mainstreaming tele-law model through common service...

12
DEPARTMENT OF JUSTICE MAINSTREAMING TELE-LAW MODEL THROUGH COMMON SERVICE CENTRE Ministry of Electronics and Information Technology (MeitY) Government of India Joint initative by Department of Justice, Ministry of Electronics & Information Technology

Upload: others

Post on 23-Jan-2020

2 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: MainstreaMing teLe-LaW MODeL thrOugh COMMOn serViCe …tele-law.in/static/dist/pdf/iec-materials/handbook/plv-revised_f.pdfMainstreaMing teLe-LaW MODeL thrOugh COMMOn serViCe Centre

Department of

Justice

MainstreaMing teLe-LaW MODeL thrOugh COMMOn serViCe Centre

Ministry of Electronics and Information Technology (MeitY)Government of India

Joint initative by Department of Justice, Ministry of Electronics & Information Technology

Page 2: MainstreaMing teLe-LaW MODeL thrOugh COMMOn serViCe …tele-law.in/static/dist/pdf/iec-materials/handbook/plv-revised_f.pdfMainstreaMing teLe-LaW MODeL thrOugh COMMOn serViCe Centre

2 CSC e Governance Services India Ltd

teLe-LaW model is the maiden endeavour, of the

Department of Justice, ministry of Law and Justice and

meitY, to successfully connect every person living in the

remotest corner of the country with quality legal advice

lawyers Justice at the doorsteps. tele-law model is a great

landmark initiative the Digital India programme to ensure

inclusion and legal empowerment of the marginalized

sections of the society.

the Guiding principles of the teLe-LaW moDeL are:

introduction

Transparency commiTmenT accounTabiliTy

Page 3: MainstreaMing teLe-LaW MODeL thrOugh COMMOn serViCe …tele-law.in/static/dist/pdf/iec-materials/handbook/plv-revised_f.pdfMainstreaMing teLe-LaW MODeL thrOugh COMMOn serViCe Centre

3www.csc.gov.in

objectives of this operating Manual for Para Legal Volunteers (PLVs) in the tele-Law service Model

Key eLeMents of teLe-LAW ModeL VLe• VLes will provide space for pLV to sit at CSC; prepare list of persons who have

availed the service, details of aggrieved persons to be uploaded on the CSC portal, the action taken by the applicant/or benefit to the applicant of the service rendered.

• this information will be uploaded at the time of registration.

csc• CSC will provide technical support to the

entire program in all 9 states.• further, an online monitoring application

will be designed to monitor the program.

PLVs (preferably Women) to be deployed at the selected csc• S/he will facilitate the applicant connect with a lawyer through the video conferencing facility at the

CSC. • S/he will keep a track of the progress of the applicant’s cases/ grievances and maintain a record of

the same.• S/he will submit the records maintained by her to the DLSa/ CSC-SpV every week

tele-Law Model• ConneCt people from rural and remate locations in SearCH of Legaladvice and information to the paneL LaWYerS • It is an e- InteraCtIon pLatform aVaILaBLe at the Common SerVICe CentreS set up at the panCHYat Level .• USeS the faCILItY of VIDeo ConferenCInG /CHat and teLepHone for InStantaneoUS and ImmeDIate ConneCtIon with the paneL LaWYer

nyAyA MitrAs• CSC will also have aCCeSS to

nYaYa mItraS in 27 Districts of north eastern States.

to know and understand the teLe-LaW moDeL at the Common Service Centers;

to know about their role and responsibility in the working of teLe-LaW model

Page 4: MainstreaMing teLe-LaW MODeL thrOugh COMMOn serViCe …tele-law.in/static/dist/pdf/iec-materials/handbook/plv-revised_f.pdfMainstreaMing teLe-LaW MODeL thrOugh COMMOn serViCe Centre

4 CSC e Governance Services India Ltd

We Are VoLunteers seLected froM different WALKs of Life to ensure LeAGL Aid reAcHes ALL sections of PeoPLe

Who is a Paralegal Volunteer?• I am a BrIDGe between the Common

people and lawyers providing Legal aid through Common Service Centre;

• I am the fIrSt poInt of Contact for the marginalized Community to hear their Grievances and offer appropriate direction for LeGaL aID

• I aSSISt the Common people in getting Legal aid through Common Service Centre;

• I am not a LaWYer but HaVe the BaSIC UnDerStanDInG and KnoWLeDGe of LeGaL proCeSS

role and responsibilities of (Women) Para Legal Volunteer (PLV) in the tele-Law service Model.

the overall role of the PLV is broadly divided into 4 stages:

stage-1

outreach and Dissemination of tele-Law model

Identification of Citizens/Cases for

Legal advice

Connecting them to the panel Lawyer for

Legal advice

track progress of applicant’s case/give and enable follow-up

with laywers.

stage-2 stage-3 stage-4

Page 5: MainstreaMing teLe-LaW MODeL thrOugh COMMOn serViCe …tele-law.in/static/dist/pdf/iec-materials/handbook/plv-revised_f.pdfMainstreaMing teLe-LaW MODeL thrOugh COMMOn serViCe Centre

5www.csc.gov.in

PLVs have the following responsibilities:

responsibilities 1. outreach and dissemination of tele-Law Model

identify different Platforms at the Village level for discussion fore.g.,

develop contextualized iec material fore.g posters/fliers/Wall painting /Banners with support from dsLsA/csc

• anganwadi meetings• SmC meetings;• enlist Village Key persons;• Create whatsapp groups;• Use public address systems at

Church, Gurudwara sahib; masjid and temples;

• By Word of mouth • Village/panchyat public or weekly

meeting• market/Haat• Youth Club• Community Based organizations• mahilamandals• Women SHGs

discuss and educate about tele-Law model in different forums, inform them about Benefits of free Legal aid and free legal Service at the CSC; Specific days/time and Appointment with Panel Lawyer through Video conferencing

Page 6: MainstreaMing teLe-LaW MODeL thrOugh COMMOn serViCe …tele-law.in/static/dist/pdf/iec-materials/handbook/plv-revised_f.pdfMainstreaMing teLe-LaW MODeL thrOugh COMMOn serViCe Centre

6 CSC e Governance Services India Ltd

community engagement Approach by Paralegal Volunteer

• Willingness to assist the citizen with updated information;

• assist the citizen to contact/reach out the Common Service Centre (CSC)

• maintain Confidentiality

• no fee charges from citizens belonging to specific category

exhibitLeadership Quality

no financialGain/Profit making

no undueAdvantage

relationshipBuilding

• empathetic to the citizen problem and Sensitive to their feelings

• Listen to their problem• Be Compassionate and treat them with Dignity• Be polite and never use any abusive/insulting

words to the citizen or exhibit unethical behaviour

• Do not make any untrue representation or conceal material facts from the citizen ;

• Do not take under advantage (social/economic) of the position; education status of the citizen;

Page 7: MainstreaMing teLe-LaW MODeL thrOugh COMMOn serViCe …tele-law.in/static/dist/pdf/iec-materials/handbook/plv-revised_f.pdfMainstreaMing teLe-LaW MODeL thrOugh COMMOn serViCe Centre

7www.csc.gov.in

example -1mary a pLV goes to the women anganwadi meeting fixed fortnightly at the ICDS centre. She informs women gathered about the tele-Law model

chalo Ab Vakil sahiba/sahib se aamne sammne baat ho sakti hai…

Pankaj ki CSC par Janae par .. vakeel shaiba/sahib se samay le lo aur us waqt par puhanch kar baat kar sakti ho …kuch bhi samasya ho baat karo, samad han batatein aur aglee baar milne ka samay bhi dete hain

SaarI Baat CHIt (Confidential/GUpt rakhi Jaeygi) aur Hamare Saath Judae Vakeel SaHIB SaHIBa koi fees nahi lenge

example -2a discussion Starts in the meeting

yani sitting there ….Kya Vakeel sahib/sahiba roj baithengeMary (PLV)-Chalkarke to dekh ..Jadoo-hai ..Computer par photo aur awaz aey-gee..aur teri photo bhi aeygee.. aur jo to shakl na dikhani chahye to telephone pe baatkar lee …yeh fir meintere baat ko computer pe type kardunge eiss CHAT kehte hain.Roj Na baithenge ..10 din mahine in-mein. Jis samayki appointment fix ho ..Issliye pehle samay le lo …Mujhe hi naam aur samay bata do aur kya mud-dahai to mein jakar appointment fix karke bata deti hoonPurba sitting there …Kitna paisa lage jaeynge eiss sab meinMary (PLV)- Hare k Mulakaat par 30 rupayee dene hai …par bank account khula hona par yeh bi wapis...Hai na Majedaar!!

example -3mary pLV explains about who all can avail this benefit under Sec-tion 12 Legal Services authority act,1987

yeh… suvidha sabhi Gaon ki Aurtein; Bacchaon; Bujargaon….sc/sts ..BPL

ending sessiona small 10 mins video on how the Video Conferenc-ing Session is shown by the pLV loaded on her mo-bile phone to the participants

Marginalized communities eligible for Legal Aid• members of Scheduled

Castes and Scheduled tribes

• Women & children • Senior citizens;• Industrial workers;• poor and marginalized

persons;• Victims of trafficking

and commercial /sex-ual exploitation;

• Victims of acid attacks;• Victims of drug abuse;• persons with disabili-

ties;• Victims of a mass dis-

aster, ethnic violence, caste atrocity, flood, drought

Page 8: MainstreaMing teLe-LaW MODeL thrOugh COMMOn serViCe …tele-law.in/static/dist/pdf/iec-materials/handbook/plv-revised_f.pdfMainstreaMing teLe-LaW MODeL thrOugh COMMOn serViCe Centre

8 CSC e Governance Services India Ltd

Let’s foLLoW tHese ruLes • Carry a CaSe Diary when going for Community outreach• Understand the nature of problem/issue/claim stated /asserted by the citizen• Guide him about pre-appointment facility • Share his /her contact details for registering appointment with the panel Lawyers and registration • register Cases of the Citizens for legal advice on the tele-Law• ask Citizens for his aadhar proof and Bank account, if any.• Send a reminder SmS to the Citizen about the appointment or any change in schedule, if any• Has three options to talk to the panel Lawyer through Video Conferencing facility/Chat/telephone

at the CSC• preference to be given to VCf and then the chat /telephone• tell the benefits of each Interaction option and its functionality;• reSponD promptly as soon as the meeting with paneL LaWYer is fixed

responsibilities 2. identification of citizens/cases for referral Legal Advice

Page 9: MainstreaMing teLe-LaW MODeL thrOugh COMMOn serViCe …tele-law.in/static/dist/pdf/iec-materials/handbook/plv-revised_f.pdfMainstreaMing teLe-LaW MODeL thrOugh COMMOn serViCe Centre

9www.csc.gov.in

responsibilities 3. connecting the citizens to the Panel Lawyer for Legal Advice

WHen to reach csc

HoW and WHo to connect

WHo will Give Advice

Payment linked to bank Accounts

1. pLV will be available for all working days exept from Saturday, Sunday, national & State holidays

1. the Village Lev-el entrepreneur (VLe) will enable smooth function-ing and connec-tivity of the Video Conferencing at the CSC;

2. the VLe will ensure a safe and secure envi-ronment for the women pLV;

3. eSSentIaL is to arrange for Women WaSH room facility

1. panel Lawyers placed at CSC- SpV

2. Legal advice as per the prior appointment and registration;

3. pLV to explain and read it over the advice given by the panel Lawyer

1. payment of rs 30 /- on each interface with the panel Lawyer;

2. the citizen will recieve a receipt of the payment made;

3. reimbursment of money to the citizen directly into their bank accounts

example -5

Yakang had a dispute with his neighbour over a piece of land and as the neighbour was a powerful goon he was afraid that he might hurt his family members

Yakang wanted to seek legal advice and he knew about the legal advice through CSC but he could not go as it was a holiday. He was disappointed as he had to wait for the next working days. He wanted the advice urgently.

Yakang rushed to the CSC informed the VLe and called up the pLV.

Understanding the case the pLV made for the request to the panel lawyer and called him and checked for their availability. on special request the panel lawyer gave him advice on the same day

9www.csc.gov.in

Page 10: MainstreaMing teLe-LaW MODeL thrOugh COMMOn serViCe …tele-law.in/static/dist/pdf/iec-materials/handbook/plv-revised_f.pdfMainstreaMing teLe-LaW MODeL thrOugh COMMOn serViCe Centre

10 CSC e Governance Services India Ltd

example -6 district facilitaion centres

arrey bhai maine nyaya mitra ke baare mein

Bhi suna hai? Koun hai ye log …yeh bhi kuch maddat karenge?

Kyon nhain …kul bharat ke 27 north-east and jammu & kashmir

Ke zilaon mein hamare nyaya mitra csc mein baithenge.

aur yeh purae 25 din humein muft kannoni salah denge aur hamare 10 saal se purane cases ko nyay dilnae mein maddat karenge;

In jagahon parr nyay mitra csc mein baithenge unhe district facilitation centres ke naam se jaana jayega

states nos .of dfcs

Uttar pradesh 70

Bihar 30

Gujarat 30

maharashtra 20

rajasthan 20

odisha 20

West Bengal 10

assam 17

arunachal pradesh 01

meghalaya 01

mizoram 01

tripura 01

nagaland 01

manipur 01

Sikkim 01

Jammu & Kashmir 03

We BuiLd trust By foLLoWinG these ……….ruLes

• ensure right to privacy in the tele-Law model

• prohibited from Disclosure of any data

• advice given by panel Lawyer kept confidential;

• final Legal opinion from the panel Lawyer will only mention the general recommendations

• pLV will seek ConSent from the Benefeciary before the benefeciary begins his talk with the panel Lawyer

• pLV will disclose about the benefeciary. right to be protected by not disclosing anyone (pLV/VLe) to sought legal advice from panel lawyer

By VLe

By PAneL

LAWyer

By PLV

Page 11: MainstreaMing teLe-LaW MODeL thrOugh COMMOn serViCe …tele-law.in/static/dist/pdf/iec-materials/handbook/plv-revised_f.pdfMainstreaMing teLe-LaW MODeL thrOugh COMMOn serViCe Centre

11www.csc.gov.in

• CSC to develop an online monitoring system for registration and pop ups /reminders for follow up;

• pLVs/VLe will fill the requisite database of the citizens referred for advice to the panel Lawyer

• Before ending the Chat/VC/telephone call, Citizen/VLe will be filling the feedback trackers

tracker-1- Quality of Advice

tracker-2-Video conference connectivity

tracker-3-suggestions, if any

Satisfactory; not Satisfactory; Did not understand; find another panel lawyer (preferance female/male)

Both audio and Video very clear; audible but Video not working; Both not Clear; preferred Chat;preferred telephone

any Suggestion...............................................

responsibilities 4.tracking of registered cases

Page 12: MainstreaMing teLe-LaW MODeL thrOugh COMMOn serViCe …tele-law.in/static/dist/pdf/iec-materials/handbook/plv-revised_f.pdfMainstreaMing teLe-LaW MODeL thrOugh COMMOn serViCe Centre

CSC e-Governance Services India LimitedElectronics Niketan, 3rd Floor,6, CGO Complex, Lodhi RoadNew Delhi – 110003Tel: +91-11-24301349Web: www.csc.gov.in

Department of JusticeMinistry of Law and Justice Jaisalmer House, 26, Mansingh Road, New Delhi-110011.

For more information, please contact: