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EMPIRICAL STUDY

In document Clinical Legal Education (Page 162-185)

“QUESTIONNAIRE”

NAME : Kanchan Yadav OCCUPATION: Student

CLASS/YEAR/SEMESTER: IXth Semester

COLLEGE/OFFICE: Vivekanand Institute Of Professional Studies, Shivaji Marg (Affiliated to G.G.S.I.P University, New Delhi)

(a) What do you mean by clinical education/clinics? Generally speaking it means “learning through doing”.

In context of legal education it refers to any law school course or programme in which law students participate in doing what lawyers usually do in their profession

including representation of clients under the supervision of a law teacher.

(b) Do you think clinical legal education has any relevency/importance in legal field in present scenario?

Yes it has. For any student to become successful lawyer both theoretical and practical experience is must.. Our usual law subjects tell us about the theory part, practical experience is possible only through clinical education.

(c) Do you think clinical education should be made mandatory in law colleges?

Yes

(d) According to you how clinical education helps the

law students in academics and career ? It enriches the students with a good practical experience and gives them a good confidence. The confidence and knowledge received therefrom improves his performance academically as well as professionally (e) Do you think teachers have any role to play? They have a very important role in imparting clinical

knowledge. The teachers provide guidance to students and also help the student in drawing maximum benefits from the clinical experience.

(f) Do you have clinical education as a subject ?If not,

do you think it should be introduced ? No. We had a subject in our 2nd year in which we read about what clinical education is all about and how it is important in present context, but it was limited to theory only. No practical experience was provided with .

(g). Does the college publish any journal inviting articles from the students ?(Give details)

Only occasionally. it invites students to participate (Don’t know the name of the journal)

(h).What is the system in vogue for Practical Training of students ? (Give details )

The most common practice adopted by most colleges is to organize moot court competitions. However this is not enough.

(i).Is the college students/staff involve themselves in legal aid/lok adalats or other activities ?(Give details)

Yes. Recently when Patiala court had organized lok adalat, we attended that.

(j).What are the problems perceived in imparting practical training/ education ?

The main problem is that in India students can’t practice until they have actually completed the law.

This in a way hinders students’ growth in legal atmosphere.

(k) Any improvement you want to suggest in the prevailing system of clinical legal education ?

The subject should be made compulsory and students’

participation in it should not be optional. Further colleges should take this programme as little more seriously.

Name :- Sumeet kumar

College:- faculty of law(Campus law centre) (D.U) Semester:- I/2009

Occupation:-Student

(a) What do you mean by clinical education/clinics? Clinical education is about practical legal education, like moot courts and internships.

(b) Do you think clinical legal education has any relevency/importance in legal field in present scenario?

Since it's practical education, it is very relevant for a lawyer-in-training. It's practical knowledge plus theoretical knowledge that makes a good lawyer.

(c) Do you think clinical education should be made

mandatory in law colleges? Yes.

(d) According to you how clinical education helps the law students in academics and career ?

Refer to (b).

(e) Do you think teachers have any role to play? They have to be the enforcers and the guides.

(f) Do you have clinical education as a subject ?If not, do Yes, it's in the curriculum.

you think it should be introduced ?

(g). Does the college publish any journal inviting articles from the students ?(Give details)

No.

(h).What is the system in vogue for Practical Training of students ? (Give details )

Moot courts and legal aid give students the opportunity to experience first-hand how it would be like to be a lawyer.

(i).Is the college students/staff involve themselves in legal aid/lok adalats or other activities ?(Give details)

Yes. There's a legal aid society in the college devoted to this.

(j).What are the problems perceived in imparting practical

training/ education ? No idea.

(k) Any improvement you want to suggest in the prevailing system of clinical legal education ?

None.

NAME : kamran malik OCCUPATION: Advocate CLASS/YEAR/SEMESTER:

COLLEGE/OFFICE: Stelvad chamber’s, supreme court of India

(a) What do you mean by clinical education/clinics? It is the practical aspect of what you study in law books.it enables students to apply the knowledge in the practical law field. It includes moot courts,drafting, internships and even seminars.

(b) Do you think clinical legal education has any relevency/importance in legal field in present scenario?

Surely, it has got a lot of importance as it prepares the student to enter the practical field where they have to deal with complicated issues.

(c) Do you think clinical education should be made mandatory in law colleges?

Yes, it should be made compulsory.

(d) According to you how clinical education helps the

law students in academics and career ? No doubt, it helps a lot. It teaches the students how to dealwith the complicated issues they face in practical field. Moreover, participation in moot courts and mock trials etc.boosts their confidence and make them vocal whichvery important as an advocate.

(e) Do you think teachers have any role to play? Yes.they are the only ones who can show the students the right path to realize their dreams.

(f) Do you have clinical education as a subject ?If not, do you think it should be introduced ?

When I was in Jamia we did not have as a subject.

Even moot court participation was quite

unsatisfactory.very few students used to take part and that to very rarely. It should be made a compulsory subject so that students can have a clear idea of the practical field.

(g). Does the college publish any journal inviting articles from the students ?(Give details)

(h).What is the system in vogue for Practical Training

of students ? (Give details ) When I was a student of Jamia, not much importance was attached to clinical or practical training at college level. Once I started practicing I realized how difficult it is to handle the issues like clients without having any experience or idea about it.

(i).Is the college students/staff involve themselves in legal aid/lok adalats or other activities ?(Give details)

I am attatched to DLSA where I assist in providing legal aid to the poor section of society.

(j).What are the problems perceived in imparting practical training/ education ?

Poor Infrastructure and low participation of teachers and students,

(k) Any improvement you want to suggest in the

prevailing system of clinical legal education ? Nowadays I have seen and realized that not many students want to actually “practice” law. They either want to go for judiciary or corporate. No matter where they go lawyering skills are always needed. Clinical education must be made a compulsory subject and teachers should motivate students to come forward in

this regard. Students should be provided with broader opportunities to develop and sharpen their

skills.internshipunder a lawyer and participation in moot courts should also be made mandatory.

NAME : Imtiaz Ahmed OCCUPATION: Advocate CLASS/YEAR/SEMESTER:

COLLEGE/OFFICE: 011, Setelvad chamber’s, supreme court of India

(a) What do you mean by clinical education/clinics? It is what you learn by practically doing. It is the application of bookish knowledge into practical. It

introduces the students to the working of the actual

“law”in the practical field. It can be imparted through moot courts,drafting, internships and assisting lawyers etc.

(b) Do you think clinical legal education has any relevency/importance in legal field in present scenario?

It is very much relevant and important as it exposes the students to the complex issues and realities of the field.

It gears hem up to face new challenges. It sensitizes them toward the problems our country and society are facing.

(c) Do you think clinical education should be made mandatory in law colleges?

Yes, it should be made mandatory..

(d) According to you how clinical education helps the law students in academics and career ?

Nobody can deny its importance. No doubt, it helps a lot. It enables the students to apply their minds and teaches them to tackle diverse issues and problems.It teaches them professional skills and ethics to make a great career in this field.

(e) Do you think teachers have any role to play? Obviously. They are the guiding lights.they must encourage students to come forward.

(f) Do you have clinical education as a subject ?If not, do you think it should be introduced ?

I did my law from Aligargh Muslim University almost a decade ago. We did not have it as a subjectnor any moots were organized. Looking at the present situation and competition,it must be added as a subject in all law colleges.

(g). Does the college publish any journal inviting articles from the students ?(Give details)

(h).What is the system in vogue for Practical Training of students ? (Give details )

(i).Is the college students/staff involve themselves in legal aid/lok adalats or other activities ?(Give details)

I am attatched to DLSA where I assist in providing legal aid to the poor section of society and alternative dispute resolution centre of High Court Of Delhi and a number of NGOs also.

(j).What are the problems perceived in imparting practical training/ education ?

I think, teachers overlook the weaker students and they don’t come forward for participation in moots etc.

(k) Any improvement you want to suggest in the prevailing system of clinical legal education ?

Clinical education must be made a compulsory subject and teachers should motivate students to come forward.

Weaker students should be provided with opportunities to discover and develop their talent and skills amd diverse legal issues effecting the society should be taken up s moot problems.

NAME : Sajid Hussain Faraz OCCUPATION:student

CLASS/YEAR/SEMESTER:4th year B.A LLB (Hons) COLLEGE/OFFICE:Jamia Millia Islamia

(a) What do you mean by clinical education/clinics? Learning through doing (b) Do you think clinical legal education has any

relevency/importance in legal field in present scenario? Yes it has great importance in legal field,basically it such tool through which poor person can get justice,take the example of khatri v state of bihar is the classical example of the relevance of legal aid.

(c) Do you think clinical education should be made

mandatory in law colleges? Yes

(d) According to you how clinical education helps the law students in academics and career ?

It gives them the real ground reality about the awareness of legal knowledge.

(e) Do you think teachers have any role to play? Yes they have pivotal role to play in this sector they can motivate the student and organized legal camp in remote areas.

(f) Do you have clinical education as a subject ?If not, do you think it should be introduced ?

Yes

(g). Does the college publish any journal inviting

articles from the students ?(Give details) Can not say (h).What is the system in vogue for Practical Training

of students ? (Give details )

There is no specific training for student.it depend upon the student that how will they take this matter

(i).Is the college students/staff involve themselves in

legal aid/lok adalats or other activities ?(Give details) Yes student involve themselves but not the staff (j).What are the problems perceived in imparting

practical training/ education ?

Basically college not providing enough means to imparting practical knowledge

(k) Any improvement you want to suggest in the

prevailing system of clinical legal education ? Yes in my opinion this clinical legal education must be mandatory for not only law student but also to ther student of the university

NAME : Nabeela Wali OCCUPATION: Law student

CLASS/YEAR/SEMESTER: B.A LL.B (Hons.) VII Semester COLLEGE/OFFICE: F/o Law, Jamia Millia Islamia

(a) What do you mean by clinical education/clinics? Clinical legal education is a practical training provided to law students to enhance their skills as a lawyer.

(b) Do you think clinical legal education has any relevency/importance in legal field in present scenario?

Yes it does, as it is directed towards developing the perceptions, attitudes, skills and sense of

responsibilities, which the lawyers are, expected to assume when they complete their professional education.

(c) Do you think clinical education should be made

mandatory in law colleges? Yes

(d) According to you how clinical education helps the law students in academics and career ?

It aims towards developing skills and sense of responsibilities in a law student to understand and assimilate responsibilities as a member of public service in the administration of the law, in the reform of the law, in the equitable distribution of the legal services in the society, in the protection of individual rights and public interests and in upholding the basic elements of professionalism.

(e) Do you think teachers have any role to play? Yes (f) Do you have clinical education as a subject ?If not,

do you think it should be introduced ? Yes (g). Does the college publish any journal inviting

articles from the students ?(Give details)

Yes, the college magazine Legal Flash.

(h).What is the system in vogue for Practical Training of students ? (Give details )

(i).Is the college students/staff involve themselves in legal aid/lok adalats or other activities ?(Give details)

Yes, the legal aid clinic organized during the Talimi mela.

(j).What are the problems perceived in imparting practical training/ education ?

Lack of Practical training in form of court visits, and first hand experience in client counselling, etc.

(k) Any improvement you want to suggest in the prevailing system of clinical legal education ?

More of practical training should be given to students.

NAME : Nandini Ray OCCUPATION: Lecturer CLASS/YEAR/SEMESTER:

COLLEGE/OFFICE: F/o Law, Delhi University

(a) What do you mean by clinical education/clinics?

It is the practical training of students to

establish themselves as good lawyers.

(b) Do you think clinical legal education has any relevency/importance in legal field in present scenario?

Yes. It prepares the students to face challenges once they nter the practical field.

(c) Do you think clinical education should be made mandatory in law colleges?

Yes, it should be.

(d) According to you how clinical education helps the

law students in academics and career ? It boosts their confidence and develops professional skills in them.

(e) Do you think teachers have any role to play? Yes. They must guide and encourage the students to push themselves forward.

(f) Do you have clinical education as a subject ?If not, do you think it should be introduced ?

Yes. It should be introduced in every law college.

(g). Does the college publish any journal inviting articles from the students ?(Give details)

Yes.

(h).What is the system in vogue for Practical Training of students ? (Give details )

The most popular system is that of moot courts and internships in legal aid cells etc.

(i).Is the college students/staff involve themselves in

legal aid/lok adalats or other activities ?(Give details) Yes, the legal aid clinic organized on legal aid to create awareness.

(j).What are the problems perceived in imparting practical training/ education ?

The most challenging task is to sensitise the students towards the currents problems.

(k) Any improvement you want to suggest in the

prevailing system of clinical legal education ? Practical training should be made compulsory and moot courts should be organized on socially relevant issues.

ANALYSIS

The study covers respondents from all walks of legal profession like lawyers, students and teachers. It is remarkable to note that they all have a basic idea of the clinical legal

education.

Another interesting thing to note is that the lawyers who are practicing since a decade didn’t received any formal training etc. during their colleges. This situation indicates that practical training has become more important in today’s scenario as compared to past.

Moreover, all the students are of the view that colleges should be more responsible and give broad opportunities to the students to develop and sharpen their skills through moot courts and mock trials and internships.

All of them agree to the fact that practical training develops and enhances professional skills and prepare the students to face new challenges and finding their workable solutions.

It is appreciable to note what has Advocate Imtiaz Ahmed said that weaker students should also come forward and participate in different training programmes. Teachers and faculty have a crucial role to play in this regard.

Moreover, all of them agree that colloges and teachers play a very crucial role in dissemination of practical training thus, developing professional skills.

CONCLUSION

The Constitution of India in its Preamble and the Fundamental Principles of State Policy speaks about social justice as its key pillar. But due to vicious circle of poverty, even after so many years of independence these goals are yet to be achieved. High ideals of our liberation struggle as reflected in the Constitution will continue to remain mere promises if we fail to ensure that every individual citizen has access to justice and ~ccess to the law - just law, justly and equitably administered.

In the background of constitutional commitment and the societai needs, legal education must embrace a broad and comprehensive concept. Legal education, therefore, should be rendered with a view to create an environment and ability for reshaping the structure of the society for the purpose of achieving national goals.

The law and legal system are being called upon to advance arguments and develop tools to compel the state to abide by the social justice mandate of the Constitution and to promote the human rights of the under-privileged section of society. The responsibilities of legal education in a globalizing world make it necessary periodically. to revisit law school programmes, to allow for necessary reforms and improvements. Law schools must prepare them to meet these challenges by providing not only a sound substantive education, but also the necessary skills and experience. By adapting curriculum to alert students to the international contexts, offering clinics and externships, promoting student and emphasizing ethical foundations, today's legal education will fulfil its obligation to train lawyers to serve their clients and society.

In conclusion, it may be mentioned that legal educators in India have sought to balance the contributions of traditional pre-independence; British influenced legal education with those from more recent reforms developed locally or imported from other countries, particularly the United States. The infrastructure of legal education in India is large and diverse: students may study law at a university law faculty, where most law teachers teach full time and the orientation trends to be more academic, or at a university affiliated law college, where the orientation is more practical and most faculty teaches part- time.

Although most instruction are carried out in a traditional lecture format, clinical legal education has made some inroads in India, but not yet on a widespread scale.

India is now in the process of implementing new reforms in the structure of legal education whereby an optional under-graduate five year programme, with mandatory skills training in

India is now in the process of implementing new reforms in the structure of legal education whereby an optional under-graduate five year programme, with mandatory skills training in

In document Clinical Legal Education (Page 162-185)