Law, Poverty, Legal Aid & Access to justice Legal Aid Clinics - Making law students socially relevant

and professionally competent L Lawyers played pivotal role in |ndias freedom struggle and in making of the constitution. Those lawyers included not only Mahatma Gandhi, Vallabhai Patel, jawahar Lal Nehru, Madhan Mohan Malviya, Dr. Rajendra Prasad and Dr. B. R. Arnbedkar. but man)I others whose names are ess prominent but whose contributions were invaluable. What is the continuing role of Lawyers in building democratic India? 1L India has about IO lakh persons enrolled as Lawyers, yet there is a real shortage of good lawyers. Why are only a minority of lawyers becoming professionally competent and others are not able to even file a petition? L 40. O00 law students are graduating every year from |ndias 500 law schools. Why are only a limited number of law students getting good opportunities to work? L Andhra Pradesh has 46 Law Coiieges, with more than l0,000 students pursuing law, and about 3,500 graduating every year. How can these students and graduates be mobilized to help the poor in accessing justice? Can working for the poor also help in moulding law students as competent lawyers? Law students are passing out of the law colleges without an understanding of law in practice ancl the role of law as a tool to eradicate poverty. This is the root cause for the diminishing role of lawyers in nation building and one reason for professional incompetence. Public Interest Litigation, Legal Aid and Paralegal Services clinical course in the law curriculum has become a mere formalityI in almost all law colleges. This course has the potential of providing students an opportunity to get practical learning while participating in building an equitable, democratic society by helping the poor and the needy to get justice. Legal aid clinical courses can provide a foundation in Iawyering skills and give experience relevant to the real world of law practice. This course can be a vehicle for social action for the students motivated by a social justice mission. The expert committee on legal aid headed by justice Krishna Iyer in its report submitted to government of India in |973 anticipated significant involvement of law teachers and law Students in legal aid programs. The Committee on National juridicare: Equal justice and Social justice (|977) in its report observed that students participation in legal aid would not only be helpful in acquiring the skills necessary in the legal market place but also in providing an opportunity for the students to develop a humanistic perspective and social orientation." In the Committee on Implementation of Legal Aid Schemes (CILAS),

headed by justice P.N.Bhagwati also urged for law students involvement legal aid activities and the establishment of legal aid clinics. In spite of the committees' high expectations, legal aid was confined, at most |aw_schoo|s, to a minor extracurricular activity with a few exceptions. The main reason -for this failure is that law colleges typically lacked the physical capability and professional competence (in terms of having clinical law teachers). justice Ahmadi Committee in |994 recommended for incorporation of practical training to law students. In |997, BarI Council of India issued a circular for incorporation of four practical papers in law curriculum, including Public interest Litigation, Legal Aid and Paraiegai services ciinic. But law colleges made oniy half-hearted attempts to fulfill this mandatory obligation. The Law Commission of India in its report (2002) suggested that clinical legal education should be made compulsory. But legal aid is still treated as students optional work and an interference in the curriculum. |KPs initiative to support legal aid work by law students Legal Assistance Program is a component of Society for Elimination of Rural Poverty which is implementing a rural poverty reduction project throughout Andhra Pradesh called Indira Kranthi Patham (IKP). IKP is providing legal aid to the poor and tribals in land matters (see the annexure to know more about the Programme). IKP believes in the pivotal role that law colleges and law students can play in promoting justice, particularly through the eld of legal aid. IKP, which is working with a mission to provide legal assistance to the poor and tribals, is dedicated to creating socially sensitive la ers with rofessional com etence. Law er incom etence is its own form of in'ustice WY P P I and la ers' lack of social sensitivit is another form of in`ustice. Achievin `ustice re uires WY Y I 8| socially relevant and professionally competent lawyers. This is possible by supporting the law colleges in giving sl<ill-based legal aid education to law students. This will not only help in creating socially relevant and professionally competent lawyers, but also help hundreds of poor in getting justice. To date, IKP has taken the following initiatives to support legal aid work by law students: I. Involved students of NALSAR University of Law, Hyderabad to work in the villages of \/Varangal and Karimnagar districts to resolve land problems of the poor. As part of Legal Aid Clinic course at NALSAR during 2003-04 and 2004-05, the students worked in villages. identified land problems, conducted fact nding, counseled litigants, spread legal awareness and helped in organizing village courts for redressing land problems. 2. Since 2004, IKP has been utilising the services of students of DNR Law College, Bhimavaram, WG district in scrutinizing the LTR cases decided against tribals in the agency courts of K.R.Puram of West Godavari district and in filing appeals.

3. Since 2006, IKP has been utilising the services of students of Adarsha Law College. Warangal in scrutinizing the LTR cases decided against tribals in the agency courts of Eturnagaram of Warangal district and in filing appeals. Students of Basi Reddy Law_Co|Iege. Kadapa have conducted local enquiries in land problems identied by IKP paralegals. ~ . ' l1 IKP conducted a training program in Hyderabad from ISt to 3" May 2007 to 70 students of I8 law colleges in I4 districts on land Iegislatons and legal aid. Through video conferences. IKP addressed-students across the state to explain about IKP. The main objective of this training was to senstze students about the importance of legal aid activities in the law curriculum and to provide skills training. The students are expected to motivate their fellow students on the need and use of legal aid work. The training program triggered legal aid activities in I2 law colleges in 9 districts. Each law college student adopted one village to make it a land litigation free village. The students are working in the village to identify land problems of the poor and assist n getting them resolved. The students also participated in paralegal experience sharing meetings. The following are a few examples of the fol|ow~on work that has been initiated: In Warangal district, students of Adarsha Law College adopted GoriKothapa|l)I village. The students have done an enjoyment survey of 3000 acres of land and identified all the land problems. Because of their work, 400 poor people whose names were not in the village cultivation record (Pahan/Adangal) are now incorporated in therecord. ln Vishakapatnam district, students of N.V.P. Law College, Dr.B.R.Ambedl<ar College of Law, and Sri Shiridi Sai Law College have adopted Pydipala village. They have done an enjoyment survey of assigned lands and identified land problems in the village. action is being initiated. Students also documented cases that had been resolved by IKP Paralegals. In Kurnool district, students of Prasunna Law College worked in Regada, Gudur, and Abdullapuram villages and identified land problems by conducting enjoyment survey of assigned and government lands. The students have adopted Brahmanapaily village and beguntheir work. In East Godavari district, students of IRajiv Gandhi Institute of Law adopted Mulasthanam village. identiled the land problems, and are now working to resolve the identified issues. ln Ananthapur district, students of Sri Vijay -Nagar College of Law and Sri Krishnadevaraya Universty Law College adopted Siddiramapuram village, where they identified land problems through physical vercation of lands.

ln VVest Godavari district, students of IDNR Law Cnllege adopted Kuchimpudi village, where theyI identified land-problems through physical vercation of lands. ln Nalgonda4 dlstrict, students of Vijaya Collegeladopted lanpahad village, where they dentfled land problems through physical verification of lands. ' _ln Nellor district, students of VR adopted Kagithalapuram village, where they land problems through physical vercation of lands, _ In Karimnagar dlsricc, students of justice Kumuraiah Law College adopted Mal)/ala village, where they identified land problems through physical verification of lands. *I* ln Glmtur district. Studentsi of AC Law College and Law Colege adopted Varagani village, where they identified land problems through physical verilication of lands. IIKP provides a plgatformI for. the studnts motivated by sociai justice, studnts who desire to work for the poor; and even to the students who just want work for getting practical training. The students can do the following: AI. Adopting one village: Adopt one village near to your college and make it free of land Visit the village regularly on fixed days; identify all the problems in the village, and work to get those problems resolved. You. can take the help of various government departments and the District Legal YServices Authority in resolving the problems. IKP will provide necessary logistic support and facilitate the resolution of land issues. Student-can start a permanent legal aid or ADR center in the village and students can also organize village courts for resolution of problems. lf all the colleges in the state adopt one village, then 46 villages in the state can be free from all land-re|ated problems/disputes/cases/issues in one year. Students will be immenselyI benefited by this work. They will get exposure to various kinds of live legal problems. They will practically learn skills like case preparation. client interviewing, evidence collection, Alternate Dispute Resolution methods (which are essential for any good lawyer), and learn the functioning of law in the real world'. 2. Assisting IKP Lawyers Panel: IKP has a Lawyers Panel to represent the poor in civil court cases. Students can assist the panel in case preparation. research work, and attend the court proceedingsA The course will provide students the opportunity to learn the type of lawyering skills which are usually learned only after law graduation. 3. Documenting the Success Stories: Students can document the problems that have been resolved by the lKP Paralegals. This will provide a deeper understanding of land laws through successful case method teaching of law,

'4; Participating in Paralegals meetings: Students can participate in fortnightly experience sharingfmeetings of IKP Paralegals. Paralegals will meet every fortnight in the district headquarter to discuss theworkdne. prepare action plans, andvreceive guidance for the resolution of identified problems. Students can help guide the paralegals and, in turn, benefit from the exposure to diverse legalY problems. 5. Representing the tribals in agency courts: Students can analyze the cases decided against tribals in agency courts and take StepS`to file appeais'. They `can als Irepresent the tribals in new or appeql cases. - - - " ' ' IKP will provide training to students on land laws and legal aid: facilitate the work; and give logistic and other required support to- the students. by spending its funds and time and energy of its team with a belief that there is a social benefit. Appeal to Law Colleges ' Public Interest Litigation. Legal Aid and Paralegal Services Clinical course is a mandatory Course as per the Bar Council of lndia regulation. However, because of certain limitations, the course has become a formality in most law colleges. which have not been able to fulfill the expectations of various high-level committees and, most importantly. "we the people Of India". Law Colleges can now take the help of IKP in running a skilled legal aid course. Let us all work together Law has great potential as a tool for effective social engineering. The country is waiting for competent. dedicated and highly motivated- law faculty, outstanding and socially sensitive law students, and skilful and socially responsible lawyers who can lead the profession towards a fair. effective, competent and accessible legal System. Let us wake up to the call and work together to build this society.