July 2001 |
Monsoon issue vol. 3 no. 2 |
NEWS Law Update ''Law Update'' reports activity undertaken by NALSAR during the semester under the LAW UPDATE programme. LAW UPDATE organizes programmes for all categories of people like lawyers, judges, N.G.O.'s, social workers, journalists and other sections of the society which have a direct interface with the law. LAW UPDATE is also an endeavour to update the knowledge of law for all such sections of people. Our objective is to organize short term courses and also to offer P.G. Diploma courses in areas such as legal information, I.P.R. Media and the Law, Cyber Law, Transport Law, Maritime Law etc., on the city campus at 3-4-761, Barkatpura. Law Update is also an attempt to disseminate legal awareness about various laws operating in the country and also to train the students of law studying at NALSAR in organizing such programmes. This will, as they come out of the law school, equip them to concentrate particularly on unmet social needs - because for NALSAR University of Law Hyderabad, Justice and Legal Education are two sides of the same coin.
NALSAR Pro announced P.G. DIPLOMAS in PATENTS LAW, MEDIA LAW, and CYBER LAWS
Towards achieving the law update objectives, the Department of Proximate Education (NALSAR Pro) offers Post Graduate Diploma Courses at various centers all over India. NALSAR Pro imparts professional Legal education through its Proximate Education Programme using web technology and contact programmes at various centers. Enrolled candidates can submit the projects on line, take their examination at centers and will be backed by regular updates of course materials through printed material, CDs and web updates. Contact programmes will be held at the identified centers by Professors of NALSAR University of Law and National and International visiting Professors.
''NALSAR Proximate Education,'' as Prof. Ranbir Singh Director NALSAR points out, ''is a mission to reach out various stakeholders and to offer them courses which are the need of the hour and the key to the future professional requirements. The courses on Patents, Media and Cyber Laws are part of the first phase of NALSAR Pro.
'Proximate Education' combines the face to face contact mode of imparting education along with that of Web based learning and interaction. The concept also aims to bring courses to some identified centers. This will facilitate working people to reap full benefit of the courses through contact seminars, examination and Digital Video conferences in places they live or at the nearest center. Through the dedicated website, students of the 'Proximate Education' now will have an opportunity to interact with others of similar interest in far flung places and also to interact with, seek clarification and get feedback from the University Professors.
The modules of the courses have been prepared by the subject experts and care has been taken to present them in a language that can sustain the interest of the non-law professionals and enhance their interest. NALSAR Pro has enlisted the support of subject experts in various centers to handle classes at the contact seminars. In essence - candidates of NALSAR will receive an education equivalent to that of those who are enrolled for full-time.
The Co-ordinator on NALSAR Pro Mr. V.C. Vivekanandan, the Co-ordinator of NALSAR pro points out that the concept of 'Proximate Education' is not just a sematic exercise but a concept that has been developed on the past experience of education offered as 'correspondence' and 'distance education'. ''With the rapid growth of technology and its application to interact and inform, proximate education' is a concept which is contemporary in its construct and operation''.
Governor releases NALSAR - UNICEF State of A.P. Report on Status of Child Dr. C Rangarajan, Governor of Andhra Pradesh and Tamil Nadu released the second report on the Status of Child in Andhra Pradesh on 26 July 2001 prepared by the NALSAR University. The report was prepared under the auspices of the UNICEF and the A.P. State Government through intensive and exhaustive research and regional and sectoral consultations with the concerned. He expressed satisfaction over the development of Child Rights programmes in the country in general and in Andhra Pradesh in particular. He expressed happiness over the fact that ''an independent institution like NALSAR has been asked to prepare the report on the progress in the implementation of the Convention on the Rights of the Child by the Government of Andhra Pradesh''. Further he pointed out that in keeping with the Convention on the Rights of the Child, the Central Government as well as the State Governments have passed a number of laws to ensure that children are not exploited. Legislation is the first step. It has to be followed by effective implementation. On the positive side, we need to ensure that the basic requirements of the children are met. In many cases, it is not the absence of the resources which is coming in the way of development. More often, it is non-utilisation and misutilisation of resources which is the cause. The Governor also highlighted the need for the public to share the responsibility with the Government in bringing about substantial improvement in the status of the children. He emphasized the need to adopt a four pronged approach of enacting appropriate legislation, effective implementation of the legislation, efficient utilization of resources allocated for development besides increasing the resources and the active participation of the civil society. The Governor complimented the NALSAR Faculty and students for taking up research on legal problems.
Mr. Justice Satya Brata Sinha, the Chief Justice of A.P. and President of NALSAR in his address expressed hope that the report would furnish adequate and sufficient source material for policy makers, besides enabling the preparation of the Country Report in accordance with Article 44 of the CRC. He also announced the setting up of the Child Rights Legal Aid Clinic in the near future by NALSAR.
Maria Calvis the UNICEF Country Representative while commenting on the progress that has so far been achieved, also highlighted the necessity to strengthen the process and spirit of collaboration adopted in the preparation of the report. ''The existing partnership has to be transformed into an active alliance for children - that ensures tangible action for them,'' she added highlighting the recommendation in the report for including children's representatives while mapping out action plan for children.
What they say about Child Rights ''Please do not kill the girl child by dropping a paddy seed into the throat immediately after birth''. This was the fervent plea from the 14 year old Shabana at Justice City NALSAR Campus where the Convention for Rights of Child Andhra Pradesh State Report was released on July 26 2001. ''Why do they under estimate girl children? Why are they kept at home? Fearing the high amount of dowry to be given, parents kill the child, or the in-laws kill her for dowry. Why this discrimination?'' Shabana from YIP an NGO, questioned . . .
''If father beats the child, where does he go? If the teacher also beats him up in school what happens? He has to go out of house or school and become either a street child or child labour''. This is 12 year old Jabbar's analysis of child rights. The boy was rescued from his employer and shifted to school in Guntur by SEEDS, an NGO. ''Students are more in number while the teacher strength is insufficient. It is difficult to reach the schools and hostels from villages. These are the circumstances that create child labour'' explained Jabbar to the audience that included the Governor, the Chief Justice and the Unicef Country Representative. The thirteen year old Narasappa from Mahabubnagar asked. ''When a son of Jogini goes to school, they ask the name of the father. What can he say? Children of Joginis and Matammas who are forced to live without marriage should not be harassed. If teachers also discourage them with corporal punishment, they will definitely escape from school and search for work at a tender age'', he said.
Students of NALSAR who worked during their placements with NGOs like M.V. Foundation and Divya Disha in Hyderabad, the Indian Institute of Cerebral Palsy, Calcutta, FORCES in Delhi and Child Line in Cochin working for child rights presented the problems they identified during their placements. The students pointed out in their presentation that they noticed gender inequality, child labour, growing minority demands, and problems of the mentally and physically challenged children. They felt that there should be a link between various allied systems and the NGOs working with child rights. Right to participation should be given due weight. They also noticed that inadequate transport, medical and educational facilities and corporal punishments in schools discourage the child from pursuing education. They stressed the need for human rights education in schools to check corporal punishment. They also observed that increasing academic pressures on students resulted in increase in suicide rate among teenagers. The physically and the mentally challenged group, it was observed were a doubly disadvantaged group that deserved special care and attention from the State. They were shocked when certain villagers justified female foeticide saying ''providing for the girl child is watering a neighbour's plaint''. They pleaded for pro-child adoption law and strict prohibition of child marriages. They also brought to attention the harsh treatment meted out to juvenile institution boarders, leading juveniles to abscond. They said that a mere law could not on its own usher social change, but stressed the need for child sensitive legal norms. They unanimously felt that of all the rights of the CRC, the most important was the right to participation - in other words ''nothing for children without them''.
Beating the Backlog NALSAR was certainly missing Justice U.C. Banerjee its Founder President on the 1st of July at the commencement of the academic session for its fourth batch of students. However, he generously compensated for his absence during his visit to NALSAR on 21st July 2001 for he brought along with him Dr. Abhishek Manu Singhvi (whose on of the many credentials was his service as the youngest Solicitor General of India) to address the students. To top it all, when it also became an occasion for Mr. Justice Satya Brata Sinha the Chief Justice of A.P. and President of NALSAR to address the students, it added to the excitement.
The main problem faced by the judiciary today in India, remarked Justice Sinha while addressing the students, was the backlog of cases. He pointed out that this was not the problem of India alone. Many countries were faced with a similar situation. He said that an extensive research should be done to give an honest judgement within reasonable time. However considering the present pace at which the cases get disposed, it would take at least 324 years to clear the backlog in various courts! However, reviewing the situation in the A.P. High Court, he pointed out that the backlog could be cleared within a year or two.
Justice U.C. Banerjee, Judge Supreme Court of India, while addressing the students expressed happiness over the students' overall performance in the light of the letter which Prof. Upendra Baxi sent to Prof. Ranbir Singh, the Director appreciating the interactive spirit shown by students during his stay at NALSAR.
Mr. Singhvi speaking on beating the backlog brought the various aspects of the problem in perspective and suggested remedial measures. He pointed out that despite such a huge backlog of cases, it was surprising to know that only one third of the total vacancies for the post of Judges in the high courts had been filled up. He pointed out that the main causes for the delay in delivering justice were problems in inter-court management, unreasonable delay, and limited reliance on Alternative Dispute Resolution methods.
He suggested that the only way to overcome the problem was to make the court accountable for the undue delay which otherwise could have been avoided. What was most impressive and heartening about his address was not the statistical data that he doled out but the clear cut and practical solutions he suggested based on research, common sense and firm awareness of indigenous ethos even while suggesting adoption of technology based dispute resolution methods. Invoking the Supreme Court success story, he pointed out that the success of the Supreme Court was not because of any drastic change in its implementation of law but due to complete change brought about in the administration. The culture of the court giving ''adjournment'' was rarely seen. Cases were decided at the first instance and no delay was entertained on the basis of simple excuses. Mr. Singhvi also emphasized the need for developing efficient networking system through computers to integrate the courts all over the country. He pointed out that not adequate money was spent on the judiciary. Only 0.2% was spent for judiciary in India while in foreign countries it was 5%. He said that Judicial officers should be provided with adequate amenities like library, house and transportation as given in the famous Supreme Court Judgement in the All India Judicial Case. He also said that Alternative Dispute Resolution methods, Lok Adalats, etc. should be made effective. He favoured the Fast track adjudication method. He also addressed the students on the Art of Advocacy.
Class on a Sunday ? ''Classes for the fourth batch of NALSAR students will begin on the 1st of July'', announced Prof. Singh, the Director of NALSAR on 30th of June, the Orientation day, ''But tomorrow is a Sunday'', there were whispers. ''1st July on NALSAR calender is the day we begin classes for every new batch. No changes'', Prof. Singh clarified.
The fourth batch, interestingly, comprises students from as thirteen states of the country. Admissions were held on the 28th and 29th of June 2001, followed by Orientation Programme on the 30th for the students. Reassuring speeches by Prof. Ranbir Singh, Director, Prof. V. Ramakrishna, Prof. of History evoked response from the students and their parents at the interactive session.
Prof. Amita Dhanda, Registrar while proposing a vote of thanks also made special mention of the incredible pace at which the Asia Engineering Company, the University's project engineer and his team worked to enable the academic block and the new boys hostel functional from this academic year. ''They treated the University's academic deadlines as their own'', Prof. Dhanda remarked.
Classes began on Sunday at 9.00 a.m. with the Director himself and Dr. Vijender Kumar initiating them into the rudiments of law in the Legal Methods hour in the new 60- seater classroom at the academic block.
''Globalisation replaces Human Rights''-Prof. Baxi Prof. Upendra Baxi, eminent Jurist and Professor of Law at the Warwick University U.K., expressed fears that the trade Market friendly Human Rights Regime was going to replace the regime of Human rights. Delivering G. RamaRao Endowment lecture on ''Globalisation and future of Human Rights'' organized by NALSAR University of Law Hyderabad at the Indo-American Centre for International Studies, Prof. Baxi said that globalisation would begin an era of the end of nation-state in which the agenda of state and judiciary would be protecting the interests of foreign investors only.
Digitalization, biotechnology and Genome code have transformed the world totally giving rise to new categories of mass production which could not be envisaged even by Karl Marx. He predicted that the situation would lead to invisible recolonisation, which could not be fought by the mass movements like the national struggle initiated by Gandhiji.
Prof. Baxi said that globalisation began with the unholy combination of P.V. Narasimha Rao and Manmohan Singh in the early nineties spelling the end of ideology and history, marking the process of recolonisation of world to protect multinational global population. Globalisation demands singular community treatment favouring foreign investors in a country over its own citizens. Prof. Baxi stated that such a most favoured status was accorded to investors in Andhra Pradesh against the backdrop of mass suicides of farmers. ''Citizens have to die for the sake of foreign investors, that is the situation.'' he added. Prof. Baxi also said that the WTO and globalisation signify the end of national states, end of part IV (Directive Principles of State Policy) of the Constitution and the end of interventionist state empowering weaker sections who have been remaining so since 1950. It leads to degovernmentalisation. State and Judiciary will be protecting the rights and interests of the global capitalist at the cost of the local citizen. A special place is accorded for the rights of Global population over and above population of human beings.
Prof Ranbir Singh, Director and Prof Amita Dhanda Registrar addressed the gathering which included several judges of the High Court, Academics, Senior advocates, civil Rights activists, social scientists and media persons. Announcing that this was the first in the series under the G. Rama Rao endowment lecture, they specially thanked Mr. G.B.K. Chowdhary for instituting the endowment lecture in memory of his father Mr. G. Rama Rao who was a well-known lawyer. Mr. G.B.K. Choudhury welcomed the gathering.
Speaking on the occasion, the Chief Justice said that justice delivery institutions in developing countries were confronted with the problem of delay in resolution of disputes, a trend that eroded public trust and confidence in legal bodies. The inadequacy of judge-strength vis-ŕ-vis the population was adding to the woes of judicial institutions. He said the ADR methods could play the role of a tacit reformist. Its popularity in the U.S. grew out of dissatisfaction with the costs and delay of the court system. It was clear that courts and ADR could co-exist in a complementary manner. If the ADR succeeded, then the judiciary, the entire legal community and the consumer of justice would be better off.
It was a heartening moment for the NALSAR family when Sri Nara Chandrababu Naidu, the Hon'ble Chief Minister, announced that the State Government would meet the full cost of Rs. 13 crores for giving a complete shape to the sprawling 50-acre NALSAR campus at Shameerpet and provide Rs. 6 crores in 2001-02. Apart from meeting the University's recurring expenditure till this year, the Government had provided Rs. 4 crores earlier and Rs. 1.50 crores this year for buildings and infrastructure.
He pointed out that the Government having realized the need to keep docket explosion under check, was assisting the legal services authorities to compromise the maximum number of cases.
Hon'ble Mr. Justice Satyabrata Sinha said that development of law must begin from development in legal education. Only those who had good legal education would be good lawyers and consequently good judges.
Mr. H.R. Bharadwaj the former Union Law Minister and Chairman of the ICADR emphasized the need for better legal education in the context of liberalization and disinvestments. The Law Commission felt that each State should have a national law school for modern and efficient legal system.
P.G. Diploma in ADR awarded Successful candidates of the P.G. Diploma Course in Alternative Dispute Resolution (jointly conducted by the ICADR and NALSAR) were awarded their diploma by Justice Dr. A.S. Anand, Chief Justice of India on the 5th of March, 2001. Hon'ble Mr. Justice Satyabrata Sinha, the Chief Justice of the A.P. High Court and Hon'ble Mr. Nara Chandra Babu Naidu, the Chief Minister of Andhra Pradesh graced the occasion.
Elegy to Narasimha The neem tree near the library and the saplings along the approach lanes on campus will certainly mourn Narasimha's passing away. For he tended them with loving care welcoming every new leaf on a sapling with the delight of a fond parent. He succumbed to Jaundice early this year not withstanding medical attendance. Narasimha, a native of Shameerpet would certainly have pointed out his contribution to the beautification of NALSAR had death not laid its icy hands on him so soon. Prof. Ranbir Singh, Director NALSAR, the teaching and non-teaching staff condoled his death and have also provided financial support for his family. Prof. Singh also announced that in his memory, the plantation to the South-East of NALSAR campus would be named 'Narasimha Gardens'.
English for Law NALSAR held classes in English for law for the participants of the Seventh International Training Programme (ITP-7) organized by the CIEFL from January-April 2001 for foreign professionals. The collaboration aimed at helping professionals to use English confidently and competently in social and professional contexts. The English for Law classes were held for : Mr. Djomon Alloba Marcelluni, Ministry of Foreign Affairs, Ivory Coast, Ms. Bakyt Maramovna Akhmezhanova, Deputy Head of State language and Translation Centre, Ministry of Finance, Republic of Kazakhstan, Mr. Iidar Head of Section, Department of International Law and Protocal, Ministry of Justice, Republic of Kazakhstan and Lun Van Phi, Assistant to the chairman of International Relations and Foreign Investment, Vietnam. The instructors also supervised the project work on various legal topics chosen by individual participants. Discussions revolved basically around the law and the language of the law relating to diplomacy, finance, International relations and political systems.
From the visitors book A marvelous beginning, with students comparable to the very best in the world and an enthusiastic faculty. Thank you for the honour of inviting me to six days of hard labour, I enjoyed every moment of it. There is no doubt that you are on your way to building South Asia's premier law school. May you go in strength of resolve, and clarity of conviction, in the years to come
—Prof. Upendra Baxi
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