
Bareilly, Uttar Pradesh: "We are not lawyers, but we provide necessary legal information to those who approach us. We act as a bridge between people and the legal system,” said Sapna Dwivedi (38), who has been formally working as a para legal volunteer (PLV) for the last three years, though she has been in this field of work for about 15 years.
Giving a glimpse of her work, she added, “We resolve petty issues and prevent them from reaching the court. If it is a criminal matter, the entire family of those who committed the crime gets affected. There would be children and elderly in those families. We then ensure that they get food and care. We also help poor people in need of legal help to find a suitable lawyer by getting the application form in the prescribed manner.”
Ideally, every Taluk Legal Services Committee (TLSC) and District Legal Services Authority (DLSA) shall have a panel of 25 and 50 PLVs, respectively, at any point of time. However, Bareilly district has only 35 PLVs, who are paid Rs 400 per day for 20 days of work in a month. Even if they work the whole month, they get only this pay. PLV selection is based on the overall helping mentality of the candidates who are literate, preferably matriculation pass.
“You can easily spot them at a one stop centre, women’s police station and family conselling centre,” said Harvinder Kaur Chadha (56), a senior advocate at the district court who also trains PLVs.
Dwivedi frequents Kila Police Station as part of her work, which does not have fixed hours. Sometimes, people in conflict approach her. At other times, she goes and finds out the cases on her own.
“You must have seen how people end up getting divorced over trivial matters or how people sue each other over small disputes. PLVs like me can really help in such instances. We make them sit and calmly explain how court proceedings would take up their time and incur huge expenses. Many people step away from litigation and are ready for a compromise once we intervene. Thus we play an important role in reducing the burden of cases in court. Besides, our intervention can prevent issues from snowballing into bigger crimes at a later stage,” Dwivedi explained.
Dwivedi has been into social service since her childhood, having followed the footsteps of her parents. "Our village Gangapur was home to people from economically weak backgrounds. The area had drug addicts, so fights were common. My uncle worked as a lawyer, so I was naturally inclined towards the field of law,” she noted.
Each case is different, so PLVs need to employ different approaches to resolve them. “Suppose a wife expects her husband to pay for her expenses and take her on trips, it is important to see if the husband is capable of fulfilling those needs. If he is a daily wage labourer, how can he fulfil those demands? We then make the wife understand the ground reality.”
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However, things can take a serious turn if we unearth incidents of domestic violence or even rape. A woman is more likely to open up to a woman PLV than a man. “If the issue is serious, we straightaway suggest approaching the police. If the victim cannot afford a lawyer, we try to get one from the panel of advocates under the DLSA. This lawyer will then take the matter forward,” Dwivedi said.
The duties of PLVs go beyond problem solving. When a person in their locality is arrested, the PLV concerned shall visit the police station and ensure that the person receives necessary legal assistance. The PLV shall promptly inform the TLSC on noticing transgressions of laws or acts of injustice in their area of operation.
PLVs shall inform people about the free legal services of TLSC, DLSA etc., so that they can make use of these services whenever required. They shall also educate people about their constitutionally and statutorily guaranteed rights, and the right to live with dignity.
PLVs shall, with proper authorisation from DLSA/TLSC, visit jails, lockups, psychiatric hospitals, children’s homes/observation homes, and shall ascertain the legal service needs of the inmates and intimate the authorities concerned about any absence noticed of basic essential necessities with special emphasis on hygiene.
Dwivedi has not had the experience of visiting a jail so far, but she has been to observation homes of children. “For this, we get permission easily and have full support and guidance from the administration. We write complaints to them regarding children's issues,” she said.
Dwivedi has noticed that children get entangled in cases they have no connection with. She narrated the case of a boy aged 15, who was charged under Sections 303 (3) and 317 of the Bharatiya Nyaya Samhita for theft. She said he was clueless about the sections charged or the future course of action when she met him at the observation home.
The boy hailing from Farukhpur village had to stay in an observation home for two months, and was released on bail on October 9. When asked about the incident, the boy told 101Reporters that some people had called him for work and he went to the worksite. “I was told to load pumpkins in a trolley. I did not know then that these were stolen items," he added.
The children lodged in observation homes miss their homes, so a PLV's motherly care is something that they always look forward to. “I feel very good when children sometimes call me ‘aunt’,” Dwivedi added.
PLVs are trained at Bareilly district court for seven days every year. In accordance with the curriculum prescribed by National Legal Services Authority, PLVs undergo orientation programme, basic training and refresher course.
Though PLVs are paid less, they often have to bear the food and transportation expenses of the victim, as they approach the matter from a humane angle. She cited the case of Madhu Sharma (56), who was beaten up by a baba (spiritual guru). She had gifted a portion of her property to the baba, who took offence when he could not take possession of the land the day he visited the place due to some confusion. The angry baba then beat up the women in such a way that she suffered brain injury.
"She went through so much that we had to arrange food for her. She was shifted to a dharamshala [shelter], where the rent was Rs 60 per day. After this, we thought of admitting her in an old age home, but that did not work out as she was less than 60 years of age. I then approached Ajay Kumar Shahi, Additional District and Sessions Judge, Bareilly. Taking note, he informed the district magistrate, who made arrangements for the woman's stay at a one stop centre," Dwivedi detailed.
The work of PLV is till the case reaches the court, as there is no way they can persuade the parties or resolve the dispute at that stage. However, in serious crimes like rape, domestic violence, or molestation, they do not have a role from the beginning itself as there is no question of compromise in such cases. [101Reporters/VS]
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