Legal Aid Clinic (LAC) for HIV Affected Communities: Operational Strategy by United Nations Development Programme

Legal Aid Clinic (LAC) for HIV Affected Communities: Operational strategy

Report submitted to UNDP-India by:

ICRA Management Consulting Services Limited

Disclaimer: The views in this publication are those of the authors and do not necessarily reflect those of the United Nations Development Programme

ÂŠ UNDP India 2012. Published in India

ABBREVIATIONS AIDS

Acquired Immune Deficiency Syndrome

ANM

Auxiliary Nurse Midwife

ART

Anti-Retroviral Treatment

ASHA

Accredited Social Health Activists

AWW

Anganwadi Worker

CBO

Community Based Organization

CCC

Community Care Centre

DAPCU

District AIDS Prevention and Control Unit

DIC

Drop In Centre

DLSA

District Legal Service Authority

DNP

District Network of Positives

DWCD

Department of Women and Child Development

FCC

Family Counseling Centre

HIV

Human Immunodeficiency Virus

ICDS

Integrated Child Development Services

ICTC

Integrated Counseling and Testing Centre

IEC

Information Education and Communication

LAC

Legal Aid Clinic

NACO

National AIDS Control Organisation

NALSA

National Legal Services Authority

NGO

Non Governmental Organization

ORW

Outreach Worker

PLHIV

People Living with HIV

PPTCT

Prevention of Parent to Child Transmission

PRI

Panchayati Raj Institutions

SAATHII

Solidarity and Action Against the HIV Infection in India.

SACS

State AIDS Control Sociery

SHG

Self Help Group

SHRC

State Human Rights Commission

SLSA

State Legal Service Authority

Social Worker

UNDP

United Nations Development Programme

VAO

Village Administrative Officer

Targeted Intervention

STRC

State Training Resource Centre

Contents 1.

Introduction .................................................................................................................. 1 1.1

Background and rationale ................................................................................................... 1

1.2

Objectives of Legal Aid Clinics ........................................................................................... 1

1.3

Services provided under LAC............................................................................................. 1

1.4

Purpose and structure of this document ........................................................................... 2

Program management arrangements ......................................................................... 4 2.1

Roles of stakeholders .......................................................................................................... 4

2.2

Staffing at LAC...................................................................................................................... 6

Protocols and indicators ............................................................................................. 8 3.1

Functions of LAC .................................................................................................................. 8

3.2

Key activities of LAC ............................................................................................................ 8

3.3

Performance indicators for LAC ....................................................................................... 10

Training and capacity building ................................................................................. 12 4.1

Training plan ....................................................................................................................... 12

4.2

Training contents ................................................................................................................ 13

Advocacy and awareness generation ...................................................................... 14 5.1

Advocacy ............................................................................................................................. 14

5.2

Awareness generation for LAC ........................................................................................ 15

Sustainability and resource mobilization ................................................................. 18 6.1

Program suatainability ....................................................................................................... 18

6.2

Resource mobilization ....................................................................................................... 19

Scale up plan.............................................................................................................. 20 7.1

Budget for LAC ................................................................................................................... 20

7.2

Options for setting up the LAC ......................................................................................... 21

Program monitoring................................................................................................... 23 8.1

Monitoring system .............................................................................................................. 23

8.2

Recording and reporting formats ..................................................................................... 23

Annexes 1. List of documents referred 2. Composition and roles of human rights forum 3. TOR for LAC clinic and the staff 4. Case recording format 5. Areas for training of LAC staff 6. Format for registers at LAC 7. Format for monthly progress report iii

1. Introduction 1.1 Background and rationale India has an estimated 2.3 million people living with HIV (Annual report NACO 2011). The low status of women is contributing to the increasing feminization of the epidemic in India. Orphaned children also carry a heavy burden â&#x20AC;&#x201C; facing stigma and discrimination, and heading households when family members die. Experience in the response to AIDS has shown that access to legal services is an important part of guaranteeing protection from discrimination, getting redress for human rights violations, and expanding access to HIV prevention and treatment. Access to legal services for individuals affected by HIV is a very important component to the overall enabling environment. 1.2 Objectives of Legal Aid Clinics Legal Aid Clinics (LAC) are required to provide HIV-related legal and support services such as resolution of disputes, intervening in situations where human rights of People Living with HIV/ AIDS (PLHA) are being violated and to provide assistance in linking the PLHIVs with relevant welfare schemes of the government. These services are to be delivered to the PLHIV through the institution of LAC while also garnering the support and cooperation from key district level institutions including the District court and Districts Legal Services Authority (DLSA), the district chapter of the Bar council, office of District Collector, Police department, Health and family welfare department, District Network of HIV Positive People (DNP), NGOs, CBOs and individuals working in areas of human rights and HIV/AIDS in the districts and the district level media. These services will be required to be delivered in a variety of settings, for example in conjunction with HIV prevention, treatment, care and support services, in conjunction with other legal services addressing other needs (not necessarily HIV-related) or on a stand-alone basis1. 1.3 Services provided under LAC The LAC are expected to function as a front office for receiving information on disputes and human rights violations, request for linkage to services and complaints against denial of services in case of PLHIV and their immediate family members. The LAC is further required to function as a first level of contact for any of the above problems, systematically reviewing the nature of complaint, registering the complaint/ request in relevant format, including collecting relevant background/ supporting documents and processing the individual cases/ complaints for further action. The LACs will offer primarily three kinds of services: 1. Legal information and referral: Resolving disputes including human rights violations through non-legal intervention: Counseling, mediation, addressing stigma and discrimination

An analysis of different options/ models for setting up of LACs is provided in subsequent chapters

2. Legal advice and representation: Resolving disputes including human rights violations through legal intervention: Using the Lok Adalat under the DLSA to settle disputes; in case that does not work, filing a court case through DLSA. 3. Additional services: Facilitating access to government schemes (e.g. widow pension, distress relief) Additional functions of the LAC will include: 4. Education of people living with and affected by HIV and key populations about their legal and human rights (â&#x20AC;&#x2DC;legal literacyâ&#x20AC;&#x2122; and empowerment programmes). This is essential to ensure that those accessing legal services include people who otherwise might not know that their legal and human rights have been infringed or how to enforce their rights. 5. Education of lawyers, paralegals, judiciary, nongovernmental organizations, prosecutors and police about HIV/AIDS, and the specific problems being faced by the PLHIV including the typical nature of disputes and possible support for redressal of disputes 6. Education of the media, employers, trade unions and other groups about HIV/AIDS, and the specific problems being faced by the PLHIV including the typical nature of disputes and possible support for redressal of disputes 7. Research on trends of HIV-related legal cases, including the monitoring and documentation of human rights violations. 8. Advocacy with concerned departments, e.g. Police, for resolving disputes through their intervention, as well as with Health and Family Welfare, School Education, etc. for reduction of stigma and discrimination in dealing with HIV positive cases. 1.4 Purpose and structure of this document This operational strategy primarily addresses the organization of LACs, the processes and protocols for various functions of LAC, and monitoring of functioning of LAC. The structure of the document is as follows: Chapter 2: describes the program management arrangements for the LAC in the district. It covers roles of stakeholders, and staffing of LAC including overall terms of reference for legal aid clinic and detail job description for various staff at LAC Chapter 3: covers the processes and protocols for functioning of LAC Chapter 4: addresses various aspects of training and capacity building of LAC staff Chapter 5: outlines the advocacy and communication strategy for LAC Chapter 6: details out the sustainability and resource mobilization strategy for LAC Chapter 7: outlines the scale up plan including detail budget and options for setting of LAC in the district Chapter 8: lays down program monitoring arrangements including the design of data recording registers and reporting formats for LAC This operational strategy has been developed after detail study of functioning of LACs supported by UNDP in the states of Andhra Pradesh and Tamil Nadu; consultations with key stakeholders including 2

functionaries of SACS in these 2 states, Members secretary (present and former) of National Legal Services Authority (NALSA), State Legal Services Authority (SLSA) and District Legal Services Authority (DLSA), key NGOs and civil society groups involved in legal services for PLHIV; and after referring to relevant documents related to legal services. A list of documents referred to is provided at Annex 1.

2. Program management arrangements The LAC is to primarily function under overall management of District AIDS Prevention and Control Unit (DAPCU) set up under the State AIDS Control Society (SACS). However, in districts where the DAPCU is nonexistent, it would be decided by the respective SACS to either set up the LAC under the district level ART clinic or the district network of HIV positive people. The LAC should function in close coordination with District Health and family Welfare/ NRHM set up, State and District Legal Services Authority, and district network for HIV positive people. 2.1 Roles of stakeholders Specific roles of various stakeholder agencies in LAC will be as follows: State AIDS Control Society (SACS) SACS will have the overall responsibility for managing the program at state level, issuance of necessary guidelines providing required budget, funds disbursement and monitoring of service provision by LAC. Specific responsibilities will include: Constituting a human rights forum at SACS (the composition and roles of this forum are provided at Annex 2. Appointing/ deputing a nodal person at SACS for overall management of LACs in the state. Depending upon the number of districts having LACs in the state; the nodal person could either be a an existing Mainstreaming officer/ TSU team leader/ GIPA coordinator (for upto 10 districts having LACs in a state), or a separate nodal person would need to be appointed for LACs in case a state has more than 10 districts with LACs. Developing a capacity building plan and overseeing its implementation in for key stakeholders in the state (e.g. for sensitization trainings of judicial officers and advocates in the state and respective DLSA) HR appointment for LAC Developing communication strategy and relevant communication material for LAC Developing reference material including list of schemes under which PLHIV could be benefited in the state Reviewing the functioning of LAC through analysis of monitoring reports and undertake field visits to sample LACs every month along with competent SLSA representative Reviewing and approving budget and sanctioning funds for LACs Develop framework and provide guidance to other program structures for HIV/AIDS in the state and districts for coordinate their activities with LACs State legal services authority (SLSA) SLSA is responsible for overall supervision and control of functioning of High Court legal services committee, DLSA and TLSC, and providing necessary guidelines for various programs in the districts (including training for paralegal volunteers), as per the Legal Services Authority Act, 1987. Specific responsibilities will include: Issuing necessary orders to respective DLSA for deputing empanelled advocates to LAC 4

Sensitizing DLSA about HIV/AIDS and the issues of PLHIV Monitoring the progress of DLSA Providing necessary guidelines/ orders for various programs in the districts (including training for paralegal volunteers) Focusing on the legal services for PLHIV (including speedy disposal of such cases, etc.) Providing guidelines for orientation of the legal fraternity, especially the advocates on the issues of PLHIV Develop grievance redressal mechanism within State Human Rights Commission (SHRC) District Legal Services Authority (DLSA) DLSA is the nodal institution for providing free legal services to deserving cases including PLHIV through counseling, and mediation under the Lok adalat, referring such cases which cannot be resolved through counseling and mediation to courts and appointing advocates for court cases. The DLSA is also responsible for deputing lawyers to attend LAC on periodic basis for counseling and legal advice to PLHIV visiting the LAC. Specific responsibilities will include: Deputation of advocates empanelled with DLSA for providing services at LAC Sensitization/ orientation of judicial/law officers under DLSA about HIV/AIDS and PLHIV Conducting Lok Adalat for mutual settlement of cases, including cases referred by LAC Conducting village level and Targeted Interventions (TI) level legal camps including for sensitization of PRI members and village community members on HIV/AIDS Regular sensitization of lawyers, especially those empanelled with DLSA/ Lok Adalat on the issues of PLHIV Coordination with LAC for disposing the PLHIV cases on priority (within a limited time frame) and closely tracking of such cases. District AIDS Prevention and Control Unit (DAPCU) DAPCU is primarily responsible for operation of LAC including disbursement of salary to LAC staff, coordination with DLSA and monitoring the progress of LAC and reporting this on periodic basis to SACS. Specific responsibilities include: Functioning of LAC within the district including funds flow/ payment of salary of LAC staff Coordination of LAC with other key departments at district Monitoring progress of LACs and reporting this to SACS Participating in the review meeting with DNP, DSLA, NGOs/CBOs and PLHIVs. Implementing the IEC plan to reach out to key stakeholders/ target groups Managing the trainings for LAC staff and other stakeholders District Network of HIV Positive (DNP) and TI NGOs DNP and TI NGO is responsible for providing support to LAC through referral of cases, and closely working with PLHIV for providing assistance in linkages with schemes, forming and supporting Self Help Groups (SHG) and advocacy for services for PLHIV. Specific responsibilities include: 5

co-ordinations and support to the LAC Promote LAC among the PLHIV and TI partners and refer cases of dispute, etc. to LAC Identifying clients for the legal aid clinics through its ORWs Coordination with other departments including Police sensitizing their officers and constables towards the issues of PLHA and functions of LAC Participate in awareness program about LAC among the PLHIV Develop networks with Human right organisations PRI members/ village level community Village community and PRI members are expected to help control the spread of HIV/AIDS in their village/ Panchayat primarily through supporting the government and non government initiatives aimed towards awareness generation about HIV/AIDS and provision of required services for vulnerable population and PLHIV in their respective areas. They are also expected to emphasize with the HIV positive persons and provide required support and motivation in times of distress and during disputes. 2.2 Staffing at LAC The LAC will engage a social worker and 2 outreach workers as regular staff of LAC. In addition it will also co-opt services of 2-3 advocates to be deputed on a fixed time basis by the concerned DLSA. Specific responsibilities of the LAC staff including the advocates deputed to LAC are: Social Worker (SW) is responsible for meeting the objectives of LAC through receiving of cases of disputes among PLHIV, conducting counseling and mediation, and referral of cases to DLSA if mediation fails; linking PLHIV to relevant government schemes; maintaining coordination with other key departments and functionaries in the district and documentation, reporting of progress of LAC The advocate is required to review the cases of dispute arriving at LAC, provide professional advice for deciding the course of action, support the social worker for counseling and mediation in cases, to adequately place the case before DLSA if all other modes of resolution of the case fail, and regularly follow up the cases of PLHIV referred to DLSA by the LAC Outreach Worker (ORW) is responsible for working closely with the PLHIV, to educate and make them aware of their basic rights, and the institution of LAC including the services available at LAC, identify cases of dispute involving PLHIV and refer these to LAC, follow up on cases pending at LAC, as well as with concerned departments for linkages with schemes. The ORW is also responsible for establishing linkages with village level institutions (e.g. PRI) and frontline workers and educating them about the issues and services available for PLHIV and soliciting their support for the cause of PLHIV in their areas. The LAC will work under overall administrative and functional supervision of respective DAPCU in the district. In the districts where DAPCU is not available the responsibility for supervision of LAC will rest with the DNP of the district nominated by the SACS. An indicative organogram of the LAC is provided at Exhibit 2.1.

Exhibit 2.1: Organogram of LAC District Aids Prevention Control Unit (DAPCU)

District Legal Services Authority (DLSA)

Social Worker

Advocate from DLSA (2 advocated deputed to attend LAC in the district)

2 Outreach Workers

The overall terms of reference for legal aid clinic and detail job description for various staff at LAC, including basis for assessment of performance is provided at Annex 3.

3. Protocols and indicators 3.1 Functions of LAC The LAC is expected to function as a front office for receiving the complaints/ applications, recording the complaint, verifying the nature of complaints/ service requirement, collection of relevant information including data, counseling to the complainant/ client, advising him/ her on relevant course of action and conducting mediation sessions if feasible. In addition, the LAC is also expected to function as a nodal point where the PLHIV can obtain information about existing government schemes applicable under different situations and seek to get enlisted and avail benefits under the relevant schemes. A flowchart of activities for LAC is provided at Exhibit 3.1. The LAC social worker will be responsible for recording the cases, collecting relevant documents and consulting the advocates on further course of action related to a case. For this a standard case recording format is developed for some typical nature of disputes received at LACs. These disputes being: 1. Property 2. Divorce 3. Custody of children 4. Others The LAC social worker will record the case details including the nature of case, persons involved, key incidents, etc. for each of the above cases in pre designed information collection formats. A sample of these formats is provided at Annex 4. The LAC social worker will also be responsible for developing and maintaining a compilation of government schemes applicable for PLHIV and updating this on a quarterly basis with any new scheme, or by dropping out a closed scheme. The social worker in the course of receiving/ counseling a PLHA will also enquire about his/ her status (of being PLHA, to be verified through the ICTC report/ testing id), economic condition (APL/ BPL), and other social and caste based information (General, OBC, SC, ST) and thereby try to identify relevant schemes applicable to the PLHA. Based upon the eligibility of the PLHA for different government schemes, the social worker will assist him/ her in getting registered for the relevant scheme and to avail the benefits. 3.2 Key activities of LAC Key activities of LAC would consist of but not be limited to the following: Information, advice and representation To provide information and legal advice to people living with and affected by HIV. To provide legal representation, through concerned legal services authority (DLSA), voluntary organizations or individual advocates willing to contribute professional time for providing legal advice and support to PLHIV. To represent and provide relief through coordination with key government authorities (e.g. District collector, Police, Welfare departments, etc.) and civil society groups in urgent cases to prevent serious violations of human rights; for example eviction, removal from school. 8

EXHIBIT 3.1: SEQUENCE OF ACTIVITIES TO BE UNDERTAKEN AT LAC Receive the compalint

Discuss the compalint

Scheme

Dispute Dispute / Scheme

Compile directory of applicable schemes of various depts & eligibility

Listen to the client about his/her dispute

Counsel the PLHA about the applicability of scheme based on eligibility status

Identify nature of dispute (Divorce, property etc)

Identify PLHA/s eligibility for a given scheme Record the case in given format Yes

Collect relevant documents Provide required format & list of documents required Ask for remaining documents & suggest for counselling Get the format filled & enclose the documents

Get independent verification of complaint done by ORW

Advice PLHA on submission of the documents to relevant office

Counsel the client (suggested date of counseling)

Identify possibility of mediation

Yes

Consult the advocate and send a letter / notice to both parties appearing at LAC for mediation

Accompany in case he/she is unable to do so

Forward the case along with relevant documents to DLSA

Maintain the list of department wise application with data submitted

Follow-up through ORW at concerned departments No

Yes Record presence of both parties on given date for mediation

Identify the gaps in application, documents and inform PLHA

Conduct mediation in presence of Advocate Forward the case along with relevant documents to DLSA

Maintain the list of PLHA enrolled and number of PLHA availing the schemes

Record the minutes & get these signed by all participants

Close the case

Inform the PLHA about his/her ineligibility

To support in preparation of will, and other legal documents that relate to managing property, finances and care arrangements. To provide support to clients in accessing alternative dispute resolution processes, including village panchayats and tribal systems of justice. To provide outreach to clients in community settings and prisons and to support paralegal and volunteer staff to deliver effective legal services in community settings. Human rights education To engage in community legal education to raise awareness of human rights and legal rights and how to enforce rights though formal and informal means. To educate lawyers, magistrates, judges, police and officers/ staff of other related government departments about HIV and issues of PLHIV. To support the involvement of people living with HIV as educators in law and human rights. Advocacy and other services To engage in advocacy regarding correct knowledge, positive attitudes and sympathetic behaviour of frontline staff and key officers of relevant government departments towards PLHIV. To document and compile case studies of common disputes and the steps undertaken for resolving of these disputes including lessons learned To maintain a list schemes and other government services available for PLHIV and support the PLHIV and getting linked to these schemes for availing the proposed services. 3.3 Performance indicators for LAC Key outcome indicators for the performance of LAC will consist of: PLHIV have adequate awareness about the legal provisions and services available in the districts for protecting their rights PLHIV HIV feel that their rights are protected and respected in the society PLHIV have access to government schemes and have access to these schemes Key stakeholders in LAC are aware and conscious of their duties for protecting the rights of PLHIV. Key process indicators for LAC will consist of: The proportion of PLHIV who have been educated and informed about their rights and the services available at LAC. The proportion of PLHIV who have faced disputes/ encroachment of rights have availed services from LAC Proportion of PLHIV who are eligible for benefits under various government schemes have been linked to these schemes Level of awareness about HIV/AIDs and the issues of PLHIV among key district institutions including District administration, district courts, bar council; and the village based institutions including PRIs, and frontline workers including School teachers, ANM, AWW and ASHA. 10

Compilation of good practices and case studies by LAC based on cases resolved successfully and use of these case studies for improving the service delivery strategy of LAC The number of cases of HIV-related human rights violations documented by people living with HIV reached and referred to an appropriate agency. A baseline study for assessing the status on the above indicators will need to be conducted in each of the districts prior to initiation of LACs and subsequently periodic assessments on the performance of the LAC based on the above indicators will need to be conducted.

4. Training and capacity building 4.1 Training plan Training and capacity building of LAC staff as well as other stakeholders including PLHIV is integral for effective functioning of LACs. The approach to training and capacity building will consist of trainings for key LAC functionaries and stakeholders and provision of resources on law and HIV/AIDS to all stakeholders. Key persons to be trained from LAC functionaries would consist of 1. Social worker 2. Out reach worker Other key stakeholders who would need to be trained would include 1. Advocates from DLSA 2. PRI members 3. DNP members 4. TI advocacy officer and project coordinator Training for LAC staff The Social worker and ORWs will undergo an induction training within 2 months of their joining the LAC. This will be a 2 day training where they will need to be oriented about the functions of LAC, their roles and responsibilities and about HIV/AIDS and the issues of PLHIV. Once in every six months, the LAC staff will need to undergo 2 days skill development training, which will consist of legal awareness and mediation and counseling skills development. The LAC staff will also be made aware about the existing schemes and programs of government including the eligibility criteria and benefits available under these schemes. During these trainings, the LAC staff will also share their experiences and learning based on handling cases at the respective LACs. Training for advocates Advocates, deputed from DLSA to the LAC will need to undergo orientation training aimed at sensitizing these advocates on the nature of the disease, the issues being faced by PLHIV including human rights violations and stigma and discrimination; government programs for addressing the disease including services available for PLHIV; objective and key functions of LACs and their role in enabling the LAC provide required services to PLHIV. The training for advocates will be for 1 day, preferably to be conducted for advocates form a group of 4-5 nearby districts. These trainings programs could also cover other interested advocates, who may or may not be associated with DLSA, as well as interested judicial officers. Training for DNP members and TI members DNP members including office bearers and staff of DNP will need to be sensitized regarding the objectives and functions of LAC; its role viz a viz overall approach towards providing services to PLHIV; the support required from DNP and other available support systems including DLSA. The DNP members will need to be oriented even prior to setting up of LAC in a district, so that they are aware of the functions of LAC and can support the LAC in the initial stages as well as during the course of its functioning as and when required. 12

Training for PRI members PRI members will need to be oriented informally about the HIV/AIDS, the issues faced by PLHIV, especially cases of stigma and discrimination and human rights violations; the objectives and functions of LAC; and their role in providing support to PLHIV and the linkages of PRI with LAC. Trainings for PRI members will be conducted by LAC social worker and ORWs on a regular basis to PRI members form villages/ panchayats having presence of PLHIV. These trainings will need to be coordinated with PRI department and can be conducted as a session within overall training program of PRI department. The advocates from DLSA would also be involved as trainers for these trainings. 4.2 Training contents NACO/ SACS will need to develop training booklet/ manual for trainings to be conducted for LAC staff and other stakeholders. These trainings contents should preferably organized in form of booklets which could be given to the participants as reference material. Indicative areas of training for various stakeholders are provided at Annex 5. 4.3 Training agency State Training Resource Centre (STRC) or any other competent training agency at the state level can be given the responsibility for planning and conducting training programs for LAC

5. Advocacy and awareness generation 5.1 Advocacy Objectives To sustain and expand the reach of Legal Aid Clinics, advocacy is of prime importance in seeking commitment, recognition and support from policy makers, stakeholders and general public. The objectives of advocacy strategy for LAC will include: Raise awareness regarding human rights of PLHIV To increase the understanding of Legal Aid Clinics and generate confidence among PLHIV to seek legal assistance Build the capacity of all the stakeholders for improved implementation, service delivery, and monitoring of Legal Aid Clinic Ensure availability of required resources including funds and support of advocates for LAC to provide effectively and continuous services Identification of stakeholders and communication themes It is important to identify stakeholders for implementation of advocacy strategy of LAC. The advocacy strategy will need to be based on the stakeholders, suited to these stakeholders through appropriate themes and messages and appropriate channels for advocacy. The identification of stakeholders for LAC at state, districts and Panchayat/ village levels is provided at table 5.1 and the communication channel and themes for communication for these different stakeholders is provided at table 5.2. Table 5.1: Key target agencies for advocacy S No

Level

Stakeholders

State level

State AIDS Control Society State Legal Service Authority Department of Women and Child development State network of People Living with HIV/AIDS NGOs, CBOs with state level presence Media groups

District Level

District AIDS Control & Prevention Unit District legal Service Authority District Administration including Police officials District Network of Positive People NGOs and CBOs Media groups

Mandal / Village level

PLHIV Mandal Legal Service committee PRI members Key frontline staff including AWW, ANM, ASHA NGOs, CBOs and SHGs

Table 5.2: Key areas for advocacy among different target groups Stakeholders

Channels for Advocacy

Advocacy themes

SACS, SLSA, DWCD, State network of positives, NGOs, CBOs and media group

Workshops, seminars

Types of problems faced by the target group and capacity of the institutions to deal with these Service delivery mechanisms to the target group Review of existing laws, policies and regulation Roles, responsibilities and accountability of all the stakeholders of LAC. Linkages established for working of LAC Monitoring mechanisms adopted for periodic review

DAPCU, DLSA, District administration and DNP

Meetings

Types of disputes faced by the PLHIVs in the district, including key reasons for these disputes Implementation strategy for improved service delivery Roles and activities of different stakeholders of LAC Coordination between different agencies for service delivery Performance of LAC Pendency of cases/ applications of PLHIV at various agencies and future course of action

PRI members, village level beneficiaries, NGOs, CBOs, SHGs, AWW, ANM and ASHA

I.E.C materials, awareness camps, meetings, mass media campaign

Knowledge about HIV/AIDS and its key prevention and control strategies adopted by government and other institutions Key services available PLHIV Human rights of PLHIV Knowledge of Legal Aid Clinics and services offered by them Identification of issues of PLHIV and key underlying reasons Areas of support from village level institutions

5.2 Awareness generation for LAC Objectives Awareness generation through Information Education and Communication (IEC) is integral component for creating awareness about the LAC as well as creating demand for the services by educating the PLHIV about the services available at LAC. The overall approach to IEC will involve communicating about the objectives and the services being provided by the LAC, identification of target group, identification of barriers, development/ designing of materials, selection of communication channels and implementation of I.E.C campaign. Specific objectives of IEC strategy are: Improved knowledge of the Rights of People living with HIV/AIDS 15

Increasing awareness level among the target group about the services offered by the Legal Aid Clinics Change in behavior to seek legal assistance, for breach of rights among the target group. Reducing stigma and discrimination associated with HIV/AIDS in the community Identification of Target group and barriers IEC efforts will need to be targeted to various target groups/ stakeholders. These efforts will also require identification of key knowledge, attitudinal and practice related behaviour of these target groups towards HIV/ AIDS, PLHIV and for providing required support to PLHIV. Some of the barriers identified for key target groups have been provided at table 5.2. Table 5.2: Barriers for different target groups Target group

Barriers to avail services

Primary Target group: People living with HIV/AIDS

Lack of knowledge of human rights Lack of knowledge about the procedures and facilities available under legal system Lack of knowledge about government schemes and services available Low awareness of the Legal Aid Clinics Fear of stigma and discrimination

Secondary Target Group

Lack of complete knowledge about HIV/AIDS Lack of awareness about common problems faced by PLHIV; including disputes, encroachment of rights. Lack of awareness about human rights and the consequences of encroachment of these rights Lack of awareness of about Legal Aid Clinics Lack of awareness about the support they can provide to the PLHIV facing distress Lack of attitude for helping PLHIV Not aware of the about the services available for PLHIV

District administration, Police, PRI, AWW, ANM, NGOs, CBOs, SHG, Doctors, ART Counselors, community members

Message development and communication channels Information about the target group, social, cultural and demographic status should be considered while designing the message. The draft message should be tested before development of the final message. The message developed should take into account following key parameters: The theme of the message should be positive It should be short and should highlight only the relevant information The message should be a mix of text and graphical representations, but never very text heavy as the target group may not always be literate It should be easy to disseminate further as part of Inter Personal Communication Appropriate mix of communication channel should be used for the stakeholders at different levels viz. state, district and village. To reach the community as a whole, it requires synchronization of the positive aspects of various media. The channels identified for the communication are as follows: 16

Mass Media: Main & local television channel film and print Outdoor Media: Wall writings, hoardings, brochure / leaflets (take away), video on wheels and legal literacy camps Mid media including folk media: Street plays, puppet shows, other traditional media Interpersonal Communication: District level sensitization meeting, workshop, trainings and community meeting at the panchyat level The use of the channel intended for specific stakeholder with message and level of operation is shown in the matrix below Channel

Stakeholder

Message content

Level

Local Channel

General population

Knowledge about rights of PLHIV, Services offered by LAC

State

Workshop

SLSA, SACS, Media group , State network of positives

Role of LAC, responsibilities of stakeholders, action plan & monitoring mechanism

State

Seminar, meetings

DLSA, DAPCU, DNP, district administration, police, NGOs ,CBOs and media

Functions of LAC, case handling mechanism, partnership structure

District

Trainings & handouts

DNP, DLSA and NGO

Sensitization about HIV/AIDS, legal rights of PLHIV, basic legal structure & procedures

District

District level sensitization meetings

DLSA, DAPCU, DNP, district administration, police, NGOs

Progress of the LAC, lesson learnt, good practices/ key learnings

District

Community meetings

PRI members, DNP, NGOs, ANM,AWW,ASHA

Awareness about LAC, services offered and rights of PLHIV

Panchyat

Street Play, video on wheels & brochure

Village population and PLHIVs

Rights of PLHIV, services offered by LAC, Non stigma and discrimination

Village

Wall writing legal literacy camps & hoardings

Beneficiaries at village level

Rights of PLHIV, services offered by LAC, Non stigma and discrimination

Village

6. Sustainability and resource mobilization 6.1 Program suatainability Program sustainability needs to be ensured in order have the program impact even after the external support in terms of finances, human resources, etc. have ended. The challenge for sustaining this initiative is to ensure that the services under LAC is provided in a seamless manner at the districts with the resources available and the active coordination between SACS/ DAPCU, SLSA/DLSA and network of HIV positive people. Some key requirements for ensuring sustainability of the program will consist of: 1. Integrating the LAC into the community: This will involve broad-basing the strategies for stakeholdersâ&#x20AC;&#x2122;/ community orientation and involvement in the objectives and activities of LAC 2. Institutionalizing the services under LAC into local systems: The local institutions/systems viz. DLAC, police, DNP, PRI, etc. should be oriented about the objectives and functions of LAC and their role in supporting the objectives of the LAC. There should also be an institutional linkage with these key agencies in the state/ district through the Human rights forum at state level and a LAC oversight committee at district. 3. Developing program relationships and long term networks: Networks should be developed and maintained with the key stakeholders as well as media, civil society institutions working in the areas of HIV, human rights, etc. and like minded individuals who may be willing to work pro-bono for supporting the objectives of LAC. 4. Program evaluation and evolution: In order to maintain the relevance of the program and constantly focus on contemporary issues facing the PLHIV in the region, it is important to develop a system of regular evaluation of the program including the issues of the PLHIV, and redesign the strategy for addressing these issues. Important steps for ensuring program sustainability will consist of: 1. Program visibility: Ensure people are aware of the program

Promote the program

b Promote program results c

Develop program leadership

d Incorporate social marketing strategies 2. Community involvement: Involve the community including key stakeholders

Create opportunities for participation, collaboration and resource sharing

b Communicate openly 18

Educate and inform the community

d Provide opportunities for training and leadership 3. Diversify the program funding and support base: Seek support from multiple sources at multiple levels

Communitise the program

b Focus on administration and leadership c

Reduce reliance on a sole funding source or funding type

4. Promote systems change: Identify how the program can improve the existing community structure

Convince the community and the stakeholders about the rationale and objectives of the LAC

b Document the outputs/ positive cases and share with key stakeholders 6.2 Resource mobilization Resource mobilization will need to cover 3 distinct types of resources: 1. Financial resources: the funds required for setting up and running he LACs, and the funds for litigation costs, etc. The cot for running the LAC including staff costs will need to be part of the budget of the respective SACS. The costs for legal advise and litigations will need to be covered under the present system of DLSA. However, the LAC staff, will need to identify local charitable organizations, trusts, or individuals interested in contributing towards the objectives of the LAC and obtain their support, both financial and in through technical advise (e.g. pro bono service by advocates). 2. Human resources: The LAC will employ a core staff consisting of a social worker and 2 ORWs. However, there are several other ORWs employed under different HIV/AIDS programs in the districts (e.g. with ART clinic, DICs, ICTC/PPTCT, etc.). These ORWs are also available in the field and doing various activities under different programs for HIV/AIDS. These ORWs should also be given an induction training about the scope and services of LACs and should be available for promoting services of LACs among the stakeholders, as well as providing support to LAC through identification of cases of dispute, conducting preliminary enquiry on the case and following up on cases being taken up by LAC at their area of operation. 3. Technical resources: Any qualified technical resource, e.g. advocates, counselors, human rights experts; who would be willing to contribute his/ her services for the LAC, should be identified and co-opted into the LAC for his/ her services on a pro bono basis.

7. Scale up plan 7.1 Budget for LAC For scaling up of LACs, it is needed to understand the nature and amount of costs involved under different program heads for providing the services under LACs. Some key cost heads and broad estimates for costs per annum are provided below: Sno

Cost Heads

Units

Unit Cost Annual Cost One time cost

Computer & printer Sub Total

4 5

Salary to Social worker Salary to ORWs

1 2

Office Rent

38000 38000 Recurring cost 8000 3000

Nil

Office furniture

Travel of Social Worker

1500

18000

Travel of ORWs Telephone reimbursement for SW Telephone reimbursement for ORW AMC for computer & printer maintenance Office Stationery

2000

48000

500

6000

500

12000

Documentation Miscellaneous Expenditure Sub Total Grand Total

500

6000

500

6000 268000 306000

9 11 12 13 14

Rs 30000 for computer & Rs 5000 for printer and Rs. 3000 for UPS

96000 72000

Remarks

Nil

2000 2000

To be housed in the government hospital/ DNP office/ DLSA To be provided by the parent set up (government hospital/ DNP office/ DLSA) 15 days/ cases @Rs 100 per travel to and fro travel. This includes local travel at the district headquarter. 20 days of travel to cases sites, villages, etc. for fact finding, meditation, etc.

AMC costs and for consumables (printer cartridge, etc.) Paper, files, registers, pens, etc. including photocopy costs of documents for filing, etc. Office maintainance including incidental expenses

The LAC will have a set up cost of Rs. 3800 towards purchase and installation of office computer and its installation. The recurring costs will amount to Rs. 268000 per annum. These costs do not include the costs for trainings, IEC materials, and program evaluations. These activities will be the responsibility of the respective SACS and will need to be budgeted and to the extent possible conducted along with similar activities for other programs of SACS in the district. This will minimize 20

any additional costs as well as bring about required synergy with other programs/ field level functionaries of other HIV/AIDS programs being managed by the SACS in the districts. 7.2 Options for setting up the LAC For setting up of LAC in the district, there are 3 different options: 1. At the district hospital (close to ART clinic) 2. At the DNP office 3. At the DLSA The above 3 options for setting up of LAC have been analysed based on the strength and weaknesses for each of these options: 1. At the district hospital (close to ART clinic) Strengths LAC being situated at district hospital can be easily accessible for all including PLHIV and the lawyers from DLSA. The LAC being in proximity to ART centre again provides easy access to the PLHIV who are primarily referred from the ART to visit LSA. This provides access to integrated services during one visit. Weaknesses The situation of LAC in the district hospital allows primarily the PLHIV who are coming for ART to get referred to LAC. Other institutions including DNP, CCC, etc. are not being tapped adequately for referrals primarily due to low focus on IEC/ awareness about LAC. 2. At the DNP office Strengths There is better sharing of resources including office space between other programs of DNP and LAC There is physical proximity to DNP including the staff and functionaries of DNP The ORWs from other programs being run by DNP (e.g. DIC) also create awareness about LAC and try to identify relevant cases and refer them to LAC Weaknesses The PLHIV are required to come separately to LAC for registering their disputes, etc. The location of LAC is not prominent in the city, which could make it difficult to locate The coordination with DLAC could become weak as the advocates may not be comfortable operating from the DNP office

3. At the DLSA Strengths LAC being situated at DLSA will ensure better access to advocates associated with LSA, and therefore quicker response from advocates in terms of legal counseling, mediation efforts, and drafting and filing of cases if required. There is likely to be better following up on cases filed at Lok Adalat/ courts by the LAC staff, leading to speedier disposal of cases. Weaknesses The situation of LAC at the DLSA could make it difficult for PLHIV to approach the LAC, and also expose them to stigma and discrimination, as they could be easily identified by a large section of legal practitioners and general people who would be present in the court premises. Evaluation of the options Evaluation of the above 3 options is provided at table xxx Option 1: At District hospital

Option 2: At DNP office

Option 3: At DLSA

Access by the client PLHIV







Coordination with relevant stakeholders







Resource availability and optimization





Criteria

Notes: 1. 2.

The level of advantage for each model for a given parameter is indicated through tick mark Higher number of tick marks imply greater advantage

8. Program monitoring 8.1 Monitoring system Program monitoring will be undertaken through 2 modes. The first will be for LAC to record the data about the activities performed on a daily basis and based on this prepare a Monthly Progress Report (MPR). The second mode will be for the DAPCU/ SACS staff to undertake field visits to LAC and also obtain feedback from a sample of clients and stakeholders about their level of satisfaction with the functioning of LAC and their suggestions for improvements in processes and services at LAC. The LAC will maintain relevant data through registers and report the progress to the concerned DAPCU through MPR. The MPR will include a narrative report describing key performance indicators with reasons for low/ high performance, and some key cases handles in the month along with the process followed and lessons learned. The DAPCU will be required to review the performance through review of the performance report as well as discussion on good practices and areas of concern with regards LACs performance in the month and quarter. The DAPCU will in turn send the monthly progress report with a covering note detailing their observations based on the review of the MPR and the review meeting/ discussions with the relevant staff of LAC. 8.2 Recording and reporting formats The LAC will maintain 2 registers, one for legal cases and other for non-legal cases. These will need to be updated based on first interaction with any PLHA approaching the LAC. The data from these registers will be entered into a master register. The master register will be used for maintaining records for all cases being services by the LAC. The master register will need to be updated on a weekly basis. For every legal case, a separate page is to be maintained in Legal Case Process Register, recording all the relevant details in it during every stage in the case. For every case a unique case ID should be generated. The generation of Case ID will be based on: Type of case (Legal or Scheme) / First two initials of types of cases or schemes / date / month/year”. For example property & widow pension case arrives at LAC on 5th December 2010; the Case ID would be “L/PR/05/12/10”, S/WP/05/12/10” respectively. A monthly progress report (MPR) will be prepared for all cases arrived and handles by LAC. This will also have a separate narrative report consisting of process and lessons learned from a sample of cases resolved in that month. The suggested format for registers is at Annex 6 and for MPR is at Annex 7.

Annexes

ANNEX 1: LIST OF DOCUMENTS REFERRED 1. Project document for LAC 2. Toolkit: Scaling up HIV-Related Legal Services: UNAIDS, UNDP, IDLO 3. Program sustainability: Developing strategies for maintaining programs over long term; American India Development Associates 4. Guidelines for setting up of National Legal Services Authority (NALSA) 5. Guidelines for setting up of State Legal Services Authority (SLSA) 6. Constitution of India 7. Bare acts and rules of various Indian laws including Transfer of property act, Indian Penal Code, Criminal Procedure Code, Hindu Marriage Act, Mohammedan Law

ANNEX 2: INDICATIVE ROLE OF HUMAN RIGHTS FORUM AT STATE The human rights forum will be an apex level body consisting of to be constituted at state level for providing guidance and required policy and strategy level support for dealing with human rights related issues of PLHIV in the state. This forum will consist of: State health secretary (as president) Chief justice of state high court President of state bar council State chief of police President of state network of HIV positive Representative from state commission for women Representative from state media association Representative of state medical association Representative from state human rights commission Secretary women and child development Project director State AIDS Control Society (as member secretary) The state human rights forum will primarily function as a high level body providing necessary guidance and support to LACs as well as for providing for coordination among relevant departments for better service delivery for PLHIV. Specific functions of the human rights forum will include: Provide high level of expert guidance to SACS on rights related issues Present multi-sectoral forum for addressing human rights issues of PLHIV in the state Provide required support to complainants as required upon the request of LAC Monitor the work of LACs Provide strategic direction to LACs

ANNEX 3: TERMS OF REFERENCE FOR LAC AND JOB DESCRIPTIONS OF LAC STAFF TERMS OF REFERENCE: LEGAL AID CLINIC (LAC) Responsibilities The Legal Aid Clinic is responsible for facilitating in upholding the rights of People Living with HIV/AIDS in the district. The LAC is expected to provide support to PLHIV in receiving the complaints about disputes and human right violations, and request for linkages to services; and provide necessary support to PLHIV in getting their disputes resolved and getting linked to relevant schemes. Key Tasks The LACâ&#x20AC;&#x2122;s key tasks would include but not limited to the following: Service Delivery Identification of cases arriving at LAC and categorize them on the type of assistance required viz. legal, non legal & mediation and availing of schemes Record every case arriving at LAC, with full detail of the beneficiaries with all the time lines Conduct counseling session of every aggrieved beneficiary for minimum duration of 15 minutes and hence decide upon further course of action In case of legal intervention, record the complaint in the format agreed jointly by DLSA and DAPCU. Coordinate with the lawyer at DLSA, for guidance on the nature of case and further course of action i.e. mediation or filing a court case. In case of mediation, at Lok Adalat coordinate with aggrieved and other party to disseminate the information regarding the date and time and also ensure the presence of LAC staff i.e. Social Worker there. In case of a regular court case, document all the details of the case, with date, time, proceeding and the current status and apprise the beneficiaries about the same. The LAC staff would be responsible on guiding the beneficiaries on the documents required to avail the scheme and also guide them to the concerned departments/officials. Partnership Build & maintain partnership with District Legal Service Authority, DAPCU, and Police department officials by conducting monthly review meetings and share the learning and discuss on the hindrances faced Partnership with local NGOs, CBOs, community, SHG leaders and ART counselors for increased referral to LAC Advocacy & Trainings Conduct village level sensitization or village vigilance group meetings once in every month with PRI, community leaders, NGOs 3

Conduct district level sensitization meetings with DLSA, DAPCU, and Police department twice a year to discuss the issues, gaps, challenges and share the experiences. Conduct legal literacy camps in consultation with DAPCU at the village level to increase awareness about the rights of PLHIV in the target group Encourage and refer PLHIVs to attend the Paralegal training conducted by DLSA Documentation & Reporting Maintain detailed record of the beneficiaries of the project including but not limited to Name, age address, family details, ART details (if any), type of issue with time line Maintain follow-up register for every case registered at regular court and Lok Adalat, which should record details of case, proceeding history, judgments, reason for delay Prepare monthly progress report and send to District Project Manager at the DAPCU

JOB DESCRIPTION FOR LAC STAFF Job Title

Social Worker (SW)

Overall purpose of the position

Responsible for meeting the objectives of LAC through receiving of cases of disputes among PLHIV, conducting counseling and mediation, and referral of cases to DLSA if mediation fails; linking PLHIV to relevant government schemes; maintaining coordination with other key departments and functionaries in the district and documentation, reporting of progress of LAC

Key responsibilities

Functioning of LAC Listen to and record the complaint and details of the beneficiaries during the first meet. Identify the type of issue which needs to be addressed viz, legal, non-legal and scheme assistance. Conduct counseling session, and document the details of the case If legal intervention is required, inform the advocates deputed from DLSA, and arrange for a counseling session along with the advocates with the PLHA Conduct mediation sessions at LAC for resolving the cases If mediation fails, refer the case to DLSA along with appropriate documents and case details maintained at LAC. Follow up on cases referred to DLSA and periodically update the case status Provide guidance on the documents required for availing schemes Guide the ORW whenever required, and approve their weekly/monthly travel plan. Conduct training/ orientation sessions for PRI members at village/ Panchayat. Coordinate, attend the district level sensitization meetings with government officials Prepare the minutes of the meetings and file it for future reference Guide the ORW to conduct the village level sensitization / village vigilance group meetings Documentation Maintain the complaint register with detail information of beneficiaries and their case. Prepare follow-up register, clearly marking the update / status on the case with time line Should prepare, compile and send the monthly, quarterly and annual report to the concerned authority 5

Monitoring and reporting Coordinate the monthly review meeting with DAPCU officials to appraise them about the progress of the project. Complete and submit monthly progress report and narrative report on activities of LAC Basis of Assessment:

Number of counseling session conducted Number of cases successfully handles and closed Number of PLHIV linked to relevant government schemes All scheduled meetings conducted in time

Travel

The incumbent will be required to travel within the district and to the DLSA as and when required

Educational Qualifications:

Should be Post Graduate in Social Work/Sociology or related field with minimum 5 years of work experience and minimum 3 years of experience working in HIV/AIDS related field Excellent computer skills Excellent communication and counseling skills Legal orientation, legal literacy is desirable.

Job Title

Outreach Worker (ORW)

Overall purpose of the position

Outreach worker is responsible for working closely with the PLHIV, to educate and make them aware of their basic rights and services available at LAC. The ORWs are responsible for identification of disputes involving PLHIV and referring these to LAC, follow up on cases pending at LAC, as well as with concerned departments for linkages with schemes. The ORW is also responsible for establishing linkages with villages level institutions (e.g. PRI) and frontline workers and educating them about the issues and services available for PLHIV and soliciting their support for the cause of PLHIV in their areas.

Key Tasks

Indentify the cases of violation of human right of PLHIV from their network, village community members, PRI members, Community leaders, NGOs etc. Verify the cases of the beneficiaries by making a visit to their place of residence, area of occurrence of dispute Refer the cases to LAC Hold sensitization meetings or Village Vigilance Group meetings at the village level for orientation on LAC and issues of PLHIV Assist the beneficiaries in availing the schemes, not limited to only guiding on the documents Attend the training session, whenever asked for. Prepare the monthly/weekly travel plan for field assistance in coordination with Social Worker Any other jobs as delegated by Social Worker

Basis of Assessment

Number of cases referred to LAC Number of village level sensitization meetings organized

Educational Qualifications

Should be at least 10th std pass, with reading and writing skills in the local language Excellent community mobilization skills. Legal orientation, legal literacy is desirable.

Job Title

Advocate deputed to LAC

Overall purpose of the position

The advocate is required to review the cases of dispute arriving at LAC, provide professional advice for deciding the course of action, support the social worker for counseling and mediation in cases, to adequately place the case before DLSA if all other modes of resolution of the case fail, and regularly follow up the cases of PLHIV referred to DLSA by the LAC.

Key responsibilities

Listen to and record the complaint and details of the beneficiaries and the case details. Identify the course of action based on the nature of the dispute and merits of the case viz, legal, non-legal In case of mediation, send notice to respondent and participate in mediation and negotiation sessions at LAC If mediation fails, prepare relevant case details along with the action taken at LAC and outcomes of these. Forwards the case details and relevant case documents to DLSA for relevant action Follow up and if feasible attend the counseling and mediation sessions at Lok Adalat Follow up on case hearings and update the LAC social workers and the complainant on the progress up of case Ensure the proper documentation of the case in done Participate in periodic review meetings conducted at LAC

Basis of Assessment

Number of cases resolved at LAC through counseling and mediation Participation in hearing of the cases of PLHIVs

Educational Qualifications

Should be LLB/LLM qualified Should be member of DLSA Any past experience in dealing with cases of PLHIV is desirable

ANNEX 4: CASE RECORDING FORMAT Date:

Case id

Client/ Petitioner Details

Name of Complaina nt/Petition er /client

S/O ;D/O ;W/o

Age

Economic status (BPL or APL, in case of BPL write down Number)

HIV status (based on testing id)

Occupat ion

Educati on

Caste

Number of membe r in family

Address & contact No

Respondent / Defendant Details Name of Respondent / Defendant

S/O ;D/O ;W/o

Age

Caste

Address & contact No

Nature of Case / issue

Brief Note on the Case

Note: In case of discrimination or denial of services, the nature of service denied and details (name, position, insititution) of the authority/ institution against whom the allegation of discrimination is made

Signature of the Complainant/Petitioner/client

Signature of Social Worker

Additional Information format with respect to types of cases in area of: Divorce Name, D/O, age, address of Girl/Bride at the time of marriage

Name

Address

Name, D/O, age, address of Girl at the time of filing of complaint

Name

Address

Name, S/O, age, address of Boy/ Groom at the time of marriage

Name

Address

Name, S/O, age, address of Boy/ Groom at the time of filing of complaint

Name

Address

Details of Children From marriage

Name

Age

Sex

DOB

(Name, age, sex, date of birth of each child)

Date wise facts of case in chronological order starting from marriage negotiation stage (including date of marriage) till separation

Date

Dowry/ stree dhan (if applicable) and marriage expenses (in Rs) Grounds of divorce Date of separation Declaration in respect of Non Consummation / fulfillment after separation Declaration in respect of Non Collusion /secret agreement after separation Declaration in respect of Non Cohabitation / living with another person after separation

Facts

Documents to be collected

Documents

Yes

Proof of age Marriage Certificate Identity proof of petitioner Residence proof of petitioner

Signature of the Complainant/Petitioner/client

Signature of Social Worker

Maintenances Monthly Income of Respondent Source of Monthly Income of Respondent Amount of income from other sources per annum Other source of income of respondent No of persons to get maintenance with details

Name

Age

Sex

DOB

(Name, age, sex, date of birth of petitioner and each child)

Declaration that petitioner is not having income to maintain herself and the persons for whom maintenance claimed (children)

Signature of the Complainant/Petitioner/client

Signature of Social Worker

Property Details of owner of property

Name

Age

(Name, age, parentage, sex, address)

Nature of property (Self acquired or ancestral)

Parentage

Sex

Address

Whether any will or any other testamentary documents available Details of property (Area, place where situated, boundary) Details of Authority with which property registered Owner dead / alive Relationship with the owner Details of other legal hears of the owner

Name

Age

Parentage

(Name, age, parentage, sex, address)

Share in property Claimed Details of person in possession of property papers (Name, age, parentage, sex, address) Details of property papers Documents to be collected Death Certificate of the owner of the property Any WILL / Codicil / Testament (in case owner dead ) Registered WILL / Codicil / Testament & Date of Registration Copy of WILL / Codicil / Testament Filed or Not Any Probate / Letter of Administration Copy of Probate / Letter of Administration Filed or Not Details of construction, if any Site plan as per construction

Signature of the Complainant/Petitioner/client

Signature of Social Worker

Sex

Address

Annex 5: Indicative areas of training INDICATIVE TRAINING CONTENTS FOR ORIENTATION TRAINING OF ADVOCATES OBJECTIVES To sensitize lawyers about the social and legal issues/ problems of the PLHIV To orient on legal issues faced by PLHIV To assess the efficacy of the training and suggest modifications in the training areas and contents TRAINING AREAS AND BROAD CONTENTS Basic Facts on HIV/AIDS Understanding of HIV/AIDS a disease -

Transmission of HIV

Manifestation of the virus into the disease

Symptoms of HIV/AIDS

People at risk of getting HIV

Detection of HIV

Prevention of HIV

Understanding of social problems associated with the disease -

Impact of HIV/AIDS on livelihoods

Impact of HIV/AIDS on women

Dealing with persons affected by HIV/AIDS -

DOs

DONâ&#x20AC;&#x2122;Ts

Government initiatives towards dealing with HIV/AIDS -

Targeted intervention

IEC and awareness

Integrated counselling and testing

Tele counselling

Condom promotion

STD clinics

Blood safety program

Mainstreaming of HIV/AIDS issues

Adolescent education program

Drop in centres

Community care centres 13

Anti retroviral treatment

HIV sentinel surveillance

Linkages and coordination

Others

Objectives and functions of LAC Roles of advocates associated with LAC Relevant cases and legal provisions against discrimination, illegal harassment, maintenance, inheritance etc. Consent: The informed consent for HIV test should be free from any coercion, fraud, misrepresentation and undue influence. Confidentiality: Non disclosure of details of patient/ client: -

Identify

Disease status

Treatment

Facts of the case/ nature of dispute

Principles of privacy and confidentiality as guaranteed by the Article 21 of Constitution of India as well as the Indian Code of Medical Ethics and Standards of Professional Conduct and Etiquette for Lawyer in India bar the breach of confidence of patient/ Client. Discrimination at e.g: -

work place

medical assistance

Educational institutions

accesses to service

Under Constitution of India the safeguards against discrimination are incorporated in Articles 14, 15 and 16. Women in Vulnerable Environments: Empowering women for equality in areas such as property rights, domestic violence. Marginalised populations: Laws and processes (such as Section 377 of the Indian Penal Code) to enable the empowerment of marginalised populations and reach them with HIV/AIDS prevention messages as well as care and support mechanisms Criminal Laws: Lodge an FIR against extortion and assault, sexual harassment/assault, confession under duress, harassment by police officials, bigamy, etc. Non registration of complaint in police station application under section 156 (3) of the Code of Criminal Procedure can be filed in the court for direction to the police to register the case and investigate

Provisions for divorce as given under Hindu Marriage Act, Dissolution of marriage under Mohammemdan law, special marriage act, etc. Provisions for maintenance as under section 125 to128 of the Code of Criminal procedure under which wife, parents and children are given right of maintenance. In case of illegal confinement or illegal custody the Writ of Haebeus Corpus can be evoked under article 32 and 226 of the Constitution of India before the Honâ&#x20AC;&#x2122;ble Supreme Court and concerned high courts respectively. Under section 498A IPC women are protected against cruelty of husband and in laws. Protection of women against domestic violence act inter-alia provides for various rights as follows: -

Protection from domestic violence

Right to live at matrimonial home

Right to custody of child

Right to maintenance for self and children

Right to ask for medical expenses

Role and content of local customary law applicable with respect to family and inheritance issues, making a will, partition, recovery of money, leasing out the property etc. Experiences and examples from other states/countries. A presentation on experiences in providing HIV-related legal services in other countries, including success stories

INDICATIVE TRAINING CONTENTS FOR ORIENTATION TRAINING OF SOCIAL WORKER OBJECTIVE To highlight the importance of human right in context of HIV/AIDS. To provide basic legal knowledge regarding legal issues being faced by the PLHIV To understand nature of information and documents for supporting the claim of the PLHIV TRAINING AREAS AND BROAD CONTENTS Basic Facts on HIV/AIDS Understanding of HIV/AIDS a disease -

Transmission of HIV

Manifestation of the virus into the disease

Symptoms of HIV/AIDS

People at risk of getting HIV

Detection of HIV

Prevention of HIV

Understanding of social problems associated with the disease -

Impact of HIV/AIDS on livelihoods

Impact of HIV/AIDS on women

Dealing with persons affected by HIV/AIDS -

DOs

DONâ&#x20AC;&#x2122;Ts

Government initiatives towards dealing with HIV/AIDS -

Targeted intervention

IEC and awareness

Integrated counselling and testing

Tele counselling

Condom promotion

STD clinics

Blood safety program

Mainstreaming of HIV/AIDS issues

Adolescent education program

Drop in centres

Community care centres

Anti retroviral treatment

HIV sentinel surveillance 16

Linkages and coordination

Others

Objectives and functions of LAC Roles and responsibility of Social worker Roles of other functionaries associated with LAC (advocates, ORW) Key stakeholders and their roles Basic Counselling Skill Realationship building skills that enable the counsellor to build a positive relation with HIV/ AIDS people. To find out the nature of cases prevalent in the locality and thereby train the lawyers to impart periodic community legal education to raise awareness. Information gathering skill Summarising- this technique enable the counsellor to bring together relevant, fragmented material that has been disclose by the client during session. To develop negotiation skills for better legal assistance which usually involve counselling/ mediation with the interested/ interacting parties rather than court representation. Legal awareness in areas of Consent: The informed consent for HIV test should be free from any coercion, fraud, misrepresentation and undue influence. Informed consent implies information on: -

Nature and extent of disease

Its implications

Treatment involved

Post treatment follow up, side effects, etc.

Confidentiality: Non disclosure of details of patient/ client: -

Identify

Disease status

Treatment

Facts of the case/ nature of dispute

Principles of privacy and confidentiality are guaranteed by Constitution of India as well as the Indian Code of Medical Ethics and Standards of Professional Conduct and Etiquette for Lawyer in India bar the breach of confidence of patient/ Client. Discrimination at e.g: -

work place

medical assistance

Educational institutions 17

accesses to service

Under Constitution of India any kind of discrimination based on cast, creed, sex or religion is prohibited. Women in Vulnerable Environments: Empowering women for equality in areas such as property rights, domestic violence. Criminal Laws: Process for lodging an FIR against extortion and assault, confession under duress, police harassment, sexual harassment/assault, bigamy, etc. In case of non registration of complaint in police station application can be filed in the court for direction to the police to register the case and investigate Provisions for Divorce as given under Hindu marriage Act, Dissolution of marriage under Mohammemdan law, special marriage act, etc. Provisions for maintenance under Code of Criminal procedure under which wife, parents and children are given right of maintenance. In case of illegal confinement or illegal custody the Writ of Haebeus Corpus can be evoked under relevant articles of the Constitution of India before the Honâ&#x20AC;&#x2122;ble Supreme Court and concerned state High Courts Under IPC women are protected against cruelty of husband and in laws Protection of women against domestic violence act inter-alia provides for various rights as follows: -

Protection from domestic violence

Right to live at matrimonial home

Right to custody of child

Right to maintenance for self and children

Right to ask for medical expenses

INDICATIVE TRAINING CONTENTS FOR ORIENTATION TRAINING FOR ORWs OBJECTIVE To highlight the importance of human right in context of HIV/AIDS To provide basic legal knowledge regarding legal issues being faced by the PLHIV To understand nature of information and documents for supporting the claim of the PLHIV TRAINING AREAS AND BROAD CONTENTS Basic Facts on HIV/AIDS Understanding of HIV/AIDS a disease -

Transmission of HIV

Manifestation of the virus into the disease

Symptoms of HIV/AIDS

People at risk of getting HIV

Detection of HIV

Prevention of HIV

Understanding of social problems associated with the disease -

Impact of HIV/AIDS on livelihoods

Impact of HIV/AIDS on women

Dealing with persons affected by HIV/AIDS -

DOs

DONâ&#x20AC;&#x2122;Ts

Government initiatives towards dealing with HIV/AIDS -

Targeted intervention

IEC and awareness

Integrated counselling and testing

Tele counselling

Condom promotion

STD clinics

Blood safety program

Mainstreaming of HIV/AIDS issues

Adolescent education program

Drop in centres

Community care centres

Anti retroviral treatment

HIV sentinel surveillance 19

Linkages and coordination

Others

Objectives and functions of LAC Roles and responsibility of ORW Legal awareness in areas of Consent: The informed consent for HIV test should be free from any coercion, fraud, misrepresentation and undue influence Confidentiality: Non disclosure of details of patient/ client: -

Identify

Disease status

Treatment

Facts of the case/ nature of dispute

Discrimination at e.g.: -

work place

medical assistance

Educational institutions

accesses to service

Annex 6: LAC Registers Legal Register S No

Name & address of complainant

Date

Nature of petition

Respondent/ Defendant

Source of case

Remarks / Case ID

Non legal Register (Schemes) S No

Date

Name & address of complainant

Schemes entitled for

Insurance/ claim

Concerned departments

Source of case

Availability of documents Doc received

Remarks / Case ID Gaps

Master Register SNO

Date

Case ID

Petitioner / client name & address

Types of cases Legal

Non legal

Nature of scheme assistance

Remarks

Legal Case Process Register Date

Case ID

Name & address of client / petitioner

Types of case property, divorce, maintenance etc

Position of case

Date

Proceedings

Next date of hearing

Client signature

Annex 7: Monthly Progress Report Format

20 21 22 24 25 26 27 28 29 30 31 32 33 34 35

Number of petitions received & processed*: The cases which are accepted by LAC for processing and not those cases which could not be verified

Cumulative since start of year

Total