Tuesday 27 November 2012

ABORTION—A HUMANE MEASURE IN SOME POIGNANT CASES—LAW OR UNLAW

Savitha Halappanavar
Photo: www.thejournal.ie/ Peter Morrison/AP/Press Association Images


By V.R Krishna Iyer

Savita Halappanavar who had an unwanted pregnancy and because of great suffering demanded abortion and was denied the request because of Irish law and Catholic faith.  She died undergoing great pain.  This was inhuman.  Law must be compassionate and merciful when a young woman becomes pregnant unwittingly and on account of unfortunate social circumstances desires to get rid of her pregnancy.  Abortion is a right as a measure of social justice.  Savita, a young lady discovered her pregnancy and wanted to get rid of it.   Irish law was against abortion.  She cried in pain and eventually died in distress.  Catholic Law which prevails in Ireland is harsh and Savita’s pain is the penalty of this cruel law.  In many countries humanism allows abortion.  Poor Savita was a casualty of this unkind law.  Life is paramount and where peril to life or excruciating pain follows the law must be humane and abortion is integral to compassionate Justice and law must accept justice.  The rule of law must obey mercy and help the rule of life and humanity.
        In honour of Savita Halappanavar; in honour of the nearly 22 million women worldwide each year who endure unsafe abortion; in honour of the 47,000 women per year worldwide who die from complications of unsafe abortion and the estimated 10 times that number who suffer long-term health consequences; in honour of the millions of women who do not have access to contraception, who have no control over whether and with whom they have sex or whether or with whom they have children, we can fight back. In honour of the young girls married young and the women forced to bear children long past the point they are able to care for more … for all these women, we must continue to act, to liberalise abortion laws, ensure every woman has access, remove the stigma, and trust women, like Savita, who know when it is time to end even the most wanted pregnancy.

        Maybe, there is medical opinion of safe measures for pregnant young women who can avoid abortion and save the baby and the mother.  These rare cases are no justification for the rule of life through the right to abortion being guaranteed to every woman who faces a crisis consequent upon an accidental unwanted pregnancy.  The rule of law must be realistic enough to support the rule of life.  Taking into considerationof the fact that jurisprudence if pragmatic must come to the aid of the average common woman without the availability of delicate medical facility, society which decrees social and economic justice must take note of the fallibilities of common people and make law pragmatic and accessible to save life.  Then alone the rule of law serves the rule of life and justice becomes humanist.

O Hidden Life, vibrant in every atom;
O Hidden Light, shining in every creature;
O Hidden Love, embracing all in Oneness;
May each, who feels himself as one with Thee,
Know he is also one with every other
                                                Dr. Annie Besant




(V.R Krishna Iyer, eminent jurist, is a former Judge of Supreme Court of India)

Friday 23 November 2012

LL.B is all about law, the rules of the game called life in this country. Knowing the rules of the game naturally makes him a better player, no matter where the game is played.


Shri. Prasanth Nair, is a 2007 batch Kerala Cadre Indian Administrative Service officer, who is presently serving as Managing Director of Government owned K.T.D.C. Hotels and Resorts. He is an alumnus of Government Law College Thiruvananthapuram (2000-2005).
Given below is the transcript of his interview with Nebil Nizar.

1.  How law students can positively engage in nation building and make a difference?
Prasanth Nair: In a single sentence, get educated and stop wasting time on frivolous things! Unless you value your time and value yourselves, leave nation building, even body building is a difficult task. What is lacking in most law students is primarily, humility and the ability to acknowledge others' knowledge. Arrogance and a closed mind cripples even the best minds. A modern India requires legal experts and practitioners who are open to ideas and changes, not those who are fossilized in time.


2. When did you start your preparations for Civil Services?
Prasanth Nair: I wanted to join the IAS when I was probably in the 10th or so. I must have started mentally preparing for it.  Conscious syllabus based preparations were made after I joined GLC as 1st year student in the 5yr course. 
       

3. How should a student of Law study if he is aiming for Civil Service Exam?
Prasanth Nair: Study the syllabus and the exam first. After he studies the exam, he can easily study for the exam. Take part in Moot Court competitions as that will help you sharpen your presentation skills, besides getting you attendance! In Government Law College Thiruvananthapuram, there are lots of things that are in your advantage while preparing for such an exam. Make most of it.


4. It is frequently asked question by law students whether LL.M or civil service preparation must be undertaken first. What do you think?
Prasanth Nair:I wonder why law students have such questions! 
I prepared for Civil Service when I was doing my 4th year B.A.L, LL.B and I appeared for the IAS interview based on my B.A.L degree, an year before I completed my course. Let us not complicate things by thinking too much on what to do first. It is all about priority. If you want to prepare you can do it even while doing your graduation. If you are a doubting Thomas, even after your PhD, you'll think what next.


5. Do you think that serving the corporate sector would instill professionalism in a young man?
 Prasanth Nair:Not necessarily. Many people without exposure to both government and private sector fall for this fad. Professionalism is a function of your mind and attitude, apart from sound training. The numerous reported instances of corporate corruption, mis-governance, insider trading, lobbying and even high profile cases of corruption related to  purposeful skewing of Government policies show the dark side of corporate administration.


6. It is seen that persons learned in law engage in many jobs without any other professional training and succeeds in that, be it Business, Journalism, Politics etc. Do you think that a law degree moulds a teen into a man?
Prasanth Nair: LL.B is all about law, the rules of the game called life in this country. Knowing the rules of the game naturally makes him a better player, no matter where the game is played. The years spent in the Law College indeed gives a man or a woman the exposure of a life time to a wide cross section of the society.


7. Did your study of law helped you in any ways when you successfully discharged your duties as an officer of IAS?
Prasanth Nair: Of course. Administration is implementation of law and clear knowledge of law and the procedures is a great help. The initial appointment as Sub Divisional Magistrate was a chance for direct application of law and the legal process which I thoroughly enjoyed. Knowledge of law also empowers you. I honestly felt that it made me the most powerful SDM in Kerala at that time! Knowing law also helps one manouvre through the complex labyrinth of administration.


8. Do you think that legal education needs a change in India?
Prasanth Nair: Legal education and the profession needs to get a thorough shakeup in India. Coteries and families alone cannot dictate the terms of the profession any longer. Genuine talent and hard work should be rewarded promptly as is the case in western countries. Efficiency and delivery of results should become the goal of the justice machinery and education should also be attuned to that effect, instead of teaching tactics to delay cases. Often it is said that what is taught in the college has hardly any relevance in the Court of practice. More avenues for corporate lawyers is slowly weaning away the brighter elements amongst the law students from court practice. This is more so because the initial years are difficult. Probably ensuing competition from opening up of legal services under international obligations would bring justice to ordinary but talented legal practitioners. Both corporate as well as court practitioners. It could gradually change the focus of legal education to a more utilitarian and practical method.

9. What is your advice to law students?
Prasanth Nair: Though we study a lot on justice and fairness, nothing is more unfair as is the life of a law student after graduation- that is unless we make a definitive move. If one chooses to flow with the tide, you are not going to be taken anywhere in this profession. There are a whole lot of avenues waiting just for a capable law graduate. Whether one ends up as a Supreme Court Judge or as a small time practitioner in a lower Court or a clerical staff or a file pushing bureaucrat, let us remember that we take pride in saying that 'I studied law', as if we know all the law in this world. Not as an advice, but as a suggestion to my brethren in this field, may I reiterate the need for humility and inquisitiveness which alone can make one successful. For we always remain students of law and we can never rightfully claim that we studied law!


(Shri. Prasanth Nair may be contacted at 
prasanthnair.ias@gmail.com. His articles can be read at http://prasanthias.wordpress.com)

Monday 12 November 2012

N Natarajan suspended

N Natarajan
Photo: Mathrubhumi

By Nebil Nizar/myidnebil@gmail.com

Thiruvananthapuram: State Information Commissioner Shri. N Natarajan is suspended by Governor H.R Bharadwaj on the advice of the State Cabinet.

The Government of Kerala recommended suspension against N Natarajan on the basis of an enquiry conducted by Additional Director General of Police R Sreelekha and subsequent advice by Home and Law Departments.

Vigilance DySP V.G Kunhan complained to his seniors in black and white along with a audio recording that Deputy Inspector General N Natarajan (as he then was) was pressurizing him to spare VS Achuthanandan, the then Chief Minister, against whom a case was then investigated by him. V.S Achuthanandan, 
 former Revenue Minister K. P. Rajendran, the then Principal Secretary to Chief Minister Sheela Thomas and Personal Assistant Suresh were named as accused in the case.
Natarajan was appointed as the Information Commissioner during the tenure of V S Achuthanandan as the Chief Minister of Kerala. Now when the controversy raked up, VS Achuthanandan expectedly disowned Natarajan.

‘If Vigilance Report is against Natarajan, then he must move out’, said former Director General of Police M.G.A Ramen in a telephone interview. The Kerala RTI Federation has also requested the Governor to initiate proceedings against Natarajan.

Legal position of this issue is like this. Section 17(2) of RTI Act, authorizes Governor of a state to suspend Information Commissioners in case of malpractices. Section 17(1) of RTI Act says that Information Commissioner can be removed from service only after an inquiry by the Supreme Court.


Friday 2 November 2012

The CRIMINAL Advocates

Shri. J Gopikrishnan
Photo: indologygoa.wordpress.com

By J Gopikrishnan

Mahatma Gandhi once compared Lawyers’ profession is like liar’s. I never took Gandhiji’s this particular observation seriously and even thought somebody must have misquoted him. But after my four year long 2G spectrum saga I am convinced Mahatma was very right here also.

Take this example. We all heard Ram Jethmalani talking blabbering on black money and even once he offered himself to become the Special Public Prosecutor of Supreme Court monitored 2G investigation and trial. Those days the Centre was trying to collapse Supreme Court’s move to appoint UU Lallit as Special Public Prosecutor. It was because he was not a pliable character. The Ministers who were advocates in the UPA government don’t want Lalit as Special Public Prosecutor as all aware 2G probe may go to unseen angles.

Within minutes of Jethmalani’s declaration, Subramanian Swamy objected and at last Lalit became the Special Prosecutor.  We have seen, Jethmalani within days landed 2G special court as accused Kanmozhi’s advocate. Jethmalani who fought case in Supreme Court on black money (Really I don’t know how this so called Bring Back Blackmoney campaign aims to achieve the goal) was the lone BJP MP, who never declared that he don’t have foreign bank accounts. When BJP MPs rallied to file – no foreign back account – affidavit, Jehtmalani was absent. He excused on his daughter’s illness and she died after few weeks. Within days after the death, he landed in Delhi’s shivering winter to argue for Kanimozhi in small trial court.

Vineet Narayan of Hawala case told me in detail, how Jethmalani, who represented him collapsed the case. Vineet publicly said, Jethmalani offered him one million dollars for compromise. Though Jethmalani threatened him of filing defamation case, he never did it.  

I brought out this example as classic case of how the profession of advocates have degraded. I have seen so many advocates in the Patiala House Court (Local court complex in Central Delhi) coming in old scooters and small cars. After 2G special court was established and so many corproates landed as accused, within days these advocates were seen dashing in Mercedes Benz and BMW kind of vehicles with iPads in hands. Small time lawyers started landing courts with so many juniors like a fashion parade. I have seen one accused shouting and almost hitting such an advocate, when his bail application was cancelled. The reason was, the fraud advocate claimed that he had manipulated the judge and this time bail was a sure. Fearing life, advocate complained to police. As an advocate, he well knew that his client has patronage of underworld- terorist Dawood Ibrahim. Police asked him to file written complaint, which he never did and the issue was settled after he gave back around Rs. Five crore to accused's father.

I wish to write a book soon on the 2G spectrum scam saga, where advocates become the ultimate beneficiaries. As the case is in the trial stage, let me put a pause on this regard.

Veteran journalist Arun Shourie has written on several occasions, that major political parties are now under the control of advocate turned politicians. These advocates are all belong to corporate companies’ racket and now stopped representing any Public Interest Litigations (PIL). Some never in their career appeared for PILs. Majority of the spokespersons are corporate advocates, barring some few. Everybody is a “retainer” of most of the companies, who owe billions or looted billions of public exchequer.  Most of the politicians cum advocates are representing the case of tax evaders. They abuse their position in politics to flourish their business of advocacy or lobbying and becoming the part of looters of the country.

Earlier so many advocates entered politics to serve community. Many leaders wore black gowns during independence struggle to save the young men from gallows. But now that breed had gone and money mongering corporate lawyers infiltrated into India’s polity. How many so called legal luminaries are entertaining PILs. Everybody started charging lakhs on hourly basis and some started crores on daily basis. Very few people like Prashant Bhushan entertaining PILs and representing cases literally free for common cause.

The generation that fought on PILs have gone. The saddest point is, when you ask young advocates, all wanted to become or dreaming to become corporate advocates, aiming to spend court vacations worldwide. Very, very few are working on petitions on social cause and agonies of common man.

This is long debatable topic on how clean this noble profession. There need a tough Regulator for this profession.  We have to strengthen the Bar Council for acting against these elements which spoil the spirit of the profession, which once guided the world. The first thing to rectify the system is the thorough redrafting of India’s redundant Advocates  Act to clean this noble profession, now infiltrated by money mongers and manipulators.


(J Gopikrishnan is a journalist working with “The Pioneer” newspaper. His articles can be read at his blog :http://jgopikrishnan.blogspot.in/ )