CONFERENCE REPORT: Legal Aid: Catalyst for Social Change

At the beginning of the conference Hon’ble Justice S. Muralidhar graced the dais and was greeted by Prof. Gurdip Singh, Dean, Faculty of Law. Prof. Gurdip Singh welcomed all the delegates and paper presenters to the brainstorming, intellectually stimulating technical sessions. He harped on the various national and international conventions which provide for legal aid to the needy. He further stressed on the need to fill up the lacuna in the present legislations providing for legal aid. He also reiterated the need to discuss every aspect of legal aid threadbare so that new perspectives might emerge and this convergence of new ideas revitalizes and enhances the efficacy of legal aid schemes.

We also saw the release of the book titled “Legal Aid: A Catalyst for Social Change”, edited by Prof. Raman Mittal and K.V. Sreemithun by Hon’ble Justice S. Muralidhar.

Justice Muralidhar in his speech discussed various questions that arise when we talk of legal aid. He reiterated the need to widen the ambit of legal aid and bring more categories of persons under its facilitative and protective umbrella. He opined that aliens, persons under preventive detention and persons accused under the NDPS Act should also be given the legal aid so that they are able to put forth an effective defense. Justice Muralidhar also said that there was a need to have a clear basis for exclusion and non-exclusion of persons under the umbrella of legal aid schemes. Legal aid isn’t a matter of charity but of right and hence no stone should be left unturned to ensure that it is available to all. In order to have a rule of law an effective legal aid system needs to be put in place at the earliest and in the right earnest. It was also pointed out by him that a pro poor approach needs to be followed as this is the mandate of the Constitution as well. Justice Muralidhar said that the negative impression of legal system which the people have in mind should be dispelled through the aegis of an effective legal aid system. Further, it was also pointed that availability of legal services should be directly proportional to the violation of human rights. Best practices from the national and international fora should be picked up and embedded in the legal aid system of our country. University law clinics, barefoot lawyers and paralegal system should be developed in the country and a strong mediation system should also be put in place.

Justice Muralidhar’s presentation was indeed an insightful and illuminating one. A robust and scientific approach to legal aid is the need of the hour. There is a pressing need for rapprochement between the old system and the new system of legal aid.

After this, Prof. Rose Verghese chaired the first technical session for the day on the topic Concept and Objectives of Free Legal Aid. She highlighted that the present system didn’t take into consideration the plight and predicament of the victims, as the primary focus is on the accused these days. This flaw needs to be remedied. The papers talked of the need to appoint honest lawyers to the legal aid panels, pay good remuneration to them and their work needs to be reviewed by a monitoring committee instituted for that purpose. Expansion, exclusion and excellence in the legal aid system is also much needed at this juncture so as to restore the faith of the litigants in the legal system. Over- emphasis on theoretical education needs to be countered by good quality practical training given to the students of law. A suitable apprenticeship program should be conceptualized and introduced in the country. Legal aid should not be given a constricted meaning and all dimensions of legal aid hitherto unexplored needs to be researched on. Literature and law’s complementarity was also discussed. Literature is indeed a very good reflector of the harsh realities of life and society and it provides a glimpse into the legal system of the country too. Media should play a pro-active role in promoting and protecting the rights of the needy and creating legal awareness. The means and merits test also needs to be incorporated in the legal aid system. Financial constraints shouldn’t be an impediment in a person’s quest for justice.  Another paper discussed the need for reviewing normative and procedural tenets of the legal aid system currently in place. Law shouldn’t be like a cobweb wherein the proverbial “smaller flies” are caught in the web while the strong and resourceful are able to weasel out.  Sensitization of judiciary, police and civil society is needed. Another paper discussed the need to put in place a system of juridicare. Bureaucratic approach also needs to be changed at the earliest and they should wake up from the deep slumber and take steps to properly utilize the budgetary allocations made for legal aid schemes. Periodic performance appraisals also needs to be done and a system of social audits be put in place. On the concluding note it must be remembered “Concept of justice must have hands and feet...to carry out justice in every case in the shortest possible time and at the lowest possible cost. This is the challenge to every lawyer and judge”.

The second session centered on scope of Legal Aid and Stakeholders Contribution. This session was chaired by Prof.Ved Kumari, Professor, Faculty of Law,University of Delhi. The session saw deep insights into untouched areas of Legal Aid. The road to provide justice to all though full of hurdles seems to be an achievable target with coordinated efforts.Thus the role of stakeholders gains utmost importance. The increasing role of law schools in running legal aid clinics, the need to sensitize judiciary towards the needs of poor and the role of DLSA in women empowerment were analyzed in various presentations. Issues like Legal Aid for Capital Offenders and problems in accessing Legal Aid Services in India too were touched upon.

The third session carried the same vigor and enthusiasm of first two sessions with Colin Gonsalves, Director HRNL as the chair. The session centered on drawing a road map for the future of Legal Aid. The importance of rural legal aid clinics, the need to restore confidence among people in free legal aid service, the need to bridge the gap between statutory ad customary norms of tribals and role of legal aid were highlighted. The session also saw a unique attempt to throw light on capacity building in legal aid normally an area often left untouched. The various challenges involved in Legal Aid Movement and its remedies were also discussed.

The much awaited international conference attracted huge response from all over the nation and even abroad. The waves of conference crossed the transcendental border. It touched various international institutions across the globe evoking an unprecedented response. The valedictory session saw the flash back; memories of Prof. B.B. Pande trickled down to the past churning the history of Legal Aid Movement in Faculty of Law, University of Delhi. The present generation keenly listened to him in rapt attention. The Professor-in-charge of Campus Law Centre, Professor J.L. Kaul in his valedictory address touched upon various issues related with Legal Aid Movement. He stressed on the need for more and more students/teacher participation in the Legal Aid Movement.

The students of the Legal Aid Society enacted a play Daakiaa Drugs Laayaa, it depicted Legal Aid Services and various issues involved in it. The Play so live with creativity, casting young talents enthralled the audience.

If somebody asks to name the cradle of Legal Aid Movement in India, it’s the Faculty of Law, University of Delhi, we bow before those pioneers, who nurtured this movement, and much before the authorities took initiatives to provide free legal aid. The Legal Aid Movement across the nation has started the long march “The bugle plays the victory song “Justice to all is no more a dream; it’s a reality, and achievable goal at a hands distance.”

Harshita Vatsayan

Pritam Singh

Kaushlesh Dubey