PIL on for revoking the complete ban imposed on interns for entering into the courtrooms on Miscellaneous days
On August 21st 2013 a notice was issued by the Hon’ble Supreme Court of India via Registrar regarding complete ban of interns on miscellaneous days i.e. on Monday and Friday. Aggrieved by this issue on December 12th 2017, a law student Mr. Swapnil Tripathi filed a Writ Petition Civil No. 1232 of 2017 before the Hon’ble Supreme Court of India on the issue of ban imposed on the entry of interns in the court on the miscellaneous days (Monday and Friday) in the Hon’ble Supreme Court. On March 28th 2018 Mr. Aman Shekhar of Lloyd Law College, Greater Noida made a representation to all the Hon’ble judges of the Hon’ble Supreme Court of India by submitting an application for grievance for not being allowed to witness the court proceedings. However, not much affirmative response was received from the Hon’ble Supreme Court of India. In pursuant to this, we Mr. Aman Shekhar, Mr. Byron Sequeira and Mr. Ayush Prakash moved an Application for Impleadment on July 19th 2018 in the matter of Swapnil Tripathi v. Supreme Court of India for revoking the complete ban imposed on interns for entering into the courtrooms on Miscellaneous days. The petition filed had stated that there is a violation of the fundamental rights mainly Article 14, 19(1) (d) and 21 of the Indian Constitution for imposing a complete ban on the entry for interns. There were some reasonable suggestion for the regulation of the entry of interns on miscellaneous days by the applicants. The case was filed by the us to appear as Party-in-Person in order to plead before the Hon’ble Supreme Court of India by ourselves. The Power of Attorney has been given to Mr. Aman Shekhar to argue the matter in the Hon’ble Supreme Court of India. The matter was listed on July 23rd, 2018 where the Hon’ble bench including Hon’ble Chief Justice of India, Mr. Justice Deepak Mishra, Hon’ble Mr. Justice D. Y. Chandrachud and Hon’ble Mr. Justice A. M. Khanwilkar who directed us to submit our submissions to Learned Attorney General for India Mr. K. K. Venugopal and in pursuant to this, we sought an appointment through email and got his approval on July 31st 2018 where we all discussed the matter and submitted our suggestions with him and got appreciated for the work. On August 3rd 2018 matter came up before chief’s court where the matter was argued and the bench persuaded in our favour as they asserted that there shall be live streaming of court proceedings which will solve the grievance of interns who are not able to witness the court proceedings on Monday and Friday. Now the matter has been listed on August 17th 2018 where all the petitioners in the case have to submit their suggestion to Ld. Attorney General for the framing of their suggestions concerning live streaming of constitutional cases in the court premises and to solve the problems of interns who are not allowed to witness court proceedings. Thereafter the court will frame holistic guidelines after the submissions of the Petitioners.
PUBLIC INTEREST LAWYERING AND CLINICAL LEGAL EDUCATION
Public interest lawyering is a process of legal empowerment aimed at capacity building of everyday people towards using the law and institutions to bring about social change. In public interest lawyering, general people and community takes the lead in an active process while working hand in hand with lawyers. It is a process that requires the participation of the affected community from onset. Public interest lawyering bridges the paternalistic gap that exist between the lawyer and the end users of the laws within our communities, whereby the communities are disregarded in the articulation of legal issues surrounding them.
Today we understand that the significance of legal empowerment especially towards poverty reduction can be seen with the established link between legal rights and poverty. It is therefore the moral duty of lawyers to teach and educate the public about the law and how to use the law to achieve common good that will positively impact on all the people with the same characteristics. The role of lawyers as agents of change and builders of civil society ought to be made apparent from beginning just as medical doctors have the underlining principle of saving life.
The introduction of law clinics and clinical legal education in Law School has kick started the reform of legal education and incorporation of public interest values. Under this programme, Law School have introduced curriculum based clinical law courses and established law clinics that creates opportunities for law students to provide human rights education and legal aid services to vulnerable groups, persons in places of detention and communities that are legally under-served. Legal Aid Society through its work expands the legal services available for all in need by building and supporting innovative partnerships with nonprofit organizations, law schools and the private sector.
Our program is to build and expand the capacity of a nationwide response system of paralegals providing increasing lawyering skills, expanding volunteerism in the legal profession, and engaging law students in giving back to society today and preparing them as future public interest lawyers. There is of course the obvious debate between the economic instances within our country versus abilities of lawyers to pursue public interest lawyering. However, public interest strategies adopted by practicing lawyers can balance out these economic arguments. In addition, as stipulated above, clinical law students as paralegals are available human resources if adequate networks and links are established. On the above background, we are establishing our PIL - Centre for research based social / public interest lawyering as part of our Legal Aid Centre.
- Mr. Aman Shekhar - BA.LL.B. - Sem. IX
- Mr. Ayush Prakash - BA.LL.B. - Sem. VII
- Mr. Byron Sequeira - BA.LL.B. - Sem. VII
- Ms. Shbanam Khan - LL.B. - Sem. III
- Mr. Nitesh Mishra - LL.B. - Sem. III
- Ms. Sonali Chauhan - LL.B. - Sem. III