PIL at Kerala HC, seeking free legal aid to Pravasi Community
Pravasi Legal Cell Vs Union of India, 24th July, 2020
A PIL filed by Pravasi Legal Cell before the High Court of Kerala, sought for providing free legal aid to the pravasi community. The petition stated that the Indian Constitution and the Legal Services Authorities Act,1987 have specific provisions for granting legal aid to Indian citizens, but that the Indian citizens living abroad were not receiving such benefits.
The petition further stated that the Indian Community Welfare Fund (ICWF) constituted in 2009 was not being effectively used for providing free legal aid to Indian emigrants. The grim position of Indian expatriates dying abroad and the situation of innumerable Indians returning home after losing job and without receiving due salaries and end of service benefits etc. were also highlighted in the petition.
The petition prayed that the vast segment of aggrieved Indian expatriates be provided free legal aid through the concerned Indian Embassies to help them obtain their unpaid wages and other service benefits.
Status of the Matter: The matter was heard by the Division Bench consisting of Chief Justice S. Manikumar and Justice Shaji P. Chali and directed the Centre and the State of Kerala to file replies. There are sufficient systems in place to ensure free legal aid for the pravasis, citing examples of madad, e-migrate under the Ministry of External Affairs, Indian Community Welfare Fund (ICWF) available with the Indian Embassies and NORKA of the Government of Kerala, the union and state governments submitted in their respective responses to the Court. The Court expressed its satisfaction over the existing systems as presented by the governments and expressed its hope that no Indians are left in peril without receiving proper legal aid.
The central government also submitted in its affidavit that the Ministry of External Affairs and Indian Embassies in various countries and the Indian missions would ensure that necessary legal aid is provided to Indian citizens in filing for their rightful wages and other provisions. Indian citizens in need of free legal aid abroad could request for help through the community welfare wings of the Indian embassies, madad or e-migrate portals of the ministry of external affairs.
The union government also made it clear in the affidavit that the embassies have ensured the service of lawyers and those citizens who had to return to the country without being able to file labor complaints etc. could do the same to claim their rightful wages and compensations through the Indian Embassies by issuing power of attorney. Relatives of Indians who died abroad during the lock down period could also apply for insurance and end of service benefits using these provisions, the affidavit stated.
Most importantly, disposing off the matter, the Kerala High Court has made it clear in a 62-page historical judgment that emigrant Indian citizens are eligible for free legal aid. This would provide a basis for Indian emigrants to seek free legal aid abroad and a ground to approach judicial forums, if this right was denied.