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| Government Law College Thiruvananthapuram |
By
Manoj Krishna
As the
common saying goes there are two views about a painful toothache, one that of
the patient who suffers and another the perspective of the Doctor who treats.
This paper contains the laments of a teacher of Government Law College who
actually suffers the trauma of teaching in an institution amidst shortcomings
and deficiencies and it is written with the hope that the doctors who are out
there to treat the malady will take notice of it.
Inspite of a regular academic
exercises of seminars, discussions and workshops on education, higher education
sector in India has remained immune to radical changes in the operation of the
system. Legal education is no exception to this general rule. Most of the
seminars on legal education end up with suggestions regarding updating of the
syllabus, issues of policy and problems of funding. In this scenario it becomes
necessary to view legal education in a more realistic and pragmatic manner.
In a developing society law, legal
education and development have become interrelated concepts seeking to
ameleiorate the socio-economic conditions of the people by peaceful means. In
this perspective legal education cannot be cut off from other branches of
knowledge and any changes in legal education should be in tune with the goals
of the country.
The motto of the XIth
five year plan is "Towards faster and more inclusive Growth". The
objective of the plan is (1) sustainable growth (2) reduction of disparities
across region and communities. The plan identifies challenges to higher
education as
1. Lower access to higher education
2. Inter-regional and inter-group disparities
in access to higher education.
3. Inter-institutional variation in quality
and excellence
4. Need to enhance relevant education.
Challenges
This paper seeks to study the
challenges which have to be addressed in the expansion of legal education
sector, in tune with objective of inclusiveness with special reference to the
State of Kerala in general and Government law colleges in particular.
In Kerala the majority of law
colleges are either state owned or functioning directly under the university as
a department. The students enrolling in Government law colleges of Trivandrum,
Ernakulam, Trichur and Calicut are selected on the basis of a common entrance
examination. The other institutions also admit students on the basis of
entrance examinations conducted by them. Among the students who are admitted in
Government owned institutions there exist significant disparity in standards
and numbers among (1) rural and urban (2) inter-district (3) inter-caste (4)
inter-religious and (5) poor and non-poor.
Poor and non-poor; inter-castes
In the Government College almost
50% of seats are reserved for various reservation
communities including SC/ ST, OBC, OEC etc. The creamy layer among the OBC is
excluded from reservation. For remaining reserved category students, the annual
income is very low. Further, among the Forward community also the annual income
of the student’s family is comparatively low. This can be verified from
ascertaining the number of students coming from forward community availing fees
concessions under the Kumaraswamy Commission Report. Thus it can be seen that
more than 3/4th of the students of a Government law college come
from a poor background.
Majority of such students have
their primary and secondary education in local schools in the local vernacular
medium. Inability to communicate in English is an apparent drawback of such
students. This inability in turn has a very negative influence on the confidence
level of the student at the stage of performance. Thus it is commonly seen that
the affluent students who had their education from public schools easily excel
in internal assessments like the class seminar. In co-curricular activities
like moot courts, mock trials, debates etc. the 'poor students' are sidelined.
However the number of' poor students'
are high in student political activities and many cultural activities.
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| Government Law College Ernakulam |
Significantly low level of motivation
is another conspicuous feature of students of 'poor' category. Even during the
course of their study, many of them are on pursuit of a job. Even on obtaining
a class four job in the Government, the vast majority of such students will
give up their study and join the job. The lack of motivation in turn may be due
to the perception that the profession of law is not a lucrative one or the
belief that a stable job cannot be obtained on the strength of an LL.B degree.
There is wide disparity among
various sections of students with regard to the goals they are to achieve in
future. Most of the students in the 'poor' category are confused as to what
should be done on the completion of the LL.B course. Many of them enroll as
lawyers as they are unaware of any other option. Major chunk of them leave the profession
at some point of time unable to cope with the heavy competition and constraints
of income. Academically brilliant among the 'have not' category sometime join
the post-graduate course. Students coming from affluent families on the other
hand are more definite as to their goals and to the line of profession they
should follow on the completion of LL.B degree course. Many
among them opt for higher education in other branches
of knowledge like the Management courses with the motive of obtaining an entry
as junior level executive in some Corporate enterprise. A few very brilliant
with necessary support from their families join as officers in Corporate banks
and enterprises shortly after completing their degree. The more affluent among
them are even seen pursuing post graduate degree in England and America with or
without sponsorship. Students from the 'poor' category are rarely seen to be
aspiring for the white-collar jobs and foreign education.
Urban-rural
Disparities existing between the
students coming from urban and rural areas are also significant. Numerically
students belonging to rural areas are not much less than those of urban areas.
However, in the standards of education, communicative skills, confidence level
and ability to use modern informational techniques the urban students are
better placed than the rural. The urban students, even those coming from poor strata
are exposed to many modern changes in informational technologies and means of
communication. Further, constant inter-action with the affluent students which
is easy in less stratified urban society enable the urban poor to be more
ambitious and be aware of
educational and professional openings. However, students from the rural section
lacks this exposure to diverse opportunities available in the globalised world.
Majority of students from rural
area have their schooling in the local vernacular medium. For the rare among
them who had education in English medium the standards of such schools are very
poor when compared to those of the elite public schools in the urban areas. The
result is the conspicuous difference in communicative skills and comprehensive
ability in English between the urban and rural students. The urban students are
more motivated and ambitious than their rural counter-parts and are ready to
take risks and face challenges. They readily take an assignment outside the state
and are willing to work anywhere, provided the pay packet is thick and the job
glamorous. Majority of the rural students are comfortable at home town and is
apathetic towards displacements. They prefer a peaceful job or practice at a
place near their home and are quiet content with a mediocre profession or
sustainable job.
The response
The very wide disparities among
the various categories of students pose a great challenge to the teachers of
Government law colleges. Many of the techniques used by the teachers to solve
this problem has in effect resulted in the fall of standards of legal
education. Teachers dilute their lectures in content and language so that it is
accessible to majority of
students. Standards set for internal evaluation is also lowered so as to suit
the vast majority of students whose standards are academically mediocre or even
below average.
However, the teachers cannot be
solely blamed for the drawbacks which are inbuilt in the system of education
itself. The system of examination-oriented study and courses, constraints of
time, problems of disparity among students, pressure created by very high
student-teacher ratio etc. compel the teachers to adopt techniques which may be
cynically claimed to be lowering standards. It is submitted that on independent
and objective evaluation it can be seen that the teachers of Government law
colleges are doing a commendable job in spite of several inbuilt defects
existing in the system.
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| Government Law College Thrissur |
Under the existing system, a
teacher in Government law college is allotted an average of 3 subjects in three
different classes for a semester. Under the existing pattern, University can
conduct examinations after the completion of a minimum of 90 working days. In
reality even 90 working days are not made available to a teacher in a semester
as many of such working days will be ineffective due to conduct of several
extra-curricular activities varying from functions of union to class campaigns
of student organizations. A teacher is to conduct internal assessment of almost
250 students through internal tests, seminars and assignments within this short
period. Thus the pressure of teacher in finishing his subject is very high in the law colleges.
To add oil to the flames the
teachers are called upon at least four times a year for the conduct of centralized
valuation camps at the University which may extend to months. Over and above
this the duty of conducting and supervising the university examination of five
different semesters also fall upon the teacher. All these works are done during
the period of academic time. It is to be noted in this regard that the law
college teachers are the only category of teachers who attend centralized
valuation camps after engaging classes for a minimum of two hours during the
days of camp valuation. In this working atmosphere teachers of law colleges
under the governments are managing to fulfill their assigned functions under
much pressure. This strain on the teachers are one important cause for the fall
in standards of legal education along with other factors.
Inspite of the existing
constraints of time and inherent weakness of the system, the teachers have
developed their own unique methods to effectively cater to varying needs of
student from divergent categories. Even though there is no uniformity in such
methods adopted by different teachers some commonly used techniques are listed
below.
1. Students from 'poor category' are called upon
individually and their problems are discussed. The process is quiet informal.
In the course of such discussion care is
taken to instill confidence and to motivate them. In some cases when students
complain of any form of segregation steps are taken to prevent such unhealthy
trends.
2. At the
initiative of Parent Teachers Association, some financially very backward
students from each classes is given financial support including payment of
their fees.
3. Lectures by
experts on methods to improve mind power, techniques to improve confidence
level etc. are regularly organized.
4. Many of the teachers during course of their
lectures explain the scope of legal profession and avenues other than practice
which is available to a law graduate.
5. Teachers provide additional help to students coming
from 'poor' category in their internal assessment works like preparing for
seminar and assignments. The students are encouraged to use the library and
special guidance is given to them as to methods of finding out relevant
material. Some teachers are magnanimous enough to lend their own books to
students who are in much need of it.
In spite of all these efforts by
committed teachers the legal education in Government law college is in a
pathetic condition. There is no quality improvement for a student undergoing
LL.B course for 3 year or 5 year. In this
scenario certain steps are to be taken to revamp legal education.
Suggestions
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| Government Law College Kozhikode |
1. Quality
of students enrolling for LL.B course should be enhanced. Incumbents
should posses better
levels of communicative skills,
proficiency in English language and confidence. The entrance examination
process should be reconstructed so as to weed out students who are not equipped
with basic skills necessary for a professional of law. Along with the marks of
entrance examination, parameters like skills in group discussions, proficiency
in English and merit in qualifying tests all may be considered in the selection
process.
2. The
student-teacher ratio should be refixed on the basis of different pointers and
parameters that are being used at present.
Teacher student ratio is presently fixed on the basis of total number of
students in a college and the number of teaching staff of the college. It is
submitted that with the shift over from annual system to the semester and the
introduction of internal assessment system the work load of teachers have
increased manifold. It may be noted in this regard that while a University Department
catering from 20-25 LL.M students have not less than 5 permanent faculty, the
Government law colleges catering for almost 1000 LL.B students
and 30 LL.M students have only a
staff strength varying from 15-18 permanent staff.
3. A new
educational culture within the campus is the need of the hour. The teachers and
students should enjoy more academic freedom.
4. Student counselors may be appointed in law
colleges to counsel students having low level of confidence. Further, the
students can also be motivated with the help of such professionals. To improve
standards of English, English teachers can be appointed to do remedial teaching
to students coming from poor and rural backgrounds.
5. Even though politics inside the campus has
its own positive aspects, unregulated political activities are creating havoc
in the colleges. It is submitted that college elections conducted on the basis
of directions of Lyngdoh Committee is adequate enough to control political
activities. Unfortunately, the colleges are diluting this report for their own interest.
Regulation of political activities are essential for the creation of a new work
atmosphere in the colleges.
6. The greatest contribution a teacher can do to
a law student is to instill in him the ability to think like a lawyer. So a
teacher should try to train students to solve legal problems and thus acquaint
them with the art of professional advocacy.
(Manoj Krishna is
Assistant Professor in Law at Government Law College Thiruvananthapuram,
University of Kerala. He is a member, Faculty of Law, Calicut University;
Member, Post Graduate Board of Studies, Kerala University.)
