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19 October 2010
News and current affairs

 

Riaz Sonawala was a successful lawyer. In his mid-forties, he was always impeccably attired, and carried a regal air around him everywhere he went. He was suave, sophisticated, and had a baritone voice which inspired the awe of the people watching him. He was a self made man, lived in a posh locality, and was proud of his latest acquisition, a Rolls Royce – Phantom. His clients included the whos who among politicians, industrialists, and celebrities. Whenever one of them got into any trouble, the chances are that they would contact Riaz. And why not? Riaz always got them out of trouble, often earning a sneer from jealous contemporaries in the profession.

 

Among the more sensational matters Riaz was handling was the defense of a former senior cabinet minister exposed in a sting operation. The minister had allegedly sought five acres of prime land in an SEZ zone for approving a multinational’s mega investment project in the state. It was rumored that the investment was the largest ever, and would generate 20,000 jobs over the next two years. The minister was caught red handed by a television film crew, posing as representatives of the multinational, when he demanded that five acres of the land allotted to the multinational be transferred to a sham company that he had set up. Following an enquiry, the minister was dropped from the cabinet, and had criminal proceedings instituted against him, which were pending before the I Class Magistrate.

 

Riaz knew that the entire media was following the story. Trial was over and the judgment reserved. But Riaz was a worried man. Only two days ago, he tried using his most potent “winning formula” to succeed – of sending a generous “gift” to the Magistrate. “Rupees one crore!! He’s probably never seen so much money in his life,” thought Riaz. That was right. The Magistrate had indeed not seen so much money ever – and did not want to. The Magistrate was an honest, unsung hero, who took no nonsense from anyone. He refused the “gift” and shot a letter to the Chief Justice complaining about Riaz. Riaz knew that contempt proceedings would soon be initiated against him. His hollow lawyering skills would soon be exposed and he would stand shamed before the world.

 

Riaz went to bed that night, praying fervently that the inevitable somehow does not happen. “Oh, God!! Please save me,” he prayed. “I promise to change my ways.”

 

--------------------------

 

Adit was Riaz’s son. Four years ago, he had completed his schooling in one of the most elite and expensive private schools in the country. Though Adit was an expert in computers and networking, Riaz wanted his son to be a lawyer. Adit obtained admission in a national law school, 600 kilometers away from home. Adit was too happy to join and be away from his parents. It gave him the freedom to be himself. Though not exceptional in academics, Adit had managed to clear three years in law school without major hiccups. It was in his fourth year that troubles began. Unknown to his parents, Adit was depressed. He had a failed affair, rejected by a girl whom he thought the world of. His grades began to fall. He had failed in three courses in the semester, and had to write the repeat exams. If he failed again, he would lose a year. The repeat exams were a week away, and no matter how much Adit tried, he just could not get himself to study. He knew how much clearing the exams meant to his father, and dreaded the thought of losing a year – which now seemed inevitable.

 

Feeling defeated, lost, and depressed, Adit was now getting desperate. Suddenly a brainwave stuck him. Adit saw light at the end of the tunnel. Bright light!! “Why on earth didn’t I think of it before,” thought Adit – congratulating himself. “I need to be careful, though.”

Adit’s plan was simple and he was confident of its success. Being an expert at computer networking, Adit had also picked up hacking skills. His plan was to hack into his professors’ computers and access the question papers. Once he could “lay his hands” on the question papers, the rest would be easy. Adit set about his task. He needed help though. He decided to contact his good friend from school – Sunil – studying computer networking at a premier engineering college.

While trying to contact Sunil, Adit committed a huge mistake. He emailed Sunil using his law school e-mail id., not knowing that mails were secretly tracked by the law school administrator. The administrator alerted the Examination-in-Charge, and they laid a trap for Adit. They let Adit communicate with Sunil, and once Adit broke into the professors’ computers with Sunil’s remote help, they blew his lid. Adit was trapped, and had nowhere to go. He was summoned by the Director, whom he had to meet tomorrow.

Adit knew that he may now not just lose a year – but may be expelled from law school itself.

Adit went to bed that night, weeping like a kid, dreading what would happen tomorrow. He prayed fervently. “Oh God, get me out of this mess. I promise to study hard, and be honest henceforth. Please don’t let my father know.”

--------------------------

 

Shireen was Riaz’s wife. Her only grouse against her husband was that he worked too hard, and spent little time with her and the family. Shireen led an active social life and was often featured in page 3 gossip columns. She always wore designer clothes and was extremely conscious of her looks and the way she dressed. With her husband making enough money, she never had the necessity to earn. She looked atleast 10 years younger that what she was, and it was becoming an embarrassment for her to tell others that she had a son who was studying to be a lawyer.

Unknown to Riaz, Shireen had grown extremely friendly with one of Riaz’s more prominent clients, Arjun, a successful builder. Arjun was 50, the toast of the construction industry, and had projects in every major city. Riaz had introduced Shireen to Arjun just three months ago, when Shireen was thinking of purchasing a pent-house because she “liked the idea of owning one.” Being a prestigious client, Arjun personally accosted Shireen to his major projects. A divorcee, Arjun took very little time in getting attracted to her. Shireen enjoyed the harmless flirting at first, and was in awe of Arjun as he boasted of his riches. In fact Arjun once flew Shireen to another city in his private jet so that they could see his apartment complex under construction there. They were back in the evening, and Riaz was not even aware of his wife’s trip to another city, eight hundred kilometers away.

For the past two days, Shireen was an extremely worried woman. She was two months pregnant, carrying Arjun’s child. “How could I be so stupid?” moaned Shireen. “Damn it, I have a 20 year old son!” She dreaded thinking of the repercussions this news would have if the press got wind of it. “I have to do something, quick!!”

Shireen confided in her close friend, a Gynecologist working in London. They made a plan. Shireen would go to London on a holiday, and have her pregnancy terminated there. It would be all hush, hush and nobody would know.

Shireen went to bed that night, extremely tense. She prayed. “Oh God, please save me! I promise to be faithful to my husband forever and never meet Arjun again. Save me please!!”

--------------------------

Krishna was Riaz’s clerk. Krishna’s father, Prabhu, worked as a Jamedar (Doorkeeper) in the High Court. Prabhu had studied upto class 8, and did not want his son to follow his footsteps. Working at the High Court, Prabhu had seen hundreds of lawyers over the years, and his life’s biggest dream was to see his son be a lawyer too. Nobody in Prabhu’s immediate or extended family had studied beyond high school, but that did not deter Prabhu from egging his son to study law. He sent Krishna to a local government school, where Krishna struggled to pass and scraped through his class 10 exams scoring 41 percent. Krishna opted for the Arts stream and joined a local junior college. Two years later, Prabhu’s joy new bounds when his son passed his pre-university course. Krishna had fared slightly better this time, scoring 46 percent, but that was enough for his dad to be proud of his son.

Studying in a national law school was out of question for Krishna. He did not even attempt their entrance exams. His grades were not good enough to secure admission in the other reputed non national law schools either. Prabhu did not give up. There was nothing that would stop his son from studying law. Prabhu approached a senior judge in the High Court seeking a recommendation for his son’s admission to Krantiveer Rani Kittur Chennama Law College, where the judge was a patron. Having known Prabhu over the years, the judge obliged, and the rest was easy. It did not matter that among the 900 odd law colleges in India, Krantiveer Rani Kittur Chennama Law College ranked perhaps among the bottom 50.

After getting his son enrolled in a law college, Prabhu boasted of his son to the other Jamedars in the High court, who were only too happy for Krishna. All of them pooled in money and bought a gift for Krishna, something that he had never used before. A pair of shining black shoes.

On his part, Krishna did not want to disappoint his dad. His mind was set in completing the law course and fulfilling his father’s dream. After attending classes for the first few days, Krishna however realized that attending college was futile. He learned nothing. Rather, he was taught nothing. That’s when his father again pulled a few strings and got his son to work as a clerk in Riaz’s office. “It does not matter if you are not paid,” Prabhu told his son. “Just work in Saab’s office for five years, and learn all you can. After five years, you will be better than most lawyers entering the profession.”

From then on, every single day, Krishna lived his father’s dream. Within two years, Krishna had become familiar with the court system, and new words like “affidavit,” “caveat,” “injunction,” “bail,” etc. became a part of his everyday vocabulary. He became an expert in the court filing process, and was familiar with registration of documents before the sub-registrar. Because Krishna was sometimes used as a conduit to deliver money on behalf of his senior, he also learnt about the more seamy side of Riaz’s practice. “I’m going to be different,” Krishna always told himself. “I do not want a posh house, or an expensive car.”

As in school, Krishna just about managed to clear his exams, more often than not, securing the bare minimum passing marks. His scores however did not matter. The fact that he passed did. He now had only three more years to go before becoming a lawyer!

Krishna was religious too. He went to bed every night with a simple prayer. “Thank you God, not just for who I am, but also for who I am not.”

 

 

 

 

18 October 2010
News and current affairs

 

Do homosexuals belong to the race of humans?

Do they belong to the race of humans? Where in the world are they going to build a dignified life? If they are not the biological male or female, what are they? Homosexuals or LGBTs (lesbian, gay, bisexual, transsexual) as they are called are no new term to be unknown. It is an undenying fact that they too have a body like any other normal human has; they too have a soul and a heart that carries them away to fall for the same sex attraction. It’s the modern-educated society we live in and we all talk about rights, rights about a free life with the Constitution being the guarantor. Yes, we declare to live in a free country; but when we give a keen eye to the cliché of its precincts we are no lesser then in a dungeon. We are trapped in our own freedom with defined restrictions.

The cult in which we are borned and brought up has hardly given us any independence as to the right to choose our own spouse. The Indian society has faith in arranged marriage of a kind which is fixed by the consent of the elders of a family. Such a fashion could be seen prevalent in the rustic sides of the country till date. But the scene has undergone a slight change in the metropolitan cities with the enhancement in each ways as to education and living standards. The matter to be noted in this new advent is “Where the timeworn system restricts whilst choosing ones partner even in the opposite sex marriage, accepting the wedlock of same sex marriage is an irony and a felony to the society”.

When acceptance of the concept is a great taboo to talk about, what will be the outcome when one is under such a commitment? What a life with repeated hounds by the society would be but to succumb his identity to a veiled persona. A body with no identity and a dead soul is a life for them. A regular person like me can only see where they are being ridiculed and later out-casted and sometimes even killed in the name of bare honor. The minority of the masses is where they belong, but minorities also share the same Rule of law and the same roof of government as we. However, it is the vicinity of giving a rightful recognition where they are collected as an ‘unidentified object’. If they had ever been considered as a soulful being, they would have had their rightful rights as a human and as a gender. The query which seems reasonable to be put up is ‘Why not the homosexuals are be recognized as our fellow beings?’

Gay rights are recognized in some parts, but denied and counted as criminal act in many parts of the world community. India is one lagging behind to accepting them and regards them as a taboo to the society. The traditional uproot has still been taking its toll reckoning the aged-old followings. This is the main reason why they fear to tell about their sexual orientation and hesitate to clear their entirety.

Section 377 of the Indian Penal Code criminalizes any non natural sexual relation.  It has been considered as a punishable offence with imprisonment for life, or with imprisonment of either description for term which may extend to ten years, and shall also liable to be fined. In the famous Naz Foundation (India) Trust case, 2009 the Indian law on this aspect has decriminalized homosexuality. The Delhi High Court ruled in this case that treating consensual gay sex as a crime was an infringement of fundamental rights protected by the Constitution.

In the month of February this year (2010), a professor was suspended for having consensual sex with another man in the Aligarh Muslim University. This is the famous University with glorious history and present. The societal strain leaves in most of the cases like this the ultimate choice to meet the fate. He was later found dead in his room.

 Not later after this in March, a gay couple in Manipur publicly declared to get married. Sandip Soibam, the 25 year old groom exchanged ring with Nikhil Hidangmayum, the 28 years old bride knotting their 6 years old courtship. The parents of both the bride and the groom did not attend the wedding clearing that their own family disowns such recognition. But a number of transvestites graced their presence in the wedding blessing the couple indicating that only a transvestite understands another of its kind.

The said marriage between Nikhil and Sandip lasted only a budge. They were pressurized to withdraw their marriage not very later. This is not the first time that a gay marriage has been reported in the small state of Manipur. There are many more unnoticed same sex marriages in this tiny state only. Those marriages took place though not with as many public attention as that of Nikhil and Sandip. Nevertheless they share the same societal pressure which won’t let them live a happy life together, the spite being their own community i.e. we ourselves.

The detractor scrutinizing their lives is not only the public, but from all the spheres of facet. If we see the story angling the issue from law point of view, then there was never a marriage between them. The Delhi High Court order has given legality to consensual sex between same sex adult partners, but never has it been referred that same sex marriage as a part of Naz Foundation Trust case, or a judge-made law in India. Even if the marriage is assumed to be lawful, there is a bar to their union from another edge. The gay couple belongs to the Meitei Community; hence by law the way of solemnization of the marriage was void ab initio.  The Meiteis are governed by the customary marriage laws. There was never a valid wedding between them. They exchanged rings in a way a Christian wedding is being celebrated. It was seen in some of the leading newspapers of India with headline “The Gay Marriage Ended in Divorce”. The question that popped up inside me was that how could a marriage that never happen end up in a divorce?

We (humans) are the race which has the sensibility to think smart, work for good and development. We in all parts of the humankind declare ourselves to be a rational and social animal. This declaration serves only a bare fragment of imagination, and is alike putting up a transparent veil on one’s eyes and knowingly not accepting one’s another self.

The people in the globe have different cultural backgrounds, but this doesn’t make us to be an entirely different entity. As all humans are same every where in the world, why are laws that are being applied to them different from the rest of mankind? Why are homosexuals still unheard of even when their outcry is the same far and wide? Or is it that the experts of the world’s largest democracy deaf and blind?

 

16 October 2010
News and current affairs

Non Compliance to Court Orders is a broad day light reality. Even courts have shown inability to monitor implementation of their Orders. In this background I write this blog.

 

 

The Plaintiff / Petitioner / Defendant / Respondents / Complainant / Opposite Party may insert a clause in the Prayers- "Judgment debtors shall file an Affidavit of Compliance with a copy being served to the Judgment holder. The non filing of such Affidavit shall be deemed to have the construction of non-compliance to Court Orders, vulnerable to Contempt of the Court”.

 

 

Alternatively or simultaneously, the Courts, in all Litigations involving Appellant/ Respondents as Govt/any Public Authority, under Article 226 or 32 or 136 or Otherwise, while passing Orders, interim or final may direct-

 

"Appellant/Respondents Govt/ Public Authority shall update their website about Court's directions so given and action taken in pursuant thereof; as long as the Appellant's/ Respondent's website doesn't show up details of action taken, non compliance of Court Orders can and should safely be presumed and be alleged." The regular updating of website will secure the monitoring of continuous mandamus.

 

 

 

From,

Sandeep Jalan (advocate)

Janhit Manch,

Kuber Bhuvan,

Bajaj Road,

Vile Parle West,

Mumbai – 400056.

 

 

04 October 2010
News and current affairs

As Sanjay walked across the corridor,past the judges' chambers and into the courtroom, he couldn't help but steal a glance at all the lesser men who were in awe of him.His scintillating lawyering had bedazzled the bench and his opponents alike,and it was time for the verdict.Even as the verdict was being read out, he was overwhelmed with pride- and justifiably so - he had successfully prosecuted the most dreaded criminal of the times.Once the proceedings were over, he walked out of the now clamorous courtroom , and was approached by a starstruck junior when  - PONK! - the piece of chalk thrown at him by the professor had done its job.He woke  up with a start , only to realize that he had dozed off in the middle of the jurisprudence lecture. 

 " You are the dirtiest fellow in this class, I say!"

"Sir,I'm sorr-"

"Get out you dirty mongrel!"

 Insulted,he left quietly,and walked backed to the dormitory,pondering over ways to get even.  "Who does he think he is? H.L.A.Hart? Huh, old fart!"

He had his lunch, and then worked to finish pending projects.He now had all the time in the world to settle scores with the prof. His devious mind conceived many a wicked plan,but none as simple and failsafe as the one he was to execute the following day.

 

After the day's final lecture,he drove to a pay phone not very far away from the campus.

He dialed the prof's number.

"Hello?" the prof croaked at the other end.

"Have you read the Ramayana?"

"Who is this?"

"Yes or no?"

"Yes."

"Do you know Raavana?"

"Who are you,you  rascal?"

"Yes or no?"

"Yes."

"You should.You're his descendant."

"Aaaiy scoouuundrell,I will-"

 "Goodbye."

As he drove back to the campus,he thought to himself:

"At a time when the judiciary deliberates upon the  Birthplace of Lord Rama,His sworn enemy's descendants are doing a fine job of emulating their forefather at Law school." 

02 October 2010
News and current affairs

A brief glimpse into the history of post independent India reveals that there has indeed been a phenomenal transformation in the socio-economic dynamics of country leading to a perceptible enhancement and improvement in the living standards of our people at large. But it is also true that there has been an abysmal decline in ethical and moral values which were once our most cherished attributes.

                There was a time when India was hailed as the land of saints, sages and scholars. But now it has earned the dubious distinction of being a land of seams, scandals, sleaze and swindles in the comity of nations. It appears the more we set higher goals to achieve in the mundane realm, the more we seem to be distancing ourselves from our own souls and we start behaving in a robotic and mechanical manner rather than in a truly humane manner. Our approached to life has changed more to suit our convenience rather than to our conscience. The subtle names of piety, equity and humanity are nowhere to be seen in our day to day life. Self aggrandizement has become the motto of our life, making one’s ends meet whether with fair or foul means is considered to be a rare quality that propels one to success and such person are euphemistically adored as TACTFULL persons.

              It is thus clear that there is something radically wrong with our system that has given rise to such degeneration in our society. No one bothers about the concepts of morality and merit. Money and muscle power instead hold the sway in all walks of our life. This steep perversion in our thinking has provided a very fertile and conducive environment to dishonest, unscrupulous, self serving persons to exploit the situation to the best extent possible to serve their vested interest. Corruption has spread its tentacles so virulently that often it appears difficult, if not impossible to do without it. Whatever be the apparent causes /reasons for the spread of corruption, over the years the menace has grown both horizontly and vertically. Graduating in an endemic way from the pale of a few INDIVIDUALS to the level of INSTITUTIONS, it has adversely affected the very ethos of our society. It is so much ingrained into our body polity that it sounds often anachronistic cribbing about it.

While honesty is an article of ones faith, it has the sterling quality of exclusiveness which inhabits its growth so easily and extra efforts have to be made to locate, assimilate, consolidate and join the ISOTOPS of this precious element in the core of our society. Dishonesty, the main provenance of corruption, on the other hand has the inherent culpebelity of inclusiveness and tendency of cohesiveness which facilitates it to multiply its ranks smoothly in the society. That is the reason why the valued Diaspora of honest persons in the society is not unified or consolidated and is often scattered so wide apart that it is difficult to locate and identify them. Special efforts are made to locate and consolidate them in this vast ocean of humanity brimming with the scrounge of dishonesty and acquisitiveness. This is the root cause of degeneration in our society and unless this issue is addressed to buy all concerned in a dispassionate, expeditious manner, it would result into anarchy. While ever growing surge of dishonesty needs to be curbed by all means, what is all the more important is to attach due premium to HONESTY in our life and accord due respect, honor to the fast vanishing endangered species of honest people in our society. This would have a salutary impact on the psyche of our people and motivate them to adopt HONESTY AS THE BEST POLICY in real sense in their dealings. For this all out social, educational, political efforts are to be made with desired vigour and sincerity.

            But in a country where power hungry leaders are putative to be mostly dishonest and persons of dubious antecedents are PURPOUSLY appointed to high positions to serve their vested interests, they have lost credibility in the esteem of the people at large and it would be simply futile expecting them to  do something worthwhile in this regard.

            A collective WILL of the people alone can now do the much MIRACLE or else we are destined to doom.

  

29 September 2010
News and current affairs

 

Some days back we saw that we are not the only ones who are obsessed with rankings. There are people in this world who rank all the big universities in the world. I can only imagine what kind of discussions their students must be having. I am pretty sure they will not be like the ones we have on LI or other similar websites. 

Is it Indian mentality?

We fight amongst ourselves and keep ourselves so busy that we have no freaking idea of what the other universities are doing. We idolize them. We want to be them but we sure as hell don't act like them, or even try.

Indian University students will fight tooth and nail to prove that his/her university is the best.

For a moment, lets assume that the newly established University NNLU ( Napster National Law University) comes out on top. Majority of the people agree its best among the Law Universities. 

Awesome, right? Wrong. 

Indian Universities are nowhere is the Top 100 or maybe 150 in ANY survey or ranking which comes out. We are not good enough even if we give or take 50 (FIFTY!) by assuming some kind of bias or problem with the judging pattern. 

We are a country of 1 Billion people. Our students are well recognized all over the world. We are considered hard working. 

So my problem is, why in the world do our country's University's get world recognition? 

I personally think its because we do not devote enough time for developing the university. We only defend it against stupid and dumb remarks. Is is all we can do? Is that our only worth? 

Why can't we all stand together? Why can't we work with each other? Why can't we stop accusing and starting appreciating and adopting the good things we have?

Imagine. All the resources and information of all the Universities working in one direction. One positive direction. All the students are friendly with each other, not just in real life but also over the web. 

No brainless comments. No infighting. Just plain progress. 

There is SO much scope for universities to work together. I am not saying there should be no competition. Competition is necessary for development.  I am just saying that this competition should be healthy. 

This can only be done if all the students participate. Each and everyone of us. No one should be left out. Five year or three year. National Law or Traditional. Your or mine. 

Start the revolution. It shall grow on its own.

 

P.S. -  This one's from the heart. :)

Cheers

Napster

 

 

23 September 2010
News and current affairs

Hi Folks !

I am in the fourth year of my painstaking 5yr NLU course. If 5th yr gives everyone the creeps, the rueful fourth gives the jitters. "Rueful" ?? YES ! RUEFUL!

After 3  of your fun and frolicking years in Law school comes the fourth year with a wave of sorrow and regret. Sorrow- to some for leaving the law school and the friends; and to some for the stark realisation of the fact that you are getting old and the best days of your life will only remain as memories (however, i guess such people are few) Regret for apparent reasons: "I could have done well" which is mostly followed by a huge " SIGH..."

Usually the vacations preceding by the fourth year a great. Mine for one went amazingly well! It was like a summer course in introspection. I know a lot of my friends planning with great gusto their career paths, who, after mere 1 month of the beginning of the classes, get engulfed by fear and anxiety. All those bright and happy faces now sit in the corners of the classroom in a stupor of negative thoughts. 

With every new recruitment comes a wave of anxiety among the 4th yrs...(" Yes dear..i am happy that you got selected...look i am smiling my widest smile...but atleast be considerate of my feelings...what will happen to me!! )

Fourth year is like a purgatory you know, to cleanse all the sins of the previous years. 

 

 

21 September 2010
News and current affairs

DEDICATION

TO EVERY PERSON WHO LOVES WHAT HE/SHE DOES

It was Monday and my boss called me. She was an elegant woman who I had come to respect in the last four months of work. Being a woman, I always believed she was more sensitive to the issues at my firm. That thought was about to be broken.

 

In two sentences, in 45 seconds, I was told that I needed to speed up my work. My seniors were happy with the quality of the work but my pace was slowing things down for many people. Mumbai, I was told, was not a place for the weak. As I walked out, I knew that was not a warning but an ultimatum.

 

I didn't feel sorry for myself. I didn't feel sad because I was "slow". I felt unhappy because I was misled. The very reason I joined this firm was because of the emphasis they laid on the quality of work. That, I now felt, was a recruitment gimmick. Did no one here believe that quality precedes quantity?

 

The reason I worked hard was because I wanted to learn. There was a client somewhere who was paying me for my time. I wanted him/her to have the best that I could give. Most of all, if I just did the work for the sake of doing it, I would lose my interest in the work and secondly, I would not learn anything.

 

I have decided that I want to love my job and give it everything I have. If this means I have to be mocked for being slow; so be it. I was in this for the long haul....

17 September 2010
News and current affairs

 

Honor Killing

Man is born free, but in chains.

Jean-Jacques Rousseau


Introduction

The number of love marriages might have gone up in the metros, but the dark reality remains different in villages of many states. To be young and in love has proved to be a nightmare for many young boys and girls, who in the name of “Honor” are being killed that too by their own family members.

Honor Killings or Horror Killings- call them by any name they are just one of other crimes born out of the unholy traditions which survive on the blood of these innocent Romeos and Juliets who dared to marry out of their gotras.

 

History of Honor Killing in India

The history of such killings in India has its roots rooted deep since the time of partition of the country between the years 1947 and 1950 when many women were forcefully killed so that family’s honor could be preserved. The influence of religion and social factors was so high that there was at least one such killing a day; if not more. Thus it can be seen that the partition years along with other evils gave rise to another such fatal practice that haunts our society even today.

Speaking in a seminar on ‘Prevention of honour killings in Sindh’, organised by the Sindh police, Prof Mohammad Wasim Akmal traced the history of honour killings. He blamed the Objectives Resolution (1949) for not letting Quaid-i-Azam Mohammad Ali Jinnah’s dream of a welfare state come true, arguing wherever there was ‘malookiat’, women were ‘commodified’.

 

However it should be noted that Honor Killings is not seen in India only, it carries its dark shades even in countries like

 

Bangladesh, Brazil, Ecuador, Egypt, India, Iran, Iraq, Israel, Italy, Jordan, Morocco,

Pakistan, Sweden, Turkey, Uganda and the United Kingdom.[1]


Why Honor Killing?

 Honor killings are part of a community mentality. Large sections of society share traditional conceptions of family honor and approve of “honor” killings to preserve that honor. Even mothers whose daughters have been killed in the name of honor often condone such violent acts. Convicted killers often speak with defiant pride and without regret about their actions.

  "We do not consider this murder," said Wafik Abu Abseh, a 22-year-old Jordanian woodcutter who committed a so-called honor killing, as his mother, brother and sisters nodded in agreement. "It was like cutting off a finger." Abdel Rahim, a convicted killer who was released after two months, also said he had no regrets. "Honor is more precious than my own flesh and blood”(New York Times).

     ·         Being victims of rape

·         Refusing to marry someone chosen by their family

·         Engaging in premarital sex

·         Having an affair

·         Demanding a divorce, even in an abusive relationship

·         Talking or flirting with an unrelated male

·         Not following a strict dress code

 It is important to note that even the suspicion of a transgression is reason enough to justify a killing.


 Honor Killing – Some Key Facts

 

·         The United Nations Population Fund estimates that 5,000 women are victims of honour killings every year.[2]

.

·         Most honour killings of women occur in Muslim countries, although such murders are not sanctioned in Islamic religion or law.

 

·         Honour killings are likely most pervasive in Pakistan, where they are known as karo-kari. Women are treated as property whilst honour is so deeply entrenched in society, that the government often turns a blind eye to these honour killings.[3] Instead, the murders are reported as suicides or accidents.

 

·         In a study of female murders in Alexandria, Egypt, 47% of the women were killed after the woman had been raped.[4]

 

·         In Jordan and Lebanon, 70-75% of the perpetrators of these honour killings were the women’s brothers.[5]

 

·         In some countries, men who carry out honour killings escape with lesser penalties. In Jordan, honour killings are sanctioned by the law. [3]

 

·         Teenage brothers are often selected to be the executioner as their sentences are generally lighter than those handed down to adults.

 

 Ironically, any Law, no matter how severe it is, will be unable to check these crimes. The reason is –MINDSET that is cemented over, by the divided society of ours. Changing the mindset of the population today is the toughest thing in the world.

 A law might ban the Khap Panchyats or at the most make Honor Killing a non bailable offence punishable with death penalty; but Honor Killing will continue to prevail till we convince people, be it the illiterate village folk or high educated city dwellers, that what they are doing is a sin and an immoral act.

 

 Ankara, Turkey -Ignoring the pleas of his 14-year old daughter to spare her life, Mehmet Halitogullari pulled on a wire wrapped around her neck and strangled her - supposedly to restore the family's honor after she was kidnapped and raped…“I decided to kill her because our honor was dirtied,” the newspaper Sabah quoted the father as saying. “I didn't listen to her pleas, I wrapped the wire around her neck and pulled at it until she died” (The Associated Press).

 

 



[5] UNIFEM. 2002. Regional Scan, Arab Region. Cited in “Culture of Discrimination: A Fact Sheet on ‘Honour’ Killings.” Amnesty International USA.

 

Just a word on a lighter note:-  I have just joined law school, and this is my first research work on any of such topic. 

Do spare me if I have gone wrong any where and yes, Please recommend on how  can this be improved. :)

 

 

 

15 September 2010
News and current affairs

I have been to court numerous times as an intern but when I went to court for the first time as an advocate it was lot different. I was suppose to file a rejoinder and ask the Judge to order the respondent to file the replication to one of the applications which we had filed.  The Judge asked me to argue on the application but I was not aware of it so the Judge was kind enough to give a further date. The most important "Date".

There is a vast difference between going to the court as an intern and going to the court representing someone.Going to the court was more of an picnic as one goes there meets friends who are also interning enjoy the food overhear some cases and came back home with a plan to do a different thing tomorrow.

 

 

 

 

 

 

10 September 2010
News and current affairs

It was finally Friday. After 40 hours of client billable hours inside the “BEST’” LPO in the world, I was desperate to get out of office .As I swiped out with an   extra flourish,   the   cool Bangalore breeze welcomed me outside. Bangalore in early August is a lot like my home town  Silchar in late   January…Refreshing   weather   .  I dashed to my cab which was waiting and off we zoomed. Our cab on a Friday night gets quite animated. Talks of parties and night-clubs dominate discussion. But I was lost in my world...dreaming about life, law  and love..........In Nagawara signal our cab screeched to a halt....Suddenly, my eyes were attracted to a little gal selling toys and flags....Independence day was very close and she was hoping that the pseudo-patriotism that it generates would help her earn a few extra bucks...If only she knew what independence really meant....That little gal had sparkling eyes and was trying her best to attract attention of the techies driving their flashy cars..She was singing Kannada songs to impress......Some waved her off. ...Some shooed her away... ..Some even didnot look at her as they were busy talking to their gal-friends in their black-berries...Their mobile screens are wider than their hearts.......A family driving  a Fortuner was her best bet.... Her  fortune depended on the occupants of the Fortuner......The little gal in rags could give the Management gurus a lesson or two...She ignored the parents and tried to catch the eye-balls of her target audience...The two kids in the car seemed excited on seeing the toys... .I was praying that they buy it....But their fat father refused......As i saw the glint of hope disappearing in the eyes of the little gal, I felt i should buy a toy....If only to make her day....I usually dont carry cash to office...Actually i dont need to...Sodexos take care of my lunch and transport is free....As my hands opened my wallet with hope rather than conviction, i saw a hundred rupee note...I called the gal and said "Toy Doh"....Her eyes shone with hope....And then the signal turned green....In a split second our car had started....God cheated  that little brave gal one more time....I craned my neck out  of my car but she was gone....She had vanished admits the cars.....I had tears in my eyes....May be she had too. The next Monday, when my cab stopped on the same signal, i started   searching for her .But she was not to be seen. An old man with a hump was selling magazines. Perhaps my little gal has moved on to another signal....trying new techniques to sell her toys....singing new songs to impress......

 

07 September 2010
News and current affairs

Doctors, Lawyers and Policemen. All three of them are such important part of the society. Doctors take care of the health. Lawyers see to it that all disputes are settled and policemen maintain discipline. Well, atleast that’s what they are supposed to do.

 

We have always heard how the profession of doctors and lawyers (I must add teachers too) were called ‘noble professions’. They did not do it for money. They did it to serve the society. Monetary gains were secondary. People used to trust them. They were Demi-Gods if I were to exaggerate a bit. Policemen were supposed to be the protectors of the society. They were made to reassure us that there are trained people on our side to protect us from the bad guys.

What happened then?

Policemen are today seen with fear. I mean, for God’s sake, they are for our protection. You don’t need to be afraid of them if you haven’t done anything wrong. The sad fact is, we are afraid. It’s in our psyche. When we are children our parents threatened that they would take us to the police if we did not stop throwing a tantrum in a public place. The fear from the policeman is instilled in our childhood. The first time I read the Indian Evidence Act, I found out that if an accused confesses in police custody to the police officer then also this confession cannot be admitted as evidence in the court of law. I thought to myself, how can you trust someone with a gun and bullets and not trust him to record a confession honestly? I asked my professor. He explained patiently and tried clearing my doubts. He told me that this was done so that the police do not abuse their powers. I am still not totally sure about the reasons he gave. If you have any more convincing ones then please feel free to share them through comments.

Doctors were Gods. Their word on a patient’s condition was supreme. It was not to be disputed. They were the most trustworthy. Nowadays, people are talking about Ethics for doctors. I think that is a topic that need not be explained. If you state what all are the things that a doctor is not supposed to do, then it means that he is free to do all other things. I have heard of cases where doctors have put patients of ventilators after they are dead, just to make a quick buck for the hospital. I have seen them do totally useless tests on patients just so that they can charge the patient for that. I have seen them keep a patient in the hospital because they needed all beds to be full so that the hospital would not face a financial crunch. The cashless system of insurance is a boon for them. Poor insurance companies get ripped off gracefully. Actually, they are also not stupid, they will just increase the amount of premium they charge. Pretty easy for them.

Now comes the turn of lawyers. We recently had a seminar in my university and the topic of discussion was “Whether we should call it the legal profession or the legal industry?” I personally think that it has become an industry. All the legal deals are compared in terms of money. I know it’s a bit tough to digest but according to me the main aim of a majority of today’s lawyers/law students is just to earn money. I don’t blame them. The importance of money can be seen everywhere. I just want to ask them, do you still think it’s a noble profession?

Reasons?

I personally think that the only reason people have stopped trusting policemen is because they think they are corrupt and also that they might get them into trouble if they mess with them. Sadly, it is something true. Why are policemen corrupt? Except for a few greedy ones, most of them take bribes to make ends meet. They do it out of necessity. They get paid less than a sweeper in a government office and they have to risk their lives for that money. I wouldn’t do it if you ask me. Politicians want a raise. How about a little raise for the poor old policemen? If they get money through legitimate means than they will not go for illegitimate means.

The profession of doctors is almost sold on the streets. So many medical colleges have seats which are literally ‘sold’. No need for merit. No need for an certificates or even the will to serve the society. Just plain cash will do. Such people grow up to be doctors and then rip off poor people to earn it all back. They give some and take it all.

Lawyers are a different story. I am shocked why most people don’t trust lawyers. It’s not like we are weasels. We are normal people who know the law. It’s not such a big thing. I think I should not comment on the reputation that lawyers have in the society, if any. Credit cards are not issued to lawyers. No one messes with them even if the lawyer is at fault and is doing something wrong, because he is a lawyer. In the olden times, practising law was considered to be a great thing. It’s reputation decreased and in the middle, it became a stream which was chosen by people who could not go anywhere else. The trend is not changing. People are starting to respect lawyers again. It is the duty of the current lawyers/law students to show the world that we are here to serve the society and make a little bit of money during the process.  

 

Disclaimer:

I am not against doctors, lawyers or policemen. Hell, I am going to be a lawyer myself. I respect all of them for what they do. Most of them are working on the right path. It’s just that some of the rotten ones spoil it for the majority. These are my personal views. I am in no way trying to look down at any profession. Please don’t mind.

 

All constructive suggestions are welcome. If your comment is derogatory, I will get an email about it but it will not come on this page. If your intention is to get the message across to me, then post away. :D

P.S. – I haven’t blogged for a while. I am suffering from a minor writer’s block. It shows in the post, doesn’t it?

On a lighter note, a lawyer quote:

99% of the lawyers, give the rest a bad name. :D

Cheers

Napster.

 

 

02 September 2010
News and current affairs

The QLTS (UK) Regulations (2010) were unveiled yesterday. It sets out a list of Jurisdictions from which lawyers are permitted to take the transfer test.

http://www.sra.org.uk/solicitors/qlts/recognised-jurisdictions.page 

Surprisingly, India has been omitted from that list.  It appears that this, in  effect restricts Indian lawyers from qualifying in UK via the transfer test route.

Would like to hear on this issue opinions from other members .

01 September 2010
News and current affairs

Ashish Alexander, a 2nd year law student at NUJS, Kolkata has won the IDIA Logo Designing Competition. Not only has Ashish given IDIA, its emblem; he has in the process also won the prize money of 5000/-. IDIA congratulates Ashish on his superlative effort.

Here is the idea behind the IDIA logo:
“The Light bulb in the picture stands for the light of education and the flame of creativity. From this light springs forth various underprivileged IDIA students who graduate as lawyers. Their different colours represent the diversity of India.”



A big thank you is also due to all the law students, lawyers, law firmites, legal academicians and others who sent in their entries. The entries were diverse in content and style and the democratic short-listing of entries, done by the IDIA core team was a very difficult task indeed. Entries were received from as far as the US with some participants sending more than two entries. Thank you again for your commitment.

We will also be showcasing the other brilliant logo entries which narrowly missed out from winning this competition. Stay tuned.

PS- We have also announced our first
Legal Reasoning Question Making Competition. The three best set of questions will win 3000/-, 2000/- and 1000/- respectively.
This is what Prof. Shamnad Basheer's FB status had to say about this competition: "Are you good at legal reasoning? (or do you think the term itself is an oxymoron, since there is no reason in the law). Can you frame complicated questions that many would take years to answer? If so, this competition is just for you. Pit your legal brains and your creative juices against the very best"!

29 August 2010
News and current affairs

 

 

30th August 2010.

 

It has been exactly 45 days, when I entered the Law arena.. To be precise when I came into the breezes of Law school.

Though it is not my dream school, but now I realize it is no less than any other.

For sure this one and a half month has not given me the true ‘taste’ of a “burdened, pressurized Law grad” but I’d be lying if  don’t confess that our faculties have not tried their best to do so.

Breaking these 45 days into Experiences, I’d say there were:

a)    Good experiences, and

b)    Not so good experiences.

 

A) Good Experiences:

·       First of all the joy of finally landing to the platform where you always wished to be.

 

·       Second: The Crowd

Doesn’t it feel good of being surrounded with people, where majority of them are “your type” thinkers? i.e. those who almost think in the same lines as yours.

 

·       Third: The joyousness of feeling “Grownups”

I have never slogged up till three in the morning for the sake of   completing some assignment. Incredible of me..

I guess “True Maturity” is breaking through.

 

·       Fourth: Again “The Crowd”- But this time it’s the awesome, blossom feminine crowd.

If not all, but most of them are like WOW..

Very few of them would not catch your attention, and the ones who do “God Save You” are the words.

(Ps: No Exaggeration.)

 

B) Not So good Experiences

·       Though the college by any means is not less than my Dream College, but it ultimately is Not My Dream One.

It is not the one which, on every other moment of my CLAT preparing days, lingered over my head and I being lost in its fantasies..

Somewhere deep down it Hurts..

And, it Hurts Hard.

 

·       You are Alone.

In this huge campus of 110 acre, and among 240 unknown faces your condition is as similar to that of Alice In the wonderland.

Formal HI’s, Hellos and smiles to every next person drives you nuts..

 

·       Beginning of the “Big Boys Games”

It is Heart throbbing to hear that- Cigarettes, Drinks, Pills, Weeds and other similar toxics will be accompanying you along the journey.

(I have personal friends experiencing this, though would not apply to everybody.)

 

Overall the experience in these 45 days brings me to a conclusion that-

We have two choices:

a)    The campus will give us with 100 opportunities to “Make Our self” and

b)    110 to “Break Our Selves”.

 

Hence Grand Mama’s Golden words still shine: “The Choice Is Yours”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

20 August 2010
News and current affairs

All India Bar Examination

     It is brought to your notice that the Bar Council of India is conducting an All India Bar Examination (AIBE) on December 5th, 2010 and the said exam shall be mandatory for all the law students graduating from academic year 2009-2010 and onwards and enrolled as advocates under Section 24 of the Advocates Act, 1961. It is further clarified that the AIBE is mandatory in order to practice law in India.

     The registration period for the AIBE is from July 15, 2010 to September 30, 2010. It may be noted that the forms are available in the respective State Bar Councils. Filled in application forms should be sent by candidates directly to the Bar Council of India, New Delhi along with a demand draft of Rs 1,300/- for the fees as well as proof of enrolment with the State Bar Council. The said application forms should not be folded or stapled and the forms should be carefully filled in accordance with the instructions in the form. On receipt of the application form the Bar Council of India shall provide preparatory materials (in the language chosen by the candidate) to candidates appearing for the AIBE.

     The exam will be of 3.30 Hours duration and will consist of 100 objective questions on various different legal subjects both substantive and procedural laws, that are taught to law students by law schools in accordance with Bar Council of India Rules. The AIBE shall be an ‘open book’ exam and the candidates are allowed to carry the preparatory materials, books or any materials they wish except for electronic devices like pagers, cell phones etc.

     The AIBE will be conducted in nine languages, and the preparatory materials sent to each candidate will be in the same language as the one they choose to write the AIBE. The AIBE shall be conducted at 27 cities across India- in a major city in most states in India. Upon successful clearing the AIBE, an advocate will be permitted to practice law in India and will receive a “Certificate of Practice” from the Bar Council of India.

     All details on AIBE are available on the following link http://www.barcouncilofindia.org/about/first-all-india-bar-examination/. For any further queries/clarification on the AIBE, candidates may call dedicated helpline number 011-49225022 begin_of_the_skype_highlighting              011-49225022      end_of_the_skype_highlighting (English) or 011-49225023 begin_of_the_skype_highlighting              011-49225023      end_of_the_skype_highlighting (Hindi) or email . All details, including a large number of Frequently Asked Questions, have also been uploaded on the Bar Council of India website- www.barcouncilofindia.org. The above details may be uploaded on your website with a hyperlink to http://www.barcouncilofindia.org/about/first-all-india-bar-examination/.