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L EGAL A ID C LINICS IN I NDIA AND THE U NITED S TATES – S ERVICE LEARNING AND S OCIAL J USTICE By: Sumit Kapoor LL.B(Hons.), Final Year Law School, Banaras.

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Presentation on theme: "L EGAL A ID C LINICS IN I NDIA AND THE U NITED S TATES – S ERVICE LEARNING AND S OCIAL J USTICE By: Sumit Kapoor LL.B(Hons.), Final Year Law School, Banaras."— Presentation transcript:

1 L EGAL A ID C LINICS IN I NDIA AND THE U NITED S TATES – S ERVICE LEARNING AND S OCIAL J USTICE By: Sumit Kapoor LL.B(Hons.), Final Year Law School, Banaras Hindu University 1

2 2 Team 1: Access to justice Amit Singh Dheeraj Singhal Team 1: Access to justice Amit Singh Dheeraj Singhal Team 2: L.A.C in USA Meenakshi Dutta Varsha Srivastava Team 2: L.A.C in USA Meenakshi Dutta Varsha Srivastava Team 3: L.A.C in India Abhinav Mishra Tarun Bhowmik 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) Team 4: Conducting Surveys Sumit Kapoor (Student Coordinator) Arpit Sharma Hriday Pratap Singh Hunter Ehwart (Missouri, U.S.A) 2 Professors Prof. David Tushaus Dr. S.K.Gupta 2 Professors Prof. David Tushaus Dr. S.K.Gupta 10 Student Volunteers divided in 4 Teams 10 Student Volunteers divided in 4 Teams TEAM

3 3 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.

4 F OCUS OF T EAMS 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 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. 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.. 4

5 F OCUS OF T EAMS C ONTINUE … 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. 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. Team4: Research and Survey Development of questionnaire. Preparation & Dissemination of surveys. Storing and analysis of survey results. Coordination with other teams. 5

6 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, Regular talks with Prof. D. Tushaus and L.A.C In charge at Law School, BHU 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, 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 Information 2.Legal Aid Clinic Information 3.Opinion on Legal Aid Clinics. 4.Legal Aid Clinic Support Inclusion of objective andsubjective questions. Development stage: Division of questionnaire in 4 stages. 1.General Information 2.Legal Aid Clinic Information 3.Opinion on Legal Aid Clinics. 4.Legal Aid Clinic Support Inclusion of objective andsubjective questions. 6 Development of Questionnaire

7 7 Creating Database & Dissemination of questionnaire Creating Database of Law Schools in India Collecting id and phone numbers of LAC in charge in Law schools. Making calls and surfing website of Law Schools. Around 900 colleges database created. Creating Database of Law Schools in India Collecting 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 and completion of survey. Intimation via Regular reminders and calls. Dissemination of Survey Coordinating with IT Department of Missouri western state university. Online sending of questionnaire through and completion of survey. Intimation via Regular reminders and calls.

8 8 Storage of Data & Coordination among teams Storage of Data & Coordination among teams Google Drive was used Extensively 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. 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

9 9 PARTICIPANTS 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. 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.

10 T EACHERS S ERVING IN L EGAL AID CLINICS 10 Teachers Supervising LAC 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.

11 S TUDENTS IN L EGAL A ID C LINICS 11 Student Volunteer in LAC Number of hours Volunteer serve LAC 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

12 F INANCIAL A SSISTANCE TO L EGAL A ID C LINICS 12 Financial Assistance Received by LAC Maximum number of Legal Aid Clinics Lacks financial Assistance. Major reason for operational Legal Aid Clinics.

13 13 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

14 14 Justice Delivery System and Role Legal Aid Clinics can play. LAC should assist Local Gram Panchyats. LAC can play an important role in assisting Lok adalats.

15 15 Mixed and Negative Opinion SA: Strongly; Agree A: Agree; N: Neutral; D: Disagree; SD: Strongly Disagree 12 SD 12 D Poor people are aware of LAC. 3 SD 22 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) 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

16 16 Community Education Programs by Legal Aid Clinics 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 NGOs. Legal Literacy Camps, Community based research projects, Para-legal Training, 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 NGOs. Legal Literacy Camps, Community based research projects, Para-legal Training,

17 17 NALSA REGULATIONS, 2011 IMPLEMENTATION IN LEGAL AID CLINICS IN LAW SCHOOLS NALSA REGULATIONS, 2011 IMPLEMENTATION IN LEGAL AID CLINICS IN LAW SCHOOLS Awareness about NALSA Rules. Contact for establishment of LAC by N/S/DLASA

18 18 ASSISTANCE BY N/S/DLSA TO LEGAL AID CLINICS Technical Assistance to LACs by N/S/DLSA Financial Assistance to LACs in Law Schools by N/S/DLSA Financial Assistance to LACs in Law Schools by N/S/DLSA

19 19 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.

20 20 LEGAL AID CLINICS & ROAD AHEAD Need to do something more than mere advice. LEGAL AID CLINICS & ROAD AHEAD Need to do something more than mere advice. Assisting Local Gram Panchayats & Lok adalat s 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 NGOs, Social service groups, Local Advocates & DLSA to work at grass root level. LEGAL AWARENESS

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