India Legal Aid Clinics: Creating Service Learning Research Projects to Study Social Justice

Abstract

Law school legal aid clinics serve two main purposes. The first is to provide a better legal education to students. The second is to provide access to justice in the community. This article will provide some background on the importance of both of these missions. We will then discuss the results of a study of legal aid clinics across India in 2012–13. Indian undergraduate law school students 4 designed and conducted this study under the direction of Dr Shailendra K. Gupta and Fulbright-Nehru Scholar David Tushaus at Banaras Hindu University. The research team obtained both quantitative and qualitative data from legal aid clinic directors for a view of the state of clinical legal education in India at this time. The service learning process of forming the team and conducting the research is described here. Findings show the global legal clinic movement has reached India. There are some excellent models for clinical legal education in India and abroad. However, there is great room for improvement. Some legal aid clinics provide excellent educational opportunities. Service learning, where students apply their knowledge in service to the community, is more effective in teaching analytical skills and critical thinking. Much more can be done in India’s clinics, where representation is more restrictive than in some countries. Providing legal education in the community through various means, including specialized advocacy, can be effective and educational. There are suggestions for reforms to improve clinical legal education in India, from providing elective credit to allowing direct representation.