Learn From The Best!

Learn From The Best!

Even as a child, my world included not just my family and friends but all those with whom I had little visible connection. I felt their pain. I thought that if I pursue law I would be able to make a meaningful difference in people’s lives. After finishing my B.A.LL.B. at Hidayatullah National Law University, Raipur, I felt the need to push my intellectual boundaries and therefore, decided to pursue a B.C.L. (LL.M) from the University of Oxford, UK. Although five years of legal education in India gave me a good base, the sheer number of resources at Oxford were unparalleled. Then I came to India to practice at the district court in Harda (my hometown) in Madhya Pradesh. Followed by this, I decided to pursue a second LL.M. from Harvard Law School to understand the American culture and study at the best law school in the United States of America. I decided to study at Oxford and Harvard because I want to have a broader view of the legal profession and think about it's future. 

WHAT THEY TEACH

The exposure to a law school environment at Oxford and Harvard introduced me to many talented people. Learning to think about law in a creative, analytical and critical way is a life-changing experience. Being at these places can give rise to self-doubt as one’s own yardstick of measuring one’s achievements is pushed to a great extent. But if one can immerse oneself in this experience and show resilience, then one feels more confident than before. Though both Oxford and Harvard are great universities, people often ask me how they are different. In order to answer this question, it is important to state that the two institutions have different ideologies and approaches to the learning of law. Oxford lays a lot of emphasis on doctrinal learning and ‘learning for knowledge’s sake.’ Harvard, on the other hand, stresses on learning that is of practical value. This is a rather simple way of understanding the core ideological difference in the philosophy of the two institutions, but ofcourse there is more to it. They are both trying to achieve excellence in teaching law in their own ways. The tutorial system in Oxford, whereby students engage with professors in a small group (three-four students), is unique. Harvard takes pride in the number of subjects it offers as choice — currently, one can choose from around 400 law subjects. One also has the option to cross-register at other Harvard-affiliated schools such as Harvard Kennedy School or Harvard Business School. One can also cross-register for courses at Fletcher School of Law and Diplomacy or MIT. Also, foreign education is not only useful for those who want to practice in these jurisdictions. At the Master’s level, emphasis is often laid on debating the underlying concepts that are similar across legal systems. For instance, in the constitutional theory class at Oxford, we studied concepts such as state, citizenship, separation of powers, judicial activism, theories of interpretation, etc. Therefore, irrespective of the differences in the law on a certain issue, it is useful to study the underlying concepts. Similarly, some subjects focus on a comparative dimension since the legal issues we face, on several occasions, are common in most countries. 

PRACTICING LAW

While practicing at Harda district court, I handled different kinds of matters including civil, criminal, consumer, family amongst others. I thought specialising too early would restrict my learning curve. My choice to practice on my own at the trial court was driven partly by compulsion and partly by choice. There were not too many lawyers who were willing to hire a woman and if they did, they would not let me do any substantial work. My varied internships, including with senior Supreme Court advocates such as Fali Nariman and Gourab Banerji, law firms such as Amarchand & Mangaldas, and AZB, Justice Dalweer Bhandari of the SC, and organisations including the National Judicial Academy, Ministry of External Affairs, Office of the UN High Commissioner on Human Rights, instilled the confidence in me to start on my own. The practice at the trial court brought me face-to-face with some of the more humane aspects of practicing law. It taught me valuable lessons, including an on-ground understanding of the deficiencies in the operation of the India’s legal system. To mention the simplest source of frustration of a litigating lawyer, the lack of any order/schedule in which matters are taken up at district courts means that one could end up spending an entire day just waiting to be heard for five minutes by the court.

CHARTING THE FUTURE

The number of people who need legal services has risen with a parallel rise in the number of lawyers. But the gap between these numbers seems to be widening. As India marches on the road to development, it is pertinent that the issue of access to justice is taken up seriously by all stakeholders. Giving legal rights to people is one thing but ensuring the requisite institutional and legal capacity to implement and enforce these rights is important. Therefore, I am engaged in working on this issue at Harvard and will continue to work on it in my own ways. Where ever students are and what ever it is that they are doing, one has to strive to do one’s best and know that there is a world outside our little wells. 

(This piece originally appeared in a Times of India publication and was given as an interview to Vimal Chander Joshi) 

Abhinav Srivastava

| ADVOCATE, HIGH COURT LUCKNOW BENCH|| Ex- Legal Consultant ADAMA INDIA Pvt Ltd.|| RERA | DRT |STATE COMMISSION || Contact: +91 9711983191

8 年

Mam, You'r really an inspiration for me. God bless you, Best wishes for future.

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Lina Duque, MBA

Social Media Strategist & Personal Branding Coach for Leaders | Helping Executives & Public Figures Create Influential Brands | University Instructor | Featured in Harvard Business Review & Forbes

8 年

Keep up the great work, Avani!

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Brian Chang

TikTok (Content Moderation)

8 年

Avani, you are inspirational. Keep up the good work fighting for access to justice, no matter where you are!

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