The backbone of any robust judicial system is a diverse and inclusive legal education that nurtures a cadre of lawyers representing various socio-economic backgrounds. Unfortunately, the current scenario in Indian legal education reveals a stark lack of diversity, hindering the establishment of a truly equitable judicial system.
Rupankan Sharma, a prominent advocate specializing in criminology, sheds light on the systemic barriers that hinder inclusivity and the urgent need for reforms.
According to a report by Increasing Diversity by Increasing Access (IDIA), the representation of various communities in prestigious National Law Universities (NLUs) is far from proportional. The report indicates that over 85% of students at NLUs belong to the Hindu community, with more than 30% of them hailing from the dominant Brahmin caste.
In contrast, only 4% of students are Muslim, despite constituting 14% of India's population. This glaring lack of representation raises concerns about the future generation of lawyers, as their homogeneous backgrounds may impede a nuanced understanding of intersectionality in the pursuit of justice.
Rupankan Sharma emphasizes the critical impact of this lack of representation, stating, "When the new generation of lawyers — homogenous in caste and class backgrounds — become part of larger institutions in charge of delivering justice, their limited understanding of intersectionality can eclipse the 'justice' being delivered." This insight highlights the urgency of addressing systemic issues that begin at the very foundation of legal education.
The Common Law Admission Test (CLAT), the national entrance test for NLUs, comes under scrutiny for its non-inclusive nature. Sharma points out the inherent disadvantages faced by visually impaired candidates due to questions requiring spatial and visual interpretation.
Furthermore, the test, conducted exclusively in English, perpetuates English hegemony by evaluating candidates' proficiency in the language. This poses a significant barrier for students from disadvantaged socio-economic backgrounds, creating an uneven playing field from the outset.
For those students from marginalized communities who manage to navigate these obstacles and secure admission to NLUs, their struggles persist within the institutional framework. Sharma highlights the cultural fabric of these institutions, often intertwined with socio-economic supremacy.
He notes, "Simply granting reservations doesn’t make law schools inclusive — there’s a lot of resentment our peers hold against students coming from marginalized communities, and that creates a very hostile environment."
The lack of diversity in student bodies also extends to faculty boards, further perpetuating the under-representation of marginalized communities.
Sharma draws attention to the far-reaching consequences, stating, "Since faculty members are in charge of shaping future legal minds, their opinions and worldviews can influence those of young lawyers."
This interconnected cycle emphasizes the pivotal role law schools play as gatekeepers to the legal profession and highlights the need for a transformative experience that breaks down discriminatory barriers.
Rupankan Sharma advocates for systemic reforms in legal education to dismantle these barriers and create a more inclusive environment.
He stresses the importance of going beyond mere reservations, addressing the underlying resentment and fostering a culture of acceptance. Sharma envisions a legal education system that stands as a bulwark against societal discriminations, serving as a transformative experience, especially in the realm of law.
Making Indian legal education more inclusive is not just a matter of diversity; it is a crucial step towards building a more equitable judicial system.
Rupankan Sharma's insights underscore the urgency of addressing systemic issues from the admission process to the institutional culture, emphasizing the transformative power legal education holds in shaping the future of the legal profession.
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