During
the Lock down for Covid -19, the people belonging to the below the poverty line (BPL)
had been affected hugely. Covid- 19 lock down had caused economic slowdown at
its worst. Several people have lost their job. Women have also been worst hit
as most of them in the middle-income group level had been financially dependent
on their husbands. Staying at home, working from home situations and loss of
jobs had triggered domestic violence as well. In this children had also been
affected: the school campuses had
remained closed and most of the private schools had taken to online teaching
mode. But children from socio-economically poor sections may not access and
exercise their right to education as they may not have access to digital devices
like their counter parts from socio-economically better sections. The Constitution
of India had however extended its benevolent scope to cover such emergency
situations especially for beneficiaries for free legal aid that had been
categorised under S.12 of the Legal Services Authorities Act, 1987. It may be
seen that free legal aid cell of the District/State/National legal services authorities
and free legal aid clinics setup by law schools may also render
help for the beneficiaries categorized under the above mentioned provision. The
Constitution under the Directive Principles of State Policy(Chapter IV) emphasizes
the duties of State to support all citizens including the beneficiaries of free
legal aid. This chapter extends its scope even for situations like this
pandemic. Article 39A
of the Indian Constitution is specially mentionable in this regard. It
speaks about easy access to justice for all and it is an essential part of Directive
principles of State policy. This provision implies that free legal aid should
be provided to all beneficiaries. In the landmark case of Hussainara Khatoon v.Home
Secretary,State of Bihar [(1980) 1 SCC98], It was held that all beneficiaries including
the accused who may be financially not capable to hiring a defence lawyer, must
be provided free legal aid. This implies that the State is duty bound to set up
free legal aid clinics in all important places and organisations rendering public services including hospitals,
jails etc.
The question
which arises here is, can the law students setup free legal aid clinic? Whether
they can render their services as pro bono counselors? Whether they can be
considered as para legal volunteers? who else can be eligible to become para
legal volunteers? Can the law students provide free legal advice?
In the
case of Forum for Social Justice v. State of Kerala &Another (High Court of
Kerala) ILR 2009(4)Kerala456, 2009(3)KLJ538, 2009(4)KLT176, it was held that
once the Legal services Authorities Act, 1987 has been enacted, no other
government department except the National Legal Services Authorities may
provide accreditation to the free legal aid clinics setup by the private
organisations/voluntary organisations etc.
As such,
the NATIONAL LEGAL SERVICES AUTHORITY (LEGAL AIDCLINICS) SCHEME, 2010, adopted by the Central Authority of NALSA speaks about
infrastructure, setting up of legal aid clinics, eligibility of paralegal
volunteers (PLV), works of such PLVs and
legal aid clinics, which may include providing legal advice, drafting of
petitions etc, and providing mechanism for resolving the disputes of local beneficiaries
in the prelitigation stage etc. This Scheme also provides that free legal aid
clinics shall refer disputes of higher level to the nearest District /Taluk legal services Authorities.
The scheme clearly mentions that the free legal aid clinics should be situated at
convenient places for public and should have proper infrastructure which would
provide sitting arrangements for beneficiaries especially women and children,
senior citizens, disabled persons etc. This
scheme also encourages village panchayat offices to accommodate free legal aid
clinics. Further, the scheme mandates that the free legal aid clinics should
have sign-board both in English and the local language showing the name of the legal aid clinic, working
hours etc. The free legal aid clinics should ber connected with the nearest District/taluk
legal services institution having territorial jurisdiction and such DLSA/Taluk
legal services authorities may maintain a panel of lawyers from whom
selected lawyers may be sent to such legal aid clinics on rotation basis for
rendering legal opinions/advises and in certain cases for amicable resolution
of disputes in the ADR mechanism ways. Such
lawyers may also request the nearest DLSA /Taluk legal services authorities to
refer the dispute to Lok Adalat for a pre-litigation settlement according to sub-section
(2) of Section 20 Legal Services Authorities Act, 1987 is complied with. The
nearest legal services institution having territorial jurisdiction/ District
Legal Services Authority may organise Lok Adalat at the legal aid clinic or
near to its premises. The scheme also mentions about using Mobile Lok Adalat Van which may be used
to bring the members of the LokAdalat
Bench for the purpose of alternative dispute resolution. The van may also be
used for the legal services, providing access to health clinics, other
government offices etc to disabled
persons, mentally ill persons and children.
The scheme
mentions that any individuals above the age of 18 may apply for becoming
paralegal volunteer and they may be selected for the same provided they have interest in social causes. Such PLVs may be
selected and trained by the DLSA and
Taluk Legal services authorities and
they may be engaged in the legal aid clinics including free legal aid
clinics in the law schools for assisting the panel advocates and the beneficiaries
of free legal aid. They may also help in drafting simple petitions, letters,
applications etc. They may also accompany the beneficiaries of free legal aid
to different government offices for exercising their rights etc. However, it is not necessary for PLVs to have
law degrees. But they may be encouraged to get law degrees to understand the laws, legal rights etc. Such PLVs may also
help the legal aid clinics in law for assisting the beneficiaries for
interacting with the students and the faculty members of the law schools. The scheme
mandates that all PLVs and panel advocates shall record their attendance in the
register maintained in the legal aid clinic. Such registers should also have
name, address and brief case details of the beneficiaries and the record of
suggestions provided by the panel advocates. It should also have the signatures
of seekers of legal aid and the lawyers. All such records shall be under the
custody of the Secretary of the Taluk Legal Services Committee/District Legal
Services Authority.
The scheme further provides that law colleges, law schools and universities should also setup free legal aid clinics and this can be done irrespective of whether the college/school /university is government aided or a private institution. Such free legal aid clinics may be connected with nearest DLSA or Taluk legal services authorities. But only the final year students may be eligible to render legal services under the monitoring of faculties. The junior students may however assist them. This scheme also states that such senior students may also setup their own free legal clinic following the guidelines of the scheme. Further, the law students should also adopt villages especially in the remote areas. such students must organise legal aid camps, spread awareness about legal rights, government policies, schemes etc and must as sit beneficiaries to access justice. However when the students of law receive their license to practice, they may cease to be para legal volunteers. But this would not deter them to render probono services in such free legal aid clinics as lawyers. They may need to be connected with the Local DLSA or taluk legal services authorities for enlisting themselves as panel advocates. However, they should not charge for their services and should be completely based on their interest for social cause. The legal services authorities however may pay them honorarium for their services.
Please cite it as Halder Debarati (2020)
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