Legal Aid Services
PLEASE CHECK DATES OF LOK ADALATS IN THIS SECTION.
Main Functions of District Legal Service Authority, Jodhpur District:-
1. Legal aid:-
Section 12 of the Legal Services Authorities Act, 1987 prescribes the criteria for giving legal services to the eligible persons. Section 12 of the Act reads as under:- "Every person who has to file or defend a case shall be entitled to legal services under this Act 12 if that person is – (a) a member of a Scheduled Caste or Scheduled Tribe; (b) a victim of trafficking in human beings or beggar as referred to in Article 23 of the Constitution; (c) a woman or a child; (d) a mentally ill or otherwise disabled person; (e) 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 (f) an industrial workman; or (g) in custody, including custody in a protective home within the meaning of clause (g) of section 2 of the Immoral Traffic (Prevention) Act, 1956 (104 of 1956); or in a juvenile home within the meaning of clause; or (j) of section 2 of the Juvenile Justice Act, 1986 (53 of 1986) or in a psychiatric hospital or psychiatric nursing home within the meaning of clause (g) of section 2 of the Mental Health Act, 1987 (14 of 1987); or (h) in receipt of annual income of not more than rupees 1,25,000.
2. Rajasthan Victim Compensation Scheme 2011 of Rajasthan State Legal Services Authority, Jaipur:- Providing Compensation to the needy and eligible persons.
3. Lok Adalat:- Lok Adalat is a system of alternative dispute resolution developed in India. It may be called "People's court". Lok Adalat is a forum where the disputes/cases pending in the court of law or at pre-litigation stage are settled/compromised amicably. The Lok Adalat has been given statutory status under the Legal Services Authorities Act, 1987. Under the said Act, the award made by the Lok Adalats is deemed to be the decree of a civil court and is final and binding on all parties and no appeal lies before any court against its award.
NATURE OF CASES TO BE REFERRED TO LOK ADALAT
1. Any case pending before any court.
2. Any dispute which has not been brought before any court and is likely to be filed before the court. Provided that any matter relating to an offence not compoundable under the law shall not be settled in Lok Adalat.
HOW TO GET THE CASE REFERRED TO THE LOK ADALAT FOR SETTLEMENT
A) Case pending before the court:
If the parties agree to settle the dispute in Lok Adalat or One of the parties makes an application to the court or the court is satisfied that that the matter is an appropriate one for settlement in Lok Adalat.
B) Any dispute at pre-litigative stage:
The State Legal Services Authority or District Legal Services Authority or Taluka Legal Services Committee as the case may be on receipt of an application from any one of the parties to any pre-litigation stage matter refer such matter to the Lok Adalat for amicable settlement.
The following Lok Adalats are organized by DLSA, Jodhpur District:-
• National Lok Adalat,
• Mega Lok Adalat,
• Permanent Lok Adalat,
• Regular Lok Adalat.
4. Mediation:- As used in law, is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community and family matters.
The benefits of mediation include:-
Cost free, Confidentiality of privacy, Control over resolution, Compliance, Mutuality, and Mediators Support for mutual consent over issues.
5. Legal Literacy & Awareness:-
DLSA, Jodhpur District is organizing several various kinds of camps such as:-
• Regular Legal Literacy & Awareness Camps by Panel Advocates and Para Legal Volunteers as per State Action Plan and various circulars (Child Beneficiary, Labour Beneficiary, Right of Senior Citizens, Rights and Schemes for SC/ST and tribals, Rights of Sex Workers).
• Awareness through Mobile VAN.
• Organizing Mega Legal Awareness & Public Welfare Camp for providing a single platform for various govt. schemes (conducted by various govt. departments).
• Poster, Painting and Photography Competition on Child Labour, Child Marriage, Right To Education and Environment Protection made by School Students and also Awareness of Rajasthan Victim Compensation Scheme 2011.