integrating legal aid in core law subjects (learning from indian experience) by: niteesh kumar...
TRANSCRIPT
Integrating Legal Aid in Core Law Subjects (learning from Indian Experience)
BY: NITEESH KUMAR UPADHYAY
ASSISTANT PROFESSOR OF LAW
NIRMA UNIVERSITY , GUJARAT INDIA
FOUNDER
www.knowledgesteez.com
Introduction
The study of law involves various spheres one of which is ‘legal aid and awareness’. The proposal hereby made advocates the inclusion of Legal Aid in the mainstream of legal education curriculum.
How were the students benefitted
Students learnt to work in groups.
Each group had a group leader (rotation policy help in developing leadership qualities also)
Understanding the problems & ground reality.
Communicating with different kinds of people.
Keeping oneself updated with various national and international laws.
Some students may also go to the extent of convincing people to procure legal remedies as required.
Numerous RTIs/PIL were also filed by different students.
Continued
Students are able to integrate theory doctrine and practice.
Students are able to develop ethical,social and professional understanding .
Students acquire sense of commitment for social reformation.
Improved critical thinking and logical reasoning skills.
How to integrate Legal Aid with core Law subjects
Personal Experience: I made 200 students of Public Interest Lawyering subject conduct a gender sensitization workshop. The students were divided into 32 groups and each group conducted several workshops on the same. These workshops where conducted at various schools (both government and private schools), slums, rural areas, workplaces, small markets etc. The workshop generally lasted for 1-2 hours where the people were made aware of gender specific laws prevailing in the country. The workshop comprised of lectures, short plays and discussions. Total 64+ programs conducted within six months
Steps followed
Step 1= Discussing theme with students
Step 2= Review of documents to be presented by students (Including PPT, vedio and script)
Step 3= Suggestive comments
Step 4= Issue of No objection certificate to the students to conduct such workshops.
Step 5= Students visit to schools and other places to fix date for workshop. No attendance relaxation, no TA DA etc ).
Step 6= Subject co-ordinator to help students if they are not able to identify places to conduct workshop.
Step 7= Subject Coordinator should keep a record of time, date and place of such workshop.
Continued
Step 8=Relaxation of attendance on the day of workshop and surprise visit at the place of workshop by the coordinator.
Step 9 = Submission of all document’s photos/vedios by students to the subject coordinator.
Step 10= Preparation of file containing all relevant documents and learning outcome of the students.
Step 11 = feedback by both students and teachers ( feedback form to be prepared in advance)
Step 12 = Taking steps to solve any problem indentified (with the help of RTI /PIL, ADR and Legal Aid).
Other Subjects identified
Name of the Subject Kinds of Legal Aid and awareness activity possible
Law and Social Change/Law and Society /Law of Social Transformation
Action Research of any social problem, awareness program about any new law etc
Cyber Law/Cyber Security/Cyber crime Awareness program regarding misuse of social networking /other cyber crimes to school and college students. training of employees and employer about cyber law and cyber security tools.
Alternate dispute resolution /Meditation Adoption of any village and helping it to be litigation free (Legal Aid Clinic can plan to free villages from litigation through mediation. After making survey, villages can be identified near. The project requires meetings with Sarpanchs of villages and Taluka authorities. The members of the Legal Aid Clinic can visit the site after identification of pending cases and meet litigants before moving their settlement through mediators (alumni and teachers).
Continued Consumer Protection Act Awareness Program on consumer
rights and legal help to solve consumer disputes, drafting support before filing any consumer complain.
Legal Research/Legal Research Methodology /Legal Methods
Constitutional Law Legal Aid (drafting of PIL, writs, awareness program regarding fundamental rights, fundamental duties)
Criminal law /IPC litigation free village , legal aid camps , legal awareness programs
Human rights/women rights /child rights/Human Trafficking
Awareness about women rights . Human rights , Gender Justice , Child rights, Child Sexual abuse , child trafficking , Human Trafficking etc. Awareness at places which have maximum cases of violation. By preparing know your rights series
Continued
Family Law Awareness program on domestic violence, right to maintenance , dowry protection, etc. Dispute resolution in villages through mediation and conciliation.
Corporate Law Helping medium scale industry to frame CSR policy. Helping small scale industry with legal problems they are facing.
Environmental Laws Filing PIL , help in drafting PIL, RTI , awareness programs regarding environmental laws.
Property Law ADR Mechanism
Banking and Negotiable instrument laws/insurance laws
ADR mechanism to solve dispute. Awareness about cheque bouncing
Continued
Labour and Industrial Law Awareness of labour about equal renumeration, sexual harassment at workplace , health practices to be followed , safety rules etc. preparing know your rights series.
Right to information /Problem of access , governance, public participation
Use of RTI
IPR /Copyright Awareness to students and employees about misuse and violation of IPR and copyright in day to day life.
Hurdles in implementing the suggestions
Proper planning of time , place and academic schedule Infrastructure problem Proper monitoring and screening of every student Managing students (especially in large number ) Proper documentation Evaluating, creating rubric of marks Institutional requirements and compulsory exam
scheme.
Requirements for proper working of this model
Flexibility to design course curriculum, exam scheme, evaluation pattern etc
Creating unbiased and objective rubric system of evaluation
Proper planning and well in advance
More number of faculty and co-faculty for subjects
Training of faculty to design and conduct such programs
Better para-legal training
