Loose Consortium Presents

Please do check out the blogs of Ramana sir, Conrad, Grannymar, Magpie11, Marianna, Maria, Gaelikaa, Helen and Judyfor their takes on the topic.

I realised today that even before becoming a lawyer, there are quite a few people out there who are unwilling to cut me some slack. Oh well, I am privileged to get that experience even before I become a lawyer ;)

While I apologise for the delay in posting having initiated the topic, it may perhaps be worthwhile for those unwilling or unable to understand that internet access is a little problematic here negating the cause of regular. I trust that this aspect is made sufficiently clear in case someone wants to accuse me of conveying my messages in between the lines. So please read the lines first, properly so might I add before reading in between them.

None the less it is overwhelming to note the existence of an active reader population who express dismay in the absence of my weekly blog post. Unclear as I maybe in my posts, the love and concern of some of the readers is seriously overwhelming!

Lawyers

Love em, hate em, but you can’t live without them! A sad reality a lot of us have to make peace with. I am greatful though. I am at the capital of the country, also considered a hot bed for the changing dynamics of the law in this nation. What brings me here is my interest in civil rights enforcement. This is the city where the country saw for the first time, the decriminalisation of homosexuality on the grounds of the same violating Article 14, 15 and 21. In order to better understand the foundation of facts behind this change in law, I sought for and obtained an internship with the petitioners behind the case. Side effects being lovely work, possible Delhi Belly, smog, increased absence of public hygiene and most importantly irregular internet access.

Having done a significant amount of research on this path breaking judgement in Indian jurisprudence, it renewed fresh faith in the ability of our judges to apply the law where necessary and provide reliefs where warranted. It amazed me as to just how diplomatic the law in principle is. Look deep enough and one is sure to find something that he/she needs to lead a good life. The courts simply determine who deserves these fruits and who doesn't while the lawyer serves to assist the court in fulfilling this duty. In fulfilling this humbles of humble duties within the judiciary, the lawyer contributes significantly to policy making. Just a illustration as to the enormous power and role of the judiciary as a whole. I strongly suggest people read that order of the Delhi High Court available on the Lawyer's collective website.

For me, being a lawyer is all about learning. Through the course of the three years in this field, I have studied sociology, political science, economics, jurisprudence and so many more interesting aspects surrounding the law and for the first time in all my life, I feel a little less ignorant than normal. It keeps me in constant touch with the society around me giving me an opportunity to be up to date on all that’s happening around me and the problems surrounding the world I am a part of. Being a fan of comic books, this is as close as I get to actually help or protect people without being judgmental or having to reflect upon the choice behind those I help.

My earliest memmory of the law was seeing my father. Having made the shift from banking to the law just about the time I was born, I recall seeing a man dedicated to his work, committed to his client's case and willing to work as hard as it took without compromising on ethics. As a child, the lack of family time he gave as a consequence of this instigated disappointment; but having tasted a piece of the profession I can completely understand now. Twenty or so years into his practise, he managed to touch various fields of law achieving the reputation of being one of the more distinguished lawyers in Bangalore. His unwillingness to specialise in any particular field gave him a distinctive advantage at learning and from pro bono work to tax; his interest and enthusiasm was and continues to be contagious.

My dad's office being at home, I got to meet several interesting people especially in the course of his pro bono practise. One particular gentleman, lets call him RS had dedicated his spare time to fighting the cause of human rights and consumer protection. A lecturer at a medical school, his hold over matters in society and his wit in identifying the resources to further his cause was a lesson in how wit and shrewdness, if applied correctly serves to assist a great deal of needy people.

The road ahead

Stuck on an island with Hitler, Mussolini and a lawyer with a gun and two bullets, what is the best way to get rid of the competition?

Shoot the lawyer twice

Whats the difference between a lawyer and a bucket full of shit?

The difference is the bucket

Lawyer jokes are an affirmation of the dastardly lot that we are. Notwithstanding some of the good work we do, we earn ire either from the good side or the bad side. But we are a breed, the need for whom ought to eventually disappear. It is only in the presence of conflict or the opportunity for it which creates the motivation behind our existence. This can be equated to the unfortunate reality of disease and death necessitating the existence of doctors. So for all those who hate us out there, the solution is simple, stop being human. Achieve a balance between one’s needs and available resources through a coordinated effort of making use of and exploiting resources with fellow members and perhaps we will see the light of the day when I can be effectively stopped from ranting all the time. That ought to be motivation enough for some people right? ;)

Delhi Diaries-Day 3

10.11.2009

Things seem a whole lot better in three days. Yesterday was a disaster, got home late, left home late, reached office late and in the process I got ripped off by two cycle rickshaw fellows and one auto rickshaw dude. On the way back, I walked the two to three kilometres distance, the distance being aggravated thanks to getting lost again. Delhi as a city has a concrete charm, but no charm otherwise. Perhaps the winter, perhaps the fog or perhaps the smog, the city has a very dry feel to it. I miss the greenery of Bangalore and the tranquillity of all that was routine there.

Over all though the project coordinators as well as the other members of the foundation are extremely nice, courteous and always willing to teach. My first day at the care home yesterday was quite uneventful. The members being busy with a conference, I spent the better part of the morning chatting with the kitchen staff who politely refused my offer to pitch in for the cooking. I spent the afternoon acquainting myself with my new friend, a resident of the care home, a rather sweet kid. During the next few hours I spent my time with the kids. Finally one of the program coordinators, offered to get me involved with some work which makes me very happy.

I finally have some work now. So I will get back to it now, good day everyone!

Loose Consortium Presents...Heaven

Please do check out the blogs of Ramana sir, Conrad, Grannymar, Magpie11, Marianna, Maria,

Gaelikaa, Helen and Judyfor their takes on the topic.

Heaven

Heaven as per the Modern Concise Dictionary by Cuckoo Ashok, it is defined as an enclosure on the 1^st floor of a modest middle class family consisting of a table, a bed and coloured in the colour of the Ocean, Blue.

For the more sane ones, I am referring to my room. This house in general is heaven for me. I have seen the good and bad times in this house and feel an enormous positive energy at work. There were the fights, there were the silent treatments, but there was also the love, the support, the honesty and growth.

I am not a big believer in the concept of a heaven and hell in the after life. I am one of those people termed by the conservatives, as rational and patronizingly so, who believe that we degenerate into carbon elements post death and there is nothing more to it. But I do believe in a heaven during life. Basavanna, a famous kannada poet in one of his poems describes the pursuit of work as heaven. I agree.

Another one of his poems says that if one were to say the truth and live a life of goodness, heaven is right on this planet. However where one chooses to lie and deceive, this planet can house hell itself. Simple, yet, perhaps not completely unfounded.

Should I assume there to be a heaven and a hell concept in the after life, well the karma theory once again comes into the picture. Checks and Balances is a concept I completely believe in. I do not pray for forgiveness, but seek punishment for my sins and crimes. My soul is comforted when I can associate all the setbacks in life to acts or omissions of mine less than right. While not per se equitable, I feel I am compensating the cosmos for the imbalance I might have brought about with those sins and crimes.

Plus as the joke from the sitcom “Reaper” goes, “Hell? Well we have a lot of lawyers there.” Read this with Paul Newman’s line from “Road to Perdition” which goes, “None of us are going to see heaven.”, I guess I have pretty much made that appointment with Lucifer Uncle for a cup of coffee assuming he exists. Perhaps not in the ends, but in the means I shall most certainly satisfy the pre conditions, as laid, in several scriptures to go to this alleged hell, when I start my law practise and that is a prospect I am entirely at peace with. I guess what comforts me is the fact that I simply don’t believe in a hell post death.

Heaven and hell as concepts neither motivate me nor discourage me. I believe in the Bhagvath Gita when it tells me to put my efforts without intending any return and salvation shall be mine. Expectations are something I consciously try to avoid and as such heaven for a bad deed or hell for a good deed wouldn’t surprise me nor make me feel good or bad. I guess to summarise my views, we are thrown into this planet, lets try be good to ourselves and others while at it and once the time comes lets just take a nice, smooth and painless transition into the journey to become carbon again. Good day!

Comfortably Away

What have the underprivileged come to signify to the privileged? Awfully good question. Charities across the world appeal to the people with fat wallets to contribute to causes in Africa, India and in general for causes in the "Third World". We have come to think of ourselves as agents of change in the process of contributing to these charities and to a good lot of us, this earns us a right to heaven.

There is nothing more dangerous than a foolish sense of misplaced idealism which suggests to a person that one person can bring about a change overnight. Policy making is not half as easy at perhaps once was during the stone ages given the intricate intertwining of politics, business, diplomacy and social needs. The world has stopped dealing in absolutes and I cannot help but wonder what forces are at work behind every statement, every action and every inaction of people out there. Perhaps this is a question that may never be answered. I guess the conclusion to draw is that being opinionated over matters on which we have knowledge in principle and not in practise would be the pinnacle of ingorance and foolishness.

I was recently a part of a legal aid camp on a project sanctioned by the District Legal Services Authority to examine if the BPL cards (Below Poverty Line Cards) scheme of the government has reached the true beneficiaries or not. The result of our door to door survey gave a dark picture of an India where beaurocracy vitiates the good intentions of the legislature to help the poorer sections of society. To summarise the survey, the people who were in desperate need of these BPL cards for the purpose of obtaining vital rations at subsidized prices were not allotted these cards in most cases.

Their applications for these BPL cards were pending and their ignorance of the rules became their undoing when it came to following up with the application. On the other hand well to do members of the beaurocracy as well as society had obtained multiple BPL cards and in some cases the survey subjects even alleged that using these BPL cards, a fortune was being made by selling subsidized rations in black market after purchasing them. The survey itself was a challenge for questions had to be broken down to the most elementary level and at some point there was need of assistance to help the survey subjects formulate the correct answer. So the question for us in the legal circles is, the law pertaining to these BPL cards is quite noble in its nature, but will the study of the principle alone give us the true picture?

Having recently pursued and gotten a volunteering program, luckily so, come my way in New Delhi, a lot of people I know expressed surprise when I told them that this was not a conventional legal internship. In fact it was a conscious decision to stay away from law firms for the simple fact that the three years of work experience in that regard has served me well enough. This internship is more about facts and the law always follows the facts.

In a society that struggles to retain traces of conservatism during a time when there is a de facto pressure to liberalise our own mindsets, the anti discrimination laws in the country fail to recognise this transitional phase. For the policy makers discrimination has become synonymous with caste necessiating special legislations. However discriminations of other nature are never taken so seriously. Social stigma and discrimination as seen in the judgements of our courts will still not give the true picture of the way these forces play in the day to day life of the ordinary Indian. When it comes to HIV/AIDS affected people, this is all the more true. 20 days is too short, but the best I could gather. However in these 20 days the purpose is to stop being comfortably away from the true picture that exists beyond the economic growth and the corporate offices. I believe this might serve to assist me better in my career in the field of law more than all my work experience put together.

Loose Consortium Presents...

Late edition from Ashok, the only late comer of the Loose Consortium. My apologies for posting on this topic late and you will be happy to know that my excuse is only one word long, but a dreadful word none the less, EXAM! Without further adue here it is. Please do check out the blogs of Ramana sir, Conrad, Grannymar, Magpie11, Marianna, Maria, Gaelikaa, Helen and Judy for their takes on the topic.

Weather & Emotions
Laziness is synonymous with winter, lack of patience and tiny little sparks ingniting the fuel of anger characterise the summers and so on. In a poetic sense, the rains could be considered either as a representation of nature’s fury or sorrow. Or perhaps is it the collective gloom of an aggrieved population? I recollect the pretty lead actress from Men in Black II in this regard. Her character basically instigates rain when she feels down and sunshine when she is happy. If only the weather were in our control right?

To be honest, I have my reservations against emotions. I believe they cloud the ability to make good judgement, help us make ungreatful friends and quite often enemies who do not deserved to be called so. When we as lawyers take a case, we pretty much assume the troubles, the case of the client as our own. What ought to make us different from the client himself is our sense of objectivity. This element of coldness is the value addition which we bring to the table. This is the reason why I say that lawyers are a breed which society rightfully despises but one it needs.

Weather does impact our emotions as I suggested in an earlier paragraph. While it maybe argued that bringing an element of control over the emotions would serve to deny us the intensity that comes with the spontaneity, I personally feel it is a necessary sacrifice for the greater good. Over the years greater control over my anger to the point of flowing calmness has helped me salvage relationships and think straight. Laziness would often and to some extent still does get the better of me, but exercising some degree of control over it helps a great deal.

I think the aspect of controlling one’s emotions comes to great aid during adolescence when our brain creates a myriad of signals which constantly affect the way we think and feel. Being conscious of the own internal chaos and not letting go of the sense of rationale makes the difference between a good choice and a bad one. But then how far can this be stretched once this chaotic period of life passes?

Objectivity is good, but boring. Subjectivity is exciting but dangerous. Too much of the former spells disaster for one’s personal life and too much of the latter poses too great a risk for one’s personal as well as professional life. The answer thus is not in the split personality, but in the integration of these two roads. I would personally rate objectivity as the superior master who determines when it is time subjectivity takes over and to what extent. After all what makes the stalker what he is, is his intense craving to give in to his emotions not reburted by the voice which would have told him, he is wrong. I have tried to implement this policy through out the more thoughtful years of my life with some minute levels of success in recent years.

In the effort to preserve rationale, what is to be remembered is that emotions are not useless. They can be excellent motivators. I always cite the example of Batman and Joker in this regard. Batman is a favourite superhero of mine because his efforts and feats emanate from a sheer will. The will is his way to channel the childhood tragedy of losing his parents. Perhaps without that unfortunate incident, Bruce Wayne would have been Bruce Wayne and hardly the man who saves Gotham. Joker on the other hand while speculated to come from a similar background, in the absence of good sense, channelizes a possible tragedy into an excuse to seek revenge against the world in general.

It is important to allow ourselves to feel, but in feeling we shouldn’t reach the end itself. Where the feeling ends, thoughts should begin and those thoughts should lead us to action. Without the emotions there are no thoughts and without those thoughts actions would be pointless and often negative in consequences. So ultimately emotions are a strength in the presence of team work between the objectivity and the subjectivity, but otherwise they could take you places best avoided.

Of being 20, granting of liberties and explainations

Friends are a luxury. In my case this luxury is in plenty. I have expressly or impliedly granted these friends certain liberties and I am thankful. Sensibility tells my ego to take a hike in the presence of attempts to educate me about life. Maturity dictates that I appreciate the intent behind the words spoken. This post is the final step in doing the right thing and close the episode. I do wish to stress on the point that I completely appreciate that it is natural for people of an elder age to feel protective of the younger ones and behave accordingly.

Having said that, I felt it necessary to clarify certain views of mine in the interest of putting anxious minds at rest. Why am I taking the trouble? Well because the anxious minds that instigated this post are close to me and I feel I owe a duty to explain to them. Shallow and absurd as it is, I am making a point. The point is that I think things through. Right or wrong, I am not impulsive. Last but not the least, as Philip goes, I will follow my inclinations with due regard to the policeman around the corner.

Dating- Ah, one of the most turbulent points of introspection for me in the past couple of years. I always thought that I wasn't ready and it wasn't time. More often than not, at that precise point of a girl of agreeable qualities came across in my life, my mind would tell me to not get distracted and let it be. All for good though, for those omissions saved me from plenty of awkward moments.

The question thus is when is the right time? I guess for me, there is no definition of the right time. You simply know its the right time, when the person you think right comes along. However from a more objective point of view, a recent article in Reader's Digest suggested that the adolescent mind is incapable of understanding the consequences of actions and hence it is the time when the youth is like to do things which constitute "screwing up" in the dictionaries of those individuals who love to say "I told you so!" (Oh yes! Save for the genuine loved ones of the kids who screwed up, the other "well wishers" consciously or sub consciously love to see the kid going wayward.).

I guess thus that it would be wise to wait till one finishes adolescence and is able to think things through with a sound head and a rational mind. Be self critical, keep your eyes and ears open and you will know when that sound head and rational mind has arrived.

Pre marital sex- For all those people who have seen me since I was "this little", don't be shocked, I can talk about sex too! Science says that men think about sex every 20 seconds. Yes we are a damned kind who can only worry about furthering our species all the time. In lieu of the more optimistic view which we all like, we are a damned species whose super ego keeps away the need for perpetual fornication.

Some might argue that whether the case is the former or the latter, we are still damned. I have an enormous super ego which tells me that pre marital sex will not work for me as a concept or as an act. Hinduism doesn't forbid me. With due respect to Christianity and all religion based abstinence preaching philosophies, I have my own doubts about how effective this is in preventing unsafe sexual activity amongst the younger generation.

So the question is why am I am against it? I have for a very long time now quoted that term, "Actions have consequences" over and over again. Sex has consequences too. Be it for procreative purposes or recreative purposes, the dynamics between two people who engage in sexual activity will never be the same post sexual activity. I am not just referring to the possibility of STDs or unplanned pregnancies but also the changes in the emotional bridge between two people. Whether it is tangible negative consequences of STDs and unplanned pregnancies or the changes in emotional bridge, things will not be the same. If one is willing to warm upto these changes in status quo and still carry on life as if everything is fine, great! Otherwise, the sensible thing to do would be to wait it out.

At 20, I don't feel I am ready to face such consequences. I guess when it comes down to it, that environment of security and comfort is necessary for me. Living in the society I have in all these years, marriage is synonymous with this sense of security and comfort. I don't see the need to fight this view nor challenge its merits, given my own "Actions have consequences" theory. This is precisely the reason why I don't believe in the concept of premarital sex. However as a matter of general disclaimer, forget judging people who believe and follow a lifestyle of sex outside marriage, negatively- I don't judge them at all. I suppose what works for me won't work for them and being the libertarian I am, I believe in live and let live.

Live in relationships?
When my friends heard that I believed in live in relationships but not in premarital sex, they laughed on my face. Sounds absurd I am certain. What the heck, I am an absurd person- so sue me :P

As a person active in the practical side of law, I see marital disputes of all kinds. The failures of arranged marriages doesn't shock me, but contrary to popular belief even "love marriages" have tremendous potential to fail. The period of dating preceding the marriage involves dinners, movies, drives, etc. But how far is that helpful in understanding if it is possible to live with the other person without killing each other? Simple answer is you don't, even if you live together.

However it is my firm conviction that when a couple lives together, they fully realise the ways of the other person. Now if the relationship is strong enough, each will be willing to look beyond the little infirmities in lifestyle as the relationship will pass the test of trivial irritations and go beyond. If the foundation is not strong enough, the relationship will not go beyond. However unlike a marriage, the mess of divorce can be avoided. Loving another person has two inherent elements,

1. The need to reveal the good and bad about oneself.

2. Respecting the other person's decision, notwithstanding its end effects, after having revealed the good and bad about onself.

I guess somewhere I believe that, to satisfy these two elements of love, a live in relationship is vital before marriage. Of course, a good part of this depends on how the lady in the future is as a person. If she is not comfortable with such an arrangement, I guess I will adapt accordingly.

Now comes the million dollar question! What will society say? I am blessed with supportive parents who will learn to say, "Look Ashok is an adult, if he is doing something, catch hold of him. We are no longer the masters of his life". That is all I ask. As a vociferous supporter of the fundamental right to privacy, I say that who I live with is a question which falls within this right and I am not answerable to anyone. Should someone take the unfortunate measure of casting unscrupulous remarks against the lady in my life at that point of time, well I would just say that I am very well versed with defamation laws.

I mean who is the flawed one here? Is it the guy who is generally good but simply sees relationships in a different light or is it the person who doesn't care about the general goodness of the guy but wants to focus on his personal life with which he has no nexus? The answer to that question ought to accurately capture my own attitude about what society has to say if and when I decide to move in with a girlfriend or fiance in the future.

On a concluding note, awkward moments have ensued when I have been told keep my youthful "energy" in check. My paranoid mind is often aggravated when people caution me of the effects of gossip resulting from something as simple as travelling with a member of the opposite sex, even if purely in the interest of taking a vacation to see a new place. True as they maybe, the presence of these possibilities doesn't make such attitude amongst people right. To some extent I am still a fighter in the rebellious sense of the word and when something seems right, I will stand my ground notwithstanding the reaction it might invoke. Change is the essence of society and in a good way or bad, I am its catalyst in my own way.

Loose Consortium Presents

Another edition from the Loose Consortium and my god, it feels good to be back! Please do check out the blogs of Conrad, Grannymar, Magpie11, Marianna, Maria, Gaelikaa, Helen and Judy for their takes on the topic.

Heroes

Courage is not the mere absence of fear, it is about doing what is right in the presence of it. This is a quote I recall from some movie I had watched, but I believe that the concept of courage is most accurately captured in that one beautiful line.

One recent incident worth recalling is this lady in the state of Jammu & Kashmir. Her house was taken over by terrorists from one of the many cross border terror groups operating in the region. A common housewife, she grabbed an axe and attacked her perpetrators dealing a fatal blow to one of the terrorists. Her family regained control and seized the terrorist’s weapon resulting in the fleeing of the surviving terrorist. What terrorists don’t realise is that when one embraces the most basic human instincts to inspire fear, they invoke similar feelings amongst ordinary civilised people. The question is will they be able to withstand the onslaught of the righteous sword?

As a person who is still trying to understand the level of his commitment to the cause of justice and equity, it is easy for me to get inspired once in a while. Be it characters from fiction like V who brought the end of a corrupt empire in the movie V for Vendetta or that of Amir’s father in “The Kite Runner” as he stands upto a Russian soldier who makes an indecent proposal to the Afghan’s wife. There are of course the real life heroes like John Doer. This post is a dedication to the lawyer he was.

My curiosity with him began with watching this wonderful movie called “Mississippi Burning”. Besides the brilliant acting of Gene Hackman, the story made me curious and I went on the internet and searched up on the actual Mississippi Burning murders of three civil rights activists. The state of Mississippi being unwilling to prosecute the accused for murder, charges of violation of civil rights resulted in federal prosecution and conviction. The man behind the efforts of the state department was none other than John Doer.

In his career as a member of the state department, he would often undertake dangerous tours through the wild wild south collecting data on voter turnouts amongst African Americans. But the incident that really caught my attention involved one determined African American James Meredith and how far the American government went to help him. James Meredith basically decided to enrol into Ole Miss for his college education. In the presence of considerable opposition, his wish was granted. However not wanting to risk the possibility of riots and his potential death, the then American administration sent the National Guard to guard just one man just so that he could pursue his education.

The presence of the National Guard represented not just the will of the state but the grave threat that existed to James Meredith and his supporters. John Doer in a display of enormous courage actually shared his room with Mr. Meredith when tensions were at their worst. Putting one's life at risk so that the cause of justice could be served is the pinnacle of good advocacy and for this act, he ought to be made an example for lawyers everywhere.

Courage follows from a sense of being in the right. Both are inalienable from each other. This is the essence of the fight against terror. The common man has to be the hero for he is in the right and he has to invoke his sense of courage in this regard. What we require are not just soldiers willing to battle it out with the terrorists, but ordinary men and women who can become the face of resilience and grit. Let us embrace our roles and approach this fight with a new found sense of involvement and rigour.