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Pro Bono Publico

Pro Bono Publico, often abbreviated to Pro Bono is a Latin phrase meaning “for the public good”, Pro Bono Publico is not understood by its actual meaning, rather, Pro Bono has become synonym to free legal aid.

Pro Bono are the professional services provided in the public interest to persons in need. Though these services can vary from industry to industry, Pro Bono itself is prevalent in the legal industry for providing free legal aid to the underprivileged.

Pro-Bono in legal services are the responsibility of the state, but most lawyers and law firms do take few Pro Bono as a moral obligation. Pro Bono Cases help young lawyer to enhance their skills as it gives a lot of exposure and experience in different fields of law. 50 hours of Pro Bono Service in a year is recommended by American Bar Association. South Africa’s Cape Law Society had made, a minimum of 24 hours of free legal aid mandatory.

Legal Position on Pro Bono Legal Services

Sustainable Development Goal 16 of United Nations Development Programme, creates peace justice & strong institutions a global goal. Pro Bono Legal Services is recognized by international community in Article 14(3)(d) of International Covenant on Civil & Political Rights.

Article 39A of Constitution of India enshrines the principal of equal justice and free legal aid. Article 39A of Indian Constitution states that, “The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.]”. This article is the grund norm for Free Legal Aid in India, this article does not only makes a legal representation mandatory, but also have the right of adequate legal representation within it, in the case of Anokhilal V. State of MP (2019) 20 SCC 196 , the court in this case said that since the  Amicus Curaie for defendant was appointed by legal services at the very last moment, the Amicus Curiae did not get the time to study the matter nor get any time to go through the basic documents. Charges were framed, before Amicus Curaie could even go through with the matter. The miscarriage of justice in this case, resulted in this case due to a dummy legal representation. Therefore, legal representation under Article 39A Of the Indian Constitution, should be an adequate legal representation, as Right to Adequate representation is within the meaning of the said article.

Free Legal Aid is also a subset of protection of life and legal liberty, as enshrined in Article 21 of the Indian Constitution. In case of Khatri & Ors. V. State of Bihar & Ors. (1981) 1 SCC 627, the court said that it is duty of state to provide free legal aid not only at the stage of trial but also at every stage, which includes the stage when the person under consideration is bought before the magistrate or remanded from time to time. In the case of Suk Das V. Union Territory of Arunachal Pradesh (1986) 2 SCC 401, the court stated that even though the person in consideration have not applied for legal aid, the failure to apply for legal aid does not take the right away & it is the duty of magistrate to inform the person in consideration of its rights & inquire if the person in consideration wishes to be provided with legal aid on state’s cost. In the case of M.H. Hoskot V. State of Maharashtra (1978) 3 SCC 544, the court stated that the procedure established by law as said in Article 21, includes the Right to Appeal & Right to Counsel, again inferring to duty of the state to provide legal aid. Article 22(1) of the Indian Constitution also infer the right to legal representation.

Section 304 of the Criminal Procedure Code, 1973, mandates legal aid to the accused on state expense in certain cases. Section 304 of the Criminal Procedure Code states that:

(1) Where, in a trial before the Court of Session, the accused is not represented by a pleader, and where it appears to the Court that the accused has not sufficient means to engage a pleader, the Court shall assign a pleader for his defence at the expense of the State.

(2) The High Court may, with the previous approval of the State Government, make rules providing for—

(a) the mode of selecting pleaders for defence under sub-section (1);

(b) the facilities to be allowed to such pleaders by the Courts;

(c) the fees payable to such pleaders by the Government, and generally, for carrying out the purposes of sub-section (1).

(3) The State Government may, by notification, direct that, as from such date as may be specified in the notification, the provisions of sub-sections (1) and (2) shall apply in relation to any class of trials before other Courts in the State as they apply in relation to trials before Courts of Session.

Order 33 of the Civil Procedure Code, 1908 waives a person from paying court fees when a person is not able to seek justice due to financial constraints.

Chapter Four of the Legal Service Authority Act,1987, details the entitlement to legal services. Legal Service Authority Act creates various mechanisms to deliver free legal aid.

Legal Pro Bono Services: Present Scenario

Legal Service Authority Act, 1987, creates The National Legal Service Authority & State Legal Service Authority for the purpose of providing free legal aid. The Legal Services Authority Act, 1987, also establishes National Legal Aid Fund, State Legal Aid Fund & District Legal Aid Fund under sections 15, 16 & 17 respectively. Lok Adalats including permanent Lok Adalats are also established under The Legal Service Authority Act, 1987 for the purpose of dispensing ground-level justice.

Department of Justice encourages legal professionals for Pro Bono services and for the same creates a database of lawyers, who are enrolled with a bar council and are practising as an advocate at the bar. Interested Lawyers can register with Service Plus to create an Id, and use that login to Service Plus to create a profile for Pro Bono. The database becomes a platform that connects the person in consideration for legal aid with the legal professional, has experience in the areas of concern in that specific case.

Tele Law & Nyaya Bandhu are the leading platforms by the Department of Justice for Pro Bono Legal Services. Tele-Law provides pre-litigation legal advice mechanism, a beneficiary can seek this legal advice by Tele Law Mobile Application or by visiting Common Service Centre(CVC), here the beneficiary can seek an appointment for video conferencing with panel lawyers through para legal volunteers. The beneficiary can seek the advice of a panel lawyer on the scheduled date and time. Nyaya Bandhu, on the other hand, is the flagship Pro Bono Legal Service of the Department of Justice, Nyaya Bandhu dispenses its services through Android /IOS & UMANG Platform. Nyaya Bandhu collaborates with lawyers, civil society organizations& law firms, Creates Nyaya Bandhu Panels in High Court & Establish Pro Bono Clubs In Law Schools under its Pro Bono Club Scheme with an aim to create awareness for Pro Bono Legal Services and creating a better Pro Bono environment in the country, while doing so it creates a database of Pro Bono Advocates. Nyaya Bandhu with its platform connects the beneficiary applicant seeking legal aid to a Pro Bono Advocate having expertise in the specific matter. The author is also working on a pro bono platform for free online legal advice.

Pro Bono Legal Services: A Long Road to Walk

Though Government have taken some sincere steps in providing Pro Bono Legal Services, it is up to the legal fraternity to pick up the Pro Bono Culture. Legal Professionals need to make the step to maintain the Standards of Professional Conduct and Etiquette to be Observed by Advocates Standards of Professional Conduct and Etiquette, made by the Bar Council of India under Section 49(1 )(c) of the Advocates Act, 1961). Legal Processionals can register with Service Plus & Nyaya Bandhu or any other Private Pro Bono Service. Platforms like Lawyered & Freelegaladvice also provide a platform for  Pro Bono Services. A Legal professional can register or attach themselves with these platforms or start their individual Pro Bono services for promotion & implementation of Legal Pro Bono Culture. Though there is a long walk ahead for Pro Bono Legal Services in India, it has started to pick up the pace, and are showing positive signs.

References

• Constitution of India

• Anokhilal V. State of MP (2019) 20 SCC 196

• Khatri & Ors. V. State of Bihar & Ors. (1981) 1 SCC 627

• Suk Das V. Union Territory of Arunachal Pradesh (1986) 2 SCC 401

• M.H. Hoskot V. State of Maharashtra (1978) 3 SCC 544

• Criminal Procedure Code, 1973

• Civil Procedure Code, 1908

• Legal Service Authority Act,1987

• Advocates Act, 1961

Co-author - Rudraksh Mathur