CONTENTS

FREE LEGAL AID SERVICES IN INDIA................................................................. 3

Important Facts/Findings of the Report......................................... 3
Constitutional/Legal Provision for Free Legal Aid in India............. 3
Conclusion..................................................................................... 4
MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) BILL 2019.... 4
Important Provision of the Act....................................................... 4
Issues with the Bill......................................................................... 5
Argument in Favour of the Proposed Changes............................. 5
Conclusion..................................................................................... 6
CONSUMER PROTECTION ACT, 2019................................................................. 6
Salient Features of the Bill............................................................. 6
Central Consumer Protection Authority (CCPA)............................ 6
Issues with the Act......................................................................... 7
Conclusion..................................................................................... 7
THE PROTECTION OF HUMAN RIGHTS (AMENDMENT) BILL, 2019............. 7
Amendment brought in to the Protection of Human Rights Act,
1993............................................................................................... 8
Significance of the Amendment..................................................... 8
Conclusion..................................................................................... 9
TOPICS OF THE DAY MISSION AIR 1 3
FREE LEGAL AID SERVICES IN INDIA
Recently a report titled ‘Quality of Legal Representation: An Empirical Analysis of Free Legal Aid Services in India’ was
released by National Law University, Delhi (NLUD). The report has revealed that people do not have faith over the services
of legal aid counsel (LAC) under the free legal aid services. A majority of the people who are entitled to the free legal aid
system see the service as an option only when they cannot afford a private lawyer.

PROBABLE QUESTIONS
1. Discuss the issues and challenges associated specifically with free legal aid services in India.
2. The justice to poor and downtrodden section of society is necessary in order to achieve the goal of ‘justice for all’.
In this context explain the role of free legal services in India.

ÂÂ Important Facts/Findings of the Report:

•• About 75% of beneficiaries responded that they opted for free legal aid because they had no means and resources
to hire a paid private practitioner.
•• 22.6% of the beneficiaries responded that they won’t opt for free legal aid services for the second time.
•• 60% of women, who were aware of the free legal aid services, chose to opt for the private legal practitioner
because they could have better control over their lawyer and they lack faith and confidence over the quality of
services offered under the legal aid system.
•• Majority of judicial officers (52%) rated the overall skill set of a private legal practitioner as of fairly good quality
and that of LAC as of moderately low quality.

ÂÂ Constitutional/Legal Provision for Free Legal Aid in India:

•• Articles 14 and 22 (1) make it obligatory for the State to ensure equality before the law and a legal system which
promotes justice on a basis of equal opportunity to all.
•• It forms the basis of reasonable, fair and just liberty under Article 21 of the Constitution.
•• Article 39A of the Constitution of India directs the State to promote equal justice and provide free legal aid to the
poor.
•• To give statutory base to legal aid programmes, parliament passed Legal Services Authorities Act in 1987.
Legal Services Institutions for providing Free Legal Services:
•• The act came into force on 9th November, 1995 to establish a nationwide uniform network for providing free and
competent legal services to the weaker sections of the society on the basis of equal opportunity.
•• National Level: National Legal Services Authority (NALSA), which shall consist of the Chief Justice of India who
shall be the Patron-in-Chief and a serving or retired Judge of the Supreme Court to be nominated by the President,
in consultation with the Chief Justice of India, who shall be the Executive Chairman.
•• State Level: State Legal Services Authority. It is headed by the Chief Justice of the State High Court who is its
Patron-in-Chief. A serving or retired Judge of the High Court is nominated as its Executive Chairman.
•• District Level: District Legal Services Authority. The District Judge of the District is its ex-officio Chairman.
•• Taluka/Sub-Division Level: Taluka/ Sub-Divisional Legal Services Committee. It is headed by a senior Civil Judge.
•• High Court: High Court Legal Services Committee
•• Supreme Court: Supreme Court Legal Services Committee

National Legal Services Authority (NALSA)

•• To lay down policies and principles for making Legal Services available under the provisions of the legal
service Act.
•• To Monitor and evaluate implementation of the legal aid programmes at periodic intervals
•• The aim is to ensure that opportunities for securing justice are not denied to any citizen by reasons of economic
or other disabilities.
•• NALSA outreach programmes (like door to door campaigns) have made people aware of the legal advice and
other forms of legal services such as drafting of applications etc.
•• According to NALSA, about 8.22 lakh people across India benefited through legal aid services from April 2017
to June 2018.
4 MISSION AIR 1 TOPICS OF THE DAY
The persons eligible for getting free legal services include:
•• Women and children
•• Members of SC/ST
•• Industrial workmen
•• Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster
•• Disabled persons
•• Persons in custody
•• Persons whose annual income does not exceed Rs. 1 lakh (in the Supreme Court Legal Services Committee the
limit is Rs. 1,25,000/-).
•• Victims of trafficking in human beings or beggar.
Challenges with respect to free legal aid service in India:
•• A recent report by Commonwealth Human Rights Initiative (CHRI) reveals that there are only five lawyers
empanelled for legal aid service on per lakh population.
•• The average time between application for legal aid and lawyer assigned was 11 days nationally, which stretched
to 48 for Rajasthan.
•• There is a perception that free service is incompatible with quality service.
•• The lawyers are compensated by the government at rates that are below the market average.
•• The problem with most of the beneficiaries is that they are illiterate and don’t have the procedural knowledge of
the functioning of courts. Lack of awareness leads to exploitation and deprivation of rights of the poor.
Measures Needed:
•• Successful legal aid delivery in India requires the government to embark on a campaign to inform and educate
the public of its right to free legal aid.
•• Full-time Empanelment as currently, the engagement of legal aid counsel (LAC) is usually on an ad-hoc basis.
•• It is an important to gauge the quality of legal representation and there is a need for improvements in selection,
training and monitoring of empanelled lawyers.
•• More lawyers must be encouraged to delivery free legal aid by paying of better honorarium to the lawyers who
provide Legal Aid. This is also important for those who are serving in juvenile courts as they are not allowed to
have their own private practice.
•• Provide Free and Competent Legal Services to the eligible persons
•• Organize Lok Adalats for amicable settlement of disputes;

ÂÂ Conclusion:
•• Legal aid is an obligation of the state and right of the citizens especially those who are at disadvantage position.
The legal aid should strive to ensure that the constitutional pledge is fulfilled in its letter and spirit and equal justice
is made available to the downtrodden and weaker sections of the society.

MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) BILL 2019

Recently Parliament passed the Muslim Women (Protection of Rights on Marriage) Bill 2019. It aims to replace the 1986
Muslim Women (Protection of Rights on Divorce) Act, enacted after the Shah Bano Case and makes the practice of instant
triple talaq a penal offence.

PROBABLE QUESTIONS
Q. To what extend abolition of Triple Talaq by the parliament has corrected a historical wrong done to Muslim
women?
Q. Intra-religious reforms and strengthening of secular character of Indian society are the necessary steps for
implementation of uniform civil code. Analyse the statement in the context of abolition of triple talaq.

ÂÂ Important Provision of the Act:

•• The Bill makes all declaration of talaq, including in written or electronic form, to be void (i.e. not enforceable in
law) and illegal.
TOPICS OF THE DAY MISSION AIR 1 5
•• Definition: It defines talaq as talaq-e-biddat or any other similar form of talaq pronounced by a Muslim man
resulting in instant and irrevocable divorce. Talaq-e-biddat refers to the practice under Muslim personal laws
where pronouncement of the word ‘talaq’ thrice in one sitting by a Muslim man to his wife results in an instant and
irrevocable divorce.
•• Offence and penalty: The Bill makes declaration of talaq a cognizable offence, attracting up to three years’
imprisonment with a fine. (A cognizable offence is one for which a police officer may arrest an accused person
without warrant.)
•• The offence will be cognizable only if information relating to the offence is given by:
ŠŠ the married woman (against whom talaq has been declared), or
ŠŠ any person related to her by blood or marriage.
•• The Bill provides that the Magistrate may grant bail to the accused. The bail may be granted only after hearing the
woman (against whom talaq has been pronounced), and if the Magistrate is satisfied that there are reasonable
grounds for granting bail.
•• The offence may be compounded by the Magistrate upon the request of the woman (against whom talaq has
been declared). Compounding refers to the procedure where the two sides agree to stop legal proceedings,
and settle the dispute. The terms and conditions of the compounding of the offence will be determined by the
Magistrate.
•• Allowance: A Muslim woman, against whom talaq has been declared, is entitled to seek subsistence allowance
from her husband for herself and for her dependent children. The amount of the allowance will be determined by
the Magistrate.
•• Custody: A Muslim woman, against whom such talaq has been declared, is entitled to seek custody of her minor
children. The manner of custody will be determined by the Magistrate.

ÂÂ Issues with the Bill:

•• Although most Muslim women feel it is time to end the practice, they are wary of the slipshod manner in which the
government has passed the bill in the Lok Sabha. So contrary to the intent of the legislation, it would weaken the
position of Muslim women.
•• The Bill does not provide the victimized woman any additional benefits in terms of her rights in marriage and
divorce.
•• The Bill stipulates a three-year prison sentence and a fine. It is unclear why a civil contract should carry a criminal
penalty.
•• A three-year prison term, besides a fine, also raises the issue of proportionality. The Act violates constitutional
rights as it stipulates three-year jail term for guilty Muslim men while non-Muslim men get only one year of jail term
for a similar offence.
•• Since the Bill says that triple talaq is cognizable and non-bailable, married Muslim man become vulnerable target
as policemen can arrest and investigate the accused with or without the complaint from wife or any other person.
•• This Bill became the first instance in free India where criminal provisions have been brought into matters of
marriage and divorce which are civil matters. It raises the question if a marital wrong, should lead to prosecutions
and jail terms.

ÂÂ Argument in Favour of the Proposed Changes:

•• Supreme Court judgment of 2017 had recognised the discriminatory nature of triple talaq. The Muslim Women
(Protection of Rights on Marriage) Act 2019 offers Muslim women recourse and access to protection of the law
from the practice of arbitrary instant divorce.
•• The proposed Bill will protect the rights of married Muslim women and prevent divorce by the practice of
instantaneous and irrevocable ‘talaq-e-biddat’ by their husbands.
•• The new legislation brings India at par with other Muslim majority states including Pakistan and Bangladesh. This
was long overdue for a country that has taken pride in its adherence to the principles of secularism, democracy,
and equality.
•• Triple talaq has never been sanctioned even in Islamic scriptures.
•• Personal laws of other religious communities like Hindus and Christians, have gone through renditions to address
some concerns relating to gender equality in matters of inheritance and polygamy. Despite the gains, gender
equality does not permeate all aspects of civil law.
6 MISSION AIR 1 TOPICS OF THE DAY
ÂÂ Conclusion:
•• Such type of reforms will help to strengthen the secular fabric of Indian society by eliminating intra-religious
inequalities and ensuring gender equality.
•• This legislation presents an opportunity to put in place a uniform civil code that steeped in equality—across faiths
and gender.
•• The government should ask the Law Commission to review all personal/civil laws to address the gender inequities
that persist in civil and personal laws across the board as India needs a non-sectarian, gender neutral law that
addresses desertion of spouses.

CONSUMER PROTECTION ACT, 2019

The new Consumer Protection Act, 2019 came into force which replaced the earlier Consumer Protection Act, 1986. It aims to
empower consumers and help them in protecting their rights through its various notified Rules and provisions.

PROBABLE QUESTIONS
Q. Explain how far the new Consumer Protection Act, 2019 is efficient to protect the interest of customers in the
present ear of rising E-commerce?

ÂÂ Salient Features of the Bill:

•• Definition of consumer: A consumer is defined as a person who buys any good or avails a service for a consideration.
•• It does not include a person who obtains a good for resale or a good or service for commercial purpose.
•• It covers transactions through all modes including offline, and online through electronic means, teleshopping,
multi-level marketing or direct selling.
•• The following consumer rights have been defined in the Act:
•• To be protected against the marketing of goods and services which are hazardous to life and property
•• To be informed of the quality, quantity, potency, purity, standard and price of goods or services.
•• To be assured of access to a variety of goods or services at competitive prices.
•• To seek redressal against unfair or restrictive trade practices.

ÂÂ Central Consumer Protection Authority (CCPA):

•• Act provides for the establishment of the Central Consumer Protection Authority, CCPA to promote, protect and
enforce the rights of consumers.
•• It can issue safety notices for goods and services, order refunds, recall goods and rule against misleading
advertisements.
•• The CCPA will have an investigation wing, headed by a Director-General, which may conduct inquiry or
investigation into such violations.
•• The CCPA may impose a penalty on a manufacturer or an endorser of up to Rs 10 lakh and imprisonment for up
to two years for a false or misleading advertisement and the case of a repeated offence, the fine may extend to
Rs 50 lakh and imprisonment of up to five years.
•• Consumer Disputes Redressal Commission: CDRCs will be set up at the district, state, and national levels. A
consumer can file a complaint with CDRCs in relation to:
ŠŠ Unfair or restrictive trade practices;
ŠŠ Defective goods or services;
ŠŠ Overcharging or deceptive charging; and
ŠŠ The offering of goods or services for sale which may be hazardous to life and safety.
•• Appeals: Complaints against an unfair contract can be filed only at the State and National levels. Appeals from
a District CDRC will be heard by the State CDRC. Appeals from the State CDRC will be heard by the National
CDRC. Final appeal will lie before the Supreme Court.
•• Mediation: The act provides for reference to mediation by Consumer Commissions wherever scope for early
settlement exists and parties agree for it.
TOPICS OF THE DAY MISSION AIR 1 7
ŠŠ Mediation Cells to be attached to Consumer Commissions. Mediation to be held in consumer mediation cells.
ŠŠ Panel of mediators to be selected by a selection committee consisting of the President and a member of
Consumer Commission.
ŠŠ No appeal against settlement through mediation.
•• Impact on E-commerce:
ŠŠ It will have the rules for the prevention of unfair trade practice by e-commerce platforms.
ŠŠ E-commerce platforms will have to acknowledge the receipt of any consumer complaint within 48 hours and
redress the complaint within one month from the date of receipt. They will also have to appoint a grievance
officer for consumer grievance redressal.
ŠŠ Sellers cannot refuse to take back goods or withdraw services or refuse refunds, if such goods or services are
defective, deficient, delivered late, or even if they do not meet the description on the platform.
ŠŠ It prohibits the e-commerce companies to manipulate the price of the goods or services.
•• Product liability: Means the liability of a product manufacturer, service provider or seller to compensate a consumer
for any harm or injury caused by a defective good or deficient service. A claim for compensation may be made
for any harm caused, including:
ŠŠ Property damage
ŠŠ Personal injury, illness, or death; and
ŠŠ Mental agony or emotional harm accompanying these conditions.

ÂÂ Issues with the Act:

•• The Act does not specify that the Consumer Disputes Redressal Commissions will comprise a judicial member.
If the Commissions were to have members only from the executive, the principal of separation of powers may be
violated.
•• It does not specify whom the Consumer Protection Councils will advise. If the Councils advise the government, it
is unclear in what capacity such advice will be given.
•• The definition of ‘consumer rights’ in the Act is not simple and straight forward, so that consumers at least know
what their entitlements are.

ÂÂ Conclusion:
•• The new act has been introduced after many amendments to provide protection to buyers not only from traditional
sellers but also from the new e-commerce retailers/platforms.
•• The Act addresses consumer concerns arising from technological advancements in the marketplace, removes
logistical hurdles for the consumers while initiating action, and broadens the scope of grounds for which action
can be initiated.

THE PROTECTION OF HUMAN RIGHTS (AMENDMENT) BILL, 2019

Recently President of India has given his assent to the Protection of Human Rights (Amendment) Bill, 2019, turning it into
an Act.

PREVIOUS YEAR QUESTIONS

1. National Human Rights Commission (NHRC) in India can be most effective when its tasks are adequately
supported by other mechanisms that ensure the accountability of a government. In light of the above observation
assess the role of NHRC as an effective complement to the judiciary and other institutions in promoting and
protecting human rights standards. (2014)
2. Multiplicity of various commissions for the vulnerable sections or the society leads to problems or overlapping
jurisdiction and duplication of functions. Is it better to merge all commissions into an umbrella Human Rights
Commission? Argue your case. (2018)

PROBABLE QUESTIONS
Q. Explain in what way the recent amendment to the Protection of Human Rights act will help to convert the National
Human Rights Commission (NHRC) to ‘A Roaring Tiger’ from being ‘A toothless Tiger’.
8 MISSION AIR 1 TOPICS OF THE DAY
ÂÂ Amendment brought in to the Protection of Human Rights Act, 1993:
•• The bill amended the Protection of Human Rights Act, 1993. The Act provides for a National Human Rights
Commission (NHRC), State Human Rights Commissions (SHRC), and Human Rights Courts.
•• Following are the major amendments brought by bill

Protection of The Protection of Human Rights

Imp Provision
Human Rights Act, 1993 (Amendment) Bill, 2019
Under the Act, the chairperson of the NHRC is The Bill amends this to provide that a
Composition of a person who has been a Chief Justice of the person who has been Chief Justice of the
NHRC: Chairman Supreme Court. Supreme Court or a Judge of the Supreme
Court will be the chairperson of the NHRC.
The Act provides for two persons having The Bill amends this to allow three members
Inclusion of
knowledge of human rights to be appointed as to be appointed, of which at least one will
woman member
members of the NHRC. be a woman.
Under the Act, chairpersons of various The Bill provides for including the
commissions such as the National chairpersons of the National Commission
Commission for Scheduled Castes, National for Backward Classes, the National
Other members Commission for Scheduled Tribes, and Commission for the Protection of Child
National Commission for Women are members Rights, and the Chief Commissioner for
of the NHRC. Persons with Disabilities as members of the
NHRC.
The Act states that the chairperson and Reduce the term of the Chairperson and
members of the NHRC and SHRC will hold Members of the Commission and the State
office for five years or till the age of seventy Commissions from five to three years.
Tenure/ Terms of
years, whichever is earlier. The Bill removes the five-year limit for
Office
Further, the Act allows for the reappointment reappointment.
of members of the NHRC and SHRCs for a
period of five years.
Under the Act, the chairperson of a SHRC is a The bill provide that a person who has
person who has been a Chief Justice of a High been a Judge of a High Court is also made
Chairperson of Court. eligible to be appointed as Chairperson
SHRC of the State Commission in addition to the
person who has been the Chief Justice of
the High Court
The Act provides for a Secretary-General of The Bill amends this and allows the
Powers of the NHRC and a Secretary of a SHRC, who Secretary-General and Secretary to exercise
Secretary- exercise powers as may be delegated to all administrative and financial powers
General them. (except judicial functions), subject to the
respective chairperson’s control.
The bill provides that the central government
may confer upon State Commissions, the
Powers related to functions relating to human rights being
Union Territories discharged by the Union territories, other
than the Union territory of Delhi, which will be
dealt with by the Commission.

ÂÂ Significance of the Amendment:

•• The proposed amendments will enable both the National Commission as well as the State Commissions to be
more compliant with the Paris Principles concerning its autonomy, independence, pluralism and wide ranging
functions in order to effectively protect and promote human rights.
•• The age limit for appointment to the panel has been reduced to fill the vacancies. The amendment has ensured
transparency in the appointment of Chairman and members of the Commission.
•• Effort is to also to increase the presence of civil Society in the composition of the Commission.
TOPICS OF THE DAY MISSION AIR 1 9
• Since its formation, the NHRC has had just three women as members and none as its chairperson. But the recent
amendment will help to increase the presence of women in NHRC.
• The applicants in Union Territories can now appeal in the human Rights Commission of nearby states instead of
coming all the way to Delhi.
• The Amendment will strengthen the Human Rights Institutions of India further for effective discharge of their
mandates, roles and responsibilities.
• Moreover, the amended Act will be in perfect sync with the agreed global standards and benchmarks towards
ensuring the rights relating to life, liberty, equality and dignity of the individual in the country.

 Conclusion:
• The Protection of Human Rights (Amendment) Bill, 2019 has brought sweeping changes of far-reaching
consequences to composition and functioning of the commission. Let’s hope that the proposed amendment will
make NHRC – “A Roaring Tiger” from being “A toothless Tiger”.

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