News Kashmir Analysis Domestic violence directed mostly against women is among the ugly crimes against humanity. We are since few years seeing a ugly spurt in the Cases of domestic violence in Kashmir. The domestic violence in some cases has also lead to deaths of young women which is shame on us . These ugly episodes also shows how much deep the rot is . We also need to understand the complete contours of domestic violence to resolve it .Domestic violence (also called domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. Domestic violence is often used as a synonym for intimate partner violence, which is committed by one of the people in an intimate relationship against the other person, and can take place in either heterosexual or same-sex relationships or between former spouses or partners. In its broadest sense, domestic violence also involves violence against children, parents, or the elderly. It can assume multiple forms, including physical, verbal, emotional, economic, religious, reproductive, or sexual abuse. It can range from subtle, coercive forms to marital rape and other violent physical abuse, such as choking, beating, female genital mutilation, and acid throwing that may result in disfigurement or death, and includes the use of technology to harass, control, monitor, stalk or hack.[1][2] Domestic murder includes stoning, bride burning, honor killing, and dowry death, which sometimes involves non-cohabitating family members.Recently we saw in North Kashmir an alleged tragic death of young women in domestic violence. Police recently constituted a Special Investigation Team headed by Additional Superintendent Baramulla to probe into the alleged domestic violence death of a woman from Kreeri area of the north Kashmir district.
In view of the sensitivity of the case, FIR 42/2022 under section 307, 323, 498A IPC of police station Kreeri, a Special Investigation Team is constituted for speedy/quality investigation of the case,” reads an order by SSP Baramulla Rayees Mohammad BhatThe realities show look at the three-year data reveals that crimes against women has increased more in Kashmir as compared to Jammu and Ladakh. A total of 1,756 cases have been registered in Kashmir, followed by Jammu that reported 1,570 cases of domestic violence. In Ladakh, 44 cases of domestic violence and six other category cases have been registered in the last three years.The domestic violence cases are certainly a bruise on soul of Kashmir
Mehsana, also spelled Mahesana, is a city and municipality in Mehsana district, in the Indian state of Gujarat. Mehsana is known as milk bowl of world and Mehsana is placed on the northern direction on Gujarat geographical map and renowned for oil and gas industries laid down in the city. At this calm and beautiful District of Gujarat the Tablighi Jamaat is leading the efforts of projecting great teachings of Islam in peaceful manner and also doing much work on ensuring the communal harmony. Tablighi Jamaat has a strong base in the State of Gujarat with Mehsana among its strong holds. Preaching muslims how to be good humans and how to contribute in the welfare of humanity is their focus. The likes of Mehboob Bhai From Tablighi Jamaat in Mehsana are taking the lead in urging the Gujrati Muslims to be exemplary humans and shine on the character front. He believes that humanity, pro people approach without any bias can make this world a very peaceful place. Mehboob Bhai lays emphasis that regular prayers can help a Muslim to be an example, as prayer heals many inner faults according to him. He states that humans should learn to respect each other despite many differences in thinking. In the belt around Mehsana District Mehsana scores of Tablighi activists campaign to masses how to be better humans and contribute to welfare activities.
Srinagar traders see rising demand for dates during Ramadan Mir Sabeen Gulrez Srinagar, Apr 29: During the holy month of Ramadan, Muslims in the valley devour massive numbers of dates, locally known as “Khezir.” After fasting for the full day, Muslims all over the world break their fast with dates, which is considered a Sunnah (prophetic tradition) of the Prophet Muhammad (PBUH).According to the survey done by News Kashmir Magazine Reporter Mir Sabeen Gulrez, the sale of dates in the first fifteen days of Ramdhan in the business hub of Srinagar’s Maharaja Bazar is 80 kg to 100 kg per day, while it’s more at some other shops as well.This figure varies from market to market as sales increase. If we talk about Koker Bazar in Srinagar, their sales are almost 100-200 Kg per day in the first fifteen days, while this figure decreases in the last fifteen days.Same as if we talk about Zaina Kadal Downtown and the whole sale market, which is a hub for dates and dry fruit, their sales are always at the higher end as compared to the retail markets of Srinagar’s Lal Chowk.
People usually sell 8–10 kgs of dry fruit per day in the first fifteen days, while the same sale decreases in the last fifteen days.
While talking with News Kashmir Magazine, Umar Mehraj, shopkeeper, Haji Mehraj Din Wani and Sons, said that, “If we see in the past three years, the market was hit very badly because of the pandemic, as people were not able to come out of their houses, and this year, Alhamdulillah, we had a very good market for dates, consumption was very good.”
We can see there is a variety of dates available in the market as at least fifteen to twenty-five (15–25) varieties of dates are available in which we have ”Ajwa dates,” “Mabroom,” “Ambar,” “Khalil” and so on. The dates that are exported from Medina are always in demand. Mostly, dates are exported from Tunisia, Palastine, Iran, Algeria and also many other countries. Market sales vary
From market to market. If we talk about Lal Chowk and Maharaj Bazar, they’re a business hub for these kinds of products. That’s why we see a big sale of dates during the initial days of Ramdhan. Now, it’s not only Ramadan that people prefer dates but also throughout the year.
in a chat, another shopkeeper, Kamran Mushtaq, said that, ”In the holy month of Ramdhan, mostly in the first fifteen (15) days, we usually sell 80kg to 100kg (one quintal) of dates.
We have a variety of dates available in which ”Ajwa Dates, Mabroom, Khalil, Medjol, Kemiya, Barari, National Dates, Sultan, Black Negin, Noor, Crown Dates, Pearl, Liberty, Ambar dates are available.
On priority In the market, Kalmi, Mabroom, and Ajwa Dates are on sale. Customers usually ask for this variety of dates, so they are always in demand. And about price, they are usually sold at the rate of Rs 500/= to Rs 1000/= per kg. The Date Market in Kashmir this Ramadan full of positive realities .
No country in today’s world can progress without making its research fields more robust and understanding the importance of research. Scientific administrators from across ministries deliberated on ways to make research assessment methods robust and inclusive so that new ideas that are relevant for India are encouraged and young talents get opportunities, at a workshop on Research Assessment Practices in Indian Funding Agencies.“Assessment of research is a burning challenge across the globe and experts from around the world are looking for ways to tackle it. India should develop its own method of assessing research projects, their outputs and outcomes that are adaptable to the country,” said DST Secretary Dr S Chandrasekhar. He highlighted the benefits of blind assessment—where the reviewer assesses projects without knowing the person or the institute which has submitted the proposal. Dr Chandrasekhar also stressed on the need to organize workshops for sensitizing reviewers.The recent day long workshop was organized by the Department of Science and Technology (DST) and attended by scientific administrators of different levels who participated in activities to help assess the current status of research evaluation and suggest measures for improvement.Senior Advisor, DST, Dr Akhilesh Gupta stressed on responsible research assessment that takes into account the huge diversity of India, in terms of geography, gender, access to resources, institutional facilities, etc. He also highlighted the need for a thematic club of reviewers and paying honorarium to reviewers for improving the quality of review process. On the otherhand, The science administrators discussed that since research priorities and challenges are changing with the time, the current practices built on incentives or indicators and primarily based on journal-based matrices required a relook and as recommended by the draft 5th STI Policy of India needed a reworked research assessment framework to improve the research . One hopes we take all the steps to make our research more robust .
Eid Fervour News Kashmir Exclusive Ramdan has almost cone to am end and we are marking the Eid Festivity. Eid al-Fitr also called the “Festival of Breaking the Fast”, is a religious holiday celebrated by Muslims worldwide that marks the end of the month-long dawn-to-sunset fasting of Ramadan. This religious Eid is the first and only day in the month of Shawwal during which Muslims are not permitted to fast. The date for the start of any lunar Hijri month varies based on when the new moon is sighted by local religious authorities, so the day of celebration varies by locality.
The need of the hour is we spend very less on this Eid and keep much for the poor hit hard by the pandemic Coronavirus especially during past few years .
Eid Al Fitr 2022 is expected to take place on May 2, according to Egypt’s National Research Institute of Astronomy and Geophysics (NRIAG). The president of the institute, Gad El-Qady said earlier this week that the crescent moon will not be visible at sunset on Saturday, April 30 in Egypt and other Arab countries.The Eid in South Asia countries is expected to be on May 3, 2022.This year Eid al-Fitr is expected to be celebrated on May 3 in India. As per the central government’s holiday calendar, Meethi Eid falls on May 3 and it is a gazetted holiday, however the celebration will depend on the sighting of the new moon.The date of Eid changes every year as it follows Hijri calendar, which is a lunar calendar and is based on the phases of the moon. The start of any Islamic month begins on the new crescent moon when sighted and confirmed by religious authorities. Eid is celebrated across the world on different days as per new moon sighting.After many years of Ravaging pandemic of Coronavirus the fervor of Eid is back in Kashmir especially with declining cases . Eid-ul-Fitr is expected to being celebrated across Kashmir with fervor once again as men, women and children dressed in their best will throng mosques, shrines and Eidgahs across the Valley for special prayers to mark culmination of the fasting month of Ramzan.People are praying for lasting peace and prosperity in Kashmir and this year the markets saw good volume of sales on the eve of eid and return of old hustle and bustle .The smile and happiness has been once again witnessed on faces of children and elders on eve of Eid ul Fitr in Kashmir. Nazir Ahmad, a commoner stated : ” This year after many years especially after the dark period of pandemic Coronavirus the fervor of Eid is back on the streets of Kashmir . Overall, people did good buisness and earned good after long time. We hope the fervor of Eid al Fitr Changes our lives to better.”
Kashmir revisits rich heritage on World Heritage Day
Mir Sabeen Gulrez
Srinagar :
A concerted effort to preserve our heritage is a vital link to our cultural, educational, aesthetic, inspirational, and economic legacies – all of the things that quite literally make us who we are — Steve Berry
To conserve the rich cultural heritage and the historical sites such as monuments, forts and palaces of a country the Department of Archives, Archaeology and Museums as part of World Heritage Day celebrated the day on 18th April, in order to generate the awareness about preserving the History.
The exhibition whose themes were “Rare Books, Manuscripts and Paintings” which they recovered from different parts of valley were showcased at Art Museum Stone Building Old Secretariat Srinagar on “Rare Manuscripts “.
The day is also referred to as International Day for Monuments and Sites.
The idea of International Day for Monuments and Sites was first established by ICOMOS in the year 1982. Later on, the United Nations Educational, Scientific and Cultural Organization (UNESCO) adopted the resolution in its 22nd General Conference in November 1983. Since then, World Heritage Day has been celebrated annually around the world.
The world on this day aims to recognize the efforts of all involved in the reservation,e.g architects,geographers,civil engineers ,artists, and archaeologists, who actually have involved themselves in the protection of Heritage.
Basically it’s celebrated just too aware our young and new generation about our rich cultural diversity that our ancestors have given to us, and the importance of preserving our ancient heritage. Only purpose of celebrating this day is to carry forward the legacy and preserve our culture.
We should aware our generation by activities including story telling sessions, visits to monuments and heritage sites , organizing essay and speech writing competitions, drawing and poster making designs, photography contests of ancient heritage monuments, conducting heritage festivals, telecasting movies with messages of culture and traditions.
The museum has put this year’s theme based on A Special Exhibition on “ Manuscripts, Rare Books and Paintings”.
While talking to Deputy Director Archives , Archaeology and Museum ,Mushtaq Ahmad Beigh told News Kashmir that,”we got inaugurated Art Museum on 15th August 2021 by our LG Governor Sahab. It’s main aim was to provide information to the people and provide space to local artisans.
There should be conservation, reservation to Sufi Shrines , Temples , Gurudwaras and Churchs, every sort of religious chains we are considering. This is the routine process of the department for organizing such exhibitions to make the required awareness among the people.
We have conserved Hari Parbat Fort and that’s a wonderful achievement. In Tral there was a temple whose wall was damaged we quickly came into action and reconstructed that again.
We usually appeal to the Heads of Educational Institutions to visit these venues along with their students so that they can be aware of their past how it happened to be. There will be no entry fee for students as well as for the public also. We have a rich cultural heritage and that legacy cannot move forward unless or until our generation is aware.
However, along with the government, there should be public awareness in the way we treat our monuments and important sites. Certain important things should be kept in mind such as cleanliness is of prime importance and one should not scribble anything on the walls of these historical places. Do not throw litters around the historical places and make it untidy. Respect the historical sites. “We have limited ourselves to a more introverted mind-set and therefore our involvement with our towns, cities and heritage is getting lost.
While talking with News Kashmir Muhammad Athar Samoon designated as Surveyor said that,” In a whole year we usually three auspicious days i.e. World Heritage Day, Museum Day, Archives Week. During these celebrations we usually do exhibitions of rare manuscripts ,nadir which is usually Three hundred or four Hundred (300-400)year back. These books are very rare and ain’t are available in local . After Museum Day is celebrated in 18 May in which we usually invite people, schools,colleges,universities so that they can visit there. Then comes our Archives Week which is celebrated in the month of November from 18 Nov- 25 Nov in which whole week is celebrated and many people do visit to our place. We usually invite people just to aware our new generation so that they can be aware what their ancestors have left behind their back. Usually researchers and scholars do visit us and we entertain them to our fullest . We have number of books and records left with us which is beneficial for the society , researchers and scholars.
Since people are very digital these days they have forgot to visit these places, whenever children or other young people come here they get usually astonished while watching these things. Our ancestors have written these books with their hands and have left a wonderful treasure behind them. Because for our new generation everything is computerized they became so curious to listen these stories how people of ancient times used to wrote these books. Yes , there is no doubt digitalization have put a generation gap where our kids forgot how our ancestors have survived. The department consists two calligraphers namely Ms. Rashida Iffat & Mr. Javaid Ahmad. Who are the most wonderful calligraphists as showing the skills of hand made Calligraphy in very good manner including sharing the stories and history about the ancient Calligraphy of manuscripts including Rare books.
Regarding our manuscripts we have Sharda, Sanskrit ,Bhoj Patra(leaves of a tree,still existing) .We have a survey team which usually surveys each month to different districts or parts of valley. And these survey team consists of Registar,Field Assitant,Surveyor, Research Assistant. Usually these teams consisted of three to four people (3-4) or so. In a month we usually surveys for a week.
Government has a scheme where they pay to people who wanted to preserve books at their home or libraries even. For that team usually goes for surveys and if they found them liable then these survey teams pay them . So, that they can preserve their treasure in form of books.
Its people who guides us that this person has this book ,that saint have that book. Usually we get Rare Manuscripts from saints and madrasa’s.
“I don’t remember whether it was 2016-17 there was a madrasa in which some four big bags were full of manuscripts , we asked them that we are on our survey if you want to sell them you are welcome, if not then we will let you know how to preserve them. We usually ask these people if scholar comes to you, help them in every possible way of yours”,he further added.
In a chat with News Kashmir Farhat Noori Museum Assistant/ Incharge Art Museum said that,” we had exhibition of rare manuscripts in which different manuscripts of different languages were shown to people. But here in Art Museum We have displayed almost number of paintings here in exhibitions in which Antiques are 53, while as Modern are 50 and the total number of paintings were 103. The names of paintings which have displayed on exhibitions were Kangra, Pahari, Basoli School Of Art (its very popular ), Rajasthani, Kashmir school of art, and Jammu school of art were present.
The paintings describe different scenario’s, in which artist describes everything. Artists when they look at these paintings get deep and feel as if they went to some other world even after spending hours while gazing they feel like they have lived in their own world, she further added.
Title:- WAR AND PEACEMonalisa Parida War and peace lies in every fellow who lives in this world. There are some people who are always ready to do war in small issues where it is not at all necessary on the other hand issues can get solved with the help of weapon of peace but still there are some people who don’t understand the language of peace and so in this situation fight takes place. But there are some people who always try to solve the problem with the help of peace. In this world where people are ready to show their superiority wherever they get a chance, people who believe in peace and they always try to solve their difficulties with the help of peace. War and evil, the greatest catastrophe that befalls human beings. It brings death and destruction, disease and starvation, poverty and ruin life. Peace is generally considered to always be a direct result of warfare. Peace is the concept of friendship and harmony among each other in the absence of violence, brutality and sadness. We can bring peace even without war. Peace is commonly used to mean a lack of conflicts such as war and freedom from fear of violence between individuals and groups. The whole world is divided into two parts, one is that there is all happiness, hope, light; the other is where there dejection and darkness. When the power of love overcomes the love of power, the world will know peace. Once the Prime Minister of India said:“Instead of thinking of war and preparing for war; we should think about peace and prepare for it.”
Abhishek Boney Singha – An Inspiration News Kashmir Desk Lauded as Padman of the North East the young and dynamic Abhishek Boney Singha has done a commendable job in the field of hygiene and Sanitation especially when it comes to ensuring required assistance to the women gender in this regard . Abhishek Boney Singha hails from the picturesque district of Golaghat in Assam wherein women did not use sanitary napkins and did not have any proper awareness of menstrual hygiene. He points out that majority of the women did not know about sanitary napkins and would begin laughing on the idea. He said that this zero awareness of health issues motivated him to begin the white revolution. Incidentally, this is the first sanitary pad bank in Assam and as Abhishek pointed the communities in the region were rife with superstition, taboos which often pushed these women to adopt unhealthy ways like use of a dirty cloth, during periods. Due to this the women were thus exposed to deadly diseases in the later stages of their lives.But Abhishek Boney Singha has come as fresh air of change .As a matter of fact , he started his work from Ground zero. reaching out to the community elders and educated women in the villages. He also got health workers on board for this mission. To create a model of deliverance, he reached out to Suhani Jalota of Myna Mahila Foundation that has set up a factory which manufactures sanitary products and employs underprivileged women. As part of Singha’s health awareness camps, women were educated about how to take care of their health and hygiene during menstruation using locally available means and food. “He is certainly a human of inspiration.
Aam Aadmi Party after its historic sucess in the recent Punjab Assembly elections is embarking on mission Jammu and Kashmir.
As the delimitation is about to be complete the likelihood is that Jammu and Kashmir would see historic assembly polls in October – November.
The ground zero pulse is that In the erstwhile state of Jammu and Kashmir the National Conference of Abdullah family ruled the roost for several decades , but Mufti family lead Peoples Democratic Party had also come of age in the previous two decades.
With the abrogation of article 370 and bifurcation of Jammu and Kashmir state into two Union territories Jammu and Kashmir, Ladakh the realities have changed. NC and PDP seem to have lost the selling points as they revealed their politics revolved around 370 .
The weak health of Congress Party at national level has impacted the local unit of Congress too.
Bhartiya Janta Party is wooing voters through different promises but several Muslim majority seats in Jammu and Kashmir make its task herculean. The fatigue with BJP in its bastion Jammu could also be its undoing .
The ground thus currently has much in offer for AAP.
Pertinently, this time due to absence of article 370 the national players would be having firmer chance .
Dynasty tag associated with regional powerhouses PDP and NC seems to be going against them now .
Many are stating that among national players AAP could be more serious challenger especially inJammu region as opposed to Kashmir region.
Historically, Punjab has had a huge cultural and social influence on Jammu. Soon after the AAP’s recent Punjab victory, Jammu which is a bastion of BJP, is abuzz with new political slogans. The AAP is using both nationalism and development to challenge BJP .
With BJP playing the major step of article 370 abrogation the local parties are struggling to present the agenda.
The Aam Aadmi Party is trying to cash in anger in pockets towards BJP among Jammu and Kashmir voters and lack of selling points for local parties to carve its base .
The recent joining of many leaders from Jammu and Kashmir including some municipal councillors from Srinagar in Aam Aadmi Party fold at a function in Delhi has boldened the AAP ambitions in JK .
The party leaders of AAP are motivated for the challenge.
NAVNEET MISHRA, STATE EXECUTIVE COMMITTEE MEMBER Aam Aadmi Party states : ” We have strong electoral fortunes in Jammu and Kashmir .
We need to remind ourselves that politicians for their selfish politics have made the place complex . They have lend great losses to the masses of Jammu and Kashmir via their vested interests . The Aam Aadmi Party will make sure the rise of common masses of JK and like Punjab and Delhi make them masters of governance. We envisage to end VIP culture. We have already formed committee in Jammu and Kashmir regions. We will contest all the 90 seats and achieve a thumping victory in the Assembly elections of Jammu and Kashmir. “
Navneet states that Aam Aadmi Party will revolutionize the all important health and education sectors of Jammu and Kashmir and make them free and accessible to one and all.
Mohammad Amin Dar, Secretary Kashmir Aam Aadmi Party stated :” The way traditional political parties for their selfish and vested interests have looted time and again the poor masses of Jammu and Kashmir, the ground is quite fertile for the growth of Aam Aadmi Party in Jammu and Kashmir. The AAP as Party has proven its effectiveness and efficient governance in Punjab and Delhi. The way bloodshed and corruption has been unleashed by the all political parties in Jammu and Kashmir we are bound to sweep the Assembly polls whenever they are held here .”
• FREE LEGAL AID IN JAMMU AND KASHMIR : challenges and recommendations By Advocate Adnan Magray (Adnanmagray123@gmail.com)
Legal Aid implies giving free legal service to the poor and needy who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any court, tribunal or before an authority. The concept of legal aid in the form of Article 39A exists in our constitutional framework. Hence, legal aid is not a charity or bounty, but is a constitutional obligation of the state and right of the citizens. The problems of human law and justice, guided by the constitutional goals to the solution of disparities, agonies, despairs, and handicaps of the weaker, yet larger brackets of India’s humanity is the prime object of the dogma of “equal justice for all”. Thus, legal aid strives 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. It is the duty of the State to see that the legal system promotes justice on the basis of equal opportunity for all its citizens. It must therefore arrange to provide free legal aid to those who cannot access justice due to economic and other disabilities.Time and again it has been reiterated by our courts that legal aid may be treated as a part of right created under Article 21 and also under Article 14 and Article 22(1)[Hussainara v. Home Secretary, State of Bihar. Also Khatri v. State of Bihar, Suk Das v. Union Territory of Arunachal Pradesh, Kishore v. State of Himanchal Pradesh.• How to avail of free legal aid ?• The right of early access to legal representation is one of the fundamental elements of fair trial rights. • Free legal aid can be availed either offline or online depending upon the preference of an individual. • One can directly approach the nearest Legal Service Authority and can either opt for already filled up forms or can put down on paper necessary details stating, in brief, the purpose for seeking legal aid.• Another alternative is to send the application online • i.e. by email to NALSA (at dlsa@nic.in) or through the online application form available at the official DLSA’s website• A person who qualifies the expressed norms demonstrated in the Legal Service Authorities Act 1987[8] within working days action is taken upon the stated application, without investing a cent and irrespective of fact one having his counsel during all stages can get free legal guidance and aid.• Regardless of getting legal aid from DLSA, one can still avail the services of private counsel after taking permission from the member secretary of DLSA . • Various Means of Justices Delivery System• Lok Adalat • How can one approach Lok Adalat? • A person can simply put down on paper the essential details with intention and can move to the nearest Lok Adalat service. Subsequently, before the trial procedure if a party wishes to resolve in the Lok Adalat[9] they can through the format available with Legal Services Authorities[10] or through an application. • Mobile Lok Adalats: A New Initiative • Mobile Lok Adalat is also known as Justice at the doorsteps. A team consisting of skilled individuals visits numerous remote areas as per the agenda instructed with the aid of DLSA. They stress resolving confrontations through compromise, they provide assistance and necessary information in case one requires legal help and focus on organizing legal literacy campaigns. • Legal Aid Clinics• The paralegal volunteers operate these clinics focusing on fixing issues of common people with dedication and a sense of commitment. • Legal Aid Clinics camps are located in a habitat that is easily accessible to the local people. To make them conscious of their protected rights and equip them to avail the privileges of the several aid programmes financed by the State and Central Government. • Pro Bono Legal Services• Pro bono legal services is a complimentary service that can be accessed through the website[11] using which the weaker and downtrodden sections of the society can approach a professional pro bono
• Online Forums• Every year we observe an increase in the volume of lawsuits adding to this the underprivileged people residing in villages and remote areas struggle to approach the courtroom taking into account the above-mentioned reasons DOJ (Department of Justice) had launched “Nyaya Bandhu”, a mobile application for the purpose to the uplift condition of the people making convenience pro bono services for all persons. • While other apps including path legal, legal aid, free legal advice are too available on the Google Play Store. One can post law-related queries, as well as search for specific lawyer’s and can get online advice, free legal advice etc. • Obstacles to Legal Aid in jammu and kashmir : • According to the recent census 13% to that are poor, while jammu and kashmir continues to be home to 32% illiterate people), the facts suggest that the large number population is illiterate and also unaware of their protected rights. • Lawyer’s cannot be Compelled• It is an undeniable fact that the attorneys furnishing pro-bono aid neither can be pressured nor can be compelled to go ahead with the lawsuit since they are not the public prosecutor so it’s up to their individual choice to continue with the case. • Although on many occasions the praiseworthy effort of many lawyers serving the impoverished area of society by means of imparting them relevant legal help free of cost has not received any worthy commendation.
• Major Drawbacks of legal aid in jammu and kashmir : • Lack of public legal awareness• About 70% of the people living in rural areas are illiterate and even more than that percentage of the people are not aware of the right conferred upon them by law.• It has been observed that even literate people on occasion lack awareness.• In the city area of Srinagar or jammu itself, only 76. 2% of women possessed the knowledge of how and what the legal aid services were and 23.8% were having no clue about the same . • Perception plays a significant role in shaping people decision• According to the one report, 76.2% of women knowing the types of poor services offered by Legal Aid counsels did not engage with them, while 23.8% women ignorant of such services, engaged in the decision-making process of not hiring a LAC just based on their perception (that itself was shaped by other) that the quality of the services suffers. • Further, the research also proved the fact that most of the women make these decisions based on perceptions of low quality as 97.2% of them had not previously engaged in any kind of legal aid services and had no direct exposure to the same. Only 2.8% of them had engaged in such services.• Poor shape of Legal Aid Counsels• As estimated by a study, 81% of Legal Aid counsels take up the job intending to serve the poor. However, this may be undermined by the following problems:• Low salary and delay in payment: the major issue affecting lack of incentive and preference for private law practice is the meagre amount of payment they receive with almost 23% of the candidates complaining regarding the same according to a study.• The research states the major cause of such delay to be the non-availability of funds with the DLSAs. • Legal aid as last option resorted to by people.• Almost 75% of people adopting such legal services believe in doing so as a last resort. Almost 22.6% of people have also shown their disapproval for resorting to such services in the future.• Also, due to lack of trust and reliability over legal aid services, 60% of women under the Study, despite being familiar with such services went on to adopt private lawyers.
• Recommendations : • The Legal Aid panel needs to begin with grass-root level, accordingly facilitating door to door services focusing on the layman and underprivileged section who seek legal guidance. A timely and coherent manner is vital for the sound working of the justice system and also enable the built-in trust of people. • Legal awareness drives need to connect far off remote regions for this traditional media, roadshows, loudspeakers, banners, brochure distribution so forward can be effective. • Informative projects or educational sessions running in the online media, print media requires a prior strategy i.e. set an intended interest group before dispatch of such projects as it will assist with bringing gigantic traffic. • Among the legal profession incentive for pro-bono must be inculcated. Paralegal career advantages must be promoted among undergraduates as the employment of paralegals and legal assistants are projected to grow 12 per cent from 2018 to 2028, much faster than the average for all occupations. • As discussed above, the board working toward legitimate help should participate in discussion with the public authority as the active role of legislative organizations in supporting and providing funds are imperative to provide the right tract to any awareness drive. • NGO’s, student organisations must promote informal paralegal services in isolated towns wherein basic amenities are not accessible.• The Legal Aid policy drafted by the paralegal groups must be monitored and biannual reports must be submitted to the respective DLSA.
• Frequent meetings must be conducted by the head DLSA of a distinct state to work on the ambiguity in the laws and work on solutions that navigate around the problems. • Mobile Lok Adalats must be backed financially by the government as it tends to be an effective instrument in settlement through compromise and facilitating legal counsel and direction.• For the youth activities – vivid work of art, banner making, animated videos, reviews, survey, paper perusing, attire and embellishments can be utilized to show support for a reason, enrolling like-minded individuals through online portals and wireless networks are few prescribed ways to boost legal literacy.• Incentives must be given on time and commendation by the aid of rewards, certificates, recommendation letters, remuneration to advocates and paralegals is requisite as it works as a motivating factor contributing to volunteer services. • Case Law• In Khatri v. State of Bihar[15], the Supreme Court held that the state is constitutionally bound to provide legal assistance by hiring a lawyer to an accused person not only at a trial stage. • Also when they are first produced before the magistrate or remanded time and again and such a right shall not be denied on the ground of financial or administrative inability or that the accused did not ask for it. • Magistrates and Sessions Judges have the responsibility to inform the accused of his rights.
