'Access To Justice For All': Kerala Legal Services Authority Launches 'Child Legal Assistance Program', Project SAMVADA & Victim Rights Centre

Navya Benny & Tellmy Jolly

8 Nov 2023 5:47 AM GMT

  • Access To Justice For All: Kerala Legal Services Authority Launches Child Legal Assistance Program, Project SAMVADA & Victim Rights Centre

    Three Projects were launched under the aegis of the Kerala State Legal Services Authority (KeLSA), at the High Court Auditorium on Tuesday- the Child Legal Assistance Program (CLAP), Project SAMVADA, and the Victim Rights Centre (VRC). Speaking about the Projects which are his 'brain children', Justice A. Muhamed Mustaque, the Executive Chairman of KeLSA said, "KELSA is an authority run...

    Three Projects were launched under the aegis of the Kerala State Legal Services Authority (KeLSA), at the High Court Auditorium on Tuesday- the Child Legal Assistance Program (CLAP), Project SAMVADA, and the Victim Rights Centre (VRC). 

    Speaking about the Projects which are his 'brain children', Justice A. Muhamed Mustaque, the Executive Chairman of KeLSA said, "KELSA is an authority run for providing services to those who cannot afford mainstream formal justice"

    Remarking that the formal justice system often emphasizes upon procedures, thus being unable to provide justice delivery, Justice Mustaque emphasized that KeLSA enables such people who cannot access mainstream judicial services, to obtain justice. 

    On officially inaugurating the Projects, Chief Justice Ashish J. Desai remarked that 'Access for Justice for all' is the motto of legal services in the country, and added that the three Schemes aim to do the same. 

    Justice A.K. Jayasankaran Nambiar, who delivered the Special Address was fortified in his view that the judiciary, as the guardians of the Constitution, often steps in when the legislature and executive failed to do their duties. Justice Nambiar remarked that the same could not thus be termed as an 'encroachment' by the Judiciary, but that it is instrumental in giving direction and legal aid to citizens. 

    During his Keynote Address, Justice P.B. Suresh Kumar, the Chairman of the High Court Legal Services Committee, stated that the Projects launched were intended to achieve justice, and not just to provide legal aid, and inculcate legal awareness. 

    Child Legal Assistance Program (CLAP)

    Inaugurating the Project, Justice C.S. Dias said that CLAP had first been introduced through a Division Bench judgment rendered by Justice Mustaque and Justice Sophy Thomas. 

    CLAP finds its inception in the suggestion given by the Project Coordinator of VRC and the Amicus Curiae in that case Advocate Parvathi Menon, for the formulation of an 'Independent Children Lawyers (ICL) Scheme' by the Legal Services Authorities in the country, whereby lawyers could extend pro bono services to and represent the best interests of a child, which was accepted by the Bench. 

    The Program thus envisages 'Child Support Lawyers' to be appointed in custody matters and in all litigations involving child rights. These lawyers shall be empanelled through a selection process prescribed by KELSA. 

    CLAP also extends psychological support to children in order to enable them to express their views and concerns so that the judiciary and the concerned authorities could take decisions to secure the paramount welfare and best interest of the children in the litigation.

    Project SAMVADA 

    Following the motto 'Catch Them Young, Watch Them Grow', Project SAMVADA aims to inculcate value based, civic sense in school students and mould them into responsible citizens of the Country. 

    The Project targets school students from Grades 8-12, affiliated to all Boards. The students are given a guided tour of the High Court, and a 45 minute module presentation on lessons of law by resource persons who are lawyers and trained for the same. 

    The module is prepared on the basis of a syllabi which include Constitution, crimes and punishment, hierarchy of courts, history of the Kerala High Court, environmental laws, traffic rules, Senior citizens Act, Juvenile Justice Act, Right to Information Act, Cyber crimes, Alternate Dispute Resolution and peer mediation. The students are also granted a short interaction with the judges, presented with a badge of honour which bears a tag line, "I am a civic citizen". 

    Justice Bechu Kurian Thomas who inaugurated the Project emphasized upon the importance of the same at a time when young minds get their information and impression about the Courts and the law from movies.

    Stating that he had benefitted from direct interaction with Courts himself, Justice Thomas said, "From grades 5-10, I was in court, walking through Court halls. This was what inspired me to take up law. The persons who walk the halls today may be future Palkhivalas and Chandrachuds"

    Victim Rights Centre (VRC)

    VRC is a platform to ensure access to justice and fair treatment of victims, and renders pro bono services for such persons. 

    A 'victim' as per VRC guidelines is a woman/child/ transgender who is a victim of circumstances. It functions with the pro bono services of women lawyers, NGOs approved by KeLSA and with active support of Government service providers , Police and Kerala Women’s Commission. It extends legal aid to victims and emotional support by way of counselling and psychological intervention with the help of qualified psychologists and social workers attached to the approved NGOs.

    Two Schemes envisaged under the VRC include:

    A. Prison Mentoring Scheme: VRC has been instrumental in mentoring women convicts in the prisons of the State for the past two years. Each mentoring team consist of two women lawyers, one social worker and one psychologist, along with law and psychology students. 

    The Scheme focuses on equipping the convicts to re-enter the society with confidence for which the team provides emotional support and rehabilitation, if required.

    In his Inaugural Address, Justice Mustaque reflected upon how his interaction with the inmates of Viyyur prison had caused him to realize that the convicts had lost hope of being welcomed back in society. "But VRC attempts to give them hope. It is hope for everyone," he added. 

    B. Sexual Assault Survivor Scheme (SAS): The SAS which functions with the help of lawyers and psychologists provides shelter to survivors at times of emergent need. The main aim of VRC through this Scheme is to re-integrate survivors in society, and not just to rehabilitate them. 

    While formally launching VRC, Justice Shoba Annamma Eapen emphasized that the Project attempts reintegration of the focus group in society devoid of any stigma. 

    It is noted that VRC has been under the aegis of KeLSA since January, 2022 and is presently included in the NALSA scheme for victim protection, and is now being extended to the entire State. 

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