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District Court Of India

District Legal Service Authority(DLSA)

District Legal Service Authority (DLSA)

History Of Legal Service

Jammu and Kashmir State Legal Service Authorities Act was enacted in the year 1997, whereas the Rules and Regulations there under were framed in the year 1998. Consequent upon coming into force of this Act, the activities of Jammu and Kashmir State Legal Aid and Advice Board were taken over by the State Legal Service Authority. Earlier, free legal aid was being provided to eligible persons in terms of the provisions of the J&K State Legal Aid and Advice Board Rules 1987. In 1997, SLSA Act was passed in order to Constitute Legal Services Authorities to provide free and competent legal services to the weaker section of the society to ensure their opportunity for securing justice are not deprived to any citizen by reason of economic or other disabilities, and to organize Lok Adalats to secure the operation of the Legal system, promote justice on the basis of equal opportunity.

State Legal Service Authority

In terms of S.3 of SLSA Act, State Legal Services Authority has been created, with Hon'ble the Chief Justice N. Paul. Vasanthakumar as its present Patron-in-Chief. Hon’ble Mr. Justice Mohammad Yaqoob Mir, J&K High Court is presently the Executive Chairman of the Authority, whereas Sh. Mohd. Ashraf Mir, Secretary Deptt.of Law, Govt of J&K is the ex-office Member Secretary of the Authority. Besides this, Presidents of Bar Associations Jammu/Srinagar, Advocate General, Secretaries to Home, Finance and Information Departments of Govt. of J&K are the ex-office members of the State Authority. The State Legal Services Authority besides being the Supervisory Authority over the District / Tehsil Legal Services Authorities/ Committees is obliged to lay down policies for making legal service available, make allocation of funds to other Authorities/ Committees, organize legal aid camps, encourage settlement of disputes by mediation and conciliation, conduct/organize Lok Adalats and related activities.

District Legal Service Authorities

Fourteen District Legal Service Authorities (DLSA) have been constituted in the State of Jammu and Kashmir by the Government under S.7 of the Act. Each District Authority consists of the District Judge concerned as its chairman with Deputy Commissioner, Additional District and Sessions Judge, Senior Superintendent of Police, Chief Judicial Magistrate and Presidents of concerned Bar Associations as its members. Assistant Commissioner (AC) of the concerned District acts as the Member Secretary of the District Authority. District Authority besides organizing Lok Adalats within the district, has to perform such functions as are assigned to it by the State Legal Services Authority.

Tehsil Legal Service Committee

There are 59 Tehsil Legal Service Committees functioning in the state at present that have been created & constituted by State Authority in terms of S.10 of the Act. Each Tehsil Committee comprises the Senior Subordinate Judge of the concerned Tehsil as its chairman and Sub Divisional Magistrate, Dy Superintend of police, Tehsildar, Block Development Officer, Panchayat officer and President Tehsil Bar Association as its ex-office members. The Naib Tehsildar of the concerned Tehsil acts as the Member Secretary of the Tehsil Committee. Tehsil Legal Services Committee has to coordinate the activities of legal services in the Tehsil, organize lok adalats within the Tehsil and perform such other functional as the District Legal Service Authority (DLSA) assigns to it.

Beneficiries of Free Legal Aid

The following categories of persons are entitled to free legal service in terms of S.12 of the SLSA Act

(i) A member of a Scheduled Caste or Scheduled Tribe;

(ii) A victim of trafficking in human being or beggar as referred to in article 23 of the Constitution;

(iii) A Woman or Child;

(iv) A mentally ill or otherwise disabled person;

(v) 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

(vi) An industrial workman;

(vii) In custody, including custody in protective home within the meaning of clause (g) of section 2 of the Immoral Traffic (Prevention) Act, 1956 or in a psychiatric hospital or psychiatric nursing home within the meaning of clause(g) of section 2 of the Mental Health Act, 1987; or

(viii) A person whose yearly income is less than Rs . 25,000/- if the case is before a court other than Supreme Court and less than Rs 50,000/-. if the case is before the Supreme Court;

Modes of Providing Legal Service

Following are the modes of providing the free legal services :-

(i) By payment of court fee, process fee, expenses of witnesses, preparation of the paper book, lawyers fee and all other charges payable or incurred in connection with any legal proceeding;

(ii) Through representation by a legal practitioner in legal proceedings;

(iiI) By supplying certified copies of judgment, orders, notes or evidence and other documents in legal proceedings

(iv) By drafting , Copying, Printing of legal documents;

(v) By giving legal advice on any legal matter;

(vi) Through meditation centers or family counseling Centers;