Varhad: Ensuring proper legal help to needy accused

 

 

 

The structure of the Indian Criminal Justice system is based on certain fundamental maxims and beliefs. One of those is, ‘Let a hundred guilty be acquitted, but no innocent person should be convicted’. But there have been numerous instances wherein the accused spent months or years in jail only because they could not afford proper legal help. While they languish in jails, their families also go through difficult times. Considering this plight, Ravindra Vaidya, an alumnus of Tata Institute of Social Sciences, Mumbai, started an NGO called Voluntary Action for Rehabilitation and Development (VARHAD) in 2002 in Amravati and has been tirelessly working to support such prisoners and their families and to rehabilitate them. “Around three years back, seven accused in Yavatmal district, all from a financially weak background, were awarded capital punishment in a murder case. As they could not afford a good lawyer to represent them, all were convicted in the case by the lower court. We challenged the verdict in the High Court and helped them in getting acquitted. There are many such examples where the accused got justice with proper representation by qualified lawyers,” said Vaidya, while talking to ‘The Hitavada’. “Just like there are specialist doctors for different ailments, you need a specialised lawyer for different cases.

 

A person can be arrested if anybody lodges a fake complaint. The court decides whether he/she is guilty or not, but till then he/she has to face hard time in custody. An accused may get jailed if the lawyer fails to represent the case properly in the court. Hence, we have developed a strong network of qualified lawyers in Vidarbha to represent cases right from lower courts to High Court. They stand for the accused without charging a penny. They are paid honorarium by us. We have succeeded in getting many accused released on bail or even got them acquitted of the charges,” Vaidya said with a sense of accomplishment. Explaining how the role of a lawyer is crucial in any case, Vaidya said, “Although according to the Indian law a person is considered innocent until he/she is proven guilty by the court, the onus falls on the lawyer to prove innocence. Those blessed with resources can avail expert legal help and go to higher courts, but for the poor it is a dead end.” VARHAD has not restricted itself to providing legal assistance. In some cases like dowry deaths, wherein all the family members are imprisoned, children are left to suffer with no one to look after them, the NGO takes responsibility for such kids.

 

“For the first time in Vidarbha, we started ‘Balwadi’ (pre-school) in the jail at Amravati and later on it was shifted outside the jail. The experiment was so successful that the wards of jail inmates and staffers were learning together. After a certain age, we admit such students to institutes with hostel facilities and look after their educational needs,” said Vaidya. Commenting on the highly successful ‘Gala Bhet’ scheme, Vaidya said, “Generally, relatives are not allowed to meet prisoners directly. Hence we took the initiative of holding direct meetings of children with their parents. On our appeal, children below the age of 16 years were allowed to enter the jail premises and spend some time with their parents.” VARHAD also strove to avail benefits of Government scheme for the children whose parents are in jail. “Orphaned kids are given aid under Balsangopan Yojana of the State Government. But wards of prisoners were not entitled to avail benefit of the scheme. We took efforts and they bore fruit when the demand was fulfilled and such kids also get aid now under the said scheme,”added Vaidya. “As these children grow up without their parents, we take care of them till Class 12 and help them face life’s challenges,” said Vaidya, hoping that these children come out stronger and lead a meaningful life. (To be continued...)