At the hearing held on Thursday, May 4, a bench of Chief Justice Sandeep Mehta and Justice Mitali Thakuria posted this for hearing post summer vacation since the matter was long pending and the details of persons excluded from the National Register of Citizens (NRC) had still to receive the “reasons for their exclusion, four years after the publication of the NRC final list!

CJP’s counsel senior advocate Mihir Desai and advocate Mrinmoy Dutta also appeared for CJP.

The order may be read here:

Meanwhile in an additional affidavit filed by the petitioners on March 23, 2023, CJP has laid down and re-iterated the context within which such legal aid is necessary:

“That this Hon’ble Court by order dated 23.11.2021 in the present PIL  had directed the Government of India  as well as the State to  indicate as to how funds would be made available for the purpose of providing legal aid after considering the issues raised in the PIL considering the magnitude and the enormity of the exercise that was unfolding.

“That, though it is true that the number of persons who were likely to seek legal aid was not known or no specific list of persons seeking legal aid was/is  placed before this Hon’ble Court but the same does not make the petition premature or speculative as there is no denying the fact that out of 19 lakhs people who were left out large number of them are women and children and there are people whose entire families were left out of the NRC and a large percentage of these people belong to the underprivileged sections of the society who  cannot afford the burden of multiple litigations and as such the creation of proper infrastructure of legal aid and service was a requirement,  with creation of the necessary awareness so that the affected people could be assured that they are entitled to legal aid and services.

“The fact that after the Hon’ble Apex Court had directed release of those interned who had spent three years in the detention center, on bail there was no attempt by the state to even help these people to get their bails ensured is indicative of the fact that legal services to these people is far from reality.  It was in these circumstances the petitioner within its resources provided legal aid to at least 52 such détentes in getting their bail papers processed.

“The state machinery has shown total apathy to the plight of these people.  It is important to mention that merely filing of appeals within 120 days of the reasons being furnished was not sufficient to make proper and effective legal aid a reality, but the process required prior guidance to people left out to prepare their papers and even obtaining copies of valuable documents to make them admissible in evidence.

“That, providing legal aid cannot be a hollow formality and the same has to be proper and effective and therefore there was not only a  requirement of preparation of panel of advocates but there is also a requirement of a huge force of para legal volunteers, training paralegal volunteers to make them understand the intricacies of the legal process so that they are in a position to guide legal aid seekers in matters pertaining to foreigners tribunal to prepare themselves to meet the requirements and place a proper and effective appeal in time.

“That the enormity of the exercise can be understood from the fact that 19 lakhs people would have been required to knock the doors of the tribunals within 120 days of the reasons of exclusion being furnished and the situation was therefore unprecedented. More than 200 Tribunals members were appointed to deal with these deluge of appeals and the infrastructure available simply could not have handled the situation and in fact the admission by the state legal services authority made it apparent that the infrastructure available was not robust to handle the situation.

“It also cannot be lost sight that the remedy after these appeals would only be before this Hon’ble Court and these matters would require not just months and years but decades to be decided before this Hon’ble Court given the fact that cases from hundreds of tribunals would have to be tackled. The appeals before the Learned Tribunals is thus practically the last resort for these people left out of standing on the periphery of being deprived of their rights of citizenship or the rights to have rights in a highly technical process and therefore not just legal aid but proper and effective legal aid being the requirement, the PIL was filed to highlight the deficiencies in the system which is a way stands admitted by the affidavit of the respondent No 6 (Assam State Legal Services Authority)

“The PIL filed by the petitioner is highlighting a public cause and the petitioner has no personal interest in the cause raised in the PIL. The petitioner organization, on its  own over the years has tried to do their bit within the limitations of the resources available,  by providing legal aid and assistance to the poor and marginalised section of the society in the state, grappling with the questions of their citizenship status and unless the state puts up a robust infrastructure to provide legal aid to these people grappling with the questions of citizenship,  legal aid and service would be a mere hollow formality, which certainly is not the mandate of law. “

About the plea

On August 20, 2019, a press communication issued by MHA stated that legal assistance would be provided to those excluded from NRC, specifically those who are in need of such legal aid. CJP has been actively involved in ground-work of para legal and legal aid but its team has not come across any any concerted efforts in furtherance of the 2019 communication issued by MHA. CJP thus submitted a representation before Secretary of Home Department in Assam for framing scheme and modalities for providing effective legal aid to the NRC left outs. CJP also asked the Home Department about what steps had been taken by the government so it can, through its widespread ground-work, create awareness among the people in need. Besides, CJP corresponded with the National Legal Aid Authority (NALSA) and annexed these communications with its PIL. From April 2020 to November 2020, the organisation was involved in detailed correspondence and representations to both the National Legal Services Authority (NALSA) and the Assam State Legal Services Authority (ASLSA).

Finally, in November 2020, the Assam State Legal Services Authority (ASLSA) responded stating that it “has enough machinery to deal with any action” taken by the government with regards to NRC. The ASLSA letter also revealed that only two Taluk Level Legal Services Authorities are functioning, while there are 78 taluks in the state. The letter also states that once rejection slips are handed out, legal camps can then be organised.

It was in response to this, then that the CJP then conducted a survey n 10 districts of Assam to assess the preparedness of District Legal Services Authorities (DSLA) which revealed that the front offices were either not present or the ones that had front offices were inadequate in terms of space or in terms of staff.

It was also revealed that in none of the ten legal services authorities, were the personnel trained on Citizenship, NRC, Immigration or the Foreigners Act, all of which are germane to the impending situation of people having to appeal before Foreigners Tribunal to prove their citizenship.

It was the findings of this survey that prompted CJP to file this plea before the Gauhati High Court.

In February last year, 2022, the Assam State Legal Services Authority (ASLSA) had indicated in its affidavit that it is in need of financial resources to provide legal aid to those excluded from NRC. Despite the inadequacy of the state response to the crucial issue of legal aid, no stringent measures are being undertaken.

Related:

CJP’s Assam Legal Aid Petition: ASLSA indicates shortage of funds for providing legal aid to those excluded from NRC

CJP’s Assam Legal Aid Petition: Gauhati HC asks Centre and State to indicate stand on funding

Assam DSLAs woefully understaffed, staff under-trained to handle FT cases

Inadequate legal aid for NRC excluded persons, CJP moves Guwahati HC

The post Assam legal aid plea hearing deferred beyond vacation appeared first on SabrangIndia.

Justice UU Lalit, who is at present the second senior most judge in the Supreme Court has made a series of pertinent observations about the quality of legal aid in India, while addressing judges, lawyers and other legal service providers at the Maharashtra State Level Conference on the topic Early Access to Justice at Pre-arrest, Arrest and Remand stage on March 26. It is noteworthy that Justice UU Lalit is also the Executive Chairman of the National Legal Services Authority. He spoke about the importance of providing quality free legal aid services.

Justice Lalit said, “Free legal aid does not mean poor legal aid. Free legal aid must mean quality service.” As reported by the media including Livelaw, he expressed his concern about the extremely low percentage of cases which landed up with the Legal Services Authority and stressed upon the need to induct talented and committed persons.

Speaking on the importance of qualified legal assistance at pre-arrest, arrest and remand stage, Justice Lalit reportedly said, “At every possible stage the man must have the advantage or the benefit of qualified legal assistance. We don’t provide that legal assistance, we at National Legal Services Authority (NALSA), State Legal Services Authority (SLSA), District Legal Services Authority (DLSA), Taluk Legal Services Committee (TLSC), what do we do? We are just facilitators. We are not the ones who is going to appear for that man and present his case, we simply facilitate that mechanics, we have an apparatus and that’s why one has to see this NALSA as a beautiful machinery which has been produced by the Parliament. There is no other scheme which is given in the hands of Judiciary, which is supposed to be in the interest of the society. The Judges right from top that is NALSA up to SLSA, DSLA or even TLSC, the entire apparatus is managed by the Judges. But management is the only part which is in our hands, execution of that, i.e. giving legal counsel, is in the hands of lawyer or is in the hands of the team of the lawyers and this is precisely why my predecessors who addressed you were stressing upon the fact that quality legal assistance, pro-bono services, senior advocates, getting inducted in the programme, that will provide you good quality assistance.”

He further said, “It is true that there are methods and methods in which we can induct, we can draft that talent. Like for instance, High Courts of Punjab and Haryana and Delhi before they designate a person as a senior counsel, they look into the profile and they say, how many matters have you done pro bono? Some of the High Courts go to the extent of getting an undertaking that after your designation you shall do at least 10 pro-bono matters every year.” But here, Justice Lalit made an important point, “Now, these are modalities, and methodology that a particular High Court, may adopt, may not adopt, that is not the point, point is legal aid, free legal aid does not mean poor legal aid, free legal aid must mean quality service. If I go through this door and approach the legal aid, I must be assured that good quality assistance will be given to me, rather than if I go through the other door, where may I have to sell ornaments of my wife in order to support the litigation to be sponsored. Why do I say that? Since the basic topic is arrest, pre-arrest, remand which is pertaining to criminal law, of all the matters which are in court, only 1% of that land up with Legal Aid Services Clinics. Is that proportion correct? If we say that 70% of our people are below poverty line, then going by the same logic, the same proportion perhaps 70% of the litigants must be those, who are below poverty line, rough and ready estimate then why is it only 1% of them land up in the legal aid services clinics.”

He suggested that law students be made to undergo mandatory rural services similar to medical students. Justice Lalit reportedly said, “I have been advocating, I have actually been in touch with the Bar Council of India and I have been telling them, make it part of your curriculum at LLB level and this I said just few days back – we have courses like medicine, where after a person graduates, he gives it back to the society by serving as an internship in rural areas. Why not with legal professional? Why is it that the service of rural areas is the prerogative and preserve only of medical professionals? So, we should adopt that, as a principle, when it comes to legal education. This is what I have been advocating, I have been stressing on this, with Bar Council of India persons and they have agreed, from 3rd year onwards, they will be regularly sending students, every law college will be adopting may be 2 or 3 taluks and send the law students to those nearby taluks, so that as young students, as young professional, they have first-hand experience. If that exposure, so far as students are concerned is achieved, as and when they pass out, they will be your first line, who will be inducted as qualified legal professionals, who can take charge of, or who can take care of, what is your legal aid services programmes. And thereby you will be ensuring, the third rung that is the legally qualified persons are of good quality. These are various facets, induct people on pro bono, increase remuneration, have good quality persons. I am not so touchy, about the fact that only senior persons must be give the charge. I have seen spark of talent even in youngsters and those youngsters do tremendous amount of work with so much of zeal, that perhaps I think that may not be matched by some of the older persons in the profession. So, seniority is not the only determining criteria.”

He also reportedly suggested that the marginalised sections of the society should be made more aware of the legal aid services that they could avail. As per his suggestion every First Information Report (FIR) should have details of the nearest legal aid services clinic and every police station must have a board giving information about the availability of legal aid services.

CJP’s PIL to Gauhati High Court seeking legal aid for marginalised people

Justice Lalit’s words are even more pertinent today as over 19 lakh people whose names have been left out of Assam’s National Register of Citizens (NRC) will now be required to defend their citizenship before Foreigners’ Tribunal (FT). Given how a large number of these people hail from economically weak backgrounds, they would invariably depend upon the DSLAs for help. But what if the DSLAs ar not prepared to handle this deluge of people seeking help?

Therefore, CJP had filed a petition before Guwahati High Court last year raising concerns over the quality of legal aid to be provided to these people. The petition sought directions to the State to formulate effective and robust modalities for legal aid in terms of having trained lawyers and adequate front offices in light of the several pending appeals to be filed before FTs by people from marginalised sections to prove their citizenship. The plea emphasised that those excluded cannot be deemed non-citizens till the remedies available before them are exhausted, and unless the marginalised among them are not provided adequate legal aid, they would suffer irreparable loss and injury.

CJP also raised concerns before the court that since NRC-excluded people are required to file an appeal within 120 days, there would not be sufficient funds for such persons to engage legal counsel and get legal aid in such a short span of time. Hence, the plea also contended that legal aid be provided by the Assam State Legislative Authority (ASLSA) as well as the National Legal Services Authority (NLSA) to the aggrieved people.

CJP conducted an independent survey between November and December 2019 in 10 districts of Assam to assess the preparedness of District Legal Services Authorities (DSLA). That’s when we discovered that the front offices were either not present at these DSLAs or the ones that had front offices did not have adequate space or properly trained staff. The survey revealed that the personnel were not trained in Citizenship laws, NRC related procedures, Immigration law or the Foreigners Act, in any of these 10 DSLAs, even though in-depth knowledge of all these laws, procedures and Acts are vital for offering quality legal assistance to NRC-excluded people who are required to defend their Indian citizenship before Foreigners’ Tribunals. As per the survey, only 10 cases had been handled by the counsel of these DSLAs until November 2021; all by Dhubri DLSA: 7 in 2019, and 3 in 2020.

In addition to that the Assam State Legal Services Authority (ASLSA) even made a significant admission on record that the state government needs to revisit the budget allocation to enable it to provide the requisite legal aid. It stated that it has made endeavours to train its staff in citizenship matters however is lagging in financial resources for providing aid to the large population that has been left out of NRC.

The Court has granted a final chance to the State of Assam and the Union of India (UOI) to file their affidavits and has listed the matter on April 27, 2021.

Related:

Assam Paralegal Training Workshop

CJP’s Assam Legal Aid Petition: Gauhati HC asks Centre and State to indicate stand on funding

CJP’s Guwahati legal aid petition: State fails to file an affidavit

The post Free legal aid does not mean poor legal aid: Justice UU Lalit appeared first on SabrangIndia.