INTERNSHIP REPORT

DISTRICT LEGAL SERVICES AUTHORITY, SOUTH 24 PARGANAS (ALIPORE)

Organised By
STATE LEGAL SERVICES AUTHORITY, WEST BENGAL

Report Submitted By
Koninika Bhattacharjee
5th Year Student,
B.A. LL.B. (Hons.)
Christ University, Bangalore
 ACKNOWLEDGEMENT

This is to acknowledge my tenure I had with the District Legal Services Authority (DLSA).
Alipore, South 24 Parganas organised by State Legal Services Authority (SLSA), West Bengal
was a great chance for leaming and professional development. Therefore, I consider myself as
a lucky individual as I was provided with an opportunity to be a part of it. I am also grateful
for having a chance to meet so many wonderful people and professionals who led me through
this internship period.

I am using this opportunity to express my deepest gratitude and special thanks to the Subhra
Kanti Dhar, Secretary of SLSA, and Abhijit Som, Chairman of DLSA, who whole heartedly
gave us an opportunity and guided us to the correct path and allowing us to learn legal
procedures.

I express my deepest thanks to the Respective Staffs of DLSA, Alipore, South 24 Parganas,
who arranged all facilities and spent time with us to make our internship effective. It is my
radiant sentiment to place on record my best regards to all my co-inters who had made the
internship period warm and fun. I perceive as this opportunity as a big milestone in my career
I will strive to use gained skills and knowledge in the best possible way, and I will continue to
work on their improvement. Hope to continue cooperation with all of you in the future.

Signature

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 INDEX

CONTENT PAGE NO.

1. Introduction 5
2. Visit - Day 1: DLSA Office (Alipore - South 24 Parganas) 6
3. Visit - Day 2: Asha Bhawan Centre, CCI - Children’s Home - 26
South 24 Parganas
4. Visit - Day 3: DLSA Sealdah Office (Lockup and Record Room 65
Visits)
Visit - Day 4: Juvenile Justice Board, South 24 Parganas 76
Visit - Day 5: Calcutta National Medical College (Pavlov Mental 83
Hospital)
Visit - Day 6: Mediation at DLSA Alipore Office 92
3. Conclusion 95

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 INTRODUCTION

Within the dynamic landscape of South 24 Parganas district, nestled in the administrative
nucleus of Alipore, stands the venerable institution of the District Legal Services Authority
(DLSA). Under the stewardship of Smt. Chaitali Chatterjee Das, Chairperson of DLSA, South
24 Parganas, and the diligent oversight of Sri Subhra Kanti Dhar, its esteemed Secretary, the
authority embodies the constitutional imperatives of equality, life, and liberty.

The narrative begins with our deployment to DLSA South 24 Parganas (Alipore) – Ms.
Subhadeepa Sen, Ms. Koninika Bhattacharjee, Mr. Kanad Chatterjee, and Mr. Rishav Ray –
by the State Legal Services Authority of West Bengal, tasked with a 42-hour fieldwork
immersion alongside the DLSA. This endeavour signifies a symbiotic convergence of
academic pursuit and practical engagement, fostering a deeper understanding of legal aid
mechanisms within the fabric of society.

Over the span of four days, the four of us embarked on a comprehensive exploration of legal
aid provisioning, traversing diverse locales and engaging with a spectrum of stakeholders.
From the precincts of legal aid clinics to the hinterlands of village outreach initiatives, our
journey epitomised a commitment to experiential learning and community service.

In the ensuing sections of this report, we endeavour to encapsulate the nuanced experiences
and insights garnered during our visitations. Through a lens of academic rigour and
introspection, we delve into the intricacies of legal empowerment, alternative dispute resolution
mechanisms, and the transformative potential inherent within legal activism.

As we navigate through this report, we uncover the intersections of theory and praxis,
witnessing the confluence of legal doctrine with lived realities. Each anecdote, each encounter,
serves as a poignant reminder of the enduring relevance of legal education in shaping equitable
societies.

In essence, this report serves as a testament to the enduring ethos of justice, equity, and
empowerment that animates the endeavours of the DLSA, South 24 Parganas. Through the lens
of academic inquiry, we seek to illuminate the path towards a more inclusive and just society,
where the promise of legal empowerment is realised by all.

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 DLSA VISIT - DAY 1: DLSA OFFICE (ALIPORE - SOUTH 24 PARGANAS)

Exploring DLSA Alipore: An Overview

During our first visit to the DLSA Alipore Office situated at Judge's Court Compound, 18
Judges' Court Road, Alipore, Kolkata-27, we were exposed to a multifaceted array of legal
proceedings and organisational functions. One notable encounter pertained to a property
dispute case concerning the Chetla locality, with the complainant identified as Debarati
Chatterjee, hailing from 42/B, Chetla Road, near Chetla Thana, and belonging to the general
caste category. The interaction with the DLSA officer, POC Samir Das, revealed the
standardised approach adopted in gathering essential details, including demographic and caste-
related information, in accordance with established procedural norms.

Evolution of DLSA Alipore and Legal Aid Provisioning

Subsequently, Samir Das provided us with a comprehensive overview encompassing the

historical evolution, operational modalities, and the typology of cases handled by the DLSA
Alipore. Originating in 1987, the DLSA initially rendered legal aid through house-based
interventions and individualised lok adalats. The evolution of its mandate over the years
reflects a dynamic response to the evolving legal landscape and societal exigencies.

Role of Legal Services Authorities in Indian Legal Framework

Furthermore, our engagement shed light on the broader context of legal aid provisioning within
the Indian legal framework. The deliberations highlighted the critical role played by Legal
Services Authorities in extending legal assistance to accused individuals, particularly those in
custody, in consonance with the stipulations delineated in the Legal Services Authorities Act,
1987. The insights garnered during discussions underscored the imperative of enhancing access
to justice, as underscored by the recommendations articulated by the Department Related
Parliamentary Standing Committee (DPRSC) on Personal, Public Grievances, Law, and
Justice.

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Initiatives for Bolstering Legal Aid Delivery Mechanisms

Moreover, the discourse encompassed a strategic delineation of initiatives aimed at bolstering

the efficacy of legal aid delivery mechanisms. The proposal to pilot the 'Legal Aid Defence
Counsel System' (LADCS) in select districts underscores a proactive endeavour to augment
legal aid accessibility and professionalism. The delineation of requisite infrastructure and
human resource parameters delineates a blueprint for operationalizing the envisioned legal aid
paradigm shift. This system, inspired by models from various countries, involves the
engagement of legal aid defence counsels on a contract basis, subject to fair and transparent
selection processes based on merit and experience.

Selection Criteria and Role of Legal Aid Defence Counsels

The eligibility criteria for key positions within the LADCS, such as Chief Legal Aid Defence
Counsel and Deputy Chief Legal Aid Defence Counsel, emphasise substantial experience in
criminal law practice, excellent communication skills, ethical understanding, and leadership
capabilities. These individuals play pivotal roles in ensuring effective legal aid delivery to
marginalised sections of society. Central to the envisaged reforms is the emphasis on a
transparent and meritocratic selection process for legal aid defence counsels, premised on
robust criteria encompassing qualifications, experience, and ethical acumen. The envisaged
engagement of legal professionals on a contractual basis underscores a commitment to
fostering accountability and performance-driven outcomes within the legal aid ecosystem.

Hierarchical Framework of Legal Services Authorities

The District Legal Services Authority (DLSA) operates within a hierarchical framework
comprising the National Legal Services Authority (NLSA), State Legal Services Authority
(SLSA), and DLSA. DLSA Alipore, situated in Kolkata-27, further divides its jurisdiction into
three sub-divisions: Baruipur, Diamond Harbour, and Kakdwip.

Efficiency and Functioning of District Legal Services Authority (DLSA)

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Each bench of the DLSA comprises a lawyer, a judge, and two staff members, forming a
cohesive team dedicated to the administration of justice and the provision of legal assistance
to those in need. This organisational structure facilitates the efficient handling of cases and
ensures that individuals receive comprehensive support throughout the legal process.

Role of DLSA in Indian Legal System

The District Legal Services Authority (DLSA) plays a pivotal role in the Indian legal system
by facilitating the settlement of cases through the Lok Adalat, a form of alternative dispute
resolution. One of the most remarkable aspects of DLSA's functioning is its ability to settle
cases within a relatively short time frame. On average, it takes just six months for cases to be
resolved, a testament to the efficiency and effectiveness of the system.

Instrumentality of Lok Adalat Benches

The Lok Adalat benches, which are part of the DLSA, are instrumental in achieving this quick
resolution. Each bench handles a significant number of cases simultaneously, typically between
40 to 50 cases at a time. This allows for a streamlined process that ensures a large number of
cases are disposed of in a relatively short period.

Regular Sessions and Swift Justice

The DLSA operates with a sense of urgency, recognizing the importance of swift justice. To
this end, it holds four Lok Adalat sessions every year, in March, June, August, and December.
This regular schedule ensures that cases are continuously addressed and resolved, preventing
any backlog from accumulating.

Diverse Range of Handled Cases

The types of cases handled by the DLSA, and the Lok Adalat are diverse, ranging from
accidents to issues related to the Motor Vehicles Act. Additionally, the DLSA is particularly
attentive to the needs of the handicapped, ensuring that their cases are given due consideration
and resolved in a timely manner.
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Role of DLSA Alipore

The District Legal Services Authority (DLSA) Alipore is not only a legal entity but also a
beacon of hope for those in need, including orphans and children in vulnerable situations.

Collaboration and Support

The DLSA Alipore works in collaboration with the Juvenile Justice (JJ) Board, ensuring that
the rights and welfare of children are protected. This partnership is particularly crucial for
children living in orphanages or other care facilities, as it provides them with legal
representation and support.

Support for Mental Health Patients

In addition to its work with orphanages and the JJ Board, the DLSA Alipore is also associated
with Pavlov Hospital. This partnership is significant as it allows for the provision of legal aid
to patients with psychiatric conditions, such as post-traumatic stress disorder (PTSD). The
DLSA recognizes the importance of legal aid in ensuring that individuals with mental health
issues receive the support and assistance they need.

Role of DLSA Alipore in Community Engagement

Furthermore, the DLSA Alipore operates clinics where various awareness programs are
conducted. For example, at the Gangasagar Mela, the DLSA Alipore set up three to four stalls
to provide information and assistance to visitors. Similarly, at book fairs, the DLSA Alipore
sets up stalls to promote legal awareness and provide information about its services.

Protection of Human Rights and Women's Rights

The DLSA Alipore also plays a crucial role in addressing human rights violations and
protecting women's rights. Through its legal aid clinics and awareness programs, the DLSA
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Alipore works to empower women and ensure that their rights are upheld. This includes
providing legal representation to victims of domestic violence and other forms of abuse.

Focus on Protection of Children

Another important area of focus for the DLSA Alipore is cases under the Protection of Children
from Sexual Offences (POCSO) Act. The DLSA Alipore works closely with the Child Welfare
Officer to ensure that children who are victims of sexual abuse receive the necessary support
and protection. This includes deciding on which homes the child will stay in, ensuring that they
are placed in safe and supportive environments.

Multifaceted Approach to Legal Aid

The DLSA Alipore is a multifaceted organization that provides legal aid and support to a wide
range of individuals and communities. Through its partnerships with orphanages, hospitals,
and other organizations, the DLSA Alipore works to ensure that the rights and welfare of
vulnerable individuals, including children and women, are protected.

Establishment of Legal Aid Defence Counsel System

The Legal Aid Defence Counsel (LADC) initiative has been a significant development in the
realm of legal services, particularly in the state of West Bengal. This essay aims to delve into
the key aspects of the LADC, its establishment, recruitment process, and the impact it has had
on the legal landscape.

Purpose of LADC

The LADC was introduced in response to the need for legal representation for underprivileged
individuals, particularly those who are accused of crimes and cannot afford private counsel. It
operates under the State Legal Services Authority (SLSA) and has been rolled out in 12 to 15
districts across West Bengal. One such LADC office is situated in Alipore, Kolkata.

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Recruitment Process

Recruitment for the LADC is conducted in accordance with the rules set by the SLSA.
Candidates are required to have prior work experience in litigation, and the selection process
involves written exams and interviews, similar to those conducted by the Public Service
Commission. The number of candidates appearing for the exam is typically around 150.

Impact and Importance

The establishment of the LADC has been crucial in ensuring access to justice for
underprivileged individuals, particularly those facing criminal charges. By providing
competent legal representation, the LADC aims to uphold the rights of the accused and ensure
fair treatment within the legal system. It has provided a platform for underprivileged
individuals to access legal representation, ensuring that their rights are protected and that they
receive a fair trial. This is particularly crucial for those who are incarcerated and facing criminal
charges, as they may not have the means to hire private counsel. Furthermore, the LADC has
helped alleviate the burden on the judiciary by providing legal aid to those in need. This has
resulted in a more efficient legal system, with cases being resolved in a timely manner.
Additionally, the LADC has contributed to the overall goal of promoting access to justice for
all, regardless of socio-economic status. The Legal Aid Defence Counsel initiative has been a
significant step forward in ensuring access to justice for underprivileged individuals in West
Bengal. It has provided legal representation to those who cannot afford private counsel,
ensuring that their rights are protected and that they receive a fair trial. The establishment of
the LADC has had a positive impact on the legal landscape, contributing to a more efficient
and accessible legal system.

The Legal Aid Defence Counsel (LADC) initiative in West Bengal has significantly improved
access to justice for underprivileged individuals, particularly in cases involving Central
Government Ministries (CGM) or State Government Ministries (SGM). In Bengal, the LADC
handles demand files for CGM and SGM matters, which are overseen by Tapas and Partha,
respectively. Additionally, Jayanta, an LADC Counsel, handles demand files for the Protection
of Children from Sexual Offences (POCSO) court. The LADC has been established in most
districts of West Bengal, ensuring that individuals across the state have access to legal

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representation. However, it's important to note that sub-division courts cannot be filed under
the LADC, as they fall under a different jurisdiction.

Overall, the LADC initiative has played a crucial role in providing legal aid and representation
to underprivileged individuals in West Bengal, particularly in cases involving CGM, SGM, and
POCSO matters.

Overview of Bail Application Hearing

The bail application hearing in the context of a POCSO (Protection of Children from Sexual
Offences) case is a critical legal proceeding where the court assesses the merits of granting bail
to an accused individual.

In a recent instance, the judge adjudicated the bail application based on the evidence presented
by the Prosecution Witness 2 (PW-2). This evidence pertained to the alleged sexual harassment
of a child and the accused's purported intention to unlawfully acquire property.

During the hearing, the defence expressed a keen interest in proceeding to trial, highlighting
the importance of due process. However, a significant challenge emerged as the witness, crucial
to the prosecution's case, was evading trial, which impeded the progress of the case.
Additionally, the respondent, in a counter-allegation, accused a 3-year-old child, which was
contested during the bail application.

In the context of medical evidence, it is noteworthy that Section 6 of the POCSO Act allows
for the submission of medical evidence of a child below the age of 12 years. This provision is
crucial in cases involving sexual offences against minors, as it aids in establishing the veracity
of the allegations and ensuring justice for the victim.

The presiding judge, after a thorough examination of the evidence and arguments presented,
concluded that the case made out by the prosecution was baseless and that the accused was
being unjustly targeted. The judge expressed concern over the lack of substantial progress in
the case and directed the prosecution to ensure the attendance of the witness, who is the mother
of the child, along with a vakalatnama (a legal document authorizing an attorney to represent
a client) for the next hearing.

In summary, the bail application hearing in this POCSO case underscores the complexities and
challenges involved in adjudicating cases of sexual offences against minors. It highlights the

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importance of due process, the role of medical evidence, and the need for effective witness
management to ensure a fair and expeditious trial.

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Pictures from Day 1 Visit:

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 DLSA VISIT - DAY 2: ASHA BHAWAN CENTRE, CCI - CHILDREN’S HOME -
SOUTH 24 PARGANAS

Introduction to the Children's Home for Girls with Special Needs

The Childcare Institution known as the Children's Home for Girls with Special Needs (CWSN)
is situated in the village of Keoradanga, with its postal address at P.O: Betberia, P.S.:
Bishnupur, in the South 24 Parganas district of West Bengal, India. This institution serves as a
haven for girls with special needs, providing them with care and support tailored to their unique
requirements.

Inauguration and Leadership

The inauguration of this institution took place on May 9th, 2016, under the auspices of Smt.
Sukeshi Barui, who serves as the Chief Functionary cum Secretary of the Asha Bhavan Centre.
Her leadership and dedication have been instrumental in the establishment and operation of
this facility, which plays a vital role in meeting the needs of vulnerable girls within the
community.

Mission and Vision

Located amidst the serene surroundings of Keoradanga village, the Children's Home serves as
a sanctuary where girls with special needs can thrive and receive the attention and assistance
they deserve. The institution is committed to promoting their well-being and ensuring they lead
fulfilling lives despite their challenges. Through compassionate care and specialised programs,
it aims to empower these girls and enable them to realize their full potential.

Community Support and Values

With its address provided for reference, the Children's Home stands as a testament to the
collective effort and commitment towards providing a nurturing environment for vulnerable
children, reflecting the values of compassion, inclusivity, and support within the community.

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Entitlement to Free Legal Assistance

Notably, certain categories of individuals are entitled to receive legal aid from the Legal
Services Authority without charge. These categories include women, children, members of
Scheduled Castes or Scheduled Tribes, industrial workers, victims of illegal trafficking,
mentally or physically disabled individuals, and those affected by natural calamities or
disasters. Moreover, individuals under the custody of protective homes or correctional
institutions, as well as those with annual incomes below specified thresholds, are also eligible
for free legal assistance.

Accessing Legal Aid Services

The District Legal Services Authority (DLSA) in Alipore, South 24 Parganas, serves as a
primary point of contact for accessing such legal aid. Situated within the District Judge Court
Premises on 18 Judges Court Road, Kolkata-700027, the DLSA Alipore can be reached via
phone, fax, or email, with contact details provided as (033) 2439-8754 and

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disasouth24pgns@gmail.com, respectively. Additionally, information regarding legal aid
services is available on the DLSA Alipore website: www.disasouthpgns.org.

Sub-Divisional Legal Services Authorities

For individuals residing in different subdivisions within South 24 Parganas, Sub-Divisional

Legal Services Authorities are also available to provide assistance. These include the Baruipur
Sub-District, Diamond Harbor Subdivision, and Kakdwip Sub-Division, each led by
Additional District and Sessions Judges. Contact information for each subdivision is provided
for easy accessibility, enabling individuals to seek legal aid services tailored to their specific
needs.

Utilizing Lok Adalat

Furthermore, individuals are encouraged to utilize Lok Adalat, a forum for resolving disputes
through litigation or settlement with the assistance of trained mediators. This alternative dispute
resolution mechanism offers a timely and effective means of addressing legal issues, ensuring
equitable outcomes for all parties involved.

Vision of Asha Bhavan Centre

The vision of Asha Bhavan Centre encapsulates its overarching mission and commitment to
serving marginalized communities. With a focus on upholding dignity, equity, and self-
confidence, the organization strives to be a beacon of hope and empowerment within society.
Asha Bhavan Centre envisions a future where every individual, regardless of their background
or circumstances, is treated with dignity and respect. By promoting equity and inclusivity, the
organization seeks to create a society where everyone has equal opportunities to thrive and
succeed.

Fostering Self-Confidence

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Central to its vision is the belief in fostering self-confidence among marginalized communities.
By empowering individuals to believe in themselves and their abilities, Asha Bhavan Centre
aims to break down barriers and create pathways to success.

Initiatives and Programs

Through its initiatives and programs, the organization endeavours to bring about positive
change and transformation in the lives of those it serves. By championing the principles of
dignity, equity, and self-confidence, Asha Bhavan Centre aspires to create a more just,
compassionate, and inclusive society for all.

Child Care Institution

The Child Care Institution, established in 2016, provides shelter and care exclusively for girls,
with a current occupancy of 37 out of 100 available spaces. This institution offers refuge to
physically and mentally handicapped victims, ensuring their safety and well-being within a
supportive environment.

Support and Collaboration

Operated with the assistance of 25 dedicated staff members, the institution receives support
from Foundation Lumilo, Switzerland, and Asha Bengal Trust. This collaborative effort
enables the institution to fulfill its mission of providing holistic care and support to vulnerable
girls.

Promoting Self-Sufficiency

In addition to shelter and care, the institution focuses on promoting self-sufficiency and
sustainability. To this end, seasonal vegetables are cultivated within the premises, ensuring that
the girls have access to fresh and nutritious produce. Furthermore, a cow farm within the
institution facilitates milk production, with 12 cows contributing to this endeavor.

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Fish Farming Initiative

Moreover, the institution boasts a fish farm, where freshwater fishes such as rohu, katla, bata,
charapona, puti, and kalbosh are raised. This initiative not only enhances the nutritional
diversity of the girls' diets but also serves as an educational and vocational opportunity,
imparting valuable skills in animal husbandry and aquaculture. Overall, these efforts
underscore the institution's commitment to providing a nurturing and sustainable environment
for the girls under its care.

Dedicated Team at Asha Bhavan - Amtala

At Asha Bhavan - Amtala, a dedicated team of professionals works tirelessly to provide

comprehensive care and support to the residents. The staff members play vital roles in ensuring
the well-being and development of the individuals under their care.

1. Local Child Protection Officer (LCPO): Mr. Abaniranjan Halder

2. Counsellor: Ms. Pallavi Kole
3. Physiotherapist: Ms. Jayanti Ray
4. Special Educator: Ms. Mitali Samanta
5. Superintendent: Ms. Sumana Maiti

Other staff members include:

1. Child Welfare Officer: Ms. Aditi Pal

2. Accountant: Mr. Prashanto Sahu
3. House Mothers: Two
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 4. Helpers: Two

Dedicated Team and Holistic Care

Each member of the team brings unique skills and expertise to their respective roles,
contributing to the holistic care and development of the residents. Their dedication and
commitment play a crucial role in creating a nurturing and supportive environment for all
individuals at Asha Bhavan - Amtala.

Education Rights and Support

Children residing in Asha Bhavan are entitled to education under the Right to Education Act.
This legislation mandates that children with disabilities must be enrolled in formal schools. To
facilitate this process, Asha Bhavan ensures that each child is admitted to a suitable educational
institution in compliance with the law.

Scholarship Assistance and Financial Management

Furthermore, children with disabilities are eligible for scholarships under specific quotas. Asha
Bhavan assists in securing these scholarships, with the funds being credited to individual bank
accounts maintained by the institution on behalf of the children. This ensures that the financial
support intended for the children's education is appropriately managed and utilised for their
benefit. By adhering to these provisions, Asha Bhavan promotes inclusive education and
supports the educational advancement of children with disabilities.

Diverse Challenges and Circumstances

At Asha Bhavan, the children in residence encompass a diverse spectrum of challenges and
circumstances, reflecting the complexities inherent in their backgrounds. Among them,
locomotive disabilities manifest in various forms, ranging from partial paralysis due to birth
complications to societal pressures and norms that exacerbate their conditions.

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Special Considerations for Mental Health

According to ministry guidelines, children whose mental illness surpasses 40% fall under the
category of mental retardation, rendering them eligible for special considerations and support
under the disability quota. This classification underscores the recognition of their unique needs
and the imperative to provide tailored assistance to facilitate their well-being and development.

Support for Deaf and Mute Children

Moreover, Asha Bhavan accommodates children who are deaf and mute, many of whom have
been abandoned, kidnapped, trafficked, or subjected to the trauma of sexual assault. These
vulnerable individuals face profound challenges stemming from their circumstances,
necessitating specialised care and interventions to address their physical, emotional, and
psychological needs effectively.

A Haven for Vulnerable Children

In essence, Asha Bhavan serves as a haven for children grappling with a myriad of adversities,
ranging from physical disabilities to profound psychological trauma. Through its holistic
approach to care and support, the institution endeavours to provide a nurturing environment
where these children can heal, thrive, and ultimately reclaim their sense of dignity and
belonging in society.

Alignment with Government Policies and Legal Considerations

The eligibility criteria and operational framework of Asha Bhavan, a pivotal institution catering
to the welfare of marginalised children, are intricately linked to various governmental policies
and legal considerations. An essential aspect of Asha Bhavan's functioning revolves around its
eligibility criteria, which dictate the parameters for admission and participation in its programs.

Regulation of Foreign-Funded NGOs

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Notably, foreign-funded NGOs are precluded from direct involvement with Asha Bhavan,
aligning with regulations that safeguard against undue influence or external interference in its
operations.

Mission Batshalyo and ICPS

To qualify for admission to Asha Bhavan, prospective beneficiaries must meet the stipulated
conditions outlined by Mission Batshalyo, a landmark initiative launched in April 2022 as part
of the Integrated Child Protection Scheme (ICPS) project spearheaded by the West Bengal
government. This initiative underscores the collaborative effort between the state and central
governments, alongside NGOs, as key stakeholders in establishing and sustaining institutions
like Asha Bhavan.

PAV Approval and Regulatory Compliance

Furthermore, Asha Bhavan holds the distinction of being a PAV (Pre-Approved Validated)
approved home under the IT Act, underscoring its compliance with regulatory frameworks
governing charitable institutions and non-profit organisations. This accreditation not only
enhances the institution's credibility but also reaffirms its commitment to transparency,
accountability, and ethical conduct in its operations.

Role of the Legal Cum Probationary Officer

Within Asha Bhavan, the role of the Legal Cum Probationary Officer (LCPO), exemplified by
Mr. Abaniranjan Halder, assumes paramount importance in navigating the complex legal
landscape surrounding child welfare and protection. Through interactions with Mr. Halder,
insights into the nuanced distinction between the practical application of legal principles and
the theoretical framework underpinning law degrees emerge.

Importance of Paralegalship

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Moreover, Mr. Halder elucidates the pivotal role of paralegalship in bridging these realms,
emphasising its significance in facilitating access to justice, safeguarding rights, and promoting
legal literacy among vulnerable populations.

Commitment to Rights and Well-being

In conclusion, Asha Bhavan's eligibility criteria, regulatory compliance, and legal oversight
underscore its commitment to upholding the rights and well-being of marginalised children.
By aligning with governmental policies, legal mandates, and ethical standards, Asha Bhavan
endeavours to serve as a beacon of hope and empowerment for the most vulnerable members
of society.

Establishment Criteria for Registered Homes

Registered homes constitute a significant segment of the residential care landscape, operating
with financial support derived from various sources, including donations, grants, and
fundraising initiatives. To be eligible for establishment as a registered home, stringent criteria
must be met to ensure compliance with regulatory standards and ethical norms.

NGO Track Record and Stability

Firstly, prospective NGOs seeking to establish registered homes must demonstrate a track
record of at least ten years in the field, signifying a sustained commitment to social welfare and
child protection endeavours. This criterion underscores the importance of organisational
stability and longevity in the provision of residential care services.

Contribution to Society

Additionally, NGOs aspiring to establish registered homes are required to showcase a tangible
contribution to society over the stipulated ten-year period, reflecting active engagement in
community development, advocacy, or service provision. This criterion emphasises the integral

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role of registered homes as community-based institutions dedicated to addressing societal
needs and promoting the welfare of marginalised populations, particularly children.

Government Audit Procedures

Furthermore, stringent government audit procedures, conducted annually, serve as a

mechanism for ensuring transparency, accountability, and compliance with regulatory
frameworks governing the operation of registered homes.

Distinct Features of PAV Approved Homes

In contrast, PAV approved homes represent a distinct category of residential care facilities
endorsed by the central government under the auspices of schemes like ICDS and ICPS. These
homes benefit from financial assistance and support extended by the central government,
facilitating their establishment and operation in alignment with prescribed guidelines and
standards.

Centralized Funding Mechanisms

The centralization of funding mechanisms ensures uniformity, consistency, and equitable

distribution of resources across approved homes, thereby enhancing the quality and scope of
services available to vulnerable children.

Role of State Approval

State approval plays a pivotal role in determining the nature and scope of residential homes
that can be established within a given jurisdiction. By exercising regulatory oversight and
issuing approvals based on established criteria, state authorities contribute to the effective
governance and regulation of residential care facilities, safeguarding the rights and interests of
children entrusted to their care.

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In essence, the establishment and operation of registered and PAV approved homes represent
concerted efforts to address the multifaceted needs of vulnerable children, providing them with
a safe, nurturing environment conducive to their holistic development and well-being.

Educational Approaches At Asha Bhavan

During our interaction with Ms. Sumana Maiti at Asha Bhavan, we gained insights into the
specialised educational approaches tailored to meet the diverse needs of children residing
within the facility. A spectrum of educational interventions is meticulously designed to address
the varying cognitive, developmental, and vocational requirements of the children, thereby
fostering their holistic growth and development.

1. Care Group: This educational track caters to children with limited or no cognitive
abilities, necessitating highly individualised and supportive interventions to promote
their well-being and functional independence within the care setting.
2. Primary 1: Children progressing through the Primary 1 curriculum receive foundational
education and skill-building activities tailored to their cognitive and developmental
capacities, laying the groundwork for future learning and academic advancement.
3. Primary 2: Building upon the foundational skills acquired in Primary 1, children
enrolled in the Primary 2 program engage in more advanced academic pursuits,
including literacy, numeracy, and social skills development, aimed at enhancing their
overall academic proficiency and social integration.
4. Pre-Vocational: This track focuses on equipping children with essential vocational
skills and competencies necessary for future employment and independent living,
preparing them for meaningful engagement in the workforce and broader community.
5. Vocational: The Vocational program offers specialised training and hands-on
experience in specific trades or occupations, empowering children to explore and
develop their talents and interests while acquiring practical skills relevant to their career
aspirations and personal goals.

Special educators at Asha Bhavan employ innovative teaching-learning methodologies (TLM)

tailored to the unique learning styles and needs of the children. These methodologies are
designed to facilitate active engagement, experiential learning, and skill acquisition, fostering
a supportive and inclusive learning environment conducive to the children's academic and
personal growth.
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In adherence to guidelines stipulated by ICDS (Integrated Child Development Services), it is
noted that special educators typically do not serve in residential capacities. However, Asha
Bhavan adopts a nuanced approach, recognizing the importance of consistent and trusted
relationships between children and staff members in fostering a sense of safety, security, and
belonging. By allowing certain educators to assume residential roles, Asha Bhavan prioritises
the emotional well-being and relational stability of the children, ensuring continuity of care
and a supportive environment conducive to their overall development and flourishing.

House mothers play a pivotal role in the nurturing and care of children at Asha Bhavan,
assuming responsibilities ranging from basic caregiving tasks such as clothing, feeding, and
grooming to providing essential emotional and psychological support. Their role transcends
mere caregiving to encompass the provision of a nurturing and supportive environment akin to
that of a familial setting. Within this framework, house mothers serve as maternal figures,
offering not only physical care but also emotional solace and guidance to the children under
their charge.

Unlike formal educational qualifications, the eligibility criteria for house mothers prioritise
qualities of sensitivity, empathy, and emotional resilience, which are deemed essential for
effectively meeting the diverse needs of the children. Rather than relying solely on academic
credentials, the selection process emphasises the presence of a compassionate and nurturing
disposition, ensuring that individuals chosen for these roles possess the requisite qualities to
establish meaningful and supportive relationships with the children.

With two house mothers and two helpers, Asha Bhavan ensures a balanced and conducive
caregiving environment wherein the children receive personalised attention and care. This
staffing structure enables the house mothers to engage with the children on an individualised
basis, addressing their unique needs and fostering a sense of security, trust, and belonging
within the residential setting. By embodying the role of surrogate mothers, these dedicated
caregivers play an instrumental role in shaping the holistic development and well-being of the
children, thereby creating a nurturing and supportive environment conducive to their growth
and flourishing.

Categorisation of Children at Asha Bhavan

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At Asha Bhavan, the children under care are categorised into three distinct groups based on
their mobility and physical capabilities: bedridden, wheelchair users, and those with limited
mobility who can walk to some extent. Each group requires tailored care and attention to
address their specific needs and challenges effectively.

Critical Developmental Phase

The developmental phase of these children, spanning from birth to eight years, is a critical
period characterised by significant milestones in physical, cognitive, and emotional growth.
However, for many children at Asha Bhavan, developmental progress may be impeded due to
various factors such as restrictive cognitive abilities and adverse familial circumstances.

Challenges in Nutrition and Hygiene

In particular, children may face challenges in receiving adequate nutrition, stemming from
impoverished family backgrounds or poor household conditions. Consequently, some children
may not be habituated to regular and nutritious meals, leading to deficiencies in essential
nutrients vital for their overall health and development.

Moreover, basic hygiene practices, including toilet training, pose a challenge for certain
children at Asha Bhavan. Due to a lack of prior exposure or guidance, some children may not
possess the necessary skills to perform basic tasks such as urination or defecation
independently.

Specialised Support and Intervention

Addressing these fundamental aspects of daily living requires specialised support and
intervention to ensure the holistic well-being and development of the children under care.
Through personalised care plans and targeted interventions, Asha Bhavan endeavours to
provide comprehensive support and assistance to each child, facilitating their growth,
independence, and overall quality of life.

Under the Juvenile Justice Act, children under the age of six years are not eligible to be
admitted to Asha Bhavan, which creates a significant gap in the system. Instead, these young
children are placed in sub-homes until they reach the age of six. This limitation highlights a

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loophole in the current framework, as it fails to address the needs of children in this age group
effectively.

Challenges in Healthcare Provision

Furthermore, there is a discrepancy in the approach towards children with operative diseases.
Despite their medical condition, these children are often directed to Child Welfare Services
(CWS) offices, which may not be equipped to address their specific healthcare needs. CWS
primarily focuses on addressing the mental and emotional well-being of children, rather than
providing medical treatment for operable diseases.

Case Illustration: Surgical Intervention

An illustrative incident recounted by Ms. Sumana Maiti sheds light on the challenges faced by
children with medical conditions. She narrated the case of a child who underwent surgery to
repair a 4.20 mm hole in the heart, a condition that had persisted since infancy. Despite the
child's medical history and need for ongoing care, they were placed in a government home to
facilitate visits from central government health workers for ultrasound examinations.

Need for Improved Healthcare Coordination

However, concerns were raised regarding the efficacy of government hospitals in delivering
adequate medical care to these children. The incident underscores the pressing need for
improved coordination and provision of medical services within the institutional framework,
ensuring that children with medical conditions receive timely and appropriate healthcare
interventions. Addressing these systemic challenges is paramount to safeguarding the health
and well-being of vulnerable children under state care.

Judicial Oversight and Medical Protocols

In cases where issues arise concerning the welfare of the children at Asha Bhavan, judicial
investigation is initiated under the purview of Ms. Sumana. She oversees these investigations

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to ensure accountability and adherence to legal protocols in safeguarding the rights and well-
being of the children under her care.

Adherence to Medical Protocols

One notable instance brought to light involved the administration of iron tablets to the children.
Despite the standard practice of providing iron supplements, there was a lapse in this protocol,
leading to a period of eight months where the children did not receive these essential
supplements. This discrepancy underscores the importance of strict adherence to medical
protocols and the need for vigilant oversight to prevent such oversights from occurring.

Judicial Review and Challenges

Furthermore, the judicial officer, Mr. Vibration Kishan, meticulously reviews the case files of
each child under his jurisdiction. This proactive approach ensures that he maintains
accountabilities for all matters pertaining to the children's records and ensures that any
discrepancies or concerns are promptly addressed.

Delays in Medical Procedures

However, challenges persist in expediting necessary medical procedures for the children.
Delays in scheduling operations, often exacerbated by the high demand for hospital beds, result
in significant waiting periods, sometimes up to eight months. Despite directives from the state
authorities, children at Asha Bhavan must endure prolonged waiting times, sometimes waiting
an additional two months before undergoing necessary surgical procedures at PG Hospital.
These delays underscore the urgent need for improved access to healthcare services and
streamlined processes to mitigate the impact of overcrowding and bureaucratic hurdles on the
timely delivery of medical care to vulnerable children.

Admission Process and Protocols

Upon admission to Asha Bhavan, Amtala, girl children undergo pregnancy tests (VDRL), a
practice not mandated by the state government. The absence of official identification for these
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children complicates the determination of their ages. Once approved by the Child Welfare
Committee (CWC), the children are admitted to Asha Bhavan.

Home Management Committee Meetings

Monthly Home Management Committee meetings are convened within the first 10 to 12
months of a child's stay. During these meetings, staff members estimate the ages of the children
based on their appearance and record this information. The committee also determines the
duration for which each child can remain at Asha Bhavan. If a child requires extended care,
Asha Bhavan seeks approval from the CWC. Additionally, the committee conducts counselling
sessions with the children to gather their medical histories and foster a sense of security and
trust within the facility.

Restricted Access and Admission Outcomes

It is imperative to note that access to Asha Bhavan is restricted, and entry is only permitted
with the permission of the CWC. This stringent protocol ensures that the safety and well-being
of the children are always prioritised.

The admission process at Asha Bhavans entails three potential outcomes for the children
involved, each with distinct implications. Firstly, a child may be categorised as a "leave child,"
indicating that they will remain in their home environment rather than being admitted to Asha
Bhavan. Secondly, a child may be classified as a "restored child," signifying their permanent
removal from Asha Bhavan. Finally, a child may be labelled as a "moved child," indicating
their transfer to a hospital for medical treatment.

Restoration Process and Stakeholder Involvement

The restoration of a child from Asha Bhavan to their home environment is contingent upon
approval from the Child Welfare Committee (CWC). This decision can be influenced by input
from various stakeholders, including family members, social workers, and child helplines. A
critical aspect of this process involves conducting a social investigation to assess the suitability
of the child's family environment for their return.

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Factors Considered in Social Investigation

Factors such as the family's capacity to care for the child and the child's age are taken into
consideration during this assessment. In cases where the child is below 18 years old and lacks
alternative housing options, extended stays at Asha Bhavan may be permitted.

Challenges in Adoption

Despite efforts to facilitate adoption for children in Asha Bhavans, the adoption rate remains
negligible, even among enrolled children. This is attributed to various factors, including
challenges faced by adoptive families in foreign countries, leading to the return of adopted
children to India.

Impact of Cognitive Abilities on Adoption

Additionally, psychometric tests conducted under the District Mental Health Programme
evaluate the cognitive abilities of children in Asha Bhavans. Children scoring below 72 points
on these tests are deemed to have below-average intellectual functioning, potentially impacting
their prospects for adoption and reintegration into mainstream society.

In summary, the admission and restoration processes at Asha Bhavans involve complex
considerations regarding the welfare and future prospects of the children in their care. While
efforts are made to facilitate family reunification and adoption, challenges such as suitability
of family environments and cognitive impairments present significant hurdles in achieving
positive outcomes for these vulnerable children.

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 DLSA VISIT - DAY 3: DLSA SEALDAH OFFICE

(LOCKUP AND RECORD ROOM VISITS)

During our visit to the DLSA Sealdah office on Day 3, we had the opportunity to explore the
intricate workings of the legal system in the context of railway board cases, as well as gain
insights into the meticulous management of legal records at the Government Record Section.
Our exploration began with a visit to the lockups where prisoners associated with railway board
cases were held in custody. Here, we witnessed the diligent efforts of para legal volunteers,
Ms. Lipika Mandol and Ms. Amita Pal, who engaged with the prisoners to ascertain their legal
needs and provide assistance where necessary. Standardised questions were posed to the
prisoners, including inquiries about their requirement for legal services, personal details such
as name, location, and father's name, as well as the possession of identification documents like
Aadhar card.

Among the individuals encountered during our visit was Md. Shadab, whose father's name was
recorded as Iqbal Khan. Notably, it was revealed that a total of 12 prisoners were detained in
relation to railway board cases. This encounter shed light on the diverse array of individuals
navigating the legal system, each with their own unique circumstances and legal requirements.

Following our visit to the lockups, we proceeded to the Government Record Section of the
Railway board, where we were greeted by the Government Record Officer, Mr. Arnab Dutta.
Mr. Dutta, who also serves as a police OC and Primary Investigating Officer for railway board
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cases, possesses a wealth of experience accumulated over 14 years. Within the confines of the
record room, we were provided with an in-depth understanding of the comprehensive archival
system in place to manage legal records pertaining to railway board cases.

The Government Record Section serves as the custodian of a vast repository of legal
documents, including those related to pre-trial, trial, and post-trial proceedings. From police
files to final orders of judgement, every aspect of the legal process is meticulously documented
and preserved within these walls. Mr. Dutta elaborated on the meticulous procedures involved
in preparing final memos of cases and their subsequent transmission to police stations, where
they remain for specified durations before further processing for appeals.

A notable aspect highlighted by Mr. Dutta was the enduring commitment to integrity and
diligence in record-keeping, encapsulated by the motto of the Government Record Section: to
ensure the absence of malpractice in maintaining records. This commitment is further
underscored by the longevity of the records housed within the section, some of which date back
to as early as 1998. Through our interaction with Mr. Dutta and our observations within the
record room, we gained a profound appreciation for the vital role played by meticulous record-
keeping in upholding the principles of justice and accountability within the legal system.

During our visit, we had the opportunity to tour the lockup facility where individuals awaiting
trial in the Second Class Judicial Magistrate (SCJM) court were detained. These detainees were
primarily involved in cases related to cheating and were awaiting trial in the session court. In
total, there were nine prisoners housed in this lockup at the time of our visit.

One of the detainees we encountered was Sharukh Mondal, whose father's name is Rahawat
Mondal, hailing from Dashing Gobindapur. His case, bearing number 34 and dated February
18, 2024, pertained to charges under Section 379 of the Indian Penal Code (IPC).
Accompanying him in the same case was another accused named Ahmad Ashraf, a resident of
Narkeldanga, whose contact number was provided as 8100823860.

It was observed that detainees in the lockup were restricted from providing thumb impressions
to lawyers in order to avail themselves of free legal aid services. The oversight and management
of the lockup, including prisoner counts and daily checks, were overseen by Sub Inspector
Tanuram Majhi. He, along with other police officers under his command, maintained the
necessary registers to ensure accurate record-keeping of detainee activities.

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Furthermore, the record room housing the files pertinent to these cases was under the
jurisdiction of Mr. Ajith Gayen, serving as Superintendent, and Mr. Ruben Sherpa, a constable,
alongside their respective team members. These officers were responsible for the systematic
organisation and maintenance of case files, ensuring accessibility and integrity of legal
documents associated with detainees in judicial or police custody.

It is worth noting that detainees held in judicial or police custody were mandated to return to
jail premises after 6:00 PM, highlighting the stringent protocols governing their confinement
and movement within the legal and law enforcement framework. This comprehensive system
of oversight and management underscores the importance placed on maintaining order and
security within the confines of the lockup facility.

During our exploration, we also learned about the composition and operations of the District
Legal Services Authority (DLSA) Sealdah, which boasted a team of four empanelled lawyers
and five staff members. Among these, Ms. Kavita Sarkar, serving as a Legal Aid Defense
Counsel, was present during our visit, while other lawyers rotated on a scheduled basis.

During our time at the DLSA Sealdah office, we encountered a petitioner named Samir
Priyadarshini, who sought legal advice regarding a matrimonial dispute concerning
maintenance payment. Despite already having legal representation, Mr. Priyadarshini opted to
seek assistance from the DLSA. However, it was noted that his case did not fall within the
eligibility criteria stipulated by the DLSA. Consequently, his claim was not registered by the
authority.

This instance highlighted the adherence of the DLSA to specific eligibility guidelines and its
commitment to providing legal aid services to individuals who meet the predetermined criteria.
Through this observation, we gained insights into the practical application of legal aid
provisions and the rigorous evaluation process undertaken by legal aid authorities to ensure
equitable access to justice for eligible individuals.

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 DLSA VISIT - DAY 4: JUVENILE JUSTICE BOARD, SOUTH 24 PARGANAS

Becoming a Paralegal Volunteer (PLV) at JJB

On the fourth day of our investigative journey, we ventured to the Juvenile Justice Board (JJB)
located in South 24 Parganas. Here, we had the opportunity to engage with Tinku Mandal, a
dedicated paralegal volunteer (PLV) who shed light on the process and criteria involved in
becoming a PLV at the JJB.

Application Process for PLVs

According to Ms. Mandal, individuals aspiring to serve as PLVs must undergo a structured
application process. This process typically entails filling out an application form, followed by
an interview and subsequent training. After completing the requisite training, prospective PLVs
are required to pass a recruitment test.

Eligibility Criteria

The initial placements for PLVs may involve assignments in Block Development Offices
(BDOs), Panchayats, or various levels of governance. Alternatively, individuals with a
graduate degree or legal background, supplemented by 3 to 4 months of training and a 6-month
interval, are eligible to apply for PLV positions. Additionally, lawyers interested in serving as
PLVs undergo specialised training, including participation in one-day workshops.

Role of Legal Aid Defence Counsels (LADCs)

During our visit to the JJB, we observed the presence of Legal Aid Defence Counsels (LADCs)
who attentively listened to the claims of petitioners. Notably, it was customary for lawyers to
remove their black coats upon entering the JJB premises, a gesture aimed at ensuring a non-
intimidating environment for juvenile offenders.

Contribution to Juvenile Justice System

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Our interaction with Ms. Mandal provided valuable insights into the recruitment and training
processes for PLVs at the JJB, highlighting the diverse pathways through which individuals
contribute to the juvenile justice system as dedicated volunteers and legal professionals.
Through their diligent efforts, PLVs and LADCs play pivotal roles in safeguarding the rights
and interests of juveniles within the legal framework of juvenile justice.

Engagement with Legal Professionals at LSA Office

During our visit to the Legal Services Authority (LSA) office in South 24 Parganas, we
encountered four empanelled lawyers actively engaged in their duties. These legal
professionals, namely Sapna Raychowdhury, Shyamal Brahma, Partha Sharathi Das, and
Nandita Nandy, were diligently attending to their responsibilities within the legal domain.

Seeking Legal Aid and Guidance

Our attention was drawn to the petitioner's claim presented by Santosh Kumar, son of Arun
Kumar, residing in Gramkahkarkit within the Nadia district. Mr. Kumar's presence at the LSA
office underscored the significance of legal aid and guidance sought by individuals from
diverse geographical regions within the jurisdiction of South 24 Parganas.

Overview of Cases Handled

During our interview with Mr. Moyazzen Hussain, the Principal Magistrate of the Juvenile
Justice Board (JJB), we delved into various aspects concerning the types and nature of cases
handled by the board.

Mr. Hussain provided insights into the diverse range of cases adjudicated by the JJB,
highlighting the board's jurisdiction over matters involving juveniles in conflict with the law.
These cases encompass a spectrum of offenses, including but not limited to petty theft,
vandalism, substance abuse, and violent crimes.

In adjudicating these cases, the JJB adopts a rehabilitative approach aimed at the reformation
and reintegration of juvenile offenders into society. This entails prioritising the best interests

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of the child while ensuring accountability for their actions through appropriate interventions
and sanctions.

As the Principal Magistrate, Mr. Hussain oversees the proceedings of the JJB and ensures
adherence to legal protocols and procedural safeguards. His role encompasses presiding over
hearings, reviewing case files, and issuing orders in accordance with relevant laws and
guidelines.

The JJB collaborates closely with various stakeholders, including social workers, legal aid
counsels, and probation officers, to formulate comprehensive rehabilitation plans tailored to
the individual needs of juvenile offenders. This multidisciplinary approach ensures holistic
support and supervision throughout the rehabilitation process.

Central to the JJB's mandate is the emphasis on rehabilitation rather than punitive measures.
Through counselling, vocational training, and educational programs, juvenile offenders are
provided with opportunities for personal growth and skill development, ultimately facilitating
their successful reintegration into society.

The insights shared by Mr. Hussain underscore the nuanced approach adopted by the JJB in
addressing juvenile delinquency, prioritising rehabilitation and reintegration while upholding
principles of justice and accountability.

1. Types of Cases:

The JJB primarily deals with grievous or serious offences committed by juveniles. Cases
involving heinous crimes, such as rape, murder, or other serious offenses, fall under the
jurisdiction of the JJB. Offenders aged between 16 to 18 years are eligible to be heard in the
JJB. However, there's a crucial consideration regarding the mental capacity of the offender to
comprehend the gravity of their actions. The magistrate is tasked with assessing whether the
child is rational enough to understand the nature of the offence they have committed.
Psychologists play a pivotal role in determining the cognitive capacity of the child through
medical assessments, including isometric tests, which provide valuable insights into the child's
mental state. The findings of these psychological evaluations hold significant weight as expert
opinions during the proceedings. In cases where the magistrate disagrees with the psych report,
careful consideration is exercised while opposing such expert opinions. Additionally, the
principle of "doli incapax" applies, which implies that children below 16 years are presumed
not to understand the consequences of their actions and are therefore exempted from legal

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liability. These insights shed light on the intricate process involved in adjudicating cases
involving juvenile offenders and underscore the importance of considering both legal and
psychological factors in ensuring fair and just outcomes within the juvenile justice system.

2. Case Disposition:

Over a span of six months, a considerable number of cases were heard and disposed of by
the JJB. Notably, none of the juveniles involved were found guilty, and all were pardoned due
to insufficient evidence to establish their culpability. This underscores the stringent evidentiary
standards applied within the JJB, where cases must be proven beyond a reasonable doubt to
ensure fair and just outcomes for juvenile offenders.

3. Sanction Process:

Juvenile offenders found culpable are typically sent to correctional homes for a duration of
less than 15 days, as highlighted by Advocate Ashok Majumdar. This emphasises the
rehabilitative approach adopted by the JJB, aiming to provide juveniles with the necessary
guidance and support to reintegrate into society positively. In cases where a juvenile offender
is found guilty by the Juvenile Justice Board (JJB), the typical sanction involves a period of
residence in a correctional home for a duration of three years. This period of detention is aimed
at providing the juvenile offender with structured rehabilitation and intervention programs
tailored to address their specific needs and circumstances. During their stay in the correctional
home, juveniles may undergo various educational, vocational, and counselling interventions
designed to promote their personal development and facilitate their successful reintegration
into society upon completion of their sentence. This approach reflects the rehabilitative ethos
of the juvenile justice system, emphasising the importance of addressing underlying issues and
promoting positive behavioural change among young offenders.

4. Differences from Court Trials:

A distinctive aspect of proceedings in the JJB is the absence of the formal courtroom
environment typically associated with traditional court trials. Lawyers are prohibited from
wearing black coats within the JJB premises, contributing to a less intimidating atmosphere for
juvenile offenders. Despite this distinction, the procedural protocols followed in court trials are
rigorously adhered to within the JJB, ensuring that due process is upheld while safeguarding
the rights and interests of juvenile offenders. These insights shed light on the unique

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characteristics of the Juvenile Justice Board and its commitment to fostering rehabilitation and
reintegration for juvenile offenders within a supportive and equitable framework.

In the juvenile justice system, the statements of juvenile offenders held in custody cannot be
recorded by the magistrate as Section 164 statements. This means that confessions or
statements made by juvenile offenders during their time in custody cannot be formally recorded
by the principal magistrate for use as evidence in legal proceedings. This provision is in line
with the principles of juvenile justice, which aim to safeguard the rights and welfare of young
offenders, including protecting them from self-incrimination and ensuring fair treatment
throughout the legal process. Instead, other procedures and mechanisms may be used to gather
information or evidence relevant to the case, always taking into account the specific needs and
vulnerabilities of juvenile offenders.

5. Counselling Process

During our visit, we had the opportunity to speak with the JJB Counsellor, Ms. Piya
Bhattacharjee, who provided valuable insights into the counselling services offered at the
Juvenile Justice Board. According to Ms. Bhattacharjee, any offender under the age of 18, as
well as underage victims and their families, are eligible for counselling services. She
highlighted that environmental factors, technological influences, and a lack of awareness about
the legal consequences of actions often contribute to juveniles becoming offenders. Ms.
Bhattacharjee shared a case study illustrating the complexities of juvenile offences. In this case,
a juvenile had established a friendship with a girl on Facebook, subsequently spending two
nights at her residence. Subsequently, the girl's family filed a case against the boy. Such
scenarios underscore the importance of understanding the nuanced dynamics of juvenile
behaviour and the role of technology in shaping interactions. Regarding counselling practices,
Ms. Bhattacharjee mentioned the existence of a standardised questioning format tailored to the
circumstances of each case, whether the individual is the accused or the victim. These questions
are collaboratively developed by a medical board in consultation with psychologists and
magistrates. It was emphasised that younger juveniles, particularly those under the age of 16,
may lack full comprehension of their actions and the associated legal implications. Many
offences committed by juveniles, she noted, occur impulsively and without malicious intent.
Ms. Bhattacharjee's insights shed light on the multifaceted nature of juvenile offences and the
importance of providing targeted support and intervention to address underlying issues and
prevent recidivism. Through counselling and tailored interventions, efforts can be made to steer

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juveniles towards positive pathways and mitigate the risk of future involvement in criminal
activities.

Ms. Piya Bhattacharjee further highlighted the absence of platforms for imparting basic legal
education, lamenting that schools do not incorporate such teachings into their curriculum. She
underscored that even juveniles above the age of 16 may lack a comprehensive understanding
of the ramifications of their actions, although they grasp the nature of the offences committed.
In another illustrative case, Ms. Bhattacharjee recounted an incident involving two juveniles
who observed a woman adorned with gold ornaments. One of the juveniles attempted to steal
the jewellery, while the other acted as an accomplice. Such examples shed light on the various
factors contributing to juvenile delinquency, including socio-economic disparities and
susceptibility to exploitation by criminal networks.

Furthermore, Ms. Bhattacharjee drew attention to the prevalence of criminal rackets that
exploit underprivileged children to perpetrate thefts and dacoities in exchange for monetary
compensation. These exploitative practices underscore the vulnerability of juveniles from
marginalised backgrounds and the urgent need for targeted interventions to address underlying
socio-economic inequalities. Regarding confidentiality in counselling sessions, Ms.
Bhattacharjee emphasised the importance of maintaining privacy between the counsellor and
the juvenile offender or victim. However, she acknowledged instances where confidentiality
may be breached in the best interests of the child, particularly when sharing crucial information
with magistrates or public prosecutors to ensure the child's protection and facilitate appropriate
legal proceedings. Such measures are essential for safeguarding the welfare of juveniles
involved in the criminal justice system and ensuring that their rights are upheld throughout the
legal process.

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 DLSA VISIT - DAY 5: CALCUTTA NATIONAL MEDICAL COLLEGE

(PAVLOV MENTAL HOSPITAL)

Operational Processes at Pavlov Hospital

Dr. Sebanti Mukherjee, the Deputy Superintendent at Pavlov Hospital, provided insights into
the operational processes and the hospital's collaboration with DLSA during our visit. The
entire process begins with free access to the hospital's Outpatient Department (OPD) for all
individuals. If further medical attention or admission is deemed necessary, it is provided
according to the patient's specific requirements.

Formation of Medical Boards

A formal medical board is convened to establish comprehensive medical records for both
accused individuals and victims. The composition of the board is internally determined based
on a panel of experts. Subsequently, the board prepares an assessment report, which serves as
the basis for determining the next course of action.

Legal Compliance and Framework

In executing these processes, Pavlov Hospital adheres strictly to the Mental Healthcare Act of
2017, ensuring compliance with relevant sections of The Bharatiya Nyaya Sanhita, 2023
(BNS). The BNS, while largely retaining provisions of the Indian Penal Code (IPC), introduces
new offences and eliminates those deemed invalid by Indian courts.

Enhancements and Amendments

Notably, Section 86 of the BNS now encompasses the harming of a woman's mental health
within the definition of 'cruelty'. Previously, the bill prescribed a three-year jail term for
individuals engaging in cruel treatment towards a married woman without defining the
parameters of such treatment. The revised definition extends to encompass mental well-being,
addressing a significant gap in the legal framework.

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Safeguarding Survivor Privacy

Another noteworthy addition to the BNS pertains to safeguarding the identity of sexual assault
survivors. The bill now stipulates a two-year jail sentence for any individual who discloses the
victim's identity from court proceedings without the victim's explicit permission. This
provision reflects a critical step towards protecting the privacy and dignity of survivors within
the legal domain.

Collaboration with DLSA

Through its collaboration with DLSA, Pavlov Hospital plays a crucial role in ensuring
comprehensive medical evaluation and documentation for individuals involved in legal
proceedings. By adhering to legal frameworks and safeguarding patient rights, the hospital
contributes to upholding justice and promoting the well-being of all individuals within the legal
system.

Assessment and Support Services at Pavlov Hospital

Pavlov Hospital serves as a critical refuge for individuals who arrive without basic necessities
such as food and clothing, often lacking any form of SOS mechanism. These individuals
encompass a wide spectrum of age groups, highlighting the diverse range of individuals
seeking assistance. Upon arrival, the hospital conducts thorough assessments to determine the
accused's capacity to provide a statement, ensuring that legal proceedings proceed in a fair and
just manner. Additionally, consultations with the Juvenile Justice Board (JJB) are conducted
to ascertain the suitability of parental care for underage individuals involved in legal matters.

Psychological Support and Rehabilitation

Post-trauma psychological evaluations are a pivotal aspect of the hospital's services, aimed at
addressing the mental well-being of victims. Particularly, the hospital caters to individuals
primarily within the reproductive age group, spanning from 18 to 60 years old. The psychiatric

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ward plays a central role in addressing the multifaceted mental health needs of patients, offering
specialised care and support tailored to individual circumstances.

Challenges in Reintegration

Despite receiving treatment, a concerning trend emerges wherein family members often fail to
attend to patients' discharge needs. This underscores the challenges associated with
reintegrating patients into society, especially in the context of mental health issues being
stigmatised and considered taboo. The absence of familial support exacerbates the difficulties
faced by patients in transitioning back to their communities, highlighting the need for broader
societal acceptance and support mechanisms for individuals grappling with mental health
challenges.

Addressing Societal Stigma

Pavlov Hospital's comprehensive approach to addressing the needs of vulnerable individuals

encompasses medical assessments, consultations with legal authorities, and specialised
psychological support. However, the persisting societal stigma surrounding mental health
poses significant obstacles to the successful reintegration of patients into society, underscoring
the imperative for collective efforts to combat stigma and promote mental health awareness
and acceptance.

Complexities in Mental Health Conditions

The process of reintegrating individuals with conditions such as schizophrenia, bipolar

disorder, depression, or cognitive disabilities poses significant challenges. These conditions
often require specialised care and support to navigate daily life and social interactions
effectively. One of the primary obstacles lies in the lack of understanding regarding the root
causes of these conditions.

Impact of Stigma and Symptoms

Medical experts continue to grapple with the question of whether these conditions stem from
exacerbated environmental factors or are purely congenital in nature. The complex interplay

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between genetic predispositions, environmental stressors, and societal influences makes it
difficult to pinpoint definitive causes. Consequently, designing effective intervention strategies
and support mechanisms becomes a daunting task.

Approaches to Reintegration Changes

Individuals grappling with schizophrenia, bipolar disorder, depression, or cognitive disabilities

often face societal stigma and discrimination, further hindering their reintegration efforts.
Misconceptions and prejudices surrounding mental health conditions perpetuate social
exclusion and exacerbate feelings of isolation and alienation. Moreover, the symptoms
associated with these conditions, such as cognitive impairments, mood disturbances, or
psychotic episodes, can impede individuals' ability to engage meaningfully in work, education,
or social relationships. As a result, they may struggle to access opportunities for social
participation and economic independence.

Addressing the reintegration challenges faced by individuals with mental health conditions
requires a multi-faceted approach. This includes:

1. Comprehensive Support Services: Providing access to mental health professionals,

social workers, and rehabilitation specialists who can offer personalised support and
guidance tailored to individuals' unique needs.

2. Community Inclusion Initiatives: Implementing programs aimed at reducing stigma

and promoting social inclusion of individuals with mental health conditions within
communities. This may involve awareness campaigns, peer support groups, and
initiatives to foster understanding and empathy.

3. Employment and Education Opportunities: Creating inclusive employment and

educational environments that accommodate the diverse needs of individuals with
mental health conditions, thereby facilitating their integration into mainstream society.

4. Family and Caregiver Support: Offering support services and resources to families and
caregivers of individuals with mental health conditions, equipping them with the tools
and knowledge to provide effective care and support.

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 5. Policy and Advocacy Efforts: Advocating for policy reforms and legislation aimed at
protecting the rights of individuals with mental health conditions and promoting their
full inclusion and participation in society.

By addressing these reintegration challenges holistically and fostering a supportive and

inclusive environment, society can better empower individuals with mental health conditions
to lead fulfilling and meaningful lives.

According to Dr. Sebanti, the typical timeframe for recovery varies significantly based on the
severity of the condition and individual circumstances:

1. Regaining Normalcy to Partial Normalcy: This process can range from as little as 7
days to as long as 7 years. The duration depends on factors such as the type of mental
health condition, the effectiveness of treatment interventions, and the level of support
available to the individual.

2. Immediate Aid for Victims: Victims requiring immediate aid receive assistance within
24 hours of admission to the hospital. This swift response is crucial in addressing urgent
medical needs and ensuring the well-being of the individual.

Despite the dedicated efforts of the hospital staff, several challenges persist due to the
overwhelming demand for services:

1. Staffing: The hospital employs approximately 400 staff members to manage the needs
of the patients. However, with a high patient-to-staff ratio, providing adequate care and
attention to each individual can be challenging.

2. Overcrowding: The hospital faces a serious issue of overcrowding, with more than 500
patients occupying 250 beds. This overcrowding exacerbates the strain on resources
and infrastructure, making it difficult to maintain quality standards of care.

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 3. Demand-Supply Discrepancy: The disparity between the demand for mental health
services and the available resources creates an ongoing challenge. Despite efforts to
expand capacity, the hospital continues to grapple with meeting the needs of all patients
effectively.

Addressing these challenges requires a multi-pronged approach, including:

1. Expansion of Infrastructure: Investing in the expansion of hospital facilities and

infrastructure to accommodate the growing number of patients and alleviate
overcrowding.

2. Recruitment and Training: Hiring additional staff members and providing them with
comprehensive training to enhance the quality of care and support services offered to
patients.

3. Improving Efficiency: Implementing measures to streamline processes and optimise

resource utilisation to improve efficiency in service delivery.

4. Advocacy and Resource Mobilization: Advocating for increased funding and resources
for mental health services at the local, regional, and national levels to bridge the gap
between demand and supply.

By addressing these challenges proactively, the hospital can enhance its capacity to provide
timely and effective mental health care to individuals in need, ultimately improving outcomes
and promoting overall well-being.

On the final day of our visit to the District Legal Services Authority (DLSA) office in Alipore,
we observed two mediation proceedings, each shedding light on different facets of legal dispute
resolution.

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Pictures from Day 5 Visit:

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Page 90 of 95
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DLSA VISIT - DAY 6: MEDIATION AT DLSA ALIPORE OFFICE

On the final day of our visit to the District Legal Services Authority (DLSA) office in Alipore,
we observed two mediation proceedings, each shedding light on different facets of legal dispute
resolution.

The first mediation session revolved around the issue of recovering dues in a money suit,
concerning a dispute related to project funds. This case was referred to mediation from Section
89 of the court, indicating a court-referred mediation process. In such instances, evidence, such
as a cheque for money recovery, was not provided to the mediator directly by the court.
However, parties involved in pre-litigation mediation can opt for mediation with mutual
consent, where Section 89 is not referenced explicitly.

The difference between court-referred mediation under CPC Section 89 and pre-litigation
mediation lies primarily in the initiation and context of the mediation process:

1. Initiation:
a. Court-referred mediation (under CPC Section 89): In court-referred mediation,
the mediation process is initiated by the court as a part of the judicial
proceedings. It typically occurs after the commencement of litigation, where the
court, upon considering the nature of the dispute, refers the parties to mediation
with their consent.
b. Pre-litigation mediation: Pre-litigation mediation, on the other hand, occurs
before any formal legal action is initiated. Parties voluntarily opt for mediation
to resolve their dispute outside the formal legal framework, without involving
the court.

2. Context:
a. Court-referred mediation: Court-referred mediation is often employed when
parties are already involved in litigation. It serves as an alternative means of
dispute resolution within the judicial process, aiming to facilitate a settlement
and reduce the burden on the courts.

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 b. Pre-litigation mediation: Pre-litigation mediation occurs before any legal action
is taken. Parties may choose this approach to resolve their dispute amicably,
avoiding the time, expense, and adversarial nature of formal legal proceedings.

3. Legal Framework:
a. Court-referred mediation: Court-referred mediation operates within the
framework of the Civil Procedure Code (CPC), specifically under Section 89,
which empowers courts to refer disputes for mediation, conciliation, or other
alternative dispute resolution methods.
b. Pre-litigation mediation: Pre-litigation mediation may or may not be governed
by statutory provisions, depending on the jurisdiction. In some cases, it may be
conducted under the auspices of private mediation centres or organisations,
following their own rules and procedures.

4. Voluntariness:
a. Court-referred mediation: While court-referred mediation is initiated by the
court, participation by the parties is typically voluntary. However, once referred
by the court, parties are encouraged to engage in good faith in the mediation
process.
b. Pre-litigation mediation: Pre-litigation mediation is entirely voluntary, with
parties freely choosing to participate in the process. They retain full control over
the outcome and can withdraw from mediation at any time.

In summary, court-referred mediation occurs within the context of ongoing litigation and is
initiated by the court, whereas pre-litigation mediation occurs before any legal action and is
voluntary in nature, initiated by the parties themselves seeking to resolve their dispute outside
the formal legal system.

In the first mediation session, the focus was on a bail application hearing in a POCSO
(Protection of Children from Sexual Offences) case, based on the merit of the case. The case
involved allegations of sexual harassment of a child with an alleged intention to grab property.
The accused had been in custody since April 19, 2022. Despite the defence's interest in
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proceeding to trial, witness evasion hindered progress. The defence contended that the
allegations, especially those against a 3-year-old, were baseless. The judge emphasised the
importance of medical evidence, particularly when the victim is below the age of 12, as
stipulated in Section 6. However, the judge noted a lack of substantial progress in the case and
directed the prosecution to ensure the attendance of crucial witnesses, particularly the mother
of the child, for future hearings. The second mediation session, which involved a matrimonial
dispute, was postponed for future hearings.

These mediation proceedings underscored the diverse nature of legal disputes and the
importance of effective dispute resolution mechanisms. Through mediation, parties can explore
mutually acceptable solutions, thereby reducing the burden on the judicial system and
promoting timely justice delivery. Additionally, these sessions highlighted the complexities
involved in cases, such as those concerning sensitive matters like child sexual abuse, and the
need for comprehensive legal strategies to address such issues effectively.

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 CONCLUSION

In summary, my term as an intern at the District Legal Services Authority, Alipore, South 24
Parganas organised by State Legal Services Authority, West Bengal was completely
resourceful and a great experience. The atmosphere we got in DLSA was beyond expression
and our sincere gratitude to all those who were associated, especially to Amit Sir, and other
Office Staffs for this wonderful opportunity. I expect the same cooperation in the future as well
and I ensure my contribution to this system once I am qualified for it.

Signature

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