Migration And Asylum Project's Nyaay Sabha: Paralegals And Lawyers As Catalysts For Strengthening Access To Justice

LIVELAW NEWS NETWORK

27 Feb 2025 5:50 AM

  • Migration And Asylum Projects Nyaay Sabha: Paralegals And Lawyers As Catalysts For Strengthening Access To Justice

    The Migration and Asylum Project (MAP) successfully hosted a two-day event, Nyaay Sabha: Paralegals and Lawyers as Catalysts for Strengthening Access to Justice, at Magnolia Hall, India Habitat Centre, New Delhi.About Nyaay Sabha 2025 marks the 30th anniversary since the enforcement of the Legal Services Authorities Act. Nyaay Sabha provided a platform to reflect on the evolution of...

    The Migration and Asylum Project (MAP) successfully hosted a two-day event, Nyaay Sabha: Paralegals and Lawyers as Catalysts for Strengthening Access to Justice, at Magnolia Hall, India Habitat Centre, New Delhi.

    About Nyaay Sabha

    2025 marks the 30th anniversary since the enforcement of the Legal Services Authorities Act. Nyaay Sabha provided a platform to reflect on the evolution of India's legal aid institutions, with a special focus on the perspectives of women duty-bearers, from across Delhi, Haryana, Himachal Pradesh, and Uttarakhand. The event also sought to engage experienced practitioner voices from across India to contribute to a meaningful examination of the legal aid framework. Justice Anup Jairam Bhambhani, who has a long-standing and deep commitment towards legal aid initiatives, delivered the keynote address.

    Report Launch

    The event marked the launch of Justice Within Reach: Paralegal Volunteers in India, presented by Justice A.J. Bhambhani. The report, which is a compilation of two surveys of nearly 1,000 paralegal volunteers across 7 states, underscores the indispensable role of PLVs in ensuring access to justice for marginalized communities and provides recommendations for optimizing their impact, including an international comparative analysis of PLV roles. Among the main findings of the report included:

    • 4 out of every 5 PLVs interviewed stated that their motivation to become a PLV stems from a strong desire to serve their communities.
    • Over 93% of PLVs suggested the need for incorporating practical training to better prepare them for fieldwork, with an equivalent share suggesting the need for non-legal skills such as leadership, conflict resolution and communication.
    • Nearly 1 in every 4 PLVs reported attending refresher trainings every 6 months, showcasing district-level inconsistencies.
    • 41% of PLVs cited physical safety as a significant concerns, while 3 out of every 5 PLVs specified the need for safe and affordable transportation to support their work.
    • 9 out of 10 PLVs felt that the compensation received was inadequate and largely consumed by travel expenses.

    The report also made long-term, medium-term and immediate recommendations to address systemic challenges and build a more efficient and equitable justice system for all.

    A copy of the report may be accessed here.

    Keynote Address by Justice A.J. Bhambhani

    Justice Bhambhani delivered a thought-provoking keynote on the constitutional foundations of legal aid in India, beginning with a provocative opening question–"Why should anybody get legal aid at all?"–followed by a compelling assertion that it is the courts themselves that need it the most. This perspective challenged one to look beyond the conventional understanding of legal aid as mere assistance to the underprivileged, and instead see it as an essential pillar that upholds the justice system's legitimacy, fairness and effectiveness. He further stressed that "Legal aid should not be an opt-in choice for a person, but activated as soon as the need arises." He outlined several systemic challenges hindering the effectiveness of legal aid, including limited public trust, resistance from law enforcement, and barriers within the prosecution system. He highlighted, "The police and prosecutorial establishment must understand that PLVs are not intruders, but essential partners in the legal process."

    Justice Bhambhani also emphasized the importance of empathy in legal practice, the need for deeper client engagement, and the crucial role of criminal justice reforms in improving access to legal aid, especially for marginalized populations.

    Ms Roshni Shanker (Executive Director, MAP) asserted that “legal aid providers serve as essential bridges between marginalized communities and justice systems, transforming abstract legal rights into meaningful access to justice. Through their dedicated service, they not only provide legal assistance but also empower communities to understand and claim their rights, ensuring that justice is not a privilege of the few but a reality for all”.

    She also spoke of the particularized challenges faced by paralegal volunteers (PLVs), who were justice first responders at the grassroots level, and noted that there needed to be concerted efforts to improve case allocation, remuneration, training and capacity-building, as well as recognition of the work that PLVs did. She however noted that “women in legal aid institutions face heightened challenges, beyond those affecting men. These include barriers to enrolment, security concerns, and inadequate training and support. These factors limit women's ability to attain leadership positions and exercise agency in their communities.”
    The grassroots legal aid practitioners in attendance, including PLVs and legal aid lawyers shared their grassroots experience and impact, including the support of thousands in accessing basic necessities during the COVID-19 lockdown. Razia, the only female Assistant Legal Aid Defence Counsel in Haridwar, Uttarakhand, said that "Justice should be accessible to all. From my journey as an LLB student to this point, I've realized the importance of understanding the judicial process before advocating for change. Knowing how judges operate, considering both prosecution and defense, is key."
    Zoya, a transgender PLV from Delhi said "since September 2024, I have made a monumental impact by championing inclusivity, successfully deploying 35 transgender individuals as PLVs, empowering them to contribute meaningfully to the cause."
    MAP's Nyaay Sabha reaffirmed the crucial role of paralegals, legal professionals, and robust institutional mechanisms in strengthening India's legal aid framework. The event underscored that enhancing legal aid systems is vital to fostering a more inclusive and just society.

    Founded in 2013 by former UN lawyers, MAP is dedicated to reshaping India's approach to migration and displacement. MAP empowers its target communities–internal and forcibly displaced migrants–through legal awareness, providing legal aid, advocacy, research, and technological interventions. It simultaneously works towards strengthening the legal and protection response systems by building capacities of service providers, and sustained engagement with policy-makers and other stakeholders. The organisation is women-led, with over 80% of its beneficiaries being women and girls.


    Next Story