Work on Litigation

I. LEGAL SERVICES AND ADVOCACY

Litigation

Litigation is a crucial part of ALF activities and we have an active presence in the Family Courts, Magistrates Courts, Labour Commissioner’s Court, Juvenile Court, Karnataka Administrative Tribunal, High Court etc. Our objective has been to provide quality legal services to clients who are unable to afford it or clients whose advocates are unwilling to represent such as unorganized labour, sex workers and hijras.

We see our role as fulfilling the legal needs of these marginalized groups so that they can get some measure of relief through the courts. In this context we have taken up the cases of people marginalized on grounds of gender, sexuality, class and caste. We have taken up cases of contract labourers, women who are victims of domestic violence, divorce, guardianship and custody of children, right to residence, property rights, child labour, bonded labour etc. and sex workers who have been abused by the police. There is a great need for immediate legal intervention in the trial courts to counter false and frivolous charges filed by the police and other private parties to harass and further oppress the marginalized. ALF applies for bail, surety etc so that simple legal procedures are rendered accessible.

Whenever a client comes to ALF, it is vital that he/ she be counseled appropriately in order that the client makes the correct legal decision. In many cases a legal recourse may not be the answer to the problem. It is essential that all the legal options, the pros and cons of litigation, the time frame etc be made known to the client in order that the client can make a correct and informed decision. Many of these cases do not necessarily lead to litigation as the final option. ALF answers legal queries over the telephone. Pre-litigation work also includes drawing up of wills, sale deeds, release deeds etc.

The simplest problems get compounded in the case of poor/socially excluded clients as the system refuses to move in their favour. Therefore in most cases, our role is not limited just to litigating and representing the client in court but make regular field visits and liaise with the NGOs or the community to collect evidence and ensure that the witnesses summoned do attend to depose evidence. Most lawyers work in the traditional system of litigation, which works within the status quo, and even seeks to perpetuate it. We feel that we need to establish a presence in the courts so that we become known as doing social action litigation and are able to contribute to changing the culture of the courts.

This has been referred to as ‘insurgent’ jurisprudence wherein we are conscious of the fact that the courts are public arenas and that we should agitate issues of crucial public importance, so that we enable a greater sensitivity and responsiveness to issues of marginalization by the entire judicial system. However litigation remains only one part of the approach to issues of marginalized people. If people can be empowered to demand their rights and negotiate with the state to ensure that their rights are protected then it is a process which is more valuable than the empowerment of individual clients. We feel that litigation by itself cannot be the answer to the persistent and structural violation of rights suffered by many powerless sections of Indian society. With this perspective, we have always worked closely with campaigns and movements so that legal solutions are devised in a larger context. Thus litigation should be used as part of a wider political strategy to bring about social change.

We have been a part of the campaign for the contract powrakarmikas in Bangalore and have continued to associate with the struggle of workers of the Bharat Gold Mines against closure. On the other hand, more recently, we have become involved in representing sex workers in contesting false cases of soliciting booked against them. In keeping with our belief that the alternative lawyer should be open to using strategies apart from litigation to advance client interests alongside arguing the matters in court, we are also actively involved with other groups and have facilitated a sex worker collective so that the legal struggle is really one component of a wider political struggle to build a life free of violence for sex workers.

Therefore when it comes to the provision of legal services our objectives are: To provide cutting edge legal services and legal interventions by effectively and creatively using law and other related machineries on behalf of the marginalized persons/ communities will continue. Through our work we will strive to make legal processes accessible to affected persons/ communities. We will continue to build networks with partner NGOs and other state and national level coalitions. We will interface with various actors like the law enforcement authorities, the police, judiciary, the legal community, academics, and National commissions to move the system on behalf of the marginalized. Get involved in campaigns which see litigation as one part of a wider political struggle Use the platform offered by the court to proactively engage the judicial system with issues of marginalized groups and communities

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