Not one child's case sent by courts: Legal services body
Mumbai: The Maharashtra State Legal Services Authority (MSLSA) has told Bombay high court that family courts have not referred a single case to it for providing legal services to any child.
"Till date, not a single case concerning custody, guardianship, or maintenance has been referred to the legal services units for children (LSCUs) by the family courts for providing legal services to a child under the scheme," stated its reply to a PIL that seeks appointment of independent lawyers for children in custody battles between their parents.
Petitioner advocate Shraddha Dalvi urged framing of guidelines for a child legal assistance programme in Maharashtra in custody and related litigation and in Protection of Children from Sexual Offences (Pocso) Act cases.
She sought appointment of lawyers under the Legal Services Authorities Act, which entitles a child to free legal aid.
MSLSA's Mar 23 reply stated that National Legal Services Authority's legal services for children scheme came into operation in Sept 2024. In Nov legal services units for children were constituted in every district, and their members were trained. The district legal services authorities conducted awareness and outreach programmes in schools, colleges, villages, and other places.
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It then informed that family courts have not referred cases for providing children with legal services.
"If a child in need of legal services concerning custody, guardianship, or maintenance is referred to the LSCUs by the family court, the child will be provided with necessary legal services," MSLSA assured.
The Women and Child Development Department's Apr 23 reply stated that as per the Pocso Act, a May 2015 govt resolution issued guidelines for a child to take assistance from experts in the pre-trial and trial stages.
It referred to a section that entitles the family or guardian of a child to take assistance from a legal counsel of their choice and provides that if they are unable to afford one, "Legal Services Authority shall provide a lawyer to them".
Dalvi's petition, filed through advocate Ashley Cusher, said children are "silent sufferers" and the "most unheard and unrepresented parties in matrimonial proceedings". Every year, over 2 lakh matrimonial dispute cases are filed in family courts in India. In the Mumbai FC, over 10,000 cases are filed annually. In custody cases where allegations like Pocso against male relatives arise, "children become ultimate victims, enduring severe mental anguish, especially when subjected to sexual assault or manipulated into making false accusations".
Independent lawyers "will help the child to express his wish or concern without bias or prejudice and guide them to take a balanced decision".
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