{"id":172645,"date":"2009-09-07T00:00:00","date_gmt":"2009-09-06T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/forum-for-social-justice-vs-state-of-kerala-on-7-september-2009"},"modified":"2014-04-11T00:25:16","modified_gmt":"2014-04-10T18:55:16","slug":"forum-for-social-justice-vs-state-of-kerala-on-7-september-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/forum-for-social-justice-vs-state-of-kerala-on-7-september-2009","title":{"rendered":"Forum For Social Justice vs State Of Kerala on 7 September, 2009"},"content":{"rendered":"
Kerala High Court<\/div>\n
Forum For Social Justice vs State Of Kerala on 7 September, 2009<\/div>\n
       \n\n  \n\n  \n\n \n \n  IN THE HIGH COURT OF KERALA AT ERNAKULAM\n\nOP.No. 27937 of 2001(A)\n\n\n\n1. FORUM FOR SOCIAL JUSTICE\n                      ...  Petitioner\n\n                        Vs\n\n1. STATE OF KERALA\n                       ...       Respondent\n\n                For Petitioner  :SRI.R.SURENDRAN\n\n                For Respondent  :GOVERNMENT PLEADER\n\nThe Hon'ble MR. Justice S.SIRI JAGAN\n\n Dated :07\/09\/2009\n\n O R D E R\n                           S. SIRI JAGAN, J\n                 ...............................................\n                      O.P.No. 27937 of 2001\n                .................................................\n        Dated this the 7th day of September, 2009\n\n                           J U D G M E N T\n<\/pre>\n
     Article 39A of the Constitution of India, forming part of the<\/p>\n
Directive Principles of State Policy lays down thus:<\/p>\n
             “39A. Equal justice and free legal aid. The State
\n       shall secure that the operation of the legal system
\n       promotes justice, on a basis of equal opportunity, and
\n       shall, in particular, provide free legal aid, by suitable
\n       legislation or schemes or in any other way, to ensure that
\n       opportunities for securing justice are not denied to any
\n       citizen by reason of economic or other disabilities.”<\/p><\/blockquote>\n
     2. Prior to coming into force of the Legal Services Authorities<\/p>\n
Act, 1987, there was no statutory body for implementation of this<\/p>\n
policy of providing legal aid to the needy as envisaged in Article<\/p>\n
39A. That duty was mainly performed by non-governmental and<\/p>\n
voluntary organisations apart from the Kerala State Legal Aid and<\/p>\n
Advice Board, a body constituted by the Government by executive<\/p>\n
orders.   At the time various voluntary and non- governmental<\/p>\n
organisations engaged in providing legal aid to the needy were not<\/p>\n
supported by the Government. In fact by a letter dated 28.6.1985<\/p>\n
the Secretary to the Government, Law Department, Government of<\/p>\n
Kerala directed the District Collectors in the State that they need<\/p>\n
O.P.No. 27937 of 2001               -2-<\/span><\/p>\n
not render any assistance to voluntary organisations to conduct<\/p>\n
legal aid camps other than the Kerala State Legal Aid and Advice<\/p>\n
Board. This led to some litigation and some voluntary organisations<\/p>\n
approached the Supreme Court of India challenging the stand of<\/p>\n
the Government. The Supreme Court in the decision of Centre for<\/p>\n
Legal Research v. State of Kerala 1986 SCC (Cri) 246 rendered<\/p>\n
the following judgment:\n<\/p>\n
              “This writ petition raises a queation as to whether
\n        voluntary organisations or social action groups engaged
\n        in the legal aid programme should be supported by the
\n        State Government and if so to what extent and under
\n        what conditions. There can be no doubt that if the legal
\n        aid programme is to succeed it must involve public
\n        participation. The State Government undoubtedly has an
\n        obligation under Article 39-A of the Constitution which
\n        embodies a directive principle of State policy to set up a
\n        comprehensive and effective legal aid programme in
\n        order to ensure that the operation of the legal system
\n        promotes justice on the basis of equality. But we have no
\n        doubt that despite the sense of social commitment which
\n        animates many of our officers in the Administration, no
\n        legal aid programme can succeed in reaching the people
\n        if its operation remains confined in the hands of the
\n        Administration.   It is absolutely essential that people
\n        should be involved in the legal aid programme because
\n        the legal aid programme is nto charity or bounty but it is
\n        a social entitlement of the people and those in need of
\n        legal assistance cannot be looked upon as mere
\n        beneficiaries of the legal aid programme but they should
\n        be regarded as participants in it. If we want to secure
\n        people’s participation and involvement in the legal aid
\n        programme, we think the best way of securing it is to
\n        operate through voluntary organisations and social action
\n        groups.    These organisations are working amongst the
\n        deprived as vulnerable sections of the community at the
\n        grass-root level and they know what are the problems and
\n        difficulties encountered by these neglected sections of
\n        Indian humanity. They have their finger on the pulse of<\/p>\n
O.P.No. 27937 of 2001                -3-<\/span><\/p>\n
        the people and they know from their own experience as to
\n        what are the unmet legal needs of the people, what are
\n        the sources of exploitation and injustice to the under-
\n        privileged segments of society and what measures are
\n        necessary to be taken for the purpose of ending such
\n        exploitation  and    injustice  and   reaching    social or
\n        distributive justice to them. We are therefore definetely
\n        of the view that voluntary organisations and social action
\n        groups must be encouraged and supported by the State in
\n        operating the legal aid programme.              it is now
\n        acknowledged throughout the country that the legal aid
\n        programme which is needed for the purpose of reaching
\n        social justice to the people cannot afford to remain
\n        confined to the traditional or litigation oriented legal aid
\n        programme but it must, taking into account the socio-
\n        economc conditions prevailing in the country, adopt a
\n        more dynamic posture and take within its sweep what we
\n        may call strategic legal aid programme consisting of
\n        promotion of legal literacy, organisation of legal aid
\n        camps, encouragement of public interest litigation and
\n        holding of lok adalats or niti melas for bringing about
\n        settlements of disputes whether pending in courts or
\n        outside. The assistance of voluntary agencies and social
\n        action groups must therefore be taken by the State for
\n        the purpose of operating the legal aid programme in its
\n        widest and most comprehensive sense, and this is an
\n        obligation which flows directly from Article 39-A of the
\n        Constitution. But at the same time it is necessary to point
\n        out that the Stte cannot be asked to encourage and
\n        support any and every voluntary organisation or social
\n        action group because there are types and types of
\n        voluntary organistions and social action groups in the
\n        country and if the State were required to encourage and
\n        support other voluntary organisation or social action
\n        group for operating the legal aid programme and
\n        particularly the strategic programme comprising legal aid
\n        camps and lok adalats, the possibility of abuse of such
\n        encouragement or support cannot be ruled out.          It is
\n        therefore necessary to lay down norms which should
\n        guide the State in lending its encouragement and support
\n        to voluntary organisations and social action groups in
\n        operating legal aid programmes and organising legal aid
\n        camps and lok adalats or niti melas. We are of the view
\n        that the following norms should provide sufficient
\n        guidance to the State in this behalf and we would direct
\n        that the State Government shall, in compliance with its<\/p>\n
O.P.No. 27937 of 2001               -4-<\/span><\/p>\n
        obligations under Article 39-A of the Constitution extend
\n        its cooperation and support to the following categories of
\n        voluntary organisations and social action groups in
\n        running the legal aid programme and organising legal aid
\n        camps and lok adalats or niti melas:\n<\/p><\/blockquote>\n
              (1)    Voluntary organisations and social action
\n        groups which are recognised by the Committee for
\n        Implementing Legal Aid Schemes set up by the
\n        Government     of   India   or   whose    programme     or
\n        programmes are supported by way of grant or otherwise
\n        by the Government of India or the State Government or
\n        the Committee for Implementing Legal Aid Schemes or
\n        the State Legal Aid and Advice Board.\n<\/p><\/blockquote>\n
              (2)    Voluntary organisations and social action
\n        groups which organise legal aid camps or lok adalats or
\n        niti melas in conjunction with or with the support of the
\n        Committee for Implementing Legal Aid Schemes or the
\n        Kerala State Legal Aid and Advice Board.\n<\/p><\/blockquote>\n
              (3)    Voluntary organisations and social action
\n        groups which are recognised by the State Government or
\n        the State Legal Aid and Advice Board on an application
\n        being made in that behalf.\n<\/p><\/blockquote>\n
              Every voluntary organisation or social action group
\n        falling within clause (1), (2) or (3) above and to which
\n        cooperation and support are directed to be extended by
\n        the State Government shall furnish whatever factual
\n        information is required by the Central Government or the
\n        State Government or the Committee for Implementing
\n        Legal Aid Schemes or the State Legal Aid and Advice
\n        Board, but we may make it clear that such voluntary
\n        organisation or social action group shall not be under the
\n        control  or direction     or supervision of the      State
\n        Government or the State Legal Aid and Advice Board
\n        because we take the view that voluntary organisations
\n        and social action groups operating these programmes
\n        should be totally free from any governmental control.\n<\/p><\/blockquote>\n
              2. The writ petition will stand disposed of in these
\n        terms”<\/p><\/blockquote>\n
     3. Pursuant thereto, the Government of Kerala framed Ext.P2<\/p>\n
guidelines regarding Governmental co-operation in respect of the<\/p>\n
O.P.No. 27937 of 2001            -5-<\/span><\/p>\n
legal aid activities of private organiations. The petitioner is one<\/p>\n
such private organisation engaged in the various legal aid<\/p>\n
programmes. They approached the Government for recognition as<\/p>\n
a voluntary organisation for rendering legal aid. Pursuant thereto,<\/p>\n
the Government granted them recognition and extended support<\/p>\n
for conducting Legal Aid Clinics, and Neethimelas. While matters<\/p>\n
stood thus, the parliament enacted the Legal Services Authorities<\/p>\n
Act, 1987, creating statutory bodies for the purpose of providing<\/p>\n
legal aid service to weaker sections of the society, as per which a<\/p>\n
National Legal Services Authority was constituted as an apex body<\/p>\n
under whom various State Legal Services Authorities were to<\/p>\n
function. Additional 3rd respondent herein is the state authority<\/p>\n
(KELSA) constituted under the Legal Services Authorities Act,<\/p>\n
1987. When the KELSA was constituted, the Government decided<\/p>\n
to cancel the accreditation granted by them to various voluntary<\/p>\n
organisations in the matter of rendering legal aid services. The<\/p>\n
petitioner, a voluntary organisation took up the matter with the<\/p>\n
Government by Ext.P12, pursuant to which, the Government<\/p>\n
passed Ext.P13 order dated 24.11.2000, wherein the Government<\/p>\n
held that on the advent of the Legal Services Authorities Act, 1987,<\/p>\n
the Government ceased to be the authority to give accreditation to<\/p>\n
O.P.No. 27937 of 2001             -6-<\/span><\/p>\n
voluntary organisations like the petitioner and it is for the KELSA<\/p>\n
to take up that responsibility under the Act.        Accordingly, by<\/p>\n
Ext.P13 order, the Government held thus:\n<\/p>\n
             “In the light of the conclusion reached above the
\n        recognition granted by the Government to FSJ, PCSJ,
\n        KANFED and SALT as per the G.O. read as 2nd paper
\n        above prior to coming into force Central Act 39 of 1987
\n        and the formation of KELSA as per the rules framed
\n        thereunder, cannot be continued on account of the
\n        changed statutory setting. Accordingly, the recognition
\n        granted to FSJ, PCSJ, KANFED and SALT as per
\n        Government orders read as papers 3 to 6 above will stand
\n        withdrawn. This order is passed without prejudice to the
\n        accreditation, if any, obtained by any of the above
\n        organisations from KELSA and also without prejudice to
\n        right of any of the organisations to move KELSA for
\n        accreditation. “<\/p><\/blockquote>\n
      4.   The petitioner again approached the Government for<\/p>\n
reconsideration of the matter, which was also rejected by Ext.P17<\/p>\n
and P18 orders of the Government. The petitioner is challenging<\/p>\n
Exts.P13, P17 and P18 in this writ petition.\n<\/p>\n
      5. The contention of the petitioner is that the yeoman service<\/p>\n
rendered by voluntary and non governmental organisations have<\/p>\n
been recognised and applauded by the Supreme Court in the<\/p>\n
decision in Centre for Legal Research’s case. By that decision, the<\/p>\n
Government was directed to render appropriate assistance to<\/p>\n
voluntary organisations for rendering legal aid. According to the<\/p>\n
petitioner even after coming into force of the Legal Services<\/p>\n
O.P.No. 27937 of 2001              -7-<\/span><\/p>\n
Authorities Act, situation has not changed. The counsel for the<\/p>\n
petitioner points out that under Rule 14 of the Kerala State Legal<\/p>\n
Services Authorities Rules, 1998, the Kerala State Legal Aid and<\/p>\n
Advice Board has been dissolved, which would go to show that<\/p>\n
what has been conferred on the KELSA is only the role of the<\/p>\n
Kerala State Legal Aid and Advice board. Therefore even after<\/p>\n
coming into force of the Legal Services Authorities Act, the rights<\/p>\n
conferred on voluntary organisations by the Supreme Court<\/p>\n
decision (supra) continues to be in force and therefore the State<\/p>\n
Government is liable to continue giving assistance to voluntary<\/p>\n
organisations for providing legal service to the needy, which<\/p>\n
according to the petitioner is not in any way curtailed by the Legal<\/p>\n
Service Authorities Act, 1987.       The petitioner would therefore<\/p>\n
submit that the Government went wrong in abdicating their powers<\/p>\n
of recognising voluntary organsations for the purpose of rendering<\/p>\n
legal aid to the needy in accordance with Ext.P2 guidelines framed<\/p>\n
by it. The petitioner therefore seeks the following reliefs:<\/p>\n
              ” a)   issue a writ of certiorari or any other
\n        appropriate writ, order or direction quashing Exhibit-
\n        P13, Exhibit-P17 and Exhibit-P18;\n<\/p><\/blockquote>\n
              b) Issue a writ in the nature of mandamus or any
\n        other appropriate writ, order or direction commanding
\n        the State of Kerala and its Officers to continue to
\n        support and render assistance to the petitioner society
\n        for carrying out its objects and activities in the State of<\/p>\n
O.P.No. 27937 of 2001               -8-<\/span><\/p>\n
        Kerala in the light of the decision of the Hon’ble Suprme
\n        Court reported in AIR 1986 SC 2195 and Exhibit-P4
\n        government order dated 4.6.1987;\n<\/p><\/blockquote>\n
              c) Issue a writ in the nature of mandamus or any
\n        other   writ,  order    or   direction  commanding      the
\n        respondents to consider and pass orders on Exhibit-P14
\n        representation   after notice    to and affording       the
\n        petitioner society an opportunity of being heard.\n<\/p><\/blockquote>\n
              d)   Issue  an    interim  order   directing      the
\n        respondents to render all assistance and support to the
\n        petitioner society so as to enable the petitioner society to
\n        take follow up action in disputes that were settled at the
\n        Nitimelas and legal camps organised by it before
\n        24.11.2000; “<\/p><\/blockquote>\n
     6.    The additional 3rd respondent stoutly opposes the<\/p>\n
contention of the petitioner.        According to the additional 3rd<\/p>\n
respondent, the Parliament has decided to create statutory<\/p>\n
authorities for providing legal service to the weaker sections of the<\/p>\n
society as mandated by Article 39A of the Constitution of India for<\/p>\n
which the Legal Services Authorities Act, 1987 has been enacted.<\/p>\n
According to the counsel for the 3rd respondent the Legal Services<\/p>\n
Authorities Act, 1987 does not envisage any role for the State<\/p>\n
Government in the matter and a hierarchy is prescribed under the<\/p>\n
Act for controlling and streamlining providing of legal services to<\/p>\n
weaker sections of the society by constituting a National Legal<\/p>\n
Services Authority as an apex body functioning with national<\/p>\n
jurisdiction with state legal services authorities in each State. The<\/p>\n
powers and responsibilities which were hitherto conferred on the<\/p>\n
O.P.No. 27937 of 2001            -9-<\/span><\/p>\n
State Government has been by law conferred on the National Legal<\/p>\n
Services Authority and State Legal Services Authorities with no<\/p>\n
role for the State Government in the matter.        According to the<\/p>\n
learned counsel for the additional 3rd respondent, on coming into<\/p>\n
force of the Legal Services Authorities Act, 1987, as far as the state<\/p>\n
is concerned, the KELSA is the authority to provide free and<\/p>\n
competent legal service to the weaker sections of the society and to<\/p>\n
ensure that the opportunities for securing justice are not denied to<\/p>\n
any citizen by reason of economic or other disabilities and to<\/p>\n
organise Lok Adalats to secure that the operation of the legal<\/p>\n
system promotes justice on a basis of equal opportunity. Therefore<\/p>\n
according to the learned counsel, once KELSA was formed, the<\/p>\n
authority in respect of legal services in the state vested absolutely<\/p>\n
with the KELSA to the exclusion of the State Government<\/p>\n
regarding responsibilities hitherto exercised by the Government.<\/p>\n
Consequently according to the petitioner, the power to recognise<\/p>\n
volunatary organisations for the purpose of granting assistance of<\/p>\n
Government departments in the matter of providing legal services<\/p>\n
also vested with the KELSA. He therefore supports the impugned<\/p>\n
orders.   The Government Pleader appearing on behalf of the<\/p>\n
Government also supports the additional 3rd respondent. They have<\/p>\n
O.P.No. 27937 of 2001              -10-<\/span><\/p>\n
also filed a counter affidavit taking identical contentions.<\/p>\n
      7. I have considered the rival contentions in detail.<\/p>\n
      8. I am of opinion that the decision in Centre for legal<\/p>\n
Research’s case cannot be relied upon for the proposition that even<\/p>\n
after coming into force of the Legal Service Authorities Act, the<\/p>\n
Government continues to be the authority competent to recognise<\/p>\n
voluntary organisations and that despite the Legal Services<\/p>\n
Authorities Act and the formation of the KELSA, the voluntary<\/p>\n
organisations can insist on the Government continuing to provide<\/p>\n
assistance to them for the purpose of rendering legal aid by<\/p>\n
conducting legal aid clinics and Neethimelas without reference to<\/p>\n
the KELSA is misplaced. I am of opinion that if any voluntary<\/p>\n
association wants assistance of the Government departments in the<\/p>\n
matter of providing legal aid, that voluntary organisation has to<\/p>\n
obtain approval from the KELSA.          According to me, the Legal<\/p>\n
Services Authorities Act, 1987 is a complete code in itself in<\/p>\n
respect of rendering legal aid services in the state as envisaged in<\/p>\n
Article 39A of the Constitution of India. The objects and reasons of<\/p>\n
the Act reads thus:\n<\/p>\n
               “Statement of Objects and Reasons<\/p>\n
               Article 39A of the Constitution provides that the
\n         State shall secure that the operation of the legal system
\n         promotes justice on a basis of equal opportunity, and<\/p>\n
O.P.No. 27937 of 2001               -11-<\/span><\/p>\n
        shall, in particular, provide free legal aid, by suitable
\n        legislation or schemes or in any other way, to ensure
\n        that opportunities for securing justice are not denied to
\n        any citizen by reason of economic or other disabilities.\n<\/p><\/blockquote>\n
               2.   With the object of providing free legal aid,
\n        Government       had,  by   Resolution   dated    the   26th
\n        September,     1980    appointed    the   “Committee     for
\n        Implementing Legal Aid Schemes” (CILAS) under the
\n        Chairmanship of Mr. Justice P.N. Bhagwati (as he then
\n        was) to monitor and implement legal aid programmes on
\n        a uniform basis in all the States and Union territories.
\n        CILAS evolved a model scheme for legal aid programme
\n        applicable throughout the country by which several legal
\n        aid and Advice Boards have been set up in the States
\n        and Union territories. CILAS is funded wholy by grants
\n        from the Central Government.          The Government is
\n        accordingly concerned with the programmes of legal aid
\n        as it is the implementation of a constitutional mandate.
\n        But on a review of the working of the CILAS, certain
\n        defeciencies have to come to the force. It is, therefore,
\n        felt that it will be desirable to constitute statutory legal
\n        service authorities at the National, State and District
\n        levels so as to provide for the effective monitoring of
\n        legal aid programmes.         The Bill provide for the
\n        composition of such authorities and for the funding of
\n        these authorities by means of grants from the Central
\n        Government and the State Governments.           Power has
\n        also been given to the National Committee and the State
\n        Committees to supervise the effective implementation of
\n        legal aid schemes.\n<\/p><\/blockquote>\n
               3. For the some time now, Lok Adalats are being
\n        constituted at various places in the country for the
\n        disposal, in a summary way and through the process of
\n        arbitration and settlement between the parties, of a
\n        large number of cases expeditiously and with lesser
\n        costs.    The institution of Lok Adalats is at present
\n        functioning as a voluntry and consiliatory agency
\n        without any statutory backing for its decisions. It has
\n        proved to be very popular in providing for a speedier
\n        system of administration of justice.        In view of its
\n        growing popularity, there has been a demand for
\n        providing a statutory backing to this institution and the
\n        awards given by Lok Adalats.        It is felt that such a
\n        statutory support would not only reduce the burden of<\/p>\n
O.P.No. 27937 of 2001              -12-<\/span><\/p>\n
        arrears of work in regular courts, but would also take
\n        justice to the door-steps of the poor and the needy and
\n        make justice quicker and less expensive.\n<\/p><\/blockquote>\n
              4. The Bill seeks to achieve the above objects. ”\n<\/p><\/blockquote>\n
     The preamble of the Act provides thus:\n<\/p><\/blockquote>\n
              “An Act to constitute legal services authorities to
\n        provide free and competent legal services to the weaker
\n        sections of the society to ensure that opportunities for
\n        securing justice are not denied to any citizen by reason
\n        of economic or other disabilities, and to organise Lok
\n        Adalats to secure that the operation of the legal system
\n        promotes justice on a basis of equal opportunity.”<\/p><\/blockquote>\n
     9. Under Section 3, the Central Government is to constitute a<\/p>\n
body to be called the National Legal Services Authority to exercise<\/p>\n
the powers and perform the functions conferred on, or assigned to,<\/p>\n
the Central Authorities under the Act. The functions of the Central<\/p>\n
Authority are enumerated in Section 4 thus :\n<\/p>\n
               “4.  Functions of the Central Authority.-      The
\n        Central Authority shall [* * *] perform all or any of the
\n        following functions, namely:-\n<\/p><\/blockquote>\n
               (a) lay down policies and principles for making
\n        legal services available under the provisions of this Act;\n<\/p><\/blockquote>\n
               (b)  frame the most effective and economical
\n        schemes for the purpose of making legal services
\n        available under the provisions of this Act;\n<\/p><\/blockquote>\n
               (c)  utilise the funds at its disposal and make
\n        appropriate allocations of funds to the State Authorities
\n        and District Authorities;\n<\/p><\/blockquote>\n
               (d) take necessary steps by way of social justice
\n        litigation  with    regard   to   consumer    protection,
\n        environmental protection or any other matter of special
\n        concern to the weaker sections of the society and for<\/p>\n
O.P.No. 27937 of 2001               -13-<\/span><\/p>\n
        this purpose, give training to social workers in legal
\n        skills;\n<\/p><\/blockquote>\n
               (e) organise legal aid camps, especially in rural
\n        areas, slums or labour colonies with the dual purpose of
\n        educating the weaker sections of the society as to their
\n        rights as well as encouraging the settlement of disputes
\n        through Lok Adalats;\n<\/p><\/blockquote>\n
               (f) encourage the settlement of disputes by way of
\n        negotiations, arbitration and conciliation;\n<\/p><\/blockquote>\n
               (g) undertake and promote research in the filed of
\n        legal services with special reference to the need for
\n        such services among the poor;\n<\/p><\/blockquote>\n
               (h) to do all things necessary for the purpose of
\n        ensuring commitment to the fundamental duties of
\n        citizens under Part IV-A of the Constitution;\n<\/p><\/blockquote>\n
               (i) monitor and evaluate implementation of the
\n        legal aid programmes at periodic intervals and provide
\n        for independent evaluation of programmes and schemes
\n        implemented in whole or in part by funds provided
\n        under this Act;\n<\/p><\/blockquote>\n
               [(j) provide grants-in-aid for specific schemes to
\n        various voluntary social service institutions and the
\n        State and District Authorities; from out of the amounts
\n        placed at its disposal for the implementation of legal
\n        services schemes under the provisions of this Act;]<\/p>\n<\/blockquote>\n
               (k) develop, in consultation with the Bar Council
\n        of India, programmes for clinical legal education and
\n        promote guidance and supervise the establishment and
\n        working of legal services clinics in universities, law
\n        colleges and other institutions;\n<\/p><\/blockquote>\n
               (l) take appropriate measures for spreading legal
\n        literacy and legal awareness amongst the people and, in
\n        particular, to educate weaker sections of the society
\n        about the rights, benefits and previleges guaranteed by
\n        social welfare legislations and other enactments as well
\n        as administrative programmes and measures;\n<\/p><\/blockquote>\n
               (m) make special efforts to enlist the support of
\n        voluntary social welfare institutions working at the<\/p>\n
O.P.No. 27937 of 2001               -14-<\/span><\/p>\n
        grass-root level, particularly among the Scheduled
\n        Castes and the Scheduled Tribes, women and rural and
\n        urban labour; and<\/p>\n<\/blockquote>\n
               (n)  Coordinate and monitor the functioning of
\n        [State Authorities, District Authorities, Supreme Court
\n        Legal Services Committee, High Court Legal Services
\n        Committees, Taluk Legal Services Committees and
\n        voluntary social service institutions] and other legal
\n        services organisations and give general directions for
\n        the proper implementation of the legal services
\n        programmes.”<\/p><\/blockquote>\n
     10. Section 5 stipulates that in the discharge of its functions<\/p>\n
under this Act, the Central Authority shall, wherever appropriate,<\/p>\n
act in co-ordination with other governmental or non-governmental<\/p>\n
agencies, universities and others engaged in the work of promoting<\/p>\n
the cause of legal services to the poor.         Section 6 of the Act<\/p>\n
postulates that every State Government shall constitute a body to<\/p>\n
be called the Legal Services Authority for the state to exercise the<\/p>\n
powers and perform the functions conferred on, or assigned to, a<\/p>\n
State Authority to the Act<\/p>\n
     11. Section 7 enumerates the functions of the state authority<\/p>\n
thus:\n<\/p>\n
               “7. Functions of the State Authority.- (1) It shall
\n         be the duty of the State Authority to give effect to the
\n         policy and directions of the Central Authority.\n<\/p><\/blockquote>\n
               (2)  Without prejudice to the generality of the
\n         functions referred to in sub-section (1), the State
\n         Authority shall perform all or any of the following
\n         functions, namely:-\n<\/p><\/blockquote>\n
O.P.No. 27937 of 2001               -15-<\/span><\/p>\n
               (a) give legal service to persons who satisfy the
\n         criteria laid down under this Act;\n<\/p><\/blockquote>\n
               (b) conduct [Lok Adalats, including Lok Adalats
\n         for High Court cases;]<\/p>\n<\/blockquote>\n
               (c) undertake preventive and strategic legal aid
\n         programmes; and<\/p>\n<\/blockquote>\n
               (d)   perform such other functions as the State
\n         Authority may, in consultation with the [Central
\n         Authority], fix by regulations.”<\/p><\/blockquote>\n
       12. Section 8 stipulates that in the discharge of its functions<\/p>\n
the State Authority shall appropriately act in co-ordination with<\/p>\n
other government agencies, non-governmental voluntary social<\/p>\n
service institutions, universities and other bodies engaged in the<\/p>\n
work of promoting the cause of legal services to the poor and shall<\/p>\n
also be guided by such directions as the Central Authority may give<\/p>\n
to it in writing. Section 3A of the Act further requires the Central<\/p>\n
Authority to constitute the Supreme Court Legal Services<\/p>\n
Committee, and Section 8A of the Act requires the State Authority<\/p>\n
to constitute the High Court Legal Service Committee and the<\/p>\n
District Legal Services Committees Section 11A provides for<\/p>\n
constitution of Taluk Legal Services Committee by the State<\/p>\n
Authority. Each of the authorities under the Act has been<\/p>\n
specifically entrusted with specific duties and functions in the<\/p>\n
matter of providing legal aid to the needy.        The Act does not<\/p>\n
O.P.No. 27937 of 2001              -16-<\/span><\/p>\n
envisage any specific function on the part of the State Government<\/p>\n
in the matter of recognition of voluntary and non-governmental<\/p>\n
organisations, in the matter of giving assistance to them for<\/p>\n
conducting legal aid clinics and neethimelas. On the other hand<\/p>\n
Sections 5 and 8 would go to show that such function also has been<\/p>\n
required to be performed by the Central and the State authorities.<\/p>\n
Therefore going by the scheme of the Act, I have no doubt in my<\/p>\n
mind that the power of recognising voluntary and non-<\/p>\n
governmental organisations, for rendering legal services in the<\/p>\n
State, has been conferred on the authorities under the Act, which<\/p>\n
as far as State of Kerala is concerned is the KELSA. It is also in the<\/p>\n
fitness of things, since if two parallel authorities function for the<\/p>\n
same purpose, that would create confusion in the implementation<\/p>\n
of the provisions of the Act and would result in the legal aid<\/p>\n
programmes itself ineffective. That being so, I do not find any merit<\/p>\n
in the contentions of the petitioner to the effect that despite<\/p>\n
coming into force of the Legal Services Authorities Act, the power<\/p>\n
of the Government to recognise voluntary and non-governmental<\/p>\n
organisations and their duty to render assistance to them for<\/p>\n
conducting legal aid clinics and Neethimelas is not affected. I am<\/p>\n
of opinion that it is in the best interest of the legal aid programmes<\/p>\n
O.P.No. 27937 of 2001          -17-<\/span><\/p>\n
in the State that every facet of the same is controlled by the<\/p>\n
National Legal Services Authority at the national level and the<\/p>\n
State Legal Services Authority at the state level. In fact that only<\/p>\n
has been recognised by the impugned orders. Therefore, I do not<\/p>\n
find any merit in the writ petition and accordingly the same is<\/p>\n
dismissed.\n<\/p>\n<\/p>\n
                                      S. SIRI JAGAN, JUDGE
\nrhs<\/p>\n","protected":false},"excerpt":{"rendered":"
Kerala High Court Forum For Social Justice vs State Of Kerala on 7 September, 2009 IN THE HIGH COURT OF KERALA AT ERNAKULAM OP.No. 27937 of 2001(A) 1. FORUM FOR SOCIAL JUSTICE … Petitioner Vs 1. STATE OF KERALA … Respondent For Petitioner :SRI.R.SURENDRAN For Respondent :GOVERNMENT PLEADER The Hon’ble MR. Justice S.SIRI JAGAN Dated […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,21],"tags":[],"class_list":["post-172645","post","type-post","status-publish","format-standard","hentry","category-high-court","category-kerala-high-court"],"yoast_head":"\nForum For Social Justice vs State Of Kerala on 7 September, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/forum-for-social-justice-vs-state-of-kerala-on-7-september-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Forum For Social Justice vs State Of Kerala on 7 September, 2009 - 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