Monday, August 17, 2020

Setting up free Legal aid clinic by Law students and becoming a paralegal volunteer under the NATIONAL LEGAL SERVICES AUTHORITY (LEGAL AID CLINICS) SCHEME, 2010 by Dr.Debarati Halder

http://www.cybervictims.org

Debarati Halder

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)  Setting up free Legal aid clinic by Law students and becoming a paralegal volunteer under the NATIONAL LEGAL SERVICES AUTHORITY (LEGAL AID CLINICS) SCHEME, 2010  published on 17th August, 2020 @https://victimologybydebarati.blogspot.com/2020/08/setting-up-free-legal-aid-clinic-by-law.html