Tag Archive | United News of India

Soumya Vishwanathan’s Employer Fined Rs 250 – By Mukesh Jhangiani

                                                                                                                              March 26, 2009

Soumya Vishwanathan’s Employer Fined Rs 250

By Mukesh Jhangiani
United News of India

New Delhi (UNI) – Four months after a woman journalist was found shot in her car in the dead of night, her employer paid a Re 250 fine for breaking the Capital’s work hour norms.

TV journalist Soumya VishwanathanShot in dead of night (Photo: Mid-day.com)

The quantum of fine for the sort of violation incurred in Soumya Vishwanathan being at work till 3 am, some half an hour from a killer bullet, was set in the 1950s, shortly after India gained freedom.

Section 14 of the Delhi Shops and Establishments Act 1954 outlaws any establishment allowing women to work between 9 pm and 7 am in summer and, 8 pm and 8 am, in winter.

”Any contravention… shall on conviction, be punished with fine which shall not be less than twenty-five rupees and which may extend to two hundred and fifty rupees,” Section 40 of the Act says.

Indian governance– no matter the political label– has let it remain, notwithstanding the fall in Rupee’s buying capacity, the changing values or conditions, the state of security and the level of law and enforcement half a century thence.

”It’s one of the outdated provisions,” V V Giri National Labour Institute researcher Sanjay Upadhyaya acknowledged in an interview with United News of India Special Correspondent Mukesh Jhangiani.

On September 30, 2008, Ms Vishwanathan, 26, left her place of work at 03:02 am, say police, who got word of the incident at 3.41 am.

Greeting the news of the arrest of her alleged killers some six months later her mother, Madhavi Vishwanathan, remarked: ”It’s unfortunate that another murder had to take place.” She was referring to the murder of Jigisha Ghosh, 28, killed last week returning home from work.

The Soumya Vishwanathan murder sparked a debate over a young woman driving home from work unescorted at such hours.

Delhi Chief Minister Sheila Dikshit’s reported remark that ”one should not be adventurous” shocked even admirers of a woman CM. It contorted a serious issue, critics said.

”The girl is being blamed for driving home late after work,” fumed Sudha Sundararaman of All India Democratic Women Association.

She said the Chief Minister should instead be ”finding out how this happened and looking at ways to strengthen the city’s security set-up.”

Angry netizens pointed out that a chief minister responsible for law and order must make the city safe and secure for residents.

One, G Sriniwasan, remarked: If Shiela has her Z security removed and has to work to earn a living possibly she will change her tone.

Chief Minister of Delhi

Delhi Chief Minister Sheila Dikshit (Photo: Wikipedia)

Ms Dikshit acknowledged in a published interview that ”travelling at three in the morning is not a safe thing for anybody to do… even for boys.” She said, ”Companies employing young girls and boys 24 hours for that matter should provide escort for the safety of our girls and boys.”

Section 14 says ”no young person, or woman shall be allowed or required to work whether as an employee or otherwise in any establishment between 9 pm and 7 am during the summer season and between 8 pm and 8 am during the winter season.”

The Delhi government exempts employers who make workplaces ”secure and safe” for employees and provide them ”door to door pick-up and drop facility.”

Two weeks after the murder, New Delhi newspapers published her ‘Appeal’ reminding employers of exemption available ”subject to the safety and security of the women.”

But in a society where jobs are scarce and law enforcement scarcer– barely six per cent conviction rate for even heinous crimes– what happens when an employer does not obtain exemption ?

The city’s Shops and Establishments Chief Inspector filed a complaint naming the employer, Managing Director Aroon Purie, and the establishment, M/s TV Today Network, as accused no. 1 and no. 2.

K R Verma submitted that Ms Vishwanathan, working as producer with ”the aforesaid Management/Employer, met with an accident on her way home after leaving from work at 3.02.54 AM.”

The work attendance sheet showed that late Ms Vishwanathan and some other women employees ”worked during the hours prohibited under the Act,” the complaint said.

It said the management having ”not been granted any exemption” for Section 14, ”the employer committed an offence by violating the provision… and is liable to be punished” under section 40.

It prayed ”that the accused be summoned, tried and… punished according to law.” A lawyer for Purie urged the court to ”dispense with” his client’s personal appearance, saying he was ”falsely implicated” and ”impleaded for malafide reasons.”

Advocate Sushil Dutt Salwan pointed out that his client was ”a Padma Vibhushan Awardee” and ”not involved” in the company’s day to day administrative affairs.

On February 19, before Special Metropolitan Magistrate Javed Aslam at Karkardooma, the accusation was explained to a company executive, Puneet Jain, to which he pleaded guilty voluntarily.

Each accused was fined Rs 250 which was paid.

But if penalty is intended to deter violations then a Re 250 fine in 2009, specially when it is not reported by mass media, amounts to little, experts acknowledge.

The order is not even on the internet notwithstanding Rs 854 crore of Indian taxpayer money the Law and Justice Ministry is spending on computerising courts and judgements or orders.

In a newspaper interview as early as December 2002, Verma’s predecessor, M K Gaur, had warned that call centres faced prosecution unless they complied with law.

Incidents involving women employees returning home from call centres at odd hours show the inadequacy of deterrence at work.

Experts agree there is dire need for clear laws, with strong deterrence in terms of mandatory punishment not just for violations, but for any lapse in enforcement at any level.

The 1954 Act regulating work hours, pay and so on is one of two dozen laws on matters ranging from minimum wage to gratuity the city’s understaffed Labour Department enforces.

While commercial activity has mushroomed, hogging even space meant for homes and street traffic, law or its rule have yet to catch up.

The Department neither knows how many units do business in the National Capital Territory– having stopped counting two decades ago– nor makes inspections provided in law to catch offenders.

Asked by UNI in September 2008– just weeks before the murder– how many shop owners were prosecuted under the Act in the last three years, the Department replied: ”Nil.” But experts indicate more bad news– a trend gradually excluding more and more employees from the protective coverage of labour laws.

Upadhyaya cites the ”reversal” of a theory of notional extension of employers’ premises upheld in Supreme Court Judge S Jafer Imam’s judgement of April 28, 1958.

Recent apex court judgements– September 1996 and November 2006– do not appear to subscribe to the principle, he says, stressing the need for a ”more worker centric” approach by judiciary.

UNI MJ

Chinese Help Sought For Sailors’ Release – By Mukesh Jhangiani

                                                                                                             October 8, 2008

 

Chinese Help Sought For Sailors’ Release

By Mukesh Jhangiani
United News of India

New Delhi (UNI) – The Chinese authorities were urged by an Indian woman today to help secure release of a Hong Kong-registered chemical tanker and its 22 crew members seized by Somali pirates in the Aden Gulf 24 days ago.

English:

(Photo: Wikipedia)

They said they would see what can be done to expedite matters, Seema Goyal, wife of Stolt Valor’s Captain, Prabhat Goyal, said in a telephone interview while she was on her way to Dehradun to be with her children.

Mrs Goyal met China’s Charge d’affaires in New Delhi, Ambassador Zhang Yan being away travelling.

The Japanese-owned tanker flying the Hong Kong flag was on way to Mumbai from Houston in the United States when it was hijacked in the Gulf of Aden on September 15.

The pirates demanded $6 million– subsequently pared down to $2 million– for letting the ship sail.

The tanker is carrying phosphoric acid and lubricant oil for end-users, including Kandla-based Indian Farmers Fertiliser Cooperative Limited.’ Besides 18 Indians, the crew includes a Russian, a Bangladeshi and two Filipinos.

Nine of 22 hostage crew members on board have taken ill waiting for freedom from Somali captors holding out for the ransom, relatives say.

The hostages have been running low on water and food.

On Monday, Mrs Goyal met a Japanese Embassy official in New Delhi in an effort to build up pressure on the ship’s Japanese owners to secure a quick end to the crisis.

Mrs Goyal and other members of the group have been meeting Indian authorities– ministers, senior bureaucrats, politicians– to bring home the urgency of securing the sailors’ release.

Experts say much of the initiative in the matter rests with authorities in Hong Kong, where the ship is registered, or Japan, where the owners belong.

On Tuesday, Mrs Goyal addressed a rally of seafarers unions in Mumbai and was handed a petition for Prime Minister Manmohan Singh, urging steps to ensure hostages’ safe return and preclude such acts.

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Ex-Hostage’s Wife Wants Laws Against Piracy Business ! – By Mukesh Jhangiani

                                                                                                                       July 6, 2011

 

Ex-Hostage’s Wife Wants Laws Against Piracy Business !

By Mukesh Jhangiani
United News of India

New Delhi (UNI) – Indian authorities were urged today to enact clear laws– as well as enforce them– to regulate merchant seafaring, including hiring of sailors and allowing or requiring armed guard to protect vessels against pirates.

Gulf of Aden

Gulf of Aden (Photo: Wikipedia)

”Otherwise this piracy business will go on thriving,” Sampa Arya, whose husband Sandeep Arya was among Indian sailors aboard merchant vessel Suez released after a reported US$2.1 million payoff to Somali pirates, told journalists.

The racket has grown 177 per cent in just one last year, Mrs Arya claimed, drawing presumably on internet data.

She was accompanied by relatives of six Indian sailors in the captivity of Somali pirates aboard another merchant vessel called Iceberg.

The seamen captive aboard MV Iceberg: Jaswinder Singh of Haryana, Dhiraj Tiwari, Ganesh Mohite and Swapnil Jadhav of Maharashtra, Santosh Yadav of Uttar Pradesh and Shah Ji Kumar Purshotanam of Kerala.

Former Subedar Major Purshotam Tiwari said his son and five others from India were hostage for the past 16 months. He had sought the help of the Shipping, External Affairs, Home Affairs and Defence Ministries as well as the Chief Ministers of Maharashtra and Bihar. He had even drawn the attention of Lok Sabha Speaker Meira Kumar, Prime Minister Manmohan Singh and President Pratibha Patil, all without much avail.

Mrs Arya criticised what she suggested was a ”passive” government approach to the issue of sailors taken hostage for ransom.

The reported US$2.1 million came from MV Suez owner Abdul M Mathar of Egypt and a welfare trust run by former Pakistani Human Rights Minister Ansar Burney who also helped negotiate.

”It was with Ansar Burney’s help that we managed to negotiate with the pirates,” an Indian online outlet quoted Mathar as saying.

Experts say Somalis have been targeting mostly ships flying Flags of Convenience, which typically have budget constraints, are ill-equipped, and thus easier to overwhelm.

Merchant ship owners often register their vessels in a foreign sovereign State to reduce operating costs and avoid regulations in force in their own countries.

English: GULF OF ADEN (March 22, 2009) The Amp...

Counter piracy effort – Amphibious assault ship USS Boxer and aircraft carrier USS Theodore Roosevelt transit the Gulf of Aden (Photo: Wikipedia)

The term Flag of Convenience in use over half a century pertains to the civil ensign a ship flies to indicate its country of registration under the laws of which it operates.

The idea caught on and by the late 1960s Liberia surpassed Britain as the world’s largest shipping register.

More than a dozen States currently operating ‘open registries’ are reported to have sub-standard regulations.

More than half of the world’s merchant ships are registered under Flags of Convenience, with Panamanian, Liberian and Marshallese registries accounting for almost 40 per cent of the world fleet in deadweight tonnage.

A key criticism of the system is it lets shipowners be legally anonymous and difficult to prosecute in civil and criminal actions.

Such ships are also alleged to be engaged in crime ranging from illegal fishing to terrorism, offer substandard wages and working conditions and targeted for special enforcement by countries they visit.

But given the level of unemployment and state of regulation in developing countries such as India finding sailors is hardly a problem.

Complicating the situation over the past half a dozen years has been the Gulf of Aden, where a war-torn Somalia, without a functioning government since 1991, has turned into a hotbed of piracy.

Article 101 of Law of the Sea convention 1982 defines piracy as any illegal act of violence or detention or depredation committed for private ends by the crew or passengers of a private ship on the high seas against another ship or persons or property on board such ship.

But experts say it does not cover all cases of piracy.

”The Somali situation does not seem to strictly qualify as piracy under the Law of the Sea convention 1982,” says former additional director general of Shipping and nautical adviser J S Gill, adding that the wording ”may hamper charging a person as a pirate.”

A former chairman of the Delhi branch of the Company of Master Mariners of India, Capt Gill sees piracy as an exigency that ought to be linked to insurance, since it is underwriters who must eventually make good any losses to vessels or cargo.

Mariners interviewed say Somali activity has spawned a whole new mostly-Western industry for insuring vessels at risk with ever-increasing premiums.

That and other factors such as the data intelligence Somalis seem to possess or lawyers quick to rise to their defence on arrest suggest a new dimension– of an ‘organised under-world.’

Far from being sea pirates hunting for victims, they sometimes seem well-informed about their potential targets to the point of knowing for instance the cargo on board and the exact number of hands a vessel set out with, seafarers say.

Capt Gill who was present at the news conference said sailors in such captivity were often found to have taken employment through unlicensed agents.

”While the government may not be strictlly legally responsible for their employment they deserve basic humanitarian assistance as any citizen working abroad.

”Many victims or relatives,” Capt Gill said, ”do not know that the Director General, Shipping is statutorily entrusted to look out for Indian seamen in distress, irrespective of the source of their appointment, and must be persisted with.

”I believe the DG, Shipping and the MEA regularly press Embassies of the Flag States of the pirated ships.”

Mrs Arya stressed setting up a central agency to regulate seamen’s recruitment so as to help Indian aspirants steer clear of ships flying flags of convenience.

Experts say India has Shipping Masters at various ports supervising employment of merchant seamen and officers, but the system has eroded over the decades to a point that many seamen now find work without referring to it.

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9 Hostages Sick Aboard Seized Ship – Kin – By Mukesh Jhangiani

                                                                                                                October 7, 2008

9 Hostages Sick Aboard Seized Ship: Kin

By Mukesh Jhangiani
United News of India

New Delhi (UNI) – As many as nine of 22 hostage crew members aboard Stolt Valor have taken ill waiting for freedom from Somali captors holding out for a $2 million ransom, relatives said tonight.

The hostages, 18 of them Indian, have been running low on water and food in the captivity of Somali pirates who seized their Chemical tanker in the gulf of Aden on September 15.

Somali pirates in the 21st century (Photo: somaliareport.com)

Somali pirates in the 21st century (Photo: somaliareport.com)

In a telephone interview from Mumbai, Seema Goyal, wife of the tanker’s Captain, Prabhat Goyal, indicated ”no tangible headway” in the 23-day-old crisis.

She is visiting the key port city meeting Shipping officials– including Shipping Director General and Nautical Advisor M M Saggi– and addressing sailors’ unions and ”gathering support.”

Mrs Goyal, who addressed a rally organised by several seafarers unions, was handed over a petition for Prime Minister Manmohan Singh, urging steps to ensure hostages’ safe return and preclude such acts.

On Tuesday, she met a Japanese Embassy official in New Delhi in an effort to build up pressure on the ship’s Japanese owners to secure a quick end to the crisis.

The Japanese-owned tanker flying the Hong Kong flag was on way to Mumbai from Houston in the United States when it was hijacked in the Gulf of Aden on September 15.

The tanker is carrying phosphoric acid and lubricant oil for end-users, including Kandla-based Indian Farmers Fertiliser Cooperative Limited.’

Besides 18 Indians, the crew includes a Russian, a Bangladeshi and two Filipinos.

Mrs Goyal and other members of the group have been meeting Indian authorities– ministers, senior bureaucrats, politicians– to bring home the urgency of securing the sailors’ release.

They held a candle light vigil on Saturday night drawing attention to the seafarers’ plight.

The pirates had demanded $6 million– subsequently pared down to $2 million– for letting the ship sail.

Experts say much of the initiative in the matter rests with authorities in Hong Kong, where the ship is registered, or Japan, where the owners belong.

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Insure Indian Lawyers Against Clients’ Claims : New Law Mag – By Mukesh Jhangiani

                                                                                                                      September 26, 2007

Insure Indian Lawyers Against Clients’ Claims: New Law Mag

By Mukesh Jhangiani
United News of India

New Delhi (UNI) – Professional negligence insurance for lawyers and other such issues are highlighted in a new legal magazine, Halsbury’s Law Monthly, unveiled by Chief Justice of India K G Balakrishnan last evening.

When an advocate fails to provide competent services to his or her client (Photo: ethics-lawyer.com)

Insurance is intended to discourage practices and ways that hurt clients’ interests without much of a hope for them to recover losses, unless they have the stomach for protracted litigation– against their lawyer.

A Monthly piece stresses making professional negligence insurance mandatory in India, pointing out that it will make lawyers more vigilant and protect the clients’ interests.

Such measure can insure lawyers against claims for damages from clients who think the service received was not worth the fee given.

Speaking after unveiling a large-sized display of the magazine cover, Justice Balakrishnan spoke highly of the authoritative and reliable output of LexisNexis group which includes Butterworths, one of the largest legal publishers with over 180 years of history.

He said the publications were known for bringing out material which was a good source of reference professionals would like to possess and hoped the new magazine would live up to the publisher’s reputation.

”I hope the Monthly will maintain the high standards of Halsbury’s,” Justice Balakrishnan said.

LexisNexis’s Asia managing director John Atkinson told participants that the new venture would focus on such up and coming areas as outsourcing, retail, corporate and cyber laws and intellectual property.

The new publication is the publisher’s first in collaboration with Cybermedia, which already puts out nearly a dozen magazines.

LexisNexis also publish Halsbury’s Laws, The Malayan Law Journal, Mallal’s Digest, Laws of Malaysia, Hong Kong Cases and CaseBase.

Aalok Wadhwa, its managing director for India, said the magazine would orient readers to the growing potential of the corporate legal world in the current socio-economic environment.

In remarks afterwards, Atkinson told UNI that the group’s publications and efforts aim at promoting transparency and efficiency in legal affairs.

He cited how LexisNexis has implemented electronic-filing and electronic-service projects in some parts of the world, such as Colorado and Delaware.

”And it works. We’d certainly like to offer it in India.” Such efforts benefit not just courts, but also law firms by giving them prompt access to data, he said.

Asked whether the Monthly will focus on problems of access to justice or of corruption, Atkinson said initially the magazine expected to focus on such areas as the corporate law, which is a growing entity.

As for what he dubbed ”underlying problems,” he said the magazine has an editorial Board, mostly made up of lawyers, which will take such decisions.

Asked how the Butterworths have been roping in Judges to write for them, Atkinson said it was done as anywhere in the world, by first identifying a subject and then finding out who has the specific experience in that field of law and ask them.

A book assignment usually takes a couple of years to complete, and writers are only paid royalty from sales, he said.

UNI MJ

Consumer Activists For Fight Against Female Foeticide – By Mukesh Jhangiani

                                                                                                                                         April 22, 2002

Consumer Activists For Fight Against Female Foeticide

By Mukesh Jhangiani
United News of India

New Delhi (UNI) – Consumer experts have condemned female foeticide as a ‘social evil’ and misuse of technology and sought to involve women against doctors and others who engage in anti-consumer conduct.

India’s endangered gender ?  (Photo: Link)   

Participants at a three-day workshop that ended in New Delhi last evening also recommended women taking leadership in fighting against consumer interest violations by banks, airlines, communications, food and other industries and vendors.

They also came down heavily on an increasing tendency among doctors to resort to too many referrals which end up costing– and sometimes confusing– the patient, organisers said.

On foeticide, the participants strongly condemned such ”unprecedented” practice of sex-determination tests ”taking place… in some parts of the country,” a spokesman for Civic Rights Society, a lawyers group which organised the event, said.

Experts reported that the use of ”mobile machines” in Punjab and Himachal Pradesh despite an eight-year-old law against using diagnostic methods to determine the sex of the foetus– the Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994– was promoting a new social evil, spokesman S Kumar said.

They said that to know the sex of an unborn child with a view to destroying the female child was a social evil linked to the evil of dowry.

“It was strongly felt that the doctors were also to be blamed in this practice as it is they who were instrumental in misusing the medical technology,” Kumar said.

The workshop inaugurated by British High Commissioner Rob Young was aimed at training women leaders to defend consumer rights. It heard judges, lawyers and medical and other experts’ call for empowering women in the area of consumer rights.

Although India has among the largest numbers of consumers in the world and a law has been enacted and even a Ministry appointed for their protection, speakers bemoaned that exercise of consumer rights in the country is still in infancy.

They said that given the levels of illiteracy, poverty and ignorance, Indian consumers continued to suffer exploitation– women, who do much of the buying of daily household necessities, silently bearing the brunt of it.

Senior Supreme Court Judge G B Pattanaik, noting that women were ”intimately associated” with 90 per cent of products and services and knew their quality and worth, held it was appropriate that women lead the fight for consumer rights.

He said this was especially so given the prevalence in India of such factors as the limited purchasing power, the perennial shortage of goods and an economic planning guided by principle of social justice.

Delhi High Court Chief Justice S B Sinha said women’s special role was recognised even under the Consumer Protection Act which provided ”that one of the Judges in the Consumer Forum should be a woman.”

Justice Sinha said, ”That provision has been made evidently with a view that the lady-judge would understand the day-to-day problems of household purchase whether product or service.”

With medical profession having been brought under the Act, women who– together with children– are a major health care consumer must develop awareness of quality, safety and cost of services they get, he said, adding that women could also help ensure food safety and avoid health hazards.

The participants deprecated doctors’ tendency to take recourse to increasing referral service subjecting patients to heavy costs, some of which could perhaps be avoided if doctors updated their knowledge and skills, the organisers said.

They said one speaker narrated how two different doctors gave two different opinions on the same ailment.

Earlier, in his inaugural address, the British Diplomat noted that women as consumers were the most vulnerable, but hastened to add that opportunities were growing for them to assert themselves.

Consumer movement across the globe has citizens influencing decisions once considered not their concern, such as adding a terminal at London’s Heathrow Airport or dumping an oil platform in the North Sea, he said.

The participants also voiced themselves against frequent strikes afflicting various industry and service sectors and sought steps for protection of consumer interests against these.

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House Panel: Legal Aid Or Eyewash ! – By Mukesh Jhangiani

                                                                                                                           June 22, 2006

House Panel: Legal Aid Or Eyewash !

By Mukesh Jhangiani
United News of India

New Delhi (UNI) – India’s poor litigants see legal aid provided to them by an authority set up eleven years ago as ”mere eyewash,” a parliamentary panel has reported.

”Poor litigants feel that legal aid being provided to them is mere eyewash,” according to the Parliamentary Standing Committee on Personnel, Public Grievances and Law and Justice.

E M Sudarsana Natchiappan (Photo: NoCorruption)

The National Legal Services Authority was set up in 1995 under the Legal Services Authorities Act 1987 to provide ”free and competent” legal services to the needy.

The views of the Committee headed by EM Sudarsana Natchiappan are contained in its latest Report on the Law and Justice Ministry’s 2006-07 Demands for Grants.

The Committee said the programme lacked proper planning and suffered from paucity of funds and failure at the level of states to utilise even the grants made.

It said, ”the actual benefit of this scheme is not gaining access to poor litigants” and the programme is ”confined to high profile areas or capital cities only.”

The NALSA’s goal, according to the Committee, was to ensure that no Indian citizen is denied opportunity to secure justice because of economic or other disabilities.

Experts call it a tall order considering the high litigation costs– unbridled lawyers’ fees and protracted court processes– which a vast many Indians find hard to afford.

The NALSA’S budget to achieve it all in 2004-05, for instance, was Rs 5.98 crores– raised in 2005-06 to Rs ten crores and sought to be maintained thereat this year.

To be eligible for legal aid, the annual income limit fixed by the central government for cases before the Supreme Court is Rs 50,000. Fourteen states have to catch up with even that.

Over the past decade, the Authority claims to have aided 8.25 million individuals, besides holding 4,86,000 Lok Adalats or conciliation courts nationwide and settling 18.3 million cases.

But critics say that tells little about the sort of cases in which the Authority helped individuals, the quality of legal aid or the outcome.

Nor does it tell the plight of citizens who are neither eligible for legal aid nor can afford legal recourse on their own– with no limits enforced on lawyers’ fees or duration of proceedings.

As in ordinary cases, in aided cases, too, the quality of lawyering is a key issue, only perhaps more so given the ‘meagre’ fees NALSA advocates supposedly get, critics say.

The Committee noted that counsels engaged for the poor under the legal aid programme ”are paid meagerly” and ”good and reputed lawyers do not come forward to take up the cases. Even Senior Advocates do not take up such cases.”

”As a result,” the Committee said, ”the poor litigants feel that legal aid being provided to them is mere eyewash.”

The Committee recommended ”reasonably” enhancing the fee structure– and standardising it nationwide– so as to draw experienced and competent lawyers to legal aid.

The Committee was ”given to understand that the government has been providing adequate funds to NALSA from year to year. However, there has not been total utilisation of the allocated grants.”

Some years ago, the Committee had suggested ”hundred percent central funding for implementing NALSA and also to ensure that the central grants released to the State Governments are utilised fully.”

But the government says NALSA has yet to submit a consolidated scheme for its consideration covering all its plans and programmes ”for formulating a Centrally Sponsored Scheme and seeking due approval.”

In what it calls a ‘vision document,’ NALSA has listed sections of Indian population it hopes to empower through legal literacy– knowledge of the law and the confidence to use this knowledge.

They include children, the elderly, workers, women, victims of mental or other disabilities, floods, tsunamis, drought, insurgency, Devadasi or other trafficking and those stigmatised by such conditions as Acquired immunodeficiency syndrome.

The Committee took note of it but said ”certain grey areas need to be addressed by the Ministry.

”One such problem relates to lack of proper planning. Moreover, non-utilisation of grants by the States Legal Services Authorities is another area of concern.”

It asked the Ministry to ”effectively monitor” utilisation of funds and implementation of NALSA’s schemes and programmes.

”Constraints of funds should not come in the way of successful implementation of the scheme,” it stressed.

Experts discount the value of sheer legal literacy unless it is accompanied by reforms that make adjudication more responsive to the litigants’ needs.

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