Latest news with #LegalServicesAuthoritiesAct
New Indian Express
4 days ago
- Politics
- New Indian Express
President nod for Act to dispose of civil disputes in two months in Karnataka
BENGALURU: President Draupadi Murmu has given assent for the Code of Civil Procedure (Karnataka Amendment) Bill, 2024. The presidential assent was given on May 19. This was notified in the Karnataka Gazette (extraordinary) on May 26. The Act comes into force with the amendment to the Code of Civil Procedure, 1908, for the purpose of expeditious disposal of cases of civil dispute in nature and providing speedy justice. It has scope for disposal through mediation by the Legal Services Authorities between the parties within two months and, if failed, by two years with the dates of judgment being certain. 'Notwithstanding anything contained in the Legal Services Authorities Act, 1987, the Authority authorised by the State Government shall complete the process of mediation within a period of two months from the date of reference Provided that the period of mediation may be extended for a further period of one month with the consent of the parties.' If the parties to the civil dispute arrive at a settlement, the same shall be reduced into writing and shall be signed by the parties to the dispute and the mediator and shall be submitted to the court. The court shall effect a compromise between the parties and shall follow the procedure as prescribed. The court shall hold the first case management hearing, not later than four weeks from the date of completion of pleadings in the suit. The court shall ensure that the arguments are closed not later than 24 months from the date of the first case management hearing. Law Minister HK Patil had remarked that the new Act will be a game changer in terms of clearing the huge pendency of civil dispute cases.
Time of India
26-05-2025
- Time of India
20 years gone, man acquitted in double murder case in Ghaziabad
Ghaziabad: Twenty years after being charged with a double murder he didn't commit, Bheema Jatav finally saw justice. But the taste of freedom will elude him still. On April 29, the court of additional sessions judge Shiv Kumar Tiwary acquitted Jatav in connection with the two-decade-old murder case. Tired of too many ads? go ad free now But Jatav will continue to stay in Dasna jail in connection with another case against him in Hapur. His acquittal in the murder case came through the efforts of a lawyer provided to him under UP govt's Legal Aid Defence Counsel System (LADCS). The case dates back to Oct 11, 2003, when two bodies bearing injury marks were discovered near a forest in Noornagar of Sihani. Following police advertisements, Shashibala Devi from Meerut identified one of the bodies as that of her son Ankit Gupta, and the other of his friend Monu. Acting on a tip off, the city cops arrested Jatav and filed a chargesheet against him on March 20, 2004. He was charged with murder under IPC Section 302, destroying evidence under Section 201, and under Section 25/4 of the Arms Act. Without any means for legal representation, Jatav remained in jail until lawyers discovered his case during an LADCS awareness camp in 2024. Assistant legal defence counsel Vichitra Kumar, who represented Jatav in court, highlighted crucial gaps in the prosecution's case. "The prosecution relied heavily on the accused's extra-judicial confession. We found significant discrepancies between the complainant's statement and her testimony in court," Kumar said. The court also noted inconsistencies in the prosecution's timeline and the alleged recovery of the murder weapon. After hearing both parties, it acquitted Jatav on all charges. Though acquitted, Jatav will remain in custody. Tired of too many ads? go ad free now In these 20 years, Jatav has been in and out of jail several times. After his arrest on Jan 7, 2004, Jatav remained in jail till May 26 that year, when he secured a bail. During this period, he worked as a labourer and did not jump the bail conditions till 2011, when he stopped reporting to the nearest police station. Jatav was arrested again on May 19, 2011, and continued to remain in custody till Feb 4, 2017. He violated bail conditions once again, and was taken into judicial custody on Aug 22, 2022. Since then, he continues to remain in jail. "Bheema Jatav comes from an extremely humble background. His elderly mother, the only one in his family, cannot run for court formalities. While in jail, Jatav was not earning enough to afford a private lawyer. So, he had left all hopes of presenting his case," Kumar said. The LADCS was implemented across district courts in the state in 2023. "Under the Legal Services Authorities Act, free legal aid is everyone's right. LADCS ensures legal representation for those who can't afford it, particularly in criminal cases," Kumar said. The district legal services team in Ghaziabad, led by chief legal defence counsel Kiran Pal Singh, has conducted about 50 jail visits in 2024-25, taking up over 1,000 cases. "We've resolved 260 cases, and 812 are pending trials," Singh said.
Time of India
24-05-2025
- Time of India
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. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like "My Husband Chuck Avoids These 3 Foods Like The Plague" Roundhouse Provisions Learn More Undo 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".
New Indian Express
20-05-2025
- Politics
- New Indian Express
SC directs states to appoint protection officers, ensure aid for domestic violence survivors
NEW DELHI: The Supreme Court on Tuesday directed all the states and union territories to identify officers in the Department of Women and Child Development at the district and taluka levels and designate them as protection officers. A protection officer is an appointed individual tasked with ensuring the safety and well-being of victims of domestic violence. A bench of Justices B V Nagarathna and Satish Chandra Sharma directed the chief secretaries of the states, UTs and the secretaries of the Women and Child/Social Welfare Departments to coordinate and ensure the designation of officers as protection officers under the Domestic Violence Act. "They shall also take steps to discharge their duties under Section 11 by giving wide publicity through media to promote awareness about the provisions of the Act, ensure effective coordination of services under the Act, and implement its provisions," it said. The bench directed that the exercise be completed within six weeks from today in areas where protection officers weren't designated. "The states shall ensure the availability of service providers, help groups, and shelter homes for distressed women. The respondent states shall also identify shelter homes for this purpose," the top court noted. Underlining the right under the Legal Services Authorities Act, the bench ordered the member secretary of the National Legal Services Authority to instruct all member secretaries of the state legal services authorities to spread awareness among women about their right to free legal aid and advice under the Domestic Violence Act.
Time of India
20-05-2025
- Politics
- Time of India
Designate protection officers to ensure safety of women from domestic abuse: SC to states, UTs
New Delhi: The Supreme Court on Tuesday directed all the states and union territories to identify officers in the Department of Women and Child Development at the district and taluka levels and designate them as protection officers. A protection officer is an appointed individual tasked with ensuring the safety and well-being of victims of domestic violence . A bench of Justices B V Nagarathna and Satish Chandra Sharma directed the chief secretaries of the states, UTs and the secretaries of the Women and Child/Social Welfare Departments to coordinate and ensure the designation of officers as protection officers under the Domestic Violence Act. "They shall also take steps to discharge their duties under Section 11 by giving wide publicity through media to promote awareness about the provisions of the Act, ensure effective coordination of services under the Act, and implement its provisions," it said. The bench directed for the exercise to be completed within six weeks from today in areas where protection officers weren't designated. "The states shall ensure the availability of service providers, help groups, and shelter homes for distressed women. The respondent states shall also identify shelter homes for this purpose," the top court added. Live Events Underlining the right under the Legal Services Authorities Act, the bench ordered the member secretary of National Legal Services Authority to instruct all member secretaries of the state legal services authorities to spread awareness among women about their right to free legal aid and advice under the Domestic Violence Act. They shall also give adequate publicity to these provisions, the bench said. "Needless to say, if any woman approaches for legal aid or advice, it shall be provided expeditiously, as the Act guarantees every woman the right to free legal assistance," it noted. The top court's direction came on a plea filed by NGO We the Women of India seeking to fill massive gaps in infrastructure under Protection of Women from Domestic Violence Act across the country for providing effective legal aid to women survivors of abuse at matrimonial homes and creating shelter homes for them post lodging of complaints against husbands and inlaws. The NGO, in its plea filed through advocate Shobha Gupta, said domestic violence continues to be the most common crime against females in India despite the Domestic Violence Act coming into force more than 15 years.
