1.
Training programme on legal matters
Professor & Lawyer. Puttu Guru Prasad
M.B.A., M.Com., L.L.B., M.Phil., (PhD).,
VVIT- Nambur- Guntur – A.P.

2.
A.P. Lokayukta and Upa-Lokayukta
The Lokayukta ("appointed by the people") is an anti-corruption
ombudsman organization in the Indian states.
The Administrative Reforms Commission (ARC) headed by Morarji
Desai submitted a special interim report on "Problems of Redressal
of Citizen's Grievances" in 1966.
The constitution of the Institutions of Lokayukta and Upa-Lokayukta,
taking a clue from the Institution like OMBUDSMAN in the
Scandinavian countries.
SALIENT FEATURES OF THE INSTITUTION:
The most prominent features of the Institution of Lokayukta in this
State are:
i) Independence from Executive Control;
ii) Informal procedure and easy accessibility to complaints; and
iii) Almost free and prompt services to the citizens.

3.
A.P. Lokayukta and Upa-Lokayukta
FUNCTIONS & DUTIES:
The matters and actions of Public servants, which can form the subject
matter of the complaint to the Institution of Lokayukta and Upa-
Lokayukta, are:
1) Any administrative action involving abuse of power for personal gain
or to harm any one;
2) Administrative actions motivated by improper or corrupt motives
causing loss to the State or to any person; and
3) All actions involving outright corruption or lack of integrity. Institution
of Lokayukta of Andhra Pradesh
 Email: ap.Lokayukta@gmail.com
Website: http://lokayukta.ap.nic.in

4.
A.P. Lokayukta and Upa-Lokayukta
There are three modes for the Lokayukta and the Upa-
Lokayukta to act for taking up investigation of Administrative
actions of the nature as stated above.
Firstly, any citizen or aggrieved person can make a complaint.
 Secondly, the Lokayukta and Upa-Lokayukta suo-moto can
take up investigation on the basis of information received by
him otherwise than by way of complaints like newspapers,
reports, etc.
Thirdly, the Lokayukta or Upa-Lokayukta can act on a reference
from the Governor. For the purpose of conducting an
investigation in accordance with the provisions of the Act.
The Governor appoints a Judge or a retired Chief Justice of High
Court to act as Lokayukta and one or more District Judges to act
as Upa-Lokayuktas.

5.
A.P. Lokayukta and Upa-Lokayukta
The A.P. Lokayukta and Upa Lokayukta act , 1982 came into effect
from 23.09.83. It has been set up for the investigation of
administrative action taken by certain local and public authorities in
the state of Andhra Pradesh.
The act is mainly intended to curb political corruption among
certain, “ Public Servants”
The institution of Lokayukta and Upa Lokayukta is a fact finding
body.
The main function is to investigate the Administrative Action in
respect of which an allegation is made against any “Public Servant”
has to be investigated into by Lokayukta or Upa Lokayukta as the
case may be,
after following the procedure relating to the specific complaints
received as provided under section 9 and the procedure in respect
of investigation as laid down under section 10 of the Act.

6.
A.P. Lokayukta and Upa-Lokayukta
The Lokayukta or Upa Lokayukta shall not investigate any
allegation:
1.In respect of which a formal and public inquiry has been
ordered under the public services inquiries act, 1850.
2.In respect of a matter which has been referred for
enquiry , under the commissioner of inquiry act, 1952 in
case where the Lokayukta or Upa Lokayukta as the case
may be has given his prior concurrence for such inquiry.

7.
A.P. Lokayukta and Upa lokayukta
Under section 15 of the act, the Lokayukta or Upa
Lokayukta cannot investigate into allegations against:
1.The chief Justice or any judge of the High Court or a
member of the Judicial service.
2. Any officer or servant of any court in the state.
3. Advocate General , A.P
4. The chairman or a member of the APPSC
5.The chief Election Commissioner , the election
commissioner and the Regional commissioner referred to
in the art.324. C O I and the Chief Electoral Officer of A.P.
6.The Speaker and Dy. Speaker of the Legislative
Assembly

8.
A.P. Lokayukta and Upa-Lokayukta
Rule : 5
Preliminary verification of the complaint commences
Rule :6
1. Commencement of investigation into the complaint. A copy of
the complaint is sent to the public servant concerned against
whom allegation is made and the public servant is afforded an
opportunity to submit a detailed report in the matter.
2. If the grievance of the complainant stands redressed, the
complaint will be closed. Based on the report of the public
servant concerned if the Lokayukta, or Upa Lokayukta is
convinced that the complainant has no case, the complaint will
be dismissed

9.
The legal services authorities act,1987
Legal services authority act 1987 was amended by the legal
services authorities act 1994 has come into force in the state of
A.P with effect from 29-11-95.
Purpose of enacting the bill:
An act to constitute legal services authorities to provide free
and competent legal services to the weaker sections of the
society to ensure that opportunities for securing justice are not
denied.
The following are the legal services authorities as per the legal
services act 1987.
1. National legal services committee.
2. Supreme court legal services committee.
3. State legal services authority
4. High court legal services committee
5. District legal services authority
6. Taluq / mandal legal services committee

10.
The legal services authorities act,1987
The district legal services authority constituted by the
government consists of the following . It shall not have more
than 8 members.
1. Chairman- district judge/metropolitan/sessions/chief judge
2. Secretary- subordinate judge, functioning at the head quarters,
to be appointed by the state authority in consultation with the
chairman of the district,
3. Ex-officio members- 1. district magistrate, 2. super indent of
police, 3. chief judicial magistrate, 4. district Government
pleader.
4. Nominated members-1. president, bar association, district
court. 2. district public prosecutor, 3. lady advocate, 4. eminent
social worker, who is engaged in upliftment of weaker sections
or eminent person in the field of law ( to be nominated by the
state Govt, in consultation with Hon’ble chief justice)

11.
The legal services authorities act,1987
 Criteria for giving legal services;
Sec.12, every person who has to file or defend the
case shall be entitled to legal services under this
act, if that person is—
a.A member of a scheduled caste or scheduled
tribe
b.A victim of trafficking in human beings or begar
(labor) as referred to in article 23 of the
constitution

12.
The legal services authorities act,1987
a. A women or child
b.A mentally ill of otherwise disabled person.
c. A person under circumstances of underserved want such
as being a victim of mass disaster , ethnic violence, caste
atrocity, flood, drought, earthquake or industrial disaster
or
d.An industrial workman or
e. In custody including custody in a protective home
immoral traffic prevention act 1956, or juvenile delinquent
or psychiatric nursing home,
f. In receipt of annual income less than Rs. 8000/- or such other
higher amount as may be prescribed by the state Govt. If the
case is before a court other than the supreme court and less
than Rs. 12,000/- or such other higher amount as may be
prescribed by the central Govt.

13.
The legal services authorities act,1987
Procedure for filing the application:
The application for the legal aid to the poor has to be
submitted to the District collector which will be
forwarded to the District Judge and Chairman ,
District legal aid and advice committee to the poor.
The poor people who have no properties ad
economically backward are eligible to get legal aid.
The aid will be sanctioned by the District judge in the
committee constituted for the purpose.

14.
Lok adalats
Sec: 19,
1. Every state authority or dist. Authority or the
supreme court legal services committee or as the case
may be Taluq legal services committee may organize
Lok Adalats as such intervals and places and for
exercising such jurisdiction and for such areas as it
thinks fit.
2.Every Lok Adalats organized for an area shall consists
of such members of:
 a. serving or retired judicial officers and
 b. other persons of the area as specified by the
dist. authority

15.
Lok adalats
Sec: 19.5,
The Lok Adalats shall have jurisdictions to determine and
to arrive at a compromise or settlement between parties to
a dispute in respect of settlement between the parties to a
dispute in respect of’

1. any case pending before, or
2. any matter which is falling within the jurisdiction of and
is not brought before any court for witch the LOK
ADALATs is organized
Provided that the LOK ADALATs shall have no
jurisdiction in respect of any case or matter relating to an
offence not compoundable under law.

16.
Lok adalats
Cognizance of cases by LOK
ADALATs:
 Sec20:
1. Cases wherein the parties therefore agree, or
2. One of the parties thereof makes an application to the court for referring
the case to the LOK Adalats for settlement and if the court is prima-facie
satisfied that there are chances of such settlement or.
3. Court is satisfied that the matter is an appropriate one to be taken
cognizance of by the LOK ADALATs , the court refer the case to the LOK
ADALATs.
4. Every LOK ADALAT while determining any reference before it under this act with
utmost care to arrive at a compromise or settlement between the parties and shall
be guided by principles of JUSTICE, EQUITY, FAIR PLAY and other legal principles.
5. Where no award is made by the LOK ADALATs on the ground that no
compromise or settlement could be arrived at between the parties, the
record of the case shall be returned by it to the court from which the
reference has been received under sec 21 for disposal in accordance with
law.

17.
Lok adalats
Award of LOK ADALAT:
1. Every award of the LOK ADALAT shall be deemed to be
decree of a civil court .
2. Every award made by LOK ADALAT shall be final and
binding all the parties to the disputes and no appeal shall
lie to any court against the award

18.
Lok adalats
 Powers of LOK ADALATs:
a. The summoning and enforcing the attendance of any
witness and examining him on oath
b.The discovery and production of any document
c. The reception of evidence on affidavits
d.The requisitioning on any public record of document or
copy of such record or document from any court or office
and
e. Such other matters as may be prescribe.
f. All the proceedings before LOK ADALATs shall be
deemed judicial civil court.
g. It can specify its own procedure for the determination of
any dispute coming before it.

19.
Administrative tribunals
Tribunal as per dictionary means a judgment seat,
court of arbitration, or a body appointed to inquire
into some disputed question.
They are normally set up under statutory power
which also governs their constitution, functions and
procedures.
Administrative Tribunals mainly deal with the
matters of public administration.
While performing the various functions of the
government, the executive sometimes exercises
powers arbitrarily which cause grievance to the
citizens and employees.

20.
Administrative tribunals
Administrative tribunals are independent and they
are not subject to any administrative interference in
discharge of their judicial or quasi-judicial functions.
The prerogative writs of certiorari and prohibition are
available against the decisions of administrative
tribunals.
They exercise the powers of a civil court relating to
examination, discovery, inspection and production of
documents, compelling attendance of witnesses and
issuing commissions.

21.
Administrative tribunals
Preparation of Counter :
The language to be used while drafting a counter
should be lucid and concise.
The jurisdiction on the APAT is confined to matters
like recruitment, promotions, seniority and other
service matters.
Firstly, one must see whether the applicant has
exhausted all the other remedies available to him
departmentally for redressal of his grievance before
knocking the doors of the APTA for justice

22.
Administrative tribunals
Secondly whether the O A is barred by limitation of
time is to be examined as the tribunal cannot admit
an application after one year from the date the final
orders have been made in connection with the
grievance of the applicant.
It is better to begin the counter with a brief history of
the case. This should be followed by para-wise
remarks on the averments made by the applicant in
the O A either by rebuttal or by giving the factual
position. In the counter, correct rule position should
be highlighted. It should also be seen whether the
relief sought for by the applicant is in order or not.

23.
Administrative tribunals
Filling the counter in respect of the writ petition filed
in the high court;
There should be sufficient grounds to file a writ
petition.
The brief history of the case should ne prepared
Clearly mentioned for setting aside the orders of the
Tribunal
Understand the two types of notices and act
accordingly with the consultation of Government
pleader.

24.
Human Rights in India
The situation of human rights in India is a complex one, as a
result of the country's large size and tremendous diversity,
its status as a developing country, and its history as a former
colonial territory.
 It is often held, particularly by Indian human rights groups
and activists, that members of the Dalit or Untouchable caste
have suffered and continue to suffer substantial
discrimination.
Although human rights problems do exist in India, the country
is generally not regarded as a human rights concern, unlike
other countries in South Asia.

25.
Monitoring Human Rights Violations
 I. Ranking in Human Rights
 Violators Index:
 II. Political freedom
 III. Human rights violations by the security forces
 a. Custodial violence
 b. Extra- judicial killings
 c. Arbitrary arrest, illegal detention and torture
 IV. Judiciary and administration of justice
 a. Legal reforms b. Judges' Accountability
 c. Judicial delay

26.
Monitoring Human Rights Violations
 V. Effectiveness of National
 Human Rights Institutions
 VI. Repression on human rights defenders
 VII. Freedom of the press
 a. Attacks by the state agencies and political
activists
 b. Attacks by the Armed Opposition Groups

27.
Monitoring Human Rights Violations
VIII. Violations of the rights of indigenous peoples
a. Atrocities against tribals
 b. Land alienation and displacement
c. Repression under the forest Laws
d. Encroachment by non-tribals
IX. Violations of the rights of the Dalits
a. Denial of access to public Places
b. Physical attacks against the Dalits
c. Violence against Dalit women
d. Denial of land rights

28.
Monitoring Human Rights Violations
X. Violence against womenX. Violence against women
a. Violence by the security forcesa. Violence by the security forces
b. Violence by the Armed Opposition Groupsb. Violence by the Armed Opposition Groups
c. Cruel cultural practicesc. Cruel cultural practices
XI. Violations of the rights of the childXI. Violations of the rights of the child
a. Child laboura. Child labour
b. Child traffickingb. Child trafficking
c. Children in armed conflictc. Children in armed conflict
d. Orphaned childrend. Orphaned children
 e. Girl child: Target of sexual abusee. Girl child: Target of sexual abuse
f. Juvenile Justicef. Juvenile Justice
g. Torture of childreng. Torture of children

29.
Monitoring Human Rights Violations
XII. Status of internally displaced persons
XIII. Violations of the prisoners' rights
XIV. Violations of the rights of minorities
a. Attacks on the Christian minorities
b. Attacks on the minorities by the Armed Opposition
Groups in J&K
XV. Status of the refugees
a. Refugees under the government of India
b. Refugees under the UNHCR

30.
Monitoring Human Rights Violations
XVI. Violations of International Humanitarian Laws by
the Armed Opposition Groups
a. Torture b. Killings c. Abductions d. Extortion
XVII. Application of the National Security Laws
a. Cases under the Prevention of Terrorism Act of
2002
b. Cases under the Terrorist and Disruptive
Activities (Prevention) Act c. Cases under the Public
Safety Act

31.
Chronology of human rights in India
1829 - The practice of sati was formally abolished in British
India after years of campaigning by Ram Mohan Roy
against this Hindu funeral custom of self-immolation of
widows after the death of their husbands.
1929 - Child Marriage Restraint Act, prohibiting marriage
of minors is passed.
1947 - India achieves political independence.
1950 - Constitution of India establishes a democratic
republic with universal adult franchise. Part 3 of the
Constitution contains a Bill of Fundamental Rights
enforceable by the Supreme Court and the High Courts. It
also provides for reservations for previously disadvantaged
sections in education, employment and political
representation.

32.
Chronology of human rights in India
1955 - Reform of family law concerning Hindus gives
more rights to Hindu women.
1973 - Supreme Court of India rules in Kesavananda
Bharati that the basic structure of the Constitution
(including many fundamental rights) is unalterable by
a constitutional amendment.
1975-77 - State of Emergency in India - extensive
rights violations take place.
1978 - SC rules in Menaka Gandhi v. Union of India
that the right to life under Article 21 of the
Constitution cannot be suspended even in an
emergency.

33.
Chronology of human rights in India
1985-6 - The Shah Bano case, where the Supreme Court
recognized the Muslim woman's right to maintenance
upon divorce, sparks protests from Muslim clergy.
1989 - Scheduled Caste and Scheduled Tribe (Prevention
of Atrocities) Act, 1989 is passed.
1989-present - Kashmiri insurgency sees increasing
violence between militants and security forces, resulting in
heavy loss of lives.
1992 - A constitutional amendment establishes Local Self-
Government (Panchayati Raj) as a third tier of governance
at the village level, with one-third of the seats reserved for
women. Reservations were provided for scheduled castes
and tribes as well.

34.
Chronology of human rights in India
1992 – Demolision of Babri Masjid, resulting in riots across
the country.
1993 - National Human Rights Commission is established
under the Protection of Human Rights Act.
2001 - Supreme Court passes extensive orders to
implement the right to food.[2]
2002 - Violence in Gujarat, chiefly targeting its Muslim
minority, claims many lives.
2005 - A powerful Right to Information Act is passed to
give citizen's access to information held by public
authorities.
2005 - National Rural Employment Guarantee Act
(NREGA) guarantees universal right to employment.
2006 - Supreme Court orders police reforms in response to
the poor human rights record of Indian police

35.
A Mapping of Human Rights Issues
1. Custodial Violence1. Custodial Violence
2. Project displacement2. Project displacement
3. The internally displaced due to3. The internally displaced due to
con ictscon icts
4. Refugees4. Refugees
5. Land Alienation5. Land Alienation
6. Right Over Resources6. Right Over Resources
7. Urban Shelter and Demolition7. Urban Shelter and Demolition
8. Livelihood8. Livelihood
9. Sexual Harassment at the9. Sexual Harassment at the
WorkplaceWorkplace
10. Rape10. Rape
11. Death Penalty11. Death Penalty
12. Fake Encounters (Extra-12. Fake Encounters (Extra-
judicial killings)judicial killings)
13. Involuntary disappearances13. Involuntary disappearances
14. Extraordinary Laws14. Extraordinary Laws
15. Preventive Detention15. Preventive Detention
16. Detention16. Detention
17. Missing Women17. Missing Women
18. Homicide in the Matrimonial18. Homicide in the Matrimonial
HomeHome
19. Domestic Violence19. Domestic Violence
20. Sati20. Sati
21. Child Marriage21. Child Marriage
22. Child Labor22. Child Labor
23. The ‘neglected’ child23. The ‘neglected’ child
24. Child Abuse24. Child Abuse
25. The `unwanted’ girl child25. The `unwanted’ girl child
26. Prostitution26. Prostitution
27. Prisons27. Prisons
28. Wages to Prisoners28. Wages to Prisoners
29. Sexuality29. Sexuality
30. Freedom of Expression30. Freedom of Expression
31. Dalits31. Dalits
32. Medical Research32. Medical Research
33. Population Policies33. Population Policies
34. Organ Transplant34. Organ Transplant
35. Trafficking35. Trafficking
36. Bonded Labor36. Bonded Labor
37. Anti-liquor Movements37. Anti-liquor Movements
38. HIV and AIDS38. HIV and AIDS
39. De notified Tribes39. De notified Tribes
40. Tourism40. Tourism
41. Right to Information41. Right to Information
42. Bhopal42. Bhopal
43. Environment and Pollution43. Environment and Pollution
44. Political violence by non-44. Political violence by non-
state actorsstate actors
45. Clamping down on protest45. Clamping down on protest
46. Disability46. Disability
47. Corruption and47. Corruption and
Criminalization of PoliticsCriminalization of Politics
48. ‘Natural’ Disasters48. ‘Natural’ Disasters

36.
National Human Rights Commission
The National Human Rights Commission is an
expression of India's concern for the protection and
promotion of human rights. It came into being in
October,1993.

37.
Thank you
Professor & Lawyer. Puttu Guru
Prasad
M.B.A., M.Com., L.L.B., M.Phil.,
(PhD).,
VVIT- Nambur- Guntur – A.P.
pgpjntuk@gmail.com, cell - 9394969898