News and current affairs

India is perhaps the only country in the world which has the dubious distinction of having maximum number of laws to regulate the conduct of society. It is the only country where almost all aspects of human behavior i.e. behavior with human beings, behavior with animals (both domestic & wild) with nature & environment etc. all are sought to be governed by laws rather than through education or innate enlightenment which is the preserve of every egalitarian society. Should we study or not? Should we know something or not? Are prescribed by laws such as right to education, right to information etc. We even have framed laws for such a subtle issue as to how should we respect our aged parents and what consequences would befall on us on default. Thus there is a plethora of laws on virtually all subjects/aspects of human behavior.

It is difficult to say if this state of affairs is symptomatic of a healthy state of our society or an ailing state needing urgent treatment. In common parlance a person dependent on a huge cache of medicines is assumed to be ill or not keeping good health and not a healthy being. Though totaling ruling out the use/consumption of medicines ever in one’s life is also utopian wishful thinking defying logic , excess of anything however good is equally bad. This way we are not being educated in real sense but domesticated like animals which definitely is not a good sign of a progressive society.

But what is dismaying is that in spite of a galore of laws created (nigh manufactured) at every bout of sneeze to regulate the conduct of people, the social scenario of our country is far from being heart warming or satisfactory.  There has been a spiraling rise in crimes in our country which is symptomatic of our social decadence rather than betterment.

While this general decadence is a disturbing phenomenon engaging attention of the whole nation, the recent spurt in cases of so called Juvenile delinquency has however rung ALARM BELLS in our society and needs to be addressed to with desired urgency and promptitude.

We follow the dictum “CHILDREN OF TODAY ARE LEADERS OF TOMORROW” and love them and try to provide full facilities for their growth and development accordingly. But paradoxically enough, the more we care for them the more we suffer despondency and despair. Of late there has been an alarming engagement in the sphere of delinquency of children. From minor acts of abuse, fights, theft etc they have now graduated to commit as heinous and serious crimes as Rape, Robbery, and Murder, which suggests there is something radically wrong with our socio-legal dynamics.

It is not that this trend of extra ordinary behavior among children pertains to delinquent acts only. In fact children below 12 yrs of age have done us proud in other areas of activities with a display of rare talent and genius. They have performed in many reality shows of Dance, Music, Drama, Acting etc. They have performed excellently well in certain good films and have been putting up good show in academics and sports as well. So it could not be said that has been a down slide(unilateral) only in their behaviour, but the over all picture that emerges now before us suggests in unequivocal terms that there has definitely been some perceptible change in the behaviour of our youth both ways which indeed is beyond our comprehension. There may be a myriad causes and reasons for this changing trend. The blitz raging impact of cinema and T.V may be one of the prominent reasons influencing the minds of our children. The constraints of both the parents in job not being able to pay adequate attention to their children or the company of their peers etc. There may be a host of other causes and reasons for such a change but this is clear that the COGNITIVE ability and facility of present day children has tremendously changed and the standard of reckoning their CHILDHOOD as we perceived it earlier needs to be thoroughly revised in sync with the changing trends.

In this fast changing world where development of science and technology keeps us on the run with rapidly occurring incredible changes that affect our life styles, we can’t remain contented/being confined in a straitjacketed idealist frame of laws which have no bearing on the present day situation. We have to be pragmatic and realistic rather than bigoted with a kind of idealism that hardly works now.

Some working parents who can’t afford time to spend with their children, suffer from a sense of guilt for not being able to discharge their parental obligations properly tend to shower their love and affection on their children in a highly  lopsided, absurd manner which tantamount to pampering their children. They   fulfill all their demands when the children become cranky. This allows the children to learn the ropes of exploitation, blackmailing, cheating etc at home and cultivate this even as they grow up. In this way the children become spoiled ones and go wayward. They lose respect for rules & regulations and become an undisciplined lot which poses a threat to the egalitarian society. Therefore too much of leniency shown to the children by ignoring their acts of malfeasance often breeds waywardness among children and gives rise to acts of delinquency which are dangerous to the safety & security of our society. So leniency could be the other cause of delinquency and we have to be careful in conducting with the behavior of our children. It however doesn’t mean that they should be asked to walk a tight rope and there no scope left for them to use their free will. In fact too much restrictions also play spoil sport and we have to guard against this as this also is a counter productive approach.

In nut shell we may conclude that we have to take a serious view of the changing trends of behavior among our children which has virtually made AGE as too redundant and irrelevant factor determining who actually is a JUVINILE in real sense and who is not and tailor out a socio-legal plan to govern their conduct in such a way that they get full opportunity to develop their faculties without losing the bliss of their childhood such as innocence, naughtiness, playfulness, which are the basic attributes of childhood and ultimately turnout to be good human beings. Then only we could proudly say our children are assets of our nation on whom we can stake our bright future otherwise they would become a liability to not only the parents but to the whole society.

It is therefore high time that social scientists and legal jurists paid heed to this fast emerging phenomenon and revisited our acts such as JUVINILE JUSTICE ACT etc by making amendments accordingly or else we would ourselves be responsible for spoiling our children and bringing society to dogs.  

DO YOUR BIT!

I despise regionalistic politics. And so I despise Raj Thackeray and his politics. Having lived in Bombay (Yes, I still like calling my city Bombay) since six, there is little I haven't seen. What happens in Bombay affects every Indian in some way or the other.


Over the last few days, much of the media has been have focusing on the language of the course that his son, Amit Thackeray, will be taking.  I fear that the media will corner the young man into taking Marathi as his medium of learning.


We know the law. A person is free to choose his life. Amit Thackeray should be free to choose his life and medium of study. I'm not surprised that Raj Thackeray hasn't appealed to the media to leave his son alone. Indian political parties seem to love any sort of publicity. All the MNS has said till now is "He went there as a parent, not as a politician. I am not aware of the purpose of the visit,. In other words, the MNS doesn't know what to do about Amit's decision not to take Marathi . In even better words, this is good for Bombay and probably the Country.


Family opposition to one's politics cannot be ignored. In a country where dynastic politics seems to be preferred, hormonal awkwardness of any sort  should be encouraged (especially  the political elite). Imagine a society where the political elite consists of homosexuals, transvestites, peace obsessed and daughters  who are forever in the mini-skirt  phase. The political elite is bound to set the population free.

The US Federal Marriage Amendment would probably have been passed had Dick Cheney not had a homosexual daughter by the name Mary Cheney. Cuba today would again probably not be openly supporting homosexual rights if Mariela Castro was not so closely associated with the movement against homophobia. Saif al-Islam Gaddafi was instrumental in ending his father's nuclear program in Libya.


Rebellion to family politics could also backfire. Consider how Nepal's former king and his wife were murdered after not allowing their son to marry Devyani Rana belonged to the Rana family. Or how Alina Fernández Revuelta, Fidel Castro's daughter, who ran away from Cuba dressed as a Spanish tourist because she became a part of dissident movement in Cuba and for Fidel the revolution always came first.


So for all one might claim, Amit's choice might have no effect on how the politics in India might play out. However, there remains a chance, small as it might be, that change could come.

See John2010's other blogs:

Celebrating Baby Thackeray's decision to study in English

We're all racists. Can we change?

8 disturbing signs that our elected representatives have forgotten us.

How comrade whistle blower lost his ethical virginity

The PM on legal education: What he said and did not say.

The 26/11 Judgement fails the maturity test and how we can still salvage justice.

Confessions of a chronic cheater.....

When things go wrong.....

Cumulative Grade Point Average (CGPA)

My CGPA just went up. *celebrates*

No, it’s not because I started studying more or anything. My law school just found out that they needed to be more lenient in their marking system to ensure that I get a job.

Unbelievable? Well, it’s happening so better believe it.

In the last few years many law schools have changed their grading system and made them more lenient. Law schools see higher grades as one way to rescue their students from unemployment. Perhaps even to protect their reputation and ‘rankings’.

Till now we have seen a lot of tactics that law schools adopt to ensure better recruitment for their students. Some of them organize recruitment camps early, some of them treat their recruiters lavishly etc.

Grade inflation is probably the most dangerous of these tactics. Imagine everyone’s grades going up. No change in study time or preparatory material or papers. Parents will be happy, in the beginning, and why not, their son/daughter is scoring well. A first class in law school was not that easy to come till some time back but their son/daughter has a first class in almost all subjects. Happy parents, happy students and happy college. Erm, just tell me one thing, if everyone is getting good grades then how will you differentiate between the good students and the bad students? The recruiters will be or should I say, are in a fix. They always look at the CGPA first. (Mistake?) So if my college gives CGPAs out of 10 and half of the class is above 8.5 then does that mean that no one is even mediocre, leave alone bad?

“If somebody’s paying $150,000 for a law school degree, you don’t want to call them a loser at the end,” says Stuart Rojstaczer, a former geophysics professor at Duke who now studies grade inflation. “So you artificially call every student a success.”

Harvard, Stanford and Yale do not have grading systems. They now follow a pass/fail system. This again creates problems for recruiters. But then according to me it the fault of the recruiters to judge a student by CGPA alone, so its fine. I guess if law schools here do that then more emphasis would come on the other activities, the articles, the moots, the internships and as always, Jugaad. Is that good or bad?

If all the law schools start doing it then the status quo will not change. The problem starts when the grades reach such a level that the college cannot increase it any further. So there will be a time when all the colleges will have the same average grades. How cool na? No need for rankings. India Today and Outlook, are you listening? We will have no other choice but to go for the pass/fail system then.

So basically it’s a stupid system. I am sure none of the law schools will change but yes this is something that students and prospective recruiters have to look after. Some of the recruiters keep track of such things but others don’t and so are easy conned.

This will take time and so all of us will pass (with good grades, I must add). If this continues then the future is definitely not bright.

My CGPA just went up. *Oh damn!*   

Disclaimer:

I did not think of this on my own. These are not my powers of observation. I read about it at a random blog which I don't remember now. It had the US law school perspective to it. I wrote an Indian law school one. The link given in the comments is the NY times link that has similar news. 

Sir, it is no point now crying hoarse against absconding Mr. Warren Anderson,

For, he after all did not flee stealthy from here without anyone’s permission,

He was in fact accorded a very warm send off reserved for very important person,

By none other than the top brass of the then Bhopal Civil (nigh Uncivil) administration,

Therefore, instead of shedding crocodile tears and displaying wonted sham concern,

Show some grit & determination to identify the worthy sons of our soil without whose gumption,

The principal head of UNION CARBIDE would not have dared waltzed out of this nation,

And put them on a trial in a FAST TRACK COURT under the relevant legal provision (Sec. 221 I.P.C.),

Only to see that they are meted out adequate punishment for their such a deprave action,

Besides calling upon the USA to shed doing usual gimmicking on extradition,

And instead realize the gravity of the situation and make immediately adequate reparation,

After all this involves a crucial question of human rights violation (that too by a Co. American),

And U.S. administration in season or out fervently masquerades itself a self styled WORLD CHAMPION. 

On 26th June 1975, a shocked nation heard Indira Gandhi’s unmistakable voice declare in All India Radio “The President has proclaimed emergency. This is nothing to panic about.” Perhaps its obvious that when someone uses such a defensive approach, the opposite is true. Indeed when Mrs. G gave the infamous radio announcement exactly 35 years ago, there was every reason to panic. 

Thousands of people were arrested and kept behind bars for months without trial, the freedom of press was largely curtailed, the right to express anything against the government was taken away, forced sterilization was carried out to control population and slums were destroyed to end poverty. These were just some of the reasons why the country had to panic.

More importantly, our public institutions failed to work effectively. This claim seems to run counter to the dominant argument that the emergency, despite all its issues, made public institutions “work”. Trains ran on time, government offices worked on time- India’s institutions for the first time was working efficiently. Perhaps the problem is with our urban middle-class understanding of what constitutes the proper working of a public institution. The truth is that during emergency, judiciary, parliament, police force and every other institution responsible for keeping the conscience of the state shamefully and remorselessly failed the people of India. 

The Supreme Court in the Habeas Corpus case ruled that the fundamental rights of a person can be suspended, the parliament without any deliberation passed laws and constitutional amendments that further strengthened the authoritarian power of the executive, the police force worked as government goons performing the important function of detaining and torturing  anyone who dared speak out against the government. Can we still say that our public institutions worked well?

35 years later, our memory of the emergency has faded. The saddest chapter of Indian democracy should not be conveniently forgotten when it still raises questions relevant for Indian Democracy today. Does some of the features of the emergency era still exist in unofficial forms? Does the judiciary and parliament have the faculty to be a check on arbitrary executive action?  Can such an emergency repeat itself in India any time in the near future? 

When we hear of preventive detention and police atrocities today, one wonders whether the state ever got out of its emergency mindset. The parliament with its anti-defection law often works like a whipocracy of the executive. Despite many criticisms, the judiciary seems to be an institution that offers some hope against government barbarity.     

Regarding the question whether the emergency can be repeated, the 44th constitutional amendment ensured that emergency cannot be declared that easily. However the emergency provision remains and any tyrant may again alter the constitution in such a way that ensures whatever he/she does is right. The question is hence regarding the response of the people. Will our public institutions, media and civil society be just onlookers of government atrocities like the last time? 

However, the emergency also saw a few individuals oppose the might of the government. JP Narayan and many opposition leaders never stopped speaking against the government, Justice HR Khanna had the courage to be the sole judge who ruled that civil liberties cannot be suspended and Ramnath Goenka and Kuldip Nayar made Indian Express truly “journalism of courage”. With enough people to draw inspiration from, let us pledge that we will oppose any executive action that resembles the dark period of the emergency.

A student of law should always prepare his case pointwise keeping in mind the law on the particular subject. Irrelevant material and unwanted talks should be avoided. Generally a case involves a single important question, which should be kept in mind. Your pleadings and arguments should be brief but unambiguous and well supported by legal provisions and rulings on the subject. Before starting to come on the facts or law of a case use such a phrase or circumstances in favour of your client, well connected with your case, which may change psychology of the judge in favour of your case.
Many a times it is noticed that an advocate well prepares his case but fails to take note of his opponents case or give a suitable reply. It is all the more necessary to gather before hand all the necessary information from your client and other sources, about the case of your adversary. It is necessary to know as to how you are going to meet the case of opposite party.
You always owe a duty not only to the court and your client but also to the members of the Bar and public agencies, therefore you are advised to go through the provisions of the Advocate Act and follow them in your life.
Generally, the profession of advocates are abused for adopting unfair means and cheating their client. Such an attitude may ruin your carrier in future and may land you in trouble. You are therefore adviced to be fair, sincere and honest in your dealing with every one. In so doing you will be able to winover the court, the client and even your adversary.

The youngsters in this profession must bear in mind that it would be harmful for them to depend on touts and even remain dependent on their seniors for a long time. In most of the cases it is seen that the seniors do not allow their juniors to conduct easy cases where winning a case is guaranteed. They exploit the labour and intelligence of their juniors and prevent them by applying allsort of pressure tactics to keep them under their sway. The newcomer therefore should be cautious while selecting a senior for their help. They should also carefully plan to select a special branch for their practice and should not indulge in a branch which does not suit their taste and do not attract clintage.
If a senior does not pay sufficient amount for maintenance to a junior then the junior must keep in mind to remain financially sound from other sources for his livlyhood, at least for five years or so. He should collect all types of formats of pleadings and applications and prepare notes of rulings on different subjects and learn carefully the art of drafting. Frequent changes in rules and regulations are also required to be noted. In the beginning no big library can be maintained but basic law books with commentries of eminent authors must be purchased. Collection of every information through computer networking can be cheaper and most helpful. Even when no work is left in a day with you, make it a habit to attend court every day and carefully watch the proceedings of the court and note the specialities of senior counsel which influence and convince the mind of the judges. The art of cross examining a witness is another important factor to make a successful lawyer. Remember that the good conduct to the court and even to the witnesses of other sides is always helpful in a long run. Patience and coolmindness even in adverse circumstances, will always give you an edge over your adversary.

The modern judicial system was not known to India, before advance of the British. Before it, most of the cases were settled either by the community itself or by an officer of the state, who acted for and against of a party to impart a fair justice. However, in British system also assistance of a pleader to a party was considered as a benevolent act, in the beginning. As the days passed on pleading for a party has become purely professional and the ethics behind it has faded into background. Now a days the fate of a litigating party mostly hangs on the skill, tactics and maneuvering of his Counsel. No doubt, there are few exceptions to it, still the ability of an advocate to push forward the case of his client, depends on his handling the affairs of the court. Where profession of the pleading is carried through generations, there is no difficulty in getting clients, but for a new comer it is very very difficult to establish his hold. In such a situation his only hope is hard work and getting the protection of a good senior

It is said that today the power lies with the associations. We should therefore develop the habit of selfless service to others and associate with the associations doing service in various fields. This habit can help us during troubles.
There is yet a spiritual cause behind every trouble which can be counter balanced by thinking in a spiritual way. First, the position of stars may turn the table against us and second, our own misdeeds may take a shape of dispute against us. So, while facing a trouble don’t blame the others personally for the wrong done to you and try to understand your own fault and remove your egoistic tendencies. The prayer with repentance is the best and easiest cure of every trouble in life.
But spiritual thinking does not mean that you will abandon all the efforts to protect yourself. It does not mean a cowardice thinking but becoming bold enough to face the truth. Sometimes while fighting a wicked and treacherous person, you may have to adopt unethical means, but while so doing it has to be seen that no illegal methods are adopted against your adversary, otherwise it may land you in another trouble.
Broadly speaking the disputes can be divided into two categories:- Civil and Criminal. Civil disputes may be subdivided as individual cases or the cases pertaining to a company, corporate body or any other institutions. In criminal side, it may relate to some offence which requires prosecution in a criminal court or imposition of a simple penality for breach of a rule. In civil side, there is also specialization of cases, courts and tribunals, requiring expert opinion. For example, there are different tribunals dealing with income tax, sales tax, excise, customs, company affair, work contracts, service matters, Labour courts, revenue board, consumers redressal forum and transport authorities etc. Many of these tribunals have power to impose penality and grant compensation or other relief according to law governing their respective jurisdiction. The general civil courts deals with cases of property and personal rights. There are also separate family courts dealing with matrimonial cases and maintence of neglected spouse. Then there are appellate courts, generally known as the court of District Judge. In most of the states the District Judge also deals with grevious offences, like rape, murder and decoity in his capacity as sessions judge, while other offences are tried by judicial magistrates and appeal against such cases lies to the Sessions Judge. The civil courts are governed by Civil Procedure Code, while criminal courts are goverened by Criminal Procedure Code. At village level, some civil and criminal powers have also been deligated to panchayats, under different laws enacted by different states.
High Court, in a state is the highest court to hear appeal both in civil and criminal matters, besides hearing appeal or revision against orders passed by different tribunals working under its jurisdiction. The High Court under its constitutional power grants writs to protect fundamental rights of the citizens and examine valadity of laws passed by the legislatures. Its rulings are to be followed by all subordinate courts and tribunals operating in a state.
The Supreme Court has jurisdiction over all the High Court’s and national commissions of the country and it has power to examine any law passed by the Parliament or State legislatures. It can protect fundamental rights throughout the country and grant any relief in public interest. Its rulings are binding on all the High Courts, tribunals and national commissions.
Although in case of serious offences police report has to be lodged without delay in the nearest police station or where the offence is committed, however in other matters of petty nature attempts should be made to settle the disputes amicably. Insofar as the disputes of civil nature are concerned it may require first to collect necessary documentary evidence and experts legal opinion. For obtaining information at government level recouorse may be had to the provisions of the Right to Information Act 2005, under which the Centre and State governments have appointed Public Information Officers in every department. In case of their failure to act within 30 days appeal can be filed against their inaction within 30 days to the appellant authority of the same department. There is also provision of second appeal within 90 days to the Central or State Chief Information Commissioner, who has power to impose penality upto Rs. 25,000/- on the defaulting Public Information Officer. This right to information extends to inspect documents, record or manuscript or obtaining its certified copy, which include taking certified sample of material and prints of computer device.
The Government has also established many agencies for settlement of disputes at an early stage. For example, the police department tries to settle minor disputes between husband and wife. Woman Commission looks after the atrocities committed against ladies. Human Rights Commission deals with various types of breaches committed against human rights or atrocities. At village level panchayats have rights to settle and investigate minor disputes. Similarly, so many non-governmental organisations (NGO) take up the cases of different types and provide their free services to individuals or group of individuals who are unable to defend themselves. The states have also established legal aid authorities at different levels to provide free legal aid to poor person, which includes free councel and bearing litigation expenses.
Here it is also felt necessary to sound a word of warning to a litigant or any aggrieved person about a net of touts operating in and around every helping agency, either governmental or non-governmental. So is the case in choosing a right counsel. In this respect, prior and full information should be obtained about the person or agency of which we are seeking help. Invention of information technology can prove of immense help in this respect. From so many web-sites you can have online correct informations about different agencies and organizations, who can help you in your hour of crisis.
After filing a case before a court or tribunal you can also have the correct information about the position of your case, date fixed or order passed through computer networking. In case of your aggrievence or complaint about any employee or counsel you can sent it through e-mail to the higher authorities or can get necessary guidance in this respect.
Gone are the days when a senior advocate assisted by an army of the juniors and possessing a huge library of law books was considered necessary for winning a case. Now, with the development of the information technology and vast changes introduced in the field of law, youngsters are considered a better choice. So much so that the students of law in five years course are even selected by big business houses, during their study. Since the entire literature of law, law book and latest judgements of Supreme Court and various High Courts are readly available online in a computer or laptop, the maintenance of a huge library and staff has become redundant. Intelligent young advocate can provide more time, information and assistance and can be affordable to a middle class litigant. Unfortunately, even the truthful cases are lost today, because of various reasons. Chief among them is the fear and insecurity in the mind of those, who are willing to support a right person. On the otherhand wicked and anti social elements get support even from the state agencies involved at the early stage of a dispute. However, here also the person fighting a right cause, need not to loose his heart, because India is a holy land of Rama-Krishna and Mahatma Gandhi, where people ultimately come forward and unite for a right cause. Still the satruggle for truth is hard and requires much patience. Such a struggle has to be fought with purety of means and Gandhian way of non-violence and satyagrah. It is wrong to say that Gandhian means and ways to fight for truth are impracticable, as we see even today in so many cases that the truth is ultimately upheld.
Print and electric media is another strong mode to work for good or bad purposes. They are mostly controlled by capitalists and influencial politicians. Still there are certain news papers and T.V. channels which aims at social good and then there are also rival groups between themselves. In case if your case is based on truth or you are going to be falsely implicated under some conspiracy, you may expose your opponent through such media or agency. A press club can be approached in every big city, where you can lodge your complaint and request the media channel to take your cause to public or divert the state machinery to investigate your case effectively.

The following poem is inspired by those Government Officials who strive hard in hostile environs, wherein 'corruption and bad governance' is the name of the game! I have been particularly inspired by Justice Hegde, whose recent resignation from the post of Lokayukta has opened up a hornet's nest. My other inspirations include my parents (both of who are honest Government Officials), Napster's latest blog post on law students and DisplacedBong's cynical yet highly engaging take on Govt. Officials (Civil Servants in particular).

* The Statements in Italics are spoken by the Boss in 'Hindi'. For those who are not familiar with the language, a loose translation is given underneath.

Read on... I hope you enjoy it!

Honest Govt. Official: ENDANGERED SPECIE

"Who are you?" asked the shrewd superior.

"An Honest Government Official", said he.

A smile broke across the the boss's tough exterior,

"Aise mazaak kyun karte hain, ji!"

(What kind of a joke is this?)

He had grown up in an honest village home.

His family did, in him, great courage hone!

He understood the plight of the deprived masses!

After all, he'd grown up on broken promises.

Like everything else, it started with a vision!

He dreamed of challenging this rot one day.

His toil paid off when he cleared the examination.

Ahead of him, his Government Office lay.

He was in the right, Corruption he would fight;

Yet his boss questioned his integrity.

The boss encouraged the bribe, with that stinging jibe:

"Aise Mazaak kyun karte hain, ji?"

(What kind of a joke is this?)

It was his very first day of Government work.

He was now part of a rotting system.

Where at every corner a hungry shark did lurk,

And abiding the law was against the dictum!

When the wealthy businessman stepped in,

He brought along his bunch of fake papers.

But with it, came big wads of green!

Franklin and Lincoln waited for his signatures!

The Bribe was the easy way out,

But he couldn't give up now, could he?

His Boss warned of transfers and political clout:

"Ab mazaak karna chod bhi do ji!"

(It's about time you put an end to this joke)

He was now in the heat of battle!

He would prove he was the people's saviour.

His honesty could, by mere threats, not be rattled.

Having studied law, he looked to the Laws of 'Labour'.

While his colleagues avoided this raging battle,

And did in the process, their wealthy coffers fill.

He soldiered on, bearing Truth's heavy mantle;

He would try and bring corruption to a stand-still!

Unaware of his plans to name and shame,

The boss soldiered on like a busy bee.

As if mocking his tireless efforts, he claimed:

"Tumhaari mazaak karne ki aadat kab jayegi?"

(When will you put an end to your habitual jokes?)

The village boy had grown into an honest man.

The respected Lokayukta did hear from him.

The Whistleblower's Protection Act sheltered his clan;

While the corrupt faced a future grim!

Political Clout did play its part,

But the Judge did know his duty well!

Defending his wrongdoing, the Boss couldn't start.

Honesty had won! The Cat was belled!

As the corrupt boss was whisked away:

"Dekh loonga tujhe" (I'll make sure you suffer), he shouted in agony!

To this the Honest Official retorted:

"AISE MAZAAK KYUN KARTE HAIN JI?"

(What kind of a joke is this?)

A very intelligent acquaintance had once told me, “The reason why you want to become a lawyer and the things you do after becoming a lawyer are mostly different.”

Mostly people decide they want to do law ‘to serve the society’. It is indeed a very noble thought and definitely a strong motive to join a course. What happens after you pass out? You look for money and recognition and more money. The ideal thoughts that got you into the course are nowhere to be found.

Hell! It has even happened to me. I wanted to get a law degree because I thought I would be doing something for the society after I pass out. Helping people get ‘justice’. Improve people’s lives. I thought I would intern at places that matter, which affects the society directly. I will make a difference.

 I am still studying and it seems I am already too far away from my dream. All I am worried about right now is CGPA, Moots, Conferences and Seminars, Recruitment and what not. Where did the old me disappear? The one who would give a damn.

I do not care about Human rights, Legal rights or Legal Aid. I don’t care if people suffer just because they don’t know their rights. I have become insensitive. I have become selfish. I have become greedy.

I have already completed a few years in college and so all my acquaintances think that I am a career councillor when it comes to choosing a law as a career and then choosing a law school. All the above things came to my mind when I asked a young aspiring law student why she wanted to get a law degree. She had come to learn things from me but instead taught me something.

I would like to quote another friend, “See I took up law because I'm one of those freaks who say that we should change India, change the system etc. etc.”

After this incident, I have changed. I am trying to go back to the ‘old me’.

The question is not if I will be successful, it is whether I tried or not.

Hiranymayen patren Satyasyapi hitam mukham.Tatavam pushanpa branu satya dharmay darstay.(Truth is hidden by a golden lid. Oh Protector you open it for me to perceive Satyadharma.)

Mahatma Gandhi defined Truth as a religion and synonymous to God but truth is not only a means but also an end of human life.

It is truth which control life and maintains security among different warring, camps of the human society.

However, in practice it is seen that a person expects truth and good conduct from others, while himself indulge in causing harm to others in various ways. It is in order to check the practice that the State was created and the agency through which it’s laws (satydharm) are enforced is called court.

The complicated modern life and various developments of science has rendered it most difficult to get justice for a wrong done in personal life. The more become the laws, easier become to break them. The good is plundered and the bad is enjoying it at the cost of the state.

It is because the truth and honesty is not taught in educational institutions and there is scarcity of good and honest leader, administrators and judges to manage the affairs of the state.

Even otherwise, ignorance in making proper management of judicial system is also an important factor which causes failure or delay in getting justice. It is at three stages that the guide lines are required to mend the judicial system. First, at the personal stage, when a dispute arises. Second, when a counsel is required and third, when steps are taken to redress a grievance in a court of law. We have, therefore divided this subject in three parts - for common man, for a pleader and for judges

It seems that the woes of production houses and television channels are not going to end anytime soon. In a judgment delivered yesterday, the United States District Court for the Southern District of New York held that YouTube was protected by the “safe harbor” provision for service providers in spite of the fact that almost every other song or video is available for viewing on YouTube. YouTube was acquired by Google for a staggering $1.7 billion but can it be said that its value was built largely on the unauthorized appropriation and exploitation of copyrighted works belonging to others, – at least Viacom thinks so!

In its complaint filed on March 13, 2007, Viacom alleged that YouTube knew and intended that a substantial amount of the content on the YouTube site consisted of unlicensed infringing copies of copyrighted works and had done little or nothing to prevent this massive infringement. With respect to YouTube’s duty to remove copyrighted material, Viacom argued that YouTube proactively reviews and removes pornographic videos from its library, but refuses to do the same thing for videos that obviously infringe Plaintiffs’ copyrights.

It is to be noted that the American Society of Composers, Authors and Publishers, Broadcast Music, Inc., Sesac, Inc., Disney Enterprises, Inc., NBN Universal, Inc., Warner Bros. Entertainment Inc., Association of American Publishers, Center for the Rule o f Law and a few others had filed an amicus brief in support of Viacom’s complaint against YouTube whereas Ebay Inc., Facebook, Inc., Interactive Corp, and Yahoo! Inc. had filed amicus briefs supporting the position of YouTube and Google in this case.

On April 30 2007, YouTube filed its response and argued that Viacom was trying to challenge the careful balance created by Congress when it enacted the Digital Millennium Copyright Act. All claims made by Viacom with respect to primary or secondary copyright infringement were refuted by YouTube and it moved for summary judgment. In that motion, YouTube even outlined the public service it had been doing by affording political candidates and elected officials a new way to communicate with the public; enabling first-hand reporting from war zones and from inside repressive regimes; allowing unknown performers, filmmakers, and artists to rise to worldwide fame; inspiring laughter at the antics of dancing babies and skateboarding dogs; letting students of all ages audit classes at leading universities; and giving creators of all sorts a powerful new way to promote their work to a global audience. Taking the ball back to Viacom’s court, YouTube alleged that Viacom had previously authorized many clips to be on YouTube and were now suing for hosting the same.

Section 512(c) of the DMCA sets out the safe harbor applicable to Internet sites hosting user-submitted content and it was argued that YouTube, which had pioneered efforts to protect copyright while maintaining an open environment for creative, political, and personal expression, was exactly the kind of service that Section 512(c) was enacted to protect. The motion for summary judgment read:

“At the heart of the safe harbor was a notice-and-takedown procedure that required cooperation between content owners and service providers. To claim the safe harbor, a service provider like YouTube must remove purportedly infringing materials when notified of their existence and location on its service. This regime gives copyright holders a quick and efficient way to stop any misuse of their content, while protecting service providers against the fear of crushing liability that could stifle technological innovation and free speech. In this way, the DMCA balances the interests of copyright holders with those of online services and the First Amendment rights of their users.”

The Section 512(c) safe harbor presumptively applies to a service provider that meets the threshold “conditions for eligibility” set out in Section 512(i) and designates an agent to receive “notifications of claimed infringement” (§ 512(c)(2)). The agent’s role is to facilitate the notice-and-takedown regime at the heart of the safe-harbor. Using the procedures described in the statute, copyright holders can avoid a costly and time-consuming judicial process by notifying service providers that certain material stored on their systems is not authorized to be there. § 512(c)(3). The copyright holder must identify the work that it owns and believes to be infringed, identify the location of the allegedly infringing material on the service provider’s system, and certify its claims under penalty of perjury. § 512(c)(3). Service providers in turn must respond expeditiously by taking down or blocking access to that material. § 512(c)(1)(C). The DMCA also gives the users who posted the material subject to a takedown notice an opportunity to contest the copyright-owner’s claim by filing a counter-notice confirming that they have the authority to upload the work in question. § 512(g)(3).

The critical question to be decided in this case was the determination of “actual knowledge” and “facts and circumstances from which infringing activity is apparent” as mentioned in § 512(c)(1)(a)(1) and (2). The Court looked into the legislative history of the provision and noted that the above mentioned phrases described knowledge of specific and identifiable infringement of particular items and not a general awareness or knowledge of prevalence of such activity in general.

Talking about the burden of notifying the infringement, the Court reiterated that the burden of notification under the DMCA was on the copyright owner and could not be shifted to the provider. (See Perfect 10, Inc. v. CCBill Inc. 488 F.3d 1102). The Court also noted that the “safe harbor” protection was unconditional and was not limited to a pro-active provider who took affirmative action to remove infringing activity.

It was held that the DMCA provisions were effectively followed by YouTube as it had removed virtually all the content mentioned in the take down notice sent by Viacom. Summary judgment was granted to YouTube.

While many would argue that this would promote more copyright infringement and work as a legal approval for service providers to turn a blind eye to the same, it needs to be seen that the world at large would suffer in the absence of such services. However, it will be unfortunate if this law is applicable to all kinds of service providers through a straight jacketed formula. Websites providing access to movie torrents, which are again uploaded by individuals, cannot be put with YouTube on the same pedestal. Such cases need to be decided on their individual merit and while the Court seems right in upholding YouTube’s safe harbor protection, judges should look at the nature of the website and the overall content that is available to the users before determining whether availability of copyrighted materials is just a small part of the game or is it the game itself!

Written by: Ashish Arun and Rajni Ghosh

About the Authors: Ashish Arun is the Managing Partner at ORP while Rajni Ghosh is an Associate at ORP

On June 11th, the world witnessed a mind-blowing extravaganza kick-off! The FIFA World Cup 2010!

As Fans thronged the air-ports and streets of the host nation, there was an air of excitement that had never been witnessed at a World Cup before. This was because the World Cup was being hosted in a continent that is home to all human kind. No matter where you hail from, you are, in fact, children of Africa. But what has all this got to do with Law, you may wonder. Well, just like this World Cup brings forth a completely different experience, so too does your life as a law student! Here, I shall acquaint you with some of the queer experiences on display at the World Cup and try to bring out the quaint similarities they may hold with your experiences in  and around Law School!

1. The Vuvuzela:

A 1 metre long plastic trumpet that has become the hallmark of this WC. In the news for the blaring noise it creates that can reach 130 decibels (30 decibels more than a chain-saw). While this instrument gives great glee to the fans who play it, it is absolutely irritating for listeners.

Similarly, your uninitiated Neighbours and Family Friends sound just as irritating as vuvuzelas, when they adopt a deeply irritating and sympathetic tone on hearing of your success in a Law Entrance Exam. These people, who have grown up on fodder that "Engineers and Doctors are the only professionals worth anything', genuinely believe that they are serving a useful cause and passing on wisdom; they are in fact merely causing stress to those who are trying to enjoy their success.

(For Example, I was sympathetically told 'Law is also a viable option, but why didn't you try out for Engineering?' by most of my neighbours.  A good friend of mine was asked if he couldn't clear the PU Exam when he was all set to join one of the Top National Law Schools)

2. The Jabulani:

The Jabulani is the official World Cup Football manufactured by Adidas. It has come in for much criticism with respect to its unpredictable swerve and extremely light weight. Adidas still maintain that the ball is the roundest football ever made and that the fault lies with the players as they have not practiced enough with the football at high altitudes.

Some of your professors in law school do sound very much like Jabulanis don't they? When one enters law school, there is much talk of how qualified a particular law school's professors are or which law school has which reputed professor teaching. Well, reputations count for zilch, just like the Jabulani's. The Jabulani was decorated and brought out as the 'roundest football'. Professors in law schools are decked up similarly, with a huge number of degrees, scholarships and publications. While most of them turn out to be decent if not great; one can not deny the presence of the ocassional Jabulani, who will try to shift the blame of his/her own incompetence onto the students.

(You can come up with examples yourself.)

3. The Calabash:

The Calabash is an African Pot, which is a symbol of hospitality in the continent. The design of the 94,700 capacity 'Soccer City' stadium in Johannesburg has been inspired by this pot.

Just as the Soccer City stadium was a welcome sight to all football enthusiasts on June 11th, the first glimpse of your college is a welcome one. Your results may have come in weeks in advance, but that first glimpse of the hospitable environs of 'your' university is necessary for the news to sink in!

(For Example, My own experience of viewing the NUJS building for the very first time will always remain close to my heart. However, to be fair, it's not the building but the people who make it hospitable. WARNING: There are some who may find their respective buildings too old for their liking (NUJS Students take special note). This correlation doesn't apply to them

4. The French:

In all fairness, the French National Team wasn't expected to do exceptionally well at this World Cup, given the fragile team structure and an eccentric coach. However, crashing out at the group stage after a huge player revolt (Players refused to train and shouted at the Fitness Coach after a player was sent home following a half-time bust up with the manager) is something even the most experienced pundit couldn't have predicted. From now on everyone would do well to take tall French claims with a pinch of salt.

You guessed it! The much-talked-about Law School Rankings published in various newspapers and magazines have turned heads everywhere. Going by previous years' experiences, one should not have expected much in the first place; but now that they are out, the researchers behind them do look a lot like the stubborn and ignorant France Coach Raymond Domenech and the protesting law students resemble the French National Team that boycotted training (This is meant in the best possible way)! My advice to everyone is, please take these rankings with a pinch of salt!

(For Example: Read Legal Poet's Blog on Nitish Saxena. He clearly took these Rankings with a pinch of Salt)

5. The World Cup Trophy:

This is a 36 cm high trophy weighing in at 6.175 kg, and made of solid 18 karat gold. This, to every footballer, is the most glorious prize he could ever get hold of. The biggest stars in the world spend years training with one, single dream: To lift the World Cup. Only World Cup winners and Heads of States of various nations are entitled to lift this trophy (Though an Indian minister, oblivious to this fact, got his taste of glory rather cheaply).

To each his own World Cup! Each of us have our own dreams while entering law school. This is our World Cup Trophy.

Some dream of the lucrative foreign job placement,

some a more homely firm.

some dream of earning enough to pay their rent,

Some look to Litigation to cleanse society's germs.

Some may dream of working from home,

While Legal Poet still dreams of his next poem!

Hence, just as your favourite footballers dedicate their life to that one moment where they can proudly lift thefamed World Cup Trophy, so too must you urge yourselves to lift your own World Cup!

(If you are expecting an example for this one, well... look in the mirror!)

Moot Court

Someday I hope to see this on the front page:

Last summer, I went to Delhi to work with a law firm. In order to save money, I stayed with an old friend of my father who had just come back after spending thirty years in London.

When I arrived, I didn’t see an Indian really. He was a fair man with a British Accent sometimes twinning with his Irish accent, fairly inherited by his marriage of twenty years to an Irish woman. After surviving for nearly ten years with little company in the one of the costliest cities in the world, he decided to return home. It took us a few days to break the ice and before we knew it, we were getting along fabulously. We would spend hours talking about his life in London and how he went there.. I guess it was liberating for him to speak to someone about a life he once had.

Of all our conversations, I will always cherish one the most. When I told him about how I thought my skin colour affected my self-image, he told me the most beautiful thing –  without this tone of your skin, you’d never be half the man you are right now. You are who you are because of your skin colour.

I had never thought of it like that. I had accepted the fact that we Indians loved white skin. We wanted to date fair girls and liked helping white people. I got through school hanging out with a group of boys who were far too nerdy to make friends based on colour. However, the reason I became their friend was because I didn’t understand how we were so shallow. Only the fair boys and girls dated, and the darker kids were participants in a play they had no role.

No matter where I went, racism was systematic and imbibed. I seldom see Indian companies celebrating our dark skin. The only time we even possibly see a dark person on television is when it’s a fairness cream advertisement. And we keep quiet.

Law firms in India clearly lack a non-discrimination policy. Having worked at some of the top law firms across the country, they all seem to lack a diversity policy. No wonder I don’t see many north-east Indians around. Are they really not smart enough to get into these law firms or is the reason something that goes into the Indian Psyche?

There was a movie that Salman Khan acted in some time ago. A cheap copy of Bruce Almighty. In the movie, Salman’s sister doesn’t get any marriage proposals because she is dark. However, when he gets the same powers as God, he makes her fair. Proposals start pouring in from every place on earth. I was disturbed because I knew how this would affect the young minds who would watch this.

Everyday we’re bring conditioned to white skin. And I don’t know how or when we’re going to change. Racism is so imbibed in me that it takes me a moment to judge people of different skin colours objectively. I’m still waiting for a day when we start seeing the pattern in which racism in India functions. Maybe then we’ll have our Brown v. Board of Education of Topeka.

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