INTERNSHIP: PRO BONO PROGRAMME OF DEPARTMENT OF JUSTICE

PRO BONO PROGRAMME OF DEPARTMENT OF JUSTICE :

MEANINIG AND CONTEXT OF PRO BONO:

The term pro bono, short for “pro bono publico”, is a Latin term which means “for the public good”. In practice, the term is used specifically in context of the legal profession- referring to the practice of giving voluntary legal advice to individuals and organisations that are unable to afford legal advice and/or cannot access legal aid. Those in genuine need of legal help are, thus, represented by lawyers for free or at a minimal cost – presenting them with an opportunity to meaningfully address their legal problems.

As part of the pro bono movement, lawyers recognize their duty to further societal interests and work selflessly in favour of the needy. It provides lawyers with an enriching platform for professional and personal development, by building credentials and networks in diverse fields of work. A flourishing pro bono practice also generates good publicity for the lawyer’s practice.

GLOBALISATION OF PRO BONO LEGAL SERVICES:

In many countries, pro bono legal support has emerged as the dominant means of dispensing free representation to the poor. Countries like the United States and South Korea require lawyers to provide pro bono services for stipulated duration per year. While in South Korea the requirement is of at least 30 hours of pro bono work per year, in the United States, the American Bar Association recommends at least 50 hours of pro bono service per year. Singapore has individual lawyers and corporate organizations like Hewlett Packard, Intel etc. providing pro bono services, which adopt the programme by committing legal services of their in-house attorneys, paralegals and staff to dedicate a portion of their time to engage with the community by participating in various pro bono activities.

In India, “Pro Bono Legal Service” as a concept has not gained much momentum. Many lawyers, in their private sphere, provide poor and underprivileged clients with valuable legal advice and support without seeking professional fee. It thus remains an ad hoc, individualized practice lacking an institutional structure.
Through this programme, the Government of India has, for the first time, initiated a programme to encourage the culture of pro bono lawyering in the country ” with the objective of institutionalizing the practice.

ABOUT PRO BONO SCHEME OF DEPARTMENT OF JUSTICE AND NYAYA BANDHU APP:

Pro Bono Legal services programme was launched  in April 2017. An initiative of the Department of Justice, the programme is aimed at fulfilling the Department’s critical mandate of enhancing “access to justice” for marginalized sections of the society and the State’s constitutional obligation of providing “free legal aid” for all. The programme seeks to put in place an institutional structure which will promote pro bono culture in India. On one hand, the programme would facilitate delivery of quality legal assistance to the marginalised communities, on the other hand it would ensure that lawyers who volunteer their valuable time and service, towards this public service, are duly recognized for their contribution.

Based on the premise of using technology to enhance access to justice for all, the Nyaya Bandhu app will allow marginalized individuals (referred to as “Applicants”), seeking quality legal advice and counsel, to connect via a mobile application with “Advocates” who have volunteered their time and services on this platform.

“NYAYA BANDHU”, PRO BONO LEGAL SERVICES:

The Nyaya Bandhu (Pro Bono Legal Services) is the Government of India’s primary initiative to establish a framework for dispensation of pro bono legal services across the country. Under the programme, practicing advocates, interested in undertaking legal pro bono work, are connected, via mobile technology, with eligible marginalised beneficiaries, after due scrutiny for delivery of pro bono (free of charge) legal services.

In order to strengthen the Nyaya Bandhu network, Department of Justice proposed to set up and integrate pro bono panel of lawyers in each High Court (curated and moderated by the respective High Courts), within its Nyaya Bandhu programme. It envisages integrating the Nyaya Bandhu programme within the institutional framework of the justice system in India, so as to ensure its optimum utilization and impact.

NYAYA BANDHU PANEL FRAMEWORK AT HIGH COURTS:

1. Every High Court (through its Registrar General), invites applications from Advocates, practicing before the Hon’ble Court, and who are keen to volunteer pro bono legal services to the marginalized, to become part of the ‘Nyaya Bandhu panel’. As part of this panel, the advocate is expected to render timely & quality pro bono advice to beneficiaries appearing before the respective High Court. 
2. The implementation and moderation framework for this initiative is web based, with each High Court are provided with a unique login to register the names of the Nyaya Bandhu panel members.
3. This database is, simultaneously be embedded within the Nyaya Bandhu portal – thereby expanding its reach.
4. Once nominated to the panel, the concerned Advocate is required to complete his/her registration on the Dept. of Justice’s Nyaya Bandhu mobile application.

ROLE OF THE SCHEME:

1. To improve efficiency and quality of pro bono legal services by providing assistance to pro bono advocates through law students
2. To instill in young legal minds their responsibility to community by understanding and practicing pro bono legal services for the unassisted and disadvantaged persons in the societies.

PROPOSED ACTIVITIES OF PRO BONO SCHEME:

1. Pro Bono Litigation Assistance
2. Community Care Legal Assistance (CCLA)
3. Research, Documentation & Reporting
4. Promote Alternative Dispute Resolution Mechanism
5. Recognition and Awards for PBAs and Alumni Nyaya Bandhu Advocates

COMPOSITION OF THE PRO BONO CLUB UNDER DEPARTMENT OF JUSTICE:

1. The Club would be registered with the DoJ, Government of India, in any manner specified by the department for the purpose. At present DoJ has developed an online module to ease the process of registration. The access to this online Dashboard is given once DoJ accepts the proposal submitted by the Law school
2. The Club would be headed by a fulltime Faculty-in-charge, and a student committee (comprising of 10students selected by the Faculty-in Charge). The Students committee should maintain minimum 7 members at any time of the year, in case of any student graduating or ceases to be a part of the Committee
3. The students joining the club would be called as Pro Bono Associates or PBA’s. These PBAs shall be selected, after due procedure, by the Faculty-in-charge from amongst the 2^nd– 5^th year law students (in case of five-year law programme) and 2^nd & 3^rd year law students (in case of three-year law programme) & LLM students.
4. The student committee, under the guidance of the Faculty-in-charge would manage the administrative and financial functions of the club. The PBAs should be appropriately compensated for any travel or incidental expenses(printing; payment of any fee) incurred to assist the beneficiary/ Applicant during their legal assistance/representation
5. In meeting the objectives and underlined PB Club activities mentioned at Para 5 , the PB Club could be  made functional based on two models :-
6. Assisted Model: Taking support from any other CSO / Law firm /or any other Organization who would supplement and complement the running of P B Club.

LIST OF LAW SCHOOLS ASSOCIATED WITH PRO BONO SCHEME , NYAYA BANDHU PROGRAMME , DEPARTMENT OF JUSTICE:

CLICK- https://probono-doj.in/list-of-law-schools.html

FOR MORE INFORMATION:

VISIT-

https://doj.gov.in/

https://cdnbbsr.s3waas.gov.in/s35d6646aad9bcc0be55b2c82f69750387/uploads/2022/08/2022082250.pdf

https://doj.gov.in/nyaya-bandhu-pro-bono/

https://probono-doj.in/overview.html

https://probono-doj.in/modules/auth/login