archival system in place to manage legal records pertaining to railway board cases.
The Government Record Section serves as the custodian of a vast repository of legal
documents, including those related to pre-trial, trial, and post-trial proceedings. From police
files to final orders of judgement, every aspect of the legal process is meticulously
documented and preserved within these walls. Mr. Dutta elaborated on the meticulous
procedures involved in preparing final memos of cases and their subsequent transmission to
police stations, where they remain for specified durations before further processing for
appeals.
A notable aspect highlighted by Mr. Dutta was the enduring commitment to integrity and
diligence in record-keeping, encapsulated by the motto of the Government Record Section: to
ensure the absence of malpractice in maintaining records. This commitment is further
underscored by the longevity of the records housed within the section, some of which date
back to as early as 1998. Through our interaction with Mr. Dutta and our observations within
the record room, we gained a profound appreciation for the vital role played by meticulous
record-keeping in upholding the principles of justice and accountability within the legal
system.
During our visit, we had the opportunity to tour the lockup facility where individuals
awaiting trial in the Second Class Judicial Magistrate (SCJM) court were detained. These
detainees were primarily involved in cases related to cheating and were awaiting trial in the
session court. In total, there were nine prisoners housed in this lockup at the time of our visit.
One of the detainees we encountered was Sharukh Mondal, whose father's name is Rahawat
Mondal, hailing from Dashing Gobindapur. His case, bearing number 34 and dated February
18, 2024, pertained to charges under Section 379 of the Indian Penal Code (IPC).
Accompanying him in the same case was another accused named Ahmad Ashraf, a resident
of Narkeldanga, whose contact number was provided as 8100823860.
It was observed that detainees in the lockup were restricted from providing thumb
impressions to lawyers in order to avail themselves of free legal aid services. The oversight
and management of the lockup, including prisoner counts and daily checks, were overseen by
Sub Inspector Tanuram Majhi. He, along with other police officers under his command,
maintained the necessary registers to ensure accurate record-keeping of detainee activities.
Furthermore, the record room housing the files pertinent to these cases was under the
jurisdiction of Mr. Ajith Gayen, serving as Superintendent, and Mr. Ruben Sherpa, a
constable, alongside their respective team members. These officers were responsible for the
systematic organisation and maintenance of case files, ensuring accessibility and integrity of
legal documents associated with detainees in judicial or police custody.
It is worth noting that detainees held in judicial or police custody were mandated to return to
jail premises after 6:00 PM, highlighting the stringent protocols governing their confinement
and movement within the legal and law enforcement framework. This comprehensive system
of oversight and management underscores the importance placed on maintaining order and
security within the confines of the lockup facility.
During our exploration, we also learned about the composition and operations of the District
Legal Services Authority (DLSA) Sealdah, which boasted a team of four empanelled lawyers
and five staff members. Among these, Ms. Kavita Sarkar, serving as a Legal Aid Defense
Counsel, was present during our visit, while other lawyers rotated on a scheduled basis.
During our time at the DLSA Sealdah office, we encountered a petitioner named Samir
Priyadarshini, who sought legal advice regarding a matrimonial dispute concerning
maintenance payment. Despite already having legal representation, Mr. Priyadarshini opted
to seek assistance from the DLSA. However, it was noted that his case did not fall within the
eligibility criteria stipulated by the DLSA. Consequently, his claim was not registered by the
authority.
This instance highlighted the adherence of the DLSA to specific eligibility guidelines and its
commitment to providing legal aid services to individuals who meet the predetermined
criteria. Through this observation, we gained insights into the practical application of legal
aid provisions and the rigorous evaluation process undertaken by legal aid authorities to
ensure equitable access to justice for eligible individuals.
DLSA VISIT - DAY 4: JUVENILE JUSTICE BOARD, SOUTH 24 PARGANAS
On the fourth day of our investigative journey, we ventured to the Juvenile Justice Board
(JJB) located in South 24 Parganas. Here, we had the opportunity to engage with Tinku
Mandal, a dedicated paralegal volunteer (PLV) who shed light on the process and criteria
involved in becoming a PLV at the JJB.
According to Ms. Mandal, individuals aspiring to serve as PLVs must undergo a structured
application process. This process typically entails filling out an application form, followed by
an interview and subsequent training. After completing the requisite training, prospective
PLVs are required to pass a recruitment test. The initial placements for PLVs may involve
assignments in Block Development Offices (BDOs), Panchayats, or various levels of
governance. Alternatively, individuals with a graduate degree or legal background,
supplemented by 3 to 4 months of training and a 6-month interval, are eligible to apply for
PLV positions. Additionally, lawyers interested in serving as PLVs undergo specialised
training, including participation in one-day workshops.
During our visit to the JJB, we observed the presence of Legal Aid Defense Counsels
(LADCs) who attentively listened to the claims of petitioners. Notably, it was customary for
lawyers to remove their black coats upon entering the JJB premises, a gesture aimed at
ensuring a non-intimidating environment for juvenile offenders.
Our interaction with Ms. Mandal provided valuable insights into the recruitment and training
processes for PLVs at the JJB, highlighting the diverse pathways through which individuals
contribute to the juvenile justice system as dedicated volunteers and legal professionals.
Through their diligent efforts, PLVs and LADCs play pivotal roles in safeguarding the rights
and interests of juveniles within the legal framework of juvenile justice.
During our visit to the Legal Services Authority (LSA) office in South 24 Parganas, we
encountered four empanelled lawyers actively engaged in their duties. These legal
professionals, namely Sapna Raychowdhury, Shyamal Brahma, Partha Sharathi Das, and
Nandita Nandy, were diligently attending to their responsibilities within the legal domain.
Our attention was drawn to the petitioner's claim presented by Santosh Kumar, son of Arun
Kumar, residing in Gramkahkarkit within the Nadia district. Mr. Kumar's presence at the
LSA office underscored the significance of legal aid and guidance sought by individuals from
diverse geographical regions within the jurisdiction of South 24 Parganas.
During our interview with Mr. Moyazzen Hussain, the Principal Magistrate of the Juvenile
Justice Board (JJB), we delved into various aspects concerning the types and nature of cases
handled by the board. Here's an overview of the insights shared:

1. Types of Cases:
The JJB primarily deals with grievous or serious offences committed by juveniles. Cases
involving heinous crimes, such as rape, murder, or other serious offenses, fall under the
jurisdiction of the JJB. Offenders aged between 16 to 18 years are eligible to be heard in the
JJB. However, there's a crucial consideration regarding the mental capacity of the offender to
comprehend the gravity of their actions. The magistrate is tasked with assessing whether the
child is rational enough to understand the nature of the offence they have committed.
Psychologists play a pivotal role in determining the cognitive capacity of the child through
medical assessments, including isometric tests, which provide valuable insights into the
child's mental state. The findings of these psychological evaluations hold significant weight
as expert opinions during the proceedings. In cases where the magistrate disagrees with the
psych report, careful consideration is exercised while opposing such expert opinions.
Additionally, the principle of "doli incapax" applies, which implies that children below 16
years are presumed not to understand the consequences of their actions and are therefore
exempted from legal liability. These insights shed light on the intricate process involved in
adjudicating cases involving juvenile offenders and underscore the importance of considering
both legal and psychological factors in ensuring fair and just outcomes within the juvenile
justice system.

2. Case Disposition:
Over a span of six months, a considerable number of cases were heard and disposed of by
the JJB. Notably, none of the juveniles involved were found guilty, and all were pardoned
due to insufficient evidence to establish their culpability. This underscores the stringent
evidentiary standards applied within the JJB, where cases must be proven beyond a
reasonable doubt to ensure fair and just outcomes for juvenile offenders.

3. Sanction Process:
Juvenile offenders found culpable are typically sent to correctional homes for a duration of
less than 15 days, as highlighted by Advocate Ashok Majumdar. This emphasises the
rehabilitative approach adopted by the JJB, aiming to provide juveniles with the necessary
guidance and support to reintegrate into society positively. In cases where a juvenile offender
is found guilty by the Juvenile Justice Board (JJB), the typical sanction involves a period of
residence in a correctional home for a duration of three years. This period of detention is
aimed at providing the juvenile offender with structured rehabilitation and intervention
programs tailored to address their specific needs and circumstances. During their stay in the
correctional home, juveniles may undergo various educational, vocational, and counselling
interventions designed to promote their personal development and facilitate their successful
reintegration into society upon completion of their sentence. This approach reflects the
rehabilitative ethos of the juvenile justice system, emphasising the importance of addressing
underlying issues and promoting positive behavioural change among young offenders.

4. Differences from Court Trials:


A distinctive aspect of proceedings in the JJB is the absence of the formal courtroom
environment typically associated with traditional court trials. Lawyers are prohibited from
wearing black coats within the JJB premises, contributing to a less intimidating atmosphere
for juvenile offenders. Despite this distinction, the procedural protocols followed in court
trials are rigorously adhered to within the JJB, ensuring that due process is upheld while
safeguarding the rights and interests of juvenile offenders. These insights shed light on the
unique characteristics of the Juvenile Justice Board and its commitment to fostering
rehabilitation and reintegration for juvenile offenders within a supportive and equitable
framework.
In the juvenile justice system, the statements of juvenile offenders held in custody cannot be
recorded by the magistrate as Section 164 statements. This means that confessions or
statements made by juvenile offenders during their time in custody cannot be formally
recorded by the principal magistrate for use as evidence in legal proceedings. This provision
is in line with the principles of juvenile justice, which aim to safeguard the rights and welfare
of young offenders, including protecting them from self-incrimination and ensuring fair
treatment throughout the legal process. Instead, other procedures and mechanisms may be
used to gather information or evidence relevant to the case, always taking into account the
specific needs and vulnerabilities of juvenile offenders.

5. Counselling Process
During our visit, we had the opportunity to speak with the JJB Counsellor, Ms. Piya
Bhattacharjee, who provided valuable insights into the counselling services offered at the
Juvenile Justice Board. According to Ms. Bhattacharjee, any offender under the age of 18, as
well as underage victims and their families, are eligible for counselling services. She
highlighted that environmental factors, technological influences, and a lack of awareness
about the legal consequences of actions often contribute to juveniles becoming offenders. Ms.
Bhattacharjee shared a case study illustrating the complexities of juvenile offences. In this
case, a juvenile had established a friendship with a girl on Facebook, subsequently spending
two nights at her residence. Subsequently, the girl's family filed a case against the boy. Such
scenarios underscore the importance of understanding the nuanced dynamics of juvenile
behaviour and the role of technology in shaping interactions. Regarding counselling
practices, Ms. Bhattacharjee mentioned the existence of a standardised questioning format
tailored to the circumstances of each case, whether the individual is the accused or the victim.
These questions are collaboratively developed by a medical board in consultation with
psychologists and magistrates. It was emphasised that younger juveniles, particularly those
under the age of 16, may lack full comprehension of their actions and the associated legal
implications. Many offences committed by juveniles, she noted, occur impulsively and
without malicious intent. Ms. Bhattacharjee's insights shed light on the multifaceted nature of
juvenile offences and the importance of providing targeted support and intervention to
address underlying issues and prevent recidivism. Through counselling and tailored
interventions, efforts can be made to steer juveniles towards positive pathways and mitigate
the risk of future involvement in criminal activities.
Ms. Piya Bhattacharjee further highlighted the absence of platforms for imparting basic legal
education, lamenting that schools do not incorporate such teachings into their curriculum. She
underscored that even juveniles above the age of 16 may lack a comprehensive understanding
of the ramifications of their actions, although they grasp the nature of the offences
committed. In another illustrative case, Ms. Bhattacharjee recounted an incident involving
two juveniles who observed a woman adorned with gold ornaments. One of the juveniles
attempted to steal the jewellery, while the other acted as an accomplice. Such examples shed
light on the various factors contributing to juvenile delinquency, including socio-economic
disparities and susceptibility to exploitation by criminal networks.
Furthermore, Ms. Bhattacharjee drew attention to the prevalence of criminal rackets that
exploit underprivileged children to perpetrate thefts and dacoities in exchange for monetary
compensation. These exploitative practices underscore the vulnerability of juveniles from
marginalised backgrounds and the urgent need for targeted interventions to address
underlying socio-economic inequalities. Regarding confidentiality in counselling sessions,
Ms. Bhattacharjee emphasised the importance of maintaining privacy between the counsellor
and the juvenile offender or victim. However, she acknowledged instances where
confidentiality may be breached in the best interests of the child, particularly when sharing
crucial information with magistrates or public prosecutors to ensure the child's protection and
facilitate appropriate legal proceedings. Such measures are essential for safeguarding the
welfare of juveniles involved in the criminal justice system and ensuring that their rights are
upheld throughout the legal process.
DLSA VISIT - DAY 5: CALCUTTA NATIONAL MEDICAL COLLEGE (PAVLOV
MENTAL HOSPITAL)
Dr. Sebanti Mukherjee, the Deputy Superintendent at Pavlov Hospital, provided insights into
the operational processes and the hospital's collaboration with DLSA during our visit. The
entire process begins with free access to the hospital's Outpatient Department (OPD) for all
individuals. If further medical attention or admission is deemed necessary, it is provided
according to the patient's specific requirements. A formal medical board is convened to
establish comprehensive medical records for both accused individuals and victims. The
composition of the board is internally determined based on a panel of experts. Subsequently,
the board prepares an assessment report, which serves as the basis for determining the next
course of action.
In executing these processes, Pavlov Hospital adheres strictly to the Mental Healthcare Act of
2017, ensuring compliance with relevant sections of The Bharatiya Nyaya Sanhita, 2023
(BNS). The BNS, while largely retaining provisions of the Indian Penal Code (IPC),
introduces new offences and eliminates those deemed invalid by Indian courts. Additionally,
it seeks to enhance penalties and punishments for various offences. Notably, Section 86 of the
BNS now encompasses the harming of a woman's mental health within the definition of
'cruelty'. Previously, the bill prescribed a three-year jail term for individuals engaging in cruel
treatment towards a married woman without defining the parameters of such treatment. The
revised definition extends to encompass mental well-being, addressing a significant gap in
the legal framework.
Another noteworthy addition to the BNS pertains to safeguarding the identity of sexual
assault survivors. The bill now stipulates a two-year jail sentence for any individual who
discloses the victim's identity from court proceedings without the victim's explicit
permission. This provision reflects a critical step towards protecting the privacy and dignity
of survivors within the legal domain.
Through its collaboration with DLSA, Pavlov Hospital plays a crucial role in ensuring
comprehensive medical evaluation and documentation for individuals involved in legal
proceedings. By adhering to legal frameworks and safeguarding patient rights, the hospital
contributes to upholding justice and promoting the well-being of all individuals within the
legal system.
Pavlov Hospital serves as a critical refuge for individuals who arrive without basic necessities
such as food and clothing, often lacking any form of SOS mechanism. These individuals
encompass a wide spectrum of age groups, highlighting the diverse range of individuals
seeking assistance. Upon arrival, the hospital conducts thorough assessments to determine the
accused's capacity to provide a statement, ensuring that legal proceedings proceed in a fair
and just manner. Additionally, consultations with the Juvenile Justice Board (JJB) are
conducted to ascertain the suitability of parental care for underage individuals involved in
legal matters.
Post-trauma psychological evaluations are a pivotal aspect of the hospital's services, aimed at
addressing the mental well-being of victims. Particularly, the hospital caters to individuals
primarily within the reproductive age group, spanning from 18 to 60 years old. The
psychiatric ward plays a central role in addressing the multifaceted mental health needs of
patients, offering specialised care and support tailored to individual circumstances.
Despite receiving treatment, a concerning trend emerges wherein family members often fail
to attend to patients' discharge needs. This underscores the challenges associated with
reintegrating patients into society, especially in the context of mental health issues being
stigmatised and considered taboo. The absence of familial support exacerbates the difficulties
faced by patients in transitioning back to their communities, highlighting the need for broader
societal acceptance and support mechanisms for individuals grappling with mental health
challenges.
Pavlov Hospital's comprehensive approach to addressing the needs of vulnerable individuals
encompasses medical assessments, consultations with legal authorities, and specialised
psychological support. However, the persisting societal stigma surrounding mental health
poses significant obstacles to the successful reintegration of patients into society,
underscoring the imperative for collective efforts to combat stigma and promote mental
health awareness and acceptance.
The process of reintegrating individuals with conditions such as schizophrenia, bipolar
disorder, depression, or cognitive disabilities poses significant challenges. These conditions
often require specialised care and support to navigate daily life and social interactions
effectively. One of the primary obstacles lies in the lack of understanding regarding the root
causes of these conditions.
Medical experts continue to grapple with the question of whether these conditions stem from
exacerbated environmental factors or are purely congenital in nature. The complex interplay
between genetic predispositions, environmental stressors, and societal influences makes it
difficult to pinpoint definitive causes. Consequently, designing effective intervention
strategies and support mechanisms becomes a daunting task.
Individuals grappling with schizophrenia, bipolar disorder, depression, or cognitive
disabilities often face societal stigma and discrimination, further hindering their reintegration
efforts. Misconceptions and prejudices surrounding mental health conditions perpetuate
social exclusion and exacerbate feelings of isolation and alienation.
Moreover, the symptoms associated with these conditions, such as cognitive impairments,
mood disturbances, or psychotic episodes, can impede individuals' ability to engage
meaningfully in work, education, or social relationships. As a result, they may struggle to
access opportunities for social participation and economic independence.
Addressing the reintegration challenges faced by individuals with mental health conditions
requires a multi-faceted approach. This includes:
1. Comprehensive Support Services: Providing access to mental health professionals,
social workers, and rehabilitation specialists who can offer personalised support and
guidance tailored to individuals' unique needs.

2. Community Inclusion Initiatives: Implementing programs aimed at reducing stigma


and promoting social inclusion of individuals with mental health conditions within
communities. This may involve awareness campaigns, peer support groups, and
initiatives to foster understanding and empathy.

3. Employment and Education Opportunities: Creating inclusive employment and


educational environments that accommodate the diverse needs of individuals with
mental health conditions, thereby facilitating their integration into mainstream
society.

4. Family and Caregiver Support: Offering support services and resources to families
and caregivers of individuals with mental health conditions, equipping them with the
tools and knowledge to provide effective care and support.

5. Policy and Advocacy Efforts: Advocating for policy reforms and legislation aimed at
protecting the rights of individuals with mental health conditions and promoting their
full inclusion and participation in society.
By addressing these reintegration challenges holistically and fostering a supportive and
inclusive environment, society can better empower individuals with mental health conditions
to lead fulfilling and meaningful lives.

According to Dr. Sebanti, the typical timeframe for recovery varies significantly based on the
severity of the condition and individual circumstances:
1. Regaining Normalcy to Partial Normalcy: This process can range from as little as 7
days to as long as 7 years. The duration depends on factors such as the type of mental
health condition, the effectiveness of treatment interventions, and the level of support
available to the individual.

2. Immediate Aid for Victims: Victims requiring immediate aid receive assistance within
24 hours of admission to the hospital. This swift response is crucial in addressing
urgent medical needs and ensuring the well-being of the individual.

Despite the dedicated efforts of the hospital staff, several challenges persist due to the
overwhelming demand for services:

1. Staffing: The hospital employs approximately 400 staff members to manage the needs
of the patients. However, with a high patient-to-staff ratio, providing adequate care
and attention to each individual can be challenging.

2. Overcrowding: The hospital faces a serious issue of overcrowding, with more than
500 patients occupying 250 beds. This overcrowding exacerbates the strain on
resources and infrastructure, making it difficult to maintain quality standards of care.

3. Demand-Supply Discrepancy: The disparity between the demand for mental health
services and the available resources creates an ongoing challenge. Despite efforts to
expand capacity, the hospital continues to grapple with meeting the needs of all
patients effectively.
Addressing these challenges requires a multi-pronged approach, including:
1. Expansion of Infrastructure: Investing in the expansion of hospital facilities and
infrastructure to accommodate the growing number of patients and alleviate
overcrowding.

2. Recruitment and Training: Hiring additional staff members and providing them with
comprehensive training to enhance the quality of care and support services offered to
patients.

3. Improving Efficiency: Implementing measures to streamline processes and optimise


resource utilisation to improve efficiency in service delivery.

4. Advocacy and Resource Mobilization: Advocating for increased funding and


resources for mental health services at the local, regional, and national levels to bridge
the gap between demand and supply.
By addressing these challenges proactively, the hospital can enhance its capacity to provide
timely and effective mental health care to individuals in need, ultimately improving outcomes
and promoting overall well-being.
On the final day of our visit to the District Legal Services Authority (DLSA) office in
Alipore, we observed two mediation proceedings, each shedding light on different facets of
legal dispute resolution.
DLSA VISIT - DAY 6: MEDIATION AT DLSA ALIPORE OFFICE
On the final day of our visit to the District Legal Services Authority (DLSA) office in
Alipore, we observed two mediation proceedings, each shedding light on different facets of
legal dispute resolution.
The first mediation session revolved around the issue of recovering dues in a money suit,
concerning a dispute related to project funds. This case was referred to mediation from
Section 89 of the court, indicating a court-referred mediation process. In such instances,
evidence, such as a cheque for money recovery, was not provided to the mediator directly by
the court. However, parties involved in pre-litigation mediation can opt for mediation with
mutual consent, where Section 89 is not referenced explicitly.
The difference between court-referred mediation under CPC Section 89 and pre-litigation
mediation lies primarily in the initiation and context of the mediation process:

1. Initiation:
a. Court-referred mediation (under CPC Section 89): In court-referred
mediation, the mediation process is initiated by the court as a part of the
judicial proceedings. It typically occurs after the commencement of litigation,
where the court, upon considering the nature of the dispute, refers the parties
to mediation with their consent.
b. Pre-litigation mediation: Pre-litigation mediation, on the other hand, occurs
before any formal legal action is initiated. Parties voluntarily opt for mediation
to resolve their dispute outside the formal legal framework, without involving
the court.

2. Context:
a. Court-referred mediation: Court-referred mediation is often employed when
parties are already involved in litigation. It serves as an alternative means of
dispute resolution within the judicial process, aiming to facilitate a settlement
and reduce the burden on the courts.
b. Pre-litigation mediation: Pre-litigation mediation occurs before any legal
action is taken. Parties may choose this approach to resolve their dispute
amicably, avoiding the time, expense, and adversarial nature of formal legal
proceedings.

3. Legal Framework:
a. Court-referred mediation: Court-referred mediation operates within the
framework of the Civil Procedure Code (CPC), specifically under Section 89,
which empowers courts to refer disputes for mediation, conciliation, or other
alternative dispute resolution methods.
b. Pre-litigation mediation: Pre-litigation mediation may or may not be governed
by statutory provisions, depending on the jurisdiction. In some cases, it may
be conducted under the auspices of private mediation centres or organisations,
following their own rules and procedures.
4. Voluntariness:
a. Court-referred mediation: While court-referred mediation is initiated by the
court, participation by the parties is typically voluntary. However, once
referred by the court, parties are encouraged to engage in good faith in the
mediation process.
b. Pre-litigation mediation: Pre-litigation mediation is entirely voluntary, with
parties freely choosing to participate in the process. They retain full control
over the outcome and can withdraw from mediation at any time.

In summary, court-referred mediation occurs within the context of ongoing litigation and is
initiated by the court, whereas pre-litigation mediation occurs before any legal action and is
voluntary in nature, initiated by the parties themselves seeking to resolve their dispute outside
the formal legal system.
In the first mediation session, the focus was on a bail application hearing in a POCSO
(Protection of Children from Sexual Offences) case, based on the merit of the case. The case
involved allegations of sexual harassment of a child with an alleged intention to grab
property. The accused had been in custody since April 19, 2022. Despite the defence's
interest in proceeding to trial, witness evasion hindered progress. The defence contended that
the allegations, especially those against a 3-year-old, were baseless. The judge emphasised
the importance of medical evidence, particularly when the victim is below the age of 12, as
stipulated in Section 6. However, the judge noted a lack of substantial progress in the case
and directed the prosecution to ensure the attendance of crucial witnesses, particularly the
mother of the child, for future hearings. The second mediation session, which involved a
matrimonial dispute, was postponed for future hearings.
These mediation proceedings underscored the diverse nature of legal disputes and the
importance of effective dispute resolution mechanisms. Through mediation, parties can
explore mutually acceptable solutions, thereby reducing the burden on the judicial system and
promoting timely justice delivery. Additionally, these sessions highlighted the complexities
involved in cases, such as those concerning sensitive matters like child sexual abuse, and the
need for comprehensive legal strategies to address such issues effectively.

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