I found this article on DNA India, discussing a rule passed by the Bar Council of India (BCI) on September 18, 2008, which limits the ability of anyone "above 30 years of age . . . [to] join [a] post graduate three-year [legal educational program in India]."The resolution is being challenged by Shabnam Mulani, a 39-year-old "police constable who wants to better her understanding of the law as [she hopes] it will aid in her job." The article notes:
Mulani's hopes of studying law this year were thwarted by the BCI resolution as she had exceeded the age limit. In her petition, Mulani states the age bar deprives her and others like her of their fundamental right, and scuttles their intellectual and educational growth . . . [and her counsel has c]alled the decision "ridiculous, vague, arbitrary, senseless, and absolutely unjust besides being unconstitutional."Aside from its (apparent) discriminatory underpinnings, one has to question the economic rationale for such a rule given the news of increased legal outsourcing to India.
I think India has the right idea but the wrong method. The industry is oversaturated and limits make good sense. I think doing it by age is silly though.
ReplyDeleteAgree w 1240. American law schools are churning out too many incoming associates, and there is a market glut. ABA should stop handing out accreditation like candy.
ReplyDeleteThe Bar Council of India needs lessons in Laws themselves. May be the age bar restrictions need to be imposed on those who are at the helm of the making of such ridiculous rules by which they seek to curtail education.
ReplyDeleteEven Pakistan which had locked up its Chief justice in House Arrest has no such age restrictions on studying Laws. Nor are such age restrictions to study law in Iraq, Iran, Afganisthan or any other country all over the world.
The Bar Council of India is making a mockery of its existence by making such a rule, which is an attack not only on the Justice syatem of the country but also poses a grave threat to human rights and the democracy itself in India.
Hope wiser counsel will prevail. I pray that the Courts quash this funny and idiotic rule of the Bar Council of India and give them some lessons in Laws.
I am shocked to read the above article about the age limit imposed on educaqtion, and that too studying the law.
ReplyDeleteIgnorance of law is not excused any where in the world and one is presumed to know the law. Then why does the Bar Council of India want to restrain those who want to pursue law in India, particularly in the age of globalisation and melting borders.
There does not seem to be any justification at all in such an exercise which is surely going to be set aside by the Courts. The said rule of age limit is a stigma on the Bar Council of India's image and stinks of intellectual bankruptcy on its part.
What an abomination. More evidence India does not care about its future.
ReplyDeleteWait...does Afghanistan allow women to even practice? This council has done a good thing; it is preventing saturation of the legal market. The U.S. should follow suit.
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