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The Failures of Juvenile Offender Reformation System in India

THE FAILURES OF JUVENILE OFFENDER REFORMATION SYSTEM IN INDIA Alisha Syali, 2nd Year, B.A.LLB(Hons.) from Amity Law School, Delhi Editorial Note: This blog post seeks to identify the problems which have arisen in the operations of the juvenile justice system in India and attempts to recommend possible solutions which can remedy the cracks evident in the system. The author proposes that the system should be oriented towards reformation of juveniles as a means to reduce juvenile delinquency rates. Post the 2012 Nirbhaya incident in New Delhi, there rose an outcry across the nation since one of the accused in the heinous crime was a juvenile, just months short of adulthood, and was subsequently released after spending 3 years in a juvenile home. There was a unified demand across the country that the law pertaining to juvenile justice should be more stringent. Statistics related to juvenile crimes suggest that it is time for the failures of the Juvenile Justice (Care a...

A Few Subjects that Indian Law Universities should teach at the Undergraduate level but don’t

A FEW SUBJECTS THAT INDIAN LAW UNIVERSITIES SHOULD TEACH AT THE UNDERGRADUATE LEVEL BUT DON’T Suman Kumari, 1st Year, Indore Institute of Law, Madhya Pradesh Editorial Note: In this blog, the author speaks about some of the subjects which need to be taught in Indian law universities in light of the demands of a professional career in law. Every time we think of law as a career, we tend to think of law universities, which are essentially single discipline universities which offer degrees at various levels of study to aspirants. The curriculum in such universities includes all the law subjects that are deemed to be necessary to become a lawyer, ranging from Contract law to Torts. Even though at a preliminary level, it may appear that the subjects taught at the undergraduate level are adequate for legal training, it is argued that there are some key subjects which are still missing from the list of courses, which can potentially affect the formation of responsible agents ...

Universities must Impart Practical Empirical Education in Law Courses

UNIVERSITIES MUST IMPART PRACTICAL EMPIRICAL EDUCATION IN LAW COURSES Aviva Jogani, 3 rd Year, BA.LLB (Hons.), Jindal Global Law School Editorial Note: In this blog, the author emphasizes the need for incorporating elements of empirical and practical education within the law school curriculum in order to truly train law students for success in their legal careers. Duncan Kennedy, a professor at Harvard Law School, wrote an article titled “Legal Education and Reproduction of Hierarchy” in 1982, in which he referred to law school as a political place for those who are willing to function in a hierarchy of a corporate welfare state. 1 In his article, Kennedy states that the language of the coded law and the manner in which legal reasoning is taught by professors in law school are incomprehensible for students, just as they are for any layman. The authoritarian nature of teachers coupled with their biased views is what guides Kennedy to describe law school as an “ intensely...

Ankita Meena v. University of Delhi: Are Legal Stringencies Justified in case of Welfare Legislation?

ANKITA MEENA V. UNIVERSITY OF DELHI: ARE LEGAL STRINGENCIES JUSTIFIED IN CASE OF WELFARE LEGISLATION? Pragya Jain, 2nd Year, Gujarat National Law University Editorial Note: In this blog post, the author considers the fallacies of the decisions of the Delhi High Court and the Supreme Court in Ankita Meena v University of Delhi, viewing the issues which arise from the perspective of their potential impact on society. The very essence of a professional course such as law is denuded when it lets stringency and inflexibility shroud the path of advancement for a female student. This is especially true in India, where women’s education remains a cause of much concern and serious deliberation. In India, the issue does not end with awareness campaigns in rural areas, as it fails to soak into the social fabric of urban families desperate to ensure that their daughters are marriageable, with their being obedient creatures being valued over the prioritization of their   goals. In ...

No Mercy in Professional Courses for Pregnancy?

NO MERCY IN PROFESSIONAL C OURSES FOR PREGNANCY? Gauranshi, 4 th Year, BA.LLB (Hons.), Amity Law School Editorial Note: In this blog post, the author discusses the problem with the stance taken by the Supreme Court in the case of Ankita Meena v University of Delhi and emphasizes the need for the Bar Council of India to develop rules to address the issues faced by pregnant women seeking to complete their professional legal education. A woman, while being tied up in her matrimonial life, is expected to take care of her family and her beloved ones. In Indian society, females are frequently expected to spend their lives in fulfilling different roles as a mother, a wife and a daughter which require them to put others before them. It is rather unfortunate however, that our society appears to be reluctant in reciprocating for the care that it expects. This is because when a woman dares to step out of their designated societal roles and attempt to live a dignified life on her own t...

The Injustice of CLAT

THE INJUSTICE OF CLAT Tanya Saxena, 2nd Year, NLIU Bhopal Editorial Note: In this blog post, the author highlights the deficiencies which have been witnessed in the conduct of the Common Law Admission Test in the past few editions and provides suggestions about how the situation may be remedied. The Common Law Admission Test, popularly known as CLAT, is one of the most prestigious exams conducted in the country for pursuing higher studies in the field of law. The results of this 120 minute examination determine the future of thousands of students, aspiring to become lawyers, across the country. Due to the immense value these results hold, several students who are unable to crack it in the first attempt, end up attempting it multiple times in the hope of securing a seat in a prestigious National Law University. It is undeniable that in India, marks hold a lot of importance in a young student’s life. They are often a matter of parental pride or disappointment, as the case...