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| VI. LEGAL AID TO THE PRISONERS |
| 1. Cases in High Court |
| Legal aid to prisoners is one of our main
objectives. Convicted prisoners need legal aid for appeal, bail,
;parole and furlough in high Court. There are three ways of helping
the prisoners in regard to legal aid. The first step is after receiving
a request from the prisoners we pay home visits to assess if the
family is capable of engaging a lawyer or not. Workers also find
out whether the family has engaged any lawyer for the case. There
are families who have already engaged a lawyer and do regular follow-up.
So there is no need to take up such cases. But there are some families
who have already engaged a lawyer but are incapable to keep a regular
follow up with the lawyer and inform the prisoner about the progress
of his/her case. In such cases, the social workers act as a liaison
between the prisoners, his family and the lawyer. |
After paying home visits, we come to know that
some are not capable of engaging any lawyer of their own. Then we
guide and support them to avail legal aid through the Legal Aid
Committee. The worker writes applications and does a regular follow
- up with the concerned lawyer engaged through the Legal Aid Committee.
In these cases, we also assist the lawyers in acquiring the necessary
documents and information required in the case. There are many such
prisoners who have already availed of a lawyer from the Legal Aid
Committee. But they are not aware about the developments of their
cases in the respective court. So the workers pay visits to the
courts and contact the concerned lawyer and inform the prisoners
about the same. |
| There are some prisoners who cannot afford
private lawyers and neither do they want to avail of the legal aid
facilities from the Committee. A network of lawyers has been developed
in the High Court who is willing to take up cases referred by VARHAD.
They are paid a fixed honorarium ranging from Rs. 500-2000/- depending
on the type of case. Besides this, we also pay for the documentation
expenses incurred in the cases. The workers also keep a regular
follow-up with these concerned lawyers. And the prisoners are informed
about the development and status of their cases in the court.This
year we have also received requests from the convict prisoners to
assist them in regard to their cases in the Supreme Court, It is
not possible for us to frequently visit the Supreme Court. Help
extended in such cases is by keeping a follow-up with the lawyers
of the Supreme Court. our workers interact with the concerned lawyers
through telephone. And if necessary, the required documents are
mailed to the lawyers. Applications are written by the workers to
avail of lawyers from the Supreme Court Legal Aid Committee or the
personal lawyers, if any. |
| CASE - 1 |
| Durga aged 35 years was imprisoned in the
prison as an undertrial prisoner u/s 302 of IPC. She was living
with her husband and four children and in - laws in a village in
Amravati District. There were three co-accused along with her booked
for the offence. As per her version they were falsely booked in
the case due to neighborhood enmity. After their arrest in the case
she had shifted the children to her fathers home. They did not have
any support in the direct family to look after their legal requirement. |
| There case was pending in session court for
trial. Then a home visit was paid to assess the situation in the
family. Then we come to know that her father is helping them for
their court matter. Her father had already engaged a lawyer for
trial. And the amount was fixed as rupees 15000/- for the entire
trial for both of them. He was landless labor and no other source
of income. Poverty forced him to sell 4 of his goats to give the
first installment of rupees 5000/- to the lawyer. The lawyer denied
attending further proceeding unless paid the remaining amount. Then
he was looking for other alternatives and to engage other lawyer
in minimum fee. The lawyer had already attended the trial procedure
and well known about the case. Engaging other lawyer at that time
would have negative effects on the trial. |
| The father was decided to sell their house
to make arrangement for payment of the advocate. Then the social
worker intervenes in the case. The worker had discussion with the
lawyer about the case and their inability to pay the remaining fees.
The proposal to pay honorarium by VARHAD was kept before the lawyer
for the remaining trial procedure. The amount was reduced with our
intervention. And we paid the minimum amount for the trial as a
legal aid. Then the lawyer attended the remaining trial procedure
without asking money from the relatives of the client. After trial
the court acquitted all the accused. Thus timely intervention in
the case save selling of the house, which was the only property,
they own. They were properly defended acquitted for the charge of
murder. Now they are happily living with their children in the village. |
| 2. Cases in Lower Courts |
| In the prison, there are prisoners in the
age group of 18-25 years. They are arrested under various sections
related to theft and property like u/s. 379 380, 392, etc. I.P.C.
Many of them have against them more than two offences of the same
kind and the police consider them as habitual. A number of such
cases, our social workers have counseling sessions in prison on
a regular basis. If there is any chance of reformation visible,
then the workers take up their cases for legal aid and mobilize
resources for their release. Many a times, the offenders having
such a background are able to mobilize their own resources for release.
But these resources for their release. Many a times, the offenders
having such a background are able to mobilize their own resources
for release. But these resources are not from reputed sources so
they end up paying large amounts. Later, to repay back these amounts,
they commit another offence. Thus, the offenders who are desirous
of getting out of the crime path and to prevent them from getting
into the wrong association, we provide legal aid to them. We have
a network of lawyers in many lower courts in the district of Amravati
who take up such cases referred by us. |
| 3. Sessions Court Cases |
| The third categories of under trial prisoners
with whom we are working are those arrested under charges of committing
serious offences. Their cases are pending for trial in Sessions
Courts. They are arrested u/s. 302, 306, 307, 498, etc. I.P.C. Amoung
these, are also cases of young boys who have eloped with monor girls
and have been arrested u/s. 376, 363, IPC, etc. there are also under-trials
booked u/s. 395, 397, 398, 399, IPC and under NDPS, MCOCA. They
are mostly habituals and it is difficult to reform such persons.
We are quite cautious in taking up such cases. Until we have appropriate
information about the cases, other details about the under-trial
and his family, we do not taken up the cases until we are ourselves
convinced after a proper analysis of them. |
| Majority of the prisoners in this category
are from rural areas. Around half of the population u/s 302 I.P.C.
are charged for the murder of their wives. Many of them are also
charged for dowry and harassment i.e. u/s. 498 (a) I.P.C. In some
case, the murder has been committed due to a dispute over some property
matters, and sudden provocation is a reason for the offence. There
are cases where nearly all the members of a family are arrested
due to the dying declaration of a person in domestic violence cases
or where there was some enmity in regard to property matters, ancestral
recovery, political clashes, etc. Very few prisoners of such cases
are having a previous criminal record. |
| Majority of such undertrials booked for serious
offences are poor and less educated. Many people from the tribal
areas are also arrested, as their family is unaware about the legal
procedure. Many of them do not understand the difference between
an undertrial and a convict. As soon as we receive request from
such a prisoner we pay home visits to assess the situation. We also
find out the impact of their imprisonment on the family. The workers
extent support to children wherever the need is observed. Then details
of the case are found to chart our future plan of action. Here also
we provide legal aid and guidance as it is done in regard to the
convict prisoners. VARHAD has developed a good network of lawyers
in the Sessions Courts of Amravati district. Legal aid is provided
to avail of bail for cases in Sessions. Court. Emphasis is given
on providing competent lawyers for trial in the Sessions Courts.
Family resources are also mobilized so as to help in providing legal
aid for bail and trial. |
| VARHAD has developed a new strategy for provision
of legal aid for trial cases of Sessions Court. If the family wants
to engage a competent lawyer for the trial but cannot afford to
pay the fees for the same then we intervene in such cases. We contact
the concerned lawyer whom the family is interested in appointing
for handling the trial case and request him/her for a reduction
i their fees for the particular case. Then the family and VARHAD
jointly pay for the decided amount, which is very minimum. Thus
the prisoner get a competent lawyer for a minimum payment and VARHAD
is able to assist them through the provision of legal aid. |
As per our observations, majority of the convictions
in serious cases especially from rural areas is due to incompetent
lawyers handling the cases during the trial stage. Thus, our workers
also keep a regular follow-up with lawyers already engaged through
Legal Aid committee. Our main objectives while working with this
group is to provide the most suitable resources to prisoners for
his defense. A few lawyers have even extended free legal aid on
getting to know that the money would be given by the organization. |
| Number of undertrial cases handled for legal
aid in Lower Courts & Sessions Courts |
Court |
Lower Court |
Session Court |
Total |
| Legal aid VARHAD |
24 |
54 |
78 |
| Follow up with lawyers (Legal aid committee & personal) |
16 |
40 |
56 |
| |
40 |
90 |
124 |
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| Number of cases assisted for legal
aid in High Court & Supreme Court |
Activity |
No of cases |
| Legal aid through VARHAD in High Court |
43 |
| Support to avail lawyer from High Court Legal aid Sub-committee. |
14 |
| Follow up with lawyers in High Court (Personal & Legal Aid) |
51 |
| Follow up with lawyers in Supreme Court through telephone |
05 |
Total Cases |
113 |
| CASES -2 |
1) Nilesh, presently 25 years of
age is leading a simple life by working as a worker. As compared
to his simple present life is his past has been quite difficult. |
He was a resident of a slum area
living with his family. He got addicted to alcohol at a very young
age and got into the wrong company of young boys of his area. And
they would steal and sell iron articles, forcibly demand money from
other boys, etc. The type and extent of crimes increases as per
his age. He was first arrested in regard to a quarrel case and thereafter
there was continuous flow of cases being field against him and his
repeated arrest and release from the prison was on. |
Nilesh's family also was quite
troubled due to this and they had given up all hopes in him. They
did not want to get him out of prison, as he would again be a trouble
to the family. During our home - visit to the family our workers
on hearing all details about Nilesh and the family, tried to counsel
the family members to take certain steps, which could be in the
best interests of Nilesh. The final result of all this was that
the family was ready to get Nilesh out on bail. |
After coming out on bail, we observed
that Nilesh was not making any efforts on his part to improve himself.
But we continued to try from our end by keeping a close follow-up
through regular visits and counseling. One day, over a minor tussle
with somebody, he was arrested again. This disappointed our workers
who were handling this case. Despite that, our efforts continued
but the magistrate was unwilling to let him out due to his past
crime record. |
During this time, his brother was
murdered due to some minor quarrel, but this was not informed to
Nilesh as the news would affect him negatively. But he had to be
taken out to attend the last rites of his brother. For this, our
workers had to run about for one full day in getting the order and
finally taking Nilesh out to attend the last rites of his brother. |
After this incident, it was observed
that Nilesh seem quite depressed and continuously pleaded to our
workers to get him out of prison, But the workers were doubtful
as he could again get into some case while trying to avenge his
brother's death. A similar appeal for his release was expressed
by his family members also who would visit our office regularly.
Finally, we also took a decision and helped him get out on bail. |
After his release from the priosn,
Nilesh visited our office where he was well counseled. For continuous
six months, we kept a close follow-up with him and now he is leading
a normal life with no negative involvement. Occasionally, we do
keep a follow-up with him. |
2) Shanti, aged 20 years and her
parents were arrested u/s. 307, 498 (A) IPC. She was married to
her sister-in-law's (brother's wife) brother. But due to his addiction
to alcohol and irresponsibility towards the family and harassment
she left her husband and came to live with her parents. She was
residing along with her parents in a separate room next to her brother's
room. Shanti's sister-in-law would constantly taunt her in regard
to her staying away from her husband and being dependent on her
parents. There would be regular quarrels between the two. |
One day, after such a similar quarrel,
shanti and her mother left for work in the fields as usual. But
the sister-in-law decided to avenge her anger against the two. So
she ;poured kerosene on her hand and burnt herself. Shanti's father
who was in the house as well as her brother came to save her. In
the process, her brother's hand also got burnt. The sister-in-law
was then admitted into the hospital for treatment. During the police
enquiry, the sister-in-law gave her statement that due to the constant
harassment by Shanti and her parents she was forced to take such
a step. So Shanti, her mother and father were arrested and later
in the prison, they got in touch with the VARHAD workers. |
| After a home-visit and acquiring
other details about the case and the family, it was clear that there
was no one who could even bail them out. After some time the husband
of Shanti's cousin was willing to bail them out, but he would need
some help from VARHAD. So her request to our workers was to go and
meet him and find out what sort of help or guidance he would require.
Our workers had to initially find out a suitable lawyer to take
up this case. One lawyer out rightly refused to take up the case
on monetary grounds. After negotiating with 2- 3 lawyers, one lawyer
finally took up the case. We had given legal aid for bail in the
session court. The session court granted bail for the client and
she is release from the prison on bail. Now she is in regular touch
with our workers.After her release from the prison the workers paid
regular home visit. Then she was willing to attend our rehabilitation
center and continue training she was attending in the prison. She
is supported for training in the center and traveling expenses is
paid to her to attend the training.
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| CASE -3 |
Seema, aged 22 years hailed from
a poor family, whereby she had to compromise in regard to her married
to a widower who had a child, Rita, aged 18 years. Rita was suffering
from 'kode' (white patches on the skin) and the scars of the disease
increased as per her age. She was studying in 12th standard and
her paternal aunt was interested in getting Rita married to her
son.. But the aunt kept hesitating and postponing due to the scars
of the disease and this was effecting Rita mentally. |
| One day when Seema had gone for
some work into the village, Rita was in the room above their dhaba.
Considering that Rita must be studying in the room as usual, she
was not about with her work. On returning back and not seeing Rita,
she went about with her work. On returning back and not seeing Rita,
she called out for her, but did not get any response from the above
room. So she went to see as to what could the matter be. On opening
the door, she found the body of Rita hanging from the ceiling rod
of the room. Later, 2-3 days after Rita's death, Seema and her husband
were arrested for the murder of their daughter. This was on the
basis of the complaint lodged by the paternal aunt of Rita that
Seema and her husband would physically and mentally harass Rita
a lot due to which she had taken the severe step of ending her life. |
| The financial condition of Seema's
parents was quite poor even though they were willing to bail her
out. Her father had approached 2-3 lawyers to take up the case at
a nominal fee rate, but it was difficult getting such a lawyer.
Even after our intervention in the case, it was not an easy task.
After putting in efforts to convince the lawyers, and getting the
required documents for the bail procedure, etc. we were successful
in getting Seema and her husband finally out on bail |
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