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LegalEagle The Official Newsletter of UILS V O L U M E 1 , I S S U E 1

O C T O B E R , 2 0 1 0

From the Vice-Chancellor's Pen…

Contents

The Legal Bulletin

....1

Live-in Relationships

....6

On your mark, Get, Set, FIASCO!

....11

Bar Exam - A New Chapter in Indian Legal History

...12

IDIA

....16

Lex Amicus

....20

Guest Column

....22

Student Poli'ticks'

....25

Witness Box

....31

The Good, the Bad and the Ugly!

....34

New Girl in the City

....38

It is a matter of immense pleasure that University Institute of Legal Studies is launching “LegalEagle” – A Biannual Newsletter from this semester. The newsletter is an apt medium for the exchange of legal news and innovative ideas among the members of the legal fraternity. Also, it provides a medium of expression to all the budding lawyers and creative writers. On this occasion, I extend my felicitations to the Chairperson, staff and students and best wishes for the success of this newsletter. Prof. R. C. Sobti Vice Chancellor , Panjab University, Chandigarh

About LegalEagle LegalEagle has been conceptualised by Nitish Saxena, a 3rd year student of UILS, Chandigarh. LegalEagle is about everything which concerns a law student. It has been conceived with both legal and literary objectives. It primarily deals with legal news and latest developments of the legal scenario. In addition, it comprises articles and write-ups, both legal and non-legal in nature, written by law students, with a view of combining their academic and non-academic interests. Read on!


From the Director's Desk... The law students of today are the future lawyers, judges, civil servants, bureaucrats and responsible citizens of tomorrow. I am extremely delighted to learn that these future leaders are already aware of their responsibilities and are in search of apt modes to voice their opinions and ideas. In order to provide one such medium, we decided to bring forth “LegalEagle” – A Biannual Newsletter conceived and to be managed exclusively by the students of UILS. This newsletter will keep the budding lawyers abreast with the latest legal happenings and will also be a forum for both legal and literary thoughts. The young minds of today are greatly influenced by Information & Communication Technology (ICT) and it has quietly pilfered into all aspects of their lives. Even “LegalEagle” could not remain untouched from the world of ICT. I am happy that our students are keeping pace with times and tides of ICT. My heartfelt wishes and blessings to the students for the success of “LegalEagle” – A Biannual Newsletter.

Prof. Sangita Bhalla, Director, University Institute of Legal Studies (UILS)

Teacher's Column "The object of education is to prepare the young to educate themselves throughout their lives." HUTCHINS Education paves the path for students to learn new things in a correct perspective. It also helps them to broaden their outlook and enrich their knowledge to face the challenges of the globally competitive world. The greatest challenge for any educational institute is to produce talented human resource personnel on which the ultimate development, progress and prosperity of the nation depends. For this, in addition to the usual classroom teaching, it is imperative to provide the students with a forum to share their views on various issues and also exhibit their latent writing skills. This is necessary for students of law as writing forms an important component of legal skills and education. "LegalEagle" gives an opportunity to the students to articulate their literary skills and share their legal opinions. In this first issue, I congratulate the editorial team for initiating this newsletter and wish them success.

Dr. Sasha, Asst. Professor (History) ,UILS

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From the Teacher Editor's Desk... LegalEagle was conceived by the students. We at UILS, happily nurtured this idea, gave it shape and provided the students with their own platform. LegalEagle comes with a two-fold purpose. The primary purpose is to record all those reverberations of potential lawyers, mooters, poets, storytellers and creative artists which keep echoing in the corridors of UILS. The secondary purpose is to encourage young minds to undertake writing. Out of the four skills of verbal communication i.e. listening, reading, speaking and writing, the productive skills (speaking and writing) display the strengths and weaknesses of our linguistic proficiency. Speaking skill generally takes more attention because it is the first exposure of the self to the world outside both in the formal as well as informal environment involving communication. At UILS, we have been giving a lot of exposure to speaking by means of curricular (mooting, projects and presentations) and extra-curricular (debates, declamations, speeches, JAMs, extempore etc.) activities. However, somehow the thrust on writing remained comparatively under emphasized. Taking the first step in writing is indeed a very bold and daunting task for any individual and especially for students. The only real life experience when they face writing is perhaps in the examination hall where they write under the constraints of time, choice of topic and word limit. So the result is that an average student comes up with a repulsive attitude towards writing. So much so that his writing does not reflect his aptitude and rather betrays him. The result is poorly reflected in his report card. In order to overcome these practical problems, it is very important that students are given cordial and conducive environment, constructive feedback and a choice of topic so that writing naturally flows out from them. LegalEagle is a step in that direction. Its ambition is to capture those promising lawyers, who excel in speaking when they perform in moots, and give written expression to their thoughts, ideas and opinions. The response was really heartening because we received contributions from even those students who had been in their cocoons in the department. Space was the biggest constraint. But by no means were the contributions which are not included inferior to the ones which have been published. We have carefully preserved them for our next issue. I extend my congratulations to all those who worked for the pioneer issue of this newsletter. A special pat on the back of the Editorial Team of LegalEagle. Happy Reading!

Dr. Chanchal Narang Assistant Professor in English University Institute of Legal Studies Panjab University, Chandigarh

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Modest Beginnings... "Words are a lawyer's tools of trade", said Lord Denning in the year 1979. His statement hasn't lost its significance even to this day, although law as a profession has advanced multitudinously over these years. The importance of language and expression cannot be undermined in the legal profession, which is why we feel proud and privileged to launch LegalEagle - a literary-cum-legal newsletter for the students of University Institute of Legal Studies, Chandigarh. We have often come across websites, blogs and magazines providing legal content but how many of us actually make an effort to read them? We hear of law review journals, books and research papers but aren't they too taxing to read and comprehend for an average law student? What was required was a platform which could provide a bit of

everything under one roof - something for everyone. Non-NLU students have always been overshadowed by NLU students - FACT. NLU students are more capable and equipped than non-NLU students MYTH. Busting myths and making the impossible happen is one of our foremost objectives, however ambitious it may sound. We feel there is only one thing that separates the two 'classes' of students described above, and that is exposure. We, at LegalEagle, hope to create an amalgamation of quality legal content and meticulous literary expression so as to give wings to ideas and open the window of thoughts and information. It was indeed a daunting task conceptualizing the newsletter and thinking what all would appeal to the law students of

today. It took us more than a month to put the pieces of the jigsaw together and here is the final result. Hope the readers find it legally wholesome and intellectually stimulating. We would like to thank Prof. Sangita Bhalla, Director, UILS, for lending all the support we required; Dr. Chanchal Narang, for her invaluable guidance; Mr. Kian Ganz, owner of LegallyIndia.com for his cooperation and Mr. Atish Ray for designing the oh-so-awesome LegalEagle logo! Hope this first issue turns out to be a reader's delight! Nitish Saxena Founder & Student Editor (On behalf of the Editorial Board)

Faculty LegalEagle – The Biannual Newsletter of UILS Printed and Published under the aegis of: Director, UILS Panjab University, Sector 14, Chandigarh

Comment, criticize, contribute at: legaleagle.uils@gmail.com or call us at: +91 99 88 246 110 We would love to hear from you!

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Prof. Sangita Bhalla (Director) Dr. Sasha Dr. Navneet Kaur Arora Dr. Chanchal Narang Dr. Shruti Bedi Dr. Pushpinder Gill Dr. Sarabjit Kaur Ms. Meenu Kaushik Dr. Jasmeet Kaur Ms. Sabina Salim Dr. Stellina Jolly Dr. Amita Verma Ms. Jai Mala Mr. Jasneet Kaur Walia Ms. Karan Jawanda Ms. Anju Berwal Mr. Bharat Mr. Ajay Ranga


The Legal Bulletin the latest in Bar Exam Lodging of two FIRs permissible: SC The Supreme Court of India on 26th August 2010 while deciding the case of A.M. Bharvad & Ors. V. The State of Gujarat and Ors. held that registration of two FIR's is permissible in case the police comes across totally different versions of an incident or a counter-claim. However, if after due investigation the police discovers that the second FIR relates to the same incident as that of first, then the second will be quashed.

De-recognition of Law Colleges list The Bar Council of India has uploaded the much awaited list of de-recognized law colleges across India. Rahul Singh, Member Directorate of Legal Education expressed pride in the decision made by the BCI under the leadership of Mr. Subramanium. The law colleges listed in the “Minutes of Meeting” were each given a span of 30 to 45 minutes discussing in detail the inspection report and files which have been in the BCI office since 1961, all were summoned and seen into and then the final order was passed. The list of affected colleges and detailed reasoning behind derecognition is available on the BCI website.

RTI inquiry on why Rainmaker to conduct AIBE Anup Surendranath, a NALSAR graduate and Oxford D Phil student, has filed an RTI inquiry asking for the BCI's reasons for appointing Rainmaker for conducting the All India Bar Exam. In response, the Bar Council said that representatives from Rainmaker approached them for conducting the exam and that proposals were not received from any other body. However, the BCI did not issue any public notice inviting proposals to partner with it for conducting the AIBE. Further, the BCI has refused to furnish a copy of the contract entered into with Rainmaker, thereby making it difficult to examine the details of the contract.

Deadline Extended for AIBE Applications The BCI has extended the deadline to apply for the AIBE to 31st October 2010 to accommodate students facing delays in enrolment due to delay in release of certificates from their respective law schools. The Bar exam has been challenged by more than 10 writ petitions hitherto, which are due to be heard by the Supreme Court on 20th October, 2010. The Bar Exam is scheduled to be held on 5 December 2010.

AIBE Methodology Mass Transfer of Judges CJI S. H. Kapadia recommended to the Union Government the transfer of 20 High Court judges in 'public interest'. No specific reasons were given for the same. The CJI also sought their preferences of the HC to which they would like to be shifted. This decision was taken by an SC Collegium headed by the CJI. In 1993, former CJI M. N. Venkatachaliah had ordered the transfer of 50 HC judges during his tenure. In reaction to the above, Bombay HC judge, Justice Rajiv Shyamrao Mohite, who was supposed to be transferred to the Patna High Court, has submitted his resignation papers to President Pratibha Patil. This can be seen as a sign of defiance against the mass transfers.

The All India Bar Examination will have 100 multiple choice questions from the subjects prescribed by the Bar Council for the 3 years and 5 years LL.B. courses. The questions will be based on knowledge and reasoning and a maximum time of three and a half hours will be given to the examinees. The exam will be an open book test.

Justice Corrupt? Former law minister and senior advocate Shanti Bhushan filed an affidavit along with his son Prashant Bhushan, accusing at least eight out of sixteen Chief Justices of India to be corrupt. Although they cannot prove their stand, they do have evidences against Justices Punchhi, Sabharwal and Anand, on the basis of which they seek their impeachment. However, Justice Salve, who acted as 'amicus curiae' expressed his regret at such comments by Shanti and requested to file a petition against him for 'contempt of court'. Not fearing such charges Shanti says cleaning out the law and justice system will be worthwhile if he is sentenced to imprisonment. Following this, Prashant Bhushan filed a supplementary affidavit giving 'evidence' of the corruption charges levied by him. Most of the 'evidence' is in the form of inferences drawn from judgments and statement regarding the houses and other amenities accorded to judges. However, Former Attorney General Soli Sorabjee said the senior Bhushan's application seeking contempt proceedings against him was nothing but "filial loyalty, irresistible itch for martyrdom and ravages of old-age".

Woman in live-in relationship with a married man cannot be prosecuted for 'cruelty': SC The Supreme Court ruled that a woman staying with a married man in a live-in relationship cannot be prosecuted for cruelty under Section 498-A of Indian Penal Code. The apex court dropped criminal proceedings against the appellant as the section states that “either the husband or the relative of the husband of such woman subjects her to cruelty”. The Court said that a woman in a live in relationship cannot be considered a relative of the man as status of a relative can be conferred only by blood connection, marriage or adoption.

Multi-state Cooperative Societies Amendment Bill approved The Union Cabinet has approved the introduction of the Multi-State Cooperative Societies (MSCS) Amendment Bill, 2010 in Parliament for enhancing public faith in the cooperatives and to ensure better accountability of management towards its members. There will be members chosen within a reasonable time period who are to take part actively. So as to make sure there is expert supervision, experienced people from various fields will be selected. There will be maintenance of documents by Central Registrar in electronic forms. This act is to replace the existing act of 1984.

Our News Reporters: Jasleen Kaur (5th Semester), Harpreet Kaur (3rd Semester), Aabha Sharma (3rd Semester) & Amanpreet Sabharwal (1st Semester)

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Pride of India Award: First Sikh and Asian Judge in UK awarded Sir Mota Singh was awarded the prestigious 'Pride of India' award by India's High Commissioner to the UK, Nalin Surie at the Marriott Hotel in London on September 20, 2010. The first Sikh and first Asian judge to receive the Award, he made headlines with his appointment to the bench in 1982. Speaking on the occasion, he said “The UK has been a good host country and India-UK relations which have been good, have now moved into a higher trajectory - a strategic partnership at higher level". Recently, he was in the news for supporting the carrying of kirpans to school and other public places.

Hike in judicial clerkship stipend The Supreme Court of India has increased the stipend amount for graduates working as judicial clerks for one year. The amount has been increased from ` 20,000 per month to ` 25,000 per month. A further hike in the stipend amount is rumoured for 2011.

Now, Law Schools Open to Third Sex Acknowledging their difference, premier national law schools will include an 'Others' category for transgenders in application forms from the next academic year. The proposal will be put before the Common Law Admission Test (CLAT) committee in October or November. NLSIU ViceChancellor Prof. R. Venkata Rao termed it as an important move in the area of human rights and remarked, “Students should laugh with others, not at others. That will be our motto.”

Approval of Budget for E-Courts The Cabinet Committee on Economic Affairs has approved a budget of ` 935 crores for e-courts under the mission plan of e-governance. This project seeks to provide video conferencing facilities in court rooms. In addition, the entire case process, i.e. filings and judgment, will be in digitized format. Judges would be provided with touch screens which would display details of any required case. As of now, the Supreme Court and all High Courts have been computerized and now, the National Informatics Centre's focus is on the 400 odd District Courts.

Luthra & Luthra ventures into IPR Top tier firm, Luthra & Luthra has ventured into the domain of intellectual property rights (IPR) enforcement by hiring three senior lawyers previously working for Anand & Anand. These three lawyers namely, J Kumar Bhardwaj, Munish Mehra and Amit Upadhyay along with two junior fee earners will create an IP practice of around 15 lawyers at Luthra & Luthra.

Hyderabadi Haleem secures Geographical Indication tag Hyderabadi Haleem has been registered as a geographical indication (GI) under the Geogarphical Indications Act, 1999. This means that haleem makers outside Hyderabad will not be able to sell their products as Hyderabadi Haleem. Further, the GI right is a community right and is not restricted to a particular individual. However, haleem makers within Hyderabad will have to get themselves registered as authorised users as per the Act.

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Who should regulate Law Schools?

The HRD Ministry and Ministry of Law and Justice are at loggerheads over taking reigns of legal education in India. The present scenario grants full control of legal education to the Ministry of Law and Justice. The HRD Ministry plans to have all streams of education under a single regulatory authority in order to discourage disparity. In order to oppose this change, the Ministry of Law has drafted Higher Legal Education and Research Bill, 2010 (Law Ministry Bill) to counter the HRD Ministry's National Commission for Higher Education and Research Bill, 2010 (HRD Ministry Bill), which had proposed the formation of a single authority for higher education, with much wider powers than the present Univ ersit y Gran ts Com miss ion (UGC).

NALSA to train 1 lakh paralegals The National Legal Services Authority (NALSA) has taken up the project of training volunteers from various law schools and colleges in order to create paralegals that can go to villages and look into the grievances of villagers. Three trainers for each village have been appointed who would train volunteers on the basics of the Constitution and other legislations ranging from the Negotiable Instruments Act to violence against women.

Rotting Foodgrains India's agricultural production has risen sharply, leaving storage capacity far behind. Currently, 87 million tonnes of grain is being stored by the Food Corporation of India (FCI) and Central Warehousing Corporation (CWC). The public sector unit plans to build 91,050 tonnes of capacity during 2009-10 and 177,300 tonnes during 2010-11. Food Corporation of India is not currently building additional capacity. The issue came into light after about 77,000 tonnes of grain rotting came to light and the Apex court ordered stringent measures to be taken by the government on including free distribution of the foodgrains to the BPL families.


Justice Delayed is Justice Denied Komal Garg, 7th Semester

A

n independent, fair, impartial, speedy and efficient judicial system is the very essence of civilisation. In ancient India, the concept of Nyaya Devata was there, which elevated justice to the status of the divine. In Modern India, it is the Supreme Court which is the most sacred institution and the supreme apostle of justice. The Government's motto is Satyameva Jayate. Justice- social, economic and political to all citizens is one of the key mandates of the Indian Constitution. But contrary to the above, our judiciary, owing to its very nature of functioning, has become ponderous and somewhat inefficient. Mr. Nani A. Palkhiwala, a renowned jurist opined that “Justice in common parlance is considered as blind but in India it is lame too and hobbles on crutches”. It is on the verge of collapse with more than 30 million

The irony is that for every 10 lac people, there are only 10-20 judges. In contrast, in Western countries, for every 10 lakh people, there are 135 to 150 judges

cases that took so much of time that even one generation wont be enough to get any type of redressal. It was rightly observed by former British Prime Minister William E. Gladstone that 'Justice delayed is Justice Denied' holds true for millions and millions of Indians. Similar view was stated by Martin Luther King as “Justice denied anywhere diminishes justice everywhere ''. A popular TV advertisement of a plywood company shows two lawyers arguing a case. The underlying theme of the ad is the timeless plywood table top which the Judge uses to bang while adjourning the case. The ad starts with two young lawyers who end up being old and feeble arguing the same old case. The ad, with the punchline “chalta rahe, chalta rahe” (keep going, keep going), is a satire on the Indian Judicial system.

the loss of confidence of the general public in the judicial system. Various factors have contributed to the delay in the delivering of judgments Ø Inadequate number of courts. Ø Clogging of system with meritless cases. Ø Use of the courts to settle matters which can be resolved by negotiation. Ø The low judge-population ratio. The irony is that in our country for every 10 lac people, there are only 10-20 judges. In contrast, in the Western countries, for every 10 lakh people, there are 135 to 150 judges. Other aspects that contribute to judicial delays include poor methods of police investigation; general administrative disorganisation and lack of use of modern technology in judicial procedures in Hussaniara v. State of Bihar [1980 SCC (1) 81], the Supreme Court made it clear that, “Speedy trial is of essence to criminal justice and there can be no doubt that the trial by itself constitutes denial of justice and undermines the basic structure of constitution”.

This really paints a very dark and gloomy picture of the Indian judicial system and it is a reminder of the fact that all is not well with our judiciary.

The Supreme Court, in the case of Maneka Gandhi v. Union of India [AIR 1978 SC 597] held that, “there can be no doubt that by speedy trial we mean a reasonably expeditious trial– it is an integral and essential part of the Fundamental Right to life and liberty, enshrined in Article 21”.

The court delays have diminished the quality of justice which has led to

Apart from Article 21, the Preamble of the Constitution of India enjoins

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the State to secure, social, economic and political justice to all its citizens. The Directive Principles of State Policy declare that the state should strive for a social order in which such justice shall inform all the institution of national life [Article 38(1)]. Article 39A also incorporates the same principle and proclaims that, “The State shall secure that the operation of the legal system promotes justice; to ensure that opportunities for securing justice are not denied to any citizen by reason or other disabilities.” The current scenario of the Indian courts suggests that it will take more than 300 years to clear the backlog of cases. A few recent cases prove the above statement to hold true. The Ruchika murder case [Cri Rev. No. 1558 of 2010] is one such example where the case got 400 hearings, 40 adjournments and continued for 19 long years. It ended with the accused being punished

with imprisonment of 6 months and a fine of `10,000, although he obtained a bail within 10 minutes of the verdict. The situation was a little different in the Jessica Lall case [2001 CrLJ 2404 (Del.)], where the accused, Manu Sharma was acquitted of all charges in 2006. However, he was sentenced to life imprisonment owing to intense media and public pressure. Same was in the case of Priyadarshini Mattoo [2007 CrLJ 946], where a 25 year old law student was found raped and murdered at her house in New Delhi in 1996. The accused was Santosh Singh, son of a Police Inspector General, and was earlier acquitted by the Trial Court in 1999. This decision however led to a massive public outcry and the court sentenced Santosh to death in 2006. The often repeated quote 'justice delayed is justice denied' and 'justice hurried is justice buried' may hold

true, but today the true challenge before the legal fraternity is to strike the right balance between the two. So, our aim should be to ensure 'quick dispensation of justice without being hasty'. What is required is not just the efforts of the judiciary but the contribution and co-operation of the legislature and the executive as well.

Criticism Not Contempt!

T

he forefathers of our Constitution gave to us the gift of democracy for which they fought a long battle. The subsequent generations, born in free India, have since then been nurtured on the notions of the right to freedom of movement, religion, speech, expression and all things necessary to lead a wholesome life. These rights have been embodied in the supreme law of the land itself and are not restricted to curb undue interference from other citizens but also from the government.

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In view of the Utilitarian principle of the 'greatest good of the greatest number', these rights have been granted subject to 'reasonable restrictions'. A simple question is thereafter bound to arise 'who

Judges in India should answer the abuse of their judgments not by frequent and ferocious contemptsentencing but by fine performance

Shubreet Kaur

7th Semester decides what is reasonable?' The answer is as simple as the question itself: 'the courts'. In case of breach of our Fundamental Rights due to excesses committed by the legislature the judiciary can deem such acts as void. But then a tough question arises 'What if the judiciary commits excesses?' As Aristotle put it, “Men are political by nature.” Our judges too, like the rest of us, are affected by pride and passion. The masses have the power to remove the legislators from office by exercising their right to vote. Removal of judges, however, is a legislative act which the masses have


no say in. Lord Justice Scruttin in an address delivered to the University of Cambridge Law Society in 1920 said, “Where are your impartial judges? They all move in the same circle as the employers, and they are all educated and nursed in the same ideas as the employers. How can a labour-man or trade unionist expect to get impartial justice?” Most of the Indian judges too belong to elite classes like their English counterparts. Doesn't this raise a presumption of bias in the minds of prudent persons? But the Constitution fails to provide an effective mechanism for checking its own custodian. Criticism of judicial decisions in a healthy manner, if used effectively, is a powerful weapon in the hands of the masses and can have far reaching consequences. The best example of this is the Mathura Rape Case [(1972) 2 SCC 143]. The Supreme Court decision in this case acquitting the accused policemen who allegedly raped a poor girl in the police station raised hue and cry. Public criticism provided an impetus for the law to be amended. Higher punishment for custodial rape was included in the Indian Penal Code and provisions in favour of the victim were added to the Indian Evidence Act. However, not all decisions receive public attention. For instance, crime statistics collected in Mumbai by the Tata Institute of Social Sciences from one police station reveal that over a period of eight years not a single person has been convicted for any offence against women, though several cases were registered. The need for an agency to monitor complaints and criticism against judges arises as the public cannot be

expected to monitor each and every decision given by every court in the country. The Judges (Inquiry) Bill, 2006 seeks to establish a National Judicial Council. The proposed Council would investigate complaints by any persons or upon receiving a reference from Parliament based on a motion. A major drawback of the proposed Bill is that the Council would consist solely of members of the judiciary (the Chief Justice of India, two Supreme Court judges and two High Court Chief Justices). The dream for an independent monitoring agency, therefore, seems farfetched. So the lawyers, law professors and law students should participate in responsible and healthy criticism in order to bridge the gap between the citizens and justice. Justice Krishna Iyer describes two methods by which judges can handle criticism. These methods are: considering it contempt of court or by fine performance. Lord Shawcross, criticizing one of Lord Denning's judgments, said, “Denning is an ass.” Instead of taking contempt action, Lord Denning chose to

disprove the statement by fine performance and went on to become one of the finest judges in the world. The judges in India should take this as an example and answer the abuse of their judgments not by frequent and ferocious contemptsentencing but by fine performance. Contempt proceedings are of course necessary in certain cases but they should not be used to conceal the shortcomings of judges. Justices Shinghvi and Ganguly of the Supreme Court stressing that the courts should exercise restraint while punishing for contempt have stated, “Contempt power has to be exercised with utmost caution and in appropriate cases.” If the law gives powers and immunities to the judges there must be a corresponding duty on them to face responsible criticism. REFERENCES www.indiankanoon.org/cached/1222149 www.indialawyers.wordpress.com/category/ contempt-of-court www.timesofindia.indiatimes.com/india/Con tempt-of-court-Apologize-quickly-or-facejail-warns-SC/articleshow/5935775.cms

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Live-in Relationships

Jasleen Kaur, 5th Semester

Is the modern, liberalised society of India ready to sacrifice a sacred institution of marriage and accept the concept of a live-in relationship?

M

arriage in India has always been a sacrament and carries with it the tag of a religious and divine institution. The institution of marriage has always held a vital position in society as one of the essential duties to be performed by an individual. The nation, being a little conservative and traditional in its approach has till date refused to accept pre-marital intimate relationships between a man and a woman and a stigma has constantly been attached to such activities which so far have been performed by a small section of people.

Living together of two adult people cannot be an offence and there is no law prohibiting live-inrelationship or premarital sex. But the legal system of India, gaining momentum, has drawn nearer to the latest trends through the machinery of interpretation of law by the Judiciary. The concept of live-in relationship in India is not supplemented with any definite laws rather it is regulated by court verdicts. Thus, the law on live-in relationship, still in its nascent stage, is developing through the judgments of the judicial courts. Live-in relationship, a deviation from the conventional form of marriage, includes everything except the social and legal stamp on the relationship

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shared by two adult individuals. Due to the unfamiliar feature of this relationship, the judiciary has recently passed numerous rulings regarding various aspects of this unique bond.

[AIR 2006 SC 2522]and held that living together of two adult people cannot be an offence and furthered the point by adding that there is no law prohibiting live-inrelationship or pre-marital sex.

Live in relationships were first formally recognised by an Indian Court as a component of Article 21, the Right to Life and Personal Liberty [Jyoti v. State of U.P, AIR 2004 All. 45]. Since then, this concept has witnessed a growing acceptance among the legal fraternity through the opinions delivered by the courts in this respect.

Independence along with emotional, physical and intellectual security is available to the partners in the relationship at one go. Also, the sense of a successful career is as ingrained in the minds of the women of today as the men and so instead of sacrificing their career and settling for a married life, they opt for a livein relationship where the couple share a domestic relationship but the responsibility of a married life does not exist. Moreover, the growing trend of professionalism has led to more and more people opting out of commitments at the emotional front and delay in parenthood leading to a rise in live-in relationships.

The major breakthrough came in the form of the Supreme Court verdict [S. Khushboo v. Kannaimmal and Anr, 2010 (4) SCALE 462], wherein a three-judge bench comprising of Chief Justice K. G. Balakrishnan, and Justices Deepak Verma and B. S. Chauhan, relied upon the judgment of Lata Singh v. State of U.P. & Anr.

Even though the law presumes existence of marriage between a man

...a live-in relationship is a walk-in and walk-out relationship and does not create any legal bonding for the partners. - Justice S. N. Dhingra


and a woman sharing a domestic relationship, but considering the basic concept of a live-in relationship, Justice S.N. Dhingra of the Delhi High Court (Alok Kumar v. State & Anr., decided on August 9, 2010) expressed that a live-in relationship has no consequences in law. He put it as a walk-in and walk-out relationship which had no strings attached to it and did not create any legal bonding for the partners in the relationship. According to this judgment, there is no recourse in law as regards maintenance or security upon the ending of a live-in relationship in anything other than marriage. A contrary view safeguarding the interests of women in the patriarchal society of India has been expressed by Justice A. K. Ganguly (Sep 26, 2010, Report of the Hindu) when he declared that, a woman who has stayed in a live-in relationship for a long time is entitled to maintenance after she has been deserted by her partner. Another major aspect concerning a live-in is the status of children born out of such cohabitation of partners. Applying Section 16 of the Hindu Marriage Act, 1955 by which creates a legal fiction and the children born not out of a valid marriage are considered legitimate and have all legal rights as regards a legitimate child with respect to their parents, the Supreme Court in the case of Bharata Matha v. R. Vijaya Renganathan, [2010 STPL (web) 406 SC] held that the children born out of a live-in relationship would be entitled only to inherit the self-acquired property of their parents and did not have any right in the ancestral property of their parents as they were not born

out of a lawful wedlock. But in a recent judgment of the apex court it was held that since the law is in favour of a marriage and presumes marriage in case of longterm cohabi-tation between two persons, the children born out of such a relationship shall not be considered illegitimate (Madan Mohan Singh & ors v. Rajni Kant & Anr., Civil Appeal No. 6466 of 2004, decided on August 13, 2010). Although a live-in relationship is not at par with marriage in the eyes of law, even then, a person already married to one cannot enter into a live-in relationship with another during the lifetime of his/her spouse. Such an act would result in adultery and such a live-in relationship would not lead to a presumption of marriage as bigamy is prohibited by law [Bharatha Matha case]. The status of the parties in a live-in relationship is still not defined as regards formal interactions. To the world, a couple in a live-in relationship continues to be two individuals and not one as in the case of a marriage. The population of India has met these decisions of the Court with a mixed reaction. One section of people in strong opposition to development of these concepts believe them to be against the norms of the society and traditions and values of India. Some also view this as granting validity to prostitution. On the other hand, there are others who view live-in relationships to be

a prerequisite to marriage or even a better substitute to it. Considering the fact that there is more interaction with a person, you are at a better position to make out whether a married life with him/her would be a success or not. In case of a disappointment you can always end the live-in relationship and avoid a divorce. Another opinion is that such a relationship provides both independence and security to a person and hence the personal growth of an individual is not hampered. But with the growing economic independence and advancement of society, radical changes have been witnessed which have forced the traditional values of the country to give way to the more liberal, westernised concepts. Marriage, a legal and social institution, a social bonding between a male and a female, is slowly being replaced by live-in relationships. Be it the concept of mixed hostels in professional institutions, working together for long hours, or a greater sense of freedom, whatever the reason, live-in relationships are being practised by a large number of youngsters in the society and slowly the inhibitions attached to it are also fading away.

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Century-Old Chinks : Imperatives of Amendments in The Anand Marriage Act, 1909 Madhuri Sharma, 3rd Semester

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nvisioned, initiated and implemented under the allembracing teachings and practices of the great Sikh Gurus, The Anand Marriage Act, 1909 (one of the briefest Acts in Indian Legal History) saw the light of day on October 22, 1909. The Act came into being due to the efforts of Tikka (Prince) Ripudaman Singh and Sardar Sunder Singh Majithia, members of the Imperial Legislative Council. These men were able to impress upon Lord Minto the importance and the need for enacting such an Act.

laws, why not the Sikhs? Therefore, I pray that The Anand Marriage Act, 1909 becomes the legal tender for Sikh marriages and we be separated from the Hindu Marriage Act once and for all and for all times to come.” It is opined by Sikh scholars that the very purpose of this Act as contained in its preamble has been defeated by a number of shortcomings. The

Despite being a seminal document validating all marriages within its scope and accompanying exemptions, saving of marriage clauses etc., the Act exists as a paper document till date without any practical utility. Sikh leaders from the political, religious and societal fields have often argued about the irrelevance and the inadequacy of the Act. The crux of their arguments is contained in the speech given by S. Simarjit Singh Mann in the Indian Parliament on December 9, 2003. While speaking during the presentation of the amendment Bill of The Special Marriage Act, 1954 and The Hindu Marriage Act, 1955, he said: “If all religious denominations in India, the Hindus, the Parsis, the Christians and the Muslims have separate and respective marriage

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preamble sets out the purpose of the Act as follows: “This form of marriage has long been practised among Sikhs but there are good reasons to believe that in the absence of a validation enactment, doubts may be thrown upon it and Sikhs may have to face great

difficulties in the future and incur heavy expenses on suits instituted in the civil courts”. The present form of the Act, being sketchy and brief, has fallen short of its intended objective of reducing the difficulties of the Sikhs. A number of chinks have been highlighted by Sikh scholars. To begin with, there is no provision for registration of marriages performed under the Act. Secondly, the Act exempts a marriage between a Sikh and a Non-Sikh. Thirdly, since Sikhs have to get their marriages registered under The Hindu Marriage Act, 1955 or Special Marriage Act 1954, it leads to further complications. When a marriage is registered under the Hindu Marriage Act, it gives the impression that all those governed by it are Hindus whereas Sikhs claim to have a separate identity on the basis of language, religion and culture. Moreover, a marriage between a Sikh and a Non-Sikh is perfectly valid under The Hindu Marriage Act. However, such marriages are beyond the scope of The Anand Marriage Act and are therefore invalid under this Act. To overcome this problem, Sikh parents have to perform marriages following both Sikh and Hindu rituals. Furthermore, registration of marriages under The Special Marriage Act, 1954 is comparatively cumbersome and discriminatory. For example, Section 15(d) of The


Special Marriage Act puts a condition that the parties to the marriage should be at least 21 years old at the time of registration of marriage despite the fact that the marriageable age for females in India in 18 years. So if a Sikh female marries at the age of 18 under The Anand Marriage Act 1909, her marriage can't be registered under Special Marriage Act for another three years. In view of the above stated irritants, it is imperative that, the provisions regarding marriage registration and certification in respect of all Sikh marriages, including the marriage between a Sikh and a Non-Sikh should be incorporated into the Act to widen its scope and applicability. Since India is proud of its composite culture, Sikhs too should be governed by specific laws like the Christians, the Muslims and the Parsis. The Punjab Government recognized the Anand Marriage Act 1909 by passing the Punjab Compulsory Registration of Marriage Bill 2008. At the level of the Central Government, a draft Bill has been drafted. Once passed, there will be a special provision for registration of marriages performed under Sikh

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Ø Without prejudice to anything contained in any law, for the purposes of facilitation of the proof of Anand marriages, the State Government may make rules providing that the parties to any such marriage, whether solemnized before or after the commencement of The Anand marriage (Amendment) Act, 2008, may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed under the rules made under this section in a Marriage Register kept for the purpose. Ø The Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar on

Ø Notwithstanding anything contained in this section, the validity of any Anand Marriage shall in no way be affected by the omission to make the entry. Ø All rules made under this section shall be laid before the State legislature, as soon as may be, after they are made. To conclude, it is suggested that suitable amendments which within the parameters of National Integration be made to The Anand Marriage Act, 1909. REFERENCES Sarfraz Khawaja, Dr., Sikhs of the Punjab 1900-1925: A Study of Confrontation and Political Mobilization. K.S. Talwar, The Encyclopedia of Sikhism. Move on Anand Karj Act: Punjab MPs meeting today, The Tribune, Thursday, March 6, 2003, Chandigarh. Ceremonies of Bliss: Anand Karaj & Birth of a Child, - A Review by Col. Amrik Singh (Retd.). “Sikhs and Personal Law,” on Sikh Personal Law, Kharak Singh. “Implications of Hindu Law Vis-à-vis Sikh Identity,” on Sikh Personal Law,. Kharak Singh. “Sikh Personal Law Distorted: Rectification Needed,” on Sikh Personal Law, Kharak Singh .

Wikipedia has been cited as a source at least 46 times in Indian courts. Indian courts have been cited at least 888 times by Wikipedia.

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Q & A

A close look at draft of The Anand Marriage (amendment) Bill, 2008 reveals that provisions have been made to insert another section in the Act. This section is titled “registration of marriages” and it reads as under:

payment to him of the fee as prescribed under rules under this section.

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religious rights.

In the landmark case of Municipality of Ratlam v. Vardhichand, in 1980, jurisdiction of the Supreme Court was enhanced by including a certain kind of jurisdiction. What jurisdiction? Epistolary jurisdiction (writ in the form of letter written in jail)

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Ayodhya - A Political Faux Pas

Pragati Rana, 5th Semester

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ince more than 60 years, Ayodhya has been a theatre of operations. It has witnessed the bloodshed of innocents - in pursuance of political benefits behind the masquerade of religious interests. The Muslims claim it to be their land and the Hindus assert their stake but the entire matter trickles down to a 60 x 40 sq. feet area which has been converted into an arena of religious conflict for the sake of political pursuits. It clearly shows that our religious interests have become more important than the lives of our brothers and sisters. In the whole turmoil, we have actually missed out the fact that Babri Masjid was fabricated by General Mir Baqi, on behalf of Babar, for the benefit of the Mughal army. Babar was a Mughal emperor; he was neither an Islamic herald nor a Muslim 'hero' - as he has been wrongly portrayed for politically motivated reasons. Even Lord Rama did not belong to any particular community; he was a harbinger of peace to the entire humanity. He would have never contemplated that his birth place would become a battle field claiming the lives of his worshippers. Today, our hopes are focussed upon the judiciary for a solution but the judiciary is itself responsible for keeping the problem alive. Also, judicial decision is not perceived as a positive solution for the problem because of the fact that it will establish a 'winning' party and a 'losing' party thus causing further unrest in the society. What the nation awaits is not the declaration of title of the plot in favour of a particular community but for a congenial and peaceful solution. The matter could have been and still can be easily resolved through mediation by keeping in mind the idea of “Sarva Dharma Sambhava”. Since the religious sentiments of both the communities are involved, the best solution can be building of a place of worship by incorporating the architectural features of a mosque and a temple. The heads of both the religions should together lay the foundation stone. This sacred event shall send the message of communal harmony and religious tolerance across the nation and shall promote unity amongst all. We, the people of India, have to rise towards our duties and obligations towards the nation. The message of “it's enough” has to be conveyed clearly to the leaders of our nation who spread tremors of unrest and violence in the society. India will never witness such abysmal state again, if we understand:

CURRENT STATUS

Mazhab nahin sikhata aapas mein bair rakhna Hindi hain hum, vatan hai Hindustan hamara Sare jahan se acha Hindustan hamara Hum bulbullain hain iski, ye gulsitan hamara.

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On 30th September, 2010, a three Judge Bench (comprising of Justices S.U. Khan, Sudhir Agarwal and D.V. Sharma) of the Allahabad High Court passed the verdict in the 60 year old Ayodhya title suit case. It is claimed that the entire judgment of the High Court runs into 8,189 pages. The Bench observed that both parties have failed to prove commencement of their title so by Section 110 of Evidence Act both are held to be joint title holders on the basis of joint possession. With a 2:1 majority, the Bench held that all

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the three parties namely, Muslims, Hindus and Nirmohi Akhara were joint titleholders of the property in dispute. The Sunni Central Board of Waqfs announced that it would challenge the verdict in Supreme Court. Justice Sudhir Aggarwal said that the area covered by the central dome is the birthplace of Lord Rama hence, it belongs to Hindus and the area within the inner courtyard belongs to both the communities i.e. Muslims and Hindus as they had been using it since times immemorial.

All parties can file suggestions for the actual partition by submitting an application to Ayodhya Bench or the Lucknow Bench. However, for the next three months parties have to maintain status quo. Justice S.U Khan said that no temple was demolished for the construction of a mosque and in view of the religious activities taking place alongside each other, both the Hindu and Muslim parties are joint possessors of the entire disputed site.


On Your Mark, Get, Set, FIASCO! Stutee Nag, 7th Semester

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remember pledging everyday at school during the morning assembly. 'All Indians are my brothers and sisters' I'd say and then promptly add 'except for one' under my breath, only to laugh later for a good ten seconds at the funniest joke known to me at that time. Pledging that way was fun. But hey, hold your horses. Before you get all judgmental about me, let me clear the air. That was then, I have grown up now and I kid you not, I love India. I might not pledge it every day but hell yeah, I am one proud Indian. And just like you, I associate myself with everything that India feels great about.

virtual decade. Yes, we had known for almost seven years that CWG were to be held in Delhi and feeling great about something for that long a time without actually doing anything about it, it happens only in India. But soon followed the reality and I was let down. It was not long ago when I realized that we had wasted all our time boasting about it and we weren't even prepared. A mammoth like figure of more than ` 30,000 cr, I repeat, thirty thousand crore, had gone into the making of the CWG, 2010. Yeah, you heard me. That kind of money was set aside for the Commonwealth Games but was used, ahem, for not so common purposes. Now I don't know about the 'proud Indian' part of me but the 'Indian tax payer' inside my dad is surely in discomfort.

And one thing that had me feeling Indian like never before was the Commonwealth Games 2010. Something I had been taking pride in since almost forever. After all, the CWG, World's third largest and New Delhi's biggest sporting event ever (as opposed to what our politicians would have liked us to believe) did not just come barging in. I, for one, remember marking Delhi (with immense pride, of course) as the answer for the venue for the CWG 2010, in a test that was taken in the very school that I have mentioned in the beginning. And that's how the proud Indian within me basked in this national glory for a

But whose fault is it? Come on think of something quick, pass the buck. Eureka! Politicians, it is all because of them. Phew! Thank God, I am saved, that was a close shave (let's just leave it at that. I don't want to get into the details of how a politician first comes to power). By the way, it just occurred to me that they should have introduced this new game in the Commonwealth Games, the blame game. Dude! We would have made some solid gold.

I don't know about the 'proud Indian' part of me but the 'Indian tax payer' inside my dad is surely in discomfort.

Okay! That was about corruption, but the other major reason for this disaster was the never ending delay. Now I don't want to sound like a nagging parent but look at England, always ready in time. It's not even 2012 but London is virtually set to host the Olympics even two years ahead of the actual event. The

deadlines of completion of the work should have been done away with, a year ago or at the least in the month of March, the first proposed deadline which got postponed mercilessly from one date to another until it was time for the games to actually begin. You have got to trust me when I say that I could actually picture Sunny paji turn his throat inside out screaming tareekh pe tareekh every time the Organizing Committee (OC) came up with a new deadline. Soon came October and boom we were ready, ahem. To say the least we had a super swanky International Airport and a theme song, which again cost us a fortune but was no music to the ears. If they would have had it my way, the theme song should have rather been 'wake them (OC) up when September ends'. Lastly, I rested all my hopes on the Indian sportspersons who were to take part in the big show. Let bygones be bygones, I said to myself, I at the least had a chance to watch

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some quality sport. But, again, who was I kidding? Quite a few of them seemed to have popped a certain banned drug, 'just like that', as claimed by their coaches. Also a certain Brand Ambassador of the CWG sent 'soaring' the already high spirits after ranting publicly about the sub standard preparations. And that's just not it, despite the entire hullabaloo a lot of International star players opted out of the CWG 2010 quoting various reasons from sanitation to security (security being

the one thing that the OC was pretty sure about). So from the player to the politician to the musician everybody was a letdown. But I, the proud Indian, am not going to let that affect me. I don't stick to stuff like this forever. I move on. My biggest strength is my ability to forget. So what if I was humiliated internationally. It doesn't matter if the money that could have done a miraculous contribution in providing a large chunk of Indian

people with the bare minimum was rather used to fill up the coffers of the corrupt. I will go ahead and associate myself with something else. I'll go gaga about it once again and I'll expect a miracle to set things straight the next time and when I am letdown again, I'd probably write about it once more. Life goes on. Doesn't it? P.S.: Do you know what movie releases this week?

Bar Exam A New Chapter in Indian Legal History Parunjeet Singh Chawla, 3rd Semester

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he first Bar Exam heralding a new chapter in the history of Indian legal education will be held on December 5, 2010. Law graduates passing out from this year and intending to take up legal practice will have to clear the AllIndia Bar Examination (AIBE). The aim is to make admission to the Bar based on some amount of skill and also to elevate the level of legal proficiency in the country. The Indian legal profession consists of approximately 11 lakh registered advocates, around 1,000 law schools and approximately 5 lakh

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law students. Every year, approximately 60,000 law graduates join the legal profession. There is considerable distrust in the kind of legal education offered today in spite of the introduction of 5-year degree courses while keeping alive the option of 3-year post-graduate courses. It is the 'open system' adopted by most law colleges in the country (affiliated to various Universities) without any selection process or any standards for admission that has given rise to the present distrust. The deteriorating standards in mastery of the English language in which most of the legal literature is to be found is yet another contributing factor. Clearing LL.B. has become an easy task by way of preparation of only 20 to 30 days before the exam, so quality would not be maintained if all LL.B. holders will come into practice. Moreover 'correspondence courses' have further degraded the level of quality of education. This Examination has been implemented to curtail and resolve the aforesaid problems.

The AIBE will be scheduled twice every year from the 2011 calendar year, in April and November. The Bar Council of India will notify the final dates in advance of all subsequent examinations. As soon as a person successfully completes all course requirements and enrolls with the State Bar Council he or she will be eligible to take the examination. The AIBE will be conducted in nine languages which are; Hindi, Telugu, Tamil, Kannada, Marathi, Bengali, Gujarati, Oriya, and English. Advocates will receive the preparatory materials in the same language that they choose to attempt the All India Bar Examination in. The All India Bar Examination will have one hundred (100) multiple-choice questions spread across various subjects. Advocates will be required to answer questions from twenty subjects. The subjects are taken from the syllabi prescribed by the Bar Council of India for the threeyear and five-year LL.B. programmes at law schools in India (as set out under Schedule I to the


Bar Council of India Rules). An advocate who has not passed the AIBE can assist an advocate or advocates practicing in a law firm while preparing for the AIBE. In the event of not clearing the AIBE in the first attempt, one can appear for it the next time and clear it to obtain his Certificate of Practice. There are no limits on the number of attempts to clear the AIBE. Practically speaking, any law graduate who does not have practical experience at the Bar will spend their formative years working under a senior or within a structured system at a law firm. The advocate can continue with such assistance and learning, but will not be allowed to actually practice law themselves till they clear the AIBE. There are no benefits available for advocates in the SC/ST category who are attempting the exam.

may not automatically empower them to clear the Bar Exam and they need some more time to exclusively prepare for it.

changes in the same. Also suggestions for conducting a common LAWCET for all colleges in India have been given.

Some lawyers argue that holding such an exam is unconstitutional because the Advocates Act 1961 must be amended by a legislative enactment approved by both houses of Parliament before holding such an examination.

The Bar Exam has been challenged by writ petitions in various High Courts, however, a three-judge Bench comprising of CJI S.H. Kapadia and Justices K.S. Radhakrishnan and Swatanter Kumar have issued a notice on a petition filed by the BCI seeking transfer of the petitions pending in nine High Courts, including Madras, Bombay, Punjab and Haryana, and Gujarat. The Chief Justice has told the BCI counsel that it would be desirable if the petitions were heard by one High Court, in the interest of justice.

There are students who feel that some weightage must be given to the fact that they have passed from a renowned and recognized universities, because it is difficult to prepare for this exam for some of them who have already secured employment.

However the implementation of this examination has evoked mixed reactions among organizations and advocates.

The AIBE will be 'open-book', which means that advocates may bring in any reading materials or study aids that they choose, such as the preparatory materials provided for the AIBE, textbooks and treatises, and even handwritten notes. This raises apprehensions regarding the credibility of the examination.

There is severe apprehension towards this exam especially by the final year students who would be taking the Bar Exam in December this year. They fear that their education at respective law schools

Some lawyers also seem to suggest that this exam is a futile exercise and a waste of time and have suggested alternatives such as regulating uniformity of syllabus for law colleges in India and incorporating

AIBE Methodology in a Nutshell ? 100 Multiple Choice Questions ? Exam Duration: 3.5 hours ? Open Book exam ? Syllabi prescribed under Schedule I of the BCI Rules ? OMR answer sheets, no writing of answers required ? Knowledge based + Reasoning based questions ? No marks, percentage, percentile or ranking declared - in result - only pass or fail.

Despite the worries and apprehensions, this radical change is a brave step in increasing the credibility of the legal profession in the country. If the Bar Exam is a substandard one and is mere formality, it would fail to bring required legal reforms in India. On the other hand, if the exam is a real and effective one, the students must hone up their existing legal knowledge and acumen as the pattern of their study and exams at law colleges may be different from that of Bar Exams.

Bar Exam Study Material The Bar Council of India (BCI) has provided preparatory material for the Bar Exam on its website. This includes an electronic copy of Book 1 and Book 2 as well as a Model Question Paper with answers and explanations. Find it all here: www.barcouncilofindia.org/about/first-allindia-bar-examination/preparator ymaterial-and-model-questions-for-theopen-book-exam

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Bound By Honour

Tanmeet Kaur Sahiwal 5th semester

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mrana, a 16 year old girl from Bhojpur, was set on fire inside her very own house in a case of what the police call 'moral vigilantism'. She smoldered in the fire for about 20 minutes, till her neighbours arrived after hearing her screams for help. She was admitted to a local hospital where she later succumbed to her injuries. It is ironic that where countless women are brutally murdered everyday in the name of 'honour', the act in itself is one of inherent shame and disgrace. Honour killings are carried out as a punishment for marrying outside the caste, or sometimes for marrying without the family's acceptance. At times, it may result in the killing of the married couple. At times, it may result in the killing of the entire immediate family. In India, the North Indian states of Punjab, Haryana, Bihar, Rajasthan and Uttar Pradesh are the breeding grounds of this notorious practice. In contrast, honour killings are rare to non-existent in South India and also in the states of Maharashtra and Gujarat. Going by the figures compiled by the India Democratic

Haryana, Punjab and UP alone account for about 900 honour killings The annual worldwide total of honour killing victims reaches as high as 5000.

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Women's Association, Haryana, Punjab and Uttar Pradesh alone account for about 900 honour killings and another 100 to 300 in the rest of the country. This means that the total figure for India would be the same as estimated for Pakistan, which has the highest per capita incidence of honour killing in the world. In a shocking estimate by The United Nations Population Fund (UNFPA), the annual worldwide total of honour killing victims reaches as high as 5000. A sub-continental pheno-menon, honour killings usually go unreported and unpunished as most of the families try to pass it off as a natural death. Growth of the misogynist cult in the society is largely due to the community mentality of treating women as 'property'. Due to excessive subordination, women lose out crucially while the perpetrators of this heinous crime whitewash the killing with the defense of honour. Lack of action on the issue stems from the perception that violence

against family members is a family issue and not a judicial issue. However, in the wake of the rising number of honour killing cases, the authorities have begun to take notice. In June this year, the Hon'ble Supreme Court issued guidelines to the Centre and some states expressing worry over such killings, mostly carried out at the instance of khap (caste) panchayats. Alongside, the Centre is mulling an amendment to several related Acts, including the Indian Evidence Act seeking to put the onus on the accused to prove his innocence. On 30th March 2010, in a landmark judgment, a court at Karnal awarded death sentence to 5 persons while giving a life sentence to the khap (local caste-based council) head who ordered the killings of Manoj Banwala (23) and Babli (19), two members of the same clan who eloped and married in June 2007. Despite being given police protection on court orders, they were kidnapped; their mutilated bodies were found a week later from an irrigation canal.


In spite of taking preventive measures, murders and instigating suicides in the name of 'honour' continue. The women of our country continue to be deprived of the opportunity to decide their fate due to lack of political will and vote bank politics. Suffering at the hands of fathers, brothers and other male relatives has become a way of life for many women while they stay chained to custom. Clearly, the vulnerability of women to this type of violence will only be reduced when patriarchal mindsets are challenged and effectively

confronted. While efforts should be made to make people gendersensitive and shed prejudices of class, it is equally important to ensure that there is no escape for those who take law in their own hands. Gender equality, like charity, begins at home. REFERENCES India Today (June, 2010) The Guardian (June, 2010) Times of India (August, 2010) “A Human Rights and Health Priority�, UNFPA report

Knockturn Alleys Amanpreet Sabharwal, 1st Semester

Two o'clock in the afternoon, two girls walking on the road by themselves, two boys on a motor cycle stop next to them and pass nasty comments, laugh and either follow them or go ahead and tease someone else. Seven o'clock in the evening, a girl is on her Activa, boys in a car stop her, forcibly put her in the car, sexually assault her, murder her, throw her in a ditch and run away? WHY? There is no street or lane anywhere which can be called 'safe' after it gets deserted. Why is it so that girls or women are not free to go out by themselves at an odd hour or at a place of their choice? Why do they need escorts? Why are girls told to take their brothers along when they go out, wherever they go? This male oppression in the form of sexual assault is not only socially abhorrent but is also rendering women and girls dependent and fearing. The truth of the matter is that the fast pace leading to a polluted

environment and so much exposure at the adolescent and delicate age is the primary factor responsible for such actions. Also the lack of fear in the minds of the wrongdoers, failure and corruption in law and judiciary and sometimes pressure from the powerful are responsible factors at a secondary stage. When the guilty are rarely apprehended, they and others in the future commit such offences and roam freely and fearless. When the law and order is dysfunctional and unable to perform its duty, someone else may take an initiative to provide justice to the victim. In such a case, that someone is either threatened to keep out of the matter and not bring the crime into the light or he is corrupted by bribing to stay out of the scene. Also if the offender is from an affluent family, his family puts pressure through contacts and gets him out of the problem. To say there are lots of activists, women associations and groups to fight for such victims the question is, how affective they really are? Either they lack funding or they are not

backed by enough power. What happens to these victims anyway? No boy from a decent family accepts them due to which they live solitary lives. They are too ashamed to face their family, friends and society so they either commit suicide (that is if they are not brutally murdered) or become escorts. Sometimes, women are not only assaulted but also kidnapped and taken away to be either sold off or turned into prostitutes. Is this why they are born? To be toyed with? These are the truths behind the dark and deserted streets, where 'doing the right thing' is merely a phrase. All this happens due to the one mistake in the dark alley. It's really time for the government and judiciary to take stringent measures to stop such offences. Also people need to raise their voice and take action, especially women; after all help comes to those who help themselves. Why should they suffer anymore? Haven't they taken enough of the abuse? Why sit back quiet, disfranchised and powerless?

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Increasing Diversity by Increasing Access to Legal Education

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DIA is a not-for-profit endeavour initiated by Prof. Shamnad Basheer of NUJS, Kolkata. It aims to change the elitist nature of India's top law schools and encourage students from rural and poor areas of India to take up law as a career option. The project began with a handful of students at NUJS lead by Prof. Basheer visiting a school in Pelling, Sikkim to launch the first pilot project. Since then it has grown steadily and is presently embraced by NLSIU, Bangalore; NUALS, Kochin; NLU, Jodhpur; KIIT Law School Bhuvaneshwar and some of other law schools. IDIA teams, which consist of student volunteers from law schools and some faculty head visit schools in such disadvantaged areas and talk to Class 11 and 12 students about law as a career option. A law aptitude test is then conducted and students scoring highly get selected for IDIA's CLAT (common law admission test) training. CLAT training is either imparted by IMS Pvt. Ltd. with whom IDIA has signed an MoU or by some

local CLAT training institute. In case the school students thus selected belong to local areas, the students of the law school can themselves volunteer to teach the kids. IDIA believes that once such students from rural and poor regions of India make it to the top law schools; it will immensely benefit the communities from where they come from. The students will be empowered by the quality legal education and the myriad job opportunities it affords. This is grass-root development in its truest sense. IDIA has many teams viz. the media and publicity team, the research and policy making team, regional teams, etc. Many of our projects such as the IDIA's booklet on career in law; on structuring a scholarship policy in law schools etc. are being presently executed. IDIA is open to any socially sensitive law student in India who wishes to see the legal education change for good. I urge students from UILS to get to know about IDIA and start a chapter at UILS. You will surely score good karma points! Tanuj Kalia 3rd year, WBNUJS, Kolkata

To engage yourself with IDIA, contact Prof. Shamnad Basheer at shamnad@gmail.com or visit www.idially.blogspot.com for further details.

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This post is written to provide a cynical view of the categories of people one comes across in a Law School. 1. The Making Contacts Specialists: These people love to volunteer at moots, Conferences and other academic activities organized by their colleges. You will then find them going on a socializing spree at such gatherings. They start with chatting up seniors and gradually make their way to academicians/Advocates/Judges. They use all devices to make an impression ranging from flattery, humour, wit, knowledge. 2. “I am a Mooter so mankind ought to grovel at my feet” type: As the name suggests these people have their heads in the clouds. They make up the elite class in any law school. Students might hate them, be in awe of them but absolutely no one can ignore them because they make sure of that. In my very personal opinion such people have taken a break from reality and are in need of help. 3. The Schemers: “Usko mere se accha moot kaise mila??? :-o Maine toh Moot Court Committee ke har member se dosti kar rakhi thi!! Meet the schemers. They have remarkable clairvoyance regarding who can be of what help to them. Therefore their every action is guided by an ulterior motive. They set their goals not according to their own abilities but according to what people around them are doing. If their friend does one moot they have to do two, if he has written two papers; they have to write three. So their entire time goes in plotting/scheming. 4. “Mera baap lawyer/judge hai” type: At times when everybody is anxiously sending hundreds of emails in the hope that they land a good internship; these people casually click 'send' on one mail addressed to their “Daddies” and lo and behold they land an internship with the best law firm or the Chief Justice of India even, just like that. Well to these lot I would just like to quote Plutarch “It is indeed a desirable thing to be well-descended, but the glory belongs to our ancestors, not to us”. Therefore it would be nice of them to achieve things on their own sometime too and not depend upon their baap who is a lawyer/judge. 5. “I have an opinion on everything” type: It's good to have your own opinion regarding issues, provided you don't force every poor soul you come across to listen to your opinion. But this is exactly what this kind takes pleasure in doing. The hapless soul has no choice expect to listen meekly. And God forbid if “I have an opinion on everything “comes across another “I have an opinion on everything” then their tirade just never ends. 6. The Use and Throw type: As soon as you land a good moot/an awesome internship/a good post in a committee you find yourself surrounded by them. Once you provide them with help regarding the moot/information on how to go about getting the internship/do their work in the committee they vanish from your life. Hence the name Use and throw type for them. To them also I would like to quote Plutarch (Yes yes you guessed it right.I am a fan of Plutarch) “We ought not to treat living creatures like shoes or household belongings, which when worn with use we throw away”. 7. The Lost Ones: These are 'I have no clue what I am doing in the law school' ones. When these people joined law school they had a vision. Some wanted to serve the society; others wanted to fight for human rights/women rights/etc. But five years in law school leave them disillusioned. 8. The Good Ones: Err...Now do they even exist in a law school? :-o So which category do you fall in?

Blogger: 'Simba' Imported from www.legallyindia.com

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The team comprising of Abhinandan Pandhi, Amitjyoti Sandhu, Jaitsri Kaur Bhatia and Prateek Mahajan participated in the Surana & Surana International Minority Rights Moot Court Competition held at A K K New Law Academy, Pune Madhuri Sharma (3rd Semester) presenting a research paper at the National Seminar on “Role of Media in Changing Scenario� at GC DAV College, Abohar.

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Nitish Saxena, Aparna Vashishth, Pragati Rana, Ankit Chowdhri, Sangmitra Singh and Aabha Sharma participated in the International Hindu MUN 2010 held at Delhi University, New Delhi. Ankit Chowdhri also won the Best Position Paper.


Surana & Surana National Trial Advocacy Moot Court Competition 2010 (North Rounds)

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Web Watch Source: Lawyers Update Magazine

This section reviews some of the most useful and resourceful legal websites online.

www.lawctopus.com Lawctopus is a student-oriented legal website. It primarily aims at helping law students with internships, jobs, study and research material etc. The 'Intern-Smith' and the 'Cit-tory' are perhaps the best features incorporated into the site. Also, it's extremely student friendly.

www.indiacorplaw.blogspot.com A blog containing a periodic review of topics related to corporate and business law that impact India. Comprehensive, technical and useful for those who wish to venture deep into the domain of corporate law.

www.spicyipindia.blogspot.com A blog providing news and resources regarding the latest in IPR (Intellectual Property Rights) and aiming to foster a transparent, collaborative and productive IP innovation eco-system for India.

www.lawkhoj.com LawKhoj is a search engine customized for Indian legal research. Its best feature is that it encompasses all major sources of Indian legal knowledge into one. This ensures that your legal research is highly efficient, convenient and effortless.

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Hot Jobs

Judicial Clerkship The institution of judicial clerks is a recent development in the context of the Indian Judiciary. However, their services are heavily relied upon. The Supreme Court of India and several High Courts offer paid law clerkships to graduates from Indian law schools. HOW TO APPLY? The Registry of the Supreme Court of India invites applications in January each year for 'law clerk-cum research assistant' positions. The selected applicants are then allocated to work under the sitting judges of the Supreme Court. STRUCTURE Usually, one 'law clerk' is assigned to each judge for a year, though some Justices are known to engage two or more law clerks at a time. The 'law clerks' usually begin their one-year service period in July each year, soon after the completion of their LL.B. degree. STIPEND From the 2010-11 session, each judicial clerk at the Supreme Court will be paid a stipend of ` 25,000 per month, which may be increased further in the next year. In 2009-2010 the stipend being paid was ` 20,000 per month. SHORT TERM JUDICIAL CLERKSHIP/ INTERNSHIP Students can also apply as 'legal trainees' under Supreme Court Judges during their vacation periods, the duration of which may range from 4-6 weeks. Generally, these short term clerkships are non-remunerated. An application by the interested student is to be sent under the name of his University to the Registrar of the Supreme Court. The Registrar scrutinizes the application and communicates with the Head of the law institution regarding the further course of action.

Summer School The London School of Economics (LSE) Summer School is the largest University summer school in UK, with about 3,500 students attending the over 60 intensively taught 3 week University level courses. COURSES OFFERED Accounting, Finance, Law, Economics, International Relations, Government & Society and Management. WHO CAN APPLY? Each course has specific requisites. All Summer School students are expected to show grades of around GPA 3.3, or a B+ average. Applicants are expected to be proficient in the use of English for academic purposes. Due to the intensive nature of the program, an applicant cannot opt for more than one course in each session. HOW TO APPLY? Applications can be made through the online application system or by downloading the application form and posting it to LSE. All applications must be accompanied by a University transcript showing courses taken, grades and dates. It is not necessary to include a letter of reference or attestation with the application. However, in some cases it is necessary for the Summer School Office to contact references, so the contact details of someone who can provide an academic reference should be provided. APPLICATION FEE An application fee of £ 50 ( ` 3500 approx.) is required with each application.

Indian Legal Services

LEGAL CALENDAR

A complete overhaul of the Indian Legal Service is in the pipeline. The Law Ministry aims to bring the ILS at par with the civil services so that the best students out of law school join the government. At present, officers are recruited into the ILS as and when required. Now, recruitments will take place through an entrance examination followed by an interview. After their selection, the officers will be trained at National Judicial Academy, Bhopal. Their salary would be at par with other Group A services. Officers will be posted at various levels, from district courts to the State and Central governments. RECENT EVENTS

UPCOMING EVENTS

6th Surana & Surana National Trial Advocacy Moot (North Rounds), 3rd to 5th September, 2010 at UILS, Panjab University, Chandigarh 10th Henry Dunant Memorial Moot, 9th to 12th Sept., 2010, at ISIL, New Delhi Surana & Surana International Minority Rights Moot, 17th to 19th September, 2010 at A K K New Law Academy, Pune 6thth Surana & Surana National Trial Advocacy Moot (South Rounds), 24th to 26 September, 2010 at NUALS, Kochi 1st National Moot Court Competition, 2nd and 3rd October, 2010 at Chandigarh Judicial Academy, Chandigarh 7th Nani Palkhivala Memorial National Tax Moot, 7th to 9th October, 2010 at GLC, Mumbai 4th Annual B. R. Sawhny Memorial Moot 8th to 10th October, 2010 at NALSAR, Hyderabad Summons 2010 – The Cultural & Literary Fest of NALSAR, 30th September to 3rd October, 2010 NH-65 – The Cultural & Literary Fest of NLU, Jodhpur, 7th to 10th Oct., 2010

Stetson International Environmental Moot (South Rounds), 12th to 14th November, 2010 at Department of Legal Studies, University of Madras, Chennai Stetson International Environmental Moot (North Rounds), 26th to 28th November, 2010 at SNDT Women's University's Law School, Mumbai Oxford-India Media Law Moot, 11th to 13th December, 2010 at NLU, Delhi The Bar Council of India Moot, December 2010-January 2011 (tentative) at NLSIU, Bangalore K. K. Luthra Memorial Moot, 14th to 16th Jan., 2011 at Campus Law Centre, Univ. of Delhi, New Delhi Philip C. Jessup International Law Moot (South Rounds), Jan. 2011 at KIIT Law School, Bhubaneswar Philip C. Jessup International Law Moot (North Rounds), January 2011 at RMLNLU, Lucknow M. M. Singhvi Memorial Bar Council of India International Law Moot, January-February 2011 (tentative), at NLU, Jodhpur 3rd Annual GNLU International Moot Court (GIMC), 9th to 13th February, 2011 at GNLU, Gandhinagar Manfred Lachs Space Law Moot, February-March 2011 (tentative), at NLSIU, Bangalore 9th NLS Debate, 6th to 10th November, 2010 at NLSIU, Bangalore LeGala – The Cultural & Literary Fest of NLSIU, Bangalore, 12th to 14th November, 2010

(LegalEagle does not claim the above dates and venues to be authentic and final as they may be subject to change)

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GUEST COLUMN

Euthanasia: Need of the Hour

Gaurav Malhotra

3rd Semester, WBNUJS, Kolkata

T

he term euthanasia is composed of two Greek words 'eu' and 'thantos' which means good death. This concept is surrounded by misconceptions. It is a modern problem which came into being because of lack of advancement in the curative medicine. Euthanasia is a broad term for mercy killing or physician assisted suicide. Euthanasia is of two types active and passive. Active euthanasia means removing the patient from life support and by

Section 309 deserves to be effaced from the statute book to humanize our penal laws. It is a cruel and irrational provision stopping medication whereas passive euthanasia is where the patient is prescribed with lethal medication. The concept of suicide is different from the concept of euthanasia which people tend to confuse. Euthanasia is the intentional killing of a patient by the direct intervention of a doctor. It is performed when the individual is terminally ill through which he acquires the right to die with dignity. On the other hand “suicide means deliberate termination of one's own physical existence or self-murder, where a man of age of discretion and compos mentis voluntarily kills

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year or with fine, or with both.'

himself. It is an act of voluntarily or intentionally taking one's own life.” The Netherlands was the first country to legalize euthanasia and assisted suicide in 2002 only if the following conditions were met: Ø The disease is incurable, Ø The patient's suffering is unbearable, Ø Patient's condition is terminal, Ø Patient requests death. Other countries which followed suit were Belgium, Luxemburg, Switzerland, and Thailand. In India, euthanasia is illegal. The Supreme Court has held that “the right to live with dignity cannot be construed to include within its ambit, the right to terminate natural life at least before commencement of the natural process of certain death. In Indian law attempt to commit suicide and abetment to suicide is an offence under Section 309 and 306 of Indian Penal Code respectively. Section 309 states that 'Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one

But in some instances the courts have given a view that Section 309 of IPC is violative of Article 21 of the Constitution. In the Maruti Shripati Dubal case[1987 CrLJ 743], the Bombay High Court held that Section 309 is ultra vires of the Constitution which guarantees the right to life and liberty. The court explained both the positive and the negative features of the fundamental rights. To put it positively, Article 21 would include a right to die or to terminate one's life. The court pointed out that meaning of suicide is different in different societies as some suicides are eulogized, others are condemned. The want of a plausible definition itself makes the provisions of Section 309 arbitrary and violative of Article 14. Similarly in the Sanjaya Kumar case [1985 CrLJ 931] the Delhi High court held that “the continuance of Section 309 of IPC is an anachronism unworthy of a human society like ours.” In the P. Rathinam case [AIR 1994 SC 1844], the validity of Section 309 of IPC was challenged as it violates Article 21 of the Constitution. The Supreme Court held that Section 309 deserves to be

If the individual's real desire is to quit the world, he cannot be compelled to live with torture and pain


th

effaced from the statute book to humanize our penal laws. It is a cruel and irrational provision, as it may result in punishing a person again (doubly) who has suffered agony and would be undergoing ignominy because of his failure to commit suicide. The court further observed that suicide is a psychiatric problem and not a manifestation of criminal instinct.

Even the 210 Law Commission of India Report argues that right to live means right to live peacefully as ordinary human being. If the individual is unable to take normal care of his body or has lost all the senses and if his real desire is to quit the world, he cannot be compelled to continue with torture and painful life. In such cases, it will indeed be cruel not to permit him to die.

Even the religious codes were in favour of euthanasia. The commentators on Manu code, Govardhana and Kulluka, say that a man may undertake the mahaprasthana (great departure) on a journey which ends in death, when he is incurably diseased or meets with a great misfortune, and that, because it is taught in the sastras, it is not opposed to the Vedic rules which forbid suicide.

A person suffering from terminal illness has the right to end that pain by dying. An individual should not be forced to live against his/her will. If death is inevitable and pain is unbearable, the person should be allowed to die so as to alleviate pain. If Article 21 guarantees the right to life, it should be a right to life with dignity. If a person has pain in his life or is unresponsive then he is not leading his life with dignity as nobody

wants to end up being run by machines and plugged with tubes. The very thought erodes the whole concept of what it means to be human. People are entitled to dignity, in life and in death. Just as we respect people's right to live with dignity, we must also respect their right to die with dignity. Individuals suffering from terminal illnesses should have the right to refuse lifesustaining treatment and living in subhuman conditions. REFERENCES The 210th Law Commission of India Report on Humanisation and Decriminalisation of Attempt to Suicide, page 10 Maruti Shripati Dubal v. state of Maharastra,1987 Cr LJ 743 State v. Sanjaya Kumar, 1985 Cr LJ 931 P. Rathinam v. Union of India, AIR 1994 SC 1844

Legal Internships:

Tanuj Kalia 3rd year, WBNUJS, Kolkata Founder, Lawctopus.com

3 Timeless Lessons. And 8 'Must Do' Things LESSON 1: Early bird gets the worm

double vis-a-vis if you had applied a month before.

We read this in LKG. Sadly we didn't take the lesson on board. Apply for your internship as soon as possible. If you apply two months before your intended period of internship, your chances of securing an internship

The bird who sleeps is the bird who weeps. People come to me 3 weeks before their internship periods and ask me to fix their internships. I try. I fail eight times out of ten. # 1 Do this: When your vacations end, check the college calendar and jot down the next vacation (internship) period. As soon as one vacation ends, apply for the internship for the next vacation. For lawyers like KTS Tulsi, I know people who apply one year prior to their intended internship period. They get the internship with the

legend. # 2 Do this: Some of the recruiters might specify this: Please apply______months/weeks before your intended period of internship. Respect their internship policy. LESSON 2: First impression is the last impression Do you remember how your mom dressed you for your friend's birthday party? She wanted to make you look good. Look good when you apply for the internship. And since, you'll probably be emailing your internship application, you have to look good on the email.

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# 3 Do this: Subject of the email: Mention the purpose: internship application. Mention the time period. Mention the office (the city). For example: Internship application: May 15- June 15, 2010: Delhi office. # 4 Do this: The body of the email: Do not send cover letters as attachments. People won't read them. The body of the email should be your cover letter. Caveat: Some organisations might specifically ask for 300-600 word cover letters. Then it makes perfect sense to send them as attachments. # 5 Do this: Attach the CV: Your CV should be neat, not flashy. Make sure there aren't too many boxes or such frills. Keep it to the point and in bullets. And if you forget to attach your CV, only god can save you. “I will be honoured to intern at a

reputed law firm like yours”. Really? Then why did you forget to attach the CV? # 6 Do this: Make a good email account. Look professional. sanjay.rgnul@gmail.com is good. sanjaythedevil@gmail.com is not. LESSON 3: Seek, and you shall receive When you have sent your application, wait for a couple of days for the recruiter to reply. If they do not reply, send them the email again telling them that you had sent your application two days ago and that you would like to know the application's status. Wait. For two days again. If they still don't reply, call them on phone. If they seem interested keep reminding them via calls and emails.

# 7 Do this: if you don't get a verdict soon, better try other options. Seek, but not for too long. # 8 Do this: Save the phone numbers of the organisations where you have applied. When you get their call you will not be caught off guard. Best of luck with your internship!

'Intern Smith' (http://www.lawctopus.com/intern-smith/) is the legal internship consultancy arm of Lawctopus (www.lawctopus.com), a website for law students in India. Tanuj Kalia is the Intern Smith and he can be contacted at tanuj@lawctopus.com

The Pleasure of Pain The night seems long and my thoughts are prolonged, But the mind and soul are together as whole. My core is sore as I can't take more. But the pain is cure for the laid out soul. The one I lost has no remorse The one I want has many more. Indestructible I stand against all forces As pain is the cure for this lonely soul I invite more for sake of my soul. All feelings are dead and all emotions misplaced. I dread myself before thy lord, Thy lord you were, you are thy lord. I deny all forgiveness as I desire a lot more.

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Raja I.B. Singh 3rd Semester

My id has developed with the moving world, The lonely nights, which were cold. I feel no pain as I want no gain, Don't drop a pearl. This heart is dead, but strong and cold, Very similar to the diamonds you wore. I see the stars and I see the moon, Wide eyes, I cant see you. Not in my dreams, not on my phone. And I still miss you like a four year old. Loving you was not 'just' a mistake but the “best one” I ever made.


Student Poli'ticks' Sukham Giran, 5th Semester

Y

et another traffic jam! Deafening party slogans with droves of highfalutin cars honking and flashing florescent party stickers. The loyal party supporters making gestures at the opponents that could put the macaque community to shame and riding motorcycles, snaking through congested roads at neck breaking speeds displaying their party flags. Panjab University by end Augustearly September goes berserk and you are hit by the fact that 'student elections' is not merely about choosing a student body that ought to work for student welfare but is a trumpet blowing with loads of gusto, excitement, adrenaline rush and noise pollution with destruction in its wake - certainly not for the faint hearted. As you hear the collective sigh of relief from the VC's office to the HOD's room and the winner's bashful dhols on the judgment day, you realize that student election in the Panjab University campus is a religion. Attaining 'God' (read student welfare) is the ultimate goal and the religions are the likes of PUSU, SOPU, ABVP, SOI, HSA, NSUI, INSO (did I miss any?) and a few independent, courageous enough to defy the bigwigs. Adorned in crisp white kurta pajamas with ferozi, gulabi, lal and basant 'pugs', exorbitant branded Aviators,

Like 'Congress grass' you find them in parking lots, canteens, photostat shops, the PU main market, hostels, Stu C and sometimes even your own class!

driving their Daddy's custom made Audis, Mercedes, BMWs and Pajero jeeps and burning the country's fuel without as much as an iota of guilt, these 'maha purushs' are found everywhere, which sets us wondering 'where does all the money come from?' Like the weed 'Congress grass' you find them in parking lots, canteens, photostat shops, the PU main market, both the boy's and girl's hostels, Student Center and sometimes even your own class. Like them or hate them, their sole purpose in life is to convince you how 'cool' it is to support their party. The have nothing new to say that wasn't already said last year- no issues, no causes and no realistic view on the ground workings of the department. The promise of 'no fee hike' made each year is yet to see dawn. Let me know when the rooster calls! If they are not busy convincing you then they are hollering their party slogans, preferably near a crowd of students. Not to be outdone the other party supporters soon arrive. Thus, starts a holler match which lasts till the crowd turns stone deaf or their own throat packs up, usually the latter. Which is bad cause without their voice, they feel intimidated by each other and before you can say 'Stu C' it turns into a 'Stu fight'. Clothes are ripped off, chairs are hurled around, cars are burnt and 'rape' and 'eve-teasing' allegations are thrown left, right and centre. 'Punches' are the 'kicks' of the fight. Baseball bats, hockey sticks, swords and 'desi' pistols are the tang of the season. The 'maha purushs' are at each other's throats, a religious riot alright! With the UT Police and the CRPF arriving on the scene with full force (read QRTs, ambulances and lathis),

you wonder whatever happened to 'peaceful elections and sportsmanship'? Bah! That doesn't exist silly! Where's the fun without masquerading the 'respect' and strength by flaunting swanky cars, defying the very rules of the Lyngdoh Committee and creating a ruckus in every department of the University? That's not all, right before the Doom's day when the campaigning is over you'd think that they'll quit but 'never say die' is the attitude. They'll

call you again, again and yet again and thrust their party code till you choke on it. They'll tell you a hundred times, never short of patience and even ask you to recite it back to them to check if you remember. You thought that elections are a healthy way to teach the youth about democracy, to exercise our adult franchise and encourage leadership qualities? Obviously you thought wrong! It is a popularity contest with ego clashes, false prides, Machiavellian plots, manipulations and destruction making a James Bond movie seem like PS3. Like I said before, not for the faint hearted.

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Peace - a Dream in Kashmir

Ankita Bali 3rd Semester

S

et like a jeweled crown on the map of India, Kashmir is multifaceted diamond, changing its hues with the seasons, always extravagantly beautiful. The Mughals aptly called Kashmir a “Paradise on Earth”. Since ancient times, Kashmir has been renowned for its natural beauty and gentle people. Possessing some of the highest and most beautiful mountain peaks, massive glaciers, blue lakes, rivers, forests and meadows, Kashmir is considered as Dev Bhumi or the land of god. But now this beautiful valley is turning out to be a “Valley of Violence”. The Kashmir conflict refers to the territorial dispute over Kashmir, the northwestern most region of South Asia. India claims the entire former

4,00,000 people have either been murdered or displaced Kashmiri women are amongst the worst affected by sexual violence in the world

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princely state of Jammu and Kashmir and presently administers approximately 43% of the region which is contested by Pakistan controlling approximately 37% and China controlling 20% of Kashmir. The violence over Kashmir started since the partition of India, i.e. since 1947. In 1947, British rule in India ended with the creation of two new nations: India and Pakistan. With the end of British rule in princely states, the states had a choice to join India or Pakistan or to remain independent. Kashmir had a predominantly Muslim population while having a Hindu ruler, Maharaja Hari Singh. On partition Pakistan expected Kashmir to be annexed to it. In October 1947, Muslim revolutionaries entered Kashmir intending to liberate it from Dogra rule. Unable to withstand the invasion, the Maharaja signed the Instrument of Accession that was accepted by the Government of India on 27th October 1947. Pakistan's claim to the disputed region is on the rejection of Indian claims to Kashmir, namely the Instrument of Accession. Pakistan insists that the Maharaja was not a popular leader and was regarded as a tyrant by most Kashmiris. Furthermore, as he had fled Kashmir

due to Pakistani invasion, Pakistan asserts that the Maharaja held no authority in determining the plight of Kashmir; he signed the Instrument of Accession in duress, thus invalidating the legitimacy of his actions. But India states that the Instrument of Accession was completely valid in terms of the Government of India Act, 1935, Indian Independence Act, 1947 and International Law and was total and irrevocable. If we look at the present situation of Kashmir, the violent Islamic insurgency has specifically targeted the Hindu Kashmiri Pandits minority, violated their human rights and 4,00,000 have either been murdered or displaced. They have either been forced to leave Kashmir or to convert to Islam. Now at present hardly any Kashmiri Pandit is left in Kashmir. A 2005 study conducted by Medicine San Frontiers found that Kashmiri women are amongst the worst sufferers of sexual violence i.e. 11.6% in the world. Over the past fifteen years militant forces including elements of Al-Qaeda and Taliban, have used violence against the Kashmiri Pandits in an effort to institute Islamic rule in this region.


Claims of human right abuses have been made against the Indian Armed Forces operating in Jammu and Kashmir. But most of us would argue that the military presence is a response to violent insurrection against the Indian state. Recently we can take the example of violence on the festival of 'Eid' when curfew was removed for some time so that people of the valley could celebrate the festival but it all ended in a disaster. The Army went in only when the violence increased in 1989

after key leaders were assassinated and the Jihadis thronged to Kashmir from across the border. Violence begets violence. If you declare war on Indian state the state is not going to roll over and let you tickle in stomach. It is obliged to assert the “rule of law�. Conflict in Kashmir has become a part of a great game; it is now linked to geo-politics of the region. Kashmir is caught in a deep quagmire where peace is like a dream. Regrettably, New Delhi is unable to see the drawings on the

wall. Government of India should not implement the appeasement policy on the Jihadis of Kashmir. One hopes, it is not already too late and there is already some time left to delink Kashmir from the disastrous consequences of unending raging clash in Kabul. REFERENCES: Sanghvi Vir, Our Secularism will withstand any opposition, Hindustan Times, September 19, 2010. www.kashmirawarness.org www.peacedirect.org www.kashmirglobal.com

Wadi- E -Kashmir Lahoo

Ik Khwab Ki Hai Tabeer Lahoo Sifaak Adad, Shamsheer Lahoo Wadi Ki Fiza Dil Geer Lahoo Har Ban Pe Hai Zanjeer Lahoo Wadi Ki Fiza Shab Geer Lahoo Aur Subah Ki Hai Tanveer Lahoo Kyon Dharti Ki Hai Tasveer Lahoo? Muslim Ki Kyon Jageer Lahoo? Hindu ki kyun tabeer Lahoo? Aaa Dekh, Hain Ranjhe Heer Lahoo Har Ghaat Pe Hai Nakhcheer Lahoo Har Simt Hai Daar O Geet Lahoo Zaalim Ki Har Ek Tadbeer Lahoo Pewast Ba Seena Teer Lahoo Tuflaa Keliye Hai Sheer Lahoo Hontoon Pe Dua,Taseer Lahoo Hai Likhi Gayi Taqdeer Lahoo Har Bacha Jawan Aur Peer Lahoo Kashmir Ki Hai Tauqeer Lahoo Har Saaz O Wafa Kashmir Lahoo Har Jheel Sifa Kashmir Lahoo Wo Kehta Hai Kashmir Lahoo Main Kehta Hoon Kashmir Lahoo Vadi E Kashmir Lahoo Vadi E Kashmir Lahoo Vadi E Kashmir Lahoo Vadi E Kashmir Lahoo

Abdul Wahied 3rd Semester

tabeer = explanation sifaak = cruel adad = a figure shamsheer = sword fiza = environment tanveer = light jageer = property ban = place simat = side tadbeer = foresight

pewast = connection tufta = hot sheer = sweet taseer = nature taqdeer = fortune peer = an elder taukeer = respect saaz = music wadi = valley

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Is it all about the Money? A few days back I met a fellow schoolmate who was my junior in school and is now in Class XII. I asked him which career he wanted to pursue and he answered that he wanted to be a lawyer. Not only this, he elaborately told me the whole plan as to how he wants to complete his graduation with a 5 year integrated course in law and then do a specialization in corporate law after which he would like to join a nice law firm or be a legal advisor somewhere, whichever pays better. I couldn't help myself from getting into an argument over why do something just for the money? But now that I ponder over it, isn't it pretty much the same with almost all of us?

Well, considering the fact that this is one profession that not only survived the brunt of the global economic crisis but also flourished in it, it's not hard to guess the reasons why a lot of students are opting for this career! Yet, what needs to be thought is how we all make the big choice; i.e. whether to go the litigation way or the corporate way? Unsurprisingly, almost any child born into a family with some kind of nexus with the Courts usually prefers to practice in the courts

...it's a part of the herd mentality that varies over years, first it was doctors, then engineers, then MBAs and now lawyers...

Swati Bishnoi 5th Semester

(obviously if they aren't already preparing for the Judiciary!) and all the bright young minds born into a family of people who are nowhere related to law, usually, would go the corporate way. Now some of the readers might censure me for being so blatant in defining people's choices in watertight compartments. But to them, I'll say that this is all based on a large number of conversations with a lot of people I've had over these three years; and it is all very logical and like all other situations this one has its exceptions.

But what I feel is that, for most of us, it's no longer about what we want anymore‌ it's more about which one pays more. Most of us who come swarming into these 5 year law courses don't even know why we're here; studying a myriad of subjects. It wouldn't be all that wrong to say that it's a part of the herd mentality that varies over years, first it was doctors, then

engineers, then MBAs and now lawyers. Something we all need to ask ourselves is why these particular choices and this certain way? The reasons are obvious, a person coming from a non-legal background would need time to establish himself in the mainstream litigation scenario, while a counterpart with the same or may be even lesser skills

Career Choice of Fresh Law Graduates Based on survey of 2010 pass-outs of three National Law Schools at Bangalore, Hyderabad and Kolkata Career Choice Law Firms Companies Litigation Foreign Universities Foreign Law Firms Civil Services Judicial Clerkship NGO LPO Academic Research Fellows Not Classified Total

Number 91 50 24 23 16 12 11 2 2 3 9

Percentage 37.70% 20.90% 9.80% 9.40% 6.50% 4.90% 4.40% 0.80% 0.80% 1.20% 3.60%

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100.00% Source: www.barandbench.com

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but a strong or even fairly good legal background would certainly get a good head-start. On the other hand, talking of the corporate law aspirants, most of these are extremely bright minds who could get on top very quickly even without the background if they set their heart on it but then again they don't. The reasons are very logical, they would get an air-conditioned office in a multi-storied building, all they have to do is sit and work in their

cubicle for a certain number of hours a day and it will give them the security of having a well-paying job. Considering the fact that almost all the 5 year integrated law courses cost their parents nearly one lakh rupees or more per year and also that students from middle-class families have to repay their education loans as well as support themselves once they are out in the dreaded real world, they are not wrong in chasing money either.

Incredible India T

he title of this article may create some false perceptions in many minds as being associated with the glorious art, culture and traditions of India. But readers, let me assure you that I have no such purpose; my sole aim is to bring to light the ugly face of the Indian political scenario which “We, The People of India” have given to ourselves after solemnly resolving to constitute India into a corrupt nation of radical, anti-social and religious fanatics. I may sound harsh but how else am I to say the largest democracy in the world has gone cold in the knees right before organizing the biggest International event in its history? God forbid, Mr. Suresh Kalmadi and his Organizing Committee fix a board near the starting line of the 100 meters race at the CWG reading, “Go Slow, Men at Work.” But this is not the first time that our corrupt and irresponsible politicians made us nauseate. We have had a long, eventful and definitely “incredible” history of political scams and scandals. In the colonial India, the bureaucracy always

remained aloof from the common man. They were a pack of corrupt administrators. After independence, the bureaucracy was kept intact with its original bribable, wicked character. This is evident from the numerous cases of bribery and corruption on Indian civil servants. A recent incident of 4th Feb, 2010 comes to mind when an IAS couple, Arvind Joshi and Tinu Joshi, were booked under charges of corruption, when their house was raided and 5 kg gold, 55 kg silver, 83g diamond and property papers worth crores were found. The administrative forefathers of such bureaucrats were the ones who were responsible for tainting the politicians. They in turn dissipated the ornate art of corruption to the very roots of the nation.

The very first scandal of independent India was the Mundhra scandal. Less than a year after the government nationalized LIC in 1956, it bypassed its investment committee and purchased shares worth `124 lakhs in six bogus companies belonging to Kolkata industrialist Haridas Mundhra. All

So, what's more important? To have aspirations or aspirations according to needs? The answer is really something that's going to vary for each one of us but I say, don't let situations make choices for you, think, give thought to what you'll be choosing because in the end it shouldn't be that one fine day you realize it was never meant for you.

Apurva Rathee 3rd Semester

this was done under the pressure of the then Union Finance Minister, T. T. Krishnamachari. The Bofors gun scandal of 1989 has truly become a symbol of corruption in India. Not only did it give a huge blow to the political career of Rajiv Gandhi but also caused a loss of `60 crores to the Indian economy. In 1991, Sukh Ram, the Indian

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tele'phony' minister caused losses of `1.68 crores to the public exchequer. He was sentenced to 3 years RI and fined ` 1 lakh in 2002 for purchasing poor quality radio systems. The stock market scam of 1992 led to the big fall of the 'Big Bull' in one of India's biggest financial scandals. Harshad Mehta caused an alleged loss of ` 4,000 crores to various entities and misappropriated more than 27 lakh shares of about 90 companies. The Chaara Ghotala (Fodder scam) was a landmark in the diabolic diary of corruption. The scam of ` 500 crores with the State Animal Husbandry department permanently tarnished the image of Laloo Parsad Yadav.

The Operation West India, a sting operation by Tehelka.com revealed corruption in defense deals. The magnetic presence of the then Defense Minister, Mr. George Fernandes invariably seemed to attract scams. The Barak missile scandal of 2001 and the Coffin Scandal of 1999 (revealed in 2001) caused colossal losses to the Indian treasury. India's astounding love affair with tainted politicians also intrigues me. Shibu Soren, Arun Gawli, Pappu Kalani, Shahabbudin, all have had a distinguished criminal career. My apologies to all those MPs and MLAs I was not able to name here for fear of crossing the word limit. Winston Churchill once said, "At the bottom of all tributes paid to

Beginning And End Tanmeet Kaur Sahiwal We start from the earth 5 Semester And in soil we sleep. You leave and don't see the tears that we weep They say it was good for you, You left for eternal peace, But I can't help but disagree. th

Can't you see me from where you've gone? Can you care any less for me? No, you can't smile when you see me You can't sit still when I long to hear that you love me, you're proud of me.. God's ways I do not know, I do not question his plans. But I know it's not fair, It's so unfair, When so many here long for your love, When so many said a prayer. You were the one I thought I'd tell when I make it big, And even if I didn't, I know, you would have been proud of me, still. But, alas, there were plans I knew not of, Plans that would remind me, That from the earth we begin, And in soil we sleep.

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democracy is the little man, walking into the little booth, with a little pencil, making a little cross on a little bit of paper- no amount of rhetoric or voluminous discussion can possibly diminish the overwhelming importance of the point." But that little man searches in vain for the name of a true Indian who will live up to his word and returns back home disillusioned on finding a hound of blood-thirsty dogs ready to tear up his Motherland into pieces. REFERENCES www.hinduonnet.com www.news.bbc.co.uk www.outlookindia.com www.indiatoday.intoday.in www.caclubindia.com

Hollow Escape Yashika Sharma, 5th Semester And there I was Standing in the middle of a room A room that was once mine But not anymore. I don't know how long I stood there Dazed, unthinking, lost. It once comforted me The walls were bright I knew every corner It belonged to me. All my life I had lived alone The walls were my family The room was my home. But now it was empty It creeped me out I wanted to escape But I didn't know how Where was the exit? Where was the door? There used to be a carpet on the floor. I looked around Panicking No doors! No windows! There was no way out Will they hear me If I called out? So I open my mouth to scream and to shout Try as I may The words don't come out. What does come back Is just an empty echo Of all that I had Of all that I lost.


WITNESS BOX

a place to share your internship experiences and more...

I

Of Business Suits & Fancy Offices

n my summer break I got firsthand experience of a corporate law firm. I interned with the Gurgaon office of Kochhar & Co. Advocates & Legal Consultants, which is indeed one of the leaders in the legal sector. I set my foot into the office in my proper black trousers with a pink ironed shirt tucked in and shiny black shoes. I was no doubt excited about my new adventure but at the same time I was anxious. I wondered if I would be able to adjust in this highly professional environment. Well with as much confidence as I am installed with I walked in and introduced myself to the receptionist, who took me to the HR Director. He made me sit, spoke to me for some time and then introduced me to the rest of the staff, which included the Partners and Associates. More than expected I got my own desk with a computer, sheets and a properly organised pen stand, this gave me the real professional feel, and yes, not to forget, I got my very own Kochhar email id! I got the hang of the place and by afternoon I was friendly with most of the Associates. The work started pouring in, it seemed quite easy in the beginning as there was another intern and so our work got divided. In a few days I started feeling the pressure, but that phase also went by as I got used to my work. The mentors demanded precision and accuracy. I assisted the attorneys in various cases, sometimes sitting with them throughout the day. I did a lot of research on various matters pertaining to Intellectual Property Rights (IPR), Mergers and Acquisitions, Banking Laws, Labour Laws, Tax Laws, Constitutional Laws, Real Estate, Foreign Direct Investment (FDI), SEBI Guidelines, Franchising, Citizenship Act, The Securities Contract (Regulation) Act, Corporate Law, Arbitration and Visa Regulations. I was also given the opportunity of framing replies to the queries of the clients. My last week was really hectic, though office timings were 10 am to 6 pm; sometimes I used to sit with my mentor till 10 pm working on Shareholders Agreements. Apart from all the work, Kochhar as a firm was fun. Towards the end of the tenure I started having a weird feeling because somewhere within I did not want to leave the Kochhar family. Overall my experience as an intern was great. I learned a lot and I hope I would be able to apply whatever I've learned in my future endeavours.

Sartaj Singh Gill

5th Semester Sartaj interned at Kochhar & Co. from 1 July 2010 to 1 August 2010. st

Intern Speak:

st

To get an internship with any law firm one needs to contact the concerned authorities through their website or postal address. Email your CV to them a few months in advance, as this will increase your chances of getting into your desired firm. If you get a call, go with your head held high; any sign of nervousness might fetch you negative points. If you need to know anything else about this firm feel free to email me at sartaj_10@hotmail.com.

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WITNESS BOX Loving the LSE Experience

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ife's a strange but exhilarating ride. Who would have thought that a boring summer full of listless, tiring, hot days would turn into the most colorful, fun-filled days of my life? This summer my friends and I went for a summer school program to the London School of Economics & Political Science (LSE). Needless to say, we experienced the beauty of one of the world's most elegant and classy cities, i.e., London. We set off to London for a whole 21 days (I counted them and wished for more). The 8-hour plane journey felt like days and then we finally landed in London. What met our hungry eyes was the much anticipated, culturally diverse and exciting city of London. Our classes began the very next day and we couldn't wait to get on the ride of a lifetime. We stayed in one of the LSE residences called the Passfield Hall. It is a beautiful Georgian building and has a homely and friendly feel to it. Thus began our summer school. There were 4-hour classes including 1-hour of practical application. My course was called Intermediate Macro-Economics. Having had an interest in economics since high school it seemed like the perfect class. The most different aspect of studying there was the practical application and the entwining of current affairs and knowledge in the dry theory based subject of economics. But the thing I liked the most was that the objective of the lessons was to impart knowledge not by force, but by the freedom of choice. What I mean by this is that it wasn't compulsory to attend the learning classes but one wanted to,

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just to learn. Classes felt like a confluence of cultures since students were from all parts of the world. I made friends with students from USA, Norway, Switzerland, China et al who had come there just to enjoy the cosmopolitan atmosphere. It might seem that it was all work and no play but that's not even close. Everyday we explored London and fell in love with it more and more each day. The ever lively and entertaining Covent garden, the pretty parks, the crowded Oxford street with all its shopping destinations, the beautiful Buckingham Palace and the Big Ben, the ancient St. Pauls Cathedral and its 567 stairs, the museums (though not so much), and the surprise of a river running right through the city! Well, London had it all! I still miss the vibrant London and the freedom I felt there and would never miss another opportunity to be there again. Here's one great suggestion - beg your parents, pack your bags and get going for the greatest experience life could give you.

Apurva Goel 5th Semester

Apurva attended LSE Summer School from 5th July 2010 to 23rd July 2010.

Here's the dough: Now for all of you who might think that this is worth giving a try, just some information. LSE Summer School offers students an opportunity to participate in intensive, three-week courses based on the undergraduate program at the University of London. The extensive range of courses covers the breadth of the social science expertise available at LSE. Courses range from traditional core economics, accounting and finance subjects to contemporary politics and management theory and practice.


WITNESS BOX Is there Justice in Investigations

?

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f you scan through the last two months' local newspapers, you would read about the alleged suicide of a maid, Maya aged 19 years in Don Bosco Navjeeven Church, Sector 24 Chandigarh. It was when the complainant approached their present counsel Advocate Madhu P. Singh, whom I was interning with, for seeking the 2nd post mortem of the deceased that I got first hand knowledge of the workings of the Police and the Honorable Court in the administration of justice. The matter came to light on 24.07.2010 when Maya was found hanging by Mercy Sebastian's dupatta from the ceiling fan in the Church. Maya and Anup Sebastian had an amorous relationship which was vehemently opposed by Anup's mother, Mercy Sebastian. The victim's kin alleged murder. Hence, the case, State v. Mercy Sebastian, FIR No. 184 dated 27.07.2010 u/s 306 IPC PS 11 CHD. The Chandigarh Police is hand in glove with the accused in this case since its very inception. No FIR was lodged by the Police on 24.07.2010 despite the fact that the complainant had named the accused, Anup Sebastian in the DDR registered on the same day. Since this was a cognizable offence as defined under Sec 2 (c) of CrPC which states that 'in a cognizable offence a Police officer may in accordance with the 1st schedule or under any law for the time being in force arrest without warrant', the accused was not arrested. The lack of duty on part of the Investigating Officer (IO) to scuttle the process of law was evident since section 154 of CrPC i.e. information in cognizable offences was violated in every sub clause. There was tampering of the evidence which eventually resulted in its destruction. First of all the body was removed without photographing the scene of crime, the post mortem of

Sukham Giran, 5th Semester the deceased Maya was done in mere 2 hours by a single doctor as against an entire panel of doctors and the uterus was removed and sent for histopathology examination without any medical reason. Finally on 27.07.2010, the FIR was lodged against Mercy Sebastian under sec 306 of the IPC, abetment to suicide. Here too the callous attitude of the Police came to lore when the DSP himself asked the clerk to remove the last few pages of the complaint given by the victim's kin. The DSP also violated sec 163 of CrPC i.e. 'no inducement to be offered' by bribing the victim's family with `3 lacs if they withdrew their FIR. The IO conducted a shady investigation and Mercy Sebastian was arrested and produced before the Duty Magistrate at his residence within 2 hours. Instead of police custody, Mercy Sebastian was held in judicial custody. When the Police failed in doing an honest job it was up to the Court to intervene, despite the powers vested in the Judicial Magistrate under section 156 (3), 157 and 158 of CrPC, the JMIC refused to grant the 2nd post mortem. The matter was taken up in the Punjab and Haryana High Court, where 2nd post mortem was allowed. The 2nd post mortem was done on 8.08.2010 by a panel of doctors in Govt. Multi-Speciality Hospital Sector 16. A lot of discrepancies between

the first and second post mortem report came to light. It was known in the 2nd post mortem report that not only the uterus but also the stomach and half kidney each were also removed without any medical reasons. It is the duty of the State to maintain the body of the deceased but it had already decomposed and was infested with maggots when the same was done. The IO shamelessly harassed the victim's family at the accused's instance and in the Court he had the audacity to complain (with crocodile tears) to the Judge that the Prosecution counsel maltreated him. In order to pressurize the complainant to withdraw the case he said that he'll file a case against the Prosecution counsel under section 186 of the IPC i.e. obstructing public servant in discharge of public functions. On 28.08.2010, we moved an application in the District court seeking handing over of the investigation to an SP rank officer because the DSP had abused his power by violating Sec 163 of CrPC and another application for recording of the supplementary statements. Till date no action has been taken in either of the two applications, there has been no change in the IO and the police have not started the investigations as per the supplementary statements recorded. On 04.09.2010, Mercy Sebastian moved a bail application in the Magistrate Court which has been dismissed because according to section 306 of the IPC, this bail falls under the jurisdiction of the Court of Session. Her bail has been rejected by the Court of Session. The matter is still under investigationwhether it is a case of abetment of suicide or a case of murder. Also, who all are the guilty? Is it just Mercy Sebastian or Anup and Father Sebastian Gose of the Church who are also involved? Interested may follow the updates.

Sukham interned with Adv. Madhu P. Singh from 1st June 2010 to 5th September 2010.

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The Good, the Bad and the Ugly!

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hat does the word 'politics' mean in Indian context? In post-independence years, the ultimate goal of politics was to preserve the safety, peace and prosperity of the nation. Politics was meant to preserve a particular and peculiar social system to a most sophisticated one that concerns with the welfare of the masses and the development of the society. This

was the era of Nehruism. This era has witnessed a qualitative statesman-spirit deeply implanted into personality and has also witnessed the symbolic optimism. Nehru era is stated as charismatic era of Indian leadership. Leaders not only had high sense of public accountability but also had a charismatic outlook. Politics in India was once a stern moral drama. It was a national project. Till the assassination of Rajiv Gandhi, there was only a single majority party at the centre and it was easy for the leaders to form policies for social welfare. Indian politics entered into a new era in the beginning of 1990s. The Nehruism socialist ideology that the Congress party had used to fashion India's

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political agenda had lost much of its popular appeal. India began a period of intense multiparty competition. The paradox of transformation in the character of comprehensive and legitimate leadership itself reveals the contrasts and contradictions in the entire Indian political system in a dramatic way. Now Indian politics can be summed up as: lack of direction, it aims at capturing power blatant and arrogant, without any talent to achieve efficiency as display accountability. The present trends in Indian politics decipher almost a complete gap between the rulers and their responsibility on one hand and the nature of historical evolution of national political culture on the other. With reference to modern politics the concept of value politics has been over-shadowed by the theoretical perceptions of conditions by its leaders and politicians particularly in past Nehru era. To muzzle the public opinion and thereafter, to misinterpret the public issues, has become an unusual brilliance of Indian politics. The role of 'political

Gurpreet S. Mandair 3rd Semester consciousness' in nation building has totally disappeared. Misinter-

In India a person would rather be in politics than in jail pretation of local sentiments and local values by the politicians has directed India to political home. The organizational structure of political power is 'pyramidal' in shape. It is wide at the base where the number of persons elected to political offices such as gram panchayats, is large in number and entry is relatively free. However, the number of such offices shrinks drastically at the district, state and the union levels. The higher the level of an office, the pyramidal structure of political power increases the gap


between supply and demand for the offices. This phenomenon partly explains that why at higher political levels, entry into polities has become more and more restrictive. Access to politics at the higher levels is now available only to persons with sufficient 'power' in terms of family connections, money and caste loyalty. Today, Indian politics is suffering from very serious problems like corruption, communalism and criminalization. The main cause of corruption in politics is the increasing number of electorate. The politicians during the election times, in order to win, spend lots of money. And when they are chosen as MPs or MLAs they usually start corrupting the same public. Criminalization has also become a grievous issue in Indian politics. The main reason for choosing politics as a career option by persons with

criminal records is the enormous judicial delay in deciding such cases. The investigative and prosecution machinery is under direct control of departments of the government. There is a natural reluctance to speed up investigations and the prosecution of persons who are leaders of political parties. Thus, it is said with full justification that in India 'a person would rather be in politics than in jail'. Communalisation in politics is also a very dangerous problem. Communal violence is a potential and real threat to the unity and integrity of India, particularly after December 6, 1992, when the Babari Masjid was demolished by Hindu fanatics. Now, to curb these serious problems of our Indian politics, I think 'Lokpal' bill will be the right step in the right direction. Unfortunately, the 'Lokpal' bill has not yet been passed by parliament

Harpreet Kaur, 3rd Semester

K

hap Panchayat is a system of social administration and organization in the republican of the north-western Indian states such as Haryana, Punjab, Rajasthan and Uttar Pradesh since ancient times. Basically, Khap and Sarv Khap Panchayats (more than one khap) is a system or political organization which is mainly composed of three things i.e. clans, communities and castes. A clan is based on one gotra and a number of closely related gotras. Nowadays, every village is having its own Panchayat and the work of that Panchayat is to solve the disputes raised in the village. Panchayat is a gathering of Panchs (elderly men) and village people in which not only the panchs but a common person is

despite being introduced five times. The main objective behind the creation of this body is to circumvent the problems relating to corruption and to prevent political interference in the normal judicial process. It will enforce accountability of holder of high political offices. The bill has been conceived to serve the purpose of arresting growing trends of corruption and misuse of power in our polity and hence its institutionalization is a welcome step in the light of relation of scams and scandals. In conclusion, I would say that Indian politics has entered into an irretrievable state of dirtiness. Political leadership in India is unable to rise above the temptation without political ethos. This dirtiness cannot be removed but can only be curbed.

having a right to express his views or share his ideas on that matter. Most of the people have faith in

Panchayats because it is faster than the Courts. Also in these Panchayats, harassment of innocent

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is less according to the views of some people as they are harassed by the police and the Courts in some cases. All decisions are taken after open-hearing, full and voluntary expression of views and consensus vote. Moreover, in these Panchayats, decisions are taken up by their own people who understand their feelings and problems in a better way. As D. R. Choudhary (former chairman of Haryana public service commission) said, “Khap Panchayats emerged during medieval times when there was no organized law and order machinery. The primary purpose was to provide security to its members. These Panchayats would also resolve disputes among its members. Later they took up social issues too. Never did they order to kill or expel a family from village. At most, they would impose a fine on the violator. Social boycott was ordered against anybody committing a serious offence.”

But, nowadays Khap Panchayats are being criticized almost everywhere for honour killings. Honour killing is the committing of murder of couples who marry without the acceptance of their families or sometimes for marrying in same sub-caste. Rajiv Pratap Rudy (a BJP leader) said, “Such acts are beyond the tenets of the Constitution. If after 62 years of Independence, society still has to grapple with such fundamentalism; the problem needs to be addressed holistically.” The Indian state of Punjab is notorious for most honour killings. As per the data compiled by Punjab police, 34 honour killings have been reported in the state during 2008-2010. Most people believe that the main function of Khap Panchayats is getting couples murdered and passing horrendous verdicts. To conclude, I just want to express that as everything has its pros and cons, Khap Panchayats too have their own advantages and disadvantages. However, we cannot

Chain se sona hai to jaag jao!

T

oday media has become a powerful medium for changing the society. We all rely on the media for getting information from every corner of the world. Television news channels, hit hard by the money crunch, are now increasingly turning to sensationalism to stay put in the race. In their mad rush for popularity, they have made the truth a scapegoat to fulfill their own desire of climbing higher on the ladder of TRP ratings. This precisely defines yellow journalism. "Journalism that exploits, distorts,

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or exaggerates the news to create sensations and attract readers" is termed as yellow journalism. Certain Hindi news channels are becoming more of entertainment and horror channels rather than a medium of responsible journalism. They flash killer slogans before programmes like 'Your screen will turn red', 'Aaj raat aap so nahin payenge (You won't be able to sleep tonight)', 'Aaj aap ghar se mat nikalna (Don't step out of your house)' and many more... Many instances have also proven that the media has crossed its

ignore the fact that Khap Panchayats are for exogamy (marriages outside one's own tribe) and are right scientifically but their methods are brutal. Even Haryana Chief Minister Mr. Bhupinder Hooda termed honour killings as a "social evil" but said that Khap Panchayats (caste council) have no role to play in these incidents. I suggest that the Government should appoint some legal advisors for these Panchayats who can keep an eye on its verdicts and help to improve the functioning of these Panchayats as these are a very important part of our democracy at the grass root level. REFERENCES Yoginder Gupta. 2010. Khap Leaders don't enjoy much following: expert. The Tribune. March 31, 2010, page 7 www.news.outlook.com/item.aspx?691530 www.azadindia.org/social-issues/khap-panchayatin-india.html www.jatland.com/forums/showthread.php?28077Khap-Panchayat-and-Indian-Judicial-System www.indianexpress.com/news/khap-panchayatsdo-not-have-any-say-in-honour-killings-its-the-kinof-the-victims-who-do/633101

Aviral Mittu 3rd Semester

boundaries to s the extent of victimizing and being judgmental of the youth today. The latest example is the movie “Peepli Live”, the film takes a dig at media and political response over an issue. It tackles the serious subject of farmer


The recent incident is of August 2010. A man sets himself on fire and the media, instead of putting out the fire, were busy in covering the news. “Wait for sometime and then we will put out the fire”, said the media. This proves to be a shameful incident on the part of media. suicides, vote-bank politics and the sensation-crazy TRP-hungry media channels.

Another incident is the NO-BALL controversy of the match between India and Sri Lanka. Virender Sehwag could not score his century due to Randiv's no ball. It was followed by comments like, Daisy Sharma “Sehwag ka badla Once I asked my grandfather, 3rd Semester ( S e h w a g ' s What is the meaning of power? Revenge)”. In the Is it some kind of game? He smiled, and called my name, next match also, No, he said, Power is something very strange, questions were It can diminish, or can bring change, raised on Umpire With confused eyes, I signaled him to stop, Dharamsena. His Five years later, I was again at that stop. decisions were q uestioned and I asked my grandfather once more, comments like The meaning of power to explore, This time he gave me a pen, “Dharamsena ka And told about its power then, adharam” followed He said, this is the power to inspire, it.

And also it can set fire, For him, it was power to support right, And I was glad, on having power to write.

Today, when I again sat with same question, My grandfather showed unease with my expression, I smiled, for it was my turn to describe, He sat on a chair, to listen to me in pride, I said, “For you, what was light of hope, Has now become a daily joke, Using power in derogatory ways, 'Telling you reality', that's all what they say, Behind their so-called colorable reality, There is always hidden dark actuality, Blindly accepting whatever they say or reveal, The secrets of truth remain in seal, No one is there to question or claim, That's how they play this dirty game, The power you showed to me, “Grandpa! It's not any more free” Grandpa grew sad and called it a shame, Asked me, whom to blame, All I said that power has now become a game, Everyone involved has some other name to blame.

Controversy of Rahul Mahajan and Dimpi Ganguly also strikes. It involved beating up of Dimpi Ganguly by her husband. It picked up popularity really fast, having comments like “Rahul ka Emotional Attyachar”. But later all the controversy was solved and Dimpi came back to her husband's house. Another famous example is Professor Matuknath's love story with his student Julie. He was

54 and she, just 22. He was then (2006) a professor of Hindi at B. N. College, Patna, and she, his student, helped him edit a Hindi magazine. But they were secretly in love. And his wife found out. What followed was first a murky drama, and then became a model of lover's commitment. The reason for the ever-rising TRP ratings of the entertainment industry is its viewers who prefer watching Rakhi Sawant basking under all the publicity courtesy her controversial kiss with Mika. The footage was shown again and again on television to attract audience which is a cheap tactic on part of the media. Unfortunately, to put the whole blame on the journalists for the deterioration of the standards of reporting would be unreasonable. So the first step to fight the augmentation of yellow journalism would be to cleanse our thought process and to differentiate between right and wrong. Media is considered to be the fourth pillar of our Democracy and holds great power and importance. But what is the use of such power when it cannot be used correctly? Instead of getting involved in sensationalised journalism, the media must create awareness and not indulge case trials, as this is certainly not the media's job. It should be left to the judicial system. It is not astounding that yellow journalism has created a hue and cry in society. It has the power to either make or break a person. Let's be aware that the common man has the real power to decide what he wants to watch and it is in his hands whether he wants to become a puppet in the hands of journalists. Media is a powerful tool in India and has to be used with care, caution and responsibility.

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New Girl in The City Amanpreet Sabharwal, 1st Semester

F

or those who read this title, it might sound familiar. Yes, it is from Ranbir Kapoor's “Wake Up Sid�. My article however, is different. When I first came to Chandigarh, I was completely lost. New city, new college, new University, new people. However, it did not take me much time to realize that neither was the city new, nor was the college or the University, they were the same old self, and the new people, well, they are new only for a day, after that, they are just regular people, it was me who was new, but I was not the kind to become just some regular person, I wanted to carve a niche for myself, and I was determined to find my own way. This city has in store for you wondrous surprises. You could be laughing with friends in a moment, be sad the next, planning what to do then, and unexpectedly canceling it the next, sitting in the canteen sipping soda, be fixing a flat tyre the next. It's up to oneself to explore

and to exploit opportunities. Go out and see for yourself. I don't talk about Sukhna Lake or Rock Garden or Fun Cinemas or PVR here. I talk about going out into the world and facing it, creating a new identity and not taking 'no' for an answer, being adamant in creating a social standing, and most importantly, being bold and fearless to fight the battles yet in store for you. For small town folks like me, this city has a lot of experiences to offer. You come across all sorts of people, friends, acquaintances, wellwishers, enemies, opportunists, backstabbers, etc. It's a big leap forward, from such a closed and reserved environment to such an open and in the words of the "z" generation, modern environment. For me, it was practically a cultural shock. The fast moving life here is what attracts people, just like bees to honey, and moths to light. It's at this point that I realized the freedom I had received, knowing what I could do with it, without any

interference, or anyone stopping me. But what I planned to do with that freedom was another question, not to mention, my own discretion. Yes, we are all impulsive at some point of time or another. Also we do make mistakes, once or twice, after that, it becomes a habit. It's difficult to handle so much at such an age, and we do tend to misuse the term adult. We forget that privacy, space and freedom are not rights, but a privileges. So to all the newcomers and especially small town folks out there, try and decipher the true meanings of terms like majority and freedom, do entertain yourself, but don't take everything for granted, because at the beginning everything may seem sugar and honey, but it sure is not going to stay that way for long. This was all perceived in my first month as a resident of this city, what others felt and experienced, I cannot express.

Didi, Give Me Something to Eat!!

O

n one side we see aspiring lawyers dressed from tip to toe, walking briskly to the department in fear of missing their first lecture. On the other side we see barefoot children, begging for 'a toffee'. I refer to the slums which have resided in the ambit of UILS. The subject is not about the slums developing there, but the routine of asking for something to eat from every person they see. Children, like clay, can be molded to any desired shape. It is very important that their grooming is done aptly by people around them.

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The most eminent part played is by their parents. Whatever is taught by them shall register deep down inside the child's psyche. One of the common factors that are turned loose is the parental teachings imparted to them. They are the cloaked culprits. It is they who guide their kids to go and ask students for something to eat. An incident which I had witnessed was that a student out of innocence gave certain amount of money to a child of 5 years. The outcome was that he ran away without being gracious to the thing which was given. It was an abominable act.

Mother Teresa had proved that what cannot be achieved by strict enforcement can be achieved by compassion and care, but the education of children is a must. The administration as well as the Government should enforce a ban on begging. In addition to that, the Chandigarh Government should ensure that the children earn an honest living. Laws regarding child rights should effectively be enforced so that no child is inclined towards begging and no parent dares to exploit his children.

Sangmitra Singh rd 3 Semester


The Guys Behind it All... Nitish Saxena, 5th Semester Founder & Student Editor Ambitious, assertive and controversy's favourite child !

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Tanmeet Kaur Sahiwal 5th Semester Member, Editorial Board Simple and strong-hearted, still waters run deep

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RIFLE

Smriti Brar th

5 Semester

29th of April, 2008. It was about 7 in the evening. Everything was just the normal. The dogs outside, on the street were barking, fighting for food I guess. Kids were playing in the ground, birds chirruping out aloud, probably calling each other. After all, it was beginning to get dark and was time to head back home. Everything was just the same, except that we had lost our beloved, Rifle. ***** It was the spring of 2000 when we got her. The 1st of October. She was probably more than a month old, and that's how we finally added another member to our family; Rifle, a beautiful German Shepherd. A pet at home has a lot of influence on the overall personality development of an individual. Pets can completely change your life, definitely for the better. There are so many things that I learnt from Rifle. The one and the foremost is forgiveness. No matter how harsh we'd been to her in anger, within 5 minutes, she would forget everything and come along, wagging her tail playfully. She had an unconditional love for all of us, though she was the closest to my brother. Even in her last days, she waited for him to come, and only then left us all, when he'd returned from Delhi. We all were around her that day. It was all so sudden. She hadn't consumed anything since morning. Her left foreleg was swollen and had turned septic since a few days. That day her condition had worsened. She had lost interest in everything. She even refused to look at her favourite biscuits. She preferred to lie down, isolated. She knew what was coming... At about 6:30, with great effort, she came to the living room where all of us were present, and fell to the ground. We all rushed to her. My mother had her head in hands. We were comforting her when I happened to notice her tongue. It was losing colour. She was shivering. I got panicked and rushed to get water and threw it at her mouth but she kept trembling. Her eyes too seemed to be losing colour. We just sat by, looking at her, praying desperately. But nothing could keep her from going. She left us that evening, peacefully. The last thing she did was to bite my brother. He had tried to force open her mouth when I was throwing water. We later called it the love bite, since she loved him so much. Wrapped in a white piece of cloth, she looked like a heavenly figure, calm, content and peaceful. We buried her in the ground behind our place, along with her collar and the biscuits, which she had refused earlier in the day. For a few days, we went and kept flowers at her grave. The initial few days had been very difficult for us. Every little thing would remind us of her and tears would instantly roll down. But I guess it's rightly said, everything is decided by God. Her part in our lives was over. But I'm sure wherever she is, she thinks of us as fondly as we do. The sight of a loved one dying in your hands can be very disturbing. We'd all felt so helpless. Death is inevitable, and that's one area where we humans lose. Death still remains unconquered. I'm sure you've heard this many times, but that was the day I “saw� it. All we could do was let her go away. For days I dreamt of her. The whole scene kept hitting back. I would wake up in the middle of the night thinking I'd heard some movements. I kept feeling that Rifle was somewhere around and was trying to say something. That's how I decided to write about her, feeling that it'll be like an emotional unburdening. I feel more close to her now. I'm positive this is what she tried telling me in my dreams. It's been more than 2 years now. But we still miss her, and will continue doing so. She will live on in our hearts forever. Our first pet dog, Rifle. May god bless her soul.

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