Interview Series 02 – Reforms in Legal Education: In conversation with Prof. (Dr.) Lovely Dasgupta

(This is the second in the series of Interviews that JILS will publish as part of its Interview Series on Reforms in Legal Education)

Professor (Dr.) Lovely Dasgupta is an Assistant Profesor (Law) at WBNUJS. She has been teaching sports law for the last 15 years. She did her LLM, MPhil and PhD from W.B. National University of Juridical Sciences (NUJS), Kolkata. She is also associated with other subjects such as contract, commercial law, legal education and consumer law. She has published in both national and international journals. She is one of the leading legal faculties in the country, passionately devoted to the field of education and academics.

We would like to thank Ananya Agarwal and Khushi Joshi for helping in preparing the questionnaire for Prof. (Dr.) Lovely Dasgupta.

The Interview has also been published on the website of Lawctopus, and a link to the same can be found here.

The link to Special Issue Volume 10, themed on Reforms in Legal Education, can be found here.

 

Question 1 :

Professor Lovely, could you share with us your journey through law school that has led you to your current academic position? 

Like many, I too was lucky to have got admission in NUJS at a time when Prof. Madhav Menon was its Vice Chancellor. And I got my initial training as a law student of its LL.M programme under him and his team of brilliant teachers. Thereafter, I have been lucky to have done my M.Phil under Prof. B.S. Chimni and my Ph.D under Prof. M.P. Singh. Whatever I have learnt, it’s through the interaction with these legends of legal education.

Question 2 :

Could you tell us what developed your interest in the arena of sports law, competition law and contract law? What impact do you think law schools can have on shaping their future? 

I was given the task of writing my LL.M dissertation on Sports Doping, by Prof. Menon. And it was in the course of researching on the topic that I got interested in the subject. Similarly, the developments in the field of Competition Law, pertaining to cartels, led me to research on the subject. And my interest in Contract and Commercial law was organic because that was my first teaching assignment upon completing my LL.M.

Question 3 : 

Do you find differences between NLUs and Non-NLUs? If yes, what do you think aggravates these differences and how could we aim at limiting them?

The biggest difference between NLUs and Non-NLUs is the lack of vision. NLUs are guided by the vision of Professor Menon. Thus, irrespective of the additions and the innovations made subsequently, all the NLUs try to enable the students to think out of the box. This is possible because NLUs were designed to be autonomous and follow the interdisciplinary approach to legal studies. Non-NLUS, unfortunately, are tied down by numerous limitations and hence the focus on innovative legal education gets blurred.

Question 4 :

For a person who has been associated with teaching law students across several batches, do you find any differences in the approach of students from the recent batches? Are these changes in students’ approach along with the changing law school culture, destined to bring positive impact in society?

The fundamental difference across the different batches is that the students of the recent batches are in a position to take up more challenges in terms of their career. The students who started with the start of the NLU experiment were more concerned about establishing the brands. Hence, their struggle was different in the sense that they were to be the flagbearers of such law school experiments. The current students don’t have the burden of proving their worth or brand. Definitely, the more choices and opportunities the current students get, the more they will be engaged in different career paths. Hence, it will not only be the corporate law firms but also NGO and policy-making as well as entrepreneurship, which sees the law school student’s participation.

Question 5 :

What do you think are the possible barriers that law students face? Further, how does the intersectionality affect their performance and how could we create a level playing field?

The class barrier is the biggest challenge faced by the law students within the NLUs. Considering the widely growing popularity of law as a career choice, we do have students from different sections of the society joining in. And therein creeps the conflict between the elitist and the non-elitist ethos. It is, therefore, important for the law schools to practice what they preach viz. objectively handling all the students irrespective of their background; and the process has to be organic. The systems backed by authority within the law schools need to provide that space for different sections to prosper and thrive. The subject designing, the curriculum as well as the teaching has to reflect this inclusiveness. There has to be an aim to foster a culture of inclusiveness at all levels. Though the responsibility of those who wield power is the greatest.

Question 6 : 

How much of an impact, according to your observation, does actively incorporating commercial knowledge in subjects have? 

It provides a student with choice and it’s not only about commercial law. Any subject having the scope of incorporating views from other disciplines enables the students to develop a wider vision and view the larger picture beyond the text.

Question 7 : 

According to you, how can we create a safer environment for women in law schools, taking into account the increasing cases of sexual abuse that remain unresolved?

As noted above, the role of the authorities is the greatest in eliminating any form of discrimination and abuse. Hence, sexual harassment/abuse case can be tackled if the NLUs across the board strictly implement a zero-tolerance policy towards such issues. And again, the way we teach also will help in making everybody more sensitive towards gender rights and issues of discrimination and abuse. The language of our delivery and communication, both within and outside the class, is important. As teachers, we owe it to our students to be vociferous with our protest against such horrific acts. The effort has to be greater on the part of the law enforcing agencies within the campus of the NLUs to strictly deal with such cases.

Question 8 :

What measures can be taken to make college campuses more inclusive for trans-persons as most campuses including law schools lack adequate infrastructure and policies that include them? 

It is about building an inclusive campus and this not only includes trans but also the differently-abled persons. We cannot leave it at the stage that there is no policy or infrastructure. We as a community need to insist on these essentials to be in place. And again, as teachers, we need to, through our teaching, foster the culture of inclusiveness.

Question 9 : 

In light of the recent changes in the CLAT pattern which relies heavily on comprehension-based learning, how, according to you, would this affect the accessibility to premiere law schools? Further, how do we weigh the issue of accessibility barrier with the importance of the English language for a law student? 

Let’s first deal with the issue of English as a barrier. I think this approach needs to change for in a country as diverse as ours, English enables us to communicate across board with all. Further, if we want our students to be prepared to take on the world, we need to make them comfortable with English. Hence, while we should have CLAT in different languages, as in the case of other national level competitive exams, we at the law schools need to have English as a compulsory subject and treat it as such. Further, we need to have more engagement with students to make them comfortable with English. Learning a language which is used in all major jurisdiction will open up more avenues and empower the students. In so far as the CLAT exam pattern is concerned, I think it is and will always be a matter of debate, as to what is the best way to make the law schools more accessible.

Question 10 : 

Amidst the global pandemic that has accelerated the culture of having online classes and assessments, numerous questions regarding accessibility arise. How do you think universities should proceed with the evaluation system?

This scenario is new for all hence, it requires a lot of brainstorming at the end of the NLUs as well as students. And I think it will be a case-to-case decision making, depending on each institution’s concerns.

Question 11 :

Professor, mental health issues related to the burdensome curriculum of legal education are becoming more common every day. Could you suggest some changes that should be considered for revising the curriculum?

Mental health in the context of law students needs to be addressed in a holistic way. And one needs to be sensitive as to the causes of the same instead of presuming. This will require institutional tie-ups with organisations, who are working in the area of mental health issues.

Question 12 :

Professor, could you share your advice for law students who are striving for success in today’s climate, especially with regards to those interested in legal research and writing?

There cannot be any advice for each learns from their own lived experience. Hence, like every other field, law too requires a person to enjoy it and work hard to achieve what one strives to. Thank you.