Questions and answers on law (Part 71)

Q 1:-  Who is entitled to get free legal aid

Ans:- Scheduled Castes and Scheduled Tribes

• Victims of Trafficking or Begar
• Women and Children.
• Mentally Ill or Disabled Persons
• A person who is going through tough times, like being a affected by a big disaster, violence based on ethnicity or caste, a flood, drought, earthquake, or a big industrial accident.
• Industrial Workmen
• Individuals in custody, including those in protective homes as defined in the Immoral Traffic (Prevention) Act, 1956, juvenile homes as defined in the Juvenile Justice Act, 1986, or psychiatric hospitals or nursing homes as defined in the Mental Health Act, 1987, can avail free legal services.
• Income-Based Eligibility: Individuals with an annual income less than the specified amount (as mentioned in the schedule or higher amount prescribed by the State Government) are eligible for free legal services if the case is before any court other than the Supreme Court. For cases before the Supreme Court, the income threshold is less than Rs 5 Lakh.

Q 2:- What are main highlights of Mediation Act 2023?

Ans:- Here are ten key provisions of the Mediation Act, 2023, along with the date of its notification:

1. The Act was passed by the Indian Parliament on September 14, 2023. The Ministry of Law and Justice notified, 9-10-2023, as the date on which certain provisions of the Mediation Act, 2023 came into force.
2. The Act mandates mediation before initiating any suit or proceeding of a civil or commercial nature, regardless of the existence of a mediation agreement.
3. The Act provides a mechanism for the enforcement of mediated settlement agreements (MAs) and allows authenticated MAs to be enforced as if they were court judgments.
4. The Act establishes a mediator registration body to regulate and maintain standards for mediators, mediation service providers, and training institutions.
5. The Act encourages community mediation, bringing dispute resolution closer to local communities.
6. The Act recognizes online mediation conducted with the use of electronic form or computer technology.
7. The Act emphasizes the confidentiality of mediation proceedings, protecting all mediation-related information from disclosure.
8. The Act broadens the scope for greater availability and improved access to mediation services.
9. The Act sets out a list of disputes that are not fit for mediation.
10. The Act defines mediation as a process whereby parties attempt to reach an amicable settlement of their dispute with the assistance of a mediator.

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