DAILY REPORT OF INTERNSHIP

(DISTRICT LEGAL SERVICES AUTHORITY HAMIRPUR)

14.06.2023-

I went to the District legal service Authority on the first day of my internship, I gave them
my authority letter, after giving my authority letter, and they allowed me for my interns hip.
As soon as he allowed my internship, he sent me to District court Hamirpur and authorized
Sh. Advocate Virender Singh. First of all, he gave basic knowledge about legal aid, he told
me which provisions collate from legal aid. They tell me the provision of legal aid. Article
39A of the Constitution of India deals with the provisions of equal justice and free legal
aid. Furthermore, it provides free legal aid to the poor and weaker sections of society and
ensures justice for all on the basis of equal opportunity, and shall, in particular, provide
free legal aid, by suitable legislation or schemes or in any other way, to ensure that
opportunities for securing justice are not denied to any citizen by reason of economic or
other disabilities. Article 39A 42nd Amendment

Features

1) This Article is highly significant, as it makes provision for a right to seek legal aid and
declares that it is the duty of the state to secure that right.

2) It is not possible to have effective legal recourse without access to legal aid. Access to
justice is a prerequisite for any meaningful redress of grievances. When any affected
person is denied the right to receive legal aid, his/her complaint will remain unheeded and
efforts made to provide it would be futile.

3) Article 39 A suggests that free legal aid should be provided at a reasonable charge, as
per prevailing circumstances. This means that there must be an understanding between the
government and the individual concerned as to how much should be charged. Only then
can it create an atmosphere where access can take place in that particular region in a
particular area.
4) It must be remembered that the right to free legal aid is available only to those who
require it. To help litigants in person, a lawyer will be appointed as an amicus curiae in
cases where the litigant is not entitled to free legal aid but is unable to engage a lawyer.

5) The Supreme Court has clarified that it is not obligatory for the state to provide free
legal aid in all matters and that it would depend upon whether it was provided by the
central or state government. Any additional grant given under article 39A can only be used
for providing legal aid and no other purpose should be considered.

Section 304 in the Code of Criminal Procedure, 1973

304. Legal aid to accused at State expense in certain cases.

(1) Where, in a trial before the Court of Session, the accused is not represented by a
pleader, and where it appears to the Court that the accused has not sufficient means to
engage a pleader, the Court shall assign a pleader for his defence at the expense of the
State.
(2) The High Court may, with the previous approval of the State Government, make rules
providing for-
(a) The mode of selecting pleaders for defence under sub- section (1);
(b) The facilities to be allowed to such pleaders by the Courts;
(c) The fees payable to such pleaders by the Government, and generally, for carrying out
the purposes of sub- section (1).
(3) The State Government may, by notification, direct that, as from such date as may be
specified in the notification, the provisions of sub- sections (1) and (2) shall apply in
relation to any class of trials before other Courts in the State as they apply in relation to
trials before Courts of Session.

Sh. Advocate Virender Singh told us that who gets free legal aid. Then he told that free
legal aid SC ST BPL and those whose income is less than 36000 get it. Then Sh. Advocate
Virender Singh told us to sit the CJM court and watch the proceedings of the court. Then
after that I heard the court proceedings.
15.06.2023-

On the second day I went to court .After that ACJM sat in the court and saw the
proceedings of the court how that court works. There were too many cases going
on the ACJM court. The name of one of those cases was Raj Mohan VS. Pravesh
Mohd. In ACJM, a matter was listed for framing of charges in a criminal case,
primarily involving Ss. 420 IPC (cheating) and 120B (criminal breach of trust).
The police had filed charge-sheet implicating the accused of the crime and so had
kept him in column 11 of charge- sheet. No charges were framed against the
father of accused, alleged to be co-accused in this case by complainant, so his
name was kept in column 12 of the charge-sheet.

Arguments were held on behalf of accused to get both of them discharged,

however, the court discharged only father of accused considering that police does
not find his involvement in its investigation and complainant could not put forth
any credible proof of his involvement. At the time of framing of charges victim/
complainant was also summoned. The matter of framing of charges was being
held for last three hearings. The court got prima facie satisfied with the allegations
and framed charges as under-

1. Whether crime of cheating under section 420 IPC is proved against

accused beyond reasonable doubt?

2. Whether crime of criminal breach of trust under section 120B IPC is

proved against accused beyond reasonable doubt?

16.06.2023-

On the third day I went to visit Juvenile Justice Court which was in SAD office. The ACJM
judge also came to see the case in Juvenile Justice Court. Sitting in the Juvenile justice
court, I listened to the proceedings. Let the judge tell us about the Juvenile Justice Board.
The Juvenile Justice Board is an institutional body constituted under Section 4 of the JJ
Act, 2015. According to the division of powers, the subject of administration of criminal
justice has been included in the State List (List II, Schedule VII) of the Indian
Constitution. Therefore, one or more than one Juvenile Justice Board(s) are established
by the State Government for each district. The Board exercises its powers and discharges
functions relating to the ‘child in conflict with law’ as has been defined under Section
2(13) of this Act.
The term term 'juvenile'. It refers to any person below the age of 18 who
has been accused of a crime. As you know child is one whose age is under 18 years, but
when this child commits any crime, normal or heinous, called a juvenile.

17.06.2023-

On the Fourth day of my internship I went go to district court Hamirpur. And met Advocate
Sh. Virender Singh. That day we visited our jail and Advocate Sh. Virender Singh sir took
us to jail. By 10:45 we all reached the jail after that we entered the jail. Then we met a jail
officer, police constable Mr. Abu Saklani, he informed us about the jail, then he told that
there are total 83 prisoners in our jail.They also told that a prison is something that is
defined as a place of accommodation which was used for the individuals who have
committed an offence and whose trial is pending for having committed that offence. The
prison and prisoners law in India are one of the laws that was unnoticed and forgotten
and it cannot get sufficient importance as it should be for reforms in today's scenario.
There is lack of strong legislations for those people
who are staying in the prisons who also have the right to live with dignity and also
entitled for basic respect like all other citizens of the country.
There are many instances in which prisoners have
been subjected to inhuman conditions or treatment and deprived of basic needs such as
proper food and proper sanitary conditions. Prison should help in reforming humans
instead of only punishing them. Reforms only be brought in society when criminals get
the right chance of improvement. If a person commits crime that does not means that
person stops from been a human being or becomes non- human he cannot deprived from
personal liberty.
Prison and their administration is a state subject covered by item
number 4 under the state list of seventh schedule of Indian Constitution. State
government has exclusively power related to the management and administration of
prison. It is governed by the Prison Act 1894 and the prison manuals of the respective
state governments. The state has primary role and responsibility and authority to change
the current prison laws, rules and regulations.
The central government only have power to give
assistance to the states to improve security in prisons, medical facilities, for the repair
and renovation of old prisons, development of borstal schools, facilities to women
offenders, vocational training, modernisation of prison industries, training to prison
personnel and for the creation of high security enclosures.
The Supreme Court of India through various
judgments enumerated several rules related to the prison administration.
In India there are three levels of Prison such as Taluka level, district level and
central level (sometime it is also known as zonal /range level). The jails in these levels
are known as Sub jails, district jails and central jails respectively. In general the
infrastructure, security, medical facilities, educational and rehabilitation facilities are
better from sub jail to central jail. There are also some other types of jail such as women
jails, Borstal school, open jails, and special jails.

19.06.2023-

On the Fifth Day I went go to civil Judge-JMFC, Barsar. Than we sat there inside the court.
And then there we observed the court working and proceedings. There was a lot of
cases.
I Attended the case in court for getting the
experience of cross-examination of a witness in a civil case. It was learnt here that
CPC had been amended consequent to which examination in chief was to be
compulsorily made on affidavit and a copy to be supplied to opposite party vide
Order XVIII Rule 4 of CPC. The respondent’s counsel, before starting cross-
examination, raised the objection that the aggrieved party has not brought original
documents to substantiate their allegations and also they have not submitted the
certificate as per Section 65B of Indian Evidence Act. On these grounds
respondent’s counsel said that without these basic documents cross-examination
cannot be held as there was nothing with the petitioner to substantiate their
allegations. The court accepted the arguments and gave next date for cross-
examination.

However, next the counsel for petitioner requested the court to

appoint the Local Commissioner for the cross-examination under Order XXVI of
CPC for expediting the finalizing of case. At this the respondent’s counsel
objected that as there is no inordinate delay so the court should not allow such
extra-ordinary process for delivery of justice. Anyhow the delay, if any, is on part
of petitioner itself. At this court turned down the request of petitioner.
 20.06.2023-

On the sixth Day I went Go to ADR center (Alternative Dispute Resolution). There we
were told about legal aid. He told that more cases comes from NDPS, then told us about
the history of legal aid. Legal aid is a government program that provides help, advice, and
representation to those who cannot afford it. Free legal aid is every Indian’s fundamental
human right according to the Indian Constitution. The National Legal Services Authority
regulates this component of legal services. It guarantees help to the poorer parts of society
who fall under section 12 of the Legal Services Authority Act, 1987. Legal help to the
poor, weak, and illiterate is required for the rule of law to exist. Poor, illiterate people are
denied access to justice unless they are given legal counsel.

Types of Legal Services

Legal services can be divided into two types; pre-litigation services and post-litiga t ion
services.

With each passing day, the number of lawsuits is on the rise, which poses a risk to the
smooth administration of justice. Before now, the emphasis has been on post-litiga t ion
assistance or help. However, this focus is changing as it becomes apparent that pre-
litigation legal services are of greater value than post-litigation legal services.

Pre-litigation services include:

 Legal education
 Legal advice
 Legal awareness
 Pre-litigation settlement

He told who can take free legal aid .Those whose annual income is less than 300000 and
women and any person who are handicapped will get free legal aid, they told the procedure
how the case is filed and how the proceedings go on after that. He told what is default bail
under section 167(2) CrPC. According to Section 167(2) CrPC, an accused is entitled to
default bail if the investigating agency failed to file a final charge sheet within 60 days
from the date of remand. For certain categories of offences, the stipulated period can be
extended to 90 days.
21.06.2023-

On the seventh day I went go to child care institution sujanpur. Then there we met Kuldeep
Singh Chauhan, Head of child care. Where the camp was set up. Then I interacted with
kuldeep Singh Chauhan, then he told me that it is the Juvenile Justice Act provides
for the setting up of institutional care structures for children. The institutions are separate
for children in need of care and protection and children in conflict with law . Where the
child’s own family is unable, even with appropriate support, to provide adequate care for
the child, or abandons or relinquishes the child, the State is responsible for protecting the
rights of the child and ensuring appropriate alternative care, with or through competent
local authorities and duly authorized civil society organizations.

The JJ Act provides a range of options for residential care for the different categories of
children. The residential categories can be divided into two categories broadly:

o Homes – Observation Homes, Special Homes, Place of Safety for CCL and
Children’s Homes for CNCP
o Open Shelter, Fit Facility, Fit persons who are to provide community-based
residential care to children. These are different from adoption, foster care and
sponsorship, which fall in the category of non-institutional care.

In this section we try to understand, what are these institutions, what are their functioning
processes and how do they undertake the rehabilitation of children.

Child Care Institutions (CCI):

Under Section 2(21) of JJ Act, 2015, “child care institution” means Children Home, open
shelter, observation home, special home, place of safety, Specialized Adoption Agency
and a fit facility recognised under this Act for providing care and protection to children,
who are in need of such services.

Objectives of Child Care Institutions:

Every child and young person should live in a supportive, protective and caring
environment that promotes his/her full potential. Children with inadequate or no parental
care are at special risk of being denied such a nurturing environment. Considering this
approach we can summarize the objectives of CCI as follows:

o To protect children from or against any perceived or real danger or risk to their life,
their personhood and childhood.
o To reduce their vulnerability to any kind of harm and ensuring that no child falls
out of the social safety net and that those who do, receive necessary care,
protection and support so as to bring them back into the safety net.
o To provide a safe environment for these children, it is imperative to ensure that all
other children also remain protected. This is because Child protection is integrally
linked to every other right of the child.
o To cater to their basic needs through proper care, protection, development,
treatment, social re-integration, by adopting a child-friendly approach.
 o To strengthen structures for emergency outreach, institutional care, family and
community-based care, counselling and support services at the national, regional,
state and district levels

22.06.2023-

On the eight day I went go to Ayushman Drug Rehabilitation center, Hamirpur. Then we
talked to the head there. Then they sent us to interact with the drug addicts there. We did
some questions with them for example which drug they used to do, for how long they used to
do it, in what quantity they used to do it. Then I explained to him about drug addiction that The
owner of that rehab give some information about the rehabitation Centres that is Drug
rehabilitation is the process of medical or psychotherapeutic treatment for dependency on
psychoactive substances such as alcohol, prescription drugs, and street drugs such as
cannabis, cocaine, heroin or amphetamines. They tell me about the perpose of the
Rehabtation Centres like Rehabilitation helps to minimize or slow down the disabling effects
of chronic health conditions, such as cardiovascular disease, cancer and diabetes by
equipping people with self-management strategies and the assistive products they require, or
by addressing pain or other complications.

23.06.2023-

On the ninth day I went go to child welfare committee Hamirpur. There I found child
protection officer whose name was Shashi, he told us about him working from DCWC.
There are 5 questions in child welfare committee. Out of which one is the chairperson and
there are 4 members, the child welfare committee is in every district. It is divided into
two lessons, first part care and second part protections of child, second part conflict with
law. Case related to children come to them, if the case is very serious, then it is sent to the
juvenile justice board. There is a magistrate and two social worker in the juvenile justice
board. The juvenile justice board functions under the juvenile justice act. The Indian
government launched the Juvenile Justice Act, citing multiple motives for the
requirement for new regulation. It was passed in Lok Sabha in August, in the year 2014.
It stated that the current Juvenile Justice Act 2000 was experiencing operational problems
and prosecutorial delays with reference to its adoption, among other things. Furthermore,
they referred to National Crime Records Bureau (NCRB) statistics to claim that there had
been an upsurge in crimes perpetrated by juveniles, particularly those aged 16 to 18.
According to NCRB records, the percentage of juvenile criminal offences to total offences
has risen from 1% in the year 2003 to 1.2% in the year 2013.
Types of work
1) Child Protection
2) Conflict with law

The committee shell consists of a chairperson and four other members as the state
government may think fit to appoint of whom at least one shall be a woman and another
and expert on matters concerning children.

A child in need of care and protection is brought before the child welfare committee to
dispose of cases for the care protection treatment development and rehabilitation of the
children in need of care and protection as well as to provide for their basic needs and
protection.

Procedure of CWC: a review everything months will be conducted by the district

magistrate the child welfare committee acts as a bench headed by the power provided in
the criminal code 1973 anyone who is in contact with a child is allowed to apply to the
magistrate of that district who looks after and submits appropriate orders

Powers of CWC:

 The Committee has the full authority of disposing of cases for the care, protection
and treatment of the children.
 The Committee can also dispose of cases that are for the development, rehabilitation
and protection of children that are in need, and also to provide for the basic need and
protection that is needed by the children.
 When a Committee is constituted for any particular area, then it has the power to
exclusively deal with all proceedings that are being held under the provisions of this
Act that are related to children in terms of need of care and protection.
 While exercising the given powers curtailed under this Act, the Committee is barred
from performing any act which would go against anything contained in any other
law that is in force at that time.

24.06.2023-

On the tenth day I went go to old age home. There I met a member who told us that there
is a total capacity of 15 people andwhen we saw there were only four old people, one of
them was an advocate, then told us that the food here comes under the DC government.
He comes from the hospital, there is a medical officer for his health for a month’s checking
comes. Whatever the cost of old age home, it is run by the people who come here, there
water and electricity bills are read by themselves, the facility is given there, the cleanline ss
is well taken care of, this old age the building of the home comes under the government,
but the expenses are incurred by themselves.
An old age home is a place where old people are
provided shelter and food to live. They are also provided with healthcare facility and
other amenities. Old age is an important phase of life when we can sit and relax at home
but nowadays many children who don’t want their parents at home admit them to old age
homes to get rid of them. However, sometimes there are people who don’t have children
and no one to take care of them so they get admitted to the old age home on their own
wish. The staff in the old age homes makes every possible effort to make their stay
comfortable and relaxing so that they can also enjoy their life.
There are various reasons behind the
mushrooming of old age homes in different countries some of which includes increasing
urbanization and modern life which makes people too busy earning their livelihood and
forgetting all the moral values, breaking of the joint family into nuclear families, people
becoming selfish and socialize less and there are numerous other factors that result in this
situation. Children need to understand that their parents are the only ones who love them
unconditionally but without giving a second thought to this, they send their parents in the
old age homes. However, sometimes the old people willingly join old age homes as they
remain active and get comprehensive facilities which ensure a healthy and peaceful life.
Also, old age homes are a great option for the
parents whose children work outside their country and don’t get a chance to look after
them. It is a matter of fact that if parents can admit their children in crèche when they are
working or don’t have time to take care of them, then indeed children can also send them
to old age homes when required.
In conclusion, old age homes can be a blessing to
some people while for others it can be a curse. The situation varies from family to
family. However, the old age homes are the last hope of old people so they must be
equipped with every facility so that people who live there can lead a better life.

26.06.2023-

On the eleventh day I went go to Gunjan drug rehabilitation center.so first they took my
introduction. Then they got us inmates, there are total eight inmates here, the inmates who
have been intoxicating them here for more 3 years. Then they told me that there are four
members here who have hacked drug center before. Then I took there introduction from
inmates, they told their names. The treatment time period in Gunjan drug rehabilita t ion
center is three month. Nicotex is given to the inmates and no other medicine is given, if
medicine is needed, they are given medicine in small amount. He told us his time table
that what he does from morning to evening, he just wakes up at 6:00 am, then he does
yoga, then meditation, then worship, and he gets breakfast at 8:00 am. They then get to
play games like carom board etc. the government give them rupees 50 every day.
Drug rehabilitation(also called drug rehab or just rehab) is an
umbrella term for the processes of medical and/or psychotherapeutic treatment, for
dependence on psychoactive substances such as alcohol, prescription drugs, and so-called
street drugs, such as cocaine, heroin or amphetamines. The general intent of drug
rehabilitation is to enable the patient to cease substance abuse, in order to avoid the
psychological, legal, financial, social, and physical consequences that can be caused,
especially by extreme abuse

Importance of rehabilitation programs in addiction treatment

Alcohol and drug rehabilitation centers, whether

they are residential treatment centers or day/night rehabilitation programs, all provide a
nurturing, safe, and supportive setting to recover from drug addiction and alcoholism. The
residential inpatient rehab programs are designed to treat serious addictions and require the
individual to stay at the treatment center without any distractions of regular life. On the
other hand, outpatient rehab programs allow the recovering individual to visit the
treatment center while also maintaining their regular routine.
Outpatient drug rehabilitation programs and intensive outpatient drug rehabilitation
programs are more aptly suited to individuals who have already completed a higher level
of care like primary residential drug treatment, or individuals whose addiction to drugs –
such as heroin, cocaine, methamphetamines, other opiates (Vicodin, Oxycontin, morphine,
methadone), barbiturates, or benzodiazepines (Valium, Xanax, Ativan, Klonipin) is less
severe.
Outpatient rehabilitation programs are also appropriate for cases where the drugs are
already out of the individual’s system through a process of detoxification, whether it’s
rapid opiate detox for heroin addiction, substitution therapy and detoxification for opiate
addiction, or more traditional detox from drugs and alcohol using benzodiazepines or
barbiturates to treat the withdrawal symptoms. Individuals who hope to find success in an
outpatient rehabilitation program must already have some level of distance from drug
addiction, alcohol abuse or alcoholism, and must be stable and have the ability to function
in an uncontrolled environment.

Treatment Options Offered at Rehabilitation Centers

Cadabam’s rehabilitation programs consist of the following.

Detoxification

This is the initial step of the medication recovery process where medications are given to
the person to take out the drugs from the body as well as keep them comfortable when
drugs leave their system. The medications are also used to help them to manage
withdrawal symptoms safely.

Multidimensional family treatment

Family therapy focuses on validating the experiences of all family members and fixing any
maladaptive family issues that may have triggered the condition. The therapist will explore
within the family to see if substance use is associated with the cycle of interaction within
the family.

Group therapy

In a group therapy, more than one individual is treated for their addiction problems. It
offers them the opportunity to receive support from the therapist as well as others who are
going through the same problem, which is quite effective in a treatment. Besides, group
therapy comforts individuals that they are not alone and there are others who are going
through similar problems.
Relapse prevention
Certain triggers could cause the recovering individual to fall back to the old ways of
addiction. Relapse prevention treatment focuses on fostering physical and mental stability
in individuals so that they can avoid relapse

27.06.2023-
On the twelfth day of my internship I went to the Judicial Magistrate First Class (JMFC)
(court number 3) Hamirpur . And saw the proceedings of the court .
STAGE OF THE CASE: Trial: Recalling the witness under Section 311 Cr.P.C.

DETAILS:

The case was filed against the accused under Section 419, 420, 467, 468, 471 and 120B,
Indian Penal Code. He was arrested on 3.04.2023 and was granted bail under Section 438,
Cr.P.C. . After that accused stopped turning up on the dates of hearing.
Summons were issued against witnesses by the court but they remained unserved. Every
time on the date of hearing the magistrate ordered either issuance of new summons or
reiterated the earlier order of finding out the track of the summons. This continued for
years.
Anyhow, later the summons got served and the witnesses appeared. Also,on one date of
hearing the accused turned up and gave an excuse that he shifted his residence and
couldn’t get the summons. This reason was also accepted by the court. Again, on later
hearings the accused stopped appearing on the dates. Then, he was declared as
‘Proclaimed Person’ and bail was cancelled in 2022. What I learnt is that if someone is not
appearing in the court on Court Warrant, the judge can issue Non-Bailable Warrants
against him under Section 70 of Code of Criminal Procedure. This warrant will give
powers to police to arrest him at any moment and at any place. If even after Non-Bailable
Warrants he doesn’t care to appear in the court then the Judge can declare him
‘Proclaimed Offender’ under Section 82 and 83 of Cr.P.C.

PROCEEDINGS IN THE COURT:

On the earlier date, my lawyer filed an application for recalling of the witness under
Section 311 of Cr.P.C. as the cross examination of the witness was not correct. The date
was fixed for filing the reply of the application by the prosecution. But he jumped the date
and anotherdate was fixed by the court. The witnesses can be recalled only if the court
allows.
My opinion and observation in this case is as follows:
 The delay by the court is very unjust and unreasonable. The court didn’t bother to
take strict notice of the summons not being served for years. A period of years got
wasted just because the summons didn’t get served and witness didn’t appear. As a
result the trial got unreasonably delayed. I feel really bad on witnessing such kind
of prevailing conditions in the court.
 Sometimes parties take laws very lightly which leads to delayed disposals. The
accused was declared as proclaimed offender as he didn’t bother to turn up in this
case. Such kind of negligence on the part of parties should be dealt very strictly.
 A right to speedy trial is envisaged in Article 21 of the Constitution which should
be taken care of by every court of law.

28.06.2023-
On the thirteenth day of my internship I went to my Barsar panchayat to do a legal
awareness programme. And I give some instructions to the peoples on Women
Empowerment , Gender Equality ,Legal Rights and Say No to Drugs. On this day I
attend a legal awareness programme.

BASIC OBJECTIVES OF THE LEGAL AWARENESS PROGRAMME

i. Impart practical knowledge about the basic legal rights and remedies provided under
various women related laws, thereby making them fit to face the challenges in real life
situations.

ii. To sensitize men about rights of women.

iii. To create awareness about the various machineries/organs of the Justice delivery
system available for redressal of their problems/grievances.

iv. The procedure of approaching and utilizing various channels available for the 3
redressal of grievances i.e. the Police, the Executive and the Judiciary.

v. The role of Courts in achieving gender equality, most importantly the concept of
Public Interest Litigation.

vi. The role of District Legal Service Authority, Free Legal Aid and Lok Adalats. Legal
Awareness Programme aims to empower the youth of our country with the knowledge of
their legal rights and duties, ultimately to be able to share power equally, gain full access
to the means of development and to inspire a whole generation of women to work
together towards achieving gender equality and justice. In order to achieve the aforesaid
objective the National Commission for Women (NCW) has decided to lay down certain
guidelines through this standardized module to be followed while organizing Legal
Awareness Programme.

The guidelines formulated by NCW are meant for use by the

implementing agencies, as guiding factor for conducting Legal Awareness Programme.

OBJECTIVES OF THIS GUIDELINES

i. The purpose of the module is basically to describe the syllabus / laws with regard
to which the legal awareness programme is required to be organized.

ii. However the LAP Organizing University/ College can further elaborate upon the
subject matter according to the need and requirements of the target group.

iii. In this criterion, the category of the target groups and the concerned issues/
problems will be the basis of generating Legal Awareness Programmes.

ELIGIBILITY CRITERIA FOR SELECTION OF ORGANISATION

i. Applications for conducting legal awareness programme will be invited online

by the NCW. The portal will be open for a specific time period for the
Universities/ Colleges to apply. The announcement will be through a public
notification on the website of NCW viz ncw.nic.in.

ii. Who can apply: a. Central/ state Universities b. Colleges affiliated with
Central/ state Universities c. Deemed to be Universities by UGC

iii. The Objective of Conducting LAP should be clearly laid down in the proposal.

iv. New proposal from the organization will be considered only after settlement of
previous dues in respect of any programme conducted in collaboration/ with
aid from the Commission.

29.06.2023-
On the fourteenth day of my internship I went to the Judicial magistrate first class (JMFC)
(court number 4) Hamirpur . And saw the proceedings of the court.

STAGE OF THE CASE: Cross Examination not happened due to absence of

defendant

DETAILS OF THE CASE:

This was maintenance suit under Section 125, The Code of Criminal Procedure,
1873 by wife against her husband. As the maintenance case was pending another
application for interim maintenance was filed. Husband had acted with cruelty
from last three years. He had also thrown her out of the matrimonial house
thrice. But after compromises wife was rehabilitated. Later, husband stopped
giving maintenance to the wife and children. Rs 10,000 was claimed on behalf of
wife plus school fees and basic maintenance charges for the children as
maintenance. As the proceedings were taking time another interim application
was made due to urgent need as wife was facing financial difficulties.

PROCEEDINGS IN THE COURT:

The date was fixed for the cross examination of the husband. His statement was
supposed to be recorded but before lunch time my lawyer was busy and couldn’t
attend the proceedings. The court gave time after lunch for the cross
examination. Meanwhile the accused waited in the court for some time. After
lunch when my lawyer went for the examination the counsel of the accused gave
medical certificate on the behalf of accused. The accused had already left.
Next date of hearing was after one and half month from the present date.

My opinion and observation in this case is as follows:

● The proceedings get delayed as the procedures are must to follow in the
interest of justice and equity which leads to giving long next dates. In the
present case, the counsel for the defendant gave medical certificate on
behalf of the defendant. The court had the only option to go by procedure
and to accept the medical as a fair reason of defendant’s absence was
present. This led to non-happening of the cross examination and date was
fixed for one and half month.
● The delay in proceeding is sometimes also caused due to the fault of
counsel himself as he is not able to appear some of the times due to
busy schedule.
● The witness or the parties many a times intentionally skip the
proceedings by remaining absent in order to delay the proceeding as
cause loss to the other party who in turn suffers the agony of delayed
trials.
● The judge has burden of multiple cases at a time due to which fixing of
near dates is not possible.
30.06.2023-
On the fifteenth and sixteenth day of my internship I went to the front office Hamirpur .
And understand the working of the front office.

Front Office:-

Legal Services Authority are providing free and competent legal services to weaker and
marginalised sections of society. Front Office is one of the units of the entire framework
to render such services for visitors/litigants/legal aid seekers.

In Front office, Panel Advocates, Para Legal Volunteers (PLVs) are deputed for the
necessary required advice which include providing free legal advice/counselling, drafting
applications, petitions etc.

And also this day I learned about who can avail legal services, there are following persons
who avail these services:-

I) Category of SC/ST persons.

II) BPL persons.
III) Persons whose right against exploitation is violated.
IV) Women’s.
V) Category of General persons whose income is below 300,000 .

03.07.2023-

On the seventeenth day of my internship I went to the Mediation Centre Hamirpur . And
observe the mediation proceedings and know about the meaning of the mediation.

Mediation is one of the effective and now well-known alternative dispute resolutio n
methods, which helps the litigants to resolve their disputes voluntarily and amicably with
the assistance of a third party known as 'Mediator'. The mediator by his skills assists the

parties to settle their disputes.

A Mediator of Mediation and Conciliation
Centre can be as described under the Mediation and Conciliation Rules, 2004.
Appointment of mediator/conciliator (Rule 2)

(a) Parties to a suit or other proceeding may agree on the

name of the sole mediator/conciliator for mediating between
them.

(b) Where, there are two or more sets of parties and are unable to agree on a
sole mediator/conciliator, the Court may ask each party to nominate the
mediator/conciliator or may nominate/appoint the mediator/conciliator, as it
deems fit.

(c) Where parties agree on a sole mediator/conciliator under clause (a) or where
the mediator/conciliator is nominated/appointed by the court under clause (b),
the mediator/conciliator need not necessarily be from the panel of
mediators/conciliators referred to in Rule 3 nor bear the qualifications referred to
in Rule 4 but should not be a person who suffers from the disqualifications
referred to in Rule 5.

Panel of mediators/conciliators (Rule 3)

(a) The High Court shall, for the purpose of appointing the mediator/conciliator
between the parties in suits or proceedings, prepare a panel of the
mediators/conciliators and put the same on the Notice Board within thirty days of
coming into force of these Rules, with copy to the High Court Bar Association.

(b) (i) The District & Sessions Judge shall, for the purpose of appointing the
mediator/conciliator to mediate between the parties in the suits or proceedings
prepare a panel of the mediators/conciliators within a period of thirty days of the
commencement of these rules and shall submit the same to the High Court for
approval. On approval of the said panel by the High Court, with or without
modification, which shall be done within thirty days of the submission of the
panel by the District & Sessions Judge, the same shall be put on the Notice
Board.
(ii) Copies of the said panel referred in clause (i) shall be forwarded to all the
Subordinate Courts by the District & Sessions Judge and to the District Bar
Associations.

(c) The consent of the persons whose names are included in the panel shall be
 obtained before empanelling them.
(d) The panel shall contain Annexure giving details of the qualifications
of the mediators/conciliators and their professional or technical
experience in different fields.
(e) The panel of mediators/conciliators appointed under Clause (a) and clause (b)
(i) shall normally be for a period of three years from the date of appointment and
further extension of the panel of mediators/conciliators or any
mediator/conciliator shall be at the discretion of the High Court or the District &
Sessions Judge with the prior approval of the High Court, as the case may be.

This was a case of Cheating under section 428 of Indian Penal Code.

Both the parties agreed to settle the matter in Mediation Centre through the
Mediator, Anjali Vohra. But in the place of the victim, his son was present as
the victim was outside India.

Due to the absence of letter of the authority, the matter could not get sorted.
And therefore, a further date i.e. July was assigned to reach settlement.

04.07.2023-
On the eighteenth day of my internship I went to the VLC and SC kangoo. On this day I
observe the proceedings of para legal volunteers and know about the who is para legal
volunteers, and know about VlC.
VLC stands for Victims Legal Counsel. It is a service that provides free legal help to
victims of crime and those at risk of violence and exploitation in the United States. VLC
works with survivors to protect their rights, safety, and well-being as they navigate the
criminal justice system.

The Para-Legal Volunteers (PLVs) are expected to act as intermediaries bridging the gap
between the common people and the Legal Services Institutions to remove impedime nts
in access to justice.
What is the role of paralegal volunteers?

(1) Educate people, especially those belonging to weaker sections of the society.
(2) Spread awareness among the people about their basis human rights, fundamental
rights and other legal rights & duties.
(3) They will also assist in conducting the Legal Literacy Camps.
05.06.2023-
On the nineteenth day of my internship I went to the District and Sessions Court Hamirpur.
And on this day I saw the proceedings of the court.

In the case of Shikha Negi vs. Pawan Negi and the brief facts are-
● Parties are married to each other and it’s been around 19-20 years for
their marriage. And the matrimonial home is in Hamirpur.

● They have two sons out of their wedlock.

● The wife i.e. Shikha Negi was treated badly by the in laws and the
husband. She was tortured badly by the husband and even her sister-in-
laws.

● After so much ill treatment, she came back to her parent’s house which
is in Amritsar. And it’s been 11 years that she is asking for maintenance
from her husband. The parties are living separately and are not divorced.
Both the sons are living with their father. Custody is with the
respondent.

● As per the information given, the respondent is a Homeopathic Doctor and

has a bungalow in Hamirpur. She wants maintenance from her husband but
he is not willing to maintain her.

● After such a long period of 11 years, the respondent agreed and both of them have
shown their willingness to settle down the things.
Therefore, the Principal Judge gave a further date for the settling of the
case i.e. of July.

06.06.2023-
On twentieth day of my internship I went to the Mediation centre Hamirpur . And on this
day I observe the proceedings of mediation and know about the others types of ADR .
Mediation is one of the effective and now well known alternative dispute resolutio n
methods, which helps the litigants to resolve their disputes voluntarily and amicably with
the assistance of a third party known as 'Mediator'. The mediator by his skills assists the

parties to settle their disputes.

 07.07.2023-

On twenty first day Lok Adalat is one of the alternative dispute redressed mechanisms, it
is a forum where disputes/cases pending in the court of law or at pre-litigation stage are
settled/ compromised amicably. Lok Adalats have been given statutory status under the
Legal Services Authorities Act, 1987.

Features of Lok Adalat

 There is no court fee and if the court fee is already paid the amount will be refunded if
the dispute is settled at Lok Adalat. In other words, it is less expensive.
 The basic features of Lok Adalat are the procedural flexibility and speedy trial of the
disputes. There is no strict application of procedural laws like the Civil Procedure Code
and the Evidence Act while assessing the claim by Lok Adalat.
 Parties are free to discuss their differences of opinion without any fear of disclosure
before any law courts.
 The parties to the dispute can directly interact with the judge through their counsel,
which is not possible in regular courts of law.
 The award by the Lok Adalat is binding on the parties, and it has the status of a decree
of a civil court, and it is non-appealable, which does not cause the delay in the
settlement of disputes finally.
 CONCLUSION

In the end, I would like to opine that the real legal practice is absolutely
different from the theoretical version of law which we study. Without
exposure to the real word, one cannot understand the analytical and positive
application of law and jurisprudence and the actual function and structure of
law. What we study is the body, but what we have learnt from his internship is
the mechanism of this body.

I was surprised to see how the simplest of laws were applicable in the most
difficult of situations and how loopholes leave so much scope for evaluation and
improvisation today in this field. I also observed that law is everything but
constant but with the same soul as that of a human. In other words or as that of
our counsel, laws may come and law may repeal, but they must always stay true
to our original values and in case of law, they must always be faithful to the
constitution, which is the most supreme law of the land and governs all equals
and unequal’s in respect of each other.

With a vote of thanks and gratefulness for reading this report thoroughly and for
giving me this wonderful opportunity to grow my vision in this field, I conclude
this report with a great lot in my mind.