LEGAL AID CLINICS IN INDIA AND

THE UNITED STATES – SERVICE

LEARNING AND SOCIAL JUSTICE
1
By:
Sumit Kapoor
LL.B(Hons.), Final Year
Law School, Banaras Hindu University
 2 Professors
Prof. David Tushaus
Dr. S.K.Gupta

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Student Team 1: Access to justice
Volunteers Amit Singh
divided in Dheeraj Singhal
4 Teams

Team 2: L.A.C in USA Team 3: L.A.C in India

Meenakshi Dutta Abhinav Mishra
Varsha Srivastava Tarun Bhowmik

Team 4: Conducting Surveys

Sumit Kapoor (Student Coordinator)
Arpit Sharma 2
Hriday Pratap Singh
Hunter Ehwart (Missouri, U.S.A)
 SOCIAL JUSTICE & LEGAL AID CLINICS

Marginalised
Helps society as people are given
well as court assistance. Making concept
and reduce of Access to
litigation. Justice
meaningful.
Social
Justice
Equal Access to
laws, policies Bring supressed
and Basic issues to light.
Rights. Provide Legal
Awareness.
3
F OCUS OF T EAMS

Team 1: Access to Justice

 Access to justice issues in India and USA.

 Legal needs of the poor.

 How Legal Aid Clinics are meeting need of poor's

 Lack of Legal Aid Clinics present work in this area.

Team 2: Legal Aid Clinics in USA

 L.A.C in USA an overview.

 Historical background of L.A.C in USA

 Characteristics of L.A.C in USA. 4

 Coordination with other teams.

Cont..
F OCUS OF T EAMS CONTINUE…

Team 3: Legal Aid Clinics in USA

 L.A.C in India an overview.

 Historical background of L.A.C in India

 Characteristics of L.A.C in India.

Team 4: Research and Survey

 Development of questionnaire.

 Preparation & Dissemination of surveys.

 Storing and analysis of survey results.

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 Coordination with other teams.
 Development
of Questionnaire

Pre-Development stage: Development stage:

 Understanding need for  Division of questionnaire

L.A.C in Law schools. in 4 stages.
 Analyzing L.A.C in Law 1. General Information
School, BHU its 2. Legal Aid Clinic
importance and Information
shortcomings. 3. Opinion on Legal Aid
 Analyzing of NLSA Clinics.
(Legal Aid Clinic) 4. Legal Aid Clinic Support
Regulations, 2011.
 Regular talks with Prof.  Inclusion of objective
D. Tushaus and L.A.C In and subjective
charge at Law School,
questions.
BHU 6
 Creating Database &
Dissemination of questionnaire

Creating Database of Law Schools in India

 Collecting e-mail id and phone numbers of LAC in charge in Law
schools.
 Making calls and surfing website of Law Schools.
 Around 900 colleges database created.

Dissemination of Survey
 Coordinating with IT Department of Missouri western state
university.
 Online sending of questionnaire through e-mail and completion
of survey.
 Intimation via Regular reminders and calls. 7
 Storage of Data
&
Coordination among teams

SNAP SHOT OF DRIVE

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  Survey was sent to more than 600 Institutions
delivering legal education in India.

 35 colleges participated in survey.

 Small Response rate is disappointing.

 Around 10 National Law Schools Participated.

 Participants from 14 states completed survey.

10
10 Participant Colleges
5 5
5 2 2 2
1 1 1 1 1 1 1 1
0

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TEACHERS SERVING IN LEGAL AID CLINICS

 On average 3 – 5
Teacher’s Supervising LAC Teachers are serving
Legal Aid Clinics.

30 25  Satisfactory situation
with regard to
20 Colleges number of teachers.
10 7
0 1  Actual Participation
0 in working of LAC is
0-3 4-6. 7-9. 9-12. required.

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 STUDENTS IN LEGAL AID CLINICS
1
Student Volunteer in LAC  On Average 30 – 40 students
20 volunteer.
20
5 5  Many Law Schools have more than
2 1
60 student Volunteers.
0

2
Number of hours Volunteer
 Average time spent in LAC serve LAC
is 4 – 6 Hours. 15 13 12
10 6
 In many Law Schools 5 1
volunteer serve for 10 – 12 0
Hours per week.
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FINANCIAL ASSISTANCE TO LEGAL AID CLINICS

Financial Assistance Received by

LAC  Maximum number of Legal
Aid Clinics Lacks financial
Assistance.

2 8  Major reason for operational

Legal Aid Clinics.
23

Yes No Uncertain

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 Statements to which Participants Agreed.

Alumni can be of great help to LAC. (11 SA, 23 A)

LAC enhances lawyering skills of law students. (18 SA, 15 A)

LAC is an effective tool to provide Social Justice. (27 SA, 6 A, 1N)

LAC should be a subject for elective credit in the law curriculum.

(14 SA, 18 A)

Funding of LAC is a key issue in its effectiveness. (16 SA, 11 A, 6 N

SA: Strongly; Agree A: Agree; N: Neutral 13

 Justice Delivery System and Role Legal
Aid Clinics can play.

27 29
 LAC should assist Local
30 20 Gram Panchyats.
20
 LAC can play an
10 important role in
0 assisting Lok adalats.
Strongly Agree Neutral
Agree

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 Mixed and Negative Opinion

12 SD • Poor people are aware of LAC.

12 D

3 SD • Students are overburdened by serving in LAC.

22 D

 LAC should confine itself only to give advice to its

clients. (SA:10; A: 9; D:9; SD:5)

 There is a lack of commitment among the LAC

members. (A:17; D:10)

 Faculty serving at LAC should be allowed to plead

clients.(SA:3; A:14; N:11 ; D:5)
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SA: Strongly; Agree A: Agree; N: Neutral; D: Disagree; SD: Strongly Disagree

 Community Education Programs by Legal Aid Clinics

LAC’s Providing Community  This is a positive sign in

Educational Programs providing social justice via
LAC in Law Schools.

1  Anti-Ragging Campaign,
group discussions and small
5 Seminars for creating legal
awareness.

 Working for Juvenile

26 Homes, conducting RTI
awareness workshop in
collaboration with local
NGO’s.

Yes No Uncertain  Legal Literacy Camps,

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Community based research
projects, Para-legal
Training,
 NALSA REGULATIONS, 2011 IMPLEMENTATION IN
LEGAL AID CLINICS IN LAW SCHOOLS

1 Awareness about NALSA

Rules.

3 2
Contact for establishment of
LAC by N/S/DLASA.
31
13

20
Yes No

Yes No
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 ASSISTANCE BY N/S/DLSA TO LEGAL AID CLINICS

1 Financial Assistance to LAC’s

in Law Schools by N/S/DLSA
1
2
Technical Assistance to LAC’s
by N/S/DLSA

33
3

Yes No 29

Yes No 18
How to strengthen the activities of the Legal
Aid Clinics in Law Schools?

Strict implementation of
Clinical components must be
NALSA Rules, 2011 &
introduced in papers such as
Development of
ADR, Family Law etc.
Infrastructure.

All the students must

Developing strong network,
create online forum for
expert opinion on legal
problems.
compulsorily serve LAC at
least for a year.
(Most Probably in Final
Year)

Need of strong
support from the
academic institution,
government bodies
and above all BCI. 19
 LEGAL AID CLINICS
&
ROAD AHEAD
Need to do something more than mere advice.

Assisting Local Gram

Panchayats & Lok adalats to Get involved in client
resolve the Disputes at village counselling, in various
level. alternative dispute resolution
process such as mediation etc.

LEGAL
AWARENESS

Play an active role in providing Coordinate with NGO’s, Social

legal representation in service groups, Local Advocates
consumer forum, commissions & DLSA to work at grass root 20
and family courts. level.
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