*Laxmi Birajdar & Vishwas Kothari* * Jan 28, 2011* *PUNE *: The Union law ministry's move to create an independent regulatory body for higher legal education and research has evoked mixed reactions in the stakeholders in legal education and law profession in the city.
The ministry has readied a draft -Higher Legal Education and Research Bill, 2010 -which seeks to set up a multi-member National Commission for Higher Legal Education and Research ( NCHLER). This panel will regulate, specify norms and standards of academic quality for accreditation, and benchmark higher legal educational institutions. The bill seeks to provide for the regulation of higher legal education and research; grant of recognition to law schools, colleges and institutions and revamping legal education to meet the needs and challenges. While law teachers, students and independent legal experts have expressed their optimism over this development, the move has not gone down well with law professionals, who feel it will diminish the importance of the Bar Council of India (BCI). At present, the council regulates legal education and the profession. "Lawyers must be a critical part of any process for formulation of syllabus for legal studies. It would not be correct to exclude the BCI from continuing its right to formulate the syllabus," said Pune Bar Association (PBA) president Milind Pawar. University of Pune's former dean of law faculty Sureshchandra Bhosale said, "The HRD ministry's experience with the existing professional regulatory councils - like the medical council of India, council of architecture and the AICTE, among others - has not been particularly good, owing to the controversies. This triggered the move to separate education from the profession and have independent bodies." "The law ministry has sought feedback from various stakeholders on the draft bill and it is likely to be tabled in the Lok Sabha during the next session," said Bhosale. He is a member of the Bar Council of Maharashtra and Goa. "The proposed commission is an appropriate move as the existing professional councils have shown they cannot contribute much to education. It is okay when we talk of professional etiquettes, control and disciplinary actions, but professional councils like the BCI always seem to be in a state of confusion when it comes to education. This reflects in their knee-jerk reactions vis-a-vis legal studies," he said. Symbiosis Law School director Shashikala Gurpur said, "The proposed national commission will free the legal education system from the clutches of law practitioners, who need not have the necessary expertise in formulating the curriculum for law schools. Ideally, the BCI's job is to look after the practical aspects of law." According to lawyer and human rights activist Asim Sarode, the formulation of legal study syllabus is a highly scientific process that should be entrusted to a separate body, like the proposed commission. "It should lead to creation of highly specialised courses. The current legal curriculum does not necessarily address legal issues related to the practical problems of today," he said. Vice-principal of ILS Law College Jaya Sagade said, "Much would depend on who is taken on board the proposed commission. The move would be positive if the proposed body includes academics, who teach at law schools, so that certain vital aspects missing from the current legal curriculum can be addressed." "The syllabus, so far, has been partly missing certain contemporary elements of legal education. For instance, health laws - especially those relating to mental health, human rights issues, the corporate law - are areas which need updating," she added. Aishwarya Phadke, a third-year law student from DES Law College, said, "The proposed commission may provide more subjects as options in all semesters. We need these modules in the main course." Namrata Singh, another third-year student from ILS Law college, said, "Exercises and projects related to group activities and practical knowledge are largely missing from the present syllabus. Large portions of current syllabus for the five-year course, especially for the first two years, do not offer law-related subjects in a full-fledged manner. This lacuna needs to be tackled." -- You received this message because you are subscribed to the Google Groups "Mental Health Advocacy (News 'N Views) India" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/MhaNewsViewsIndia?hl=en ------------- Affiliated Groups : MENTAL HEALTH ADVOCACY INDIA [email protected] Discussions on mental health law / policy / plan monitoring / human rights etc [email protected] India-specific news and views related to mental health [email protected] Information and support to carers of people with mental health issues [email protected] Mutual support and sharing of experiential knowledge, skills and social learning amongst peers
