Cochin University Law Review Vol. IX, 1985 p.

491-498

LEGAL AID CAMP — AN EMPIRICAL INQUIRY INTO

THE PEOPLE'S RESPONSES*

Free India has dedicated itself to ideals of welfarism. In

order to practise welfarism, among other things, the legal system
should be functionally effective. It should be accessible not
only to the rich and the privileged but also to the poor and
downtrodden. As a first step towards this end, the machinery of
dispensing justice should be geared to suit the needs of the teem-
ing millions of the 'little Indians' who lead a hand to mouth
life and constitute the majority in India. It is necessary to make
the legal system an instrument of social engineering in a wel-
fare state. In addition to the need for overhauling and revitaliz-
ing the machinery of justice, it is admitted that new measures
and strategies have to be evolved.
Among these alternative strategies, free legal aid schemes
have become a constitutional commitment. Many states are on
their march to translate this slogan into action. The measures
taken by them include holding Lok adalats and free legal aid
camps. Kerala has been holding legal aid camps to help people
resolve disputes.
With a view to evaluating the efficacy and effectiveness of
these measures the Cochin University Legal Aid Clinic

This paper is the outcome of a survey conducted by the Cochin

University Legal Aid Clinic. V. Ajakumar, Post-graduate student,
co-ordinated the survey. The questionnaires for the survey were pre-
pared and edited by Dr. K. N. Chandrasekharan Pillai, Reader,
D. Rajeev and Dr. G. Sadasivan Nair, Lecturers of the Department
of Law. All the postgraduate students associated themselves with
data processing. S. Sreekumar and Sunil Thomas, post-graduate
students, prepared the first draft of this paper, which was edited by
Dr. P. Leelakrishnan, Professor and Dr. N. S. Chandrasekharan,
Reader in the Department of Law.
492 COCHIN UNIVERSITY LAW REVIEW

(CULAC) I conducted empirical studies with the help of ques-

tionnaires distributed among participants in the camp held at
North Parur on January 6, 1985. It was organised by the Kerala
Chapter of the Indian Association of Lawyers in collaboration
with the Committee for Implementing Legal Aid Schemes
(CILAS), Government of India. A study on the merits and
demerits of a camp of this type would provide an insight into
the possibilities of institutionalising it as an effective measure
of dispute resolution. The study concentrated on the modalities
of the camp and the social response it evoked.

As a prelude to the study, two weeks before the camp the

members of CULAC discussed the problems that the camp
might face in its operation. From these deliberations CULAC
prepared two sets of questionnaires. The drafts were discussed
thoroughly and given final shape in a meeting of teachers and
students in the University Department of law. The first set' was
meant for the parties to the disputes. The other set' was meant
not only for the parties to the disputes but also for the orga-
nisers, mediators and observers.

The questions were in Malayalam, the mother tongue of

the people in Kerala. This made it easy for the participants in
the camp to understand the questions properly and to commu-
nicate without difficulty their answers to the questions. As can
be seen from the English version,4 the questions made a probe
into the characteristics of the camp that attracted the partici-
pants, the nature of cases that could be settled in such camps,
the kind of people who should be entrusted with the respon-
sibilities of organisation, the effectiveness of similar ventures in
solving disputes and the advisability of institutionalisation of
legal aid camps.

CULAC consists of students and teachers of the University of

Cochin Department of Law. Activities of CULAC are funded by
CILAS.
For the English version see Appendix I.
For the English version see Appendix II.
Supra, nn. 2 and 3.
 NOTES AND COMMENTS 493

By way of introduction it may be made clear that the usual

characteristics of court procedures such as rigidity, formalities
and technicalities of rules were conspicuously absent in the
camp. There prevailed an air of negotiation, conciliation and
persuasion. The camp was the first of its in kind in Kerala. The
cultural heritage, educational advancement, dense population,
multiplicity of political parties and above all awareness of the
people of their rights have naturally had their impact on the
operation of the camp.
Judges, lawyers, social workers, government officials, stu-
dents and persons from almost all walks of life associated them-
selves with the camp. Separate counters were opened for specia-
lised services. The aggrieved were interviewed, problems identi-
fied and in appropriate cases advices given and decisions taken.
Where problems could not be so solved, the parties were
advised to contact the local Legal Aid Committee for further
action.
With a view to eliciting their opinion on the questions
posed CULAC interviewed 400 persons: 74 plaintiffs, 33 defen-
dants, 27 mediators, 90 organisers and 176 observers. Nobody
was compelled to answer. The respondents had the option of
answering or not answering a question. Only 161 persons dis-
closed their occupation or profession. The remaining 239 did
not do so. The former consisted of judicial officers (4), busi-
nessmen (20), labourers (27) and students (22). Most of the
persons interviewed were ready to co-operate with the survey.
They were willing to express their impressions and opinions
about the camp.

THE CAMP: A WELCOME MEASURE

Were the people impressed by the camp? Did they think

that the camp had special features which were welcome? 390
persons had definite answers to these questions. 364 people
(93.33 per cent) welcomed the camp. The remaining 26 had
some apprehensions.
A classification on the basis of profession/occupation re-
veals that not only judicial officers and lawyers but also agri-
494 COCHIN UNIVERSITY LAW REVIEW

culturists and labourers, seem to be seized of the need for

holding camps of this kind. All the judges welcomed it. Seventy
lawyers were for the camps; four were against. Twentyfour
labourers welcomed it; three opposed. Twentyone students were
in favour; one was against.

THE REASONS FOR ATTRACTION

What are the salient features that attracted people to the
camp? Quick and speedy disposal? Less cost than that involved
in procedures in court? Amicable settlement of disputes?
Absence of legal and technical arguments? Obviously more
features than one attracted many. Quick and speedy disposal
of cases was the dominant factor. 5 'Less cost' comes next 6 and
then 'amicable settlement' 7 , followed by 'absence of legal
arguments'.8
For judicial officers quick disposal, less cost and amicable
settlement were factors of attraction. To businessmen quick and
speedy disposal was undoubtedly the main attraction. Fifteen
were attracted by this feature while five gave credit to amicable
settlement. The views of lawyers were in agreement with the
views of judicial officers. Speedy disposal, less expense and
amicable settlement were the important factors of attraction. To
ten students amicable settlement was the most important fea-
ture of the camp, whereas eight voted for quick and speedy
disposal. Agriculturists also considered quick and speedy dis-
posal and amicable settlement as notable features. Interestingly,
on this point labourers found themselves in agreement with
agriculturists.

CASES FIT FOR SETTLEMENT

Can all types of cases be disposed of properly and effec-
tively in legal aid camps? Opinions were divided. Thirtyeight

Out of the 364 who welcomed, 250 thought that this feature is the
most important.
170 people (46-70%).
162 persons (44.50%)
74 persons (17.58%).
 NOTES AND COMMENTS 495

(51.35%) of the eightyfour plaintiffs who responded said that

all types of cases could be so settled. Thirty two (43.24% )
held the contrary view. Four plaintiffs expressed no opinion.
Of the defendants who responded to the question, two-third
were doubtful whether all types of cases could be settled while
one-third expressed the hope that all cases could be settled
in camps. Majority of the mediators 9 organisers 10 and obser-
vers 11 were of the opinion that it is not possible in a camp to
settle all types of cases. While lawyers, agriculturists and
labourers were evenly divided on this issue, majority of the
judicial officers12 were optimistic that all types of cases could
be solved in such camps.
All persons seem to hold the opinion that cases which are
not of a serious nature could be settled in legal aid camps. The
,general view is that serious cases like murder, rape, labour
disputes and other cases involving questions of law or interpre-
tation of statues could not be settled in camps.

P UBLICITY
How did the participants come to know about the camp?
Did the media play an active role? What role did social and
professional groups play? An attempt was made to find answers
to these questions so as to identify the effective source of
information, about the camp for the participants. Several cate-
gories - television, radio, newspapers, law students, colleagues,
politicians, social workers, and others - were suggested. The
majority of the respondents to the questionnaire received in-
formation from lawyers (55.4% ). More than one third (36.49% )
got information through newspapers. The rest came to know
about the camp from friends. ,'Surprisingly none of the res-
pondents did get information from the Government media like
Doordarsan and Alf India Radio. This shows that Government

21 out of 30 (70%).
59 out of 91 (65.5% ).
80 out of 123 (65.04%).
3 out of 4.
496 COCHIN UNIVERSITY LAW REVIEW

media did not play the required role. Obviously lawyers played
a very active and significant role in information dissemination
about the camp.

J UDGES: AN ATTRACTION
Was presence of judicial officers a factor contributory to
the success of the camp? The data collected show that it was.
Their presence was a motivating factor which attracted many
to the camp. Most of the plaintiffs and defendants interviewed
found presence of judges an attraction of the camp.' 3 Mediators,
organisers and observers shared the view.• 4 Judicial officers who
expressed their opinion' s felt that their presence could be a
motivating factor for the success of the camp. Lawyers were
more or less evenly divided in their answer to this question.'6
Seventy-five per cent of the agriculturists were in favour of the
involvement of judges in the camp. Twenty per cent were against
it while fifteen per cent did not express any opinion. The labour
class considered the involvement of judges contributory to the
success of the camp." The majority of those who did not reveal
their occupation (65.85%) was in favour of judicial involve-
ment.

P ERSONS TO BE INVOLVED
Should politicians be kept away from the camp? Or should
they be actively involved? A good number of respondents i.e.,
83%, of those who answered the questionnaire had no doubt
that politicians actively involved themselves in holding the camp
at North Parur in a successful manner and that the camp had

75.68% of plaintiffs and 78.57% of defendants were of this view.

66.67% of mediators, 60% of organisers and 61.48% of obesr-
vers were of the opinion that the part playtd by the judges was
the major attraction.
Two judicial officers did not express their opinion.
45.94% answered in the affirmative and 43.24% in the negative.
The rest did not comment upon it.
23 out of 27 were of this view, while three did not answer the
question.
 NOTES AND COMMENTS 497

the moral support from all sections of society without any

regard to differences in political ideology or affiliation. Neverth-
less the majority was of the view that politicians should be kept
away from legal aid camps. This is an obvious contradiction.
What does it indicate? Perhaps it indicates the absence of con-
fidence of the people that politicians can play any effective role
in informal dispute settlement. Perhaps it may be a general
reflection on the lukewarm involvement of local politicians in
the past in solving personal problems of the people. However,
the extent of involvement of politicians in the camp at North
Parur indicates the potential of political leadership in organis-
ing successful legal aid camps.

There seems to be a consensus that active involvement of

lawyers, social workers, students and government officers is a
Sine qua non for the success of a legal aid camp. Some held the
view that retired Judges, religious leaders, representatives of
local bodies, members of the Legislative Assembly and Parlia-
ment, representatives of voluntary bodies such as Kerala Sasthra
Sahitya Parishad and service clubs like Rotary and Lions should
be involved.

L EGAL AID CAMPS — AWARENESS OF USEFULNESS

Most of the plaintiffs and defendants interviewed opined
that the time they spent in the camp was beneficial to them."
Mediators, organisers and observers looked forward to holding
similar camps in future. Businessmen unanimously welcomed
the camp. Lawyers and agriculturists found it useful. Majority
of the participants agreed on the point that no other machinery
can replace, or be more effective than, legal aid camps of the
nature under study.

G ENERAL O BSERVATIONS
One of the main drawbacks of camps of this type, as
pointed out by many, was the absence of any legal provision to

18. 72.98 per cent plaintiffs and 81.82 per cent defendants were of
this opinion.
498 COCHIN UNIVERSITY LAW REVIEW

compel attendance of the parties. In the camp many a defendant

did not turn up. There were instances where even the plaintiff
absented himself. Advisory nature of settlement is yet another
defect. 'Courts' in the camp have no power to enforce decisions;
enforcement is possible only with the co-operation of the parties.
There were many who suggested that, the above defects
notwithstanding, camps of this kind should be held frequently
at Taluk and Panchayat levels with the co-operation of social
workers. Excepting the criticism on organisational drawbacks,
the public generally welcomed the device of dispute settlement
through legal aid camp and were in favour of its institutionalisa-
tion. A few suggested organisation of the camp on the model
of ancient village and panchayat court. Some opined that a
camp must be preceded by a legal literarcy programme.
Our judicial system is often subjected to criticism on various
grounds. Judicial procedure involve inordinate delay and high
expenses. No wonder people plead for a total reorganisation of
the existing set up. Institutionalising legal aid camps may be
an acceptable alternative if reorganisation of the existing system
is attempted. Whether a new institution — social, political or
legal — will come to stay depends upon an important factor,
the confidence of the general public in such institution. The
survey discloses that even those who could not get favourable
decisions and thus were personally disappointed found the ser-
vices rendered at the camp useful and meaningful. This indi-
cates the confidence the camp could instil in the minds of the
people. It seems that the interest generated by the camp and
the inspiration derived by the organisers from the camp may
pave the way for the institutionalisation of Legal Aid Camps
within the framework of our justice administration systems.
- C OCHIN U NIVERSITY L EGAL AID C LINIC