Community Lawyering Protocol – A Training Tool for Undergraduates on the PMMSY Scheme

What is Community Lawyering?

Community lawyering is an approach to legal practice that seeks to address social justice issues by working closely with communities to empower them with knowledge about their rights and the legal system. It involves collaborating with community members to identify legal needs, provide education and resources, and advocate for systemic change.

Community lawyering emphasizes centering communities as leaders and building networks and capacity. As contrasted to traditional direct legal services, which often frame the lawyer as the omniscient leader and the client as a follower in need, community lawyering uplifts the knowledge and lived experiences of community members and places the lawyer in a support role—responding to the needs and vision of the community, democratizing access to legal information, and partnering with organizers and community members to create lasting change.

Read more: Community Lawyering Protocol – A Training Tool for Undergraduates on the PMMSY Scheme

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Role of Community Lawyering in training undergraduates

Training undergraduates in community lawyering can help them develop practical legal skills, gain real-world experience, and understand the importance of using the law as a tool for social change. It can also help students develop a strong sense of social responsibility and empathy for marginalized communities.

One of the important components of undergraduate training is exposing the student to the real world of the legal service industry. The professionals in the industry are classified into litigation lawyers and not litigation lawyers. A non litigation lawyer performs almost all the functions of a litigation lawyer but for appearance in Court. Court appearance, requires a license, in accordance with the Advocates Act and the Bar Council Rules. However, exposing a undergraduate student to the court proceedings, is practically impossible. Hence the trainee may be have limit himself in visiting the courts or the judges chamber, or by participating in moot court sessions. However, community lawyering could offer training in almost all the skills needed for a non litigation lawyer.

A Community Lawyering exercise is capable of inculcating the skills of client interview, research skills, drafting representation, appeals etc., and ensuring compliances, among other things. It offers holistic training opportunity necessary for a non litigation lawyer, who ensures protection of investment of their clients. It is better to avoid private disputes and controversial issues for the community lawyering exercise. Extent benefits of welfare measures of by the respective governments is an ideal starting point.

PMMSY AS A CLASSROOM FOR COMMUNITY LAWYERING

The Government of India in May 2020 approved a flagship scheme the “Pradhan Mantri Matsya Sampada Yojana (PMMSY) – A scheme to bring about Blue Revolution through sustainable responsible development of fisheries sector of India” with an estimated investment of Rs. 20050 crores comprising of (i) Central share of Rs. 9407 crores (ii) State share of Rs. 4880 crores and (iii) Beneficiaries contribution of Rs. 5763 crores for its implementation for a period of 5 years from the financial year 2020-2021 to 2024-2025, in all the states/union territories

The vision of PMMSY is extracted for easy reference.

“Ecologically healthy, economically viable and socially inclusive fisheries sector that contributes towards economic prosperity and well-being of fishers, and fish farmers and other stakeholders, food and nutritional security of the country in a sustainable and responsible manner”

Can the community lawyer become the guardian angel of the real beneficiaries of the PMMSY. If the Community Lawyer could offer assistance in availing the benefits of the scheme, a real world of legal practice may get unfolded to them. In order to achieve this goal, they may have to create proper legal entities like private limited companies, partnerships or proprietorships. They may also have to offer assistance in getting the necessary regulatory licenses and permissions for starting the operations of the business. They may also have to act as the guardian of the investments of such beneficiaries. Let us discuss how, community lawyering could be employed in extending the benefits of PMMSY to the real beneficiaries.

UNDERSTANDING PMMSY SCHEME

The PMMSY Scheme has two components, (1) Central Sector Component CS and(2) Centrally Sponsored Component (CSS).  The beneficiaries of the scheme were also identified.  They include Fishers, Fish farmers, Fish workers and Fish vendors, Fisheries Development Corporations, Self Help Groups (SHGs)/Joint Liability Groups (JLGs) in the fisheries sector, Fisheries cooperatives, Fisheries Federations, Entrepreneurs and private firms, Fish Farmers Producer Organizations/Companies (FFPOs/Cs), SCs/STs/Women/Differently abled persons, State Governments/UT and their entities including, State Fisheries Development Boards (SFDB), Central Government and its entities. The Government has brought out operational guidelines, for an easy implementation of the scheme.

CENTRAL SECTOR SCHEME CS

Central Sector Schemes with sub components/activities with 100% funding under PMMSY, is included in the Annexure I of the Operational guidelines. Annexure I, consists of 13 sub components/activates, for which details of the activity and the terms and conditions of the funding are included. In some of the activities, the individuals are beneficences, while other are central government departments or even the State Governments/Union Territories. A detailed study of the activities, available for the individuals, may be of some interest for the purpose of out Community Lawyering exercise.

CENTRALLY SPONSORED COMPONENT (CSS)

Beneficiary oriented sub components and activates under centrally sponsored components of PMMSY are included in Annexure II. When the first column provides for the title of the component/activity the second column gives detailed inputs the background of the activity and the third column contents the terms of the funding. In some of the cases the entire cost is funded, while others are contributory. A reading of of Annexure II, would clearly show that the the beneficiary may have to do a lot of documentation for availing the benefits guaranteed. Maybe, the requirements in the scheme is the real impediment in the marginalized sections of the society, from availing the benefits of the such schemes. Evidently, a legally trained community lawyer could be game changer.

COMMUNITY LAWYERS AND IMPLEMENTATION OF PMMSY

Even though, PMMSY, was started in year May 2020, the basic information might not have reached it beneficiaries, in spite of the best efforts of the government machinery. The government machinery alone may not be sufficient to encourage the beneficiaries to avail the benefits of the scheme. Community lawyers, being legally trained personnel, could offer good counsel in supporting them to avail the benefits.

Community Lawyering Protocol for PMMSY

PCL Foundation and BSOLS https://bsols.edu.in/, are working together towards preparation of a protocol, specifically designed for the undergraduate students of law. The pilot program would be based on PMMSY, and the target group would be the fishermen community. Once the protocol is finalized, the same could be used in assisting the implementation of other schemes. The protocol will be helpful in assisting the training of students and preparation of other documents, towards the implementation of the PMMSY, in the local area identified. More details of about the protocol will follow…