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Nirma University

Institute of Law

Course: PIL, Legal Aid & Para Legal Services [2BAL803]

Program:

B.A. LL.B.(Hons.)

Semester-VI

Even Semester (Jan June 2010)

Course Module

Course Coordinator: Prof. (Dr.) Purvi Pokhariyal Co- Faculty: Mr. Rohit Moonka

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Nirma University Institute of Law

B.A.LL.B. (Hons.) Programme

Semester VIII

Public Interest Lawyering, Legal Aid and Para-Legal Services

Teaching : 60 Hours

Objectives of the course:

Public interest litigation is a weapon which has to be used with great care and circumspection and the judiciary has to be extremely careful to see that behind the beautiful veil of public interest an ugly private malice, vested interest and/or publicity seeking is not lurking. It is to be used as an effective weapon in the armory of law for delivering social justice to the citizens. This course have aim to give the knowledge Public interest lawyering and public interest litigation. It is true that, a poor citizen is not able to approach the court, due to his incapacity; therefore he may be denied justice in the financial compulsion. To do justice with him, we have constituted four tires legal service authorities (al National, State, District, and Taluka level). Along with free legal service they have also work on the legal awareness. Speedy trial is next issues to be cover in the course with the introduction of evening court and the Gram Nyayalya. Being a clinical course students have to go for clinical work. The following syllabus prepared with this perspective will comprise about 84 (56 Hrs lectures + 28 Hrs clinical and Project) units of one hour duration.

SECTION-I - Public Interest Lawyering

1. Public Interest Lawyering 1.1 Meaning, Nature and Scope 1.2 A Carrier in Public Interest Lawyering 1.3 Jurisdiction to file PIL 1.4 Grounds for filling 'Public Interest Litigation' 1.5 Withdrawal of PIL 1.6 PIL is strategic arm of the legal aid movement. 1.7 Public interest litigation v. Publicity interest litigation

2. Public Interest Litigation 2.1 Concept of Public Interest Litigation (Pro bono publico) 2.2 Origin and development in India

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2.3 PIL and Rule of Locus Standi 2.4 Role of Court as Inquisitorial Court 2.5 Nature of Public Interest Litigation 2.6 Scope and limitation of the Public Interest Litigation 2.7 Contribution of Mr. M.C. Mehta in development of Public Interest Litigation

3. Various facets of PIL 3.1 PIL against Public Policy 3.2 PIL protecting Rights of Children 3.3 PIL protecting Human Rights 3.4 Role of PIL in Environment Protection 3.5 Protecting labour class from exploitation 3.6 PIL and custodial violence 3.7 Rights of the accused persons and prisoners protected by PIL 3.8 PIL a tool to prevent politicians from abusing their powers

SECTION-II - Legal Aid and Legal Services Authorities

4. Legal Aid 4.1 Meaning, Need and Significance of legal aid 4.2 Legal Aid- Origin and Development in India 4.3 The Constitution directions for free legal aid 4.4 Provisions for Legal Aid under the Code of Criminal Procedure 4.5 Provisions for Legal Aid under the Code of Civil Procedure 4.6 Relationship between PIL and Legal Aid 4.7 Criteria for giving legal services 4.8 Entitlement to Legal Services

5. Legal Services Authorities 5.1 The National Legal Services Authority

5.1.1 Constitution of the National Legal Services Authority 5.1.2 Supreme Court Legal Services Committee 5.1.3 Functions of the Central Authority 5.1.4 National Legal Aid Fund

5.2 State Legal Services Authority 5.2.1 Constitution of State Legal Services Authority 5.2.2 Functions of the State Authority 5.2.3 High Court Legal Services Committee 5.2.4 State Legal Aid Fund

5.3 District Legal Services Authority

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5.3.1 Functions of District Authority 5.3.2 District Legal Aid Fund.

5.4 Taluk Legal Services Committee 5.4,1 Functions of Taluk Legal Services Committee

6. Lok Adalat 6.1 Lok Adalat- Meaning and Significance as an ADR 6.2 Organisation of Lok adalats 6.3 Constitution of Lok Adalat 6.4 Jurisdiction of Lok Adalat 6.5 Cognizance of case by Lok Adalat 6.6 Award of Lok Adalat

7. Speedy Trials 7.1 Right to Speedy Trial 7.2 Justice delay is Justice Denial 7.3 Magnitude of pending cases 7.4 Possibility of fixing duration for trial 7.5 Introduction of evening court 7.6 Introduction of Gram Nayayalaya

8. Legal Aid Clinic 8.1 Survey of Legislative Enactments, Leading Case, Law Reports, Manuals, Digests

Law 8.2 Journals, Periodicals and other Legal Documents. 8.3 Use of Computers and Audio-visual means in Legal work. 8.4 Participation in Lok Adalat and Legal Aid Camps 8.5 Writing of case Comments and Dissemination of Legal Literacy 8.6 Participation in moot court - Compulsory

Suggested Reading:

Ajay Gulati & Jasmeet Gulati; Public Interest Lawyering, Legal Aid and Para Legal Services, Central Law Publications, Allahabad. Sangeeta Monika Ahuja, Public Interest Litigation in India, Oxford University Press, 1996 S.S. Sharma, Legal Aid to the Poor. Suajn Singh, Legal Aid-Human Right to Equality, Deep & Deep Publications, 1996 Cases and Materials on Legal Aid and Para legal Services Edited by V. Nagraj, National Law School of Indian University, Bangalore, 1996 P.C. Juneja, Equal Access to Justice, The Bright Law House, Rohtak, 1993

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Mamta Rao, Public Interest Litigation, Legal Aid and Lok Adalat, 3rd Ed. 2010, Eastern Book Co., Lucknow Dr. Kailash Rai. Public Interest Lawyering, Legal Aid and Para Legal Services, Central Law Publications Shukla V.N, The Constitution of India, Eastern Book Company, Lukhnow Dr. Krishna Pal Malik, Gram Nayayalya Act, 2008, 1st Ed. 2008, Allahabad Law Agency, Faridabad Mamta Rao : Public Interest Litigation, Legal Aid and Para Legal Services, II Ed. (2003), Eastern Book Co. Lucknow Justice PS Narayana, Law Relating to Lok Adalat, Asia Law House Sirohi JPS : Public Interest Lawyering, Legal Aid and Para Legal Services, Allahabad Law Agency

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Lesson Planning

Date Topic Reference Name of the faculty

Lecture Serial No.

3/2 Meaning,

Nature and

Scope of

Public Interest

Lawyering

Notes,

notified Text

Book

PP 1.

3/2 Discussion of

various clinical

exercises,

preparation of

questionnaire,

suggestions

RM 2-5

10/2 Concept, origin and development of PIL

Notes,

notified Text

Book

PP 6

10/2 Legal Literacy

Camp (visit to

a village by all

the students)

RM 7-10

17/2 PIL and Rule

of Locus

Standi

Notes,

notified Text

Book

PP 11

17/2 Legal Literacy

Camp (visit to

a village by all

the students)

RM 12-15

24/2 Contribution

of Mr. M.C.

Mehta in

Notes,

notified Text

Book

PP 16

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development

of Public

Interest

Litigation

24/2 Legal Literacy

Camp (visit to

a village by all

the students)

RM 17-20

3/3 Various facets

of PIL

Notes,

notified Text

Book

PP 21

3/3 Legal Literacy

Camp (visit to

a village by all

the students)

RM 22-25

10/3 Meaning,

Need and

Significance of

legal aid

Notes,

notified Text

Book

PP 26

10/3 Police Station

visit by all the

students

RM 27-30

17/3 Provisions for Legal Aid under the Cr. P.C and C.P.C

Notes,

notified Text

Book

PP 31

17/3 PIL drafting RM 32-35

24/3 Criteria and Entitlement to legal services

Notes,

notified Text

Book

PP 36

24/3 Lok Adalat RM 37-40

31/3 Legal Services

Authorities

Notes,

notified Text

PP 38-41

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Book

31/3 Jail visit by all

the students

RM 42-45

7/4 Lok Adalat- Meaning and Significance as an ADR

Notes,

notified Text

Book

PP 46

7/4 Research

Report on PIL

in High Court

of Gujarat

RM 47-51

14/4 Right to Speedy Trial

Notes,

notified Text

Book

PP 52

14/4 Research

Report on PIL

in High Court

of Gujarat

RM 53-56

Internship ---

26/5 Introduction

of evening

court And

Gram

Nayayalaya

57

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MSE (Component weightage 0.10)

SEE (Component weightage 0.10)

Term Assignment (Component weightage 0.20)

Clinical component (Component weightage 0.60)

Sr. No.

Nature of Clinical Exercise Weightage

1. Jail visit 0.10 2. Police Station visit 0.10 3. Legal Literacy Camp 0.10 4. PIL Drafting 0.10 5. Lok Adalat 0.10 6. Research report on PIL in High Court of Gujarat 0.10

Detail of the clinical exercise is given in the Clinical Diary