To touch on the long held unacceptable practice of pre-natal sex determination and subsequent female foeticide in our country, we had Adv. Aileen Savina Marcques. With an experience of over seven years, Adv. Aileen works for women protection and empowerment. She handles cases of marital discord, sexual assault, child custody, family disputes and the likes. She also provides training and holds workshops for students, NGOs, judges, principals, media personnel and government officials.
In a country where the male child is considered dominant and hence preferred, and the female child is seen as an “unaffordable economic burden”, a session on this topic was essential.
The Pre- Conception & Pre-Natal Diagnostic Techniques Act was enacted by the Government of India in 1994, in order to check female foeticide. The law extends to all of India except the state of Jammu and Kashmir. It sets down rules and regulations for the establishment and running of Genetic Counseling Centres, Genetic Clinics and Genetic Laboratories and the criterion for appointment of personnel in these Institutes. The law mandates for technology used in these centres to be registered and any breach of Provisions under the Act by any individual or organization calls for stringent punishment by the concerned Appropriate Authority.
In her educative speech, Adv. Aileen highlighted that a change in the country is possible only through proper implementation and prevention of misuse of the Act. A presentation was used by her as teaching aid. She also involved students by putting forth a scenario of two college students; one male and another female, having to walk to the nearest railway station at 12 a.m. midnight. She then asked the students to guess the assaults likely to be inflicted on either gender, thus bringing to their attention the fact of how society indulges in gender discrimination. She also brought notice to the fact that pre-natal sex determination is permissible in most countries of the world except for India. She ended her talk by encouraging students to honestly practice their profession and that “money” alone should not be one’s motivating force.
According to a study published by the Lancet Global Health in May 2018, two lakh girls under the age of five die every year in India because of neglect owing to gender discrimination.
If India wants to be in par with the developed nations of the world, it needs to value its girl child !
The knowledge of Law alone does not make one a good Paralegal. One needs to have the ability to articulate and be observant as well.
Thus, to shed light on the importance of soft-skills such as Listening, Communication, Observation and Drafting in the life of a Paralegal, our first day at the Training Programme commenced with an informative session by Adv. Mohammad Shafique Shah. Based in Malad, Adv. Shafique specializes in Criminal and Property Law. He also holds a Diploma in Cyber Law pursued from the University of Mumbai. He is a member of the Bombay City Civil and Sessions Court. He also enrolled with The Bar Council of Maharashtra and Goa in 2014. Adv. Shafique even serves as a legal adviser, handling cases independently with a result-oriented approach.
In his address to the students, Adv. Shafique explained the different types of Property Transfers and the registration, stamp duty requirements and non-requirements of each. He cautioned students that inadequate communication skills can cost them their reputation and that a genuine case presented poorly can be lost ! He also emphasized the impact Drafting has in one’s presentation of the written plea. He advised students not to represent clients with false pleas and informed that the way to identifying false pleas is through the art of tactful questioning. Details of the formats of written pleas of the various Courts was discussed by him. The hierarchy of Courts in Criminal cases and the number of judges at each level in these courts was analysed. He briefly touched upon the Protection of Women from Domestic Violence Act, 2005, as well.
Adv. Shafique concluded the session by narrating his personal experience with cases he handled at the beginning of his career.
A detailed session on such a required topic was a must !
Increasing plight of Juvenile crimes : A subject of concern
Our second day at the Paralegal Training Session began with a topic frequently heard in conversation today – the Juvenile Justice Act, 2000, delivered by Adv. Rashda Ainapore.
Adv. Rashda works independently as a Legal Counsellor and Mediator. Her role involves providing extensive consultations and advice in the form of oral and written opinions as well as appearing as Counsel before the High Court and in Mediation Proceedings. She even serves as a Consultant to Multi National Companies (MNCs) and offers legal advice to entities launching new businesses.
The Juvenile Justice Act, 2000, was enacted by the Government of India for its young offenders. The law was brought in compliance to the 1989 United Nations Convention on the Rights of the Child (UNCRC). It extends to the whole of India except for the state of Jammu and Kashmir. It is a law relating to children alleged and found to be in conflict with law and for children in need of care and protection. Procedures in relation to these are specifically laid down. Eighteen years is set as the cut off age for defining a “child” under the Act. The law mandates for the setting up of one or more Juvenile Justice Boards (JJB) for every district, in order to look into cases of child offences. Observation Homes, Special Home or Childrens’ Home are setup to cater to basic needs of children through proper care, protection, development, treatment and social re-integration. Adjudication and disposal of matters is carried out in a child-friendly manner keeping in mind the best interest of the child.
In her enlightening session, Adv. Rashda presented real life incidents before the students for examining. She compared the law in theory with reality and highlighted how reality has a different story to reveal. She began with the horrific Nirbhaya gang rape and murder case of December 2012, Delhi. After giving a brief account of the incident, Adv. Rashda questioned as to why the juvenile should not be punished like the rest of the convicts. Her question was met with spontaneous participation from the students. She suggested to students that they read up verdicts passed in other cases of juvenile delinquency for a deeper understanding.
She concluded the session with words of wisdom and pearls of advice. She suggested that looking at any matter in life critically would be of benefit to them. She advised students to make full use of their Institute and master the laws. The fact that they would learn a lot more outside the classroom – through practical work and sessions like these, was pointed out by her. Moreover, it was added by her that despite the corruption, there is always a better side to life. Not all is bad. Each must work within their circle of influence – it need not be something big, but being able to make a difference in even one person’s life is worthwhile.
Thus, she successfully brought an end to the session and left her students with words to ponder upon – that Law came into their lives for a reason.
The only constant in the 1993 Mumbai blast trials : Adv. Farhana Shah – addresses ParaLegal Volunteers
It was a great privilege to have Adv. Farhana Shah conduct a session on the second day of our Paralegal Training Programme. Based in Mumbai, Adv. Farhana is a well-known Criminal Lawyer. Twenty- five years and counting; she continues her fight for the accused in the 1993 Mumbai blasts, representing 80 suspects including Bollywood actor Sanjay Dutt . Despite objections raised by people of her fraternity and threats received from society, Adv. Farhana stood firm in her resolve to struggle for their cause. Her pioneering spirit and dedication paid off when the Supreme Court accepted her submissions and resultantly remitted the death sentence of ten accused in the blasts. She later expressed her joy stating, “The fact that I have been able to save 10 lives was the best thing for me.” Her generosity reflects in the gesture that she represented many of the accused for free and even paid for their conveyance. She remarks that taking up this case was a life changing decision and has taught her a lot.
Adv. Farhana was also one of the two lawyers nominated by Bombay High Court to represent Mohammad Ajmal Kasab convicted in the 26/11 terror attack case. She even represented a suspect in the Mumbai train blasts of July 2006.
When condemned for representing terror suspects, she would firmly respond, “It is my duty to represent an accused person who approaches me. If he is guilty or not, the Court will decide.”
Adv. Farhana conducted a deeply interesting and informative session for the students. Basic information regarding Criminal Laws was delivered. Different laws dealing with offences such as the Indian Penal Code (IPC), Evidences Act, The Code of Criminal Procedure (Crpc) etc were mentioned. Arrest procedures were explained in detail. Meaning of ‘bailable’ and ‘non-bailable’ offences was analysed. Steps in applying for a bail and instances when a bail can be applied for or not were examined.
She even addressed students on the topic, “Rights of Prisoners”. Legal terms such as ‘under-trials’ and ‘convicts’ were defined and facilities available within jails were mentioned. Services of Furlough and Parole and their term period was discussed. She also brought notice to the fact that Arthur Road Jail which has a capacity for 800 prisoners is currently accommodated by 3000+ inmates, thus highlighting how the law differs in practice.
A living inspiration to lovers of justice, her presence at the Training session was an honor.
Former Justice of Bombay High Court; Adv. Abhay Mahadeo Thipsay – addresses Paralegal Volunteers
Mr Abhay Mahadeo Thipsay has served as a Judge in Bombay and Allahabad High Court for six years. Some of the key cases handled by him include the trial of Chandra Swamy in 1994-95, the historic Best Bakery riot case during the 2002 Gujarat carnage, the Sohrabuddin encounter case etc to name a few. His convicting nine out of seventeen accused in the Best Bakery case restored peoples’ faith in the Judiciary. A criminal lawyer who has been witnessing Justice Thipsay in Court for several years remarks, ” For Judge Thipsay, it does not matter who the person is, he genuinely practices the rule of law – bail is the rule and jail is the exception.”
His brilliant advocacy and judicious mind won him quick promotions. He joined the Bar Council of Maharashtra and Goa in 1979. In 1987, he was appointed Metropolitan Magistrate. He was further promoted to the status of Principal District and Sessions Judge in 2007. 2011 saw him two great achievements – he was appointed as a special judge at Maharashtra Control of Organized Crime Act (MCOCA) and Additional Judge at Bombay High Court. Then, he was transferred to Allahabad High Court in 2016. After his retirement in 2017, he joined hands with the Indian National Congress party.
In his remarkable address to the students, Justice Thipsay touched on the topic, “Human Rights”. He narrated the corruption witnessed by him during his career.
He clarified the misconception held by many people that the Judiciary in India runs under pressure from the government. And stated that the procedure to remove a High Court or Supreme Court Judge is a difficult one – this is done in order to keep them fearless and impartial.
He defined terms of the Preamble such as Sovereign, Socialist, Democratic etc. He mentioned the three organs of the government namely; the Executive, Legislature and the Judiciary and defined the role of each.
He stressed how violation of Human Rights happens in cases of the poor mostly. He spoke of two examples of corrupt happenings witnessed by him. Firstly, he narrated that when families of prisoners brought food for them, the jail police would not allow the family unless they brought a tiffin for them too. Secondly, he described that once 30-40 people were being dragged into Court by means of a rope; the police stating lack of adequate staff as a reason. The astonished look on the students’ faces upon hearing these incidents was worth noting.
He pointed out that the encounters reported by officers are 99% fake and only genuine by 1%. He expressed anguish at this practice.
Judge Thipsay even underlined how many people are raped, die or are even killed in Police custody- later the police falsely claiming of prisoners’ absconding.
He encouraged students to consider becoming a Judge.
He concluded with a striking statement that no one is born a criminal and that society, politicians, and the administration create criminals.
For the Minorities in India, it’s still all about the Majority.
To address the sensitive topic of atrocities against minorities, we had Adv. Nitin Satpute to enlighten students on the Scheduled Caste and Scheduled Tribe Act, 1989.
Adv. Satpute specializes in Criminal Law. He serves as a lawyer in all Metropolitan Magistrate Courts, Session Courts, High Courts and the Supreme Court of India.
He is well-known for filing a Public Interest Litigation (PIL) at Bombay High Court against the quick remission of Bollywood actor Sanjay Dutt in the 1993 Mumbai serial bomb blast case, alleging that Dutt was being given preferential treatment in view of his celebrity status. Adv. Satpute demanded that Dutt be made to complete his five-year prison term imposed by the Supreme Court. He raised objections stating that while several inmates are rotting in jail despite their good behaviour, then why such leniency was being granted to Dutt alone.
The Scheduled Caste and Scheduled Tribe Act, 1989, also known as POA (Prevention of Atrocities Act) or simply; Atrocities Act, is an enactment of the Parliament of India in order to prevent transgression against members of the Scheduled Caste and Scheduled Tribe. It extends to whole of India except for the state of Jammu and Kashmir. The intent of the Act is to deliver justice to these communities through proactive efforts, thereby enabling them to live dignified lives. The practice of Untouchability is made a cognizable and non-compoundable offence and stringent punishment is set for the same.
In his address to the students, Adv. Satpute drew attention to the fact that misuse of law happens in case of every law. He pointed out that most of the Government Lawyers (Sarkari Vakeel) work solely for money and the best interest of the client is not their calling.
He mentioned acts which account to atrocities under the Act. Few of such such spoken of by him were- forcing a member of the SC/ST to work against his will, compelling him to beg, wrongfully occupying his residence, and so on. He explained the provisions of the Act in detail.
As a kind gesture, Adv. Satpute shared his contact details with the students; allowing them to approach him for any help needed.
Like any Institution that builds the society and requires laws for its maintenance, the Institution of Family is no exception.
On the second day of our training program, we had Adv. Sajan Oommen to conduct a session on the topic of Family Laws.
With over 30 years of rich professional experience in Family and related laws of India and Canada, Adv. Sajan handles complicated legal issues proficiently. He also serves as a trained Mediator. He even worked as a part time Professor in Siddharth College of Law from 1989 until 1998.
Adv. Sajan has been President of the Family Court Bar Association of Mumbai from 2010-14 and 2016-until date. Seventy couples, who were on the verge of a breaking relationship, went home happily together, under his Presidency at the Family Court Bar Association in 2013.
In his fun-filled session with Paralegal Volunteers, Adv. Sajan pointed out that the aim of all Family Courts is to preserve the institution of Marriage. He further clarified his point by stating that if a person files a petition for Divorce on grounds of being deserted by their spouse, the Court would first ask the complainant as to what efforts he/she has made to get his/her spouse back to matrimonial life. Thus, highlighting the fact that Family Courts Act is not merely for dissolution of marriage but for a solution to matrimonial disputes.
The various Acts enacted under Family Laws such as the Special Marriage Act 1954, Hindu Marriage Act 1955, etc were discussed. The concept of ‘Judicial Separation’ was explained.