Bar & Bench News Network
“You make a living by what you get; you make a life by what you give”.-Winston Churchill’s words, but have we ever given it a second thought? Do we have the time to volunteer or give charity? Even when we ask ourselves these questions, how meaningful are our answers? In this rat race we often fail to notice who gets left behind. Today, we take a look at the lawyers who look out for people who fell behind in the rate race, or sometimes didn’t get a chance to run at all – the legal aid lawyers.
By a resolution dated September 26, 1980, the Government of India appointed a Committee for Implementing Legal Aid Schemes (CILAS) under the chairmanship of former Chief Justice P.N. Bhagwati. CILAS was meant to monitor and implement legal aid programs on a uniform basis in all the States and Union Territories. CILAS evolved a model scheme for legal aid applicable throughout the country by which several legal aid and advisory boards were set up in the States and Union Territories.
Bar & Bench takes a look at few of the Legal service clinics (LSC):
In the Delhi High Court Legal Aid Cell, Advocate R.P.Bansal, has voluntarily been advising the cell for the past 35 years and continues to do so with great gusto. Mind you, Mr. Bansal is not old. Speaking to Bar & Bench, he provides a view on the handful of lawyers who serve the cell for a few hours daily and give free advice. "These lawyers don’t get to be a part of this cell just because they want to help but because they possess the intellect to do – not being rich is no reason why you should have a poor lawyer". According to Mr. Bansal, not many law students want to intern with the Legal Aid Cell as the top law firms tend to attract the cream of the talent. Further, law schools in India often do not sufficiently encourage their students to spend a summer training with a LSC or a NGO. The students themselves say that the fierce competition amongst them drives them to work with prestigious law firms or senior advocates in order to polish their resume.
Delhi High Court’s Legal Aid cell has delivered justice in cases relating to dowry, domestic violence, divorce etc. It’s an ongoing struggle which gives the lawyers concerned a unique sense of moral satisfaction at the end of the day.
The Next Generation: So we might ask ourselves, are we creating a robotic generation of lawyers motivated solely by profit who do not feel for others? The story at most law schools is, however, different. LSC is a part of the curriculum in law schools all over India, both under the National Law Universities (NLU) as well as under other Universities.
The LSC at the National Law School of India University, Bangalore, has traditionally been very active. Speaking to Bar & Bench, Bhargavi Mudakavi, a fourth year student and Joint Convener of the LSC, says that LSC serves three primary purposes: a) the provision of practical knowledge, training and development of skill sets, b) socially sensitising students, and c) the creation of low cost yet dependable legal counsel and an awareness of the law in socio-economically backward sections. In terms of successful representations, students have represented clients at consumer fora, have mediated disputes and brought about agreements. She says that student legal aid cells can be effective, but only in a limited manner. Constraints of time, limited experience and inability to represent clients often take away from their effectiveness.
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- 1. "LSC has to be made mandatory and we need to ensure that students go through community service. In the US, there is so much emphasis on this and here where we need the maximum support, we are not getting. Bar LSC has to be made mandatory and we need to ensure that students go through community service. In the US, there is so much emphasis on this and here where we need the maximum support, we are not getting. Bar & Bench should ask Bar council to make this process mandatory. ". Guest, Delhi
- 2. "Good work. LSC are hardly showcased.". Guest, Mumbai
- 3. "Respected Sir I am badly harassed by one of the AIIMS Deptt. as I am AIIMS Student. after Admission to AIIMS I have not been given SPACE, Fellowship, Project and after one year they are asking me to change the Thesis topic as my Chief Guide is Promoted to some other University on higher post and then rest of the department is not supporting me but they are pulling me back so that I can't do the study. They made me go from one table to another as they says its Academic problem, then they say its Administration problem then they says its ur deptt. problem but no one listen or ask the person because of whom I am being in trouble during my study...plz advice or help me the best so that I can give u my mob. no. there are 10 more conspiracy against me and many more corruptions inside the deptt. and in AIIMS.". Vikash Kumar, AIIMS New Delhi
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