Semester 9

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COURSE TITLE: INTERNATIONAL TRADE LAW

Course Instructors: Ms Preeti Lakhera/Dr Monica Negi

Semester: IX

Level of Course: Undergraduate/ Vth year

Type of Course: Mandatory/Foundational

Modules: 8

Duration: 4 days a Week (August-December)

Hours: 3 hours per week/Approx. 40 hours

About the Course

The Course is a foundational course on International Trade Law. It will familiarize the students with
the normative framework of the General Agreement on Trade and Tariffs (GATT) 1994 and the
Marrakesh Agreement Establishing the World Trade Organization. It will also discuss the relevant case
laws and engage with the academic commentary which has developed in the implementation and
interpretation of these documents. The students will also get introduced to the Dispute Settlement
Mechanism and its current challenges. Further there will be a brief introduction to some of the Special
agreements which came into the force when World Trade Organization (WTO) was formed.

Learning Outcomes/Objective of the Course

After the completion of the course students will be able to:

▪ Get introduced to the historical development of the International Trade Law


▪ Understand the basic theories of International Trade Law
▪ Understand the salient Articles of GATT 1994
▪ Understand the Dispute Settlement Understanding and the challenges in its current
implementation
▪ Get introduced to the agreements accompanying the WTO
Pedagogy

The following pedagogical tools will be employed by the instructors:

▪ Live Lectures
▪ Power Point presentations
▪ Use of Audio/Video available online
▪ Discussion

Evaluation Criteria

As per the University Format for Undergraduate Courses

▪ Mid Term Examinations


▪ End Term Examinations
▪ Project Submission (with Presentations)

Module I

Introduction to International Trade Law

a. Theories of International Trade Law


▪ Absolute Advantage
▪ Comparative Advantage
▪ H-O Theorem
▪ Factor Equalisation Theorem
▪ Product Life-Cycle Theory
▪ New Trade Theory

Readings

▪ Prof, John Jackson: World Trade and the Law of GATT


▪ Prof. John H. Jackson: The Jurisprudence of GATT and the WTO
▪ Reinhard Schumacher: Free Trade and Absolute and Comparative Advantage
▪ Simon Lester and Bryan Mercurio with Arwel Davies and Kara Leitner: World Trade
Law; Text, Materials and Commentary
▪ Kenneth Rogoff, Harvard University: ‘Paul Samuelson’s Contribution to International
Economics’.
▪ Paul Krugman: International Trade: Theory and Policy
Module II

a. Most Favoured Nation Concept under General Agreement on Tariffs and Trade,
1994(GATT) Article I:1, GATT 1994

Cases

▪ Belgian Family Allowances 1952


▪ Spain-Tariff Treatment of Unroasted Coffee 1981
▪ Canada/Japan: Tariff on Imports of Spruce, Pine, Fir (SPF) Dimension Lumber 1989
▪ Canada Certain Measures Affecting Automotive Industry 2000
▪ EC-Conditions for the Granting of Tariff Preferences to Developing Countries 2004

Readings

▪ Prof. John Jackson: World Trade and the Law of GATT


▪ Simon Lester and Bryan Mercurio with Arwel Davies and Kara Leitner: World Trade
Law; Text, Materials and Commentary.
▪ Petros C Mayroidis: Trade in Goods; The GATT and other WTO Agreements Regulating
Trade in Goods
▪ Prof Raj Bhalla: Modern GATT Law; A Treatise on the General Agreement on Tariffs
and Trade
▪ Biswajit Dhar and Abhik Majumdar: ‘The India -EC GSP Dispute: The Issues and the
Process’
▪ Ravindra Pratap: ‘WTO and the Tariff Preferences, India Wins Case, EC the Law’

b. National Treatment under General Agreement on Tariffs and Trade, 1994 (GATT)
Article III, GATT 1994(a) (Article III:1, Article III:2, Article III: IV, Article III: VIII)

Cases

▪ Japan -Taxes on Alcoholic Beverages 1996


▪ United States-Standards for Reformulated and Conventional Gasoline 1996
▪ EC-Measures Affecting Asbestos and Products containing Asbestos 2001
▪ Korea-Measures Affecting Imports of Fresh, Chilled and Frozen Beef 2001
▪ India-Certain Measures Relating to Solar Cells and Solar Modules 2016
Readings

▪ Andrew Mitchell and Tania Voon: ‘Regulating Tobacco Flavours: Implications of WTO
Law’
▪ Prof. John Jackson: World Trade and the Law of GATT
▪ Simon Lester and Bryan Mercurio with Arwel Davies and Kara Leitner: World Trade
Law; Text, Materials and Commentary.
▪ Petros C Mayroidis: Trade in Goods, The GATT and other WTO Agreements Regulating
Trade in Goods
▪ Prof Raj Bhalla: Modern GATT Law, A Treatise on the General Agreement on Tariffs
and Trade
▪ Alex Davis: ‘The Schochu Conundrum: Economics and GATT Artice III’

Module III

a. Anti-Dumping Agreement, Article VI of GATT 1994

Readings

▪ Judith Czako, Johann Human, Jorge Miranda: A Handbook on Anti-Dumping


Investigations
▪ Thomas R. Howell, Dewey Baltimore: Dumping: Still a Problem in International Trade

b. Customs Valuation Agreement, Article VII of GATT 1994

Readings

▪ Sheri Rosenow and Brian J. O’Shea: A Handbook on the WTO Customs Valuation
Agreement

Module IV

Quantitative Restrictions, Article XI, GATT 1994

Cases:

▪ Argentina-Measures affecting the Export of Bovine Hides 2000(Panel Report)


▪ China-Measures Affecting Trading Rights and Distribution Services for Certain Publications
and Audio-visual Entertainment Products 2009, (Panel and Appellate Body Report)
▪ China-Measures Related to the Exportation of Rare Earths, Tungsten and Molybdenum Panel
Report 2014 and AB Report 2014
▪ China-Measures Related to the exportation of various Raw Materials Panel Report 2011 and
AB 2012
▪ Colombia-Indicative Prices and Restrictions on Ports of Entry, 2009(Panel Report)
▪ India -Quantitative Restrictions on Imports of Agricultural, Textile and Industries Products
1999 (Panel Report and Appellate Body)
▪ Japan-Trade in Semi -Conductors, Report of the Panel 1988
▪ Korea-Various Measures on Beef, Panel Report 2000 and AB Report 2001

Readings:

▪ William J. Long. The U.S. -Japan Semi-Conductor Dispute: Implications for U.S. Trade
Policy, Volume 13/Issue 1, Maryland Journal of International Law (1988).
▪ Impact on India of Tariff and Quantitative Restrictions under WTO, Bishwanath Goldar,
Working Paper No. 172, Indian Council for Research on International Economic Relations,
November 2005
▪ Non – tariff Barriers Affecting India’s Exports, Rajesh Mehta, Research and Information
System for the Non-Aligned and the Other Developing Countries, June 2005
▪ Non – Tariff Measures to Trade: Economic and Policy Issues for Developing Countries,
Developing Countries in International Trade Studies, United Nations Conference on Trade
and Development (UNCTAD), United Nations 2013
▪ Non-Tariff Barriers to Trade: Case Study of India vis a vis EC, Japan and USA, Madanmohan
Ghosh, April 1994, MPhil Dissertation to Jawahar Lal Nehru University, New Delhi.
▪ Non-Tariffs Barriers in the Transport and Logistics Sectors: India, Arpita Mukherjee & Smita
Miglani, August 2010, Research Report, European Business and Technology Centre
▪ Trade Politics and the Semi-Conductor Industry, Doughlas A. Irwin, Working Paper No. 475,
National Bureau of Economic Research (NBER) Working Paper Series, May 1994
Module V

State Trading Enterprises, Article XVII, GATT 1994

Cases

▪ Canada -measures Relating to Exports of Wheat and Treatment of Imported Grain, Panel
Report, 2004 and AB Report 2004
▪ Canada-Administrative of the Foreign Investment Review Act, Panel Report, 1984
▪ Japan Restrictions on Imports of Certain Agricultural Products, Panel Report, 1988

Readings

▪ China’s Trade Development Strategy and Trade Policy Reforms: Overview and Prospect,
Sheng Bin, April 2015, International Institute for Sustainable Development, Nankai
University
▪ State Trading and Non-Market Economies, John H. Jackson, International Lawyer, Vol
23, No. 4, 1989.

Module VI

General Exceptions, Article XX, GATT 1994

Cases

▪ EC-Asbestos, Panel Report (2000) and AB Report (2001)


▪ Brazil – Measures Affecting Imports of Re-treaded Tyres, Panel Report (2005) and AB
Report (2007)
▪ Canada-Certain Measures Affecting the Renewable Energy Generation Sector/Canada-Feed
in Tariff Program, Panel Report 2012 and AB Report 2013
▪ China – Measures Related to the Exportation of Various Raw Materials, AB Report 2012
▪ Gasoline-United States-Standards for Reformulated and Conventional Gasoline, Panel Report
1996 and Appellate Body Report 1996
▪ Japan-Alcoholic Beverages II, Panel Report and AB Report,1996
▪ United States Import Prohibition of Certain Shrimp and Shrimp Products, Panel and AB
Report, 1998
▪ Tuna Dolphin Case I and II
Readings

▪ The Appellate Body Rulings in the Shrimp/Turtle Case: A New Legal Baseline for the Trade
and Environment Debate, Robert Howse, Columbia Journal of Environmental Law, Vol 27:2,
2002
▪ Bilateralism under the World Trade Organization, Y.S. Lee, Northwestern Journal of
International Law & Business, Volume 26, Issue 2, 2006
▪ The WTO Impact on Internal Regulations- A Case Study of the Canada-EC Asbestos Dispute,
Robert Howse and Elizabeth Tuerk, Chapter 12, WTO Impact of International Regulations
▪ Free Trade and the Environment- Can NAFTA Reconcile the Irreconcilable? James E. Bailey,
American University International Law Review, Volume 8, Issue 4, 1993
▪ GATT and the Environment: Reconciling Liberal Trade Policies with Environmental
Preservation, David M. Parks, Journal of Environmental Law, Vol 15,1996
▪ The Judicial Resolution of Conflicts Between Trade and Environment, John H.Knox, Harvard
Environmental Law Review, Volume 28,2004
▪ Multilateral Failure: A Comprehensive Analysis of the Shrimp/Turtle Decision, Marc
Rietvelt, Ind. Int’l & Comp. L. Rev. , Volume 15.3, 2005
▪ Bradley J.Condon, Reconciling Trade and Environment: A Legal Analysis of European and
North American Approaches, 8 Cardozo J. Inl’l & Comp.L. 1, 26(2000)
▪ Revisiting the WTO Shrimps Case in the Light of Current Climate Protectionism: A
Developing Country Perspective, Dr Pallavi Kishore, Journal of Energy and Environmental
Law, Winter 2012
▪ The Next Generation of Trade and Environment Conflicts: The Rise of Green Industrial
Policy, Mark Wu & James Salzan, Northwestern University Law Review,108:401, 2014
▪ The Seduction of the Appellate Body: Shrimp/Sea Turtle I and II and the Proper Role of
States in WTO Governance, J Patrick Kelly, Cornell International Law Journal, Volume 38,
2005
▪ The Shrimp – Turtle Case: Implications for Article XX of GATT and the Trade and
Environment Debate, Bruce Neuling, Loyola of Los Angeles International and Comparative
Law Review, Volume 22, 1999
▪ The World Trade Organization Appellate Body-United States v. Venezuela: Interpreting the
Preamble of Article XX-Are Possibilities for Environmental Protection under Article XX(g)
of GATT Disappearing, Hans J. Crosby, Vill.Environment law Journal, volume 9,1998

Module VII

Dispute Settlement System under the WTO, GATT 1994


a. Procedure
b. Reverse Consensus
c. Appellate Body
d. Amicus Curiae
e. Third Party Role
f. Current Challenges

Cases

▪ EC Bananas Case, AB Report 1997


▪ EC Hormones Case
▪ Australia Canada Salmon Dispute Case

Link

▪ Law P12 M-14. Dispute Settlement under the WTO, ePG Pathshala

Reading

▪ Marrakesh Agreement Establishing the World Trade Organization, Annex 2, Understanding


on Rules and Procedures governing the settlement of disputes.
▪ The History and Future of the World Trade Organization, Craig Van Grasstek, World Trade
Organization, WTO Publications, 2013
▪ The Economics of Trade Disputes, the GATT’s Article XXIII, and the WTO’s Dispute
Settlement Understanding, Chad P. Bown, January 2002
▪ Reflections on US-Zeroing: A Study in Judicial Overreaching by the WTO Appellate Body,
Roger P. Alford, 2006
▪ Amicus Curiae in WTO Dispute Settlement: Theory and Practice, By Henry S. Gao, China
Rights Forum, 2006
▪ Dispute Settlement in the WTO, Developing Countries and India, Anwarul Hoda, ICRIER
Policy Series, April 2012
▪ Due Process in the World Trade Organization: The Need for Procedural Justice in the Dispute
Settlement System, John P. Gaffney, American University of International Law Review,
Volume 14,1999
▪ Effects and Outcomes of Amicus Curiae Briefs at the WTO: An Assessment of NGO
Experiences, Leah Butler, Amicus Curiea Briefs and NGOs, May 8 2006
▪ The Dispute Settlement Understanding of the WTO Agreement: An Inadequate Mechanism
for the Resolution of International Trade Disputes, Sean P. Feeney, Pepperdine Dispute
Resolution Law Journal, Volume 2, 2001
▪ The Role of Consensus in GATT/WTO Decision making, Mary E. Footer, Northwestern
Journal of International Law & Business, Volume 17, 1997
▪ The WTO Banana Dispute Settlement and Its Implications for Trade Relations between the
United States and the European Union, Hunter Clark, Volume 35, Cornell International Law
Journal, 2002
▪ Threes a Crowd, Third Parties and WTO Dispute Settlement, By Marc L. Busch and Eric
Reinhardt, World Politics 58(April 2006)
▪ Reform and Development of the WTO Dispute Settlement System, Edited by Dencho
Georgiev and Kim Van der Borght, Cameron May International Law and Policy,2006

Module VIII

WTO Covered Agreements

a. Agreement on Agriculture
b. Agreement on the Application of Sanitary and Phytosanitary Measures
c. Agreement on Technical Barriers to Trade
d. Agreement on Trade Related Investment Measures
e. Agreement on Subsidies and Countervailing Measures
f. General Agreement on Trade in Services
g. Agreement on Trade Related Aspects of Intellectual Property Rights

Readings

▪ The WTO Agreements, The Marrakesh Agreement Establishing the World Trade
Organization and its Annexes, Cambridge University Press
▪ The World Trade Organization: Law, Practice and Policy, By Mitsuo Matsushita,Thomas J
Schoenbaum, Oxford International Law Library,2015
▪ The Oxford Handbook on The World Trade Organization, Edited by Amrita Narlikar, Martin
Daunton, Robert M. Stern, Oxford University Press,2012

Links

▪ Different Agreements of WTO and its impact on Indian Economy, Vidya-mitra, E-pathshala
▪ Law P12 M-17. The Agreement on Agriculture, e-PG Pathshala
▪ Law P12 M-09. The anti-dumping agreement under the WTO, e-PG Pathshala
▪ Law P12 M-22. The General Agreement on Trade in Services-PG Pathshala
▪ Law p12 M-10 Agreement on subsidies and countervailing measures, e-PG Pathshala
▪ Law P12 M-18 Trade Related Investment Measures (TRIMS), e-PG Pathshala
▪ Law P12 M-19 Technical Barriers to Trade, e-PG Pathshala
▪ Law P12-M-20 Agreement on sanitary and phytosanitary measures, e-PG Pathshala
▪ Law P12 M-23 The agreement on trade related aspects of intellectual property rights, e-PG
pathshala

Required Readings:

▪ General Agreement on Tariffs and Trade 1994


▪ Marrakesh Agreement Establishing the WTO
▪ Annex 2, The Rules and Procedures Governing Settlement of Disputes (DSU)

Recommended Readings:

▪ Peter Van den Bossche, Zdouc, Werner, The Law and Policy of the World Trade
Organization: Text, Cases and Materials, Cambridge University Press.4th Edition.
▪ Hoekman, B and Kostecki, M. 1995, The Political Economy of the World Trading System:
From GATT to WTO, Oxford University Press
▪ The World Trade Organization: Law, Practice and Policy, By Mitsuo Matsushita, Thomas J
Schoenbaum, Oxford International Law Library,2015
▪ The Oxford Handbook on The World Trade Organization, Edited by Amrita Narlikar, Martin
Daunton, Robert M. Stern, Oxford University Press,2012
▪ The Oxford Handbook of the Political Economy of International Trade (Oxford University
Press), Edited by Lisa L. Martin, 2015
▪ Making Rules in the WTO: Free or Managed Trade? Surendra Bhandari, Rose Books, 2012

▪ India in the World Trading System: A Quantitative Assessment, Institute of International


Economics, 2003
▪ Trade Policy Reform in India Since 1991, Harsha Vardhana Singh, Working Paper 02,
Brookings India, March 2017
▪ GATT and the Evolution of the Global Trade System: A Historical Perspective, Gerald A.
Bunting, Journal of Civil Rights and Economic Development, Volume 11, 1996
Suggested Materials (Content Available on You Tube):

▪ WTO: Past, Present and Future-The Political perspective, World Trade Organization
▪ Talking Disputes: The India-Solar Cells Disputes, ICTSD
▪ Law P12 M-01. Introduction to International Trade Law, e-PG Pathshala
▪ M-18, WTO Regime and Environment-PG Pathshala
▪ What Trade and environment negotiations agenda for the WTO? Peterson Institute for
International Economics.
▪ The Common Law of International Trade and the Future of the WTO, Centre for International
Governance Innovation.
▪ Short Online Content
➢ EconClips
➢ Crash Course
➢ Marginal Revolution University
➢ The Economist

Limitations

Being a foundational Course with reduced number of hours this coursewill not give the instructors
the time and space to engage in the many WTO agreements in detail and the evolving jurisprudence
around them. This can be done by introducing an International Trade LawII Course. Also, we can
have more seminars/elective courses so that more interdisciplinary and critical approaches to the
course can be taught.

Note: The Sources/Books/Reading above is not exhaustive. During the course students are
provided cases, articles and reference through mail.
August-December 2022

LL.B. V YEAR (IX SEMESTER)

Course Outline
Judicial Process & Interpretation of Statutes
Prof. (Dr.) Ritu Gupta

Page 1 of 5
Aims & Objectives

This course has two distinct but related components:


1) Judicial Process
2) Interpretation of Statutes.

The objective of this course is to study the nature, evolution and role of the
judges in the Judicial Process using the essential attributes of law as an
instrument in establishing order, delivering Justice, enforcing the rights of the
people and to bring about social changes.
The main focus will be on the institutional structure and the role of Indian
courts at the lower level by setting the facts and applying the law to the facts.
Further, the role of the High Courts and Hon’ble Supreme Court of India in the
realm of judicial remedies, judicial creativity by way of interpretation and
judicial law making would be discussed at length.
The development of Public Interest Litigation (PIL) and the expanding territory
of the judicial process will be specially dealt with in the course.

Interpretation of Statutes is one path of Judicial Process. The power to enact law
is with the legislature but the power to declare ‘What the Law is,’ lies with
Judiciary. The principles evolved by the Judiciary while interpreting various
laws is part of the study of this course.

Page 2 of 5
A. Judicial Process

Module 1: Introduction
1.1 Nature of Judicial Process
1.2 Judicial Process as an instrument of social ordering
1.3 Judicial Process and Creativity in law; Techniques of Judicial
creativity and precedent
1.4 Legal developments and creativity through legal reasoning

Module 2: Judicial Process in India

2.1 Indian debate on Role of judges and Judicial Review


2.2 Independence of judiciary and political nature of Judicial Process
2.3 Judicial Activism & Judicial self-restraint; Judicial Accountability
2.4 Judicial Process in pursuit of the constitutional goals and the values-
new dimensions of judicial activism and structural challenges
2.5 Analysis of selected SC cases where the judicial process can be seen
as influenced by theories of justice.

B. Interpretation of Statutes

Module 3: Introduction of Interpretation of Statutes

3.1Nature and kinds of Indian laws: Statutory/Non-statutory;


Codified/Uncodified; State-made/State-Recognized; Statute: Meaning &
Scope

3.2 Interpretation of Statues; Meaning, Objects & Purpose

3.3 Basic sources of statutory interpretation

Page 3 of 5
i. The General Clauses Act, 1897
ii. Definition clauses in various legislations

Module 4: General Theories and Rules of Statutory Interpretation

4.1The Function of the court is to interpret the law and not to legislate.

4.2 Statute and its parts

4.3 Primary Rules


a) Literal or (Grammatical rule)
b) Golden Rule
c) Mischief Rule (Rule in the Heydon’s case)
d) Purposive Rule
e) Harmonious Construction – Generalia Specialibus non derogant
f) Rule of Strict interpretation (Penal & Tax Statutes)

4.4 Secondary Rules or Subsidiary Rules of Interpretation


1. Noscitur a Sociis
2. Ejusdem Generis
3. Reddando Singula Singulis

Module 5: Aids to Interpretation

5.1 Intrinsic or Internal Aids


a) Language, Phraseology, clauses, conjunctions ‘or & and’, adjectives
and punctuation
b) Short and long titles, preamble, marginal notes, parts & their captions,
chapters & their captions, marginal & section headings
c) Explanations, exceptions, illustrations, provisos and schedules
d) Expressions- ‘such as’, ‘that is to say’ etc.

Page 4 of 5
e) Non obstatnte clause

5.2 Extrinsic or External Aids


a) Legislative history, Parliamentary debates & proceedings
b) Reports of Commissions and Committees

Suggested Books

1. Cordozo, Benjamin N. - “The Nature of Judicial Process” Indian Reprint


Edition 2021, Law & Justice Publishing Co., New Delhi.
2. Cardozo – “The Growth of Law” (2012) Universal Law Publication Co.
New Delhi.
3. G.P. Singh “Principles of Statutory Interpretation, (14thth Edition) 2016,
LexisNexis, Nagpur.
4. P.St. J. Langan (Ed.). Maxwell on The Interpretation of Statutes (1976),
LexisNexis, New Delhi
5. N. S. Bindras’s Interpretation of Statutes, Revised by Prof. Amita
Dhanda, (2017), Lexis Nexis, New Delhi
6. Vepa. P, Interpretation of Statutes, (2003) Eastern Book Company,
Lucknow
7. Bakshi, P.M, Interpretation of Statutes, (2008), Orient Publishing, New
Delhi
8. Lakshminath A., Judicial Process and Precedent 4th Edition, 2016, EBC

Page 5 of 5
National Law University, Delhi
Clinic III: Legal Aid and Services
1. Objective of course
The Objective of the course is firstly, to teach the students how to bridge the gap between the
law and the society by conducting legal aid camps (both offline and online) and by providing
legal aid services. Secondly, the purpose is also to inculcate a spirit of social involvement in
the students while utilizing the legal knowledge they have amassed through these years and the
skills gained through various internships, in a socially relevant manner in actual field situations.
Thirdly, the objective of the course is also to develop a proactive role amongst the law students
for doing legal empowerment by performing legal aid services in a more responsive manner to
ensure that the needs of the poor, vulnerable and other marginalised communities, such as,
Children, Women, Elderly People (Senior Citizens), Disabled Persons, etc. are fulfilled. The
Course is customised while keeping in mind, the prevailing pandemic situation. There are
various issues which affect these vulnerable communities, but, in the present times, it is the
health which has affected them, the most. And therefore, Human Rights Clinic is looking after
the health law issues. The other clinics are offered by Prof. Anju Tyagi and Bharti Kumar along
with Dr. Risham Garg and Dr. Sushila.

2. Detailed Modules, Evaluation Structure / Methods


Wherever necessary, coordination would be done amongst the students, the Clinic Coordinator
and the NGOs and the Lawyers including from the DLSA to pursue the particular clinic more
effectively. Generally, the clinics are categorized into – Criminal Law Clinic, Consumer Law
Clinic, Family/Personal Law Clinic, Human Right Clinic (Health Clinic) and Women and
Child Rights Clinic. After the full involvement of students at the ground level, the assessment
is conducted at the end of the Term, taking into account the particular clinics they have been
involved in through presentation and viva, a research project on a sub-theme of the Clinic and
advocacy material for the purpose of awareness on the broad theme of the Clinic. The purpose
of Clinic III, is therefore, to bridge the gap between the law and the citizens, where, the students
are expected to empower the marginalised persons by providing them with legal information
so that they can exercise the legal rights available to them. And, therefore, in this Clinic III, the
students are expected to make field visits and disseminate the legal information, for which
various options are given to them.

Human Rights (Health Law) Clinic


The purpose of this Clinic is to apprise the students with the practical problems faced by the
marginalised persons of society especially during the pandemic. The access to justice means,
obtaining justice in a fair and open manner under predetermined rules and for obtaining justice,
it is necessary to empower individuals. The students, therefore, are required to empower the
individuals by disseminating information to them. The sub-head of this Clinic is the Health
Clinic and therefore, the students are expected to work in this field. The students are expected
to pick the sub-themes which are workable in an offline/ online environment and fulfil the
necessary conditions of the Clinic. The students will reach the community through, offline/
online platforms, such as visiting nearby Mohalla Clinics and Rural and Urban Colonies,
Facebook, Websites and other Social Media Platforms and also by using both offline and online
tools such as google forms, interview and questionnaire to conduct their research and help the
community members in identifying the health issues and also informing them as to how the
government through various health schemes, is providing various facilities to them. The
Clinic’s mandate is to progressively realise human rights. The students through legal materials,
such as charts, drawings and also by personally addressing/interacting with the community
members, offline/ online, shall inform them about the government schemes and also provide
them the other relevant information. Every Clinic would require conducting an offline/ online
legal aid camp in their respective fields.

Sub-themes to work on:


1. Access to vaccination (Covid-19).
2. Access to medicines.
3. Access to hospitals.
4. Mental Health and Covid-19.
5. Active and Healthy aging: Assessing NPHE (The National Programme for the
Healthcare of the Elderly).
6. Health and Wellness of Senior Citizens.
7. Accessing infrastructure and healthcare by Persons with Disabilities (PwDs).
8. Breast Cancer (Women): Assessing Issues and their Addressal.
9. Covid Bandhu Scheme in Delhi.
10. Mohalla Clinics: Essential Medicines and Essential Lab Tests: Dissemination of
Information.
11. Access to healthcare facilities and medicines for the pregnant women/ antenatal care.
12. Code Red: A Campaign towards better Menstrual Health.
Clinical Activities
The students will have an experiential learning in the field environment in order to gain first-
hand experience by taking interviews, filing questionnaire and various applications and
generating google forms. This helps in developing reflecting skills amongst the students. Each
group is required to do four clinical activities which are as follows:
(a) Preparation of Legal Literacy Primers on selected themes. It includes designing of
posters and pamphlets in English & Hindi.
(b) Socio-Legal Research on related laws, via google forms or otherwise.
(c) Legal Literacy through legal awareness programmes on online media such as Facebook,
YouTube, Zoom, Google Meet, radio, television etc.
(d) Online Legal Advocacy on behalf of people in need of legal intervention.

Reference Material:
1. S. Muralidhar, Law, Poverty And Legal Aid: Access To Criminal Justice, First Edition,
(2004, Lexis Nexus Butterworths).
2. Rebecca L. Sandefur (ed.), Access to Justice, (2009, Emrald).
3. N R Madhava Menon, Clinical Legal Education, (2011, Eastern Book Company).
4. Ved Kumari, “Legal Aid Clinics in Law School: Ensuring Sustainability and
Professionalism, Legal Aid- Catalyst for Social Change, (2012, University of Delhi).
5. Frank S. Bloch, Global Clinical Movement, (2011, Oxford University Press, 2011).
6. Upendra Baxi, “Why Legal Literacy” Towards Legal Literacy in Kamala Sankaran & U.K.
Singh (ed.), An Introduction to Law in India, (2008, OUP India).

Teaching-Learning Methodology:

(i) Lecture-cum-Discussion method.


(ii) Case-based Discussion (field cases).
(iii) Movie Clips/ Documentaries on relevant social issues.

Method of Evaluation:
(i) Project : 40
(ii) Court Diary/Assessment Report/Survey Report : 30
(iii) Literacy Material : 25

Total : 95

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