Introducing Legal Studies at +2 level in Schools
Ignorance of law is no excuse. This cardinal principle of law applies to all irrespective of age. Children below seven years of age are regarded doli incapex i.e., Incapable of forming guilty intentions in view of their incapability to distinguish between right and wrong. Children above seven and below twelve years of age enjoy partial immunity under the criminal law depending upon their capabilities to distinguish between right and wrong. Given this legal position the significance for creating legal awareness about the observance of laws in general among the youth of tender years becomes all the more important.
In the modern technological age law has entered every corner of our daily life. Modern technological gadgets are used by everyone, the children are no exception. A slight use of technology in deviation of law attracts penal consequences of greater magnitude at times and even children can’t escape liabilities for such misuse.
Many ills in modern society affect children and youth in greater magnitude. Drug abuse, use of youth for carrying, supplying, transporting drugs and their secret sales with the false assumption that they will be saved from the wrath of liability, are rampant in our society. One of the approaches to curb such menace in the society is to educate the children about the dangerous consequences of violating the law.
Other growing concerns in our society like domestic violence, violation of the rights of senior citizens by especially their own kith and kin, deprivation of women of their rights especially inheritance rights, discrimination on the basis of gender, caste, sexual harassment of women at workplaces, adverse effects on children because of separation, divorce, divorce proceedings in courts, matrimonial trifles among the parents are rampant, only looked down upon by us as conscious citizens, heard by one ear and wiped off from the mind altogether till another similar episode takes place.
Rights of children are now comprehensively dealt with under the law and specific legislations are in place for protection of rights of children. Employment of poor children in violation of child labour prevention laws are also generally ignored by us while such children are themselves ignorant about the remedies available to them in this behalf.
Awareness about the basic rights, including human rights, is as much significant for the children as it is for every adult citizen. However, our school education syllabus at +2 level is devoid of content regarding constitutional rights and entitlements under the law.
It has been well said that experience is the child of thought and thought is the child of action and we can’t learn from books alone. Throughout the globe we have glaring examples where youth have played unique roles as ambassadors against environmental pollution, climate change, global warming, illegal dumping of waste etc., and their struggles have constrained the global communities to reframe the laws and regulatory regimes in tune with the standards of life of common man rather than the life standards of the elite west. Thus, the significance of creating awareness about the environmental policies and problems faced by the society cannot be underestimated in school education. The only viable and smooth way to prepare the future generation as cadres of environmental defenders is to educate them about the environmental policies and regulatory frameworks operating in the society. A large amount of environment related Public Interest Litigations in Jammu and Kashmir have been brought to the notice of the hon’lble High Court of J&K and Ladakh by students especially law students even while undergoing law courses after they became aware about the simple procedure of how to bring matters of public importance to the floor of the court for prompt redress. Such a know-how, once it percolates down to the students at +2 level, can help in safeguarding our environment at grass-root level.
Modern state is a welfare state. Most of the welfare laws touching the common man remain on paper because of lack of awareness among the beneficiaries. Some public service guarantees ensured under the law are not availed by the beneficiaries and touts quite often enjoy the fruits of beneficiary’s ignorance. Thus students at the level of +2 can become an army of legal aiders for the poor beneficiaries as the benefits can be availed using modern technology.
The alternative dispute resolution including mediation has become one of the most reliable mechanisms for resolution of disputes. The judiciary has already embraced it as it facilitates quick and fast delivery of justice against long and lengthy adversarial legal battles. Mediation under the new law can be undertaken at mohalla, block and district levels in respect of wide variety of disputes, especially disputes of general public importance. However, awareness about the applicable laws, the machinery to seek redress in courts through legal aid and legal services by especially the poor and marginalized is at a low level. The youth in the schools once they are educated in this behalf can significantly contribute in the amelioration of the problems of the poor. The Legal Services Authority in J&K and Ladakh has already envisaged the scheme of establishing legal services clinics/clubs in the schools at +2 level to create awareness about the rights of the common masses especially the poor, the underprivileged and the vulnerable people. A combination of legal studies and legal practicals can have lasting benefits for the students and the society simultaneous to the creation of a future generation committed to the lofty ideals of justice. Such clinics/clubs can serve as practical laboratories for the students at +2 levels to come to the rescue of the common man in distress and in need of legal help. Moreover, the New Education Policy-2020 has also envisaged the scheme of Unnat Bharat Abhyan which aims to socially connect the students with the problems faced by the public at the grassroots level where students can have opportunities to contribute by suggesting innovative solutions to the problems faced by the people.
Our common experience shows that a subject learnt at the tender age of youth has a lasting and draining impact on one’s mind. Law is not merely a subject of legal knowledge but also a subject with wide variety of skills to help others. Thousands of our youth in J&K after passing 12th grade examination appear in competitive tests both at national and local level for admission in B.A LL.B course and quite often they are made to waste precious years in order to prepare for such tests. This unnecessary waste of some years of such students can easily be avoided if the subject of legal studies is available to them at 11th and 12th standard. This can facilitate competing for such courses by our students on an equal footing with the students at the national level who have the benefit of such subjects at +2 level throughout the country and can save precious years of our youth which time is otherwise unnecessarily consumed in preparing for such tests after passing 12th class examination.
Given the significance of the subject of Legal Studies at +2 level, the Central Board of School Education has already prescribed it as a subject at 11th and 12th standard. The students throughout India are already availing the benefits of the subject. The New Education Policy-2020 also envisages prescription of a basket of study disciplines to the students to choose subjects of their choice. Having regard to the utility and importance of the subject in Jammu and Kashmir and Ladakh in modern days, it will be in the interests both of the student community and the society at large to prescribe the subject of Legal Studies at +2 level without any further waste of time. Although the Jammu and Kashmir Board of School Education had taken some steps, it is not known why a matter of such a great public importance has been shelved for years together. The authorities at the helm of affairs especially the Honorable Education Minister of J&K, Commissioner Secretary School Education and the Chairman Board of School Education are earnestly requested to give priority to the issue and introduce the subject in the curriculum at+12 level.
The author is a practicing Advocate at High Court of J&K and Ladakh and former Professor, Head and Dean Law, School of Law, University of Kashmir.