Discrimination in Law Schools: An Analysis & Research Proposal

This research proposal critically analyzes discrimination in Indian law schools, focusing on caste, gender, and race-based biases in admissions and assessment. It contrasts the Indian legal education system with the Australian Clinical Legal Education model, which emphasizes practical experience and community service. The study aims to identify discriminatory practices, including sexual harassment and nepotism, and proposes adopting elements of the Australian model to promote equality and fairness. Key research questions address the prevalence of discrimination in admissions, the impact of political influences, and the potential benefits of implementing the Australian model to eradicate discriminatory practices and enhance legal education in India. The proposal also highlights the role of the Bar Council of India in enforcing non-discriminatory policies and fostering amicable student-professor relationships.

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Research proposal: Eradicating discrimination in law schools
Introduction
Off late, it has been observed that discrimination is at a rampant level with regard to
the preference by law schools in India over law graduates on the basis of various grounds
such as caste (Evans et al. 100). As a result, it has led to utter dissatisfaction amongst people
to contemplate to study law. It implies that the law schools are engaged in practices such as
favoring certain classes of students on the basis of their caste, gender and race (Escher et al.
200). Apart from caste, the discrimination by law schools is also carried out on the basis of
gender, race and family background thereby contravening equality and fairness. The
objectives of the research focus over the comparison of education in Indian law schools along
with the Australian model of clinical legal education as far as the prevention of
discrimination prevalent in law schools in various is concerned.
In this research study, the kinds of discrimination in law schools would be
discussed which would help in the addressing of the issues in a proper and appropriate
manner as far as the welfare of the law students are concerned (Nielsen 128). Such issues
primarily imply the bias and discriminatory approaches undertaken by the law schools in
India with regard to admissions of law school students as far as the castes and classes of the
students are concerned thereby implying a quota system (Parashar 200). The research study
would also provide an over the matters related to the assessment criteria being unfair with
regard to the biasness involved in the approach of examiners with regard to the awarding of
grades.
The objectives of the research imply the analysis of the aspect concerning the
likelihood of the students to gain admissions into law schools based on their caste, gender,
race and family background (Kumar 230). The objectives also involve the areas and aspects
as to the extent discriminatory practices are carried out by law schools. The questionnaire
would act as survey in order to elucidate upon the responses of the question as far as the
survey results are concerned. The questionnaire would also help in the furnishing of the
demographic information pertaining to discrimination in law schools.
The reason behind the research is to help in the eradication of discrimination in Indian
law schools not only in terms of admissions but also in classroom activities, college activities
and campus placements (Iya 358). The suitability concerning the Australian model of Clinical
Legal Education is to be considered in order to address the issues as far the overhauling of

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education in Indian law schools is concerned. It is essential to get into the bottom of the issue
regarding the discrimination in Indian law schools in order to resolve it in the desired manner
as far as meeting the objectives of the research is concerned. The following questions are to
be addressed as far as the research is concerned:
Are law schools engaged in various kinds of discriminatory practices with regard to
admissions?
Is there prevalence of sexual harassment in law schools?
Is caste based discrimination in Indian law schools quite rampant?
Do law schools in India need to follow the Australian model in order to address the
issues relating to discrimination?
Is discrimination linked with nepotism as far as admissions in law schools along with
the opting of modules?
Are discriminatory practices in law schools influenced by political activities of the
teachers along with the administrative staff thereby affecting students and subsequently
victimising them?
Proposed focus of study
The research study is purported to focus over the discriminatory practices carried out
by law schools in India as far as inequality in terms of admissions and preferences on
categories such as caste gender and state or city of origin.
Comparison with Australia
This part of the research study analyzes the issues involved in legal education in India
pertaining to discrimination and the steps and measures to be undertaken in order to address
the loopholes and grey areas involved. In India, the legal education lacks a proper
methodology to be followed with regard to the delivery or impartment of lectures in the
various disciplines of law. Most of the professors in law schools are not appropriately well-
versed in the modules being taught at the law schools. Additionally, there is no proper
structuring of the courses which are to be taught as a part of law degree. As a result, the
course structures at law schools are haphazardly designed thereby resulting in complexities
for students as far as deciphering from the lessons of the modules is concerned as per
Mohammad Monirul Azam and Mohammed Monirul Azam (565). It is also imperative that
the practical and theoretical perspectives are not linked with each other taking account of the
curriculum followed at the law schools in India. The infrastructure at law schools are quite
limited as far as legal research is concerned with reference to the updates taking place in
various laws are concerned. It is imperative that law schools in India are not well equipped
with regard to Clinical Legal Education model followed in Australia as viewed by Abel (25).

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The concept of Clinical Legal Education involves hands on experience by law students to
work on real life cases as far as mock trial is concerned. It is also inclusive of the interactions
to be made with actual clients by the students as far as providing of legal services is
concerned according to Shaw et al. (1260). The students as a part of the Clinical Legal
Education also undertake programmes related to community services as far as the welfare and
upliftment of the weaker sections of the society is concerned. Such community services
include the impartment of training and spreading of awareness with regard to their rights. The
procedure with regard to the access to justice is also taught to them by the students (Leiman,
Ankor and Milne 171). As a result, by the virtue of Clinical Legal Education, students are
well equipped to deal with challenging situations as a part of their profession.
In Australia, the concept of Clinical Legal Education has played an extremely
important role with reference to the honing up of appropriate skills of law students in order to
provide a platform to implement such skills upon entry into the profession as opined by
Maharg (120). The Clinical Legal Education has been incorporated in the curricula of various
law schools in the recent past as far as the practicality of the legal education in Australia is
concerned. The aspects of such Clinical Legal Education includes drafting, client
counselling, professional ethics to be adhered to by lawyers and court craft. Such aspects are
complemented with the discussions in form of seminars and supplemented by activities to be
undertaken in order to exemplify the day to day life of a lawyer (Brand 20). The concept of
externship programmes have also been introduced off late by Australian law schools as far as
seminars and supervisory practical work are concerned. Such Clinical Legal Education in
Australia has been started by the Monash University and subsequently garnered a huge
support across law schools in Australia. The concept of court procedures are also taught with
reference to Clinical Legal Education as far as Australia is concerned (Norton and Cakitaki
140). A wide scope and opportunity is also provided to law students to observe court
proceedings by visiting courts. It is also inclusive of the observance of the work undertaken
by the Magistrates on a daily basis (Douglas 68). Additionally, the curricula of various
universities in Australia offering courses related to Bachelor of Laws are incorporated with
modules and aspects’ relating to problem solving approaches as far as Clinical Legal
Education is concerned (Alperhan Babacan and Hurriyet Babacan 180). The subject matters
include the ones which are frequently used in cases at various courts. It is imperative that
there are appropriate law clinics at universities with reference to Clinical Legal Education
(Strevens and Grimes 100). The approach to be followed with regard to arbitration,
mediation and conciliation are also included in Clinical Legal Education as far as Australia is
concerned taking account of the concepts related to alternate form of resolving disputes. As a
result, mock trials are held on regular basis in order to assess the law students as far as
Australia is concerned. The legal aid clinics at Australian universities have been set up for
providing pro bono services to actual clients by law students. It implies that under the
supervision of professors, students are engaged with community centres for the delivering of
legal services on a pro bono basis (Fernando and Elaine 123). The concept of Clinical Legal
Education in Australia also implies the providing an appropriate exposure to law students as
far as the framework and policy regarding the formulation and implementation of the
regulations are concerned (Webb 104).

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Moot court rooms and dummy offices are also inclusive of law schools in Australia in
order to capitulate upon Clinical Legal Education in a proper and appropriate manner as far
as industrial training is concerned with regard to the presentation of arguments in courts and
carrying out in house work respectively as far as the conclusion of effective and appropriate
remedy is concerned.
It provides a practical approach with regard to the teaching of law students as far as
the overcoming of the obstacles and hurdles associated with the legal profession is concerned
(Lien 140). As a result, it is inferred that such a model must be applied in the law schools in
India as when people enter into the legal profession; they feel under soup due to the
enormous challenges which are generally associated with the life of a lawyer in India as far as
the obstacles and hurdles are concerned (Kirby et al. 22). The free legal aid clinic would also
be helpful taking a cue from Australian model of community centres entrusted with providing
pro bono legal services on a community due to the huge level of poverty and unemployment
prevalent in India thereby implying the financial difficulties involved in obtaining justice for
certain categories of people (Dupret, Lynch and Berat 131). The law schools must undertake
appropriate steps in order to ensure equality in admissions and campus placements for
students as far as the fundamental rights under the constitution is concerned. Most law
students take admissions in law schools with an objective to learn the aspects of preventing
the various forms of discriminations prevalent in Indian society. However, law schools
themselves are engaged in activities which involve rampant discrimination as far as
admissions and campus placements are concerned. Such an aspect is reflected by the virtue of
the practices concerning inequality regarding not only on the basis of admissions in law
schools but the discrimination is also rampant while assessing law students with their
examinations and assignments. The model with reference to Clinical Legal Education would
benefit legal education in India to a huge level. The Bar Council of India would have a huge
role to play with regard to the mandatory impartment of training within the framework of
such Clinical Legal Education (Lakshminath 562). It must also lay out policies regarding
prevention of discriminatory practices at law schools. Students and professors must have an
amicable relationship in this regard. As a result, the discriminatory practices would be
eradicated to a huge level taking account of Australian law schools where discrimination
even in the basis of disability is discouraged upon. Discrimination in Australian law schools
is also not tolerated on the basis of sexual orientation of the person. In addition to the concept
of Clinical Legal Education, students unions may also play a huge role in preventing
discriminatory practices. Furthermore, the discrimination also takes place with regard to the
procuring of internships as teachers tend to showcase those students along with placement
departments who obtain higher grades. It is also imperative that the discriminatory practices
have resulted in very few students opting for the study of law. There is also a lack of training
for law students with regard to the honing of skills to be able to practice. The Australian
model also implies the establishment of students unions by universities for the purpose of
addressing of issues related to discriminatory practices by the law schools. These students
unions in Australia are free from the influence of political parties.

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Methodology
The methodology to be followed for the research would be through the conducting of
surveys through questionnaires. The results of the survey would play the key role in the
determination of the various aspects of discrimination prevalent in law schools in India in
terms of admissions, campus placements and other activities. The questionnaires are to be
filled by the students and fresh graduates accordingly thereby presenting their own views. An
in depth analysis would be done over the responses recorded through questionnaire thereby
deducing a comprehensive solution with regard to the eradication of discrimination prevalent
in law schools in India. The reflection of the author of the proposed research study would
also be quite helpful in the capitulation and elucidation upon the research as far as the
deciphering by the reader is concerned. As a result, rough drafts are to be prepared in order
to get a brief idea of the research based discourse being undertaken. Accordingly, proof
reading of the drafts must be done as far as the making of appropriate changes and
improvements are concerned thereby conducting a review accordingly. References in the
form a citations in the written content of the research and in the form of a list known as
bibliography must also be presented in a proper and appropriate manner. After the report of
the research has been compiled and presented, a through reading must be done in order to
identify and determine the scope of amendments to be made and the revisions must be done
accordingly prior to the final submission. Following of such steps are purported to ensure that
the research based discourse is aimed for generating an appropriate outcome as far as an
incredible result is concerned.
The collection of the data can be done through the allocation of questionnaires
amongst law students and fresh law gradates. Additionally, interviews can also be undertaken
through one to one conversations. In order to undertake such steps, obtaining prior consent of
such law students and fresh law gradates is necessary. It is imperative that such data
promulgated would be in primary form since would depict the originality of the research.
However, data can also be collected in secondary form by accessing websites, online journals
and eBooks along with e-newspapers. Additionally, books, journals and relevant articles in
the library can also be helpful in the extraction of relevant data in the secondary form in an
effective and efficient manner. After the date has been collected, it has to be compiled in a
proper and appropriate manner so as to make an appropriate presentation related to the
research. It would ensure an organized form of research based report to be formulated and
presented accordingly. The relevancy of the data must be taken into account and emphasized
upon in an appropriate manner as far as the incorporation of such data into the research based
discourse is concerned. It would guide the reader to have an overview of the research in a
proper and appropriate manner. As a result, the research would provide a wider scope and
opportunity for enthusiasts and passionate researchers to undertake more and more analytical
study pertaining to the disciplines concerning the research as far as carrying forward of the
research is concerned.

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Data analysis
The qualitative method of analysis of data would be applied in order to make a
presentation of the research. It would facilitate the ease of understanding for the purported
reader thereby providing an incredible guidance in an appropriate manner. Quantitative
analysis may pose some kinds of complexities as far as understanding through numbers is
concerned. However, apart from the qualitative method, the multi-methodology involved
with reference to the analysis of data may also be viable depending on the timeframe and
finances available for the research to be conducted and undertaken. The multi-methodology is
popularly known as mixed methods research which involves both qualitative and quantitative
analysis in a blended form. Such a method may not be viable is it may lead to disorganization
in the compilation of data as far as the proper and appropriate demarcation between the
qualitative and quantitative data is concerned. After the analysis of the data, appropriate
verifications are to be made in order to determine and identify the authenticity of the data
collected, extracted and retrieved appropriately. Additionally, the models or theories if
applicable may also be taken into consideration as far as far as the derivation and deduction
of a comprehensive solution is concerned. The analysis of the data must be made in such
manner that it is purported to comprehend upon the research accordingly. Such an approach
would help in the reaching of the finality of the report of the research concerned with
reference to the summarization of the research in an appropriate manner.
Timeline
Table 1: Gantt chart of the Research Proposal: Provisional Schedule
Particulars Week 1 Week 2 Week 3 Week 4
Conducting
survey
Primary Data
collection
Secondary data
collection
Framing of
literature review
Data analysis
Preparing final
draft of the
research and
meetings with
supervisor
Final paper
inclusive of
proofreading
and revisions
The table implies the appropriate schedule to be followed with regard to the conducting and
undertaking of the research in an appropriate manner. It would help in the organized

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approach with an objective to conduct research in an effective and efficient manner on a
timely basis.
Proposed time length
The timeline of four weeks as estimated seems to be quite appropriate with regard to the
completion of the research. It also includes meetings with the supervisors with regard to
feedbacks over rough drafts submitted as far as the making of necessary improvisations of the
research study is concerned. Enough time is also allocated for proofreading and revisions in
order to check and incorporate the appropriate changes which are to be made as far as the
finality of the research based discourse is concerned. Time has also been stipulated for the
collection and analysis of both primary and secondary data with regard to the formulation of
the appropriate literature.

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Works Cited
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of legal education in the US, UK, and Australia." Legal Education at the Crossroads.
Abingdon: Routledge, 2018. 11-34.
Azam, Mohammad Monirul, and Mohammed Monirul Azam. “Reforming Legal Education in
Bangladesh.” Journal of Legal Education, vol. 55, no. 4, 2005, pp. 560–570.
Babacan, Alperhan, and Hurriyet Babacan. "A transformative approach to work integrated
learning in legal education." Education+ Training 57.2 (2015): 170-183.
Brand, Ronald A. "The export of legal education: its promise and impact in transition
countries." The Export of Legal Education. Abingdon: Routledge, 2016. 9-20.
Douglas, Susan. "Incorporating Emotional Intelligence in Legal Education: A Theoretical
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Appendix
Questionnaire
Close-ended questions
1. Law schools are engaged in discriminatory practices during admissions
Strongly
Agree
Agree Neutral Disagree Strongly
Disagree
2. Law schools need to pay more heed to address issues concerning sexual
harassment?
Strongly
Agree
Agree Neutral Disagree Strongly
Disagree
3. Law schools emphasise on grades over abilities with regard to campus
placement?
Strongly
Agree
Agree Neutral Disagree Strongly
Disagree
4. Law schools are engaged in nepotism?
Strongly
Agree
Agree Neutral Disagree Strongly
Disagree
5. Hardcore casteism is heavily prioritised by law schools?
Strongly
Agree
Agree Neutral Disagree Strongly
Disagree
6. Would the Australian model be beneficial for legal education in India?
Strongly
Agree
Agree Neutral Disagree Strongly
Disagree

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7. Should law schools in India adapt to international standards?
Strongly
Agree
Agree Neutral Disagree Strongly
Disagree
8. Should Indian law schools collaborate with Australian law schools in order to
implement the model effectively?
Strongly
Agree
Agree Neutral Disagree Strongly
Disagree
9. Should there be any body constituted by law schools in order to address issues
concerning discrimination?
Strongly
Agree
Agree Neutral Disagree Strongly
Disagree
10. Are law school authorities biased in administering students in law schools?
Strongly
Agree
Agree Neutral Disagree Strongly
Disagree
11. Is there a huge discrimination carried out by law schools with regard to
admissions?
Strongly
Agree
Agree Neutral Disagree Strongly
Disagree
12. Are reservations for admission in law schools necessary on the basis of caste?
Strongly
Agree
Agree Neutral Disagree Strongly
Disagree

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13. Do female students in law schools encounter sexual harassment at a rampant
level?
Strongly
Agree
Agree Neutral Disagree Strongly
Disagree
14. Do law schools need to emphasise more over clinical education?
Strongly
Agree
Agree Neutral Disagree Strongly
Disagree
15. Do law schools only cater for the students with high grades with regard to short
listing for campus placements?
Strongly
Agree
Agree Neutral Disagree Strongly
Disagree
16. Do natives are preferred by the concerned law schools taking account of their
locations?
Strongly
Agree
Agree Neutral Disagree Strongly
Disagree
17. Is there a need for a massive overhaul of the structure concerning the study of
law thereby addressing the discriminatory practices by law schools?
Strongly
Agree
Agree Neutral Disagree Strongly
Disagree
18. Do law schools prefer to grant admission on the basis of capitation fees instead of
merit?
Strongly
Agree
Agree Neutral Disagree Strongly
Disagree