Schemes for Legal Services to Disaster Victims

The Scheme for Legal Services to Disaster Victims through Legal Services Authorities is a crucial initiative in India designed to provide immediate and comprehensive legal assistance to those affected by disasters, both natural and man-made. This scheme recognizes the unique vulnerabilities and legal needs of disaster victims and aims to ensure that they receive the support necessary for recovery and rehabilitation. This article explores the background, objectives, strategies, and machinery of this vital scheme.

Background:

• Section 12 of the Legal Services Authorities Act, 1987: This section makes victims of disasters who are under circumstances of underserved want eligible for free legal services.

• Unique Vulnerabilities: Disaster victims often face loss of life, homelessness, destruction of property, and psychological trauma, making them particularly vulnerable and in need of assistance.

• Need for Proactive Intervention: Recognizing the grim situations faced by disaster victims, the scheme aims to empower Legal Services Authorities to play an active role in disaster management.

Objectives of the Scheme:

• Provide Legal Services: To offer free legal services to disaster victims who are in circumstances of underserved want, including victims of mass disasters, ethnic violence, caste atrocities, floods, droughts, earthquakes, or industrial disasters.

• Coordinate Disaster Management: To coordinate with government and disaster management authorities for effective relief and rehabilitation.

• Reduce Risk and Vulnerability: To help victims and administrations reduce risk and adopt disaster mitigation strategies.

• Build a Platform for Recovery: To create a platform for early recovery and sustainable development of affected communities.

• Strengthen Capacity: To strengthen the capacity of victims to manage disasters at all levels.

Strategic Intervention by State Legal Services Authorities:

The scheme outlines a strategic approach for State Legal Services Authorities (SALSAs) to help disaster victims, including:

• Ensuring Immediate Help: Coordinating with governmental and non-governmental agencies to provide immediate relief.

• Coordinating Relief Activities: Coordinating the activities of different government departments and NGOs to bring immediate relief.

• Supervising Relief Distribution: Overseeing the distribution of relief materials.

• Supervising Shelter Construction: Supervising the construction of temporary shelters or transporting victims to safer places.

• Supervising Family Reunions: Overseeing the reunion of families separated by the disaster.

• Supervising Health Care: Ensuring proper health care, sanitation, and prevention of epidemics.

• Addressing Needs of Women and Children: Supervising the special needs of women and children, ensuring their safety and well-being.

• Ensuring Basic Necessities: Ensuring the availability of food, medicine, and drinking water.

• Supervising Reconstruction: Overseeing the reconstruction of damaged houses and restoration of cattle and chattel.

• Legal Awareness Programs: Conducting legal awareness programs in relief camps to inform victims of their rights and available remedies.

• Organizing Legal Aid Clinics: Setting up legal aid clinics in affected areas to assist in the reconstruction of valuable documents.

• Assisting with Government Benefits: Helping victims access benefits under government schemes and assurances.

• Rehabilitation of Orphans: Assisting in the rehabilitation, care, and education of orphaned children.

• Debt Relief Measures: Taking steps for appropriate debt relief measures for the victims.

• Rehabilitation of the Elderly and Disabled: Assisting in the rehabilitation of the old and disabled who lost their supporting families.

• Assisting with Insurance Policies: Helping victims with insurance claims.

• Arranging Bank Loans: Facilitating bank loans for restarting lost businesses and avocations.

• Providing Mental Health Support: Arranging for psychological and psychiatric counseling for victims suffering from trauma.

Machinery for Legal Services:

• Core Groups: SALSAs establish core groups in all districts, consisting of senior judicial officers, young lawyers, medical doctors, and accredited NGOs.

• Registers: The Secretary of the DLSA maintains a register with contact details of core group members.

Strategy for Legal Aid to the Victims:

• Immediate Response: The State and District Disaster Management Authorities are the nodal agencies for disaster response. The SALSA immediately alerts the DLSA, which then coordinates with the Disaster Management Authority.

• Core Group Involvement: The core group proceeds to the affected area and gets involved in relief efforts.

• Coordination: The DLSA and the core team coordinate relief activities to ensure a smooth flow of assistance.

Coordination with Government and NGOs:

• SALSAs coordinate with government departments (health, finance, social welfare, police) and NGOs to ensure effective relief operations.

• SALSAs obtain copies of disaster management plans and make suggestions for improvement.

Supervision of Relief Materials:

• The DLSA, in coordination with the Disaster Management Authority and government departments, supervises the supply of relief materials.

Supervision of Shelter Construction:

• The DLSA and core team supervise the construction of temporary shelters and transportation of victims to safer places.

Supervision of Family Reunions:

• The core team identifies traumatic situations and takes steps to console victims and search for missing family members.

Supervision of Health Care:

• The DLSA coordinates with the District Medical Officer to ensure proper medical care, sanitation, and preventive measures against epidemics.

Supervising the Needs of Women and Children:

• The scheme recognizes that women and children are particularly vulnerable and ensures their safety and protection.

Legal Awareness Programs:

• Legal awareness programs are conducted in relief camps to inform victims of their rights, remedies, and government schemes.

• These programs are conducted informally, avoiding ceremonial functions.

Organizing Legal Aid Clinics:

• DLSAs organize legal aid clinics in affected areas to assist in the reconstruction of valuable documents.

Rehabilitation of Orphans:

• SALSAs seek help from voluntary organizations and businesses to provide for the educational and accommodation needs of orphaned children.

Debt Relief Measures:

• Efforts are made to ensure that victims can access debt relief measures.

Restoration of Cattle and Chattel:

• The DLSA coordinates with the police and animal husbandry department to protect livestock and household articles.

Arranging for Mental Health Support:

• The DLSA coordinates with the District Medical Officer to provide psychiatric and psychological counseling for victims suffering from trauma.

Collection of Reports:

• The DLSA collects daily reports from the core group and sends them to the SALSA.

• The SALSA consolidates the reports and sends a comprehensive report to NALSA.

Conclusion:

The Scheme for Legal Services to Disaster Victims through Legal Services Authorities provides a comprehensive framework for addressing the legal and social needs of disaster-affected communities. By coordinating with government and non-governmental agencies, providing legal assistance, and promoting awareness, the scheme plays a vital role in ensuring that disaster victims receive the support they need to recover and rebuild their lives.