Teaching and learning rural governance in law schools: an account of an experiment with clinical legal education

ABSTRACT

Clinical legal education (CLE) strives to develop competent and socially relevant legal professionals who can render legal services to the masses. Clinics are largely known to focus on the needs of individual clients as opposed to imparting community legal education. However, a growing body of literature suggests that clinics must focus more on social justice lawyering. This article aims at contributing to this emerging body of work. The Rural Governance, Justice, and Citizen Participation clinic elective course (course) has been taught at the O.P. Jindal Global University by the lead author of this article since 2010. The co-author of this article was a student in the inaugural batch of the course. The course aims at familiarising students with the growing “disconnect” between the promise and reality of law. The authors recommend that the guarantee of “equal access to justice” can be achieved as follows: (i) law schools must offer clinical courses focused on rural communities; (ii) the Bar Council of India must introduce clinical courses that focus on the legal needs of rural communities; and (iii) law schools must adopt a “good practices” framework for teaching community-centric clinical courses to empower rural communities.

KEYWORDS:

• Rural governance
• CLE
• community lawyering
• citizen participation

Acknowledgements

We would like to thank Apoorv Saraff, Samyak Mordia, Shubham Gupta and Vani Singhal for their assistance.

Disclosure statement

No potential conflict of interest was reported by the authors.

Notes

¹ MK Gandhi, Towards New Education (Bharatan Kumarappa ed, Navjivan Publishing House 1931) 94–95.

² Ajay Pandey, “Social Justice, the Raison d’Etre of Clinical Legal Education” (2020) 11 JGLR 201.

³ NR Madhava Menon, Clinical Legal Education (Eastern Book Company 2006) 22–23.

⁴ Pandey (n 2).

⁵ Ajay Pandey, “Social Justice, the Raison d’Etre of Clinical Legal Education” (2020) 11 JGLR 201; NR Madhava Menon, Clinical Legal Education (Eastern Book Company 2006) 22–23.

⁶ ibid.

⁷ Anna E Carpenter, “The Project Model of Clinical Education: Eight Principles to Maximize Student Learning and Social Justice Impact” (2013) 20 Clinical L Rev 39, 94.

⁸ Sital Kalantry, “Promoting Clinical Legal Education and Democracy in India” (2015) 8 NUJS L Rev 1.

⁹ Menon (n 3).

¹⁰ ibid 22.

¹¹ Carrie Menkel-Meadow, “The Legacy of Clinical Education: Theories about Lawyering” (1980) 29 Clev St L Rev 555, 565–67.

¹² Elliott S Milstein, “Clinical Legal Education in the United States: In-House Clinics, Externships, and Simulations” (2001)51 J Leg Educ 375, 376.

¹³ Menon (n 3) 25–26.

¹⁴ ibid.

¹⁵ See, for example, Neil W Hamilton, “Assessing Professionalism: Measuring Progress in the Formation of an Ethical Professional Identity” (2008) 5 USt Thomas J L 470, 483.

¹⁶ Ravindra Kumar Singh, “Clinical Legal Education – A Robust Instrument for Attainment of Justice: An Indian Perspective” (2022) 9 Asian J Leg Educ 7, 11.

¹⁷ ibid.

¹⁸ Frank S Bloch and MRK Prasad, “Institutionalizing a Social Justice Mission for Clinical Legal Education: Cross-National Currents from India and the United States” (2006) 13 Clinical L Rev 165, 176.

¹⁹ Rhea Roy Mammen, “Comparing Experiential Legal Education in Canada and India” (2021) 8 Asian J Leg Edu 34, 48.

²⁰ Shuvro Prosun Sarker, “Empowering the Underprivileged: The Social Justice Mission for Clinical Legal Education in India” (2015) 19 Int J Clin Leg 321, 339.

²¹ Margaret Martin Barry and others, “Teaching Social Justice Lawyering: Systematically Including Community Legal Education in Law School Clinics” (2012) 18 Clinical L Rev 401.

²² Ajay Pandey, “Course Manual, Rural Governance, Justice, and Citizen Participation Clinic Elective Course” 10 (O.P. Jindal Global University, 1 August 2023) <https://jguedu-my.sharepoint.com/:w:/g/personal/smoti_jgu_edu_in/EWqQFyBiD8dLm-MlBAw3-C4B5OVI_0cqM60sVVMiuwEElA?e=Xys9pb> accessed 19 November 2023.

²³ ibid 36–39.

²⁴ Ajay Pandey and Sheena Shukkur, “Legal Literacy Projects: Clinical Experience of Empowering the Poor in India” in Frank S Bloch (ed), The Global Clinical Movement: Educating Lawyers for Social Justice (Oxford University Press 2011) 249.

²⁵ List of elective courses released by the Dean’s office every year. See, for example, “Pre-decided Elective Courses” (Jindal Global Law School, O.P. Jindal Global University) <https://jguedu-my.sharepoint.com/personal/smoti_jgu_edu_in/_layouts/15/guestaccess.aspx?share=EiZ2usLjRSVOjJx1twcF35YB6aOsa-ANWAMze3NchMWIqAande=fmVOaB> accessed 19 November 2023.

²⁶ Over the years, students involved in the course have changed their career choices from corporate law to public service, academia, civil society and litigation, due to the exposure and orientation they have received because of their involvement in the clinic. Responses to the questionnaire in Appendix C to this article; Sital Kalantry and others, “Promoting Clinical Legal Education in India: A Case Study of the Citizenship Participation Clinic” (Cornell International Human Rights Clinic and Jindal Global Law School 2012) <https://www.skalantry.com/_files/ugd/7a3922_54d536ce2fe04d59b6db36b4f7fdc7d0.pdf?index=true> accessed 19 November 2023.

²⁷ Marc Galanter and Jayanth K Krishnan, “‘Bread for the Poor’: Access to Justice and the Rights of the Needy in India” (2004) 55 Hastings LJ 789, 789–90; Jayanth K Krishnan and others, “Grappling at the Grassroots: Access to Justice in India’s Lower Tier” (2014) 27 Harv Hum Rts J 151.

²⁸ ibid.

²⁹ Kalantry (n 8).

³⁰ Pandey and Shukkur (n 24) 250.

³¹ See, for example, Peter Marguiles, “Reframing Empathy in Clinical Legal Education” (1999) 5 Clinical L Rev 605.

³² Pandey (n 22) 18–19.

³³ ibid.

³⁴ ibid.

³⁵ Also referred to as the Law School-NGO model.

³⁶ Ajay Pandey, “Experimenting with Clinical Legal Education to Address the Disconnect Between the Larger Promise of Law and Its Grassroots Reality in India” (2011) 26 Md J Int’l L 135, 140–41; Ajay Pandey and Sheena Shukkur, “Legal Literacy Projects: Clinical Experience of Empowering the Poor in India” in Frank S Bloch (ed), The Global Clinical Movement: Educating Lawyers for Social Justice (Oxford University Press 2011) 245.

³⁷ ibid.

³⁸ Ajay Pandey, “Experimenting with Clinical Legal Education to Address the Disconnect Between the Larger Promise of Law and Its Grassroots Reality in India” (2011) 26 Md J Int’l L 135, 146–49.

³⁹ See, for example, Ajay Pandey and Sheena Shukkur, “Legal Literacy Projects: Clinical Experience of Empowering the Poor in India” in Frank S Bloch (ed), The Global Clinical Movement: Educating Lawyers for Social Justice (Oxford University Press 2011) 246; Stephen Wizner, “The Law School Clinic: Legal Education in the Interests of Justice” (2002) 70 Fordham L Rev 1929, 1930; Frank S Bloch, “Access to Justice and the Global Clinical Movement” (2008) 28 Wash U J L and Pol’y 111; Jerome Frank, “Why Not a Clinical Lawyer-School?” (1933) 81 U Pa L Rev 907.

⁴⁰ Pandey (n 22) 15–18.

⁴¹ ibid 14–18.

⁴² See, for example, Pandey (n 22) 18–20; refer to Appendix A to this article.

⁴³ Pandey (n 22) 15–18; refer to Appendix A to this article.

⁴⁴ Responses to the questionnaire in Appendix C to this article.

⁴⁵ ibid.

⁴⁶ Pandey (n 22) 5–6.

⁴⁷ These are the reflections of Professor Ajay Pandey on the purpose of student evaluations for the course.

⁴⁸ This has been the experience of several students who have undertaken the course. See generally responses to the questionnaire in Appendix C to this article.

⁴⁹ Responses to the questionnaire in Appendix C to this article.

⁵⁰ ibid.

⁵¹ ibid.

⁵² Right to Information Act, 2005, s 7; responses to the questionnaire in Appendix C to this article.

⁵³ Responses to the questionnaire in Appendix C to this article.

⁵⁴ ibid.

⁵⁵ ibid.

⁵⁶ Constitution of India, 1950, Articles 21, 21A and 45; Right of Children to Free and Compulsory Education Act, 2009.

⁵⁷ Constitution of India, 1950, Article 51A.

⁵⁸ Responses to the questionnaire in Appendix C to this article.

⁵⁹ ibid.

⁶⁰ ibid.

⁶¹ ibid.

⁶² Right of Children to Free and Compulsory Education Act, 2009, s 15.

⁶³ ibid.

⁶⁴ Responses to the questionnaire in Appendix C to this article.

⁶⁵ ibid.

⁶⁶ Pandey and Shukkur (n 24) 247.

⁶⁷ Mid Day Meal Rules, 2015, rr 3–4; Pandey (n 38) 151.

⁶⁸ Pandey and Shukkur (n 24) 247.

⁶⁹ ibid.

⁷⁰ Women and Child Development Department, “Integrated Child Development Scheme” (State Government of Haryana, 1 September 2023 at 10:00 AM) <https://wcdhry.gov.in/schemes-for-children/icds/>accessed 20 November 2023; Pandey and Shukkur (n 24) 248.

⁷¹ ibid.

⁷² Responses to the questionnaire in Appendix C to this article.

⁷³ “Pradhan Mantri Poshan Shakti Nirman Guidelines” (Department of School Education and Literacy, Ministry of Education, Government of India 2015) Guidelines 6.5–6.10 <https://pmposhan.education.gov.in/Files/Guidelines/2023/Guidelines%20on%20PM%20POSHAN%20SCHEME.pdf> accessed 19 November 2023.

⁷⁴ Pandey and Shukkur (n 24) 248; responses to the questionnaire in Appendix C to this article.

⁷⁵ ibid.

⁷⁶ Ravneet Kaur and Suneela Garg, “Addressing Domestic Violence Against Women: An Unfinished Agenda” (2008) 33 Indian J Community Med 73.

⁷⁷ World Health Organization, “WHO Multi- Country Study on Women’s Health and Domestic Violence Against Women: Summary Report” 5 <https://iris.who.int/bitstream/handle/10665/43310/9241593512_eng.pdf?sequence=1> accessed 4 April 2024. Ministry of Health and Family Welfare, National Family Health Survey - V, 2019 - 2021, 6 <https://rchiips.org/nfhs/NFHS-5_FCTS/India.pdf> accessed 4 April, 2024. India’s National Family Health Survey - V carried out during 2019-2021, revealed that a substantial portion of married women have physically or sexually been abused by their husbands at some point in their lives.

⁷⁸ Responses to the questionnaire in Appendix C to this article.

⁷⁹ One woman in the group of women was of the view that her husband is a good man, because unlike other men in the village, he tells her the day and date of the week on which he is going to beat her up.

⁸⁰ Responses to questionnaire in Appendix C to this article.

⁸¹ Frank S Bloch and Iqbal S Ishar, “Legal Aid, Public Service and Clinical Legal Education: Future Directions from India and the United States” (1990) 12 Mich J Int’l L 92, 113; Ajay Pandey, “Social Justice, the Raison d’Etre of Clinical Legal Education” (2020) 11 JGLR 201; Frank S Bloch and MRK Prasad, “Institutionalizing a Social Justice Mission for Clinical Legal Education: Cross-National Currents from India and the United States” (2006) 13 Clinical L Rev 165, 198; Sital Kalantry, “Promoting Clinical Legal Education and Democracy in India” (2015) 8 NUJS L Rev 1, 5–6.

⁸² ibid.

⁸³ Mammen (n 19).

⁸⁴ Kalantry (n 8) 5–6.

⁸⁵ Law Commission of India, “184th Report on the Legal Education and Professional Training and Proposals for Amendments to the Advocates Act, 1961 and the University Grants Commission Act, 1956” (Law Commission of India 2002) 132 <https://cdnbbsr.s3waas.gov.in/s3ca0daec69b5adc880fb464895726dbdf/uploads/2022/08/2022081076.pdf> accessed 19 November 2023.

⁸⁶ Kalantry (n 8) 6.

⁸⁷ Frank S Bloch and Iqbal S Ishar, “Legal Aid, Public Service and Clinical Legal Education: Future Directions from India and the United States” (1990) 12 Mich J Int’l L 92, 119.

⁸⁸ Advocates Act, 1961, ss 29 and 33. The Advocates Act strictly forbids students from representing clients and BCI rules prohibit full-time faculty from practice as well, even pro bono litigation. Only enrolled advocates are entitled to practise law.

⁸⁹ Ajay Pandey, “Reforming Clinical Legal Education through Collective Action by the Stakeholders at the Jindal Global Law School” (working draft).

⁹⁰ ibid.

⁹¹ ibid. Unlike in the United States of America, there is absence of private funding for clinical legal education in India.

⁹² See, for example, United Nations Development Programme India, “Access to Justice for Marginalized People: A Study of Law School Based Legal Service Clinics” (UNDP 2011) <https://www.undp.org/india/publications/study-law-school-based-legal-services-clinics> accessed 19 November 2023.

⁹³ ibid.

⁹⁴ Stephen Wizner, “The Law School Clinic: Legal Education in the Interests of Justice” (2002) 70 Fordham L Rev 1929, 1935.

⁹⁵ ibid.

⁹⁶ Pandey and Shukkur (n 24) 250.

⁹⁷ ibid.

⁹⁸ Upendra Baxi has expressed his remorse at not being able to do anything for the rural communities in his stellar career as a globally acclaimed legal academic (The First Rural Governance, Justice, and Citizen Participation Conference organised jointly by O.P. Jindal Global University and Institute of Rural Research and Development (SM Sehgal Foundation) at New Delhi, 1 March 2012).

⁹⁹ ibid.

¹⁰⁰ ibid.

¹⁰¹ ibid.