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18 July 2010
News and current affairs

Recruitment is a big deal for students who graduate. Being professional in approaching the whole process is not an option but a job requirement. In the following points, we look at how to streamline the recruitment policy in a college and get the best results for all its stakeholders:

 

A. STUDENTS

The most important stakeholders in this process. You (the placement committee) want to keep them updated and calm. At the end of five years, they carry the burden of their ambitions as well as those of their parents. In order to make sure they handle the process right, it's your duty to keep them informed. 

 

First, give them information about the firms that plan to recruit. The placement committee must create a document with information about various law firms and organizations that visit the University. Remember that the key words are informed decision. Without the right information, students are most likely to make wrong decisions that will not only hurt their chances but also those of their peers. And second , provide updates about the recruitment process as often as possible. Any news you give them will let them sleep better at night if not well.

 

B. THE FIRMS

We're in a market where demand and supply seem to be at peace. The important emotion here is feeling calm. The reason I write this is because all firms want the best people and want to be the first to be on campus. So how do you handle everyone? We rely on the old and very successful 'Divide and Conquer'. This is how we do it.

 

Divide the firms into three tiers. Base this division either on the pay or size of the firm. Once you know where a firm stands, choose a time period in which firms from a particular tier can approach the University. If a firm is adamant about a particular date; negotiate. And again the key is to be calm and remember that demand and supply are at peace. While it's important to have friendly relations with a firm, remember that you're dealing with at least 20 different organization. Favour one and a competing firm becomes your enemy.

 

3. ALUMNI

I discussed how it was important for students to make informed decisions. Another way to do that is to invite the alumni for talk sessions with the students. It'll help the University create a connection with the alumni and the firm on the long run. You don't want students applying for a firm which either doesn't do much work in their field of interest or is located at a place one does not wish to go. Firms also tend to make presentations on the day of recruitment; a strategy that is unhelpful to most people. If you want to get the best people, you have catch them early and tell them why your firm is the firm to join. If a firm wants to make a presentation, tell them to come in before the college closes for summer. This will give the students enough time to think about their prospective employer.

 

Being a part of the recruitment committee is no easy task but neither is it being a student waiting to be hired. A flawed process could result in students not accepting offers or even students not getting shortlisted and nobody wants to be responsible for that.

 

Read John2010's other blogs:

How e-governance almost killed this man.

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.....

16 July 2010
News and current affairs

The young think-tank Research Foundation for Governance in India (RFGI) has been working hard at changing the legal and political landscape in India, recounts Legally India blogger napster.

16 July 2010
News and current affairs

The Chief Judicial Magistrate of Bhopal on June 7, 2010 pronounced the much awaited-delayed-disappointing verdict on the criminal liability of the perpetrators of the Bhopal Gas Tragedy. For 20,000 lives lost, 7 of the accused were convicted for 2 years while accused No.1 (you know who) still remained an absconder from justice. “Grave Injustice”, “Justice delayed, also denied”, “Not a verdict, but a mockery” cried the news headlines. Soon activists, local journalists, lawyers and of course our beloved politicos joined the bandwagon in criticizing the decision delivered in a tiny magistrate court somewhere near the middle of India. 

Other than the fact that CJM did the maximum he could, it is also important to note some of the positives that emerged as an aftermath to the judgment. For starters, the CJM gave the maximum sentence possible for the offence under section 304A of the IPC. Probably the more fitting provision would have been 304 part II (punishable upto 10 years), however as the Supreme Court in 1996 thought otherwise, there was little the CJM could do. The media, either inadvertently or purposefully (to create a hysteria after the judgment) failed to highlight this before the judgment was delivered. 

More interesting was how the media, civil society and opposition exploited the public opinion against the judgment and thus incidentally ensured that the government behaves more responsibly. The electronic media, driven by TRPs, asked tough questions, brashly took positions and tried to identify the villains of Bhopal. The activists, mostly ignored in the last 25 years, took full advantage of the newfound limelight and voiced their viewpoints. The opposition- left and right- with an interest in maligning the government, highlighted the inaction of the state towards the victims of Bhopal. The government, clearly at the backfoot, expressed its concern for the victims and in a desperate effort to win back some public support, constituted a Group of Ministers on the issue which recommended that the compensation to the victims be increased.   

Even minimal observance would reveal that all the different public agents, even while rightly pointing out issues and taking decisions, were, in some way or other, furthering their self-interest. The interest along with it being public was also concomitantly private- be it profits, publicity, votes or brownie points. Almost paradoxically the not-so-complimentary interests of the different groups, acted in a manner, perhaps fortuitously, for the benefit of the victims of Bhopal and the people of India. Sounds strange, but true.

The extra compensation, if distributed properly, would be a welcome relief for the victims on whose behalf the government had entered a grossly unjust settlement with Union Carbide decades ago. Of course, it would be the government which will be paying indirectly through the tax payer. But it is the same tax payers money which goes into the various subsidies and the ‘stimulus’ package for the corporate sector. Considering this, the extra compensation for the hapless Bhopal victims should not pinch the taxpaying citizen; though it should have been the private enterprise which should have, in first place, been liable. 

Now regarding the larger benefit for the people, all the hype and hoopla surrounding the verdict have oddly brought some form of accountability on the state. The constant pressure coming in from opposition and civil society through the media, forces the state to act in more judicious and just ways. It will not be very easy for any government to get away with anything similar to Bhopal due to this. The Nuclear Liability Bill has hence come under severe criticism and the government even had to drop the idea of introducing an amendment which made the nuclear operator incapable of suing the foreign supplier in case of nuclear accident caused by the latter’s fault. 

The present draft of the bill caps the total liability for any nuclear accident at around 450 million dollars, lower than the much criticized 470 million dollar settlement for Bhopal made 2 decades ago! Any nuclear accident, as the Chernobyl disaster has demonstrated, will have a much larger casualty figure than that of Bhopal. Also, out of the 450 million dollars, less than 1/4th will be paid by the nuclear operator while the government pays the rest! 

Following the Bhopal verdict, the government said it would have a relook of the bill and there are chances that these provisions would be altered. There has also been the talk of having new laws for industrial disaster, class action litigation and a faster justice delivery mechanism. All the damage associated with Bhopal were done years back when the compensation was lowly fixed and criminal liability diluted. The events following the present Bhopal verdict has only demonstrated that public opinion still matters and the high and mighty state can be forced to act more responsibly. 

 

15 July 2010
News and current affairs

With due regards to the students, alumni and faculties of NLUs, I have no doubt the NLUs are truly national in terms of student compostition, different in terms of curriculum and administrative structures from other tradtional law colleges. The big question is whether the NLUs are legally entitled to use the word "National".

 

The NLUs are established by  acts of different state legislatures and are universities within the meaning of Section 2 (f) of UGC Act, 1956.

I cannot produce the government order, rule or circular where it has been stated that the State Universities or institutions  are not entitled to use the word "national". 

But I am producing evidences which has put doubt on my mind regarding the use of the word "national" by the NLUs.

Evidence 1:

Source: http://www.ugc.ac.in/more/commissiondecision/427.pdf

"4.01 The Commission examined the proposals received from Gauhati University and Vikram University and granted its approval in principle with the modification that Gauhati University be advised to drop the word “National” in the proposed Institute of Art History, as the State institutions are not permitted to use it." (emphasis added) 

Evidence 2:

Source: http://www.ugc.ac.in/more/commissiondecision/430.pdf

6.06: To consider the request of Gauhati University for not removing the word “National” from its proposal for “establishment of National Institute of Arts History”. The Commission, keeping in view the instructions of Govt. of India resolved not to accept the request of Gauhati University for use of word “National” with the name of the Institute of Arts History.

 

There must be a Government order in existence which prohibits state institutions not to use the word "national" in their name, as inferred from Evidence 1 and 2. I put a serious doubt on legitimacy of the use of the word "National" by the NLUs.

Further, I suggest that the NLUs may be transformed into Central institutions like in the case of NITs. Like the IITs and IIMs, NLUs  can form a single brand image, this will help in easy rotation of faculty, better funding and will also help the upcoming law schools with the older NLUs working as mentor institutes. Further, turning NLUs into central institution will also put end to the debate on regional reservation policy.

Critical Comment on this issue is seriously welcome.  

14 July 2010
News and current affairs

In Law schools, relationships mainly start due to boredom.

Yes, that what I believe. I have seen it and I think a lot of people have too.

I have to clarify. I am not talking about all the relationships. I am talking about a ‘majority’ of them. Love and law are two separate concepts. Although in a law school, they come together.

People in law schools are away from their families. They have almost no extra-curricular activity which keeps them busy all day long. They long for friendship. They long for a family. They want to be loved.

So, what do they do?

Well, they ‘fall in love’. Pretty simple.

It’s an extra-curricular activity. There are a few exceptions though. There are a few people who are not successful and then are others who although have nothing to do, do not pursue any such adventures.

I might not be completely true but I am pretty sure that I am true in a lot of cases. I am not talking about just people in my college. This is the situation in a lot of residential colleges.

There are couples. They roam around together. They ‘enjoy’ in their free time. They watch movies together. They share emotions. They go for trips to nearby tourist destinations. They are like a proper couple, without the emotions.

The messed up part is that both of them know it, but both of them want it, so no one will say anything.

They work on the principle that our country works on, “Jab tak chal raha hai, chalne do.” (As long as something works, let it go on). After 5 years or whatever the length of the course is, they go their separate ways and live happily ever after. There are a few fortunate people who end up marrying their ‘time-pass’.

I personally think that there are more constructive things that can be done.

Do whatever makes you happy.

13 July 2010
News and current affairs

 

How much longer shall we purge?

Laws are but words untouchable Ideas of thought.

It is these words which form the fibers, material for social engineering. The very material by which societies are built, broken and rebuilt.

The reason to take from the weak and give to the rich and the staging grounds for revolutions.

It’s The Law.

Today in our midst in the wide open eyes of the knowing, lies shall not roll under carpets to their mice holes. Let the jesters be silent and the true lords of their realm speak.

We have given the distant fires in dark mountains long to grow, and now the move on our homes.

No more shall the fodder be weak the silent tress of the noiseless mountains and let it try to quench its thirst upon us. For we have awakened and gathered our brethren.

So shed a tear for us today, for tomorrow we shall never be and the fire long past.

 

 

Fatehpal

13/7/2010

 

12 July 2010
News and current affairs

Note:- All of the following people, locations, activities and incidents are purely fictional with absolutely no basis in reality, so if you see a resemblance to anything existent, I compliment your imagination :)

 

“They’re girls. They’re all girls! And they’re ALL  good looking…I mean, what are the chances?! God hates us.”

 

Raghu’s face is twisted in pain. He stares at the group of three girls in the distance with a comically morose expression for a few more minutes, his features twitching in silent yet poignant despair. He gets up with a dramatic sigh and turns to me. “Boss, I’m going to get a sutta. Or a hundred.”

 

I wave goodbye and watch as he walks away. Then I look back at the girls and sigh myself.  Here we were, two skinny, bespectacled, male members of a three member all-male team representing our college at the national rounds of the Perished C. Jurist International Moot Court Competition. We had sweated, lied and bluffed our way to the finals. I took stock of our strengths. We had a compendium of cases with a hundred colourful Post-Its poking out of it like the feathers of an exotic tropical bird. We had shiny shoes. All of us knew how to tie our ties in impressive looking Windsor knots. We had a fairly decent memorial.

 

However, amongst the things we did not have, was shiny hair. And glowing skin. Also luscious lips, ditto dulcet tones of voice. We had bad voices, worse legs and singularly terrible hair. My hairstyle was a severe crew cut suggestive of a history in prison, and Raghu, God bless him, would have assaulted anyone who so much as suggested he run a comb through what he called his ‘rockstar’ hair. As for voices, I had what I called a pleasant baritone and what Raghu called a bark, and Raghu’s voice was what may only be described as squeaky. Further, none of us was in the habit of wearing lip gloss that made our mouths pink and pouty. I doubted we smelled like candy either.

 

The bench judging us was composed of three ancient male judges, two of whom had a definite eye for the ladies. To make it worse, against all my hopes, the girls even had a good memo. I sighed again. It's one thing to fight a memo, it's quite another to fight a libido.

 

I watched my teammates return from their cigarette smoke-laden self-pity ceremony at the teashop. I eyed them critically. “Look”, I said. “We have made it to the finals of a prestigious moot purely through merit. We are good, it is undeniable. But it is also undeniable that we are ugly and male. So we need to practice the hell out of this memo, or we have no chance of beating Charlie’s Angels there.” I inclined my head towards the girls, one of whom was tossing her annoyingly shiny hair and no doubt making sparkling conversation with her equally beautiful companion. I looked back at my team as it nodded unhappily.

 

That night we began reading the memo with the best of intentions. Three hours, two bottles of Old Monk and one rather excellent local alcoholic concoction later, Raghu was kissing the top of my head, tears streaming down his face. “I hated you throughout the prep period but you’re a great guy, Folly! I love you, Folly! I love you man! It’s okay if we lose tomorrow! This moot may be the best in the world and winning it may have been my biggest dream but so what! A moot is for one day, a friendship is for ever!” I smiled beatifically through a haze of blue smoke at him. To be sure, I couldn’t remember his name, but he looked familiar, and he seemed like a nice guy. I felt fabulous. I looked around the room and saw my researcher curled up peacefully in a corner hugging an empty bottle. I smiled affectionately.

 

Fast forward by three hours. Bright sunlight filled the room. I opened one sticky eye and cursed as the light hit me square in the face. My mouth felt like sandpaper and my head felt like it belonged to someone else. I couldn’t really remember where I was. Somewhere near me, my phone was ringing. It had never sounded so abominably loud, like a power drill, before. My head was already throbbing in pain, and this sound kicked it up by a few thousand notches. I groped for the phone, picked it up and grunted. A bright voice informed me that I was to be ready within an hour and a half to give the final rounds of the competition. I sat up in shock; in one sickening second, everything came back.

 

And then someone giggled softly.

 

Raghu was sitting up against the wall, wide awake. And he was giggling. He was surrounded by four empty potato chips packets, a half empty cigarette packet, small rolls of paper and one copy of our memorial. The memorial was missing its first three pages. As my head started clearing, I identified the suspicious smell hovering about him. 

 

My heart sank as I put two and two together. Our team now consisted of a hungover speaker, a herb-happy co-speaker and a snoring researcher. We also had two and a half copies of our memorials, where we once had three. We had one hour to salvage this. I looked around the room, hoping desperately for a solution to walk in through the walls.

 

To be continued [if interest is exhibited ;) ]

10 July 2010
News and current affairs

“Joining CRPF was the biggest mistake of my life. I have realized that the country doesn’t honor its soldiers and it is better to take voluntary retirement after 20 years of service than to be treated as a pawn” says an anonymous CRPF jawan. His opinion reflects the thoughts of thousands of CRPF jawans who have been treated worse than a cattle both by the state and their departments.

Most of the soldiers in the paramilitary forces like Central Reserve Police Force (CRPF) have lost their faith in the system and think they are being used as scape goats by government in war against the Naxals.

Compared to the army, the paramilitary forces have more to lose than to gain. The job benefits are very low in comparison to the army whereas the chances of death on duty are considerably high.

If we examine the current situation of CRPF, we find that their disillusionment may be justified on various grounds. The problem needs to be seen in context of two major issues :-

1. On-duty deaths

2. Voluntary Retirement Schemes

On-duty deaths

Insurgency is undoubtedly one of the biggest problems in the country. The force is mostly deployed in Naxal effected areas over the last 5 years and has been witnessing the game of life and death everyday. The soldiers are expected to fight insurgents without proper strategic and military support. The encounter with Naxalites is a routine affair for them.

The Naxalites are well aware of the internal areas and they use it to their advantage. They are experts in Guerrilla warfare tactics and successfully trap their prey.  Their strategy is to exhaust enemy’s gun power and inflict maximum damage. First, they fire at the security forces and then take a different way to surround the forces from a different direction. The reinforcements which hardly last some hours are soon exhausted in the encounter. The jawans are left to the mercy of the enemy who never spares them. Various other reasons also contribute to the failure of tackling the Naxal issue.

Reasons for failure to tackle the Naxal Problem:-

1.  The Naxals communicate with the tribes in their local language whereas the jawans are unable to do the same.

2.  Naxalites use traditional ways of communication which is difficult to comprehend.

3.  There is a fear of Naxals in the affected areas and people are scared to act as informers or provide help in anyway.

4.  Naxalites have their agents in the villages and other local areas.

5.  The areas are technologically deficient and lack electricity, water, telephone, proper roads and other resources which makes it difficult for the paramilitary to communicate.

6. Since transportation is a major problem, the forces are not provided with adequate equipment and resources.

What Matters the Most :-

In 2010 alone more than 79 CRPF soldiers have been killed on duty, the figure was 58 in 2009. The jawans realize that they have only two options available: to kill or to be killed and unfortunately they cannot even make a choice. Their sacrifice is hardly valued or honored by the citizens. Their condition is equally neglected by the state.

The State recruits soldiers to protect the nation but an equivalent duty vests on the state to protect its soldiers. The state can not act as a mere spectator to these mass killings. There lies no martyrdom is being a ready bate for the enemy. The CRPF jawans lack proper training, amenities, resources, intelligence system and assistance. The political and ideological fight between the Naxals and the government might probably end one day but till then many precious lives would be lost.

Taking pride in Kargil would serve no purpose if the Indian soldiers are treated as bates on their own soil.

Voluntary Retirement Scheme

The fear of death, lack of job satisfaction, low perks and remunerations and negligible promotions have forced many CRPF soldiers to opt for Voluntary Retirement Scheme (V.R.S). Most of them find the job of a private guard better than serving the paramilitary. The force is usually posted in sensitive areas like J&K, Chattisgarh, Jharkhand and North East and at places where election is supposed to take place.

Tehelka reports, “According to official data, an unprecedented 14,422 jawans applied for premature voluntary retirement from service (VRS) in 2009 — up 85 percent from the previous year and 112 percent from 2007. Compare this with the fact that only 4,622 soldiers sought voluntary retirement from the Indian Army — which is three times larger than all the paramilitary forces put together — in the same period, and the contrast becomes painfully stark.”

Probable Reasons for Disillusionment

Although most of their time is spend in traveling, unlike army they are provided with no special train boogies. It is up to the mercy of the railways to provide them with travel passes. The basic amenities have become a luxury for them. They are given low quality food, torn tents, few medical facilities and hardly any leave.

The benefits of the 6th Pay Commission have barely reached its beneficiaries. It is alleged that their own departments ensure that the welfare schemes doesn’t reach them. The officers in the higher cadre enjoy all facilities whereas the soldiers not only face the wrath of their officers but also have to struggle hard to get their rights enforced. They are treated as servants by their commanders and have to follow orders at any cost. The pressure of following orders is immense and any fault may result in serious consequences. They have to provide a bundle of documents to avail the benefits of the 6th Pay Commission which is impossible for them as they hardly get any leave.

Conclusion

In a populated country like India, vacancies would be soon filled by new entries but is it justified to loose these soldiers? They sacrifice their blood and sweat to ensure that we can vote without fear, freely walk on streets and live safely at our homes. On the other hand they are not only deprived the company of their families but barely experience any job satisfaction.
Death is so probable that life seems meaningless to them.The issue has to be addressed or the country would loose considerable number of patriots.

It is unfortunate that the state is unable to protect those who protect its citizens.

This is a duplication of the post on authors blog legaldrift.com. It can be read on http://www.legaldrift.com/the-crpf-will-be-soon-dead/

09 July 2010
News and current affairs

 I want to haul you down to a Love Court
You’ll get the notice any day now
Probably on pink paper
Or atleast an angry shade of red
It’ll come enveloped in a heart-shaped folder
Which you’ll have to rip apart at the seams
But then, you’re good at that kind of thing -
Aren’t you ?

You broke my heart in the winter,
And again in the summer rain,                                                                                                                         And if I didn’t drag you to court,
You’d just do it again

This Court of Love, it’s not a happy place,
Its title isn’t quite apt,
You appear before it, when love is lost,
And of course, no judge can get it back

The Court of love is a criminal court,                                                                                                           You can’t pay your way out of your mess,
But it takes no prisoners, atleast not in chains,
Though honestly, heartbreak should be a life-term offence

The trial procedure is a bit harsh,                                                                                                                       That even I must admit,
The exhibits are the moments you  twisted the knife,
Read out before a large audience

Of course we believe in a fair hearing,                                                                                                       You’ll get your audi alteram partem
But I have a feeling, that any defence you make
Will only weaken further
Your completely flimsy case

You might say – “Ah I thought it was the right thing at that point..
Clearly, you didn’t think enough
You might argue – “It wasn’t you, it was me …
Well then, you’ll just have to pay for your damn fault

The court will actually surprise you
Right at the very end
For all the harsh procedure, The punishment is plain and simple –
Acknowledgment

A sincere apology, demands the judge,
One from the bottom of your heart,
Understand the hurt you’ve caused,
And this Court lets you off.

But really, honestly, to tell you the truth
This Love Court’s just a scam
I’m still heartbroken at the end of it all
And you get off with barely a rap on your hand

09 July 2010
News and current affairs

Here we were, minding our own business, enjoying life in our 'National' Law University when we were dealt a heavy blow by the university's trinity of ruthless hands: Bureaucracy, Vindictiveness and Subjectivity. But these Hundred faces I talk about have seen it all before. After two years in law school, having been left battle-scarred by the numerous confrontations with the administration, it's almost as if they are expected to go into battle every time an unfair result for our toil is put up on those oppressively silent notice-boards. Yet, they soldier on, ever-strong. It's time for another Battle. Here is an ode to the bravest hundred faces I have known, the Batch I am proud to have been a part of!

An Ode to those Hundred Faces

 

A hundred faces did emerge,

Faces, bare and desolate.

In a silent trickle, they did disperse:

Dispersal, so disconsolate!

 

In a single strike, the will to gripe

Was snatched away ruthlessly.

Is this Fate’s way to unite?

I’ve never seen Ate gleam so brightly.

 

As she began to work her magic,

Fresh life breathed into sagging spirits.

They arose uniquely in times so tragic.

Via caffeine, nicotine and a medley of spirits.

 

A hundred faces did emerge,

Faces, vexed yet steady.

Vengeance did their actions urge:

A vengeance, oh so heady!

 

Those who oppress believe they’ve won,

Little they know of the fires they’ve begun.

As the moth-bitten pages of History run,

Oppressors always pay for their shenanigans.

 

Writ large across their troubled brows,

Gruesome interplay of deception and injustice.

They wouldn’t, before dictators, bow;

The mere thought seemed ludicrous.

 

A hundred faces did emerge,

Faces, determined and valiant.

They all did in unison surge.

A surge, oh so triumphant!

 

Unity is life, else a gory demise,

Awaits spineless, lonesome cowards.

When the oppressed do, united, arise.

Tormenters are robbed of unworthy powers.

 

As trauma turns to grit and steel,

As hands join in a show of unanimity.

The wrath of wounded tigers do tyrants feel:

A wrath so gruesome, so ghastly.

 

A hundred faces did emerge,

Faces scarred, yet proud!

Suffering did their courage purge,

Courage; exceptional in a gutless crowd.

 

Those hundred faces; an accomplished task:

The strength they showed; That joyous victory!

Diverse faces, yet a single mask:

The mask of unity!

 

 

 

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08 July 2010
News and current affairs

 

They have never been to a law school or sported the lawyer's black robes butmany women in rural India are dispensing justice in tough cases like rape, child marriage and even divorce mostly in just two weeks - at “NariAdalats.”

 

I am sure majority of you would not have heard of Nari Adalats. The literal translation would mean "Women's Court". They are a type of ADR system. Mostly unknown, they work very efficiently. They are known as the silent warriors. They fight for justice. It was started in Vadodara, Gujarat.

 

What is a Nari Adalat?

They are a bunch of women working as a Lok Adalat. There are no male members involved in the decision making process.  Contrary to the opinion that you might have had in the first two lines, they are absolutely gender neutral when it comes to delivering justice.  Yes, you read that right.

Objectives

They want to involve women into the judicial process. They want women to raise voice against violence and injustice. They want to change the role of women in the society. They want to be less dependent on the patriarchal society of justice. 

 

General features

It does not have a formal court setup. No fix place. No judge, a large group of women instead. The minutes of the proceedings in a day are written and maintained. The orders decided in the meetings do not bind the parties legally. It only binds them morally and socially. They charge no fees. They travel to the party’s home to solve their disputes. They are sometimes trained by the local lawyers on basic topics of law. These ‘adalats’ have solved more than 23,000 cases till now. The figure is a very conservative estimate. The real figure will be much much higher.

 

Future plan

They are working on making people aware about the complimentary judicial systems. They want to expand it to every village in the country. It is to be made a bit formal. They will finalise a place. Training will be given to Nari Adalat women. of NA. They will start observing the International Violence against Women day. They will hold legal workshops where people will be made aware about their rights.

 

 

The government, the judiciary and the society at large have a duty to encourage such women. The police force of their respective areas is already in awe of these women. They have made identification cards for some of them. They also offer transportation facilities whenever they can. People in the village look up to them.

 

The faith that people had on the justice system in the olden days is being restored by these women. They are a pillar of strength for other women in the society. They are the symbol of the rise of women in the society.

 

Inspite of all these positives, they are still ignored by the larger mass. Almost no one knows about them. They have to spend their personal money for travelling expenses. Their only identification is the identity cards that police of certain villages have given them.

 

I had gone to many such Adalats for a survey for the college. We were moved by the enthusiasm of these women. We asked them what they needed. They said that they want more people to know about this. They want more people to join in the movement. They want a normal uniform, maybe saree so that they can connect with it and feel like one. They want a proper place to function. They do not want tables and chairs, they just want a place which has a concrete shade over it and a fan. All their sessions are held in borrowed places and all of them sit on the floor.

Thank You

This is the first post I have written which has actually given me a sense of satisfaction. I can now tell my subconscious, “This is why I became a law student.”

 

 

 

08 July 2010
News and current affairs

Sorry for a month’s delay in bringing this piece, though it was written just 48 hours after the passing of resolution, but I could not upload it for such a long time as my laptop just then decided to go for some vacations. Though I know it will smell bit stale rather than the fresh cake I had intended to serve, but please don’t mind. Since I was feeling quite lazy to edit it so as to cover the time lag, I decided to put this notice instead – dear reader, while reading this blog, kindly cover the time lag by pretending this week to be the week gone a month before.  :)

 

In the whole week among various International developments, the UN Security Council Resolution against Iran takes the cake. In fact out of all the developments of Bhopal Gas Tragedy, Extradition of William Anderson, and Sri Lankan Minister Douglas being a proclaimed offender in India for various offences, I decided to discuss the UNSC Resolution. And yes, I did. Oh, I did. I did read the whole resolution. 6 pages with perseverance, 7th and 8th page with slight slump in my chair, then 9th and 10th page with bit more slump in my chair. Its heavy reading man!! So this is what all I found in my reading of UNSC Resolution, and this again is sprinkled with little bit of International Politics. Before coming to the legal issue let us spice it up with surrounding political developments.

This resolution comes 18 months after Obama promised to deliver ‘tougher’ sanctions on Iran, and his Secy for State ran around negotiating with Russia, China, and Turkey et al to back them in sanction. While Turkey and Brazil voted against the sanction, probably due to their impending deal with Iran under which Iran had agreed to send abroad large amount of its low enriched Uranium to in return for higher-enriched fuel rods Iran needs to replenish an ageing medical-research reactor. This deal prima facie seems to resemble the one it had made last October with America, Russia and IAEA, but had backed off at the last moment. The Turkey-Brazil-Iran agreement is alleged to be risky business as under the agreement the low enriched Uranium stocks to be supplied by Iran have to be enriched to 20%, a level from which it is not tough to enrich it to the threshold of making a bomb. Asserting its Right to Energy all along, Iran, led by Mr. Ahmadinejad, has once again, as with previous sanctions, has rejected this fresh round of sanctions too.

This fourth set of sanctions against Iran by UN Security Council (UNSC Resolution No. 1929) state (recalls, notes, reiterates, expresses, emphasizes, stresses, welcomes, recognizes and affirms) the following-

1.)    Iran is directed to co-operate with, and comply fully and without qualifications to the IAEA Safeguards Agreement and its additional Protocols.

2.)    Prohibits Iran from constructing any new uranium enrichment or allied works facility, and directs to discontinue any such ongoing construction. And also decides that Iran should not acquire any interest in any State in any commercial activity involving uranium mining, enrichment, production or use of nuclear energy or materials. In furtherance of same, other nation States are directed to prohibit any such investment in their territories and jurisdiction.

3.)    All other national states are directed to prevent direct or indirect supply of war equipments from or through their territory.

4.)    Has added three annexure containing the names of individual officers related Iran’s nuclear programme and directed all the states to prevent their entry into or transit through their territories. The resolution has also explicitly named Iran Revolutionary Guard Corps, and has called upon states to keep vigilance on transactions of IRGC.

5.)    Has given power to states to inspect all the cargo to and from Iran at seaports and airports, and to seize and dispose of such items trade of which is prohibhited. And has further made it mandatory to provide the details of such inspection, seizure or disposal to Security Council.

6.)    All member states are further directed to communicate to UNSC information on any transaction or activity of Iran Air’s cargo or division or vessels owned or operated by Islamic Republic of Iran Shipping lines.

7.)    Calls upon states to prevent the provision of financial and allied services, including insurance, by or through their nationals or entities organizes under their laws, or by or through persons or entities in their territory if such services will contribute to Iran’s undesired nuclear activities.

8.)    States are called upon to prohibit any ventures of Iranian Banks in their territories, and, also to prohibit the financial institutions under their jurisdiction to extend their services to Iran, if they have sufficient information and reasonable grounds to believe that activities of such institutions contribute to the nuclear activities of Iran.

 

These were the highlights of UNSC Sanctions against Iran. I have not been able to make a legal analysis of the same, but will be very soon writing on the repercussions of this sanctions, which will, of course, be less legal and more political because international law is a reluctant law of reluctant nations, its international politics which carries the real sanction.

08 July 2010
News and current affairs

DO YOUR BIT!

- The events depicted in this blog are fictitious. Any similarity to any person living or dead is merely coincidental.


- "The mind of man can imagine nothing which has not really existed." --Edgar Allan Poe

 

Mr. Good Sitizen [(not his real name for obvious reasons) (don’t try to trace him online) (since curiosity might get to you, here is the google link http://bit.ly/asy0Re )] has been a good citizen for almost forty years now. He started out as an engineer in the early 80’s and is now heading the business division of a small company in a large metropolitan town. He has paid his taxes and always asked for a bill. He’s never bribed a person and was actively involved in formulating an anti-bribery policy for his company.

 

Suddenly one day, GS [(no relation to Mr.Gopal Subramaniam) (ok, I was trying to be funny there but don’t judge my humouring skills yet)] got a call from a person who claimed to be a police officer in his city. The person on the other line wanted to know more about GS’s family and knew his personal details – home address, PAN card, etc. When GS queried why he wanted such information, the man on the other line said he would call back later.

 

In shock as to why a police officer wanted to know his personal details, he searched for the officer online. Not surprisingly there was no such man. There was no police officer in the whole country by that name. When he called back on the number, he found it switched off. Scared and confused, he went to the nearest police station and told the good people there what had just happened.

 

After a week, a man was caught. And not surprisingly he wasn’t a low level criminal or a member of the F-company. He’d been collecting simple information about GS from his office. He’d seen his Dudebook(this one is easy) account and got to know his birthdate, place of residence and other small details. With such information and more available on google , the young man had found out GS address as well as his PAN card information. Here is how he did it (do try this at home, it’s kind of fun) –

 

1)      Visit https://incometaxindiaefiling.gov.in/portal/knowpan.do . Enter the person’s surname and DOB. On the next page you’ll have to enter the name of the person’s father (it’s not that tough knowing how excited people are to related themselves on Dudebook). And you’re done. You’ll know the person’s PAN CARD number.

 

2)      Now its time to find out where the person lives. So we log on to http://www.bsnl.co.in/map.htm . Then click on the state and find out the address of the person by just filling up their name and city. It’s beautiful how technology works.

 

There we go. Now we have information like address, phone number, PAN card, etc. India doesn’t have a data protection law unlike other countries. While the Courts have upheld the Right to privacy, there is no specific legislation we can reach out for when we need to protect ourselves. If a company leaks personal information, the client can sue the company for breach of confidentiality. However, where does an individual go if his/her information is put up for the public ? A writ petition could take time and expose the individual to unknown dangers. This takes us to the point of why the Government is yet to take up data protection seriously.

 

What we're looking for is a data protection policy like the one issued by the European Commission.  The policy which has been adopted by the United Kingdom in the Data Protection Act, 1998 does not allow any agency to process information that will cause an individual distress or expose them in any way. The draft of the National Identity Authority of India Bill, 2010 discusses data protection and imposes punishment on those gaining unauthorized access to our information. The key word here being 'unauthorized' but what do we do when access to such information is authorized?

 

Today and until the Government does something serious about data protection, we're all exposed...not knowing who is preying on us.

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.....

07 July 2010
News and current affairs

 

The strike of the strike, as a newspaper called it.

What are the effects of Bandh? Is it the right way to protest?

Bandh is basically a strike. Everything is supposed to be closed on a day when a Bandh is ‘called’ for.  If you ask a layman about whether there should or should not be bandhs, you will surprisingly get mixed answers. It is true because for a bandh to be successful a lot of people have to co-operate. Kolkata is very infamous for its bandhs. Nationwide bandhs are a rarity but are not entirely unheard of. I was in Gujarat when the Bandh took place. I have stayed here all my life and I have never seen such a huge response to a bandh ever before. There have been minor events but nothing of such magnitude.

I am still not sure most people know why the Bandh actually took place. For those who don't know, it took place as a protest against the rising prices. Inflation.

I would like to quote some figures given in Times of India.

[Economics Loss due to bandh (In cr.):

13,000 according to FICCI 
10,000 according to Assocham 
3,000 according to CII 
Maharashtra (estimated economic loss Rs 1,000cr),Karnataka (Rs 725cr),West Bengal (Rs 250cr),Kerala,Orissa,Bihar and Madhya Pradesh (Rs 150cr each) among worst-hit states Though the stock market remained open,trading volume at BSE was down 52% to Rs 2,857cr against daily average of Rs 6,000cr Rail operations,especially in east,severely affected with 78 trains 60 mail and 18 passenger cancelled and 340 disrupted At least 96 flights were cancelled across India,with at least 47 departures being cancelled in Mumbai alone Over 62 lakh commercial vehicles remained off road,according to trucker unions.]

Bandh has a very negative connotation. Well, to an extent, it is bad. Imagine how many daily wage earners lost a square mean due to the Bandh, and to think that this was a Bandh for them. (Ha!). Even then, as I am a law student, I have been asked to look at both the sides of everything.  So I will deal with it accordingly.

 

Against:

Bandh is a stupid. It is a way for political parties to show power. They bully innocent citizens into participating in the bandh. It causes great economic harm to the country (as stated above). It is a very barbaric way of solving matters or getting our point across. It does nothing good. It’s a extended weekend for the college student, a lucky leave for office goers and tension filled atmosphere for the people whose offices were not closed.  Loss to daily wage earners, most important. I guess we all know a lot of points against. I need not mention all.

For:

Okay. I am sure not many people agree to my views. I advise them to read the entire thing before commenting or framing views about the post. I guess this is the main part of the post.

I agree Bandh is bad. The main problem that I have is, if they don’t listen through any of the legal ways, what do we do?

Common citizens cannot go to the parliament every time. When our elected representatives try to put our point across they are accused of being traditional in their views and being against development of the nation. They are then in a Catch 22 situation. The price rise is not a figment of imagination of the opposition parties. It is out there. Reducing the value of our money consistently.  he Wholesale Price Index (WPI) for May 2010,the latest month for which data is available,shows a 10.2% increase over May 2009. Food inflation, which actually affects the aam aadmi (common man) even higher. The rate of pulses grew by a whopping 32.4%,eggs,meat and fish by 35%,milk by 21.1%,sugar by 26%,flour by 16%,cereals by 6%,and fruits and vegetables by 7.6%. It’s not like everyone else in the world is faced by it. China had only 1% rate of inflation with regard to food prices. India is one of the very few countries where the rate of inflation is above 9%. The above mentioned percentages are with regard to WPI (Wholesale Price Index), the real danger can be found out from CPI (Consumer Price Indices).

So my main contention is that, there is a problem. It has been a problem since a long time. The government has been told about it since a long time. What has the government done? Almost nothing, or even if they have, it hasn’t worked.

Bandh is barbaric but well, when we cannot achieve anything through proper means, are we not allowed to be pissed? Is there no specific waiting period?

I have to make it clear that I am definitely not in favour of holding Bandhs. I want the country to work efficiently through the prescribed mechanism. Bandhs waste a lot of resources. Let’s not do that.

Bandh karo ye bandh ! (Stop the strikes).

 

Lighter Note:

My dad was scandalized when I told him that now onwards I should get a raise in the pocket money according to the rate of inflation. In his counter offer, he proposed a 10% increase every 6 months. He thought that it would be more economical to him. I guess he has a lot of ‘faith’ in the government. :D

Okay one more.

If the opposite of pro is con then the opposite of progress is ..... ‘Congress’ :D

 

Disclaimer: I am not a supporter of any party. I like individuals in various parties. I know most of the political parties have both merits and demerits. I wrote this article because I kept on getting ideas about why people resorted to Bandh and so wanted to put it together. All the figures have been taken from the Times of India.

If you guys have constructive suggestions/solutions to the problem, please feel free to share. :)

06 July 2010
News and current affairs

Note - If you are offended by regional stereotypes, or stereotypes of any other sort, please refrain from reading. Thanks :)

Another year, another day, another sweaty evening in law school. From the terrace of my hostel, I survey my kingdom. My kingdom is composed of the occasional tree, patchy grass, sunbathing dogs, the venerable Academic Block, and - ah! What is that? What is that I see heading down the road?

It is a bird of diminutive size. Its plumage is muted and its eyes are firmly downcast. It carries a full backpack, and - glory of glories! - appears to be heading for the library straight after class. That settles it. It could only be one thing.

I congratulate myself on having spotted the male of the elusive Fresherus Timidus, a species peculiar to the genus Fresherus that inundates law school every summer semester.

 I watch it move from hostel to the academic block. Its progress is interrupted several times by flocks of predatory Seniorus Bikerboyidae who descend on it and poke at its feathers continuously until they are satisfied that it indeed belongs to the species Timidus. The large Bikerboyidae feed on ethanol, herbs of a three-leaved nature, and the young of the species Fresherus Insolentia. They do not feed on Fresherus Timidus birds, they merely attack them and use their feathers to line their own nests.

This particular Timidus valiantly fights his way through multiple gaggles of Bikerboyidae and is almost safely at his destination, when alas! he is distracted by a Bird of Paradise.

The Birds of Paradise are indigenous to Delhi and South Bombay, and form a distinctive part of law school ecology. They are brightly coloured, perfectly groomed and female. They feed primarily on ethanol, nicotine and birds of the male persuasion, which latter they trap using their mating calls. 

Birds of Paradise do not mate for life, and usually mate successively across species. The mating of a Bird of Paradise is a complicated ritual involving high pitched, tinkly mating calls, copious quantities of alcohol and repetitive dance-like movements emphasising the more...pneumatic.. aspects of its body.

Of course, if the mating ritual is successful, they will stun him with their plumage and exhaust his winter store of grain before he recovers, but birds are not a species known for their forethought, and male birds even less so, so my outlook regarding young Timidus' prospects is rather pessimistic. But our little Fresherus Timidus is presently safe from these feminine guiles, because the pecking order of the jungle does not entitle him to attractive female company while the Seniorus Bikerboyidae are still checking her out.

I decide to take a walk towards the gaggle of Bikerboyidae, who are presently engaged in closely observing the contours of a young female Fresherus Hotnessa. Certain chicks of the Fresherus Hotnessa species, while timid and possessing relatively drab colouring, have the unusual power to moult into Birds of Paradise within two years of living in law school. It remains the solemn, time-honoured responsibility of the Seniorus Bikerboyidae to identify which of the Hotnessa are likely to undergo such a mutation, and which are likely to die in unpopular oblivion. This prediction is usually accomplished by means of a detailed ten-point scoresheet evaluating the Hotnessa on various bases (which can not be discussed on a family friendly forum such as this one). 

They are engaged in furious debate regarding the potential of a particular Hotnessa, when I interrupt them. They do not take kindly to this interruption. What are you making casual conversation with us for, don't you know that Bikerboyidae never interact with Dorkii like yourself? One of them said sternly. 

That's true, I admitted, I just wanted to know, why do you persist in attacking the Fresherus Timidii when you are perfectly capable of feathering your own nests by yourselves? 

It is a time honoured tradition, they say. We are breaking the ice in a healthy fashion.

But Timidii are only timid by nature, not frightened of you, I respond.

And we respect their right to be timid! they say, fluffing their feathers angrily at my insinuation otherwise - We only reserve the right to bully them mercilessly out of their natural timidity!

Besides, they say, shrugging, we are simply earning respect.

Wouldn't the Timidii respect your seniority anyway, with or without your having to earn it? I say confusedly.

Oh naive Dorkus, they laugh. Why would other birds respect us if we did not threaten to eat them up?

Good question. Perhaps for your wit, intelligence and breathtaking knowledge of copyright law and cricket trivia? I venture humbly.

There is a resounding silence, broken a few seconds later by the Bikerboyidae rolling about in incredulous laughter. I stand by in genuine puzzlement.

As the laughter dies down and the sun sets, I look over to our friend Timidus in the distance, who has been accosted by a flock of Seniorus Positiveinteractiona.

I strain my ears, and I hear the low-pitched, unhappy birdcall of the Fresherus Timidus float faintly across the college grounds. 

"My name is Fresherus Timidus and I am from Kanpur. I am from Arya Chidiya Mandir. I like cricket and singing songs....oh...I have a cough...I don't know the lines... okay.."

I wait anxiously in the pregnant silence, hoping he'll do the right thing.

The air suddenly fills with the worst rendition of Chura Liya Hai Tumne I have ever heard. His audience cheers him on with catcalls and whistles.

I walk away, satisfied. Perhaps he'll be okay after all. :)

05 July 2010
News and current affairs

I own a Gaddi dog (an Indian sheep dog) called Sheroo. He is a 120 pound sheep dog who can bring a wild cat or a wolf down. I have kept him for the protection of my cattle. Sheroo is brown, big, shaggy and so obedient and intelligent that he sometimes even writes a blog post for me. Ha! Just kidding. But he is really obedient and intelligent, mind you.

Once I heard of a big dog show in Delhi. I heard the prize money for the ‘Best Allround Dog’ was 50k. Money led me in. It was a big show. So many dogs had come in. I had never seen dogs of such variety.

People bought many dogs too. A dog (a Poodle) got sold for 1 lac rupees. A maid servant, who had been working for a family since the last 10 years and had not earned 1 lac till now brought the Poodle home. The poodle was treated so well by the family. I wish the maid was also a Poodle.

Anyways, I went to the registration desk to register Sheroo.

“Which breed”?, asked the official.

Gaddi kutta hai janab (It is a Gaddi Dog)”, I answered.

“That’s no breed”, he spat back.

“Sir, he is obedient and very intelligent. He guards my buffaloes and cows”, I said politely.

“No. He can’t be registered”, he was indifferent.

“But...”, I tried salvaging but he did not budge. That man was a savage. I saw he owned a Rottweiler. Ha!

Anyway I had a look what the dogs with their trainers did. They did really well. The Poodle had won the competitioin. But I am sure my Sheroo would have done equally well. But he was of no breed. Just a Gaddi dog; very obedient and very intelligent.

When I was returning back a friend who was interning at a large law firm in Mumbai called, “Yaar. They didn’t give me a PPO”.

My friend is not from a National Law School. He was sad, so was my Sheroo.

The Poodle was happy. He was small and a bit dumb too. But he was a Poodle and imported from Britain.

BTW, did I tell you that a foreign degree will hold you in good stead for a law firm job? I wish everyone was a Poodle.

When I went back home I trimmed my sheep like they trim Poodles.

My fellow villagers don't read my blog but they tell me I am unusual and subtly brilliant, even when it comes to shearing my sheep.