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Clinical Legal Education in India

Abstract:

The Preamble of the Indian Constitution provides that justice – social, economic and political must be provided to the citizens. Part IV of the Indian Constitution provides fundamental rights to the citizens. Art. 8 of the Universal Declaration of Human Rights provides that ‘everyone has the right to an effective remedy by the competent National Tribunals for acts violating the fundamental rights granted him by the Constitution or by law.’ Art. 39A of the Indian Constitution guarantees remedies to address rights violations. However, access to these remedies is the major issue facing the Indian legal system today. Access to legal remedies is frustrated either due to lack of financial means, lack of good legal representation, lack of legal awareness etc. In order to provide this access, the Indian government passed the Legal Services Authorities Act, 1987 (Legal Services Act). This Act established legal service authorities at three different levels – National (hereinafter NALSA), State and District to help bridge the need for legal representation especially for those who cannot afford it.

Clinical legal education is a tool that aims at bringing the practical experiences of legal field to the classroom. It aims at achieving the balance of theoretical concepts with field inputs.

The growth of Legal Education in India didn’t happen suddenly, it took years of policy making and setting objectives which has made Clinical Legal Education a reality in India.

This paper aims at studying as to how the field of law through Clinical Legal education serves as a tool for community engagement and its betterment. The paper also aims to study how legal aid and education forces the lawyers to assume roles in adjudication and administration of various policies and related initiatives.

Speaker: 

Aastha Chahal, Third Year LLB, Maharashtra National Law University, Aurangabad
Aastha Chahal is a third-year law student of B.A.LLB. (Hons.) at Maharashtra National Law University Aurangabad (Maharashtra). She has been a part of organising committees of various conferences and seminars and has also headed a few. She has a keen interest in Environment Law and Human Rights. As a law student, she believes that learning and exploring the Legal education can be done better at the grass-root level, by learning the practical nuances of law.

Mahak Rathee, Advocate, Delhi 
Mahak Rathee is currently practicing as an advocate in Delhi. She is a fantastic blog writer and had worked with many websites in past. She has also started various social awareness campaigns and has conducted legal aid workshops in different parts of the country. She is awarded with GAJE Mexico and GAJE Indonesia Scholarship for her commendable work in field of legal aid and awareness. She has also been honoured by Tamana NGO among top 100 women of the country for her contribution to women empowerment.