Archiving the Past

40 Pages·2014·2.22 MB·English

`50 FEB 2014
LEGAL LENSVIEW
LEGAL
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FOUNDER’S DAY
Celebrating the centenary of AIR Journal
(1914 - 2014)
EDITOR’S NOTE
Going Two
`50 FEB 2014
Millenniums Back
LEGAL LENSVIEW
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FLAIR Talk covers the history of Indian Media Law over
two millenniums; the Arthashastra written in the reign of
Chandragupta Maurya dynasty, manuscript newspapers of
the court of the Mughals and media law foundation laid
during the British Raj.
FLAIR honours the legal luminaries who are still shaping
India and draws opinion from the legal eagles on endorsing
Alternate Dispute Resolution mechanisms to their clients Thank you readers
for better value for money.
for the wonderful
The Legal Updates provide an overview of the leading response of the
judgements reported in AIR Journal of January and
January collector's
February. The Life & Style section carries an interface with
Dr. A Lakshminath, Chancellor, D S National Law
edition themed on
University; and Pro-Chancellor / Vice-Chancellor of
Chanakya National Law University. There are excerpts from the 100 years of
an editorial meet with the Master Bureaucrat, Dr. Amitabh
India from a legal
Rajan.
lensview.
The Celeb Overruled features the courtroom dramas
immortalized on celluloid in Hindi cinema. Cynosure
highlights our editorial discussions on the gender bias in
sexual assault cases and the research section recognizes the
legal experts on their first-rate report about Lok Adalat and
paternity laws.
The culture of National Law Universities began with the
establishing of NLSIU Bangalore, the first of its kind in
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and matrimonial issues in the Counsel's Chamber is an
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Dr. Aruna Namballa
Look forward to your feedback on this issue. Up your legal Editor, FLAIR Talk
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Feb 2014 FLAIR Talk | 03
L AIR
Editor Dr. Aruna Namballa
Publishing Director Aditya Vaidya
Managing Editor Gururoop Sabharwal
TALK
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Operations Harshada Meshram
FEBRUARY 2014
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Contributors
5 Inbox 23 Behind the Scenes
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An historical account of Indian 34 Counsel’s Chamber
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INBOX
Speak Up
THE CONTINUED LEGAL TWEET BOX
L AIR`50 JAN 2014
LEGACY
Refer to Profile: Profession 'Barrister to
Refer to Cover Story 'Pre-Independence Advocate' (Jan 2014, issue)
COLLECTOR’S EDITION TALK
and Post-Independence' (Jan 2014,
issue)  Original thinking is the need of the
1914 - 2014
INDIA hour so that there is no depletion in
from a Legal Lensview The pre-independence picture of the terms of quality lawyers.
faded grey is a tribute to the British  The dilution of legal profession and
colonial legacy having laid the the involvement of corporate
foundation of the Indian legal system culture.
and bringing the country under a  Law profession changed from time
VOLUME 1 ISSUE 1 | www.airwebworld.com unified law. The post-independence immemorial; hope competition
perspective proves that our legal system breeds quality legal force in the
is one of the most complicated in the future.
 I am happy that Legal Service has
world.
been brought under Consumer
The comparison drawn in the two parts Protection Act, 1988. Now lawyers
of the cover story among different legal too can be made legally
twitter.com/FLAIRTalk
domains, provides an insight that go accountable!
facebook.com/FLAIRTalk beyond our law text books. But the  I share the view of the author in not
linkd.in/FLAIRTalk current system of independent India is favouring the increased involvement
no different from the British rule, the of corporate culture in the legal
gplus.to/FLAIRTalk dynasty is still dictating the current profession.
political scenario.
BILL IS COMMUNALLY WALL POSTS
INCORRECT
Refer to Flair Honours 'Legal
Refer to Quote Unquote 'Communally Luminaries' (Jan 2014, issue)
Correct' (Jan 2014, issue)
 The freedom incarnates of our
History tells us that India is a country
country will always be an
which is tolerant by nature. But some
inspiration to us for shaping
politicians have infused communal
independent India.
hatred amongst Indians to gain
 These leaders gave the best of
political benefits, as well as certain
themselves to education because
NGO's and social activists indulging at
they believed that in education
the behest of these politicians.
rightly lies the secret of human
The philosophy of sarva dharma welfare.
sambhav is possible in ways like every  Salutation to these legal luminaries
religion should be respected and there and a good job on part of FLAIR for
should not be any differentiation. honoring the great leaders of our
Pointed by a few in the legal fraternity, country.
I too believe that any Bill introduced  Wish today's judicial system
will only further communal hatred, followed Mahatma's quote, “Justice
because intention of such Bills can that love gives is a surrender, justice
never be universal peace. that law gives is a punishment.”
Feb 2014 FLAIR Talk | 05
LENSVIEW: NATION
Aap ka Dharna Lalit Modi plays his shot
Indo-African ties strained? Currently exiled in UK, may sweep the RCA elections
A F
dv. Karuna Nundy of Supreme ormer Indian Premier League ballot box which was to open on 6
Court of India states, “You can't commissioner Lalit Modi was January, has been deferred again to a
have ministers and AAP volunteers eyeing the Rajasthan Cricket later date. The controversial
conducting raids. Mobs do tend to go Association president's post for a Rajasthan Sports Act that enabled
out of control which is why we have second time. In September 2013, a Modi to become President for the
these procedures.” BCCI disciplinary committee found first time in 2005, has been
Modi guilty of wrong-doings, when challenged by RCA's former chief
Delhi Law Minister Somnath Bharti he managed the world's richest T20 Kishore Rungta. His petition has the
came under duress of limelight over championship from 2008-2010. support of BCCI which banned Modi
his controversial actions against an for life.
Modi was suspended in April 2010 on
alleged sex and drugs ring. A
charges of misusing his powers, Back in 2007, he also filed a Special
complaint has been lodged by two
including financial irregularities and Leave Petition in the Supreme Court.
Ugandan women against unknown
was unanimously banned by BCCI. Until 2005, the voting rights in RCA
accused for creating a ruckus during
The BCCI has been opposing Modi's had rested with 67 individual
a midnight action on 15 January
return and has challenged the members and 32 district associations.
without any warrant.
controversial Sports Act that allowed The Rajasthan government, then
The minister arrived in Khirki him to contest the RCA elections headed by BJP's Vasundhara Raje,
extension and led midnight raids under the supervision of the two introduced the controversial Act in
against foreign nationals from former Supreme Court judges, N. M. 2005. It abolished the voting rights of
Uganda and Nigeria, following the Kasliwal and S. P. Pathak. individual members and only allowed
charges by residents in the area the districts to vote. In a closely-
alleging Africans were running a Modi claimed the support 0f 29 out fought election, Modi toppled
drugs and prostitution racket in the of the 32 district units, but the sealed Rungta by a solitary vote.
neighbourhood.
Two African woman nationals were
beaten up, forced to give urine
samples, only to later find negative
medical results, cavity searched them
and held captive inside a taxi for
nearly three hours by AAP members.
Playing innocent, Bharti addressed
lawyers on the eve of Republic Day of
his unawareness of procedures being
the common man.
Opposing Chief Minister Arvind
Kejriwal's demand for Delhi police to
be brought under direct state control,
Sushil Kumar Shinde cleared his
stand that it will remain under
Ministry of Home Affairs. Kejriwal
also demanded the suspension of 5
police personnel, who wanted to
follow the procedure and denied
cooperation without any warrant or
evidence. Consequently, two police
officers were sent on leave as a Relief to the Janta: No more company messages beeping and blinking on the cell
political compromise. phone screens with the cruel news of ‘unasked’ auto renewal of pasandida schemes.
06 | Feb 2014 FLAIR Talk
LENSVIEW: NATION
Tehelka’s Newsflash
Question on women safety at workplace
T
he co-founder and editor of Tejpal has been booked under several
Tehelka, India's leading public- IPC sections including 354-A (sexual
interest investigative news magazine, harassment, physical contact,
Tarun Tejpal, is accused of sexually advances involving unwelcome and
assaulting a junior colleague during explicit sexual overtures, or any other
Think Fest, a high-profile conference unwelcome physical, verbal or non-
organised by Tehelka in a five-star Goa verbal conduct of sexual nature), 376
resort in November 2013. He had been (rape) and 376 (2)(k) (rape by a
behind bars for about 2 months till person of a woman in his custody
January, when his judicial custody was taking advantage of his official
extended by 14 days. position).
Sessions Judge Anuja Prabhudesai The journalist is at present lodged as Bio-clone, an affordable life
rejected Tejpal's bail plea in mid- prisoner number 624 at the Sada sub- saver? World's first bio-similar
January on the grounds that he may jail in the port town of Vasco. India's cancer drug Herceptin is now
tamper with the evidence, influence media, newly sensitised to sexual patented to Biocon to treat breast
witnesses and because he seems prima assault cases after a string of widely cancer. CEO Kiran Mazumdar-
facie guilty of sexual assault. If publicised gang rape incidents in Shaw intends to make it feasible, the
convicted, Tejpal could be jailed for at 2013, this case once again created drug still remains out of reach for
75% affected!
least 10 years. Tehelka in the country.
Adarshwadi Leaders J&K Status
Scam in serving those who deserve A democratic choice?
T T
he Adarsh Co-operative Housing public poverty-for personal benefit. he most debated Article 370,
Society scam dates back to As per rules, no action can be taken which grants special status to
February 2002, when a request was against IAS officers four years after Jammu and Kashmir has again become
made to the then Chief Minister of their retirement; but in this case, as a political agenda sighting electoral
Maharashtra to allot land in the heart the judicial commission had made gains. Much concern goes with
of Mumbai for the welfare of serving critical observations on the dubious generating awareness among the crowd
and the retired personnel of the role of the retired babus, the State will about the importance of such an
Defence Services. seek legal opinion for indicting them. Article and to thwart machinations of
those hoodwinking people creating
Over a decade, top politicians, The commission had found that the 12 unfounded apprehensions to polarize
bureaucrats and military officers bureaucrats violated the All India public opinion.
proceeded to bend several rules and Service (Conduct) Rules, while some
perpetrate various acts of omission in of them were guilty of quid pro quo. In J&K's full-fledged identity was kept in
order to have the building constructed a setback to Maharashtra's former postponement, or in a kind of
and then get themselves allotted flats Chief Minister Ashok Chavan, a suspended animation, by virtue of this
in the premier property at artificially special court rejected the CBI's plea Article till dispute about its political
lowered prices. backed by the central government, to identity was resolved with Pakistan by a
drop his name from the list of accused reference to the people of Kashmir. Its
The episode revealed how a group of in the scam. He could be tried under current status is that of a marriage
select officials, placed in key posts, the Prevention of Corruption Act, as counsellor desperately trying to thread
could subvert rules and regulations in he has been accused of criminal between the soon-to-be-divorced man
order to grab prime government land, a misconduct. and women democratically.
Compiled by ADITY BHATTACHARYA
Feb 2014 FLAIR Talk | 07
LENSVIEW: BUSINESS
Laundering the Rupee menace
demonitisation process. No questions teller needs to verify every bank note
or proof would be asked till 30 June deposited by customers. This will also
2014 while approaching the banks for create major problems for senior
such exchange; thereafter the identity citizens with poor eye sight.
proof will be made compulsory.
In the long run, bank notes of smaller
Though the RBI move has already sent denominations will be seen exchanged
shock waves across the people hoarding at a premium. Steady increase in real
unaccounted cash through tax evasion; estate prices may be seen as harbouring
T
he Reserve Bank of India has the measure is purely intended to curb most of unaccounted black money in
advised that, after 31 March 2014, the fake currency in circulation. benami assets. Even the prices of
currency notes issued before 2005 shall Immediate effect will mean long precious metals like gold and silver may
be withdrawn. This exercise is not a queues at bank cash counters as the see trends towards north.
BITing the Coin virtually
B
itcoin came into existence in 2009 malware threats cannot be denied.
and the current number of units
generated so far stands at about 12 The Reserve Bank of India fears that
million. In just 3 years of its existence, this new phenomenon can give rise to a
Bitcoin has already become the world's new kind of illegal investment schemes
most expensive currency and its per that could be very difficult to track and
unit value soared past USD 1,000 level. clamp down in the current scenario.
There is almost zero physical activity In India, few complaints have already
It is a virtual currency that can be when dealing in Bitcoins and nearly all poured in about Bitcoins being used by
generated through advanced computer transactions take place in the electronic some operators in certain e-versions of
software systems with solutions shared format, making it easy for fraudsters multi-level marketing or e-ponzi
on a network. Although the process is who are promoting it as the next big schemes. Other such virtual currencies
complex and such 'mining' can be done investment product with unlimited in the dock are Litecoins, BBQcoins
only through specific programs, the returns. and Dogecoins.
Savings and investments in non- Romancing the Yellow metal
operating assets like gold is
discouraged by central banks across the
India being the largest consumer of the policy, merchants are providing free
world. However, India's love with the
gold and being heavily dependent on tickets to such workers as incentive to
yellow metal is simply more than
crude oil imports; all settlements of bring in gold. Inbound flights from
cultural and time-tested tradition of
trade are done in USD. As a result, the Dubai have been getting in 30-40 kgs of
savings.
forex reserves have plummeted below gold at a time.
USD 300 billion mark. The
Government has imposed customs duty As many Malyali workers migrate to
to curb gold imports. These corrective Middle East countries for work, Kerala
measures are effective, but have economy is highly dependent on
triggered the black market many folds. remittance, particularly through the
traditional hundi system to avoid legal
Indian Customs Policy allows the restrictions. The gold crazy mentality
workers coming from UAE with 6+ has also forced the Kerala Commission
months stay visa, to bring in up to 1kg for Women to notify about not gifting
gold. Taking advantage of loopholes in gold beyond 80 grams in marriages.
08 | Feb 2014 FLAIR Talk
LENSVIEW: BUSINESS
Indian Railways on FDI track high-speed train systems, freight line
projects; to be implemented with a
target of USD 10 billion in span of 5
R
ailways are one of the most idea of privatisation attracted a lot of years.
important means for passenger protests and criticism from the railway
and cargo transport. It is one of the employees and political leaders. General Electric Company from the
country's last government-controlled USA and Canada's Bombardier
industries, with huge appetite of FDI can become the game-changer and Transportation have already expressed
investment for modernizing its India is committed to overcoming the interest, while the Chinese and German
infrastructure, as well as to improvise challenges to modernize railways via counterparts are in the queue.
its service delivery and efficiency. Public-Private Partnership (PPP). However, the companies are keeping a
The government has finally approved Facing the competition heat from cautious eye on investing in such
the FDI investment in the loss making China, the authorities have given a nod projects due to policy paralysis and
railways for financial boost. Earlier, the for 100% FDI in suburban corridors, land issues plaguing India.
Derailing
Retail FDI
T
he Government of India having
passed the FDI in Retail policy,
allowing States to take the final call of
implementation, Delhi Government
under Sheila Dixit was one of the first
to implement it. The newly elected
AAP recently overturned the policy,
owing to its populist election
manifesto. Leaders from India Inc.
along with bodies like CII and FICCI,
are expressing discontent about
sending wrong signals of policy
instability to the international
investors’ market.
The Department of Industrial Policy
and Promotions has finally been
communicated on reversal of FDI due
to high unemployment in Delhi and
the AAP government perceives that it
will prevent further decrease in job
opportunities. However, the CM has
assured to discuss FDI with
industrialists for select sectors.
FDI in Retail business has been
flooded with multiple contradictory
opinions. The pro-FDI advocate that
inefficiency in domestic trade and gap
in pricing is due to middlemen and
collusion among pseudo-market
bodies, while the smaller kirana shop Spacing it out: India advances its space policy by the successful launch of the
owners protest losing their livelihood GSLV – D5 powered by Cryogenic Engine, the most complex technology in
on the entry of retail giants. rocket science.
Compiled by PUJA & MANOJ THAKUR
Feb 2014 FLAIR Talk | 09
LENSVIEW: GLOBE
Indo-US
Tiff-lomacy
I
n December 2013, Devyani
Khobragade was transferred by the
Government of India to the UN
mission in New York, subject to
clearance from the US Department of
State, which would entitle her to full
diplomatic immunity. Her former post
only entitled her to consular immunity.
By mid-January 2014, the USA granted
Khobragade the G-1 visa. India had
already taken retaliatory measures
against the US diplomatic missions in
Delhi and Mumbai.
Following this an unknown US State
official is reported to have stated, "The Justice denied or delayed? After the Italian marines painted their
US requested waiver of immunity (of hands red with the innocent blood in the 'debated' international waters,
Devyani Khobragade) and India Italy's playing on all-round confusion expecting India to sympathise!
denied that request. We then
requested her departure, as per the
Ash-sha`b yurid isqat an-nizam
standard procedure and the charges
remain in place." Soon after,
Khobragade left the United States by (implies bringing down the regime)
plane to India, she was indicted by a
I
federal grand jury with visa fraud and slamist Winter, an allusion to the Libyan civil war added fuel to conflict
making false statements. Revolution of 1848, sometimes in Mali, which has been described as
referred to as Spring-time of the People 'fallout' from the Arab Spring in North
Concerns still exist for other Indian or Arab Spring, are terms for the Africa. The sectarian clashes in
diplomats in foreign nations who revolutionary wave of demonstrations, Lebanon were described as a spill-over
might have entered into similar riots, and civil wars in the Arab world violence of the Syrian uprising and
agreements with their domestic that began in mid-December 2010. This hence the regional Arab Spring. Tunisia
employees. Whether they would be in disturbance is believed to be instigated and Egypt were the first to witness
a similar fix or would they be by dissatisfaction and tension between major uprisings.
exonerated of their wrong-doings, the rising aspirants and the ruling
depends mostly on the law of the land governments who were reluctant to Protests in Egypt led the government to
where they serve as Indian introduce democratic reforms. eliminate the nation's internet access
representatives. and take control of the media. Despite
By December 2013, rulers had been thousands taking down to the streets
Another issue that arises in the forced down from power in Tunisia, and being killed by police while
background of Rajnath Singh's Egypt (twice), Libya, and Yemen; civil protesting, President Hosni Mubarak
question, is whether foreign diplomats uprisings had erupted in Bahrain and had to dismiss his government and step
in India should be treated in a similar Syria; major protests had broken out in down. The Apex Court of Egypt
fashion as Khobragade for serious Algeria, Iraq, Jordan, Kuwait, Morocco, recently upheld the law by convicting
offences. For example, offence under and Sudan; and minor protests had him to life in prison. Another silver
S.377 of IPC, which has now been occurred in Mauritania, Oman, Saudi lining in this turmoil is the birth of
conclusively decided to be a crime by Arabia, Djibouti, Western Sahara, and new Egyptian Constitution, which
the Supreme Court, should be slapped the Palestinian Authority. came into effect on 18 January 2014,
on foreign diplomats violating it on and may serve as an example for other
Indian soil. Armed Tuareg fighters’ surge after the affected Arab Spring countries.
Compiled by ADITY BHATTACHARYA
10 | Feb 2014 FLAIR Talk