BRIEF REPORT ON THREE DAY PROFESSIONAL...
Transcript of BRIEF REPORT ON THREE DAY PROFESSIONAL...
BRIEF REPORT
ON
THREE DAY PROFESSIONAL SKILL DEVELOPMENT AND CAREER
ADVANCEMENT WORKSHOP FOR DALIT LAWYERS
Organised By
National Law School India University through Centre for the Study of Social Exclusion and
Inclusive Policy (CSSEIP) in collaboration with ReachLaw
Held on
January 26th 2017 to January 28th 2017
At
Allen & Overy Conference Hall, NLSIU Bangalore
Introduction
A three days training workshop was organized on Skill development and career advancement of
Dalit Lawyers in the State of Karnataka, at Allen & Overy Conference Hall, International
Training Center, National Law School India University(NLSIU) Bangalore. It was an effort
initiated by National Law School through Centre for the Study of Social Exclusion and Inclusive
Policy (CSSEIP) and ReachLaw to meet the need of imparting professional skills to young
Lawyers belonging to deprived and marginalized sections of the society. More particularly
lawyers from Scheduled Caste/Scheduled Tribe Communities.
It was a meaningful collaboration between NLSUI premier Law School in this country and
ReachLaw a Law firm with a difference who have been working on issues of Human Rights and
the Rights of the Communities.
The program was designed towards imparting professional skills for career advancement for
Dalit and Tribal Lawyers. The program was designed towards essential aspects of Law practice,
court craft, research skills, communication skills, presentation skills and nuances of arts and
science of cross examination, drafting, pleading and reading the mind of a Judge.
The best of the Judges, Celebrated lawyers and Academicians were the resource persons for the
program. Finest of the expertise was made available and a curriculum that was open ended with a
focus on participatory learning while adhering to the larger scope of the training was set.
The program was initiated on the 68th Republic Day.
28 young lawyers belonging to SC/ST Communities participated in the training program. The
lawyers were from Mysore, Chamarajnagar, Bangalore Rural, Bangalore Urban, Hassan, Kolar,
Chitradurga, Ballari, Raichur, Bagalkot, Chintamani, Bijapur, Dharwad, Shimoga and Mangalore
districts of Karnataka. Their participation was enthusiastic and interactive.
Inaugural Session
The programme began with welcome address by Prof. Sony Pellissery from CSSEIP,
followed by self introduction of the participants. After
introduction of the participants, the training workshop
was inaugurated by the Hon’ble Vice Chancellor of
NLSUI, Bangalore Dr. R. Venkat Rao, who gave an
excellent start to the workshop by putting forward the
vision of the Constitution and need for empowering
lawyers belonging to most marginalized groups like
Dalits and the necessity of their success in their
profession. His inspiring speech set the mood of the program to higher note.
Prof. Babu Mathew presented the key note address on the necessity of acquisition of
professional skills from the perspective of empowering of marginalized sections and realizing the
vision and dream of Dr. Ambedkar towards building an “Equal Society”.
Mr. B T Venkatesh, Founder & Partner, ReachLaw & Former State Public Prosecutor,
introduced the program, aspects of the program and goals that were set for the program.
1st Session: Construct of a Dalit Lawyer, his Challenges, Law Practice & its Structure and
Essentials for Success in Profession:
The very first session was conducted by Justice Nag Mohan Das, Former Judge of High Court
of Karnataka & Senior Counsel at Supreme Court of India.
An inspiring personality whose decades of service as a
lawyer and a Judge, to the oppressed and marginalised is
known to all.
He introduced to the young lawyers the horizon and scope of
legal practice, its structure and challenges. He spoke at
length about the kind of obstacles and kind of failure a
lawyer faces and more particularly by first generation lawyers belonging to SC/ST. He presented
the entire judicial system and the way it functions from that of the Magistrate Court in the
Mofussil area to Supreme Court.
Justice Nag Mohan Das instilled confidence in the Lawyers that anyone can succeed in the
profession if one has commitment, dedication and determination. He presented his own personal
experience of his journey from being a student with average academic performance hailing from
a rural village with little knowledge of English to being a very successful, respected and
knowledgeable Advocate who was an elevated Judge of the High Court of Karnataka and how
he could deliver number of landmark judgments. He presented aspects that would make a lawyer
from an ordinary legal practitioner to being a respected knowledgeable lawyer and stressed upon
the need of quality in the legal profession and need to maintain integrity. It was an inspiring
communication that enthused the participants.
The session was followed by an excellent presentation by Mr. C.S. Dwarkanath, Former
Chairperson of Backward Classes Commission, a Senior
Journalist, an experienced Advocate and a well-known
public intellectual of Karnataka.
Mr. Dwarkanath gave a larger picture of the Law Practice
and the need for success in the profession for lawyers
belonging to Dalit and Tribal Communities. He presented the hindrance in the system and why
we do not see lawyers from Dalit communities being stuck as practitioners at the lowest rung of
the Judiciary. He examined the reasoned at length for such a situation. Identifying the problem is
first step towards success and how one should be positive in the profession. He presented a
philosophical premise for the necessity of success of lawyers belonging to Dalit and Tribal
Communities.
2nd Session: Structure/ Construct/ Horizon of law and legal practice
The post lunch session was the second session of the day and was addressed by Mr. H Mohan a
practicing Advocate in High Court of Karnataka with decades
of experience and imparting rights based education.
Mr. Mohan presented the nature, scope of legal practice, the
challenges of legal practice, the issue of caste discrimination
faced by Dalit Lawyers and the language and grammar of legal
practice of commercial law, corporate law and criminal law. He
conducted the entire session by employing interactive method and built the whole subject by
posing questions to the students and provoking students to raise questions.
3rd Session: The constitution of India and its aspiration of a State which is based on
equality.
The third and last session of the day was taken by Prof. Babu Mathew who presented
aspirations of the Constitution of India more particularly
relatable to rights of the marginalized communities including
Dalits and Tribals. He explained how socio- economic and
political changes have taken place across the globe and the
status of the oppressed communities and the need for assertion
of their rights. He presented the catalytic role that lawyers
Dalit and tribal communities can play for the protection of Constitution of India whose ideals are
suffering on the onslaught of neo-colonialism, Neo- Liberalism and Washington consensus
leading to New Constitutionalism.
It was scholarly presentation, educative Informative and thought provoking. Most of the students
opined that it was for the first time they learnt about the enormity of the issues and challenges
and felt that they were exposed to new thinking.
As an exercise the students were divided into 5 groups and given a task of group presentations on
the challenges to the Constitution and the rights of the people, more particularly of the rights of
Dalits and Tribals.
SECOND DAY:-
The Day 2 commenced much earlier to the
scheduled time due to the enthusiasm of the
students. Each of the groups grabbed the
opportunities made their presentation and each
presentation lead to interesting deliberation among
them. The presentations took good one and half
hour.
1st Session: Laws that provide protection of rights.
The first session of the day was presented by Mr. J D Kashinath, Advocate High Court
Karnataka who is a well known activist and a successful legal
practitioner. He is known for his commitment for litigating for
the rights of the Dalit in the State of Karnataka.
Mr. J.D. Kashinath focused on land rights of Dalits. He
presented various enactments that have benefited Dalits and
Tribals in State of Karnataka. Karnataka land grant rules, Village
Officers Abolition Act, Inam Abolition Act and prohibition of transfer of certain land Act. He
presented aspects of these laws and how the Dalits have failed in protection of their own rights
due to illiteracy and misinformation. He also presented the reasons for the cavalier attitude of
bureaucrats who are entrusted with responsibility of protection of rights. He presented need for a
serious study by Dalit and Tribal lawyers that they can specialize on the subject to ensure
protection of land rights of their own communities.
Mr. B T Venkatesh Former State Public Prosecutor and Advocate known for protection of
Human Rights of marginalized communities introduced
Prevention of Atrocities Act and the recent changes that were
brought into the said act. He presented the history of laws
relating to Abolition of untouchability and removal of caste
discrimination that dogs India. He culled out the debates of the
Constituent Assembly and insertion of Article 17 in Part III of
the Constitution that abolished untouchability and directed the
state to make law making it a punishable offence. He presented the history of law against
practice of untouchability and caste discrimination. From Untouchability (Offences) Act, 1955 to
Civil Rights Acts and to SC/ST Prevention of Atrocities Act 1989. He described about the law
and the reason why ban of untouchability is not being successfully implemented and the failure
of the state in execution of the laws. Despite the stringency of offences, why the state has failed
to effectively prosecute and the systematic failure in protection of Rights of Dalit and Tribals and
abysmally low rate of prosecution and conviction.
He stated as to how the Dalit lawyer can play an important role in assisting confidence to the
victims and demanding protection and compensation to the victims and how to make a mark in
the profession. He also narrated the advantages of right based litigation from his own experience.
2ns Session: Criminal Law Practice
After a quick lunch the students were introduced to Mr.C H Hanumantharaya a celebrated
Advocate of Karnataka. He is a household name for Criminal
Law practice. Most of the students who had heard of him had
an opportunity to meet him in person. Ever amicable friendly
person Hanumantharaya engaged with young minds regarding
the challenges of the profession and the essentials of achieving
success in the legal profession. As a warm up he presented his own journey as the first time
graduate and first time Advocate from his taluka. His love, passion for legal profession and how
demanding is the profession. He styled it as “Jealous Mistress”.
Mr. Hanumantharaya presented mind of a lawyer and how one needs to have one’s own skills.
The art and science of cross-examination and nuanced understanding of Evidence Act his short
introduction into understanding of offences in Indian Penal Code and how Code of Criminal
Procedure need to be read and understood. He demonstrated how one can achieve success in
Criminal Litigation through a thorough reading of Investigation reports and related documents in
criminal trial. He presented aspects of criminal trial and the roles play by witnesses, investigating
agency, prosecution, the defence and the Judge.
He presented finer aspects of developing a defence theory. In the entire presentation Mr.
Hanumantharaya kept reminding the Do’s and Don’ts. It was entertaining thought provoking
session that lasted nearly four hours with students routing for more. Most of the students
expressed that it was for the first time they had been presented with such a great exposition of
Criminal Law.
3rd Session: Civil Law Practice
The 3rd Session was presented by one of the bright Lawyer of High Court of Karnataka Mr. M
Sunil Rao. An excellent lawyer with excellent practice in civil
and corporate law and his experience of having worked in the
offices of Justice Rohinton F Nariman one of the finest Senior
Lawyers of Supreme Court of India who is a sitting Judge of
Supreme Court of India.
Mr. Sunil Rao interacted with the participants and identified the
kinds of litigation that they do in civil law. After identifying that
their every day civil litigation revolved around injunction, specific performance, partition,
declaration, possession, matrimonial disputes. He presented the entire game of drafting, pleading,
the Do’s and Don’ts’s the essential ingredients, the costly errors and the kind of research and
reading of documents and papers to framing the prayer. His presentation was interspersed with
citations of the Supreme Court that have defined the essentials at great length. Each participant
presented their experiences and also learnt the reasons for their failure. Each one carried home a
better understanding of civil litigation. The insatiable hunger of the students was evident that
they were unwilling to let go the opportunity and had to be reminded that the kitchen would be
closed. The second day the student spent 11 hours without ever asking for recess.
THIRD DAY:-
1st Session: Skills for presentation of case
Justice A V Chandrashekara a former judge of High Court of Karnataka with decades of
experience in Judiciary who had penned numerous articles
on finer aspects of law and one of the highly respected
teachers in Karnataka Judicial Academy, and a much sort
after arbitrator was kind enough to make his presentation
on Day 3.
He shared his experience as a lawyer, as a Sessions Judge and as the Judge of the High Court of
Karnataka, informed the students that what matters is integrity commitment and hard work to
succeed in the profession. He presented about how the mind of a judge will be looking in each
case and what are the kinds of tools that a Judge employs to come to a conclusion in any case.
He presented an insight into the kind of drafting skills one needs to have and kind of articulation
that is required during examination of the witnesses and during presenting arguments. He
presented the required skills of a lawyer from being firm to being assertive and conciliatory in
the proceedings. Understanding the litigation and the needs of the client and arriving at a sound
advise that is based on analysing the facts and employing adequate research on the subject.
He presented what are the common errors that the Advocates do in drafting and how one should
re-read ones own drafts, think of the possible fallouts and the kind of opposition one may expect
from the opposite party.
Mr. Justice A.V.Chandrashekara spent good amount of time interacting with the students,
clarifying the doubt they had and advised them the kind of approach they need to have in respect
of litigation.
2nd Session: Opportunities beyond conventional spheres of litigation:
Mr. Shreedar Prabhu is an excellent lawyer who specializes in corporate matters more
particularly relating to Energy Sector. Also an outstanding
arbitrator and has acquired fair degree of expertise in
Alternate Dispute Resolution Mechanisms. He is also an
activist, Crusader for the rights of Dalits and has been part
of Dalit Rights Movements in State of Karnataka. He
presented A to Z opportunities that are available in legal
practice and beyond litigation. He described the kind of
avenues that are available to young lawyers and narrated how to get into such spaces and the
skills that are required for the same.
The presentation of Shreedar Prabhu was provocative and amiable. He answered each of the
queries of the students with elan. It was lively argumentative session that every student enjoyed.
3rd Session: How to employ Media effectively.
Ms.Gowri Lankesh the Editor and Publisher of a well known Kananda magazine
“LANKESH”, spoke about the role of media, bias within the
system and the grave errors that the media makes and how
one should interact with the media and how it is helpful to put
forward the case that is being handled by an Advocate. She
spoke about the challenges of the media and how uninformed
are the media professionals relating to law and the glaring
errors that they make in reporting. She spoke to the participants and enquired them of their
experiences with the media and how media can help them in the advancement of their career. In
the interactive session she explained some historical aspects and also the challenges faced by the
media. She advised them as to how they have to utilise the services of the media.
4th Session: How to build a good legal practice & personality development.
Last session of the program was how to build a good legal practice and personality development.
Mr. B T Venkatesh shares his experiences as to how to build a good legal practice. He summed
up all the views, experiences and the expectations of the system and the need for better
understanding of the profession. The need for being focused, the need to absorb the changes and
the aspects that are presented by other councils and the need to motivate oneself in achieving
success in the profession.
VALIDICTORY SESSION:-
Beloved Prof Babu Mathew graced the occasion. Prof. Sony Pellissery presented his
observations of the three day program and how different it was compared to other programs. He
presented the need for such program and the commitment of National Law School India
University and more particularly the Centre for Study of Social Exclusion and Inclusive Policy in
continuing such program and their association with ReachLaw in realizing the same.
Mr. B T Venkatesh thanked everyone for making the program a success. Professor Babu
Mathew gave away certificates and a gift box from ReachLaw containing a coat pocket edition
of the constitution of India, latest Criminal Manual and amended SC/ST Prevention of Atrocities
Act.
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List of Participants
Sl.
No
.
Name and Address District Social Group/
Caste Bar Association
1 Namratha S. Murthy Bangalore Adi Karnataka Bangalore Bar
Association
2 Geetha C Shimoga Adi Dravida Shivamogga Bar
Association
3 Sri Lakshmi Y.S. Hassan Adi Karnataka Hassan Bar
Association
4 Sowmya Mangaluru Adi Dravida Mangalore Bar
Association
5 Yallapaa Manavi Raichur Madiga Raichur Bar
Association
6 Shankar M.K. Mandya Adi Karnataka Bangalore Bar
Association
7 Praveen Kumar C.H. Nagara Adi Karnataka Chamrajnagar
Bar Association
8 N. Yogesh C.H. Nagara Adi Karnataka Chamrajnagar
Bar Association
9 M. Mahesh Das Bangalore Rural Adi Karnataka Devanahalli Bar
Association
10 H.B.Deviprasad Chitradurga Nayaka Chitradurga Bar
Association
11 T.V. Venkatesh Chintamani Adi Dravida Chintamani Bar
Association
12 T. Narayana Chintamani Adi Dravida Chintamani Bar
Association
13 Bharath Kumar Bellary Adi Karnataka Hospet Bar
Association
14 T. Shivappa Bellary Chalavadi Hospet Bar
Association
15 Subhas.Y. Bagalkot Madar Badami Bar
Association
16 Basvaraj F. Hubballi Chalavadi Hubbali Bar
Association
17 L. Mallikarjun Bellary Adi Karnataka Hospet Bar
Association
18 T.V Subramanyam Chintamani Adi Dravida Chintamani Bar
Association
19 Dayananda B.R. Chintamani Adi Karnataka Chintamani Bar
Association
20 H.Mukappa Bellary Adi Karnataka Hospet Bar
Association
21 S.Lokesh Babu Bellary Adi Karnataka Hospet Bar
Association
22 Rajkumar.B.
Bijapur Holer
Bijapur Bar
Association
23 Sowmya M.N. Chamaraj Nagar Adi Karnataka Chamrajnagar
Bar Association
24 Baraddi C.K. Bijapur Holer Bijapur Bar
Association
25 H. Venkateshalu. Bellary Adi Karnataka Hospet Bar
Association
26 Moulappa.H. Raichur Chalavadi Bangalore Bar
Association
27 S.P.Lakshmikantha Chitradurga Nayaka Chitradurga Bar
Association
28 M.S.Purosthama Bangalore vokkaliga Bangalore Bar
Association