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Legal Aid Clinics in India and the United States – Service learning and Social Justice. By: Sumit Kapoor LL.B(Hons.), Final Year Law School, Banaras Hindu University. 2 Professors Prof. David Tushaus Dr. S.K.Gupta. TEAM. 10 Student Volunteers divided in 4 Teams.
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Legal Aid Clinics in India and the United States – Service learning and Social Justice By: Sumit Kapoor LL.B(Hons.), Final Year Law School, Banaras Hindu University
2 Professors • Prof. David Tushaus • Dr. S.K.Gupta TEAM 10 Student Volunteers divided in 4 Teams • Team 1: Access to justice • Amit Singh • Dheeraj Singhal • Team 2: L.A.C in USA • Meenakshi Dutta • Varsha Srivastava • 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)
FocusofTeams • 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 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. Cont..
FocusofTeamsContinue… • 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 4: Research and Survey • Development of questionnaire. • Preparation & Dissemination of surveys. • Storing and analysis of survey results. • Coordination with other teams.
Developmentof Questionnaire • Development stage: • Division of questionnaire in 4 stages. • General Information • Legal Aid Clinic Information • Opinion on Legal Aid Clinics. • Legal Aid Clinic Support • Inclusion of objective and subjective questions. • 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, 2011. • Regular talks with Prof. D. Tushaus and L.A.C In charge at Law School, BHU
Creating Database& Disseminationof questionnaire • Creating Database of Law Schools in India • Collecting e-mail 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 e-mail and completion of survey. • Intimation via Regular reminders and calls.
Storage of Data & Coordination among teams Google Drive was used Extensively SNAP SHOT OF DRIVE • 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.
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. PARTICIPANTS
Teachers Serving in Legal aid clinics • 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. Teacher’s Supervising LAC
Students in Legal Aid Clinics 1 Student Volunteer in LAC • On Average 30 – 40 students volunteer. • Many Law Schools have more than 60 student Volunteers. 2 Number of hours Volunteer serve LAC • Average time spent in LAC is 4 – 6 Hours. • In many Law Schools volunteer serve for 10 – 12 Hours per week.
Financial Assistance to Legal Aid Clinics Financial Assistance Received by LAC • Maximum number of Legal Aid Clinics Lacks financial Assistance. • Major reason for operational Legal Aid Clinics.
Statements to which Participants Agreed. SA: Strongly; Agree A: Agree; N: Neutral
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.
Mixed and Negative Opinion 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) Mixed SA: Strongly; Agree A: Agree; N: Neutral; D: Disagree; SD: Strongly Disagree
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 NGO’s. • Legal Literacy Camps, Community based research projects, Para-legal Training,
NALSA REGULATIONS, 2011 IMPLEMENTATION IN LEGAL AID CLINICS IN LAW SCHOOLS 1 Awareness about NALSA Rules. 2 Contact for establishment of LAC by N/S/DLASA.
ASSISTANCE BY N/S/DLSA TO LEGAL AID CLINICS 1 Financial Assistance to LAC’s in Law Schools by N/S/DLSA 2 Technical Assistance to LAC’s by N/S/DLSA
How to strengthen the activities of the Legal Aid Clinics in Law Schools?
LEGAL AID CLINICS & ROAD AHEAD Need to do something more than mere advice.