Over the past decade, pro-bono legal services in India have significantly contributed to bridging the justice gap and supporting social initiatives.
Awareness of the need for pro-bono work is increasing, with the Government of India introducing structured programs.
In April 2017, the Department of Justice launched the Pro-Bono Legal Services program to enhance access to justice for marginalized communities, fulfilling the state’s constitutional duty to provide free legal aid. Additionally, the Nyaya Bandhu app helps individuals locate volunteer lawyers, leveraging technology to promote pro-bono services. The National Legal Services Authority (NALSA) oversees legal aid programs nationwide, while Pro-Bono Clubs are being established to encourage legal professionals and students to engage in meaningful pro-bono work.
Challenges with pro-bono legal assistance
1. Policy framework and regulations
One of the primary obstacles is the absence of a standardized policy framework governing pro-bono initiatives. Without clear guidelines and regulations, there is inconsistency in how legal aid is administered across different states and regions, limiting the mobilization of pro-bono efforts, and lack of impact assessment.
2. Nyaya Bandhu app
The Nyaya Bandhu app plays a significant role in creating a network between volunteer lawyers and individuals seeking their services. However, it is targeted at lawyers and law schools, and there are no provisions for law firms thus limiting the capacity of law firms that could contribute significantly to pro-bono efforts.
3. Tax incentives
The Income Tax Act does not allow individuals or professionals to claim tax deductions for the notional value of time or services rendered pro-bono. This means that legal practitioners cannot deduct the equivalent monetary value of their professional services from their taxable income.
4. Beneficiary verification
There exists a significant challenge in understanding the actual beneficiary of legal services. The inability to ensure that help is directed to genuine needs can hinder the effectiveness of pro-bono programs.
Emerging trends in pro-bono practice
1. Technological advancements
The integration of legal technology is transforming the delivery of pro-bono services. For example, the Nyaya Bandhu app helps in accessing legal support by linking people to volunteers with legal knowledge in an alternative way, which enhances the efficiency of reaching out to persons in need of legal help for free.
2. Increased awareness
Increased awareness about pro-bono activities is making lawyers and law students more aware of their potential to help needy communities. This development is in turn motivating law schools to make pro-bono programs part of the curriculum, hence instilling a sense of responsibility towards society among future lawyers.
3. Pro-bono networks
Pro-bono networks like TrustLaw and Nyaya Bandhu are fostering collaboration among law firms, NGOs, and stakeholders by sharing resources and best practices. These networks create a win-win scenario as they connect lawyers willing to do legal work with organizations in need of assistance.
Altacit Global’s commitment to pro-bono service
Altacit Global has a proactive pro-bono policy that accounts for the working hours its associates dedicate to providing legal aid. By fostering a culture of social responsibility, the firm encourages its staff to render pro-bono services. By collaborating with NGOs and pro-bono networks, the assistance provided becomes more focused, therefore extending the services offered by the firm, while enabling the firm to assess the social benefit and economic value of its pro-bono work.
