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3 - Access to Justice in India: Managing Multiple Mechanisms in a Restrictive Practice Environment

from Part I - Access to Justice in Asia

Published online by Cambridge University Press:  29 September 2022

Helena Whalen-Bridge
Affiliation:
National University of Singapore
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Summary

India currently has the largest number of poor persons in the world, as well as the largest illiterate population, which creates tremendous challenges for access to justice. While free legal aid is a fundamental right for indigent litigants in India, accomplishing this standard remains elusive, and the system struggles with poor-quality state-empanelled lawyers and other challenges. There is also considerable emphasis on dispute settlement through alternative means such as lok adalats, where there is no legal aid. Although the bar calls itself a noble profession, giving back to society is not something the legal profession feels duty bound to do, and pro bono or low bono lawyers remain few and intermittent. Legal aid clinics in law schools could play a key role in this environment, but they are fettered by stringent practice rules which prevent teachers or students from assisting and representing clients. Access to justice could be enhanced if the quality of state-empanelled lawyers is improved, the appropriateness of lok adalats is considered in a more nuanced manner, and barriers to law school clinics are removed.

Type
Chapter
Information
The Role of Lawyers in Access to Justice
Asian and Comparative Perspectives
, pp. 39 - 55
Publisher: Cambridge University Press
Print publication year: 2022

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