Ripon Bhattacharjee, Author at Adamas University

COVID-19 Overhauls Legal Education Breaching its Long-Fortified Walls!

Coronavirus pandemic or COVID-19 is the era’s most transformational event that has left unpredictable impact globally. While numerous sectors are undergoing drastic changes, legal education is no exception. Law schools, students, professors and the entire process have been impacted both ways.

The broader concept of legal education involves national and international laws, comprehensive research, intellectual learning, administration skills in diverse fields, etc. As we consider the positive effect of COVID-19 on legal education, it has compelled the Indian academia to go through some serious reckoning and re-imagination now. With people restricted to their homes, e-learning emerges as the best resort to continue law education.

BCI’s Directive to All Law Education Institutes

In this country, legal education is regulated by the Bar Council of India or BCI. During complete nationwide lockdown in April 2020, it appealed to all law schools for resuming their classes but online. They have been asked to cover their syllabuses as much as feasible practically. Once the lockdown is withdrawn, the Bar Council of India has proposed institutions to conduct extra classes, clinical education and allied activities for comprehensive learning. They have also asked for detailed reports highlighting the actions taken according to their directive.

The BCI General Council considered legal education and its student’s overall interest when taking this decision in due consultation with the organisation’s Legal Education Committee. The apex body has also appreciated the commencement of online classes by National Law Universities and various Centres for Legal Education.

In early June, BCI released promotion guidelines of law students to the succeeding year. However, those in their final year were permitted to appear in online examinations or avail alternate methods as the concerned University deems appropriate.

Nevertheless, what was long an illusionary concept got implemented in breath-taking speed during an unanticipated occurrence like COVID-19. It has incited to reconsider the conventional mode of education and adopt innovative approaches, bringing digital learning to the centre-stage.

Need to Create Lucrative Opportunities within India

Another positive impact of coronavirus on legal education is that it compelled us to rethink more about our home country now. Till a few months back, most students preferred either a world-class legal degree from an international law institute or made it big with law firms outside India. Certainly, Indian lawyers’ accomplishments on global platforms are a matter of pride, but now is the time to consider their contributions in the domestic legal system’s development.

Indian law schools not only need to create lucrative opportunities but also provide pioneering contemporary education to future legal professionals. They can attain global standards by:

introducing more of digital learning
leveraging technology benefits
creating a top-notch curriculum
providing more of e-resources
adding niche specializations and emerging courses

After all, COVID-19 is driving law into the digital arena, reshaping its long-drawn landscape.

Addressing the Shifting Trends – Reorienting Ourselves

If we look back, law schools have always maintained rigidity regarding innovation and technology within the classroom. However, the trends of legal education are already shifting ever since the pandemic scourged. Today, it is every law education institution’s responsibility to not just emphasise on e-learning but also take the entire experience online. Schools can run students’ societies, various events and competitions, debating clubs and even skill imparting activities which are significant to legal education, online.

Virtually teaching all that we think physically is largely possible. What matter here are robust e-learning approaches and mode of technology. Law schools adapting to and implementing these at a quicker speed can emerge as game changers and successfully provide out-of-the-box experiences. Amidst these, some schools have already taken proactive steps to make the e-learning experience smooth and hassle-free.

On the practical front, note that

The Supreme Court of India is hearing some of its vital cases through the virtual medium.
A few High Courts are also undergoing experiments to introduce technology for more accessibility of litigants to the judicial system.

As a positive, the coronavirus pandemic, hence, prompted India’s legal system for increased usage of technology. This can be further intensified if the following are implemented:

Every court is equipped with the appropriate technology to facilitate the legal processing.
More investment is allocated for technology up gradation to clear the pending cases faster.
The entire legal system undergoes an overhaul, and the Indian Criminal and Civil Procedure Acts get major changes. The purpose is to empower the legal fraternity and judiciary with the knowledge of using technology and virtual medium.
The litigant, without being physically present, actively participates in the court proceedings, views everything via virtual media and gets notified about daily ruling, date of hearing, etc.
Introduction of technology calls for robust cyber security systems, preventing cyber threats.

Needlessly to say, adopting the shifting trends shall not only sail legal education through the coronavirus situation but also pave for a brighter future.

Increased Scope for Legal Professionals Today

The society has already experienced exponential growth since the 21^st century beginning. It has opened immense opportunities, thus, amplifying the demand for legal professionals manifold. They play a crucial role in filling the exposed gaps in technology, economy, politics, trade, society and other fields. In addition, emerging branches such as cyber law, environmental law, intellectual property law, health care law, family law, sports law, etc. have developed global law practice in capability and number.

In addition, India has undergone comprehensive and rapid change in the practice of law over the previous 2 decades. Besides academic knowledge, globalisation and technological advancements today largely impact a lawyer’s success. They need to be prompt, specialised, tech-savvy and geographically diverse. To survive in a highly demanding and dynamic environment, several law colleges in India have introduced a host of skill development measures, including mediation, client counselling, client handling and conciliation courses.

Therefore, it’s high time that the education world taps into this scope through modified and strategic approaches.

Adamas University (AU) in Kolkata Accomplished the 1^st Milestone!

In the context above, Adamas University’s endeavours and accomplishments are worth mentioning. The institution recently released a special manual report digitally on how AU combatted COVID-19. The report details how they have taken the prompt decision of suspending classes prioritising students’ safety in early March 2020. It also highlights their approach of changing learning, teaching and assessment rapidly during COVID-19. Adamas University is one of the prominent institutes, which remains uncompromised with the present situation. The authorities have created an Academic Plan abiding by all guidelines and protocols.

3500 students and 250 faculty members have positively responded to e-learning.
The University has provided several webinars, e-journals or e-books to students.
AU has also introduced digital internships and online training programmes for placed learners.
The most noteworthy is their ‘Each One Reach One’ approach, where technology usage will be rampant.

Today, legal education stands on a highly transitional phase where law institutions can either embrace the change or tenaciously cling to traditional practices which are soon-to-be unfit for the evolving Indian market. With the appropriate choice made, law schools can unleash a world of opportunities for lawyers of the post-coronavirus era.

LAW: A LUCRATIVE CAREER OPTION

“Don’t join an easy crowed; you won’t grow.

Go where the expectations and the demands to perform are high” – Jim Rohn

Introduction

Law has long been one of the most prevalent career choices in India, especially for families who have been Lawyers for generations. However, one can say that this line is shifting and this because studying law is now providing a wide range of career options. Any person can build his career as a lawyer or other legal professionals if he/she holds greater passion towards law. From lawyers, Judges, and mediators to paralegals, secretaries, and consultants, the legal professional’s role is expanding and evolving to keep pace with ever-changing legal system.

The start of 21st century saw the growth of many private schools in India. This paved a better way for students in building their career and greater liberty for educators to design legal education to adapt to an ever-changing milieu[1]. The Indian law profession has experienced a number of strategic and significant fluctuations over the past decades. Nowadays, the legal aspirants not only get an opportunity to evaluate themselves in the court halls, but also in various corporations, Educational sectors, law firms, administrative services and many other fields.

Also, there is always something about law that makes it a truly compelling profession – the idea of suiting up black robes with white bands to the courtroom, or being the one to protect the rights of humans. Those who are in the legal professions, proving to be equally important like engineers and doctors and they have started gaining not only more money but more respect too[2]. With economies, politics, trades and societies grow globally and as fast as they do currently – the role of legal professionals is also known to be expanding further.

Legal Education

It is known to be an all-purpose education offered to a person beforehand their begin lawyer practice. As a lawyer has a huge obligation in shaping and developing a society, legal education has started to play a chief role in making good lawyers or legal professionals. This teaches the people about values, beliefs, morals, ethics, histories and philosophies. A person needs to know the society he wants to start practicing. He must gain full understanding of the constitution and culture of course.

A good ethical lawman is essential to the future of society as he employs moral, legal and cultural values. People from all over the nation seek lawyers for attaining their rights and justice. The corrupt lawyer in that scenario was the last person anyone would want in the society. Therefore, lawyers with good knowledge and principles are essential to the development of the country. An advocate of perseverance becomes a great advocate.

Furthermore, self-learning plays an important role in the career of a lawyer. Good communication skills come in line with customer reliance. He/she must be able to prove and reassure the client about the case with poise and communication skills. Altogether, it completes legal education.

Diverse career Options

Lawyers are highly respected in the society. Also, there is a belief that, even if the whole thing fails, we can follow the path of the legal system. We may see situations in our daily lives that require legal advice in one way or another. We require the advice of a legal expert to properly analyze and interpret the law in such situations.

First, people changed the law into civil law and criminal law. Now, this has changed and there is a huge increase in the specialties offered by Law Schools and Universities, such as corporate law, IPR, international economic trade law, business law etc., The law degree is not only allows you to work as a lawyer in the courts or in the MNCs, but also offers career options in areas such as corporate management, the armed forces, educational institutions and many more. The diverse career opportunities offered by a law degree stands no par with other professional degrees. Law graduates in the courts, legal services, Armed Forces, academics, Public Service Commission , Non Governmental Organizations, Legal Journalists, Legal Editors, Legal Advisers to multinational corporations, banks, LPOs and KPOs have many opportunities.

There are various specialization areas in this field to choose:

I. Criminal Law
II. Civil Law
III. Taxation Law
IV. Corporate Law
V. International Law
VI. Labor Law
VII. Constitutional Law
VIII. Patent Law etc.
IX. Family Law
X. Administration Law
XI. Energy and Environmental Law
XII. Arbitration etc.

What are the MERITS of being a Legal Professional ?

a) Chance to break barriers for people and bring justice
b) Law regulates business of life.
c) It is a fulfilling job where one can earn money and respect as well.
d) Safe job mainly if one is employed as a corporate lawyer
e) Intellectual Test- Law is an intellectually stimulating profession. He/she is required to perform widespread study for each case to discover all the probable info because a small detail has the ability to change the case direction.
f) Extensive Career Options.

Choosing the Promising and Satisfactory Course

Students who wish to pursue a career in law can take a three-year law course from any top schools of law once completing BA LL.B (integrated law-5 years with any discipline). Many colleges and law schools have now started BBA LL.B along with BSC LL.B. The Bar Council of India (BCI) regulates the LLB syllabus at par with the University Grants Commission (UGC) and for higher studies like PhD in Law.

A candidate may begin preparations for the entrance examination in 10th or 12th grade. Those who wish to pursue law from the renowned Law Schools must attend the Combined Law Admission Test (CLAT) that examines their English, Logical Reasoning, Legal Aptitude, Overall Awareness and Mathematical skills.

Conclusion

Law is a profession that needs a lot of endurance and logical skills. To become a successful legal professional, it requires a lot of hard work and dedication. First-generation lawyers would face as many problems in their careers as they do in every other jobs. It will be easier if you train under a senior lawyer early in his career. This does not mean that newcomers cannot make it their own. But it requires greater will. Excessive communication skills and critical analysis is required for being a best lawyer. So, these factors must be analyzed before choosing a career in law. Like they say, there is always a bigger fish in the sea. The better ones fight for it, while the best ones get it.

[1] Thomas, Mark W. “Motivations for Pursuing a Career in Law Enforcement: An Analysis of a Local Law Enforcement Agency.” (2019).

[2] Singh, Jaivir, et al. “Law, skills and the creation of jobs as ‘contract’work in India: exploring survey data to make inferences for labour law reform.” The Indian Journal of Labour Economics 60.4 (2017): 549-570.

Environmental protection Vis-a-Vis Development

“One of the first conditions of happiness is that the link between man and nature shall not be broken.” –Leo Tolstoy

INTRODUCTION:

Every human being has a natural impulse to develop, nurture, or step forward. “Development” is an expression belonging to the area of economics and has at the present time acquired a central and unique importance. In 21^st century terms like development, modernization, growth, progress have become paramount concepts whose usefulness is outside the purview of any challenge and therefore anything that questions these miraculous concepts are not accepted rather it is shunned. With the passage of time the question of development and its impact on the environment became more dominant. It was realized that our environment is being effected adversely and causing damage to life and property on the earth.

DEVELOPMENT v. DEGRADATION

A debate regarding protecting and preserving our environment has been prevalent since a long time, along with a high level of legislative activity in India in the sphere of environmental development. In 1984, because of Bhopal gas disaster Environment Protection Act 1986, came into force. Though there are lot many agreements like conventions or treaties which are the results of various reforms and regulations but that have been disappointing. Moreover, mechanism with regard to the implementation of rules and regulations have also been futile which

reflects the degrading treatment of our environment only.

Keeping in mind the ecological balance and progress, the recent developmental works must not be put under a scanner, so that the whole idea of environmental up-gradation get threatened. There are concrete schemes and strategies with regard to afforestation, there are many legislation’s related to the control of water and air pollution and for preservation of forests. India has taken many attempts to preserve tigers and because of that India has been praised worldwide for its attempt but there is a huge problem with the entire range of activities which does not seem to reflect a comprehensive understanding of the relationship between development and environment. In this regard much less has been done and little efforts towards it has taken place so as to harmonize human want with that of the process of development and maintenance of environmental balance.

The political debate in India, concentrates on two issues which are growth and maintaining sustainability. In today’s world there is a challenge to find out the process of development that will lead to equity, growth and sustainability. The nature or environment is not just about the trees, forests or wildlife. It is such an important entity upon which the entire world subsist and on which development of agriculture and industry depends.

At the cost of environment, development can take place but up to a certain limit otherwise it will be like a foolish person who was trying to cut the very branch of a tree on which he was sitting. Development in today’s word is very crucial but at the same time there has to be a concern for the protection of environment at large otherwise in the long run there can be only anti development and can go only at the cost of enormous human sufferings.

Many actions have taken place in the name of protection of environment like, Mitti Bachao Abhiyan, Chipko Movement, etc; but in true sense environmental protection perse is of least concern because those movements were only about how to use the environment and who will get the benefit. Therefore, we can find out the growing understanding of the relationship between the people and their environment, born out of a concern for a more equitable and sustainable use of the environment and probably that would be a most fascinating development in India.

If India fails to recreate nature on a massive scale in a manner that generates employment, not only to its rural areas, but also its cities will become uninhabited. Many people prefer to call the urban migrants economic refugees from the countryside. But in my opinion many of them are really ecological refugees, displaced by dams, by mines, by deforestation, by destruction of grazing lands, by floods, by droughts, by urban expansion and so on and so forth. India has today the world’s fourth largest urban population, but before the end of

the century it will be the largest. Managing this huge urban population will call for extraordinary political and managerial sagacity and altogether new approaches, something we cannot learn from the rest of the world. But one thing is definite — if the process of urbanization continues to create the same demands on our rural environment, it will only accelerate the destruction of that environment and in turn make the urban environment impossible to manage and a whole mankind would be at stake. India could not survive without efficient energy, adequate resources and equally balanced urbanization.

CONCLUSION:

Thus, in conclusion we can aptly remark that despite various legislation’s passed by our parliament as well as several international obligations, a more holistic approach should be implemented for its enforcement on the part of the government, common mass and scientists as a whole. Now the time has come where the scientists also shall have to play a very important and dynamic role through their inventions for environmental protection with an environment friendly approach which is need of the hour, so that various stakeholder associated with the mammoth task of preserving and protecting our environment would be able to adopt more proactive measures to make our society a better place to live in .

PROTECTION OF TRADITIONAL INDIGENOUS KNOWLEDGE & INTELLECTUAL PROPERTY RIGHTS

For Centuries, cultures throughout the world have used indigenous technologies to navigate life’s complexities. From navigator-priests in Micronesia to mystics in India, vast sums of knowledge are available if we but recognize it. -Elizabeth Kapu’uwailani Lindsey

With the onset of globalization, traditional and indigenous knowledge has emerged as an important issue. India is a country rich with customary practices and indigenous and traditional knowledge of plant variety and their medicinal use, handicrafts, recipe, folklore, dance forms and agree products.

However, it is unfortunate that the indigenous and traditional knowledge in India do not find enough intellectual property rights protection. Though the Geographical Indications of goods (Registration and Protection) Act, 1999 has come into effect from 2003, it has not proved itself sufficiently effective in protecting traditional and indigenous knowledge. Many plants or plant variety with unique properties are yet to find a place on the Traditional Knowledge Digital Library (TKDL) or on the Geographical Indications Registry (GIR). There is a close relationship between Geographical Indications, Traditional/Indigenous Knowledge and intellectual Property in the form of Trade Mark and Patent. The TRIPS agreement too has provision regarding registration of Geographical Indications as Trade Mark. Yet an effective mechanism for protecting Traditional/Indigenous Knowledge is lacking. If Intellectual Property coverage is effectively extended to Traditional/Indigenous Knowledge belonging to a community or individual in the community, then the proceeds from the use, sale or assignment of such property can be used to upgrade the economic status of the community. An effective mechanism for profit sharing needs to be worked out. Such an arrangement will also operate as an incentive to the community and may be used for the purpose of research and development of the knowledge.

Traditional/Indigenous knowledge provides a rich and fertile ground for research and development. Hence, has to be protected as an important intangible property. It has the potential of being transformed into wealth by providing leads and cues for development of useful practices and processes that may benefit mankind. The valuable knowledge can save time money and investment in the R &D departments. Existing intellectual property system is based on individual private property rights and as such prima-facie traditional/indigenous knowledge is incompatible with the intellectual property rights regime because traditional / indigenous knowledge emphasizes collective creation and ownership.

Only protection of traditional knowledge system will provide an effective benefit sharing mechanism, which is enshrined in the new IPR legislations. It is not fare that indigenous and traditional knowledge be appropriated without sharing of benefit with the owners of the knowledge. Appropriations without protections will violate indigenous cultural precepts by encouraging the commoditization of such knowledge. It will also increase false claims of IPR. Traditional knowledge base of plant based medicines will help accelerate drug development in India provided such knowledge is given the intellectual property rights protection.

There is a need to do many things for the protection of Indigenous/Traditional Knowledge. This particular subject matter (Indigenous/Traditional Knowledge [IK&TK]) has now geared the attention of the policy framers and academia with the onset of globalization. Bio-piracy, patenting of substances which were either the result of IK/TK or specific to a geographical location have been mistreated thus far. It is submitted these IK&TK specific to individual tribe or community made the world grow aware of the wealth of knowledge possessed by them. Intellectual property appears to be the only mechanism to protect them. Law relating to intellectual property defend intellectual labor to serve the interest of the nation. It is the key to development but protecting IK&TK and making them sustainable is also another method of development.