In a society moulded by the practice of giving (‘sewa’, ‘nishkam karm’, ‘shramdaan’) and deep

value systems interwoven in various forms, belief and faith, volunteerism is a part of living
culture in India. Government programs since India’s Independence in 1947 have focused on
creating national volunteering forums for Indian citizens. These programs centre on “Personality
Development through Community Service.”

Pro Bono comes from the Latin expression “pro bono publico” meaning “for the public good”.
Free legal aid and services in India is predominantly the directive of the National Legal Services
Authority followed by State, District and Taluk Legal Aid Services authorities. This hierarchical
set up therefore allows a wide presence of services throughout the country. However, the legal
requirements grow diametrically with the given population growth, requiring significant
contribution from the legal community. Pro Bono legal service as a concept has not gained much
momentum in the country and remains more of an ad hoc, individualized practice lacking an
institutional structure

The Constitution of India by virtue of Article 39 A directs the State to provide free legal aid to
the poor and weaker sections of the society, to promote justice on the basis of equal opportunity.
Followed by Article 14 and 22 (2) of the Indian Constitution, which guarantees equality before
law. Also, the United Nations Sustainable Development – Goal 16 accentuates the commitment
of States ‘to ensure equal access to justice for all’.  Keeping in line with these obligations and
with a view to embolden pro bono legal services the Department of Justice has recently
attempted to create a database of lawyers willing to provide their services to  litigants identified
under Section 12 of The Legal Services Authority Act of 1987.

Indian non-profit leaders and development practitioners have often acknowledged gaps in
operative organizational structures and service delivery processes as significant challenges.
Many lawyers deliver poor and underprivileged clients with valuable legal guidance and support
without seeking any professional fee. Unfortunately, this commendable practice has not received
any deserving recognition. In many countries pro bono legal support has evolved as the principal
means of providing free representation to indigent and underprivileged clients. But, in the Indian
context some chief problems associated with the same could possibly, be –
 1. Time
Therefore, there is a need for:

1. Flexi-pro bono opportunities to match calendars of Lawyers.

2. Pro bono models which can be customized to meet the needs of the people.
3. The biggest challenge for lawyers will be finding the right law firm and matching it with
a charitable entity that requires their particular type of legal assistance.
4. Rules governing the ethics of practice of advocates in India do not include a mandatory
requirement for advocates to spend part of their time on pro bono legal services. Instead,
pro bono services are recommended, or an ideal to aspire to.
5. Making pro bono a part of people’s lives and daily culture.
Thus, the onus on coordinating these piecemeal efforts and formulating a comprehensive
national policy on pro bono services, as well as expanding the range of pro bono services rests
solely with the legal community and the Bar Council of India.

Therefore, recently the Union Law minister launched three schemes viz. Pro Bono Legal Service,
Tele Law service and Nyaya Mitra Scheme.

1. Pro Bono Legal Services – The objective is to encourage lawyers and legal professionals
to provide pro bono legal services, to recognize pro bono legal work being provided by
lawyers and legal professionals, and to create a database capturing vital information of
lawyers for appropriate positions in the relevant field. An online application on the
Department of Justice website to enrol advocates who are interested in providing legal aid
has been launched. Any practicing Advocate, enrolled with a Bar Council, irrespective of
their age is eligible to register.
2. Department of Justice has partnered with NALSA National Legal Services Authority and
CSC e-Governance Service India Limited for mainstreaming legal aid to the marginalised
communities through Common Services Center (CSC). Tele-Law means the use of
communications and information technology for the delivery of legal information and
advice. This e-interaction between lawyers and people would be through the video-
conferencing infrastructure available at the CSCs. The concept of Tele-Law is to facilitate
 delivery of legal advice through a panel of lawyers stationed at the state Legal Services
Authorities (SALSA) and CSC.  The project initiates to connect citizens with lawyers
through video conferencing facilities by the Para-Legal Volunteers stationed at identified
1800 panchayat.  The project would connect lawyers with clients through video
conferencing facilities at CSCs, operated by para legal volunteers.
3. The Nyaya Mitra scheme is aimed at reducing delays in cases across selected districts,
with special focus on those pending for more than 10 years. A retired judicial officer, or an
executive officer with judicial experience, will be put in charge of assisting those suffering
due to judicial delays.
Apart from the above endeavours, in several high-profile cases, courts in India have called on
senior lawyers to play the role of amicus curie, and have also called on lawyers to come forward
to provide legal representation to the poorest. The most modern national law schools also have
legal aid clinics, where law students offer assistance by providing preliminary legal advice.
Therefore, law schools in India do have legal aid clinics but the major challenge is that there is a
lack of an institutionalized approach towards clinical legal education.  Advocate Avani Bansal in
her article, “Clinical Legal Education as a means to advance access to justice in India”,
exceptionally points out the fact that most law schools have an adhoc approach towards legal aid
clinics, the success of which depends largely on the enthusiasm of the faculty and the students.

Can you imagine what India will look like if each lawyer/ academician/ law students were
employing the best organizational development practices to effectively attain their vision and
mission? Also, alternatively, India’s social challenges would be met with an army of lawyers
relentlessly rooting out social issues. Pro bono is an influential answer and offers a colossal
opportunity to fulfil this dream. If fully recognized, it can boost the functioning effectiveness and
build capacity of lawyers so they can play their development roles to their full potential. Most
importantly, the case for pro bono is reinforced by the dynamic social and legislative context in
India.

References
 Section 12 in The Legal Services Authorities Act, 1987
12. Criteria for giving legal services.—Every person who has to file or defend a case shall be
entitled to legal services under this Act if that person, is— (a)a member of a Scheduled
Caste or Scheduled Tribe; (b)a victim of trafficking in human beings or beggar as referred
to in Article 23 of the Constitution;(c) a women or a child; 1[(d) a person with disability as
defined in clause (i) of section 2 of the Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, 1995 (1 of 1996);] 1[(d) a person with
disability as defined in clause (i) of section 2 of the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996);]” (e) a
person under circumstances of undeserved want such as being a victim of a mass disaster,
ethnic violence, caste atrocity, flood, drought, earthquake or industrial disaster; or (f) an
industrial workman; or (g) in custody, including custody in a protective home within the
meaning of clause (g) of section 2 of the Immoral Traffic (Prevention) Act, 1956 (104 of
1956) or in a juvenile home within the meaning of clause (j) of section 2 of the Juvenile
Justice Act, 1986