This study emphasises how vital it is for Indians to have better access to the legal system, especially those from lower socioeconomic backgrounds. It talks on how common poverty is throughout the nation and stresses how crucial pro bono legal services are to closing the gap. The study looks at how law schools and their students may improve access to justice and makes recommendations on how to include pro bono work into legal education. The essay also explores the difficulties in promoting pro bono services, including the need for a clear legislative framework and a shortage of funding. The potential influence of pro bono services in fostering a more equitable society is emphasised in the conclusion.
Keywords
Access to justice, pro bono legal services, law schools, socioeconomic conditions, poverty, legal education, Indian Constitution, legal aid clinics, advocacy, challenges, regulatory framework.
Introduction
A democratic society must have access to justice in order for all of its members to be able to pursue legal action to preserve their rights. Unfortunately, a number of socioeconomic conditions make it difficult for many people in India to acquire legal assistance. India’s poverty rate is estimated to be 269.8 million people based on the Global Multidimensional Poverty Index (MPI) estimates for 2019 and 2020. It is ludicrous to ask a sizable portion of the populace to foot the bill for legal services when they are already struggling to afford the necessities of life. Pro bono legal services, or giving out free legal counsel to people in need, have become an important tool for closing this gap. Nonprofit lawyers assist the public by providing free legal assistance to those in need. These professionals operate for the benefit of society as a whole rather than for personal profit. The concept of free legal assistance is still relatively new in the country and is described as “more of an ad hoc, personalised approach lacking an institutional basis.” Justice was defined as the highest virtue in Plato’s works. Justice produces brilliance, harmony, and peace. “Every individual in society is born equal, but society takes away that equality, and the law restores it,” asserts political philosopher Montesquieu. Justice P.N. Bhagwati argues that poverty and illiteracy should not be allowed to stand in the way of justice. Each and every one of these outstanding men’s theories attests to the critical need of legal support in maintaining social fairness. This essay examines how important it is for law schools and students to improve access to justice in India by providing pro bono services.
Research Methodology
The research methodology entails a literature evaluation and an analysis of India’s current legal access situation. The text delves into pertinent constitutional articles, including Article 39A and the Directive Principle of State Policy, in order to comprehend the legal structure that guarantees justice access. In order to further emphasise the need of legal support in upholding social justice, the article also includes quotes from influential personalities in the legal and philosophical fields. Analysis is done on the function of pro bono legal services, especially with regard to law schools. The goal of the study technique is to improve access to justice by identifying problems and offering solutions.
Review of Literature
The literature review encompasses a range of sources that address pro bono legal services, role of law schools in promoting legal aid, and access to justice.
- Sarasu Esther Thomas (2022) – “The Role of Lawyers in Access to Justice” – Explores the crucial part that lawyers play in guaranteeing that people can access the legal system.
- In his 2019 book “Access to Justice: The People’s Principle,” Charles P. Sabatino examines the idea that everyone has the inherent right to access the courts.
- The article “Improving Access to Justice Through Compulsory Student Work at University Law Clinics” by Dave Holness (2017) offers suggestions for improving student engagement in the legal system.
- Article not mentioned by Rajesh Ranjan (2023) offers insights into contemporary viewpoints on using law students to enhance legal aid.
- The 2016 article “Integration of Legal Aid Activity in Law School Curriculum: An Overview” by Farzana Akter examines the incorporation of legal aid into the curriculum of law schools.
Method
Using a qualitative methodology, the essay synthesises data from academic papers, legal documents, and philosophical works. It employs a critical analysis to assess the current obstacles and suggests tactics for enhancing pro bono legal services’ ability to improve access to justice. The approach underscores the need of including pro bono work into legal education and underscores the function of law schools in raising consciousness, pushing for reform, and providing all-encompassing assistance. The study methodology seeks to add to the current conversation on improving India’s access to justice.
The State of Access to Justice in India
Article 39A of the Indian Constitution guarantees the right of access to justice. The Directive Principle of State Policy, which states that the State is responsible for making sure the legal system provides everyone with coequal justice, was approved with the passage of the 42nd Amendment Act of 1976. In the event that someone cannot afford legal representation, the government will make sure they have access to justice. Furthermore, under Article 22(1) of the Constitution, a person who has been charged with a crime is entitled to legal counsel aid from any practitioner of his choosing. Speaking in 2020 at a gathering on “Actualization of Rights and Entitlements in Achieving Sustainable Development Goals 2020” sponsored by the District Legal Services Authority, Kalaburagi and the Karnataka State Legal Services Authority Justice U.U. Lalit urged prominent advocates to provide pro bono legal assistance to underprivileged and marginalised groups in order to guarantee that they have high-quality access to the judicial system. “Merely training the panel lawyers will not be sufficient,” he underlined one again. The issue can be resolved by some senior advocates making legal aid their first choice and continuing to represent clients pro gratis. This way, the man entering the legal aid clinic can be sure that his case won’t be mishandled and that he will receive high-quality legal assistance. He emphasised the need of empowering the underprivileged and disadvantaged, saying that providing legal help to the poor does not imply that it is of low quality; rather, it requires higher standards and quality. But for many people, this right is still a far-off dream because of a variety of factors, including lack of knowledge about legal rights, regional restrictions, and financial limits. The issue is made worse by the massive backlog of cases in Indian courts, which delays justice and raises expenses.
The Significance of Pro Bono Legal Services
One way to address these issues is through pro bono legal services. They guarantee that justice is available to everyone by providing free legal help to individuals who cannot afford to hire an attorney. Pro bono services cover a broad spectrum of legal topics, such as criminal, family, civil, and human rights cases. Pro bono services preserve the values of justice and equality by providing impoverished people with access to legal knowledge.
The Role of Law Schools in Promoting Pro Bono Services
Integration of Pro Bono into Legal Education
In India, law schools play a key role in advancing pro bono services. Pro bono work might be incorporated into the curriculum as a starting point. By doing this, pro bono services would become a natural component of law students’ legal education and they would be exposed to their practical elements. Additionally, setting up legal aid clinics in law schools can give students an organised setting in which to work on actual cases.
The Law School is the birthplace of attorneys, judges, and jurists. Every year, over 1,50,000 legal students graduate from more than 1600 law schools. The world’s biggest legal population resides in India. Law schools and their students have an unfathomable reach; via legal assistance, they may assist countless individuals and effect constructive change.
Every law student ought to at least spend some time helping those in need of legal assistance, as expressed by the Soccor Legal Aid Cell: “We have been all the way to the moon and back, but have trouble crossing the street to meet our neighbour.” Involving law schools in Legal Aid Clinics enhances the standing and worth of the legal profession while serving as an excellent tool for community education and preventative legal assistance programmes. When used effectively, law schools may fulfil the needs of contemporary society and even contribute to its transformation and achievement of desired objectives.
Law students have the ability to provide legal help to isolated villages. They can adopt a village, particularly in isolated rural regions, and host legal aid camps in collaboration with the legal aid clinic that has been formed in accordance with these requirements. As part of the clinical legal education programme, law colleges have the option to establish legal aid clinics, as outlined in clause (k) of section 4. When a legal assistance clinic of this kind is established, law universities are required to notify the State Legal Services Authority. They can offer legal aid and guidance at a considerably lesser cost. They may, with the help of the para-legal volunteers, undertake surveys to identify the legal concerns of the local population. Legal Aid Cells are a great way to teach professional accountability since they give students a great place to gain real-world experience.
Creating Awareness and Advocacy
Law schools might use outreach initiatives, workshops, and seminars to increase public knowledge of pro bono legal services. They can also advocate for changes to policies that support pro bono work, such fostering an atmosphere that supports legal aid organisations.
One of the most crucial criteria is public awareness of the provision of free legal aid at law colleges. Nonetheless, 25% of law colleges do not publicise their legal aid clinics.
The most widely used strategy for promoting the Legal Aid was the distribution of newspapers and pamphlets. Nevertheless, it was noted during the tour of these colleges that rather than promoting the services provided by the legal aid clinics, the majority of the colleges utilise publications to distribute information about the Legal Literacy Camps they host. Campaigns are used by 63% of colleges to promote their clinics. It makes sense that just 37% of colleges use their websites for PR. Given the high rates of poverty and illiteracy in the community, advertising and pamphlets are more effective at educating people about the legal aid services that the Clinics provide.
The Commitment of Law Students
Through their time and talents, law students may actively contribute to expanding access to justice. In addition to helping individuals in need, this practical experience improves the students’ legal knowledge, critical thinking abilities, and empathy.
India’s law schools are not grounded in the socioeconomic realities of the country. According to UNDP research called the Access to Justice Project on research of the Law School-Based Legal Service Clinics, law schools have either failed to promote and inform students about these services or have not taken the time to do so. The influence of the law colleges’ free legal services has been significantly lessened by this gap. Due to the ban on academics and faculty representing clients in court, legal representation performed terribly by law students and law school clinics. In general, the law school clinics are failing due to a lack of initiative, strong leadership, and excitement from the faculty and students.
To increase their impact, law students might work with well-known pro bono groups, non-governmental organisations, and legal aid societies. In order to find people in marginalised groups who want legal aid, they can also do field visits.
Offering Holistic Support
Pro bono work includes preparing legal papers, offering help through legal procedures, and giving legal consultation in addition to courtroom representation. Kanhaiya Lal Sharma, a resident of Jodhpur, is in his 60s. He went to the National Law University of Jodhpur’s legal assistance office last year and asked to be put in touch with a local attorney to handle his lawsuit. Sharma is not the only victim of India’s inadequate legal assistance system. Legal assistance has not been formally and institutionally established within the parameters of our democratic system, although being acknowledged by statute and the constitution as a citizen’s right and a governmental responsibility. Legal interns can provide their clients with comprehensive help.
Challenges
Lack of Resources
The lack of resources is one of the main obstacles to pro bono legal services promotion. Pro bono projects can be funded and supported by working with business enterprises, NGOs, and government agencies in partnership with law schools and students.
The first obstacle that the Legal Aid Clinics must overcome is a scarcity of resources. Lack of resources affects both material and human resources. Insufficient numbers of qualified instructors, a lack of knowledge, a lack of direction, BCI’s inability to include the local bar, support personnel, the judiciary’s disinterest, and a lack of public support are all examples of a lack of human resources. Financial resources, limited access to computers and communication infrastructure, inadequate compensation for part-time instructors, practical challenges like student transportation to rural locations, and a dearth of training manuals and literature on clinical legal education are all examples of problems with material resources. Apart from these issues, Clinics also deal with issues including widespread legal education, minimal participation from other faculty members in Clinical programmes, part-time students, monitoring and assessment of Clinical programmes, and cultural and linguistic disparities. Ten questions were formulated with these concerns in mind, having carefully considered a number of grievances raised by the legal community regarding the operation of Legal Aid Clinics. The faculty members who actually instruct students in the practical papers were given these questions, and they were asked to rank each question according to four criteria. The requirements of the local community are the only factors that drive the work of the Legal Aid Clinics; the resources available to the Clinic vary in terms of design, strategy, evaluation, and assessment. Thus, it is predicted that there would be similar differences in recognising the flaws.
Regulatory Framework
To safeguard the interests of clients and attorneys, pro bono activity in India requires a well-defined regulatory framework. A primary factor in the law school’s small involvement in legal assistance is diversity. The law schools can best be described as “elite bubbles” that rupture when confronted with challenging circumstances. There aren’t any convincing studies that demonstrate a connection between diversity in law schools and the role played by law students in India’s public interest and legal aid sectors. However, the data from the top five NLUs’ diversity survey, Increasing Diversity and Increasing Access (IDIA), shows that the makeup of law schools—including gender, geography, and the stigma associated with students’ English language proficiency or lack thereof—hinders the full participation and assimilation of students from diverse backgrounds. Law schools can take an active role in advocating for laws that would provide a safe and moral climate for pro bono work.
Suggestions
It would be useless to only list the conditions and issues facing the clinics in the seven states without launching a follow-up initiative to improve the Legal Aid Clinics. Thus, in order to address the need for ongoing legal aid services initiatives in the following areas, a Project on The “Study of the Law School based Legal Service Clinics,” Access to Justice for Marginalised People, was conducted in seven states: Rajasthan, Uttar Pradesh, Bihar, Chhattisgarh, Jharkhand, Orissa, and Madhya Pradesh.
The idea of legal aid is beyond the comprehension of law colleges. Students and faculty chosen for legal assistance must get training in a number of skills necessary for planning legal aid operations. Thus, each State must set up a Training of Trainers Programme (TOT). The instructors teaching these courses must be experts in clinical methodology. It may be possible to identify a nodal organisation that provides legal aid in order to provide training courses for the faculty of law schools in the project states.
A total of 35 faculty members from the seven states’ designated law schools ought to get legal aid training. These faculty members should undergo a two-week intensive training programme. The Clinics in each of these colleges would benefit from having these skilled faculty members. Twenty-five Clinics in seven States would be operational in a year. Choosing five law schools from each state that may improve their clinics.
There would be at least 25 law schools in every state with fully operational clinics in five years if this effort is carried out. The nodal agency will keep an eye on the Clinics’ development. It would be possible to bring in a quarterly publication that highlights the initiatives undertaken by the chosen law school clinics.
The conversation at law schools has to alter first. When talking about pro bono labour, empathy should be prioritised over drawbacks. Second, the judicial system has to be changed so that cases involving the poor are not seen as charitable. Lastly, the legal system needs to adapt in terms of empathy; perhaps we should think about where the courts are located. The court buildings are inaccessible by design; they are chilly places that people are afraid to enter, particularly those from disadvantaged or uneducated backgrounds because of the intimidating surroundings. The government has undoubtedly taken action to provide legal aid to the underprivileged and to uphold its constitutional obligation. One such initiative is the Nyaya Bandhu (Pro-bono Legal Services) programme, which has amassed a list of attorneys who are ready and able to give pro bono services. Additionally, it connects pro-bono practitioners with individuals who qualify for free legal assistance under the Legal Services Authority Act (LSA), 1987. 4354 pro bono attorneys (Male: 3789, Female: 563, Transgender: 2) have signed up for the programme, and 1771 cases have been recorded by the beneficiaries. Over 1.3 million people have heard from the government’s other effort, Tele-law. As to the ruling in the case of Indira Jai Singh v Supreme Court of India, providing free legal services is a requirement for being designated as a Senior Advocate. Free legal aid is becoming more and more necessary, as opposed to enforcing a system that requires it, which has drawbacks. This will significantly increase the adoption of pro bono work in the legal sector. It will significantly enhance the legal industry’s use of pro bono services. The noble goal of ensuring that everyone has access to justice would be greatly aided by a consistent mix of pro bono services and legal assistance. Though there is still much work to be done by the government and the legal community, pro bono culture may flourish in our nation as it has in many other nations.
Conclusion
The author of this essay wishes to draw attention to the fact that the majority of clinics were established just to satisfy legal requirements. The majority of the Cells’ activities are limited to a few Legal Literacy Camps, and these Clinics typically lack a proper functional structure, location, or policy regarding the kinds of services they would provide. In addition, the faculty is not given credit for their workload, and students are not given academic credit.
Research conducted by six National Law Schools demonstrates how little emphasis and work has gone into providing legal aid. Legal assistance is not provided by any National Law school as a required practical course. Faculty and students lack expertise, and the bar and bench are not involved.
When supported by law schools and accepted by law students, pro bono legal services have the potential to significantly improve access to justice in India. In addition to carrying out the constitutional requirement, these services support the legal profession, empower the impoverished, and help create a more just society.
Author – Tarishi Verma
Symbiosis Law School , NOIDA