How this organisation aims to solve the pro bono legal aid crisis in India

The Constitution of India calls for equal access to justice for all. Yet, the reality remains starkly different. While nearly 80% of India's population qualifies for free legal aid, only 1% has availed of such services..More concerning is that only 7.91% of undertrials have sought legal aid, while 70% of those hiring private lawyers belong to economically weaker sections. This raises a pressing question: if free legal aid is a right, why is it so underutilised?.The challenges of mandated pro bono work.In February 2024, the Parliamentary Standing Committee on Law and Justice proposed making pro bono work mandatory for advocates seeking benefits from Bar Council of Indian (BCI) relief funds. While this move aimed to promote legal aid, its feasibility remains uncertain.Many litigating lawyers in India already face financial constraints. A mandatory pro bono requirement, while well-intentioned, could add to this burden, particularly for young and struggling lawyers..Institutions like the National Legal Services Authority (NALSA), which are responsible for funding and coordinating legal aid services, also face challenges and struggle with underutilisation of resources. Reports indicate that most states fail to use even 50% of allocated legal aid funds, and India's per capita legal aid expenditure stands at just ₹10.A Supreme Court report revealed that legal aid clinics in law schools are under-equipped and without an associated practicing lawyer to assist clients seeking legal aid.These systemic issues often leave vulnerable individuals with two options: accept inadequate legal representation or incur significant debt to hire private lawyers..Even when legal aid services are available, accessibility remains a major challenge. India has only one legal aid clinic for every 127 villages. Many individuals, especially in rural areas, avoid filing cases altogether. Given infrastructural gaps, financial burden and legal complexities, justice is often out of reach for those who most deserve it..Bridging the gap: A collaborative approach.Nyaaya is an organisation set up in 2016 that focuses specifically on making the laws accessible for non-lawyers. Through its Samvidhan Fellowship, it aims to bridge the gap in access to justice by collaborating with communities on the ground.Team Lead at Nyaaya Anisha Gopi says, "The road to better legal aid lies in collaboration. Partnerships between legal services authorities and private legal initiatives can go a long way to bridge the divide between statutory obligation and effective aid.”.The Samvidhaan Fellowship integrates legal aid with mentorship and community engagement. It partners with district-level lawyers in Karnataka and Bihar to improve access to justice.Launched in 2022, the Fellowship collaborates with community-based organisations and state departments, including the Karnataka State Legal Services Authority (KLSA), the Department of Women and Child Development and the Bihar Livelihoods Promotion Society (Jeevika). Fellows are trained to educate underserved communities about their legal rights and provide pro bono legal assistance where needed..Applauding the initiative, former KSLSA Member Secretary Jaishankar stated,"Access to justice is the motto of legal services institutions. I am pleased that KSLSA and Nyaaya have entered into an MoU to work together to create legal awareness and ensure that the underprivileged and marginalised sections are provided quality legal services.".Real impact on the ground.What makes the Samvidhaan Fellowship unique is its dual approach: providing financial support to lawyers while ensuring mentorship from senior legal professionals. The program receives funding from Rohini Nikelani Philanthropies, along with support from lawyers like Trilegal Partner Rahul Matthan and Advocate Aditya Vikram Bhat..Matthan said,"While promoting projects that work in the intersection between technology, legal rights and social justice, too often we focus our efforts at justice reform on the institutions and the administration when all that’s needed is community engagement to educate citizens and empower them to exercise their rights. If we can strengthen society at the grassroots, the greater are our chances of protecting the weakest amongst us from injustice.”.Fellows benefit from guidance by experienced legal professionals, including former Supreme Court Justice BN Srikrishna, Senior Advocate Aditya Sondhi, and Advocate Poornima Hatti in Karnataka, and former Supreme Court Justice Aftab Alam, Prof Faizan Mustafa and Senior Advocate Shama Sinha in Bihar..This mentorship model enables district-level lawyers to improve their legal interventions, thereby enhancing the overall quality of legal aid services..Stories of change.In Bihar's Forbesganj, Samvidhaan Fellow Mukesh worked to address a long-standing issue of missing persons under the guidance of Advocate and Prof Fr Peter Ladis. On an average, 5,000 girls go missing from the region every year, yet first information reports (FIRs) were rarely registered due to a lack of legal awareness. Mukesh trained local leaders on filing FIRs and facilitated engagement with the police, leading to overdue missing complaints finally being recorded..In Bangalore, Samvidhaan Fellow Shirisha, under the guidance of Senior Advocate Sondhi, is working to improve enforcement of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) among unorganised domestic workers..In Chhapra, Bihar, Fellow Sunita Kumari previously had to turn away indigent clients due to limited resources. Now, through the Samvidhaan Fellowship, she can provide pro bono legal aid without financial restraints..In Karnataka, Sandarshini dedicates an entire working day at NIMHANS' crisis center, ensuring victims of violence and abuse receive immediate legal support..A sustainable future for legal aid.The Samvidhaan Fellowship highlights an important lesson: decentralising legal aid through public-private partnerships can enhance the effectiveness and reach of pro bono services. By involving senior legal professionals as mentors and funders, such initiatives ease the burden on statutory legal aid bodies while maintaining quality legal representation.By mentoring district-level lawyers, senior lawyers can bridge the knowledge gap, ensuring that young legal professionals are well-equipped to serve marginalised communities.Financial contributions can also help expand the program, allowing more fellows to take up pro bono work without financial strain..When asked about how senior advocates can chip in to make legal aid sustainable rather than dependent on statutory institutions, Advocate Aditya Vikram Bhat stated, "The answer is obvious. Legal aid needs time and money from senior members of the bar. The manner of application of this time and money is however critical. In my view, a senior advocate's time and money needs to go towards the creation of a legal aid or pro bono ecosystem and infrastructure, motivating the best young lawyers to do legal aid/ pro bono 'tours of duty', training lawyers and the participants in the ecosystem around them, and getting involved in select cases.".If you are a senior advocate looking to contribute beyond courtrooms, your expertise and support can strengthen access to justice for those who need it the most.Join hands with Nyaaya to support the Samvidhaan Fellowship - whether through mentorship or funding.To learn more or to get involved, reach out to admin@nyaaya.in