Revitalise law school clinics

The Constitution of India aspires to create an inclusive society. In pursuit of this goal, legislators established a statutory framework through the Legal Services Authorities Act of 1987, ensuring free access to justice for every indigent and underserved segment of society.

Recognising that law schools are the incubators of emerging legal professionals and scholars, the Bar Council of India (BCI) has mandated the establishment of a legal aid clinic in every law school, headed by senior faculty, as outlined in Rule 11 of Schedule III of its Rules on Standards of Legal Education and Recognition of Degrees in Law. Additionally, in 1997, the BCI introduced legal aid as a compulsory practical course in the curriculum.

These initiatives aimed to achieve two significant outcomes: first, to equip students with the necessary skills for the legal profession while instilling a sense of societal service by exposing them to real-world challenges; and second, to formalise and facilitate easier access to justice by involving students.

Despite these efforts, law school clinics have not achieved notable success in guaranteeing unfettered and prompt access to justice. A study conducted by the United Nations Development Programme (UNDP) and the Government of India in 2017 revealed that nearly 82 per cent of colleges have designated faculty to oversee legal aid activities, yet the clinics remain ineffective.

The lack of financial support, academic and administrative challenges faced by faculty, and untrained students in handling the practical challenges are indisputably identified as significant obstacles to the seamless operation of any law school-based legal services clinic.

Addressing these challenges would necessitate a voluntary, collaborative effort from all stakeholders, potentially through the implementation of a ‘Learn to Serve’ initiative, which underscores the importance of being informed before educating, upskilling before uplifting, and infusing a culture of public service among like-minded and socially-oriented volunteers. The goal of this initiative is to reorient law school clinics towards achieving their desired outcomes.

To this end, members of the legal fraternity should be encouraged to volunteer as trainers for new trainees. To support this, each law school clinic should establish a repository of trainers, comprising academicians, practicing and retired advocates, judges, officials from Legal Services Institutions (LSI), and other stakeholders. Cooperation agreements should be forged between law schools, NGOs providing legal services, and other pertinent entities.

This approach would ensure continuous training from a galaxy of stakeholders and provide a platform for trainers to impart their valuable knowledge, fostering a more inclusive society. Additionally, students should be encouraged to undertake at least one pro bono case during their law program, whether before quasi-judicial bodies such as consumer forums, Central or State Information Commissioners, etc., or through engagement in providing paralegal services. Universities and the Bar Council of India (BCI) should amend the curriculum accordingly to accommodate these initiatives. 

Considering the essential role of faculty coordinators in the efficient operation of legal aid clinics, it is imperative that faculty members be authorised to represent and appear before quasi-judicial bodies in select juvenile matters on behalf of clinic beneficiaries.

Furthermore, the faculty engagement in legal aid should be integrated into their academic workload, in alignment with the Standard Operating Procedure of the Karnataka State Legal Services Authority issued in 2019. Additionally, regular workshops must be conducted to address the competency gap among untrained faculty, ensuring effective clinic management.

Legal Aid Clinics should modernise by embracing technology and leveraging digital platforms to reduce costs and broaden the reach of legal aid services. Furthermore, digital tools can assist in record-keeping, case management, and tracking the progress of ongoing legal aid projects. Tele-services can also play a crucial role in enhancing accessibility and efficiency.

The ‘Learn to Serve’ initiative aims to instil the ethos and values of voluntary service through collaborative efforts. As the objective of every law school clinic, including the LSI, is to provide free legal aid, no college, university, profession, status, language, age, geographical location, lack of coordination among local authorities, etc. should hinder achieving this. Every stakeholder engaged in volunteering should recognise that their minor actions can have a favourable effect on someone’s life.

(The writer is an academician)