The ongoing unprecedented COVID-19 pandemic has given rise to untold sufferings, particularly for the poor and the marginalized, for which they were not prepared. People in lakhs have lost their means of livelihood. Farmers are bearing the brunt. Daily wage-earners have no work, and hence have no income. Thousands of migrants are walking hundreds of kilometers to reach their homes, along with their small children. They are hungry and thirsty, but they are still walking. Pregnant lady has given birth on the road while walking back to her village for hundreds of kilometers. Several migrants have got killed in the accidents. One can surely wonder, where are the State Agencies?
Rather than finding them, let us delve into it from another angle – viz., the factor of breach of the rights and protections provided by the laws. There are approximately 200 laws which deal directly or indirectly with the children. There are a number of laws which deal with laborers and women. Above all, there is the Constitution of India providing ‘Right To Life’, which obviously is much more than the mere animal existence.
The reason for this state-of-affairs is crystal clear. The poor and marginalized for whom these rights and entitlements are meant, are not aware of them. They do not know how to navigate the complex administrative and judicial setup. They do not know how to access their entitlements. They do know the institutions meant for them. They do not know that their problems have legal dimensions and can be best solved in a legal way. In other words, they are not legally empowered. Their unresolved problems have the potential to aggravate and become complex and multifaceted legal issues with disastrous cascading effects.
Once the lockdown period gets over, it is feared that the distress may manifest itself in the form of marital disputes, issues between employers and employees, disputes between landlords and tenants, impact on rights of children as poverty may deepen. Besides, human trafficking may also increase – an important aspect to be taken care of by the public Authorities. The indirect impact of the Covid-19 may be more deadly than the direct effect. The problems and the legal needs and issues are likely to increase. In such an impending scenario, Legal Services Authorities have an important role to play. This is because they are mandated by legislation to provide free legal services to certain categories of people including women, children, persons with disabilities, industrial workmen, SC & ST and persons having annual income less than the prescribed limit and to make them aware of their rights and entitlements. Legal Services Authorities have presence in each and every district across the country, and have their reach till the grassroots level. This huge network needs to be more accessible to people to alleviate the sufferings of poor and for promoting and protecting their rights. Therefore, the services of these Authorities will be required more than ever before.
It follows that during and post lockdown period, Legal Services Authorities have to proactively enhance its visibility particularly in rural areas so as to make the public aware of their existence and the types of services being provided by them free-of-cost. It is also imperative to instill faith and awareness amongst masses that these Institutions have not ceased to work even during lockdown. Spreading legal awareness about rights and entitlements amongst masses is also required on a large scale. In order to make this happen, instead of the conventional methods, some other methodologies are required to be applied by the Legal Services Authorities. Legal Awareness Camps cannot be held in the way these were held earlier. The shift is required to make more use of other tools such as Community Radios, YouTube channel, television channels, local cable TV, Bulk SMS messages, and webinars. Some of these cost-saving tools have reached in rural India also, and hence can facilitate spreading of quality awareness. Most importantly, coordination with other government departments and NGOs and law colleges is the key for achieving maximum reach. This, in fact, is also provided in Sections 5, 8 & 11 of the Legal Services Authorities Act. Superior coordination will not only help in making the desired impact at the grass roots, but will also reduce operational costs.
Legal Aid Helpline Numbers need to be bolstered and popularized by Legal Aid Authorities. In collaboration with the call centres, these helplines can work in a more efficient manner. National Legal Aid Helpline Number 15100 shall be the backbone during these times. This can provide relief to many and make people aware of the support system. It will help make legal aid authorities more accessible to people. Also, PLVs with proper training on preventive measures can compile legal needs of people of their local areas, and transmit it to District Legal Services Authorities for appropriate action.
With a view to provide expeditious justice at the local level, mediations centers may be activated gradually, particularly to deal with marital and family disputes. In the urban areas, video tools may be used for conducting the counselling in such cases. Legal Services Clinics in far-flung and remote areas can be used for mediation with appropriate social distancing and other preventive measures in place. Organizing Lok Adalats with proper precautions on a small level quite frequently instead for going for Pan India Lok Adalats is one of the steps which may help in the settlement of disputes. Testing online methods of ADR in a district or so can be done, and thereafter the same can be expanded to other areas with course corrections.
Increased use of social media to disseminate information about the activities and capturing the legal problems of people is needed on a large scale. Moreover, the Legal Services Authorities need to collaborate with other government departments, law colleges, and NGOs working at the grassroots to maximize their reach and access. Competent legal aid and assistance should be the main focus of Legal Services Authorities, and the priorities in the changing and challenging times are required to be identified keeping in view the financially constrained environment which may emerge. The Legal Services Authorities have to identify the target groups and work with clear goals for providing assistance to the targeted groups.
Furthermore, long-term planning and restructuring in the new emerging scenario with at least five years’ vision plan with measurable goals may help in taking the Legal Services Authorities to the next level in terms of quality delivery of legal services and enhancing its accessibility. Legal Services with their committed workforce are without doubt doing exemplary work during the lockdown period. Lakhs of people have already benefited with their active interventions. But, they have to focus now more on new methods of identifying legal needs of people and providing appropriate legal aid and assistance and increase its accessibility to the poorest. New sustainable tools of legal empowerment of people need to be worked out by these Authorities. The legal empowerement will prove to be a vital tool to deal with the aftermath of the lockdown due to the COVID 19 pandemic.
