By Aarsh Chokshi*
(With the Prime Minister’s policy of “Start-up India Stand-Up India”, entrepreneurship has become the word for the country. Entrepreneurship is defined as, ‘the activity of setting up a business or businesses, taking on financial risks in the hope of profit’[1]. In my opinion, Entrepreneurship is about solving the problems. It is about figuring the problems faced by the people or the society and solving them through innovation. For an instance, Ola and Uber provided the solution to the problem of public transportation, through OYO rooms we do not need to go physically to the hotels and Flipkart and Amazon have become online shopping centers.
Legal sector in India is faced with multitude of problems, whether it may be pendency of cases, low strength of lawyers and judges or lack of technology. Lack of awareness of the common man towards the laws of the land has become a burden on the judiciary. These issues have taken deep roots in the system and it is critically harming its efficiency. Through innovation, ideas and hard work these problem can be worked out.
Although in our country, legal sector is seen to be the field most averse to innovation. Right now, it needs entrepreneurship the most. Legal entrepreneurship is the word, which every student of law school should be talking about instead of futile pursuit of jobs.)
“Legal entrepreneurship completes the puzzle of the legal sector, by being the fitting block.” – Anonymous
Entrepreneurship in India is field growing faster than any; there are more start-up today in the country than ever. India is third in terms of number of start-ups opened every year. Entrepreneurship is something that crops out of a problem, actual or potential and it fills the void caused by that problem. As mentioned in the introduction, it is about solving the problems faced by the people or the ‘Aam Aadmi’. For an instance, earlier you had to go the different markets and select the goods, now with the arrival of Flipkart and Amazon, you can buy the goods at the tap of your phone and goods will be delivered at your home. Public transportation was difficult, but now Ola and Uber have made it easy and cost-efficient using technology. Best and efficient choices can be made through apps like Policybazaar, Oyo rooms and Zomato.
Traditionally, in our country legal field is considered reluctant to change and slow moving. Lawyers are considered to be latter abiding citizens and innovation, not the word for them. Free flow of ideas and opinions is not done as confidentiality and security is given more importance. Innovation and entrepreneurship is generally not something law students aspire. However, the reality should not be the same, as the legal field today entrepreneurship the most.
Judiciary in our country is a system, which promises rights and safety to the citizens of the country. It keeps in check whether the legislature and executive are not encroaching their limits and not abridging rights of the citizens. It is a system which settles disputes between people amicably, by resorting to the right path. It tries to secure every of citizen, right to move freely, right to approach the court when required, right to speak and express freely. In fact, when the other two parts of democracy (legislature and executive) fail, judiciary is the one people can put their faith on.
However, the efficiency of judiciary is thwarted owing to multitude of problems facing the legal sector. Pendency of cases, lack of technology, alarmingly lower strength of lawyers and judges. Not only the judiciary but also people of the country face problems due to these issues. ‘Justice Delayed is Justice Denied’ in a common parlance of law but in our country delayed justice is general norm. This delay is large number of cases pending in the courts, due to the low strength of judges and lawyers.
Lack of awareness of the people about the laws is one of the major issues concerning the legal system of India. Legislatures, Supreme Court and high courts have multiple times come up with proper set of rules, guidelines, and laws, instructions for the welfare of certain section or the whole of the society. However, as that people are not aware about their rights, they are exploited or left out.
For example, in the case of Pt. Parmanand Katara v. Union of India [2], the court held that immediate medical treatment should be given to the injured in the hospitals. However, majority of the populace is unaware of the decision and guidelines issued by the court, hence not being able to exercise their right.
In the statute Maintenance and Welfare of Senior Citizen’s Act, 2007 it is provided that it is obligatory for the children to take care of their parents. However, many senior citizens are not aware of the act, hence forced to live in old-age homes.
Legal entrepreneurship can be the solution to these problems. Through ideas and innovation, solution to these problems can be reached and bridge between the legal sector and people can be filled. New methods and techniques can help in refining the system and removing out the inaccuracies, which cripple it. Through Entrepreneurship, the force of the system can be improved and justice is delivered efficiently.
For an instance, the legal system is a complex set of rules, guidelines, orders, bye-laws and other instructions, it is quite difficult for a common man to understand it. Even a law students has to refer various documents to understand them properly. Academicians and law students can start an app or website, through which they can publish blogs, videos or articles to make the law simple to understand for the common person. This idea will make people aware of their rights and duties, make them law abiding citizens. Through this idea, the people can be more aware of law and ultimate purpose of taking law to the society can be achieved.
Legal entrepreneurship can help the judiciary in solving the problem of pendency of cases. Law students with the help of IT experts can develop a software which tackles the procedural matters of the court. This software can store documents, information of witness and other matters to make it timely. The procedural irregularities can be reduced through this idea and time of judiciary can be reduced.
10 years ago, an IT expert, Sushant Sinha dreamt of making available the judgments of high court and Supreme Court free of cost on the internet. There was a government website already in place, but searching on it was very difficult for common man. He made a plan to make the website up to the standards and convenience which the other paid websites give, and making it available judgments of high courts and supreme court free of cost on internet. He worked out on this plan and made his website. Today, we all know the website as Indian kanoon. Indian Kanoon has increased the access of law to the common man and is fulfilling the purpose of taking law to the society. [3]
In 2011, Hrishikesh Dattar founded a startup named ‘Vakilsearch’ that aims to help the common man as well as corporate groups solve legal troubles using technology. This startup is centred around an automated online-platform that offered a wide range of legal services – such as company incorporation, trademark and patent registrations, etc. – with the help of in-house and marketplace experts. Vakilsearch dreams to make the process hassle-free, affordable for the common man, to address legal requirements. [4]
Besides Judiciary, entrepreneurship can also help lawyers. Today, almost every person of the country uses phone with the net connection. With the help of technology, an app can be developed, should be made compatible with all type of phones. Details of lawyers can also be linked through this app. People can talk to the lawyers directly on their phones, instead of waiting for hours in their offices. There are many unemployed lawyers on one corner of the country, and on the other side, poor people do not have access to legal aid. With use of such technology, bridge can be filled up. This will assist to achieve the dream envisaged in Article 39-A of the Constitution.
Legal entrepreneurship is not something that students studying in law colleges aim to do. Most of the law students want to enter into corporate field to get job in corporate firm or want to enter litigation. Legal entrepreneurship will prove to be the better career for them, at the same time they will help the society. It is high time that legal sector need to be improved, so that people access to justice can be made easy. Legal entrepreneurship can help solving the problems, to help achieve dream of Justice for All.
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* 2nd Year Law Student, GNLU & Student Member, E-Cell, GNLU Legal Incubation Centre.
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[1]. Entrepreneurship, available at https://en.wikipedia.org/wiki/Entrepreneurship accessed on 4 August, 2017.
[2]. Pt.Parmanand Katara v. Union of India, 1989 AIR 2039.
[3]. Issues of Importance available at http://sushant354.blogspot.in/2009/01/indian-kanoon-road-so-far-and-road.html accessed on 4 August, 2017.
[4]. Meet the Entrepreneur Who Is Making Law Simple, Affordable and Accessible for Indians Available at http://www.thebetterindia.com/68609/vakilsearch-law-hrishikesh-dattar/ accessed on 4 August 2017.
Image Source :- https://www.raconteur.net/legal-innovation
