“I’ve got it, Bob!”, exclaims Katie (Colby, Hewitt and Richards’s pretty young graduate recruitment officer). “We can use the leftover budget to sponsor a moot in India to increase our visibility among law students, you know.” 

No sooner do the words come out of her perfect, round mouth than the taste of bile assails mine. I feel a distant pounding in my ears. For the avoidance of doubt, these phenomena are not caused by butterflies of excitement spreading their wings.  

[Please for a moment ignore the ongoing heated debate about the legitimacy of the Mooting Premier League's scoring system and LegalPoet’s good-hearted exhortation of Tom’s, Dick’s, Alice's(?) and Harry’s efforts in 15 CV TIPS: Make RECRUITERS pounce on you like DOGS ON BONES and The drunk PIPO]

[Listen to ME carefully now.]

My objection to mooting is simple-stripped to its very core, mooting is THE most overrated activity in existence, invented and indulged in by second-rate individuals with diminished libidos. 

You see, several years ago, as a fresher I succumbed to the charms of the convenor, and found myself bailiff-ing for a moot court competition. I see today why those four hours of my life were not entirely wasted- based on this harrowing experience, I can proceed forthwith to destroy myths Katie harbours about mooting.  

********************************************************************

THE MYTH OF THE BEST TEAM WINNING

Certain rotten and diabolical individuals have led Katie to believe that the competition is between the two teams that are mooting. Nothing could be further from the truth. This disgraceful contest is between the fabulous mooter hero and the villainous moot judge - mano e mano. The other team is just a bonus thrown in to double the fun.

I explain to Katie that it’s the blatant unfairness of the system that gets me worked up.

Here’s the mix. Even the most magnificent mooter has, at best, a vague idea about what he’s arguing. His nemesis, on the other hand, is someone who already knows all the answers (usually by virtue of being provided with a little something called a bench memorandum). The mooter’s faked sincerity mixed with his desperation to triumph against all odds, however, lends to the contest a hint of touching romance.

The audience knows there’s only one way this can end. They may as well have ordered a pizza, rented a slasher movie and stayed at home. Their interest in proceedings is sustained by the variety of methods that are used to humiliate the student gladiator, some examples of which can be found below-

1. Some judges are not simply content with being all-knowing and all-powerful. They feel the irresistible urge to let everyone else in the room (i.e., friends, foes and most importantly prospective beaus) know that the mooter is actually a dummy. (Well technically- they have good reason to feel smarter than the mooter, armed with that memorandum and being done with law school two decades ago, you’d think?).
2. Another bunch of judges mistake the mooter’s grand speech for a lullaby and believe a nap would give them greater insight into the meaning of life. Since these judges then go completely dead to the world, they are immune to the mooter’s best weapons- operatic voice modulation and effective hand movements. Disaster.
3. Another particularly bad kind of judge is the one that is starved of the company of the opposite sex. Stare as much as you want while the pretty girl is speaking, but shouldn’t the ogling stop at least when the fabulous one is strutting his stuff?
4. By common consensus, the worst kind of judge is a sub-set of 1 and 3 above- the moot judge with great hair who takes a fancy to the mooter’s co-speaker cum prospective girlfriend. Once the mooter realises the threat, caution is cast to the wind and the moot hall becomes an amphitheatre. The only question to be decided is who has the larger manhood. At this point, the moot judge simply performs a delicate CBM operation on the mooter (more commonly known as “Castration-By-Marking”, a procedure pioneered by frustrated law school professors). 

Ergo, no team ever really wins. It's always the moot judge who goes home with his family jewels honour intact and, in most cases, takes the love of the mooter’s life along with him (courtesy: private moot-related feeback sessions for the faultless, devastated co-speaker). 

The mooter swears revenge on the judge and the cycle repeats itself ten years later- only this time, the villainous judge is the ex-mooter himself.

***********************************************************************

THE LEGEND OF THE COOL MOOTER

Still reeling from this earth-shattering revelation, poor Katie bravely makes the argument that (despite enduring humiliation on such a regular basis) mooters are still revered as the masters of the law school universe.
 
I hate to burst this one. I explain gently to Katie that “Coolness” does not associate with an individual who:

1. has vivid dreams of winning the award for best 'oralist' (not aware that the word actually pertains to the hearing-impaired who communicate by lip-reading, not to mention the word's new-age definition: http://www.urbandictionary.com/define.php?term=oralist).
2. has answered a "Whats up?" question at two ‘levels’ (like a duplex apartment);
3. has worn borrowed spectacles for the intellectual effect;
4. has sweated profusely in the same black suit several times;
5. has owned three black ties and never heard of a cummerbund;
6. shaves rarely, only to miss a spot resulting in a Hitler-Chaplin moustache on D-Day (and a cracked rib for the silently chuckling bailiff);
7. has never been wrong (especially at interviews where openness to new ideas is assessed);
8. has carried little post-it notes in his/her pocket on vacations.
9. cannot tell the difference between non-mooters and annoying insects.
10. has devoted serious thought and research on whether non-mooters turn out completely normal later in life.
11. was tolerated in law school solely for his value as a source of late-night cigarettes (so much stress, so many choices- Vienna? Jessup? Lachs?) 

*********************************************************************

I could go on. But I stop- pretty Katie is crestfallen. I think she realises her graduate recruitment plan isn’t all that grand (or humane) anymore. As a reward for showing her the light, she suggests we spend the excess graduate recruitment budget on dinner for two at Le Gavroche tonight. 

Modern Bob's your uncle (wink wink).   

Once there was a thirsty crow. It was so very thirsty that it could have drunk the whole pond in which my buffaloes and I bathe. But unlike other stories like these, this crow thought himself to be too cool. And the weather was really hot mind you.

The cool crow and the hot weather made an interesting combination. But he did not find a pot and throw pebbles in it. No, he was not old fashioned. And he was not the very modern crow like in the ‘Chatur Kak’ ad which breaks the pot with his beak and drinks water. No.

Actually he just did not fly long distances in the hot weather. In fact, he did not fly at all. Did not flap his wings at all. Sat on its grey, feathery ass all day long.

(Wait! Crows cannot do that). So let us say that he just sat on a dry Peepal tree branch (I wont call it Pee-Pool tree. We worship the Peepal tree in our village) pondering upon a question which he thought would solve this problem forever “WHAT IS THIRST”?

He pondered upon this question. He grew more thirsty. “What is thirst”? He still thought and thought and taxed his bird brain. He found many answers. Very sophisticated answers which his clever mind randomly came up with.

Some answers were contradictory. Some answers were ‘scary’. But he did not want to be a ‘scary crow’. He wanted to be a 'scholar' crow. So he used his clever mind to devise a clever theory.

Alas! He did all but drink water. And he died. He had found an answer, a very confusing, at times contradictory answer to ‘What is thirst’, but forgot to drink water. And he died. Leaving all confused.

Now comes the part where I churn butter from milk. Be ready to be involved in some brain gymnasts.

What have some of the legal philosophers done? They have just ruminated upon the question “WHAT IS LAW”? Why didn’t these bird brained (crow-brained to be precise) scholars know that this question does not have a singular answer.

They could have done a lot of good by involving themselves in the real delivery of justice. By providing water to those who need it so very badly. By quenching their own thirst and the thirst of a million others by providing justice. Real justice. By fighting the legal wars out in the open and ensuring justice to people.

For me that is real social lawyering.

Changing gears (actually changing cars) I must say that law students must be taught by people who are constructing something with the legal instruments. It could be a hut or a mansion. But learning from them is important: practicing lawyers, law firm members, lawyers involved with NGOs etc. Learning from the arm-chair scholars results in incomplete knowledge, sloth and retarded-ness as to the knowledge of the real world.

As I smoke my morning cigarette (admittedly a disgusting habit I picked up back in college), I suddenly miss India. I shiver against the wind in cold, dark, damp London. It’s 7.30 a.m. and its pitch dark. Even after three and a half years, I still have times when I wonder what I am doing here.

What makes this the Promised Land? A question I have asked myself (and others) a million times before and one I still haven't found an answer to.

Since there are a couple of hours to go for work, I set out to make a list of things that could explain possibly why a young wide-eyed law student comes over to (quite literally) the dark side.

Here is what I came up with (in no particular order):

He/she:

1. has been morbidly fascinated by Yashraj movies from an early age (i.e., ever since he/she learnt what NRI means);
2. has had dangerous levels of exposure to Monty Python’s Flying Circus;
3. believes James Bond is a real person;
4. hopes to get with a hot foreign chick/guy (a separate blog entry shall have to be devoted to this rather fond hope);
5. is charmed by the accent of the hot chick/guy in 4 above (which he/she later realises is closer to Geoffrey Boycott being strangled than Yes Minister);
6. wishes that the great tan he/she was born with be appreciated (while his/her friends still use Fair & Lovely/Handsome);
7. finds out that Europe is closer to London than Bangalore;
8. wants to be the automatic choice for best leg-spinner in the firm's cricket team (and he/she wants to rub it in when India beats the South African second XI);
9. needs more grocery money than the obscene amounts Indian firms pay graduates;
10. appreciates human-prototype billable hour targets (because donkey-testing is banned in the UK);
11. wants to sweat less (logical corollary to 10 above. Also related to the weather, although there was a 33 degree Celsius heat wave in the UK last year); or
12. is certifiable and wants to multi-task (or build his/her CV, which has forever been a favourite hobby of law students- please refer to Multitasking- The 'certified' way).

I feel a lot better about things having undertaken this much-needed analysis. I whistle softly to myself as I put on my suit and knot my tie.

The next lot of eager starry-eyed Indian trainees is due to start at Colby, Hewitt and Richards LLP today.

THE CRIMINAL LAW (AMENDMENT BILL) 2010

This is a revolutionary step taken by the Ministry which is looking to amend the existing rape laws in India. The rape laws in India was last amended in the year of 1983 and that to after the Mathura rape case, where the appex cour of India was been harshly criticsed from all parts of the country and the reasons were very obvious. After the amendment in 1983, the offence of rape has taken various shapes in our country which poses glaring need for amending the rape laws to increase the ambit of section 375 of the I.P.C.

During the period from 1983 to 2009, plenty of cases have been registered under this offence.  [The term "rape" under English law actually covers all the aspects of rape. Under the Sexual Offences Act 2003, which came into force in April 2004, rape in England and Wales was redefined from non-consensual vaginal or anal intercourse, and is now defined as non-consensual penile penetration of the vagina, anus or mouth of another person. The changes also made rape punishable with a maximum sentence of life imprisonment]. This comparison clearly shows that the laws prevailing in India are not upto the mark to deal with the various forms and modes of committing the heinous offence. There are  grey areas  which have been in the discussion  for the last 27 years  and few among them are

• Section 375 of I.P.C. is having a very narrow scope wherin it could be applied.
• The age limit was 16years for giving the consent
• The undue advantage taken by the public officers
• The issue of marital rape
• Sexual abuse against the minors of either sexes

As far as the section 509 of the I.P.C is concerned, which deals with the cases of sexual assault consisting of any kind of whistling, passing leud comments of any form of gestures etc.to outrage the modesty of a women; is another area where punishment is less as compared to section 354 of I.P.C.

There are many areas which were in the criminal procedure code also which were also subjected to this recent amendentBil 2010.These are Section154,160,161,198,273 and 327. These sections deals with the generally with the duty of the police officers to take proper action against the charges under the Sections   354, 375, 376, 376A, 376B, 376C and 509 of the Indian Penal Code.

The changes in section 154 Cr.P.C. "  “Provided that if the information is given by the woman against whom an offence under sections 354, 375, 376, 376A, 376B, 376C and 509 of the Indian Penal Code is alleged to have been committed or attempted, then such information shall be recorded, as far as possible, by a woman police officer”

In section 160 of the Code of Criminal Procedure in sub-section (1), in the proviso, for the words “age of fifteen years”, the words “age of eighteen years or above sixty-five years” shall be substituted.  In section 198 of the Code of Criminal Procedure, in sub-section(6),-
(i) for the words “sexual intercourse”, the words “sexual assault” shall be substituted.

In section 273 of the Code of Criminal Procedure, before the Explanation, the following proviso shall be inserted, namely:-
“Provided that where the evidence of a person below the age of eighteen years who is alleged to have been subjected to sexual assault or any other sexual offence, is to be recorded, the court may take appropriate measures to ensure that such person is not confronted by the accused while at the same time ensuring the right of cross-examination of the accused”.

Another important entry has been made in this amendment bill and that is Section 166A which deals with the punishment for the public servant who will disobey the directions given under the law. The punishment is for 1 year or fine or both. this offence is also non-cognizable and bailable before the Magistrate of the first class.

We have witnessed many cases under the  this category of offences going unreported.The amendment in the Cr.P.C. shows the importance given to the part of the system who is gong to implement the laws.  There have been amendment in the Evidence Act as well such as-

In section 53A a prosecution for an offence under section 376 or section 376A or section 376B or section 376C of the I.P.C.or for attempt to commit such offence, where the question of consent is the bone of contention, evidence of the character of the victim or of his previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent.

Conclusion-

The Criminal Amendment Bill, 2010 is no doubt tried every thing to fight with this societal curse with strong hands but it has still silent on marital rape, and gender neutrality of the offence of sexual assault. On the other hand, the provision related to the sexual offences against minors and even an attempt with this respect shall be punishable is a fine step. The steps taken against the public servants is also appreciable. This bill has encouraged the victims to come forward with their complaints so that it can be handled in a proper way as per the law. All in all, It is a fine  proposed amendment bill except the areas untouched. 

Welcome once again to the world of Nandii aka Modern Bob, where buildings are made of shiny glass and all trains run on time to the right stations.

It’s nostalgia time. I recount below my first day of work (translated suitably to reflect events, where appropriate).

8.30 a.m.: Dressed in my smartest suit, I steal a quick look at the Financial Times just to make sure my commercial awareness is up to speed.

[Translation: I wake up, slightly hungover from the free wine at the Colby, Hewitt and Richards’s introductory dinner party last night. Free stuff must ALWAYS be ingested in copious amounts.]

9.15 a.m.: Being extremely perceptive, I notice the market is slightly under the weather and decide I must discuss this with my boss.

[Translation: I find a bomb scare has closed down Moorgate tube station, which means I have to take a bus to work. Of course, divine intervention ensures that there are bus stops every 50 metres. I have no choice but to read the front page of the tube paper which informs me that important takeover talks have collapsed. “Tabloid trash” I mumble to myself and crumple the paper, earning stares from my fellow bus-inhabitants.]

10.00 a.m.: My boss walks in. We connect instantly and there are smiles and handshakes all around. We have a pleasant conversation where he tells me all about his wife and kids. Naturally, he is curious about India and we make holiday plans.

[Translation: I rock up to work to find a slightly sour-faced man in my room and the following conversation takes place. 

Boss: You’re late, and what’s your name?  

Self: Sorry sir, I'm Nandii.

Boss: Nandos?  

Self: It’s closer to Nun-dee. But you can call me Bob if you like, sir.]

11.00 a.m.: I am given my first piece of work, which I complete flawlessly, impressing all at Colby, Hewitt and Richards. I am hailed as a rising star and the cleverest Indian in the firm (including the IT dudes).

[Translation: I am asked to draft a couple of simple documents. Diligently, I replicate the precedents handed to me. As luck would have it, they have slyly repealed the English Companies Act recently and replaced it with an entirely new piece of legislation. To complicate things further, my boss is aware of this and lets me know what he thinks of my drafting skills. ]

1:00 a.m.: The best looking girl in the office rings up asking me if I want to go for lunch. We have a lovely Italian lunch and promise to meet everyday.

[Translation: I ring up the best looking girl in the office, asking her what she’s doing for lunch. She tells me that she’s busy till the end of the month, but will consider lunch with me next month if I take her secretary out today. I spend my lunch hour helping a 75 year old chew (?) her way through spaghetti ravioli.]

3.00 p.m.:  I attend a seminar on recent legal developments and having read the FT this morning, I am able to contribute meaningfully to the discussion on the present condition of the market.

[Translation: An emergency firm-wide meeting is called- another important investment bank went into bankruptcy over the weekend. While I vaguely recall reading about the collapse of takeover talks in this morning’s paper, the events of last night and the warmth of the seminar room overcome me. The next thing I recall is opening my eyes with the entire room staring at me. This is not a pleasant sensation. Drawing on my vast reserves of commercial knowledge, I opine confidently that the Icelandic giant Kaupthing should take over the big British banks to save the day.]

4.30 p.m.: I perform some simple but important administrative tasks.

[Translation: I email some documents to my PA, Jackie Richards, for her to print out ASAP. Outlook automatically corrects the address to ‘Jack Richards’, who incidentally happens to be the Managing Partner of the firm. His reply cannot be reproduced here. I learn an important lesson- my PA is called Jacqueline Richards.]

5.40 p.m.: I ask my boss when I can leave. He smiles and waves me away. I leave the office for my swanky flat in South Kensington and make plans for drinks with friends.

[Translation: An urgent email is forwarded to me by my boss from his Blackberry (he is at the pub with clients) asking me simply to “Please action”. I leave the office just past midnight having learnt all about repo/reverse repo transactions in Spain and wait for a bus to my flat-share in Mile End.]

Finding: Nostalgia is great!

[Translation: When you look back at things, you tend to romanticise them slightly.]

Dear Learned friends,

While trying to find out whether the SICA (is still in operation or not I came across some judgments of the high courts of different states which raise questions over the credibility of the decisions pronounced by them ad shows that even the high courts do not either apply their minds or they are short of IQ or knowledge. 

We all know that Sick Industrial Companies (Special Provisions) Act, 1985 for enacted for all possible revival of sick industries as per the provisions of the Act but in 2004, the President of India gave his assent to the Sick Industrial Companies (Special Provisions) Repeal Act , 2003 but the provisions of the repealing Act was to be notified by the Government to come into operation which has not been done so far till date. 

In spite of the said facts and also a clear pronouncement  of the Supreme Court (2006) in this regard wherein the SC asked the Government to consider the matter of notification of the repealing Act in public interest, the Jharkhand High Court, in 2008, dismissed a Writ petition which was a PIL too on the ground that the repealing Act has repealed SICA, thus no ground could be made out to adjudicate up on SICA provisions. Similarly, the Chennai High Court in 2004 accepted the fact in its judgment that the repealing Act has repealed SICA while coming into force 02.01.2004. 

Two judges bench of the Jharkhand HC in the matter of  Surinder Singh Sahni Vs UoI and Ors, decided on 06.05.2008 (LexDoc ID : 352594), states as follows :

"Though, neither the counsel for the petitioner nor counsel for the respondents pointed out, but it has been brought to our notice that the Sick Industrial Companies (Special Provisions) Act, 1985 stands repealed with effect from 1st January, 2004 by the Sick Industrial Companies (Special Provisions) Repeal Act, 2003.

5. The prayer of the petitioner for declaring the provisions of Section 3(1)(f)(ii) of the Sick Industrial Companies (Special Provisions) Act, 1985 as violative of Article 14 of the Constitution of India, does not therefore survive anymore since the very Act and the provisions contained therein, stands repealed. As regards the other prayers, it Is for the Government to consider' the need for making suitable arrangement for protection of the Sick Small Scale Industrial Undertakings.

6. We do not feel inclined to give any direction to the State or the Central Government in this regard. This writ application is therefore dismissed."

A single bench of the Chennai High Court in the matter of Dunlop Facttory Employees Union Vs Dunlop India Ltd., Writ Petition No.25962 of 2004, decided on 21.12.2004 accepted the fact that the repealing Act has repealed SICA without going into the question whether the repealing Act has got notified or not.

While at the same time the apex court in the matter of Morgan Securities and Credit Pvt. Ltd. Vs Modi Rubber Ltd., 2007 AIR SCW 350, asked the State to consider the matter of notification of the repealing Act.

There may be some more judgments of high courts wherein they would have accepted that the repealing act has repealed SICA but the question arise hereto now that how could we rely on judgments of high courts or whether we get proper justice in all the high courts since in many other matters, I have seen high court judgments without merits and the matter I have referred herein only substantiates the said fact.

I often ponder the mundane things of life when I am tired. Tonight, the lucky subject of my musing is the thermostat dial which has inexplicably turned itself all the way down again, making the office unusually cold.

It isn't hard to imagine that this simple dial is a sinister tool of torture the big boss-men (who live up in the sky) employ to control the lowly employee's urge to curl up under the table and catch a few Zs before the sun comes up and the black-suited worker ants stream into work, with their quick gaits and their straight lines.

I look out of the window- I have arrived. The City of London- the great Indian dream that has outlasted the demise of the Raj; the Punjabi munda's ticket to that luscious-lipped (and soon to be generously-hipped) Punjabi kudi; the Bangladeshi caterer's wet dream and the centre of the western financial world.

My corner office on the 37th floor in one of the tallest buildings in the  City offers a good view- occasionally obstructed by the stray passing cloud. I turn from the window to the rest of my office. Piles, indeed mountains of paper dominate the room. My ilk has a way of wasting paper-even my recycle bin overflows with discarded drafts of documents that no one will ever look at unless all hell breaks loose.

I assure myself that the firm does not have a team of people dedicated to watching me work. I then proceed to stare mindlessly at my computer screen for a complete half an hour, while I wonder what useful (possibly higher) alternative purpose I could instead be serving at 4.30 am. Not the first time I come to the conclusion that my chosen path severely limits options in this regard.

Having satisfied myself that I have no other choice, I work tirelessly for the next fifteen minutes. Immensely pleased with the result, I email my boss my work, noting with satisfaction that the time stamp on my email says 05:17. I hope he notices how late I am working and ignores that this could have been finished early yesterday evening (had I not spent hours poring over the latest gossip on Cricinfo).

I leave the office with the air of a hero returning victorious from battle, slipping easily into the black cab I would never take unless it was paid for by someone else.

Of course, I do not turn the thermostat back up. Now THAT would be a complete waste of my £350 an hour time.

I welcome you to my world. The world of Nandii Reywal- Solicitor at Colby, Hewitt and Richards LLP, where today is already another day.

Hi everyone.

I am a practicing lawyer in the High Court of Gujarat.

I found the field of law very interesting and I love the Law.

Anyone can ask me any query regarding Law, I will give my best answer to that. 

I am also interested in LPO so if anyone is having much knowledge on that please write me.

Pre-sript- The links in this post will take you to some invaluable articles. Please do click on them. I have spent quite some time researching for this piece. Links at point 3 and 15 are specially brilliant. Some of you might like to move straight over to point 11, from where the advanced tips start.

Anyone can make a good CV provided you are ready to work for it. Paths are made by walking, not waiting. Touche.

1.) Learn Great English. Learn to speak english, write english. Learn how English eat, blow their noses and clean their bottoms. But to remain cultured, stick to the Indian culture. It is better, politer and more suave (Poets tend to be chauvinists).

However just to pin- prick your pride here is Wikipedia's article on 'Hin'glish. Don't make the silly mistakes pointed here. BTW as I said, poets are chauvinistic; if you prick my pride with a pin. Ouch! It swells!

2.) Intern in every possible break. Intern after college hours, if possible. There are also online internships possible.

The online internships offered by the National Judicial Academy, Bhopal and the Volintern program of Nishith Desai Associates are doable.

3.) Research. Write papers. Write professional blogs. If you want to get into a corporate firm write on corporate law. If you IP is your field get cracking on IP topics. Look for call for papers here. (In your comments you may thank me for this link).

4.) In summers do summer courses. In winters do winter courses. With all this workload you will not remain a SPRING CHICKEN. But still, try doing a SPRING course.

Soon from a chicken you will turn into a hen. An egg laying hen actually. If you do not change, you still will be a productive chick. In your CV you can be really cocky about this.

WIPO has summer courses on IP law. ISIL has a course on international law every year. CCS has short courses for the socially inclined too.

5.) Get great CGPAs. Be in the good books of your faculty members. Bootlick them, if necessary. Or ask them "Sir/Ma'am, can I be your research assistant".

This will sufficiently ego massage them. Scratching their heads, they are bound to ponder, "Have I turned into such a BIGSHOT, that I need a research assistant"?

6.) Moot. TOM should moot. HARRY should moot. DICK should moot. JOHNY with his mouth full of sugar should moot. ALICES in wonderlands should moot. Even if you are bad at it, moot. The drunk PIPO was brave enough to moot. What keeps you at bay?

7.) Get into the College's Law Journal board. Everybody can't be the editor. At least be a member.

8.) Present papers. Go to seminars and make contacts there. You will do well to read this book I am planning to read. It is called 'How to work a room' by Susan RoAne.

9.) Make best buddies with the best seniors at your college. When you meet them say a loud 'Wassup!'. Show some teeth with the lips curved upwards. They might soon employ you.

10.) Do online courses. Attend webinars. Be a sponge. Take in good from everywhere. WIPO, Asian School of Cyber laws etc. have good courses. (Readers, please come up with some more).


ADVANCED TIPS

11.) Intern once. Intern twice. The third time you go there as an associate. Pick a firm whose practice area you will like to immerse yourself in. Follow this advice. Impress. The elusive PPO will be yours.

12.) Make sure 'googling' your name gives great results. We will soon burn our telephone directories. The smarter ones among us will save them as 'antiques' for diverser investment options. However, Google will be your buddy for some more time at least.

If you are on google you are a stud. If you are not you are a dud. Duh!

13.) Attend events. Attend seminars. Be a people's person. If you don't want to get in a pee-pool, get to know people.

I accompanied Mr. Basheer for the NUJS diversity project to Sikkim. He had spent a month there earlier and we were well received. His friends included two, grade 11 kids: Suku Singh and Palzor; the most respected monk of the area, the hotel attendant, the school teachers and the bakery owner, among others. Get the point?

The Tipping Point, by Malcolm Gladwell tells us about three kinds of people: The connectors, the mavens and the salesmen. Atleast be one of these.

14.) Develop a good LinkedIn profile. Study what like minded people are doing and shadow them. Do read this article on how law students should use LinkedIn.

15.) Tie shoe laces with the other hand. It improves left brain-right brain coordination. If you are a computer engineer, get to know cyber law. If you are a lawyer learn java and website designing.

Shake things around a little bit. Freshness is good for your lungs and your life. See how creative people can get with CV making.


PS- Or maybe, you could enjoy your life. Do what you like to do. Don't be a fake.
Work in an NGO. Paint.
Write poetry. See how life unfolds naturally.
Naturally. That is how buds flower and cocoons make butterflies.

The Women’s day this year was indeed very special, the parliament passed the Women Reservation Bill with full vigor.

The reservation for women in the political front emerged with the Panchayati Raj Act, 1992 which was passed in Rajeev Gandhi’s tenure. The Act provided for women’s reservation upto 33% in the Panchayats.

Subsequently demands for women’s reservation in Parliament and state legislatures were raised . In 1996, the then Prime Minister H.D. Dewe Gowda promised to fulfill these demands. After almost 13 years; the Women’s Reservation Bill [The Constitution (108th Amendment) Bill, 2008] was finally passed by Rajya Sabha.

The bill seeks to reserve 33% seats for women in Lok Sabha and State Legislative Assemblies. One third of these reserved seats would be allotted to the women belonging to the Scheduled Tribes and Scheduled Castes. However, there is no separate reservation for women belonging to the Other Backward Classes (O.B.C’s). Further it is provided that the reservation shall cease to exist after 15 years of its commencement .

The Bill is highly criticized on several grounds :-

1. It seeks to reserve 181 out of the 543 seats in the Lok Sabha and 1,370 out of a total of 4,109 seats in the 28 State Assemblies for women. It is argued that the number of seats allotted for women reservation is way too high and hence should be reduced.

2. The reserved seats would be allotted by rotation of constituencies. This means that a male legislator would not be allowed to contest from the same constituency again. Thus infringing his democratic rights to contest elections.

3. The choice of people would be restricted to only choose female representatives.

What is the most bothering aspect of the Bill?

I personally feel reservation does no good to the society. The benefits of reservation almost never percolate down to the lower strata of the society. It is widely observed that some families enjoy the perks of reservation from generations to generations. The people with most miserable conditions usually never get the opportunity to enjoy the fruits of the legislative action.

I’m afraid that the Reservation Bill would serve purposes other than women empowerment. When Lallu Prasad Yadav was caught in the Chara Ghotala, he had to resign and Rabri Devi (his beloved wife) became the Chief Minister of Bihar. She was more like a puppet in the hands of her husband. Lallu enjoyed power without any responsibility those days. It would come to no surprise, if in the years to come we will witness more of Lallus and Rabris in the Parliament and state legislatures. Believe me it won’t elevate the existing position of the women in any way. The legislators will use women as a ticket to ensure their seats in the parliament.

Not only this the “rotation of reserved constituencies” would act detrimental to the public interest. Most of the elected leaders work for their areas expecting that their work would be rewarded by re-election. But debarring them from contesting elections again, may reduce their interest in working for the public benefit.

“The reservation shall cease to exist with 15 years of the commencement of the amendment” is also a dubious clause. It has been witnessed in past that the reservation of ST’s and SC’s (which was originally meant for 10 years) has been extended each time. The same may be repeated for reservation of women as well.

Reservation is no solution for upliftment of women in the society. Being a woman I know what a woman is truly capable of doing. We had Kiran Bedi, Jhansi Ki Rani, Sarojini Naidu, Vijay Laxmi Pundit and many others without any reservation. I would appreciate the presence of more Vijay Laxmi Pundits than Rabri Devis any day.

This article is the duplication of the post published on author's blog. The same can be also read at http://www.legaldrift.com/the-ugly-truth-regarding-the-women-reservation-bill/

SIM-POOL Legal Language = Happy Lawyers?

My friends were red, blue and green. They were playing in the cess pool. Holi ka festival tha. My friends were behaving like animals and shouting hoooooo, haaaaaaa, wooooooo etc etc. They were in joy. Only simple monosyllables like these could be uttered. Like animals you know, I know.

Maybe even early man was very happy. Because sim-pool language (straight from the gut) is the language of the heart. Poetry (straight from the heart) is the language of the soul.

Now here is a simple assumption: Where language is simple, there is a clarity of thought. Where there is clarity of thoughts, things go well.

But what about the legal language (straight from the wicked brains and evil hearts)?. Why is it so complicated?

Now here is a weird question/conclusion: Are lawyers generally unhappy coz the language is so foreign to their existence? Because complicated and perennially confusing usage of words disturbs them? (Ahhh! Profound)

A time comes when they are proud that they know the complication and the confusion well. Being eternally confused they do things which are very muddy coz their thoughts lack clarity.

A simple question/ conclusion: Do we need to simplify our legal parlance to promote knowledge of law everywhere (including Bihar)? That will surely result in more awareness of legal rights etc.

MYSELF BIHARI BABU

Hi pee-pool! (You smell of susu. Yucks!)

Myself Bihari Babu! I am a law e-student. No! No! I not taking any electronic/ wheel-electronic course. But am clarifying because pee-pool making fun when I say e-student. I tell them “Chalo! Chalo! Bhago”.

BTW...I thought let me try my hand at blogging. Maybe I can make you e-smile. I write simple and short posts. Maximum 200 words.

Bye bye Bhai.

See me. This is Bihari Babu.

See you.

Laughing full-too. Haina? I know, you know.

ps- I love churning makkhan (butter) from milk. I do that to people’s brains too. This is what the blog will be about.

Sara went to a bar to party with few of her friends. When she went to rest room one of her friends. Jacob carefully poured a colorless, odorless and tasteless powder in her drink. Coming back she consumed the drugged drink without knowing its consequences. Next morning she found herself in the bed of the accused. Under the effect of the drug she knew about nothing that had happened the previous night.  The accused possessed some photographs of the previous night, which he used to threaten and blackmail the victim. The victim was victimized for months and due to the fear and guilt she remained silent and confided in nobody. Ultimately she committed suicide to get rid of this miserable condition. This story may become a reality in life of any woman. Date rape is something we feel would never happen to us but it is a dangerous mistake to believe so.

It is unfortunate that many victims of date rape or acquaintance rape commit suicide. Recently a 15 year old girl committed suicide when she was gang raped by her boy friend and his friends. Bijal Joshi rape case which formed the headlines in 2004 was no exception. The lower court has recently awarded the five accused (Sajal Jain, Sugam Jaiswal, Ashok Jaiswal, Chandan Jaiswal and Karan Jain with life imprisonment. Bijal Joshi (24 years) was allegedly raped by her boy friend Sajal Jain and his four friends on the New Year’s Eve in a room at Hotel Ashok Palace, Ahemdabad. When the police took no notice of her complaints, she committed suicide leaving a suicide letter which mentioned the names of all the accused.

It is estimated that around 70,000 college students in the United States are victims of drug rapes or sexual assault every year. Mostly drugs like Rohynol, Ketamine and GHB are administered to commit such crimes. They are also known as predator’s drugs or club drugs. Their effects are generally permanent and a woman may not be able to conceive ever if administered such drugs.

Rohynol:

1. Its effect starts within 10 minutes of ingestion which can continue up to eight hours.

2. It may cause difficulty in walking, nausea, confusion, dizziness, muscle relaxation, slurred speech and impaired judgement.

3. However it is banned in U.S., it is legal in almost 60 countries including U.K. and Mexico as it is used as a medicine for insomnia.

Ketamine:

1. It is administered through injections in veterinary practice .

2. Causes hallucinations, numbness, aggressive behaviour, vomiting and dream-like effects.

3. It is available in both liquid and powder form.

GHB:

1. It is available in powder or liquid form and is easily slipped into a drink.

2. It causes unconsciousness, dizziness, drowsiness,sweating, nausea and respiratory problems.

3. Although the drug is odorless and colorless, it is quite salty.

How to protect yourself?

1. Don’t accept or share drinks.
2. Never leave your drink unattended, even if you are going to the washroom.
3. If you find something suspicious in your drink pour it out immediately.
4. Have a non-drinking friend with you at a party.
5. Don’t hesitate to take help, if you feel you have been drugged.
6. Choose taking drinks from a closed container and not from a pitcher.

What must be done by a date-rape victim?

1. If you believe that you are a victim of date rape take medical help. A urine test within 72 hours of the administration of the drug would reveal the presence of drug in your system.

2. Inform the police. To avoid any sort of harassment by police, consult and take help of  a N.G.O .

3. Don’t hold yourself responsible for the tragedy. Counseling would definitely help you to get over your guilt.

4. Suicide is no option. It is not the victim but the perpetrator who deserves punishment.

Indian Penal Code

Although we don’t have any specific laws related to Date Rape or acquaintance rape, the section 375 of Indian Penal Code, clearly states that sexual intercourse without the consent of victim is considered to be rape. It further states that, if consent for sexual intercourse is obtained by intoxication; then also rape would be deemed to have occurred. The minimum punishment for rape as prescribed under Section 376 is seven years. Hence a victim may take the benefit of the above section.

Criticism

It is unfortunate that some people believe that rape was justified if a woman asks the male out. Some of the perpetrators claim that they had right to have sex with their victims. Both the arguments are highly flawed; a man does not own his date. It is not obligatory on a woman to have sex with her partner. A relationship does not necessarily mean sexual relationship.

To prevent date rape a woman must be vigilant and careful. “Betrayal occurs only where there is presence of trust.” Both young males and females must be taught about sexuality in educational institutions. The risk factors and legal consequences related to rape must be discussed with students. It is the moral responsibility of every individual to inform police, if he or she feels that a woman is administered a club drug.

* the post has been published on author's blog www.legaldrift.com

CRICKET AND IPL : LESSONS FOR LAWYERS AND LAW FIRMS

Here a few lessons law firms and lawyers need to learn from the way cricket/ IPL is played.

1.)   Do one thing. Do it well.

Irfan Pathan was a huge success till he did one thing. And you bet he did it awesomely well. Left arm fast medium, 135ks, the ball swinging into the right hander. What a beautiful sight it was! The girls liked him too!

Then he tried to be super quick. That didn’t happen. He now is actually medium fast. He then tried to develop the ball the goes away from the right hander. Didn’t happen. He worried. Grew bald. Even the girls left him! The blue eyed boy of Indian cricket is now groping in the dark. Sad.
 

Many lawyers who concentrate on a single practice area are doing great for themselves. Take Mr. Pavan Duggal for example. He does Cyber law. Obhan and Associates do patents. That is it. Mr. Veeraghavan Inbavijayan: He does International Arbitration. Nothing else. But they all do it really well.

On the other hand, lawyers/ law firms who try to expand too much, too fast have more often then not fallen flat on their faces. 

The cat who knew to climb trees escaped the hounds; the fox who knew a hundred myriad tricks fell prey to them.

2.)   Great things remain great.

Australian cricket team was great, is great. Imagine this: no Waugh brothers, no McGrath, no Warne, no Gilchrist, no Hayden, no Langer. And you begin to think if it is really the Australian team. But in comes Mitchell Johnson, Nannes, Bollinger, Hussey, Clarke, Haddin et al. The Australian team still remains a world beater.

Fox Mandal, a great firm got into a very bad shape off late. Partners broke away. Spin-offs were quicker than Shoaib Akhtar’s 150 km/ hr thunderbolts. But Fox Mandal persevered. Today it is hale and hearty and the piggy bank too seems to be growing.

      3.)   Great captains are cool captains. Great captains are brave captains. Great captains are innovative captains. Great captains are fun.

Kian Ganz is cool. He is the editor/captain of this site folks.

He lets every comment pour in and be put on an open forum.  He is brave.

He has this blog competition running. He has a thriving discussion forum on. He has a job portal too. Kian is innovative.

Kian has a party every Saturday and Sunday. Kian is fun.

Dhoni never loses his cool. He tackles media with his philosophical one liners.

He parades the team before media to show unity. Dhoni is brave.

Dhoni uses Raina as a death bowler, Amit Mishra as a night watchman. He is innovative.

Dhoni loves bowling. He has even opened the bowling in a Test match. Dhoni is fun.

4.)   Things that don’t come on TV/ Newspapers are dead.

Many lawyers come on TV. CNBC, NDTV Profit etc. are some of the favourite hunting grounds of the eagles and beagles. Their news comes in various business newspapers. Big, visible news. They surely are living well. Domestic cricket matches aren’t even telecast live on TV. The news space of a Ranji match is, at best, microscopic. Domestic cricket is dead.

 
ps- more to come!

Atlast Women reservation bill is passed. A right given to women or politics again by these politicians?

Tough to find out the answer. I must say any kind of reservation is not good for any society. We were against the reservation in the higher education institution but all those people who were against of it also favored this bill.

Now I need to know

1) For the upliftment of women?

2) Vote Bank

If its wrong then its totally wrong. We cant say its good for women and not required for downtrodden people in higher institutions. I agree both are the different things and cant be related to each other but will this reservation bill help women just by 33% or any percentage? Somehow I feel those who women who are really in need of help and reservation , they will not get any welfare out of it.

We dont create a base, we dont create such an environment which can help them but on the name of reservation these politictains are playing with the feelings. By doing this they are not performing their duties and by just passing the bill they can relax now that no one can ask them , Why women are still facing problems..

Q. Are internships helpful in getting a PPO. How do I go about it?

Ans.  Yes they are. Why...I'll tell you later. First get your hands on the PPO thingy.

GETTING A PPO

1.) You have to be in the 4th/ 5th year for that. (If you are in the 5 year course that is).

2.) Then, have a portfolio which is perfectly aligned to the place you are interning.

A 5th year student, interning at Anand and Anand (a leading IP firm) and expecting a PPO should have done at least couple of internships in IP boutiques, presented/ published a dozen papers on the subject and also completed some good add-on courses on IP.

3.) So you are at Anand and Anand. A teenie-weenie 4th year student. Now impress the boss you are working with.

Impress him with your research skills. Pop up the best caselaw for the best law which applies to the case.

Strain your mental sinews. Come up with brilliant analysis. Impress him/her.

Come up with brilliant plaints, legal opinions. Show-off your analytical and writing skills. Impress.

Be in your best formal clothes, best smile, neatest hairdo and shiniest shoes. Impress him/her.

Look like a studious student. Don’t be the dude.

Be the first to arrive. Leave last. Slog like anything. Interact with the associates at lunch. Impress everybody.

Ask great questions. About his/her lawyerly life and about life in general. About what coffee he likes.

Be good with the coffee. Impress.

Be a legal beagle. Wag your tail, always. Sniff for opportunities. Impress.

Be a legal eagle. Observe keenly. Show the splendour in the flight. Impress.



WHY INTERNSHIPS?


1.) Internships are like an add-on course you do.
For example you do a cyber law course from Asian School of Cyber Laws and learn about cyber law in theory (though it may have many 'real life' examples). On the other hand or the same hand (doesn't matter...depends how dexterous you are in using your hands) interning under a stud cyber law lawyer will provide you with a decent practical knowledge of the subject.

So a good 4 week internship, in a way, replicates doing a 100 hour practical course on the subject. (Note the word good. Most internships aren't good). Ah! Ha!

2.) Internships tell that you have an inherent interest in the subject.
In first year, for my NGO internship I intern at NABARD. Then I do internships only in legal departments of banks and niche law firms practicing banking law. The recruiter can bank upon the fact that I have an interest in Banking Law. (PJ...I know).

3.) Every skill gets chiselled. 
Work ethics, practical skills, interpersonal skills, communication skills, THIS skill and THAT skill.


PS- Ideally, one should intern to explore and not to pigeonhole oneself. Coz when the cat comes, the pigeon closes its eyes. He is gobbled up. The pigeon is then not in the pigeonhole. He rather becomes an a**h***. (I might go down in the history books for this quote). Ha!

PS 2- When LegalPoet doesn't write poetry, he deems himself fit to give some free advice.

PS 3- As said before (read comment # 9), I love animals.

PS 4- I'll keep on blasting law firms and hounding Kian till they don't sponsor some goodies for the bloggers. Why is it always that the writers have to starve. :P

PS 5- Then you can't blame us the writers for blowing our own trumpet...or posting the links to our own blogs. :)