Bridging the Justice Gap: Revitalising Pro Bono Legal Services

Access to justice is a cornerstone of a fair and equitable society, yet for those belonging to the underprivileged or economically weaker sections, this Fundamental Right granted by Article 39A of the Constitution of India remains out of reach.

Legal aid services aim to address this imbalance, but the reluctance of numerous lawyers to engage in pro bono work compounds the challenges faced by marginalised individuals. While commendable efforts are made by some legal professionals, the urgent need for more lawyers to offer their services without charge persists.

The current compensation structure for pro bono work presents a significant barrier to attracting experienced professionals. Despite the option for lawyers with a minimum of three years of experience to volunteer for at least two years, they are prohibited from charging fees for their representation. Instead, they receive nominal honorariums from local authorities, often inadequate to cover their expenses. In some areas, these honorariums can be as low as Rs 1,500 in small towns to a maximum of Rs 7,500 in larger cities, falling far short of recognising the true value of the services provided.

This inadequate compensation not only dissuades seasoned lawyers from engaging in pro bono work, but also undermines the quality of legal aid available to those in need. Without sufficient financial incentives, it becomes challenging to attract top-tier talent committed to serving the underprivileged. Consequently, individuals relying on these services may receive substandard representation, perpetuating cycles of injustice and inequality.

Recognising the urgency of addressing this issue, proposals for reform have emerged to enhance incentives and support systems for lawyers engaged in pro bono work. One such suggestion is to mandate every lawyer to participate in at least one pro bono case annually, with the potential for securing relief funds from the Bar Council. This measure not only ensures broader participation, but also fosters a sense of civic responsibility within the legal profession.

Additionally, the formation of designated panels of Senior Advocates in High Courts and the Supreme Court to undertake pro bono work collaboratively has been proposed. Leveraging the expertise of experienced lawyers, these panels can provide invaluable assistance to those in need while setting a precedent for pro bono involvement at the highest echelons of the legal profession.

Furthermore, the establishment of merit-based recognition for pro bono contributions can incentivise lawyers to actively engage in such endeavors. Merit certificates awarded by the judiciary (Supreme Court, High Courts, District Courts) can serve as tangible acknowledgments of their efforts, potentially influencing future career advancements. These certificates can be taken into consideration when such lawyers apply for judicial posts, law officers’ posts, including appointment of High Court Judges and Supreme Court Judges, consideration of designation of Senior Advocates, etc.

Addressing the compensation issue is equally crucial to ensuring the sustainability and effectiveness of legal aid services. Empanelled lawyers must be adequately compensated to prevent instances of harassment or demands for illicit fees from beneficiaries. The National Legal Services Authority (NALSA) should prioritise fair remuneration for lawyers, accompanied by robust monitoring mechanisms to uphold accountability and quality standards in legal aid provision.

In conclusion, the reluctance of many lawyers to provide pro bono services poses significant challenges to ensuring access to justice for all. By implementing reforms that enhance incentives, support systems and compensation structures, legal systems can better fulfill their obligation to serve the most vulnerable members of society. Only through collective efforts and systemic changes can we truly bridge the justice gap and advance the cause of justice for all.

A review of the working of legal aid under the Legal Services Authorities Act, 1987 was presented to the Rajya Sabha and laid on the table of Lok Sabha on February 7, 2024.