Public Interest Lawyering NOTES
Public Interest Lawyering NOTES
(Practical Training)
• The expression ‘Public Interest Litigation’ has been borrowed from American
jurisprudence, where it was designed to provide legal representation to previously
unrepresented groups like the poor, the racial minorities, unorganised consumers,
citizens who were passionate about the environmental issues, etc.
• Public interest Litigation (PIL) means litigation filed in a court of law, for the
protection of “Public Interest”, such as Pollution, Terrorism, Road safety,
Constructional hazards etc. Any matter where the interest of public at large is
affected can be redressed by filing a Public Interest Litigation in a court of law.
• Public interest litigation is not defined in any statute or in any act. It has been
interpreted by judges to consider the intent of public at large.
• Public interest litigation is the power given to the public by courts through judicial
activism. However, the person filing the petition must prove to the satisfaction of
the court that the petition is being filed for a public interest and not just as a
frivolous litigation by a busy body.
• The court can itself take cognizance of the matter and proceed Suo
motu or cases can commence on the petition of any public spirited
individual.
• Some of the matters which are entertained under PIL are:
In this case it was held that “any member of the public or social action group acting
bonafide” can invoke the Writ Jurisdiction of the High Courts (under article 226) or
the Supreme Court (under Article 32) seeking redressal against violation of legal or
constitutional rights of persons who due to social or economic or any other disability
cannot approach the Court.
By this judgment PIL became a potent weapon for the enforcement of “public duties”
where executive action or misdeed resulted in public injury. And as a result any citizen
of India or any consumer groups or social action groups can now approach the apex
court of the country seeking legal remedies in all cases where the interests of general
public or a section of the public are at stake.
Justice Bhagwati did a lot to ensure that the concept of PILs was clearly enunciated.
He did not insist on the observance of procedural technicalities and even treated
ordinary letters from public-minded individuals as writ petitions.
• The Supreme Court in Indian Banks’ Association, Bombay & Ors. vs. M/s Devkala
Consultancy Service and Ors held :- “In an appropriate case, where the petitioner
might have moved a court in her private interest and for redressal of the personal
grievance, the court in furtherance of Public Interest may treat it a necessity to
enquire into the state of affairs of the subject of litigation in the interest of
justice.” Thus, a private interest case can also be treated as public interest case.
• M.C Mehta vs. Union of India: In a Public Interest Litigation brought against
Ganga water pollution so as to prevent any further pollution of Ganga water.
Supreme Court held that petitioner although not a riparian owner is entitled to
move the court for the enforcement of statutory provisions, as he is the person
interested in protecting the lives of the people who make use of Ganga water.
• Vishaka v. State of Rajasthan: The judgement of the case recognized sexual
harassment as a violation of the fundamental constitutional rights of Article 14,
Article 15 and Article 21. The guidelines also directed for the Sexual Harassment
of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Factors Responsible for the Growth of PIL in India
• A Public Interest Litigation can be filed against a State/ Central Govt., Municipal Authorities, and
not any private party.
• The definition of State is the same as given under Article 12 of the Constitution and this includes
the Governmental and Parliament of India and the Government and the Legislature of each of
the States and all local or other authorities within the territory of India or under the control of
the Government of India.
• According to Art.12, the term State includes the Government and Parliament of India and the
Government and the Legislatures of each of the States and all local or other authorities within
the territory of India or under the control of the Government of India.
• (a) Filing
Public Interest Litigation petition is filed in the same manner, as a writ petition is filed. If a
PIL is filed in a High Court, then two (2) copies of the petition have to be filed (for
Supreme Court, then (4)+(1)(i.e.5) sets) Also, an advance copy of the petition has to be
served on the each respondent, i.e. opposite party, and this proof of service has to be
affixed on the petition.
• (a) Remedial in Nature: Remedial nature of PIL departs from traditional locus standi rules. It indirectly
incorporated the principles enshrined in the part IV of the Constitution of India into part III of the
Constitution. By riding the aspirations of part IV into part III of the Constitution had changeth the procedural
nature of the Indian law into dynamic welfare one. Bandhu Mukti Morcha v/s Union of India, Unnikrishnan
v/s State of A.P., etc were the obvious examples of this change in nature of judiciary.
(b) Representative Standing: Representative standing can be seen as a creative expansion of the well-
accepted standing exception which allows a third party to file a habeas corpus petition on the ground that
the injured party cannot approach the court himself. And in this regard the Indian concept of PIL is much
broader in relation to the American. PIL is a modified form of class action.
(c) Citizen standing: The doctrine of citizen standing thus marks a significant expansion of the court's rule,
from protector of individual rights to guardian of the rule of law wherever threatened by official lawlessness.
(d) Non-adversarial Litigation: In the words of Supreme Court in People's Union for Democratic Rights v.
Union of India, We wish to point out with all the emphasis at our command that public interest litigation…is
a totally different kind of litigation from the ordinary traditional litigation which is essentially of an adversary
character where there is a dispute between two litigating parties, one making claim or seeking relief
against the other and that other opposing such claim or resisting such relief.
Locus Standi
• Locus Standi means the legal capacity to sue or approach courts. Under both the
inquisitorial and adversarial system, the parties approaching the courts must
have been aggrieved or deprived of their rights. Thus, in any legal process, the
existence of locus standi is necessary.
• PIL is different from the usual method of litigation. Locus standi is mandatory in
traditional litigation, but a genuine interest or legitimate concern about the issues
of the public will act as a substitute for local standi in a PIL.
• Therefore, Locus standi is the standing of a person in whom the right to legal
action vests. Thus, according to the principle of locus standi, any aggrieved
person can approach the courts for a remedy. Locus standi is relaxed and made
flexible in a Public Interest Litigation to expand the scope of litigation by
considering the rights and issues of the marginalized and underprivileged.
Significance of PIL
• The aim of PIL is to give to the common people access to the courts to obtain legal
redress.
• PIL is an important instrument of social change and for maintaining the Rule of law and
accelerating the balance between law and justice.
• The original purpose of PILs have been to make justice accessible to the poor and the
marginalised.
• It is an important tool to make human rights reach those who have been denied rights.
• It democratises the access of justice to all. Any citizen or organisation who is capable
can file petitions on behalf of those who cannot or do not have the means to do so.
• It helps in judicial monitoring of state institutions like prisons, asylums, protective
homes, etc.
• It is an important tool for implementing the concept of judicial review.
• Enhanced public participation in judicial review of administrative action is assured by the
inception of PILs.
Certain Weaknesses of PIL
• PIL actions may sometimes give rise to the problem of competing rights. For
instance, when a court orders the closure of a polluting industry, the interests
of the workmen and their families who are deprived of their livelihood may
not be taken into account by the court.
• It could lead to overburdening of courts with frivolous PILs by parties with
vested interests. PILs today has been appropriated for corporate, political and
personal gains. Today the PIL is no more limited to problems of the poor and
the oppressed.
• Cases of Judicial Overreach by the Judiciary in the process of solving socio-
economic or environmental problems can take place through the PILs.
• PIL matters concerning the exploited and disadvantaged groups are pending
for many years. Inordinate delays in the disposal of PIL cases may render
many leading judgments merely of academic value.
Conclusion
• Public Interest Litigation has produced astonishing results which were unthinkable
three decades ago. Degraded bonded labourers, tortured under trials and women
prisoners, humiliated inmates of protective women’s home, blinded prisoners,
exploited children, beggars, and many others have been given relief through judicial
intervention.
• The greatest contribution of PIL has been to enhance the accountability of the
governments towards the human rights of the poor.
• The PIL develops a new jurisprudence of the accountability of the state for
constitutional and legal violations adversely affecting the interests of the weaker
elements in the community.
• However, the Judiciary should be cautious enough in the application of PILs to avoid
Judicial Overreach that are violative of the principle of Separation of Power.
• Besides, the frivolous PILs with vested interests must be discouraged to keep its
workload manageable.
Legal Services Authorities Act 1987
Introduction
• The adversarial system that came in India, with the advent of the British ended the
informal dispute resolution system. This new system was more complex and required
prior knowledge to be used.
• In M.H Hoskot v. State of Maharashtra, the Supreme Court held that our legal system
that has been mounted by the Anglo-American models which heavily uses legal
technology, compel the collaboration of lawyer power or steering the wheels of equal
justice under law. The adversarial model has been characterized by the technical nature
of law, because of proper proceedings in court and the prevalence of lawyers and
subsequent fee, hence it became imperative for the proper and fair adjudication of
justice that Legal Aid be incorporated into the Constitution.
• The 42nd Amendment Act inserted Article 39-A to the Constitution, hence making equal
justice and free legal aid a directive principle of state policy. As pointed out by Granville
Austin, the portions dealing with Fundamental Rights and Directive Principles of State
Policy are meant for social revolution.
• The working of Article 39-A reiterates that kind of social justice being prevalent in society.
Free legal Aid
• Legal Aid implies giving free legal service to poor and needy people
who cannot afford the services of lawyers to conduct a case or a legal
proceeding before any court, tribunal or any other authority .
How free legal aid was introduced in India
• The 14th Report of the Law Commission of India mooted the idea of providing free legal aid to
the poor by the State.
• The Report highlighted the responsibility of the legal community to administer the legal aid
scheme and the State to fund legal representation 174 to the accused in criminal proceedings,
appeals, and jails.
• In 1960, the Union Government initiated the national legal aid scheme which faced financial
shortages and died a natural death. In 1973, in the second phase, the Union Government
constituted a committee under the chairmanship of Justice Krishna Iyer to develop a legal aid
scheme for states.
• The Committee devised a strategy in a decentralized mode with legal aid committees in every
district, state, and center. A committee on judicature was set up under the chairmanship of
Justice P N Bhagwati to implement the legal aid scheme.
• This Committee suggested legal aid camps and nyayalayas in rural areas and recommended the
inclusion of free legal aid provision in the Constitution. In 1980, the Committee on National
Implementation of Legal Aid was constituted with Justice Bhagwati as its head. Subsequently, the
Parliament enacted the Legal Services Authorities Act, 1987.
Legal provisions providing for Legal Aid
• Section 340(1) of the Code of Criminal Procedure, 1898, provided that when a
man was charged with an offence punishable with death, the court could provide
him with counsel upon his request.
• This was subject to twisted interpretation by the court, as the court regarded this
as a privilege rather than a right in Tara Singh v. State of Maharashtra. However
in the Code of Criminal Procedure of 1973, this was made a statutory rule and it
was provided that in a trial before a session Judge if the accused does not have
sufficient means to employ pleaders, the court shall do so at its own expense.
Legal services authority in India
• Section 11A and 11B of the Legal services authorities act deals with the Taluk
Legal services committee.
• The state authority shall constitute a committee for every Taluk which may be
referred to as the Taluk Legal services committee.
• The committee shall consist of a Senior Civil Judge operating within the limits as
an ex-officio Chairman, and other such members prescribed and nominated by
the state government in consultation with the chief justice of High Court.
Criteria for giving legal services under this Act
• Persons who are entitled legal services under this act are :-
1.To a member of Scheduled Tribe or Scheduled Cast
2.To a victim of trafficking in human beings or beggars
3.To women and children
4.To a person with disability
5.To a person being victim of mass disaster, ethnic violence, caste atrocity, flood,
drought , earthquake or industrial disaster.
6.To a person in custody , including custody in protective homes like juvenile home
etc.
7.To a person whose annual income is less than 9 thousand rupees as prescribed by
State Government and 12 thousand rupees as prescribed by Central Government.
What is Lok Adalat ?
• Central, State, District and Taluk Legal Services Authority has been created who
are responsible for organizing Lok Adalats at such intervals and place.
• Lok Adalat consists of :-
1.A serving or judicial officers
2.Or other persons as prescribed by Central Authority or State Authority or District
Authority
• The nature of cases brought in Lok Adalat are :-
1.Any pending case
2.Any matter which is falling within the jurisdiction of , and is not brought before
any court in which Lok Adalat is being organised
The reference of cases by Lok Adalat
• After the agreement is arrived by the consent of the parties, award is passed by the
conciliators.
• The matter need not be referred to the concerned Court for consent decree. The
Act provisions envisages as under:
1.Every award of Lok Adalat shall be deemed as decree of Civil Court
2.Every award made by the Lok Adalat shall be final and binding on all the parties
to the dispute.
3.3. No appeal shall lie from the award of the Lok Adalat.
Powers of the Lok Adalat
• The Lok Adalat for determination of any matter under this Act will have the
same powers, that of a civil court that has been granted to it under the
Code of Civil Procedure 1908. The powers of the Lok Adalat are as follows:
1.The summoning and enforcing the attendance of any witness and
examining him on oath.
2.The discovery and production of any document.
3.The reception of evidence on affidavits.
4.The requisitioning of any public record or document or copy of such record
or document from any court or office.
5.Such other matters as may be prescribed.
Legal Aid under the Indian Penal Code
• Section 340(1) of the Code of Criminal Procedure, 1898, provided that if a man
was charged with an offence punishable with death, the court could provide him
with counsel upon his request.
• This was subjected to a twisted interpretation by the Supreme Court by
classifying it as a privilege rather than the duty of the magistrate in Tara Singh v.
State (1951 AIR 441).
• However, India in the Code of Criminal Procedure, 1973, facilitated the statutory
implementation of free legal aid subsequently.
• Section 304(1) provides that: In a trial before the sessions judge, if the accused
has not sufficient means to engage a pleader, the court should assign a pleader
for his defense at the expense of the State.
Advantages and Disadvantages of Lok
Adalat
• Advantages :-
1. Lok Adalat are meant for conciliated settlement of disputes outside court which is what most
of our people like if the matter allows for this kind of settlement. There is a fear among a
large number of people about taking disputes to court, not just about delay in getting justice
but also for financial reasons. In fact, one of the reasons for the formation of Lok Adalat or
people’s court is to provide fair and uncomplicated justice to the financially deprived section
of our society. Though government provides legal aids to poor, there is a fear of monetary
loss during the time period which is why most people prefer Lok Adalat.
2. . Family disputes like property acquisition and matrimonial issues are far better and faster
solved by these Lok Adalats in comparison to courts. Though there are family courts for these
matters, people would always prefer settlement outside court and in a fair and just manner
which is delivered well by Lok Adalat. It saves time and expenses and also is easier for
parties to make their claims which is not the case when the matter is in court and witnesses
are afraid of getting involved into legal matters.
3. he number of cases that require jurisdiction is increasing at an alarming rate and let’s
face it – we have far inadequate number of courts and judges in our country than we
require which leads to unnecessary delay even in smaller cases. If more and more
people could understand the significance of Lok Adalat and resort to them for easy
litigations, there would be lesser pending cases in the files gathering dust since years
in courts.
4. Lok Adalat can be a decent supplement to the work of courts and could contribute to
justice in a good way only if awareness is increased and people are encouraged to opt
for them. For illiterates and poor there are even more advantages of taking matters to
Lok Adalat. Proceedings are conducted faster and in simple arrangements and even in
local languages.
5. There is no absolute need of advocates by the victim and the convict, who can either
prefer to have their cases pleaded by the lawyer or simply talk to the judge about the
matter directly. This is not a possibility in courts where a third person pleads the case
and the people involved only get a say when their turn comes.
6. Even if the case is filed in court, the expenses are refunded to the party when the
case is solved by Lok Adalat which is another reason why people should be made
more aware of this litigation system where there is no fee involved.
• Disadvantages:-
1.. Faster justice comes with a price of settlement made at the cost of lesser
compensation and the petitioner had no time to claim higher amount which he
justly should have got as seen in many cases after which apex court ordered Lok
Adalat to be careful about not impairing the right of any party involved in the
issue. Faster and easier justice must not come with the price of injustice which is
what falls as a disadvantage of Lok Adalat.
2.Not all cases are suitable for Lok adalat jurisdiction. Lok Adalat is all about
settlement and compromise which is not what every case requires. Most cases in
India require punishment and correctional methods which is not under the dealing
of Lok adalat. These cases would usually fail here and would then be
recommended to courts.
Permanent Lok Adalats
• The basic features of a permanent Lok Adalat are identical to a Lok Adalat. There
are, however, certain modifications made.
• The key difference is that a typical Lok Adalat can only be summoned occasionally
and not on a daily basis, a permanent Lok Adalat is an established system which is
operational throughout just like any other court or tribunal.
• The Legal services Authorities Act, 1987, which had established Lok Adalats, did
not, at first, establish permanent Lok Adalat.It was the Amendment Act of 2002
that enabled the establishment of the first permanent Lok Adalat.
Difference between
Lok Adalat and Permanent Lok Adalat
• Lok Adalat are usually conducted on special occasions to dispose of cases .Now
on every second Saturday Lok Adalat are conducted on different type of cases.
But only few judicial officers try to settle the score between litigants. Mostly the
cases which are already settled in routine forward to lok Adalat for final
pronouncement. Don t hesitate to write it is wastage of time and money and to
befool the system. Only regular presiding officers along with two members one
from Advocate and one from society preside the lol Adalat.
• On other hand Permanent Lok Adalat are enacted under State legal services .
One retired session judge along with two members who are retired from
different departments. Only few civil type matters can be referred to Permanant
Lok Adalat. Like consumers forms process is simple and without court fees.
Courts are opened 10 to 5 on each n every working days . But shortage of staff
and ignorance of people Permanent Lok Adalat are not much popular.
Case law related to significance of Lok
Adalat
• Abdul Hasan and National Legal Services Authority Vs. Delhi
Vidyut Board and others
• The petitioner filed a writ petition before Delhi High Court for
restoration of electricity at his premises, which was disconnected by
the Delhi Vidyut Board (DVB) on account of non-payment of Bill.
Inter alia, the grievances of the citizens were not only confined to the
DVB but also directed against the State agencies like DDA, Municipal
Corporation, MTNL, GIC and other bodies, Court notices were
directed to be issued to NALSA and Delhi State Legal Service
Authority. His lordship Hon'ble Mr. Justice Anil Dev Singh passed the
order giving directions for setting up of permanent Lok Adalat.
• The scholarly observations of His Lordship Mr. Justice Anil Dev
Singh deserve special commendations and are worthy of note. It will
be profitable to reproduce the important text and abstract from this
judgment, which should be an eye opener for all of us. It should also
steer the conscience of all, as there is an increasing need to make Lok
Adalat movement a permanent feature
Para Legal Training and Legal Literacy
Definition of legal literacy
• Literacy is ability to use printed and written information to function in society, to achieve
one's goals and to develop one's knowledge and potential".
• In recent years, focus of literacy has changed from an emphasis on level of schooling to
focus on functional skills.
• Therefore the current courtroom, literacy is the ability to use printed and written
information to function in the courts and to achieve one's goals related to the justice
system.
• Even if a person is literate enough to deal with daily routines, he or she may not be a
literate enough to understand the language and procedure in the Court.
• Laird Hunter, in reading the legal world register following ideal operational definition of
legal literacy.
• "People using the legal system must be able to guide themselves through a process that
they understand and at appropriate places along with the way,
• 1) Recognize they have a legal right or Responsibility, in order to
exercise or assume it;
• 2) Recognize when a problem or conflict is a legal conflict and when a
legal solution is available;
• 3) know how to take necessary action to avoid problems and where
this is not possible, how to help themselves appropriately;
• 4) know how and where to find information on the law, and be able to
find information that is accessible to them,
• 5) know when and how to obtain suitable legal assistant ;
• 6) have confidence that the legal system will provide a remedy, and
• 7 ) Understand the process clearly enough the perceive that justice
has been done.
Para Legal Training
• "People who are poor usually do not know about laws that can help
them. And there are very few trained personnel who can tell them
about these laws.
• One solution to this problem has been to train people as paralegals.
• A paralegal is someone who, while not a professional lawyer, has a
basic knowledge of the law and its procedures as a result of close
association with lawyers and/or legal affairs.
• In the past, paralegals have been seen as assistants to lawyers, judges,
and legal officials of government institutions and therefore, in other
words, people who support the status quo.
• Recently, changes have been taking place to redefine and
expand the role of paralegals, and new methods for
informing people about their legal rights as well as about the
role of the courts and other legal procedures, have been set
in motion.
• These new paralegals are often recognised community
members, such as teachers, nurses, etc., and their efforts at
increasing legal awareness and legal literacy serve are
making the law more accessible to the people."
• A Paralegal worker is a person with basic knowledge of law and
procedures with motivation, attitude and skills to:
conduct education programmes to enable disadvantaged people to
become aware of their rights; facilitate the creation of a peoples
organisation to enable them to demand their rights;
assist in securing mediation and reconciliation in matters in dispute;
conduct preliminary investigation in cases which have to be referred
to a lawyer;
and assist the lawyer with written statem ents, required evidence and
other relevant information necessary for dealing with such a case.
• In South and South-East Asia, the groups which are engaging paralegais in their
legal services programmes have trained the following persons as paralegals:
• Community leaders, rural youth, social workers, representatives of specific
disadvantaged groups such as tribals, trade union leaders, health workers,
literacy teachers, religious workers, young lawyers, law students, student
volunteers doing community work, development workers and political activists.
• Of those trained as paralegal workers there may be some whose primary or sole
function is to provide legal services to a disadvantaged group or community and
there may be others who may function part-tim e as paralegals in addition to
carrying out their normal activity (e.g. literacy or health work)
• In some cases those who are trained as paralegals are not associated
with any particular agency or organization and they function on their
own and render their services when their assistance is sought by a
community or by individuals in the community.
• There are also persons who are trained as paralegals to deal with a
particular situation, for example a person could be trained to assist a
community seeking help following a natural calamity.
• Similarly, a representative of a refugee group couldbe trained to deal
with the problems faced by that group.
• In general, the experience of groups has been that it is far better for a
paralegal to be associated with an organisation (either as a paid
worker or as a volunteer), so as to receive support to sustain his work
as a paralegal.
ROLES OF PARALEGAL WORKERS
• The following are some of the functions for which a paralegal worker should be trained:
• Facilitating formation of a peoples organisation:
• Enabling people to organise themselves around specific issues as well as help them form
their own organisations.
• In addition, a paralegal will organise meetings, cultural programmes and other events that
will enable people to strengthen their solidarity and contribute to the formation of their own
organisations.
• Education and Conscientisation:
• Creating awareness among the people about their rights as well as imparting information on
specific laws of concern to them.
• In some instances this may involve giving information on specific development and welfare
programmes initiated by the government and how to participate in them.
• Social analysis:
• This is to help the paralegal as well as the people to understand the structural nature of the
problems faced by the people, and thus enable them to find long term solutions for them.
• Advocacy:
• Paralegals with the help of lawyers and others, bring to the attention of policy
makers problems faced by the disadvantaged groups with whom they are working.
• In specific instances this may take the form of representing the case of the
community or of an individual before officials, tribunals and quasi judicial forums.
• Counselling, mediation and conciliation:
• Paralegals should be trained to provide legal and other advice as well as to
mediate and conciliate in disputes that' arise between members of the community.
• As conciliators they encourage the members of the community to negotiate and
settle their disputes among themselves.
• Legal first aid:
• The role of a paralegal here is to provide immediate or preliminary solutions in
emergency situations.
• For example in the case of an eviction from a squatter settlement, obtaining
injunctions temporarily prevent their eviction.
• Networking:
• This consists of establishing links with other organizations and groups as well
as with individuals (journalists, researchers etc.) in order to generate support
for the problems faced by the community to which the paralegal is providing
assistance.
• Enabling people to represent their demands:
• This involves, when necessary, mobilising the people for mass actions or
protests so as to represent (negotiate/dialogue) their demands with
concerned authorities.
• Documentation: This will include keeping A chronicle of important events
that take place in the community as well as a record of activities undertaken
by the paralegal.
• Paralegals should also maintain files concerning cases that are litigated and
copies of official documents that are relevant to the community.
• They may also need to keep financial accounts related to their work.
• Drafting documents:! This involves helping the people to write applications,
complaints, affidavits, petitions and other legal documents. In cases where official
documents need to be translated into a local language, translating them (with the
help of lawyer if necessary) and getting them authenticated.
• Assisting the lawyer: Where cases are to be referred to a lawyer, the paralegal
worker may have to assist the lawyer by conducting preliminary investigations,
interviewing clients, gathering evidence and preparing a summary of facts, and
conducting legal research and even drafting simple pleadings.
• In addition to the functions enumerated above, paralegals working with specific
disadvantaged groups may need to perform some special tasks iii relation to that
group.
• For example, paralegals working with women would have to design programmes
that take into account problems faced by women. Similarly, paralegals working
with indigenous of tribal populations would have to deal with their specific
problems.
QUALIFICATIONS AND QUALITIES OR
ATTITUDES REQUIRED OF PARALEGALS
• Qualifications:
• Lack of formal education qualifications should not prevent a person from being
trained as a paralegal.
• The experience of several groups has shown that members of disadvantaged
groups who have been trained as paralegals, but who didn't possess literacy skills
have functioned successfully as paralegals.
• However, a paralegal worker should be open to self learning (including acquiring
skills to read and write) so as to become more effective in his/her work.
Some suggested qualities or attitudes for paralegal
Trust, and patience with the people by listening to them.
An objective and analytical mind, so as to understand the problems faced by the
people al'id devise suitable solutions jointly with them
Creativity to fashion different ways by which laws could be used for helping the
people.
Self-criticism and the ability to analyze the shortcomings of their work.
Self-reliance so as to take initiatives to help the people and not totally depend on
lawyers or the organization they belong to.
Respect for peoples initiatives to facilitate their self-reliance and, in accordance
with a democratic decision making process, to consult the people before taking
decisions.
Self confidence to establish links and relate with different sections of the society,
such as the confidence to deal with police officials, researchers, journalists, etc.
Capacity to make risk analysis and not endanger their security nor that ot the
people they work with.
Ability to foresee potential problems or issues in the community with which they
work and deal with them instead of waiting for problems to emerge.
Ability and self-confidence to discuss with the people both the positive and
negative consequences of a particular action.
For example, when the community decides to engage in collective action in the
form of protests, demonstrations, etc., the paralegal should explain to the people
the possible consequences of such an action
Realistic estimation of their capabilities and not acting beyond their abilities. For
example, while dealing with group conflicts that may arise in the community, the
paralegal should not hesitate to seek outside help, if necessary.
Ability to render proper advice and not raise the expectations of the people by
promising results that may not be feasible, given the nature of the problem.
Discretion and not jeopardizing the interest of the community.
Not misusing their role to promote self serving interests.
Adopting a style and mannerism familiar to the people and avoiding the style of
a conventional lawyer.
Upholding basic human rights principles and not condoning' human right
violations, even in situations Where the entire community the paralegal works
with violates certain principles (e.g* discrimination against minorities). Ability to
generate internal and external support to oppose such violations.
Not contributing to or strengthening existing patterns of discrimination (e.g.
discrimination against women), and if a particular law itself is discriminatory,
creating awareness among the people to challenge the law by referring to
internationally established human rights principles.
Respect for the peoples knowledge and positive traditions and not upsetting the
positive attributes of the local culture in the process of introducing legal
principles.
The qualities or attitudes enumerated above are also relevant to the members of
the organization that engages the paralegal and also for the lawyers who assist
paralegal workers.
SKILLS AND KNOWLEDGE REQUIRED OF A
PARALEGAL WORKER
• Some of the skills and knowledge a paralegal worker should possess or develop
are as follows:
• SKILLS Ability to work With people:
• A paralegal should be able to relate and work with the people so as to develop
solidarity among them and increase their participation in the programmes
conducted by the paralegal.
• Communication skills: Paralegals should develop the skills necessary to express
their thoughts clearly and explain laws and legal procedures in a language and
manner in which people can understand them.
• Paralegals should also be able to prepare and use innovative and non-traditional
methods of communications such as drama, dance, songs, puppets etc.
• Writing and drafting skills:
• A paralegal worker should possess or develop the skill to write down
thoughts clearly and coherently for documentation and reporting
purposes, as well as to draft petitions, applications pleadings etc.
• In places where handwritten petitions and applications are acceptable
(as in India), neat, legible hand writing would be an advantage.
• The drafting skills also include obtaining statements from potential
parties and witnesses in cases to be taken to court.
• Development of educational materials:
• A paralegal worker ffhould be able to prepare the necessary learning and teaching
aids for use in education programmes. Ability to conduct research: A paralegal
worker should possess or develop skills to do research, including the collection and
analysis of information (use of surveys, questionnaires, etc.)
• Ability to render advice or counselling:
• A paralegal worker should be able to provide proper advice or counselling so as to
enable the community or an individual in the community to decide on a proper
course of action to deal with a problem.
• Negotiating skills:
• Paralegals may be called upon to negotiate with the authorities and others to settle
problems faced by the community, and they should possess or develop the skills to
negotiate successfully.
• Evaluating skills:
• Paralegals should be able to evaluate their performance critically as well as that of
the people so as to enhance the impact of the programme.
• KNOWLEDGE
• In addition to the knowledge required to develop the skills enumerated above, a
paralegal should have minimum knowledge of the political and legal system
(including an indigenous legal system).
• A paralegal may also need to know the various judicial and quasi judicial forums
that exist so as to seek legal remedies for problems faced by the community and
by individual members of a community.
• (The knowledge required is elaborated more fully in the section dealing with
curriculum for paralegal training programmes')
LEGAL PROFESSION AND
PARALEGALS
• The experience of groups who have engaged paralegals in their programme has
shown that not only government officials but even lawyers can be antagonistic to
the paralegals.
• Such antagonism should be removed by creating awareness among the public and
in particular among the legal profession that paralegals are essential to create
access to justice for the disadvantaged groups in the society.
• Lawyers sometimes fear that paralegals will deprive them of clients. On the
contrary paralegals Will, where needed, bring cases to the lawyer which would
otherwise go by default.
• Bar Associations should sensitise the legal community to recognize the role of
paralegals and motivate the members of the legal profession to train and assist
them.
• To prevent a paralegal becoming a tout by bringing cases to a particular lawyer or
lawyers, the paralegal should not approach a lawyer on his/her own except in cases
requiring urgent relief (e.g. bail, injunction).
• The organization which is engaging the paralegal should maintain a panel of
lawyers to whom the cases could be assigned.
• Members of the legal profession should not misuse the services of a paralegal by
soliciting clients through a paralegal.
• When a case is entrusted to a lawyer through the sponsoring organisation, the
paralegal should be constantly in touch with the lawyer to provide the necessary
assistance.
• It is essential that the client is present at all times when the case is discussed with
the lawyer.
• The lawyer Concerned, after jointly discussing the case With the paralegal and the
client, should explain to them the strategy to be adopted and the possible
consequences thereof.
• The lawyer who has taken up a case or who is providing assistance to a paralegal
to deal with a case, should respect the knowledge and experience of the paralegal.
CASE COMMENT
Case Comment
• Purpose
• Case comments provide academic insight into judicial decisions.
• They are useful to, amongst others, practitioners and those working in the
voluntary sector who may not have the time to read around a subject in depth; to
other academics studying in similar areas; to the judiciary to assist them in future
judicial decision making and to students researching in the area.
Case comment may carry out one or more of the following
• THE INTRODUCTION
• A case comment should include a brief introduction.
• This can explain why the case comment is being written or indicate the
importance of the case,
• Or
• it might provide some context to indicate the tenor of the case
comment,
Refer to below sites for sample Case Comments
• https://lawcirca.com/category/case-comment/
• https://www.scconline.com/blog/post/tag/case-comment/
• https://www.lawctopus.com/academike/case-comment-tajju-khan-vs-
mazhar-khan/
Thankyou