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LEGAL AID CLINICS IN INDIA AND THE UNITED STATES – SERVICE LEARNING AND SOCIAL JUSTICE

By:

Sumit Kapoor

LL.B(Hons.), Final Year

Law School, Banaras Hindu University

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Team 1: Access to justice

Amit Singh Dheeraj Singhal

Team 2: L.A.C in USA Meenakshi Dutta Varsha Srivastava

Team 3: L.A.C in India Abhinav Mishra Tarun Bhowmik

Team 4: Conducting Surveys Sumit Kapoor (Student Coordinator) Arpit Sharma Hriday Pratap Singh Hunter Ehwart (Missouri, U.S.A)

2 ProfessorsProf. David TushausDr. S.K.Gupta

10Student

Volunteers divided in 4 Teams

TEAM

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SOCIAL JUSTICE & LEGAL AID CLINICS

Social Justice

Marginalised people are

given assistance.

Making concept of Access to

Justice meaningful.

Bring supressed

issues to light.Provide Legal Awareness.

Equal Access to laws,

policies and Basic Rights.

Helps society as well as court and

reduce litigation.

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FOCUS OF TEAMS

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.

Coordination with other teams.

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.

Cont..

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FOCUS OF TEAMSC O N T I N U E …

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.

Team4: Research and Survey Development of questionnaire.

Preparation & Dissemination of surveys.

Storing and analysis of survey results.

Coordination with other teams.

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Pre-Development stage:

Understanding need for L.A.C in Law schools.

Analyzing L.A.C in Law School, BHU its importance and shortcomings.

Analyzing of NLSA (Legal Aid Clinic) Regulations, 2011.

Regular talks with Prof. D. Tushaus and L.A.C In charge at Law School, BHU

Development stage:

Division of questionnaire in 4 stages.

1. General Information2. Legal Aid Clinic

Information3. Opinion on Legal Aid

Clinics.4. Legal Aid Clinic

Support

Inclusion of objective andsubjective questions.

Developmentof Questionnaire

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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.

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Storage of Data&

Coordination among teams

Google

Drive was

used

Extensivel

y

Every Team member uploaded

his work on Google drive.

Different folders on drive made

it convenient to use.

Every Member was able to

review work of other on drive.

Drive helped in storage of data

at one place.

SNAP SHOT OF DRIVE

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PARTICIPANTS

0

2

4

6

8

10

1 12 2

5

21 1

5

1

10

1 1 1

Participant Colleges

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.

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TEACHERS SERVING IN LEGAL AID CLINICS

Teacher’s Supervising LAC

0-3 4-6. 7-9. 9-12.05

10152025

25

7

0 1

Colleges

On average 3 – 5 Teachers are serving Legal Aid Clinics.

Satisfactory situation with regard to number of teachers.

Actual Participation in working of LAC is required.

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STUDENTS IN LEGAL AID CLINICS

Student Volunteer in LAC

0-20 20-40 40-60 60-80 80-100

0

10

2020

5 5 2 1

Number of hours Volunteer serve LAC

0-3. 4-6. 7-9. 10-12.

0

5

10

15 13 12

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On Average 30 – 40 students volunteer.

Many Law Schools have more than 60 student Volunteers.

Average time spent in LAC is 4 – 6 Hours.

In many Law Schools volunteer serve for 10 – 12 Hours per week.

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2

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FINANCIAL ASSISTANCE TO LEGAL AID CLINICS

Financial Assistance Received by LAC

8

23

2

Yes No Uncertain

Maximum number of Legal Aid Clinics Lacks financial Assistance.

Major reason for operational Legal Aid Clinics.

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Statements to which Participants Agreed.

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

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

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Justice Delivery System and Role Legal Aid Clinics can play.

Strongly Agree

Agree Neutral0

10

20

30

27 29

20 LAC should assist

Local Gram Panchyats.

LAC can play an important role in assisting Lok adalats.

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Mixed and Negative Opinion

SA: Strongly; Agree A: Agree; N: Neutral; D: Disagree; SD: Strongly Disagree

12 SD12 D

• Poor people are aware of LAC.

3 SD22 D

• Students are overburdened by serving in LAC.

Disagree

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)

Mixed

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Community Education Programs by Legal Aid Clinics

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5

1

LAC’s Providing Community Ed-ucational Programs

Yes No Uncertain

This is a positive sign in providing social justice via LAC in Law Schools.

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

Working for Juvenile Homes, conducting RTI awareness workshop in collaboration with local NGO’s.

Legal Literacy Camps, Community based research projects, Para-legal Training,

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NALSA REGULATIONS, 2011 IMPLEMENTATION IN LEGAL AID CLINICS IN LAW SCHOOLS

Awareness about NALSA Rules.

Contact for establishment of LAC by N/S/DLASA.

31

3

Yes No

13

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Yes No

1

2

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ASSISTANCE BY N/S/DLSA TO LEGAL AID CLINICS

Technical Assistance to LAC’s by N/S/DLSA

3

29

Yes No

1

2

Financial Assistance to LAC’s in Law Schools by N/S/DLSA

1

33

Yes No

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How to strengthen the activities of the Legal Aid Clinics in Law Schools?

Clinical components must be introduced in papers such as

ADR, Family Law etc.

Strict implementation of NALSA Rules, 2011 &

Development of Infrastructure.

Developing strong network, create online

forum for expert opinion on legal problems.

All the students must 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.

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LEGAL AID CLINICS &

ROAD AHEAD Need to do something more than mere

advice.

Assisting Local Gram Panchayats & Lok adalats to

resolve the Disputes at village level.

Get involved in client counselling, in various

alternative dispute resolution process such as mediation

etc.

Play an active role in providing legal representation

in consumer forum, commissions and family

courts.

Coordinate with NGO’s, Social service groups, Local

Advocates & DLSA to work at grass root level.

LEGAL AWARENESS

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THANK YOU