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 2 Prof. Asha Bajpai, Project Director, TISS ATJ Clinic, Mumbai, India

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 3 Prof. Asha Bajpai, Project Director, TISS ATJ Clinic, Mumbai, India

Activities of TISS LSC TISS LSC Clinic Setting up university based clinic at TISS Collaborating and strengthening the MSLSA Training of paralegal volunteers Sensitization workshops for students Conducting legal literacy Providing legal services- advise, counseling etc. Networking Community- based clinic Developing materials for legal literacy 4 Prof. Asha Bajpai, Project Director, TISS ATJ Clinic, Mumbai, India

The TISS LSC Clinic in Action Prof. Asha Bajpai, Project Director, TISS ATJ Clinic, Mumbai, India

Materials developed – 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 6 Prof. Asha Bajpai, Project Director, TISS ATJ Clinic, Mumbai, India

LSC Student Interventions- Case studies 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 instituted- order 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 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 7 Prof. Asha Bajpai, Project Director, TISS ATJ Clinic, Mumbai, India

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 8

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 9

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 10

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. 11 Prof. Asha Bajpai, Project Director, TISS ATJ Clinic, Mumbai, India

THANK YOU Prof. Asha Bajpai Tata Institute of Social Sciences Mumbai, India. Prof. Asha Bajpai, Project Director, TISS ATJ Clinic, Mumbai, India 12