academic rigour – Quirk http://www.nlsquirks.in Disclaimer: All opinions on this blog are the authors’ own, and do not reflect the views of the Quirk team. Mon, 25 May 2020 12:11:06 +0000 en-US hourly 1 https://wordpress.org/?v=5.1.5 http://www.nlsquirks.in/wp-content/uploads/2016/06/favicon-110x110.jpg academic rigour – Quirk http://www.nlsquirks.in 32 32 Learning at Law School – Of High Tables and Floors http://www.nlsquirks.in/learning-at-law-school-of-high-tables-and-floors/ http://www.nlsquirks.in/learning-at-law-school-of-high-tables-and-floors/#comments Sat, 09 May 2020 07:54:23 +0000 http://www.nlsquirks.in/?p=9129 Continue readingLearning at Law School – Of High Tables and Floors]]> This article has been written by Abhishek Asha Kumar (Batch of 2020).

When I was a child, my neighbour used to feed my brother and me whenever my parents went to the village. She would invite me home for food. I would sit on the floor; her entire family would sit at the table.

Bahujan scholar and poet Omprakash Valmiki described in his biography, his father’s insistence on him pursuing a higher education, despite knowing fully well of the discrimination that his son would inevitably face. A child who had already faced such discrimination from primary school, was hence burdened with the expectation of a higher education, with the belief that it was the only route to ridding himself of caste.

I am a Chamaar. This is not an identity that I have ever shied away from. While some of you would expect me to identify as a ‘human’ first, I want to assure you that the society at large has made sure that I don’t forget which caste I belong to. In my time at Law School, as I have gone from identifying as a Chamaar to identifying as a Dalit-Bahujan, I have always embraced the one part of my identity meant to keep me down. As I write today, however, I offer a small glimpse into a journey, familiar to some and incomprehensibly unfamiliar to others.

Much like Omprakash Valmiki, my parents too, harboured dreams of escaping caste. Escaping, however, comes at a price. The price of an education, was sacrificing a house. To send your son to the best possible school, you had to sacrifice the down payment that you could have made on a home. With each tier of education coming at a greater cost, the sacrifices would mount and my parents would make them; because at the heart of hearts they shared the same vision of Dr BR Ambedkar and Omprakash Valmiki. They (and I) genuinely believe that a higher education is the only avenue for one to rid themselves of caste.

I joined Law School in 2015 but my journey began 2 years prior, when I prepared and wrote the CLAT in 2014. Back then, I had gotten a score which would have seen me enter RMLNLU. Determined to improve and make it to the best possible Law School, I rewrote in 2015 and sat stunned as I checked my results at 2AM in the morning. I had secured an AIR of 333. I was dejected. I really thought I could have done better.

In the morning I rang up one of my closest teachers who had helped me with my preparation and informed him that I had gotten an AIR of 333. Being the supportive man that he is, he was delighted. He congratulated me on my effort and told me it was a result of my hard work. Almost as an afterthought, I informed him of my AIR SC Rank 2. He was ecstatic. He yelled in joy and said my entry into NLS was certain. Here is when I was caught in my first dilemma. I expressed to him my doubts about joining a college based on my SC Rank and instead simply accepting a college as per my General ranking. The words he said then fuel me to this day. He said “If you don’t go, the seat will be offered to a child who might not be able to bear that pressure and drop out. Remember, you don’t go there for yourself, you go there for your people; as a guiding light for those students who can look up to you and follow you in the same footsteps.”

Truth be told, these footsteps haven’t been easy. Each step through Law School has thrown up challenges reminiscent of the inequities that exist outside. But after an unlucky streak of two year losses, it is these words which prevent me from dropping out like so many other Dalit-Bahujans, and kindle my hope of graduating from this institution with all the knowledge that I came to gather.

The pursuit of knowledge here, however, seems particularly strange through the lens of a Dalit-Bahujan man. On a campus that boasts equality campaigners in all corners of its settlement, I continue to witness, with each new batch of students, similar incidents of caste-based slurs, “debates” on why “economic reservations are the solution” (this from those joining our LLM and MPP programs) and a culture of discrimination that only serves to remind individuals of their place in the socio-economic hierarchy.

When Valmiki’s father insisted on his pursuit of higher education, the forms of discrimination that he feared may have been different. But in the second decade of the 21st century one can be certain that the perpetrators, then and now, draw from the very same well. Incidents of discrimination, against an individual, only hasten the collective reliving of a community’s historical inferiority complex – of not speaking good enough English, of not being able to understand complex concepts in one go, of not “fitting in” to elite cliques, of not knowing how to compile presentable projects, of not clearing exams.

In the initial days of college, a group of students sitting in their hostel rooms were discussing the marks of the first test of Legal Methods. In the course of the conversation one of my batch mates very casually remarked “Yaar, yeh SC kaise aajate hain iss college mein?” (“Dude, how do these SCs come into this college?”). One hopes that the men present have changed their views over the years, however, the impact that one such statement has on its listeners can persist for years. After all, we were all just first years who wanted to hang out, but from that moment on we would always be reminded that in their eyes our existence would simply never measure up. One day you are a proud member of India’s premier law school, and the other you are just another Dalit who got in through reservation.

The way higher education is portrayed as a route to salvation, one often forgets that those they meet on this journey are a product of the same patriarchal, brahmanical caste-based society that exists outside. For all those who forget, however, incidents like these serve as a reminder.

When I came here, education was my primary aim. I started to participate in practice debates because I wanted to speak in English and make sense at the same time. I wanted to participate in class so I tried to contribute. Prof. Elizabeth (aka Lizzie) encouraged everyone to engage and debate in class. Even though the first 3 weeks of History were Latin to me, I started to relate heavily to the lecture on “Society and the Individual” from the “What is History” component. It was here when I first tried to speak in class a few times while seated at the back of the side rows, all the while anxious of being made fun of. Over time, I slowly gained in confidence and my engagement in class increased, till one fine day, I got stuck trying to formulate a sentence and a batchmate of mine looked at me and smirked. That was it. All that effort into building myself up, deflated. The said person later joined the Law and Society Committee. Little did I know that in my second year, I would face the same kind of deflation, only this time it would be at the hands of a Professor, who would use his privileged position, to mock me for the class’s entertainment.

Trust me. It breaks you. Being made fun of for struggling with a language you weren’t exposed to because your parents only spoke to you in either Bhojpuri or Hindi. It cuts at your self-esteem and stabs at your confidence. It effectively kills your sense of curiosity and robs you of your ability to participate. And yet. And yet, it doesn’t break you like you may think it does. It may break your heart, but it does not break your spine. One keeps marching forward towards that goal that is graduation, because one does not walk this path for the benefit of caste perpetrators but towards their direct detriment. Once again, one hopes these people have changed, but the fact that the said Professor continues his antics, doesn’t leave me feeling very optimistic. The certainty with which people say “Arey, people develop sense while they stay here” can only emerge from those unaware or intentionally blind to how deeply ingrained this mentality is in our institutions.

Academic achievers, and discourse creators keep discussing how caste-based discrimination has either vanished or radically reduced with the onset of education. As someone who studies at the premier centre for legal instruction in the country, I would like to categorically disagree. Caste discrimination has merely evolved into discrimination by other means. Language, clothing, taste in music or your consumption of pop culture, each act as a proxy for your socio-economic location. While the cliques that form around these may seem banal, they represent a much deeper divide.

When you enter they ask you your rank, and then look at you with pity. When you speak English they mock and they jeer. Little do they know that their “merit” is bought by money and their rank by a historic access to resources. Their spoken English reeks of condescension and their debates uplift none.  Their pretence of inclusivity dies when they shoot down someone for speaking Hindi, and again, when their moot courts “groom” and “polish” the pre-polished selected for “grooming” and “polishing”.

The table from my childhood seems to have persisted to my present.

Distant. Intimidating. Unattainable.

The only difference is,

When I was a child, I ate on the floor.

I will sit on the floor no longer.

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Breaking: Emergency Amendments Made in the AER http://www.nlsquirks.in/breaking-emergency-amendments-made-in-the-aer/ http://www.nlsquirks.in/breaking-emergency-amendments-made-in-the-aer/#comments Thu, 07 May 2020 13:06:37 +0000 http://www.nlsquirks.in/?p=9120 Continue readingBreaking: Emergency Amendments Made in the AER]]> Breaking: Emergency Amendments Made in the AER

“Major violation of basic structure”, says Stud Mooter

May 7, 2020 | Anmol Kohli

In a shocking turn of events, the Academic and Examination Regulations (AER) have been amended in light of the COVID-19 pandemic to grant emergency rule-making powers. These have been said to be a “necessary introduction” in order to maintain academic rigour in this unprecedented period of unimportant distractions at home.

Two key excerpts from the amendment read as follows —

  1. Everything correct is objective. All that happens is correct.
  2. No change will be allowed to the above changes under any circumstance.

Law Schoolites whose moot competitions have been cancelled — or made virtual, which is as good as cancellation because they don’t get to travel — are now busy interpreting this amendment as a violation of the “basic structure” of the AER.

Actions are being proposed under this new amendment. They include —

  • Board Exam Study Trauma — Virtual inmates are to regularly receive PTSD flashbacks of 12th grade final exams. The same shall be achieved through mass hypnosis of the inmates into studying to the point of exhaustion and avoiding all familial distractions. This shall promote a spirit of uncompromising rigour in their online education.
  • Luxurious Access to Wi-Fi — The university shall judge an inmate’s Wi-Fi access level depending on the time they spend on social media, Netflix, etc. The statistics for the same will be sent by the Chinese government through Zoom. Sufficient data for online classes shall be created by deleting all distracting apps, primarily news apps, which demoralise the inmates. The administration has assumed power under the amended provisions to moderate Facebook and Instagram content of inmates, an initiative that Mark Zuckerberg has apparently extended his full support to.
  • Undivided Neural Interconnectedness — As just ensuring that virtual inmates login to class is not enough, efforts are being made to gauge their attentiveness as well. Being a sentient software, Zoom has learnt to incorporate the nervous system of inmates to ensure an interactive learning experience. This is done to ensure that students pay attention in class, just like they always did back on campus. Their brains will be “slightly nudged” back towards class whenever they think of some inconvenient and unnecessary thoughts.

Needless to say, virtual inmates are appalled by these amendments. However, many seem to be apathetic. “The world is about to end anyway, what’s the worst they can do?”, was the reply of one inmate. Another declined to comment, just saying, “Sorry, the student in me died this lockdown”.

Hopefully, more information about this issue will be made clear soon. Reportedly, the Student Academic Council will release the minutes of their meeting with the administration on this issue, in a press release by next trimester.

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A Fetish for Excellence http://www.nlsquirks.in/a-fetish-for-excellence/ http://www.nlsquirks.in/a-fetish-for-excellence/#comments Tue, 18 Sep 2018 12:58:10 +0000 http://www.nlsquirks.in/?p=2257 Continue readingA Fetish for Excellence]]> This piece has been written by Parv Kaushik (Batch of 2021).

With the last of the Univs behind us, it is important for us to reassess what we’ve taken these Univs to symbolise.

As an institution that has, over the years, churned out a plethora of people whom one would term “studly”, the bar was set pretty high. At some level, their achievements became more of a metric for self-evaluation. Being in the top 10 of your batch didn’t feel  like so much of an objectively great achievement (something worth praising and working towards), as it did a necessary prerequisite for your academic record to be of any value. Winning a moot became the only culmination of a 5 month long process to have any value. It is important to stress here, that the idea isn’t that winning an international moot or being in the top 10 of your batch isn’t great and the result of a lot of hard work. The idea is that we as a community attach an inordinate amount of value to these achievements. More importantly, when we start projecting these achievements onto others, we’re playing a dangerous game.

The necessary consequence of continuously highlighting and showcasing these achievements is self deprecation. Because it doesn’t matter that you loved the 5 month mooting experience, learnt a lot and got genuinely hooked onto the area of law. In the eyes of most people, these are mere by-products, things you tell yourself to feel good. For you, none of it makes sense unless you win. How we treat people who win tournaments or the like, is a quintessential case of “sar par chadhana“. As I said, the achievements of our peers and alumni, have become a metric of self evaluation. Getting a top 20 rank in Univs has been given such a stature, that anything below that is perceived as a necessary indicator of your ineptitude and incompetence.

People shouldn’t have to cry in self loathing and devastation because they won’t be stamping their passports on college money. Juniors shouldn’t have to come up to seniors saying that they feel like they aren’t doing well enough in law school because they aren’t acing moots or debates like their batchmate X.  The burden of winning that we have created is immense. It makes people think lesser of themselves if they don’t. Seniors need to start being more responsible in terms of  setting the right tone. We need to stop, in jest or otherwise, calling first years lame for not doing moot univs. We need to stop sending in teams with the burden of winning. It is nerve racking to go into competitions with the burden of performing as well as the teams before you. We need to break this fetish for excellence. We need to start telling juniors that putting their best possible foot forward  has inherent value.

To assuage any triggered mooters or debaters, the point here isn’t that there isn’t skill involved in what you do and that it’s merely a matter of you getting lucky. There is value to the skills you possess and effort required in what you have achieved. The point is, those skills aren’t the only thing that have value, nor are they necessarily more important than others. This isn’t a personal call-out of you for having personally contributed to this fetishism (at least not for the vast majority of you :P). This is a call-out of a culture that makes students feel that there are only a fixed number of avenues to make their law school life be of value. It is a call-out of a culture which, to some extent, might even make people participate in activities simply so that other people think that they’re worth something. Our obsession with having our names plastered on a board (*cough* *cough* SDGM), makes having your name on the board the pinnacle of any achievement.

Finally, we need to stop selling ourselves as “studs”. The moment we do that, we will remove the perverse incentive that pushes juniors into doing “studly” things. Let us create an environment where people wouldn’t want to hide in their rooms because it took other people three whole scrolls on their phones to get to their rank. Be appreciative and proud of all the mooters, debaters and ADRers (?) who’ve done brilliantly, but also have some appreciation for the people who gave it the best they could. Their best is of value too. It is about time we recognised it.

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The Importance of Being Learned http://www.nlsquirks.in/the-importance-of-being-learned/ http://www.nlsquirks.in/the-importance-of-being-learned/#respond Tue, 19 Apr 2016 23:00:30 +0000 https://nlsquirks.wordpress.com/?p=867 Continue readingThe Importance of Being Learned]]> This article was written by Kaustav Saha (Batch of 2016).

I recall Professor Nandimath using a phrase more than once during our orientation ceremony, with all us wide-eyed wee little first years listening in awe to how we were becoming part of an intellectually elite institution: Academic rigour. It lies at the very core of our existence at Law School. Four projects, eight exams, three months. Really hits you like a whirlwind when you first get here. Add to that the constant reminders of the standards you’re expected to uphold and how they’re falling. Throw in the challenges of mooting, debating, writing publishable papers, etc. for good measure. Could it be anything but obvious that our lives here are brimming with academic rigour? Actually, it couldn’t be anything but wrong. Blatantly wrong.

Lawyers rely so often on distinctions for their bread and butter, so let’s make one here. A packed schedule does not constitute academic rigour. The hours in a day you spend engaged in something Law School has thrown at you does not determine how academically rigorous your life is. The idea I’m proposing is simple: quality, not quantity. How many of your courses are challenging you intellectually? Do you look back over a period of time and think to yourself: Man, my thought process on this issue or general way of thinking has become so much more mature? Let me be clear at the outset: I do not wish to undermine the challenges we face at first trying to get used to this crazy schedule and mad rat race. But once the dust has settled, it’s good to take a clearer look and ask questions such as the above. Of course, you’re entitled to ask: why is this question even important? Because it helps us think about why we are here in the first place.

Terry Eagleton recently wrote a devastating critique of the modern university where he argued, in essence, that education in the UK has become way too commodified, and that the university as a center of critique has ceased to exist in the face of capitalist forces. He says that we are in the age of the ‘entrepreneurial university’ that values education only for the contribution it makes to the marketplace. While the point I am making does not delve nearly as deep, I am troubled by what passes for learning at Law School today. One can hear complaints on two seemingly contradictory fronts: one, that our learning is not of enough ‘practical relevance’, and two, that even in courses where the syllabus is not trite and meaningless, we do not explore the nuances that make the subject interesting. It is these nuances and their centrality to the course that constitute academic rigour. The first question is better suited to professional treatment than my own naïve speculation, so I will confine myself to the second. And my answer to it is this: if Law School isn’t giving you academic rigour, take it for yourself.

I’ll be blunt: the system sucks. As much as The Lonely Island said it does. The ‘rigour’ of the institution is killing the academic spirit and not strengthening it. To be sure, a host of other factors are responsible. We have many more distractions than the legendary Law School-ites of yore who have achieved spectacular things in life. And let’s not get the wrong idea here: the spirit of inquiry does not require us to become bookworms who leave the library only to forage for food. That said, the extent to which curiosity and a desire to learn are noticeably absent in this institution is alarming to say the least.

As a member of Stud Ad for the last three years, and someone taking an interest in its activities for all my time in Law School, I have seen symposia on topics ranging from the Takeover Code to refugee law. Diverse as these sessions may have been, they had one thing in common: they saw a woefully low turnout of students from Law School. Very recently, the dean of Cornell Law School delivered a lecture on property law that was attended by six people, three of them being faculty members. This does not prove that there are no more genuinely interested people. They may have had unavoidable reasons like project submissions that kept them from attending. After all, rigour rears its ugly head far too often. But even factoring this in, it does show a considerable amount of apathy among our student body. It is precisely this apathy which I believe needs a cure, and it is not an insurmountable problem.

The bottom line is this: do not let the aforementioned sucky system ruin the academic experience that you can potentially have. We are all fortunate to have a relatively smart group of peers, an excellent library and enviable connections that enable us to get the likes of Noah Feldman to deliver lectures here. Use this wisely and you stand to gain an unimaginable amount. One thing we need to bear in mind closely is that this is primarily a vocational degree programme. Therefore, you approach the law with a limited knowledge base and worldview as it is. Do not be so caught up in working the system, getting your grades and securing your future that you ignore why you are here in the present. Before trying to score a publication for the piece on cyber crimes you just wrote, stop a while and consider how much criminal law you’ve read. It takes years of study and research to write meaningfully on any subject, and it is absurd to panic if you haven’t done so in two or three years of Law School. A related problem is time management. Among those of you who’ve read this far, a sizeable proportion will be thinking “This is all well and good, but we simply don’t have the time.” Trust me, you do. Our supposedly rigorous system can be worked with surprisingly few hours devoted to it. One way to make time is by not treating extra reading as a luxury that you will get to if you have spare time, but viewing it as part of your schedule: an essential activity without which you will become brain dead.

Eagleton is right when he says that in today’s knowledge economy, pharmacists are likely to be more valued than phenomenologists. But hell, if you want to study phenomenology, go ahead and do it. The Great Valuer is not sizing you up with his calculator. Not just yet.

References:

Terry Eagleton, The Slow Death of the University.

The Lonely Island, Threw it on the Ground.

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