National Law University, Delhi Submitted by Sector - 14, Dwarka, New Delhi - 110 078, India Phone : +91 11 2809 4992, Fax : +91 11 2803 4254 Dr Jeet Singh Mann www.nludelhi.ac.in Associate Professor of Law, National Law University Delhi Final Report of the Research Project Under The University Grants Commission Research Award 2012-14 on Impact Analysis of the Legal Aid Services Provided By the Empaneled Legal Practitioners on the Legal Aid System in City of Delhi Submitted by: Dr Jeet Singh Mann Associate Professor of Law, National Law University Delhi Ref. No.: F-30-1/2013 (SA-II) RA-2012-14-GE-DEL-1376 Dated: 17 March 2017 Preface The Right to legal aid services, across the globe, have been recognised an integral part of human rights and fundamental rights. The international instruments and municipal statutory instruments have shaped the Apparatus of legal aid service. The Judiciary have been in the forfront in promoting free legal aid services to poor people, who cannot afford to engage a legal practitioner to protect this interests in courts. Providing right to access to speedy and economical justice for the downtrodden strata of the society is one of the main mandates of such legal aid services. The question that is haunting each one of us is “How far have the services of legal aid efficiently been provided by the legal aid counsels empaneled and whether the beneficiaries of the legal aid services are really satisfied form the quality of services provided by the Legal Aid Counsels (LACs)? The present empirical research on legal aid services delivered by the LACs has been carried out under the University Grants Commission Research Award 201-14. The said research has focused on two broad parameters of commitments and competency of the LACs for the low quality of services and lack of trust over the services by the beneficiaries of legal aid services. This empirical research has evaluated the professional skills such as arguments, articulation, and drafting skills of the LACs for delivering legal aid services. The research has also taken into account some parameters concerning the commitments of the LACs toward the mandate of legal aid services system. Assessment of the competency and commitments of LACs have been done on the basis of feedbacks from the interested stakeholders such as judicial officers dealing with legal aid cases, the beneficiaries of the legal aid services, the regulators of the legal aid services, and women respondents, who were entitled to free legal aid services but opted for the paid services of private legal practitioners. Despite lots of difficulties concerning access to courts, judges and other authorities, researcher managed to collect primary data from 702 beneficiaries of legal aid services; 173 judicial officers dealt with legal aid cases in civil and criminal subject matters; 11 Regulators (member Secretaries) of the Delhi Legal Services Authorities (DLSA) in Delhi High Court Legal Services Committee; 174 Legal Aid Counsels (LACs); and 1039 women at Special Courts and family courts, who were eligible but did not opt for the legal aid services for their disputes, during Dec 2014 and Dec 2015, from 11 Districts and Delhi High Court in Delhi. This research is a reflection of the valuable inputs on the commitments and competency of the LACs from judicial officers, the LACs, regulators, beneficiaries and women respondents of special category of respondents. The researcher besides collecting primary data has also witnessed the proceedings in civil and criminal courts in those cases in which LACs were involved. This research has also highlighted the difficulties faced by the major stakeholders of the legal aid system in Delhi. Further, this research endeavour has also made some viable solutions to overcome hindrances and to promote the quality of legal aid services. The Final Report of the Empirical Research on the issue is also being forwarded to the policy makers on legal aid services such as the Ministry of Law and Justice, National Legal Services Authority (NALSA), DLSA and other concerned agencies for promoting quality legal aid services across the State. It is very pertinent to recognize and respect the contribution made by various professionals in conducting the said empirical research. The researcher is of the firm believt that this research assignment would not have been possible without the support and encouragement of some judicial officers, regulators, beneficiaries and LACs. Researcher is very grateful to the honorable Executive Chairman of the Delhi State Legal Aid Services Authority (DSLSA) Hon’ble Mr. Justice Badar Durrez Ahmed, Judge Delhi High Court, and other Hon’ble judges of the Delhi High Court for their support and guidance in conducting this empirical research in Delhi High Court and 11 District Courts in Delhi. This research would not have seenffectively completed without the encouragement and blessings of then Session and District Judges of all the Districts and judicial officers in civil and criminal courts in Saket, Rohini, Tis Hazari, Karkardooma, Dwarka, and New Delhi court complexes in 11 Districts Courts. Due to confidentiality of the details of the 173 judicial officers in these courts is not being mentioned over here. Despite their hectic schedule, interacted with and provided valuable inputs on the competency and commitments of the LACs. Research team is also obligated to 174 empaneled Legal aid counsels in civil and criminal law panels in 11 districts courts, for providing valuable insight into the functioning of the legal aid services in the Universe of the research. This research is also thankful to then Member Secretary of NALSA, Ms. Asha Menon Member Secretary DSLSA, Mr. Dharmesh Sharma, and then Member Secretary of Delhi High Court Legal Services Committee Mr. Sanjeev Kumar Malhotra. Researcher is also highly indebted to the Member Secretaries of the Districts Legal Services Authorities (DLSAs) such as Mr. Arul Verma, Mr. Purshotam Pathak, Mr. Amit Arora, Mr. Hariyot Singh Bhalla, Mr. Jay Thareja, Mr. Lovleen, Mr. Samar Vishal, Mr. Hem Raj, Mr. VK Jha and Mr. Anuj Agrawal, for supporting the endeavors of research team in collecting primary data from the beneficiaries, the LACs and regulators in their respective districts. Further, this research is also beholden to Prof Ranbir Singh, Vice Chancellor of NLU Delhi and Prof G S Bajpai, Professor, NLU Delhi in supporting and relieving the researcher from all academic assignments during the course of the said research. Finally, this research is also thankful to all those professionals, who have directly or indirectly supported the endeavours of conducting and compiling the final report for the research. Dr. Jeet Singh Mann The UGC Research Awardee in Law 2012-14 Ref. No.: F-30-1/2013 (SA-II) RA-2012-14-GE-DEL-1376 Date: 07 March 2017 Contents Preface iii List of Abbreviations vii List of Data Tables ix Chapter-I Introduction of the Research Plan 1 1.1. Introduction 1 1.2. Review of Literature: Scrutiny of the Existing literature 2 1.3. Statement of the Problems: 4 1.4. Objectives of the Research: 4 1.5. Hypotheses: 5 1.6. Operational Concepts for the Research: 5 Main Variables for the Research: 6 1.7. Research Design: 7 1.7.1. Universe for the Research 7 1.7.2. Research Methods 7 1.7.3. Sample Design 8 1.8. Data Processing: 10 1.9. Utility of the Research for the promotion of Legal Aid Services 10 Chapter-II Legal Aid System in India 11 2.1. Introduction: 11 2.2. Historical Development of Legal Aid services: 12 2.3. International Instruments recognizing Legal Aid Services: 14 2.4. Constitutional Instruments Regulating Legal Aid Services in India: 16 2.5. The Statutory Parameters of free legal aid services in India 17 2.5.1. The Criminal Procedure Code, 1973 17 2.5.2. The Civil Procedure Code, 1908 18 2.5.3. The Legal Services Authorities Act, 1987 18 2.5.3.1. National Legal Services Authority (NALSA) 19 2.5.3.2. Supreme Court Legal Services Committee: 19 2.5.3.3. State Legal Services Authority: SLSA: 20 2.5.3.4. District Legal Services Authority: DSLA 21 2.6. Eligibility criteria under the Free Legal Aid Scheme 21 2.7. Amplitude of the free legal aid services: 22 2.8. Empanelment/Appointment of the LACs: 23 2.8.1. Process for the Appointment of Legal Aid Counsels 24 2.9. Payment of the the Honorarium to the LACs: 24 2.10. Measures for the Accountability the of LACs: 25 2.10.1. Accountability of Legal Aid Counsels: Monitoring 25 Chapter III Role of the Judiciary in the Promotion of Legal aid services 29 Chapter IV Analysis of the primary data collected from the beneficiaries of Legal aid services 33 Chapter V Feedbacks from the Women, who were entitled to free legal aid services, but did not opt for legal aid services 83 Chapter VI Analysis of Data collected from the Regulators of the Legal Aid Services 93 Chapter VII Feedbacks from the judicial officers at Districts Courts & Judges at Delhi High Court 121 Chapter VIII Feedbacks from the Legal Aid Counsels 155 Chapter IX Assessment of the Competency and Commitments of the LACs 183 Chapter X Findings and Recommendations of the Research 196 Bibliography 219 Annexures: Questionnaires 225 List of Abbreviations 1. AIR: All India Reporter 2. Beneficiaries: Beneficiaries of Legal aid services 3. CJI: Chief Justice of India 4. CPC: Code of Civil Procedure 5. Cr PC: Code of Criminal Procedure 6. DHC: Delhi High Court 7. DHLSC: Delhi High Court Legal Services Committee 8. DLSA: District Legal Services Authority 9. DSLSA: Delhi State Legal Services Authority 10. Judicial officers: Judges in Civil and Criminal Courts in District Courts 11.