LEGAL AID CAMP REPORT

Submitted by -

Sourabh Roy

ID NO – SM0115052

5th Year, IX Semester

National Law University and Judicial Academy, Assam

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 CERTIFICATE OF PARTICIPATION

This is to certify that Sourabh Roy, a student of final year B.A., L.LB (Hons.) has
participated in a Legal Aid Camp organised by National Law University and Judicial
Academy, Assam in collaboration with North Gauhati College, College Nagar, Guwahati on
23rd November, 2019.

Date: 23.11.19

Place: Guwahati Signature of teacher-in-charge

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TABLE OF CONTENT

1. Title page.....................................................................................................1
2. Certificate of Participation...........................................................................2
3. Introduction..................................................................................................3
4. Need and significance of legal aid...............................................................4
a. Global Perspective...........................................................................4
b. Origin and Development in India....................................................5
c. Contribution by Justice Iyer............................................................7
d. Contribution of Justice Bhagwati....................................................7
5. Legal Aid and the Indian Constitution........................................................8
a. Fundamental Rights........................................................................9
b. DPSP..............................................................................................10
c. Other Statutory Provisions............................................................11
6. Amicus Curiae...........................................................................................13
7. Observation on Legal Aid Camp...............................................................14
a. Speeches by the Dignitaries...........................................................17
b. Skit.................................................................................................20
i. Act I- Eve Teasing.............................................................20
ii. Act II- Domestic Violence.................................................21
iii. Act III- Rape......................................................................22
c. Song Performance : Bekhauff and Choti Si Asha.........................23
8. Conclusion and suggestions.....................................................................24
9. Annexure
a. Sample survey..............................................................................25

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INTRODUCTION

Legal aid in its literal sense means assistance, help or free legal service. Legal assistance
denotes free legal assistance to poor people in any court proceedings, in quasi-judicial
proceedings, in administrative proceedings or even simply as consultation. Justice Bhagwati
has beautifully summed up the meaning of legal aid: legal aid means providing an
arrangement in society to make it easily accessible for the machinery administration of
justice.

Legal assistance means not only representation by lawyers at the expense of the state in court
proceedings, but also legal advice, legal education, legal advocacy, PIL, law reform and a
range of tactical and preventive programs that will benefit them as a group to escape
discrimination instead of helping the person.

The concept of legal aid has been expanded considerably to include:-

 Representation by lawyer in civil, criminal and administrative proceedings.

 Educating the poor of their rights.

 Organizing the poor and mobilizing voluntary social action groups seeking legal
reforms.

 To provide affirmative State action to achieve effective equality.

 Monitoring welfare administration.

 Conducting PIL and innovating new strategic tools for cheap and expeditious justice
to poor.

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Need and Significance of Legal Aid

Legal aid aims to ensure that the legal obligation is met in its letter and spirit and that equality
of justice is made available to the disadvantaged, downtrodden and poorer sections of society.
The aim is to provide' Access to Justice for All' so that due to economic or other limitations,
justice is not denied to people. Nevertheless, in order to enable people to take advantage of
the opportunities of providing free legal aid under the Act, it is necessary to make them aware
of their rights.

By the 1976 Constitutional 42nd Amendment Act, a new provision under Article 39-A for
granting free legal aid and enhancing the concept of equality of justice was incorporated into
the Constitution. However, the judicial attitude towards legal aid was not very progressive. In
Janardhan Reddy v. State of Hyderabad1 and Tara Singh v State of Punjab2 the court, while
taking a very restrictive interpretation of statutory provisions giving a person the right to
lawyer, opined that this was, “a privilege given to accused and it is his duty to ask for a
lawyer if he wants to engage one or get his relations to engage one for him. The only duty
cast on the Magistrate is to afford him the necessary opportunity (to do so). For again trying
to revive the programme, the Government of India formed an expert committee, the Krishna
Iyer Committee, in 1973 to see as to how the states should go about devising and elaborating
the legal aid scheme. The committee came out with the most systematic and elaborates
statement regarding establishment of legal aid committees in each district, at state level and at
the Centre. It was also suggested that an autonomous corporation should be established, law
clinics should be established in universities and lawyers should be encouraged to help. Under
the chairmanship of Justice P.N. Bhagwati, the Government of India also appointed a
judicature committee to effectively implement the legal aid scheme. In rural areas, it
promoted the concept of legal aid camps and Nyayalayas. In its report, the committee
recommended the introduction of the concept of legal aid in the Indian Constitution.

Accepting this recommendation in 1976, the 42nd amendment to the Constitution introduced
Article 39-A in the Directive Principles of State Policy. With the purpose of providing free
legal assistance, the Government of India appointed a committee known as the "Committee
for the Implementation of Legal Aid Schemes" (CILAS) under the chairmanship of the Chief
by a resolution of 26 September 1980. Justice P.N. Bhagwati to monitor and implement legal
assistance programs in all States and territories of the Union on a uniform basis. CILAS' has
1
1951 AIR 217
2
1951 AIR 441

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developed a model scheme for legal aid programs across the country through which several
legal aid and advisory boards have been established in the states and territories of the Union.

Although the courts recognized legal aid as a fundamental right under Article 21 to reverse
their earlier position, until this time the scope and scope of the right was not clear. The step
was taken in Sunil Batra v. Delhi Administration3, Where there were two situations where the
prisoner was entitled to legal aid. First, to seek justice from the prison authorities, and
second, to challenge the court's decision by those authorities. Consequently, the provision for
legal aid was included not only in judicial proceedings, but also in administrative proceedings
before the prison authorities. The court has reiterated this again in Hussainara Khatoon v.
State of Bihar4 and said that it is an essential ingredient of a reasonable, fair and fair trial for a
prisoner to seek his release through the trial of the court to have legal services at his disposal.
Free legal service to the poor and needy is an essential element of any procedures that are
reasonable, fair and fair.

Global Perspective

 England - the process of giving free legal aid was started by the Legal Aid Act, 1949
in civil cases. In 1967, free legal aid was extended to criminal cases also.

 USA - Free legal aid has been an innovation in the judiciary, It was held in Powel v.
Alabama5 that n a capital case where the defendant is unable to afford counsel, it is
the court's responsibility, whether required or not, to appoint counsel as a mandatory
provision of the ' due process ' clause to him. In Gideon v. Wainwright6, The right to
free legal assistance has been extended and expanded to all criminal proceedings
without any special circumstances being needed. The right to be heard has been
interpreted to include the right to obtain legal assistance. Under the Sixth Amendment
of the Constitution of the United States, the accused shall enjoy the right of
representation in any of the criminal prosecutions.

 Canada - under section 2 (c) (ii) of the Canadian Bill of Rights, it is clearly provided
that no law amendment shall be so construed or be applied so as to deprive assistance
to a person who has been arrested or detained.

3
(1978) 4 SCC 409
4
AIR 1979 SC 1360
5
287 US 45
6
372 US 335

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  Universal Human Rights Declaration. 1948–The Universal Declaration of Human
Rights, adopted by the General Assembly of the United Nations on 10 December
1948, guarantees the right to a fair trial. Many justice systems around the world, as
well as the UN itself, interpreted a right to counsel as a necessity for a fair trial.

 1950 Convention for the Protection of Human Rights and Fundamental Freedoms —
The Convention on Human Rights and Fundamental Freedoms, commonly known as
the European Convention on Human Rights, recognised in 1950 the right to a fair
trial, including a specific right to counsel.

 UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems.

2012 - On December 20, 2012, the United Nations Economic and Social Council
approved the United Nations Principles and Guidelines on Access to Legal Aid in
Criminal Justice Systems (the “Legal Aid Guidelines.” These Guidelines are the first
direct, detailed statement on Legal Aid.

Origin and Development in India

The Gov. has been since 1952. Through numerous conferences of Law Ministers and Law
Commissions, India also started to address the issue of legal aid to the poor. In 1960, the
Gov. drew some guidelines. For the schemes of legal aid. Legal aid schemes have been
floated through Legal Aid Boards, Societies and Law Departments in various states.

However, the judicial attitude towards legal aid was not very progressive. In Janardhan
Reddy v. State of Hyderabad and Tara Singh v State of Punjab the court took a very stringent
reading of the statutory provisions granting a person the right to a lawyer, it was of the
opinion that this was "a privilege granted to the accused and it is his responsibility to ask a
lawyer if he desires to engage in one or to have his relationship with the accused. The only
duty cast on the Magistrate is to afford him the necessary opportunity (to do so).

Nevertheless, in a 1971 report on Free Legal Aid, Justice Bhagwati noted that "even while
maintaining the adversary structure, some changes could be made by giving the judge a more
participatory position in the process so as to put the poor as far as possible on an equal
footing with the wealthy in the administration of justice."

A similar report by the Committee on Legal Aid, titled "Processional Justice to Poor," chaired
by Krishna Iyer in 1973, addressed the nexus between law and poverty, and spoke about PIL

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in this context. It highlighted the need for an active and widespread system of legal aid that
enabled law to reach people, rather than requiring people to get to the law.

By the 1976 Constitutional 42nd Amendment Act, a new clause under Article 39-A for
offering free legal aid and strengthening the concept of equality of justice was introduced into
the Constitution.

As a two-member juricare panel, the two judges joined forces and issued their final report in
August 1977. The report, while stressing the need for a new legal support system framework,
cautioned that it' must be interpreted in the light of the country's socio-economic conditions.'
It also recognized that' the conventional legal service system, which is basically court-
oriented or litigation-oriented, cannot address the particular needs and problems of the poor
in our country.' The report also included draft legislation for legal services and referred to
Social Action Litigation.

Contribution of Justice Iyer

Justice Krishna Iyer was appointed as the Chairman of Committee for Legal Aid. The
Committee was formulated as on the 22nd day of October 1972. The Committee submitted a
275-page report to the government on the 27th day of May 1973 after conducting sample
surveys of much of the country. This report marked the cornerstone of the development of
legal aid in India. The report clearly states that ensuring that the legal system becomes an
effective tool in helping to secure the ends of social justice is a State's democratic obligation
to its subject. He coined the word "Juridicare" to denote a legal aid scheme that brought
justice to the lowly's doorstep and was extensive in its reporting.

Contribution of Justice Bhagwati

Justice P.N. Bhagwati practiced at the High Court, Bombay; he became a Judge of the
Gujarat High Court on 21st July 1960, and became Chief Justice of Gujarat on 16th
September 1967. On 17th July 1973, he became the judge of the Supreme Court of India. He
was also chairman of the Legal Aid Committee appointed by the Gujarat government to
propose ways and means to provide free legal assistance and advice to the poorer and weaker
community; and he also served as chairman of the State Legal Aid Committee to run the Free
Legal Aid and Advice Pilot Project in Gujarat.

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In 1980, under Hon's chairmanship, a national level committee was formed to administer and
manage legal aid services across the country. Then Mr. Justice P.N. Bhagwati, a Supreme
Court of India judge. This Committee became known as CILAS (Committee for the
Implementation of Legal Aid Schemes) and began tracking the activities of legal aid
throughout the country. The introduction of Lok Adalats added a new chapter to the justice
dispensation system of this country and succeeded in providing a supplementary forum to the
litigants for conciliatory settlement of their disputes.

Legal Aid and the Indian Constitution

Indian Constitution which came into force in 1950 sets out social justice, liberty and equality
of status as its main aim. The Fundamental Rights along with the Directive Principles of State
Policy aims to create an egalitarian social order where justice dwells in all walks of life be it,
social, political or economic.

Fundamental Rights-

Article 14- A fundamental right, as set out in Article 14 of the Constitution, is to ensure
equality. Art.14 requires the State not to deny any individual within the territory of India
equality before the law and equal protection of the laws. Mr. M. C. Setalvad, who was the
first Chairman of India's Law Commission, observed: "Art.14 of the Constitution provides
that no person shall be denied equality before the law or equal protection of the law by the
State. Consequently, equality in the administration of justice can be said to be the basis of our
Constitution–the essential need for legal assistance can be based on yet another imperative
consideration. No true democracy can endure without the system of administration of justice
of which the poorest are able to take advantage. It would not be an exaggeration to ask that
the very existence of free Government depends upon malcing the machinery of justice
available to the humblest of its citizens.”7

The Court should interpret Article 14 in such a way as to invoke its aid to the poor and direct
the State not to deny equality to those who have no ample means of representing themselves
in the courts of law.

Article 21 - The Supreme Court has expanded Article 21 to include the right to free legal aid
as well. By its power to interpret the law, the Supreme Court has brought life and soul to
Article 21, purchasing it judicially to include a number of rights that directly flow from the
7
Encyclopedia of Social Work in India (1968) p. 470.

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right to life. The right to personal freedom is guaranteed under Article 21 as one of the
cardinal principles of the Constitution. The Supreme Court of India has confirmed that the
right to free legal services for a person accused of an offense is an essential ingredient of
equitable, fair and equal trials and is implied in the guarantee of Art.21. The state government
cannot avoid its constitutional obligation to provide free legal services to an underprivileged
accused by pleading financial or administrative liabilities.

In Hussainara Khatoon’s8case, the SC laid down that right to free legal services is clearly an
essential ingredient of reasonable, fair and just procedure and hence implicit in Article 21.

In Khatri v State of Bihar9, the SC observed that the state is under a constitutional mandate to
provide free legal aid to an accused who is unable to secure legal services because of
indigence and whatever is necessary for this purpose has to be done by the state.

In Sukh Das v UT of Arunachal Pradesh 10, the question before SC was that as to what is the
status of a proceeding where the accused did not make an application for free legal aid and
the court did not inform him of his right. The SC observed that in this case, the trial would be
vitiated as it is a violation of FR.  If the accused does not ask for free legal aid, it is the duty
of the accused to inform him of his right.

Article 22 – This Article is a significant part of the right to legal aid concept. It is very
important in so far as it guarantees the right to be represented by a counsel of one’s choice.
Clause (i) of Art. 22 says that no person who is arrested shall be denied the right to consult
and to be defended by a legal practitioner of his choice.

In Francis Coralie Mullin v. U.T. of Delhi 11, the SC expanded the applicability of FR beyond
citizens to India and allowed a British National to have legal counsel of her choice.

Article 32 – This Article provides for approaching the SC directly in case of violation of a
FR. In case of denial of free legal aid or a right to be defended by counsel of choice, the SC
can be approached directly since legal aid is considered to be flowing from Right to Life
under Article 21.

Directive Principles of State Policy

8
AIR 1979 SC 1360
9
AIR 1981 SC 928
10
1986 (2) RCR Criminal 437
11
AIR 1981 SC 746

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Article 39A provides for equality of justice and free legal assistance and notes that' The State
shall ensure that the operation of the legal system promotes justice on the basis of equal
opportunities and, in particular, provides free legal assistance by appropriate legislation or
schemes or in any other way to ensure that opportunities to achieve justice are not denied to
any person on account of economic or other disability. their legal admission: The impact of
Article 39A read with Article 21 has been to reinforce the right of a person involved in a
criminal proceeding to legal aid. The provision has been thus used to interpret (and even
expand) the right conferred by section 304 of the Code of Criminal Procedure 1973.
Primarily Article 39A is addressed to the Legislature and Executive, but as far as the court of
justice can indulge in judicial law making, within ambit of the Constitution, the courts too are
bound by this mandate.”12

In Air India Statutory Corporation v. United Labour Union 13, the SC while discussing the
significance of Article 39-A observed that justice should be done on the basis of equal
opportunity and no one be denied justice by reason of economic or other disabilities.

Other Statutory Provisions

Criminal law -

Section 303 of The Criminal Procedure Code provides that every person accused of an
offense before the Criminal Court or against whom proceedings under this Code are initiated
is entitled to defend the pleader of his choice.

Section 304 of The Criminal Procedure Code provides that where the accused is not
represented by a pleader in a trial before the Court of Sessions and where it appears to the
court that the accused does not have sufficient means to engage the pleader; the court shall
assign the pleader to the defense at the State's expense.

The Lalhunpuia v. State of Mizoram14, the Guwahati High Court held that if the accused is
unable to engage a lawyer being poor, the court shall provide the help of a legal practitioner
to the accused is contemplated under section 304 of the Criminal Procedure Code. Such legal
assistance should be provided to the accused all throughout.

Civil law -

12
Rajan Dwivedi v. Union of India AIR 1983 SC 624
13
AIR 1997 SC 645
14
2004 (3) RCR (Criminal) 205 (Guwahati)

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Order XXXIII of the Civil Procedure Code talks about suits by indigent persons.  Rule 18
discusses in detail the manner in which an indigent person can file a suit.

Rule 8 says if the court decides that the applicant is actually a pauper,   he shall be exempt
from court fees and fees for service of process on defendants.  

Rule 9A provides that the court may, if circumstances so require, assign a pleader to a person
who has been allowed to sue as an indigent and is unrepresented.

Rule 17 provides that any defendant, who desires to plead a set-off or counterclaim may be
allowed to set up such claim as an indigent.

Rule 18 provides for the power of the government to provide free legal services to indigents.

Order XLIV of CPC talks about appeals by indigent persons.

Civil Services Rules -

The various Civil Services Rules which govern the conduct of disciplinary proceeding against
government officials specifically provides that in an enquiry proceeding against an employee,
the employee must be provided the assistance of a retired or serving government employee to
assist him in pleading his case before an enquiry officer.

AMICUS CURIAE

Amicus curiae or amicus curiæ (plural amici curiae) is a legal Latin phrase, literally
translated as “friend of the court”. This refers to someone who volunteers to provide
information on a point of law or some other aspect of the case to assist the court in deciding a
case before it. The information can be a legal opinion in the form of a brief, testimony not
requested by any of the parties, or an acquired treatise on an issue that bears on the case. The
court's discretion is to determine whether to accept the information

The role of an amicus is often confused with that of an intervener who has a direct interest in
the outcome of the lawsuit. The role of an amicus is as stated by Salmon LJ (as Lord Salmon
then was) in Allen v. Sir Alfred Mc. Alpine & Sons Ltd15where he said:
15
[1968] 2 QB 229 at p. 266 F-G

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“I had always understood that the role of an amicus curiae was to help the court by
expounding the law impartially, or if one of the parties were unrepresented, by advancing the
legal argument on his behalf.”

In India, the courts have repeatedly welcomed the idea of allowing amicus curiae to join the
proceedings, generally involving the public interest. Through this, the court is not only driven
by the academic perspective needed for the particular case, but also helps the court to have an
understanding that would allow them to do justice in its entirety. The person usually
permitted to act as amicus curiae by the courts in India are people who represent the society's
unbiased will and opinion.

In countless cases in India, the courts allowed the proceedings or, on their own motion, asked
different people to act as amicus curiae. A very fine example of this is the famous, or rather
the infamous BMW hit and run case which had been in news due to the fact that both the
defense and the prosecution lawyers have been suspended by the Delhi High Court on charge
of driving the witnesses to turn hostile. In the said case, Advocate Arvind Nigam who was
appointed as the amicus curiae by the Delhi High Court has played a crucial part in securing
justice.

Given the facts of the above-mentioned case, in which both the prosecution and the defense
have gone beyond moral and legal standards to destroy justice, the importance of amicus
curiae can be seen well.

In India, therefore, if a petition is received from prison or in any other criminal matter if the
accused is not represented, then the Court appoints an Advocate as amicus curiae to defend
and argue the accused's case. Also in civil matters, if it considers it necessary in the case of an
unrepresented party, the Court may appoint an Advocate as amicus curiae; the Court can also
appoint amicus curiae in any matter of general public importance or in which the interest of
the public at large is involved.

OVERVIEW OF THE LEGAL AID CAMP

SPEECHES BY DIGNITARIES

Speech by Vice Chancellor, NLUJAA : Prof. (Dr.) J.S.Patil

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As a welcome address, on behalf of the university, Prof. (Dr.) J.S.Patil explained the nature
of the legal awareness camps in our state's rural regions and thanked all the dignitaries on the
panel for being part of the programme. During his speech, he clarified our country's justice
system structure firmly in line with various bodies such as NALSA and SALSA which
contributed to the success of litigation of public interest in different parts of the country.
During his speech, he also pointed out how NLUJAA, as a university, as the only National
Law University located in the northeastern part of our country, has assumed the responsibility
of dispersing legal aid to the maximum number of people by adopting five villages in the
nearby region by conducting various legal awareness camps and other direct field activities.
The college seeks to provide support through these programs to individuals who are unable to
afford legal representation and access to the court system. Legal assistance is considered to
be central to ensuring access to justice by ensuring equality before the law, the right to
counsel and the right to a fair trial. Through the presence of a well equipped infrastructure,
Prof. (Dr.) Patil enhanced that the students of the university will not only learn the law but
also the practical aspects of legal aid.

Speech by Chief Guest : Justice D.N.Chowdhury (Retd), Former Judge Guwahati High
Court
Justice D.N.Chowdhury (Retd), Former Judge Guwahati High Court
was the Chief Guest for the occasion. In addressing the meeting, Justice Chowdhury
emphasized the important role that culture plays in sustaining world peace.
He also spoke at length about the Preamble to the Constitution, pointing out that sovereignty
lies with the people and under the Constitution in our country; all citizens have freedom of
thought, expression, belief, faith and worship. Justice Chowdhury then drew attention to the
legal system explained in accordance with three main areas including the protection of
pavement dwellers, the theory of delayed justice being denied justice and the functioning of
fast-track courts. He focused strongly on the Indian justice system. Nevertheless, when the
legislature makes a law that breaches the basic structure of India's constitution, the judiciary
can very well intervene to prevent such draconian legislation. He then repeated the terms
used in the Preamble, claiming that India is a Sovereign Socialist Secular Democratic
Republic and that the Constitution will ensure economic, social and political equality for
Indian people. He also said that being a republic will always be elected head of state in India,
and it is not a hereditary post. He then proceeded to speak about the significance of fast track

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courts in India as he stated that the increasing more of cases had given the road map to the
introduction of fast track courts as a total of 1734 FTCs were approved in 2000 following the
report of the 11th Finance Commission. Out of this, only 1562 were functional by 2005, the
year when this experimental scheme was supposed to end. 
Another important aspect that Justice Chowdhury touched upon is the 138th Law Commission
Report which commenced with the term encaptioned "Law and Poverty" and enjoin the
Commission "to take all such measures as may be necessary to harness law and the legal
process in the service of the poor", the Commission has suo motu examined the problem
pertaining to the plight of the slum and pavement dwellers facing eviction at the hands of the
local authorities. He also spoke of the constitutional provisions for the benefit of the weaker
sections of society, emphasizing that economic incapacity is a major hurdle in the fulfillment
of these people's rights. The State is therefore not only under the obligation of raising the
nutritional rate and trying to reduce income inequality, but also the responsibility of offering
free legal aid at all times to those who do not have sufficient resources. He referred to Article
39A of the Constitution, which states that the State shall ensure that the operation of the legal
system promotes equality on the basis of equal opportunities and, in particular, grants free
legal assistance through appropriate legislation or schemes or in any other way to ensure that
opportunities to ensure justice are not denied to any citizen on account of economic or other
disadvantages He concluded by stating that respect for the Constitution is a must and that the
noble provisions of the highest law of the land must be respected by religious.

Speech by Guest of Honour : S.C.Biswas, Sr. Advocate, Guwahati High Court.

The Guest of Honour for the occasion was S.C. Biswas, Senior Advocate, Gauhati High
Court. In his speech focussed primarily on the Legal Services Authorities Act of 1987,
highlighting the objective of the Act, the scheme under the Act and some of the important
provisions. He also drew the audience's attention to the curious factoid that the date of the
legal knowledge camp coincided with the date of entry into force of the Legal Services
Authority Act in 1995, i.e. November's ninth day. Sr. Advocate Biswas highlighted several of
the pro-bono issues he had previously undertaken and their relevance to society as a whole.

He explained to the common audience that the purpose of the Act is to establish legal services
authorities to provide free and competent legal services to the weaker sections of society in
order to ensure that opportunities to ensure justice are not denied to any citizen on account of
economic or other disabilities, and to organize Lok Adalats to ensure that the operation of the

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legal system only promotes Mr. Biswas also discussed that the Act provides for the
organization of Lok Adalats and the establishment of Permanent Lok Adalats and stipulates
that the District, State and National Legal Services Authorities should be constituted. He
further made a reference to section 12 of the Act which is regarding the criteria for giving
legal services and includes a member of a Scheduled Caste or Scheduled Tribe, victim of
trafficking in human beings or beggar as referred to in Article 23 of the Constitution, a
woman or a child, a mentally ill or otherwise disabled person, a person under circumstances
of undeserved want such as being a victim of a mass disaster, ethnic violence, caste atrocity,
flood, drought, earthquake or industrial disaster or an industrial workman or in custody,
including custody in a protective home, etc.

Sr. Adv. Biswas then highlighted certain provisions of the Code of Criminal Procedure, such
as S.46 of the Act which does not allow the arrest of a woman after sunset and before sunrise
and the presence of a police officer at the time of such arrest is a must. He also referred to the
case of Karbi Anglong mob lyinching cases in which a suo motu public interest litigation on
the lynching case was adopted by the Guwahai High Court in which respondents were asked
to file replies within 2 weeks. A division bench of Former Chief Justice Ajit Singh and
Justice Achintya Malla Bujor Barua on issued show cause notices to the respondents to
inform the court what effective measures have been taken to arrest the culprits and inform
what action has been taken against erring officials.

Speech by Principal, North Guwahati College : Dilip Das

The Principal expressed his gratitude to all the views, panel members and student members
who actively participated in the successful execution of the event as a closing address to the
legal awareness camp. He said there is a very small section of society that is aware of the
small intricacies of law and, therefore, the importance of such a camp of legal awareness as to
simplify legal aspects for the common people. He expressed his pleasure in organizing the
activity towards the end of the speech and stated that more such camps should be held in the
near future.

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Skit performed by the students of NLUJA, Assam

1. Act I- Eve Teasing

Eve teasing and molestation are issues that women around the world, particularly in India, are
facing every day. Many women are often unaware of the laws and regulations that protect
them from such acts. Eve teasing refers to Eve's temptress personality, putting the woman as
a taunt with responsibility. Teasing the girls, reflecting on them, bullying them, deliberately
upsetting them is called 'eve teasing.' By Act 1 of the drama 'Eve Teasing' as its theme, we
tried to demonstrate how deadly this crime could be, destroying the victim's life.

There is a band of four street boys in the first act where the scene starts with them discussing
their desire to taunt girls who appear to go through the lane. Two girls walk by the street
during the debate. The street boys constantly taunt them and sexually abuse them, which
inevitably makes them feel uncomfortable. The girls retaliate in the act of scolding the boys.
The girls yell at them saying that boys like them are the reason that women are not safe
outside the home. That concludes the first half of Act 1. In the second half of Act 1, the boys
tease another girl by physically targeting her and thus attempting to capture her forcefully
into a physical act. The scene ends with the girl attempting to free herself from the boys and
somehow saving herself from them. The other members of the skit state a very strong line
“Bura maat dekho. Bura maat suno” which signifies the society turning a blind eye to the
wrong being conducted on women in our country.

MESSAGE: With this Act, it tried to warn the audience that most people are unaware of the
consequences of eve teasing. The act also attempted to show what stalking is. The main
message was about the offense of sexual harassment and making people aware that even if
they have a hint that anyone could do any of the above activities, they should lodge an F.I.R.
in the nearest police station immediately.

People should realize a' No' is a' No.' We should respect other people's views and so we can
make our country a better place to live. Please note that in all cases the police have to file an
FIR. A lot of times, it has happened that the police refuses to register a case, specially in a
case of molestation. In such a case, you can file a private complaint before the Magistrate

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under Section 200 of the Criminal Procedure Code, 1973, along with a Section 156(3)
application.

A case of molestation needs to be registered where the ‘cause of action’ has taken place. As
per section 468 (2)(c) of Criminal Procedure Code, 1973, you have a limitation of three years,
i.e. you can file an FIR within three years of the event occurring. Here are some sections of
the Criminal Procedure Code one should always keep in mind that will help and aid in getting
justice:

Section 294: That chapter protects a girl from people who threaten her by openly committing
some act of obscenity. This paragraph often defends women from men passing cheap remarks
or singing lewd songs to annoy her. This crime is a bailable offence, but the sentence is up to
three months.

Section 354: The chapter discusses the crime popularly referred to as molestation. Section
354 occurs when the accused's acts go beyond offending or irritating a woman's modesty, and
she is specifically threatened with physical harm, which also shocks the sense of modesty. It
is an offense that cannot be redeemed and the term of imprisonment ranges from 1-5 years.
So if a man attempts to touch or grope a woman, under this section he can be charged.

Section 354 A: This section provides protection against sexual harassment. If a man attempts
to make physical contact, or asks for sexual favors, or makes a sexually colored joke, or
shows you pornography, then the crime of sexual harassment has been committed. A
individual may not try to resolve the out - of-court problem and may be punished with up to
three years ' imprisonment.

Section 509: This paragraph is valid if a man utters a word intended to insult the modesty of a
woman. It also refers to any noise or movement or object used to mess with the woman's
privacy. The accused will be punished with imprisonment for a period of up to three years
under this section.

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 2. Act II- Domestic Violence

Domestic violence, social and legal concept that, in the broadest sense, refers to any abuse
between intimate partners, often living in the same household, including physical, emotional,
sexual or financial abuse. The term is often commonly used by their male partners to describe
physical assaults against women, but even more rarely, the perpetrator may be a male
assaulted by his female partner, and the term may also be used by same-sex partners in
reference to harassment of both women and men. Act II begins with a man with his boss
having an intense argument. In pursuit of the argument, the mother of the man talks with her
son about her daughter-in-law's whereabouts. After a very hectic day in the workplace, when
the daughter-in-law enters her home, her husband yells at her for being late and throws the
tea she had made for him. In the course of the act. The husband beats his wife, instigated and
driven by anger. The scene ends with his wife explaining to her sister the whole scenario
where she refuses to file a complaint at the police station as she is afraid of the repercussions.
Her sister is trying to motivate her to raise her voice against her domestic violence.

MESSAGE:

Throughout India, there are several rules on domestic violence. The first legislation was the
1961 Dowry Prohibition Act which made it a crime to give and receive dowry. Two new
sections, Section 498A and Section 304B, were incorporated in the Indian Penal Code in
1983 and 1986 in an attempt to amend the law of 1961. The new law is the 2005 Domestic

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Violence Protection Act (PWDVA). The civil law PWDVA includes as domestic violence
physical, emotional, sexual, verbal, and economic abuse. Under S. 3 The Domestic Violence
Act, in which' domestic violence' is clarified, also covers requests for compensation resulting
from domestic violence and provides protection similar to that provided for in Section 125 of
the Criminal Procedure Code (CrPC). Nevertheless, as allowed by that clause, the demand for
payment is not limited to maintenance. It should be noted that the services available under
this provision must adhere to the aggrieved party's lifestyle.

3. Act III- Rape

The 2013 amendment to Criminal Law was amended on the basis of sexual offense laws. In
this act, the act begins with the same four boys in the first act of violating a girl who were
teasing eve girls. The scene follows to depict a scenario when the girl goes home and is
verbally abused by society members. Subsequently, a conflict occurs between the mother and
the brother of the child, both of representing two sides of the society in which the mother is
opposed to filling any complaint as the society will not tolerate her and discriminate against
her, while the brother stresses the value of filling an FIR. The brother makes sure the girl files
a complaint in the last scene.

Message :

There are two sections of a' rape' charge under Section 375 of the Indian Penal Code: non-
consensual penetration by a man of any orifice (vagina, anus, throat, urethra) in a woman, or

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non-consensual touching of any orifice with the hands. This is not limited to gender. It's also
rape to force a woman to do this for herself, or with someone else. The court will decide that
if they meet the seven important criteria, these acts will be rape.
Consent was clearly defined as a direct, voluntary communication that the woman agrees
with the particular act of sex, leaving no room for debate. It also makes it clear that in
deciding on consent, the absence of physical injuries is immaterial. If a woman is raped at the
same time by a group of people, each of them will be punished for committing the crime
(Section 376D IPC). The punishment is rigorous imprisonment of between 20 years and life
imprisonment.

Even after the law in 2013, marital rape continued to be no crime in India as wife and
husband live together. Article 376B of the 2013 law made sexual intercourse induced by a
man with his spouse–if she is living separately–a felony, whether by separation decree or
otherwise, punishable by at least 2 years ' imprisonment. Forced sex on his wife by a man
may also be considered to be prosecutable domestic violence under other sections of the
Indian Penal Code, such as Section 498(A) and the 2005 PDW Act. 

Song Performance : Bekhauff and Choti si Asha

At the end of the legal awareness camp, four students perform two songs namely Behkhauff
and Choti si Asha. The first song is a depiction of an idealistic society where women in their
respective fields are not afraid to make bold decisions and succeed without fear. The other
song portrays a girl's story that has dreams and wishes to follow them without any
limitations. All songs represent a culture that respects women's freedom by keeping them safe
and secure.

CONCLUSION AND SUGGESTIONS

Although it is not possible to measure the success of legal aid camps after organizing only
one camp as awareness and sensitization is a very slow process, it can be said that our legal
aid camp has been a huge success. Many students and faculty members from different

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colleges and universities in North Guwahati witnessed it. All speakers were very efficient in
presenting their views in a lucid and clear manner, and the audience was thrilled with the
multi-lingual Skit that our students performed. We were all aware that as a university with
students from all over India, we could face some linguistic issues while interacting with the
locals of North Guwahati, a district in Assam with a majority of the population speaking only
Assamese. North Guwahati's people were so polite and cooperative, however, that the
language issue never seems to be an obstacle. Moreover, we took pains to ensure that we had
our sensitization programmes in Assamese, Hindi and English.

It became quite clear after the legal aid camp that laymen were barely aware of their legal
rights and free legal assistance. Some of the legal facts presented seemed to confuse the
audience. Ignorance of laws is also one of the main reasons why the general public is worried
about entering the Indian judicial systems. This shows that there is an urgent need for more
such awareness drives in Assam and elsewhere as the amount of judicial pronouncements and
legislative laws will bring about or achieve the desired goals if Indian people are not even
aware of their rights. The following are the suggestions I would like to put forward:

1. More legal aid camps

Camps for legal aid are of no use if they are organized in a sincere and regular manner. Since
the area of law is very vast, there is an ardent need to have more camps for legal aid to deal
with more issues of law. To achieve some substantial results, a very continuous and
systematic process must be acquired.

2. Prior campaigning

It was also clear that since the legal aid camp was held in a school, the audience were mainly
college students and law students who may already have been aware of most of their legal
rights. Therefore, in order to make a legal aid camp more effective, previous lobbying is very
important. A day or two before the camp should be told of the citizens of the place where
such camp is to be organized. We should also be told about the benefits of attending these
camps along with it.

3. Encouragement

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People conducting awareness programs should be trained in order to make the public feel
comfortable enough to share their legal issues. Being sensitive is also important as most
shared cases are emotional in nature (family disputes, land disputes, etc.). Therefore, it should
be made clear that if the proper mechanisms are followed, achieving justice is very easy and
cost-effective.

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ANNEXURE

Sample Survey

On the day of legal aid camp, I interviewed Bijendor Kalita, a resident of village Goalpara.
The following are the question and answers:

Q- Is the concerned person falling under the categories of the person who are entitled to
get free legal aid service (as per Section 12 of The Legal Service Authorities Act,
1987)?
R- She was a woman, so yes.

Q- Is the person aware about his/her legal rights?

R- No

Q- Is there any violation of his/her legal right?

R- Yes

Q- Is the concerned person willing to share the details of the dispute with the interviewer?

R- Yes. It is a property dispute between her mother and uncle.

Q- What is the present status of the dispute?

R- It is pending in District Court.

Q- What are the hindrances (if any) faced by the concerned person?

R- Yes. The travel expenses, distance, advocate fees etc.

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