Law students under-equipped to assist clients seeking legal aid: Supreme Court report

The Centre for Research and Planning (CRP) at the Supreme Court recently published an empirical report on the status of legal aid clinics in the 1,662 law colleges across India..Article 39A of the Indian Constitution provides for free legal aid to those who cannot afford it. The National Legal Services Authority (NALSA) and its federal units - the State Legal Services Authorities (SLSAs) and District Legal Services Authorities (DLSAs) - are tasked with providing free legal assistance. NALSA also mandates that law schools set up a legal aid cell/society/clinic on their premises to facilitate the Constitutional duty in a more inclusive manner..The CRP conducted a survey to understand the compliance of law school legal aid clinics with the NALSA regulations and schemes. To achieve this, a questionnaire was circulated among 125 colleges/law universities, of which only 81 participated..Shortcomings of legal aid clinics.The survey found multiple obstacles faced by the legal aid clinics. They highlight various shortcomings of law school clinics and provide a stark reality. Supervisors and clinical faculty are not adequately remunerated for their work in the legal aid clinic. No legal aid clinic has appointed a practising lawyer in a supervisory role. 24 of the 83 law legal aid clinics have not empanelled any lawyers, para-volunteer, or engaged the pro-bono services of a lawyer/alumni at any point.There are no standardised eligibility criteria for students to join legal aid clinics.Majority of the clinics have not mentioned the procedure to include members from diverse backgrounds. One clinic even responded stating that discrimination to promote artificial diversity will not promote the object of the clinic.Without understanding ground realities, law students are under-equipped to address clients looking for legal aid due to social, cultural, and economic disconnects. Training focused on client sensitisation and local practices and customs accompanied by external legal expertise can reduce the faculty workload and provide better exposure to the law students, the report says.Most legal aid clinics lack physical accessibility to their cells, with websites designed without keeping in mind the needs of persons with disabilities..All clinics are involved in legal literacy and awareness programs but are unable to respond to issues that they receive due to the lack of resources. 83% of the law schools state geography as a hindrance whereas some are involved in ADR assistance. A few legal aid clinics have adopted villages to conduct their legal aid activities in.60% of the surveyed legal aid clinics have not assisted any lawyer in any case. Cases undertaken by the clinics are fewer in comparison to the potential they have in order to help and assist DLSAs..The nature of cases undertaken by clinics are diverse but majorly cases of domestic violence, property and matrimonial disputes are at the forefront. Being a positive outcome, in contrast some legal aid clinics have not dealt with any legal disputes in a court of law. Prison reform initiatives are taken up by legal aid clinics and law schools involved in research regarding the socio-economic background of life convicts. Students, however, are suggested by the report to take up clerical work.. Legal aid initiatives are to be in compliance with BCI regulations and BCI Rules on Professional Standards bar academicians from practicing in a court of law as they are salaried employees. Additionally, they are also not compensated for their accountability and supervision of student activities. This makes it even more difficult for legal aid clinics who do not empanel lawyers to provide legal aid for the legal awareness they provide..17 clinics are also involved in PILs directly or indirectly while 19 clinics stated they do not undertake research, advocacy, or litigation efforts for emerging crises.Peer-sharing of knowledge across the nation amongst legal aid clinic members can benefit and collaboration could boost the support provided to DLSAs and SLSAs. Currently only achievements have been highlighted on social media, annual reports, and newsletters..Suggestions.Part VII provides for suggestions to improve the functionality and efficacy of law school legal clinics. Apart from logical solutions to the challenges mentioned above, the report also provides a global perspective as to how the challenges are tackled by law school legal aid clinics in the US and Australia.A few of the reforms that are unique to the Indian law school is that there is a possibility of a rotating staff of faculty and students who change every academic semester or year to provide everyone a fair chance. In order to ensure continuity in operations, details of legal actions taken should be recorded to not disrupt the service provided to the client. Legal awareness is not limited to the constitutionally secured rights but also remedies that can help resolve disputes with authorities. Legal aid clinics can help in rural and tribal communities by providing ancillary services which are not necessarily adversarial in nature like drafting, and counselling..Institutional complacency.The NALSA Scheme, 2013 provides that the DLSA shall assign a panel or retainer lawyer to attend legal services clinics, and the authority shall meet ensuing expenses. In addition to this, the NALSA Regulations, 2011 provides for the deputation of panel or retainer lawyers at the legal services clinics. As is evidenced by the report, these regulations are not followed.Clause 8 of the NALSA Scheme also provides for regulations to fund legal aid clinics in law schools. However, legal aid clinics of law colleges or universities do not receive adequate funds from the University Grants Commission, affiliated universities, or legal services authorities. The NALSA Regulations also obligate SLSAs to gather monthly performance reports from all legal aid clinics run by district authorities, law colleges and universities. Only 58 of the contacted 83 clinics claimed to conduct periodic self-assessments.There is a glaring lack of infrastructure at legal aid cells in law schools due to the budget crunch and lack of attention paid by the administration. Better implementation of regulations could have a more lasting effect in improving the quality of legal aid clinics. .The report was compiled by Anurag Bhaskar, Naveen Toppo, Pragya, Purvi Nema and Rajesh Ranjan of the Supreme Court CRP..[Read Supreme Court Report].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.