Global Alliance for Justice Education- Session 119
Saturday, July 25, 2015
Advancing Learning By doing in Asia
TISS Legal Services Clinic
Prof. Asha Bajpai, Tata Institute of
Social Sciences
Mumbai, India
TISS LSC Clinic
• Clinic At TISS Campus for LLM students in
Access to Justice program
• Partners- TISS, DOJ, UNDP, MALSA, DLSA
• Commenced in 2013
• Funding from UNDP for 3 years
Prof. Asha Bajpai, Project Director, TISS ATJ
Clinic , Mumbai, India
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Objectives
• To promote access to justice for the marginalized and vulnerable
groups by providing free legal advice, legal counseling, mediation,
Legal awareness and legal literacy, assistance in filing RTI
applications, accessing Government services, schemes and other
legal services to the vulnerable sections of society, by the faculty
and students and panel of lawyers of the clinic.
• To provide experiential and professional learning to the students of
LLM in Access to Justice Course, of providing legal services to the
vulnerable groups.
• To simplify and create awareness regarding laws, legal procedures,
legal institutions and Government schemes, programs for
vulnerable groups
• To collaborate with and strengthen the State legal services
Authority to provide legal services to the vulnerable groups in the
society
Prof. Asha Bajpai, Project Director, TISS ATJ
Clinic , Mumbai, India
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Activities of TISS LSC
Developing
materials for
legal literacy
Communitybased clinic
Setting up
university
based clinic at
TISS
Collaborating
and
strengthening
the MSLSA
Training of
paralegal
volunteers
TISS LSC
Clinic
Sensitization
workshops for
students
Networking
Providing legal
servicesadvise,
counseling etc.
Conducting
legal literacy
Prof. Asha Bajpai, Project Director, TISS ATJ
Clinic , Mumbai, India
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The TISS LSC Clinic in Action
Prof. Asha Bajpai, Project Director, TISS ATJ
Clinic , Mumbai, India
Materials developed
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Muslim laws for marriage, divorce and custody
check list for Police Officers under PWDVA
Rights of HIV infected persons
Reproductive Rights
Consumer Protection
Medical Negligence
Manual Scavenging laws
Comparison of personal laws
housing rights and urban development laws
Laws and schemes related to SC/ST
Simplified Juvenile Justice Act in local language.
RTI Act handouts
LSC student evaluation formats- client intake form- student
assessment criteria
Prof. Asha Bajpai, Project Director, TISS ATJ
Clinic , Mumbai, India
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LSC Student Interventions- Case
studies
1. 35 year HIV + woman, separated woman from West Bengal - daily wage labourer)- 5 children in
Mumbai in search of job- arrested under section 379 of the IPC (Theft)- apparently apprehended
red-handed by the police while stealing a mobile phone at railway station. - kept in prison - two
minor children were placed in a children's institution- Students find- not been produced before the
magistrate, nor given the option of bail- no money to give for bail- health was deteriorating - no
access to ART in the prison- lawyer was assigned to the case- Hospital for CD4 count.- out on
probation – shifted to shelter home- obtained custody of children.- Rights of under trial prisoners
Application for probation, custody of children
2. Supports his family of eight people. Previously where he used to residence was evicted by BMC
due to expansion of the road, -provided alternate land for his displacement.- alternate land illegally
occupied by another person who claimed to have property rights over it- . Civil dispute institutedorder in favour of LSC – No execution of order – students scrutinized document - drafted letter to
Assistant commissioner , BMC students approached legal department filed the Application under
RTI to find protocols and proceeding for legal eviction. Relief finally given to LSC client - no
protocols or single window redressal for initiating eviction proceeding. On paper BMC has rule for
eviction proceeding but no implementation.-got relief
3. 25 year women- two children- disabled daughter – husband having relationship with other woman deserted his wife and children – Students met client – filed PWDVA Act- Student file DIR at MM
Court – provided legal aid lawyer – notice to husband – husband after receiving notice came and
took wife and children back- happy to go back shelter - challenges faced –no basic documents like
ration card, proof of marriage which delay process of justice
Prof. Asha Bajpai, Project Director, TISS ATJ
Clinic , Mumbai, India
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Student Learnings
• Laws, rights, undertrials, women, children,
disabled, HIV/Aids affected, Juvenile justice ,
housing rights, filing maintenance
/compensation proceedings, cancellation of
warrants, application, compensation
proceedings, communication with under
privileges, conflict of interest, ethical issues
Prof. Asha Bajpai, Project Director, TISS ATJ
Clinic , Mumbai, India
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Challenges – Whose interest ?
•
clients without financial means are referred to DLSA. However, the quality of lawyers and their commitment is an
issue. providing lawyers from the LSC is not economically viable.
•
the lady was released on parole and provided shelter. But, she chose to work as a prostitute for the night and earn
some money. She also insisted that her children who had been placed in a children's Home during her arrest be
handed over to her. There was a conflict of interest with regards to whose interest is served. Releasing the lady
without proper safeguards might actually endanger the life of her children especially her 11-year-old daughter
who might be pushed into prostitution either by her or through circumstances. -Ethical conflict
•
Lawyers taking undue advantage , ration card, proof of marriage,
•
No execution of orders
•
Women may apply for action under DV Act. - they still prefer to compromise as much as possible due to social
pressure, economic support or for the sake of children. –NGOs attempt a mutual compromise before suggesting
separation as it is difficult for the woman to financially maintain herself and the children. - still a lot of emphasis
on maintaining the family. might not always be in the interest of the woman who is facing violence and loss of
dignity. – social stigma, no support system
Prof. Asha Bajpai, Project Director, TISS ATJ
Clinic , Mumbai, India
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Future Plans
• Community based legal clinic
• Networking of legal aid clinics of law schools
in India
• Training on ethics
Prof. Asha Bajpai, Project Director, TISS ATJ
Clinic , Mumbai, India
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Your suggestions ….
• How do we measure the impact on the
community?
• What are the best ways of evaluating students
and the model/program?
• Please identify 5 ideas for moving forward and
improving this model
• Please suggest ways for sustaining and funding
this model.
Prof. Asha Bajpai, Project Director, TISS ATJ
Clinic , Mumbai, India
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THANK YOU
bajpaiasha@gmail.com
Prof. Asha Bajpai
Tata Institute of Social Sciences
Mumbai, India.
Prof. Asha Bajpai, Project Director, TISS ATJ
Clinic , Mumbai, India
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