'Free legal aid at the doorstep, the need of the hour'
Source: Hueiyen News Service

Imphal, February 15 2013: With vulnerable and marginalized communities of the State like PLHIVs, transgenders, sex workers and drug-users not getting access to free legal aids for reasons ranging from lack of awareness to self-stigmatisation and other socio-economic reasons, legal aid at the doorstep has become the need of the hour.

This was highlighted during a half-day consultation on "Strengthening the Delivery of Legal Entitlements of Marginal Communities" organized under the joint aegis of (Manipur State Legal Services Authority) MASLSA, Manipur State AIDS Control Society (MACS), Project ORCHID and Centre for Advocacy and Research (CFAR) at Hotel Classic here today.

Representatives of the marginalized communities present on the occasion emphasized that stigma and identity of being drug users, transgenders or People living with HIV either criminalized them or made them more vulnerable to social stigma and discrimination.

In these circumstances, access to legal redressal is a challenge.

A Guneshwor Sharma, member secretary of MASLSA, who attended in the consultation, said that PLHIVs, Transgenders, sex workers and drug users should be given recognition as specific vulnerable communities entitled to access legal services and free legal aid under the Manipur State Legal Services Authority.

He pointed out that at present the sections of the society who are entitled to free legal aid are people belonging to ST and SC; women and children, industrial workers, victims of human trafficking, differently abled persons and those individuals whose annual income is below Rs 50,000.The marginalized communities like PLHIVs, Transgender, sex workers and drug users, since they do not represent a separate entity, are not entitled to free legal aid.

But since many of these marginalized communities are included in one or the other section of the society which are entitled to free legal aid, they are also entitled to the aid.

"Nevertheless, MASLSA would be proposing its board for inclusion of people living with HIV & AIDS, Transgenders, sex workers and drug users in a separate list of people eligible for accessing free legal aid in a meeting scheduled tomorrow at Imphal", he assured.

Dr.Shailesh Kumar Chourasia, Project Director of MACS, who spoke on "Facilitating access to legal aid for communities", acknowledged the difficulties faced by marginalized communities in accessing legal aid,and suggested setting up of 'nodal points' where legal authorities, NGOs, donors, community networks and agencies working with the marginalized communities can serve to bridge the legal services-community gap.

"All stakeholders need to be sensitized on the issue.

We cannot just put away a junk of marginalized communities', he added.

Sharing during the consultation, a transgender said, "A police team picked up two of us while we were coming back from an NGO related survey in 2006.It was already dark.

We were taken to their barrack in Imphal and made to dance and abused us sexually.

We were later dropped at the place from where we were picked up" .

Responding to incidents of rights violation by police personnel, a police officer, who took part in the consultation, said that the police department has stringent measures in place to address this issue.

Encouraging members of vulnerable communities to approach the police in such cases, the police officer maintained that personnel involved in such activities are booked depending on severity of the crime committed.

Sharing his views over the reasons why the marginalized communities are not being able to access free legal aid being provided, Shashikumar of SASO pointed out that 95% of the community are illiterate and have no idea of accessing the legal aid.

Moreover, being totally occupied in finding means of livelihood, these marginalized communities have no time to ponder over the Constitutional provisions related to legal aids.

As such, they remain deprived of access to free legal aid.

Vulnerable and marginalized communities including People who Use Drugs (PUD), People Living with HIV & AIDS (PLHIV), Men who have Sex with Men (MSM), and Transgenders (TG) representing various CSOs and NGOs of the State like the Community Network for Empowerment (CoNE), Manipur Network of Positive People (MNP+), All Manipur Nupimanbi Association (AMANA), Social Awareness and Service Organisation (SASO), Dedicated Peoples Union (DPU) from across the state took part in the interaction and shared their experiences.

The consultation also adopted a number of resolutions which include recommending action against any official or person not complying with the law or direct government to implement its programmatic commitments made to marginal communities to secure right to health and life; giving appropriate directives to the law enforcement and to take cognizance of cases of violence faced by the marginalized communities; directing drug rehabilitation centers and other healthcare facilities to ensure human rights are respected, patients are not forced or abused during treatment and treatment in accordance to the guidelines established by the Department of Social Welfare; to initiate interactions between marginalized communities and legal aid centres across the districts in Manipur; providing timely access to legal counseling for these marginalized communities through legal aid cells, initiating training for members of the community on legal rights across the districts of Manipur under the leadership of MASLSA; including members of the marginalized communities into the Peer Legal Volunteer initiative so that the communities are able to access timely legal aid.

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