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AMU LAW SOCIETY

NEWSLETTER
2018-19

WELCOME

The Editorial Board, Law Society of Faculty

of Law, Aligarh Muslim University, aims to

provide a platform to the students to express

their convictions, experiences and opinions.

In order to carry forward the objectives of the

Law Society, the newsletter focuses on the

contemporary legal issues. The various

significant segments of the newsletter are:


 Inside Faculty of Law, A.M.U.

 Event Recap

 Experts’ Corner

 Alumni’s Corner

 Student’s Corner

JOINT EDITORS

VIC E-P RES I DEN T


Areebuddin Ahmed Piyus h Cha wla

Mohd. Arman
SEC RET A RY EDIT OR
Naba Khan
Md. Asadullah Faham Ahm ed Khan S uhail Khan

Mallika Kapoor

JOINT EDITORS

Ar eeb udd in Ahm ed


Moh d. Arm an
N aba Khan
Md. A sad ullah
M allika Kapoor

IN-CHARGE

Pro f. M oham m ad Tar iq

DE AN & P RES I DEN T CH AI RM AN

P rof. Za he eruddi n Prof. Java id T alib


AMU Law Society Newsletter 2018-19 [1]

About the AMU Law Society Newsletter 2018-19

The Editorial Board, Law Society of Faculty of Law, Aligarh Muslim University, aims to provide
a platform to the students to express their convictions, experiences and opinions. In order to carry
forward the objectives of the Law Society, the newsletter focuses on the contemporary legal issues.
The Newsletter includes, without limitation, the analysis of the recent landmark judgments,
legislative amendments, circulars, rules and regulations.

The AMU Law Society Newsletter 2018-19 also perceives to include articles and interviews from
students, academicians and reputed legal professionals practicing in the field of Law. This would
be the second volume of the Newsletter; the main objective behind the Newsletter is to disseminate
knowledge relating to contemporary legal issues. The content roster for this edition of the
newsletter includes:

 Articles
 Short Articles/Columns
 Case Notes
 Legislative Reviews
 Internship/Academic Experiences
AMU Law Society Newsletter 2018-19 [2]

About the Faculty of Law, Aligarh Muslim University

The foundation of the legal education in Aligarh Muslim University led to a pinnacle in the area
of education, this institution, later came to be counted among the oldest institutions of law in India.
The teaching of Law in AMU was introduced in the year 1883. Sir Syed Ahmad Khan, the Founder
was greatly impressed by the Programme of Legal Education in British Universities. So he was
very keen to have legal education on that pattern in AMU also.

In 1960, the Department of Law came into being into a full-fledged Faculty. Credit goes to Late
Prof. Hafizul Rehman (who was also the first Dean) to develop a modern curriculum and research
programme. In fact, he was the architect of the present Faculty of Law.

Our Faculty of Law, popularly known as the mother Faculty has produced innumerable legal icons
who have rendered their services to many reputed Law Faculties in India. Their services have been
acknowledged both at the Bench and the Bar. Some of its illustrious products who rose to senior
and eminent positions in judiciary include the Supreme Court Judges.

Our Faculty is the pioneer Faculty to bring about radical change in the legal education in India to
make it modern, socially relevant, economically viable, professionally job oriented and
humanistic. Because of the great efforts of our Faculty teachers and students we are able to prove
that Faculty of Law is a great seat of excellence in terms of academics and higher researchers.
Though, we have been amongst the top ten premier Law Faculties for the last many years.
AMU Law Society Newsletter 2018-19 [3]
AMU Law Society Newsletter 2018-19 [4]

Dean & President, Law Society

Message
Greetings from Faculty of Law, Aligarh Muslim University.
Aligarh Muslim University has navigated a long excursion to attain value education,
instinctive recognition of creativity and iridescent success since 1920. It has exceptional
faculty, student oriented approach with a global perspective, open & healthy academic
environment. Aligarh Muslim University has distinctive features to act as a facilitator and
architect to prepare our students for best career prospects.
In Faculty of Law, we aim to instill humanistic approach, groundbreaking skills,
pioneering outlook and academic focus in our future leaders who can make a difference in
the society. Our multi-disciplinary learning methods have proved to be productive as our
alumni are setting new milestones in their professional fields.
The AMU Law Society Newsletter 2018-19 perceives to include articles and interviews
from students, academicians and reputed legal professionals practicing in the field of Law.
This would be the second volume of the Newsletter; the main objective behind the
Newsletter is to disseminate knowledge relating to contemporary legal issues.
It gives me a great pleasure and immense proud that our Editorial Board is publishing the
AMU Law Society Newsletter 2018-19. I acknowledge the commendable efforts of the
Editorial Board and Law Society for keeping the legacy of this initiative and making this
session’s edition of the AMU Law Society Newsletter, a conceivable project. We ensure
the readers that they would be profited through this.

(Prof. Zaheeruddin)
AMU Law Society Newsletter 2018-19 [5]

jfsdjfndkjdakjf chairperson.lw@amu.ac.in
Department of Law, A.M.U., Aligarh

Message
Greetings from Department of Law, Aligarh Muslim University, Aligarh
Faculty of Law, Aligarh Muslim University through its Law Society organizes a wide
variety of events for legal education to enhance and groom the legal skills of students and
make their way forward to a competitive future. It also preserves the ethical principles
required in the arena of law. With a group of dedicated and professionally competent
faculty, the Law Department stands out to inoculate moral, ethical and legal principles
involved in civil modern civilization.
During the recent years, our department has worked together for the compilation of various
useful document which would ultimately lead to the overall growth in the legal knowledge
of the students. In this academic session as well, the Editorial Board, Law Society has
taken up the task of making AMU Law Society Newsletter 2018-19, a possible venture. I
hope this becomes an abundant basis of knowledge for all the readers. I would like to
express my sincere gratitude to the experts, alumnus and students who contributed to it.
Each one of us is striving hard to achieve the vision of our Founder Sir Syed Ahmed Khan
of making this Institute one of the most prestigious institutions of the country. I also take
this opportunity of conveying my gratitude to the Hon’ble Vice Chancellor for his
unstinted guidance and support at each stage in publishing the newsletter. I am grateful to
Dean, Faculty of Law for his continuous cooperation. I wish great success for the AMU
Law Society Newsletter 2018-19 and commend the Editorial Board and Law Society for
making this valuable document available to the readers.
Best Wishes.

(Prof. Javaid Talib)


AMU Law Society Newsletter 2018-19 [6]

Message
Greetings from Faculty of Law, Aligarh Muslim University.
It gives us the feeling of immense proud and honor to facilitate the completion of AMU
Law Society Newsletter 2018-19 which is published annually. The AMU Law Society
Newsletter is a document which serves as an important asset in the form of a document
of legal utility. This issue of newsletter is a combination of various well researched
compositions of the subjects of legal concern from the end of alumni and students of
Faculty of Law, A.M.U.
The newsletter would also contain the accomplishments and achievements of the Faculty,
the events organized during the academic session 2018-19, followed by the columns and
interviews of experts. Following the accomplishment of this precious legal document, I
would like to congratulate and express my thankfulness to the Law Society and
specifically the Editorial Board for releasing this volume successfully. I would also like
to thank all the authors who have contributed to the AMU Law Society Newsletter by
submitting their compositions for the same. I strongly hope that this impeccable collection
of legal opuses aids to the advantage of the readers, categorically the students in learning
the law in an improved manner.

(Prof. Mohammad Tariq)


AMU Law Society Newsletter 2018-19 [7]

Piyush Chawla
Vice-President
Law Society
Faculty of Law, A.M.U.
Aligarh

Message
2018-19 has been a remarkable session for the Faculty of Law, Aligarh Muslim University
with some great achievements. The Law Society has worked hard from head to toe to
keep the students engaged with Intra and National events and in the same year, it has
hosted a number of legal luminaries lecture’s on contemporary issues.
Finally, the year for law faculty has ended with great efforts of the society to bring a News
Letter for the session 2018-19. The Newsletter has been the vision of our Hon'ble Vice
Chancellor and compiles a timeline of all the legal achievements and developments. Legal
researching and writing are the core skills of the field that advances a budding lawyer.
This News Letter is an engaging platform for the readers as well as the contributors in
every form. As the Vice- President of the Society, it has been a great sight to see the
efforts get materialised and giving the right platform for everyone to be a part of it.
The Department of Law has been the pioneer of legal knowledge in the country and it is
a very difficult task to uphold the standards of our erstwhile. Needless to say, this session
has shown a number of achievements for the department as a whole. This alone has been
only possible with the constant co-operation of everyone involved and the tutelage of our
Hon'ble Dean and Hon’ble Chairman of the Department of law.

(Piyush Chawla)
AMU Law Society Newsletter 2018-19 [8]

Message
My journey in the Law Society started as a participant and the winner of the 1st Intra-Moot
Court Competition which led to organizing various National and Intra moot court
competitions and ultimately to being able to step in the shoes of Secretary, Law Society
for which I am thankful to the President and In-charge, Law Society for reposing their
trust in me. I have closely observed the hard work and dedication of all the members and
volunteers of the society in reaching the pinnacle in terms of its achievements and
accolades.
The AMU Law Society Newsletter provides a prolific platform to the alumni and students
of Faculty of Law, A.M.U. The newsletter aims at fostering the accumulation of well-
composed, informative and original content pertaining mostly to issues of contemporary
legal nature and with that intent, the authors are invited.
The newsletter gets published annually and the volume of this academic session, that is,
AMU Law Society Newsletter 2018-19 has been set up and compiled by the Editorial
Board, Law Society to serve the aforementioned purposes. The combination of works in
this newsletter serve as great importance to issues of different areas of law.
As the publication of Newsletter gives me much pleasure, I would like to express my
gratitude to the Hon’ble Vice Chancellor for his support and co-operation, Prof.
Zaheeruddin, Dean, Faculty of Law, for his valuable guidance, Prof. Javaid Talib, for his
supervision, Prof. Mohammad Tariq, In-charge, Law Society, for his valued suggestions,
Mr. Piyush Chawla, Vice-President, Law Society, for his continuous help and Mr. Suhail
Khan, Editor, Law Society and his editorial team for their hard work and fortitude towards
the publication of this newsletter.

(Faham Ahmed Khan)


AMU Law Society Newsletter 2018-19 [9]

Message
My journey in the law college has been full of ups and downs. However, the best thing
about this is that I have been associated with the Law Society since last 2 years. It all
started with me being selected for the post of Joint Secretary. While being a member, I
tried to give and learn as much as possible in my capacity and position. My association
with law society, indeed proved to be very useful for me. Finally, I am indebted to the
President and In-charge, Law Society for appointing me as Editor, Law Society.
The ‘AMU Law Society Newsletter’ shall be published by the Editorial Board, Law
Society, every academic session. In that regard, we have perceived the idea of publishing
AMU Law Society Newsletter 2018-19. The publishing of this important piece of
document of legal effectiveness, is a continuous process for which the Faculty of Law
assigns the Law Society, precisely the Editorial Board that is acquainted with the task of
working for it right from the start of a new academic session.
At the very outset we solicit the achievements of the faculty followed by a recap of events
conducted by the Faculty and finally recording the responses and contributions of experts,
alumni and the students. As the publication of this Newsletter comes to us as a matter of
pride and honour, I have got a lot of people without whose support and cooperation this
could not have been possible. I thank the Hon’ble Vice Chancellor for his support, Prof.
Zaheeruddin, Dean, Faculty of Law, for his cooperation throughout the process, Prof.
Javaid Talib, Chairman, Department of Law, for his unstinted guidance Mr. Piyush
Chawla, Vice President, Law Society for his suggestions and Mr. Faham Ahmed Khan for
his backing in every step of the way. Lastly, I would like to thank my Joint Editors for
being a continuous help during the compilation of this newsletter.

(Suhail Khan)
AMU Law Society Newsletter 2018-19 [10]

Inside Faculty of Law, A.M.U.

Programs Offered
The Faculty of Law is currently offering the following courses:

 Doctor of Philosophy (Ph.D.)


 Master of Laws (LL.M.),
 Five years integrated B.A.LL.B.

o Programme Outcome:
Students shall receive a strong foundation in the law and its origins, meanings and limits
while also having a global perspective on ethical lawyering in a transnational community.
The thrust of the programme is to inculcate an ability to think like a lawyer which shall
equip students for productive careers as advocates, and judges; as business persons; as
elected public servants, and as researchers, teachers, and philosophers of the law.
 Programme Specific Outcomes:
Upon completion of B.A.LL.B (Hons.), our law school graduates will:
 Possess knowledge of the substantive and procedural law required
for effective participation in the legal profession.
 Engage in legal research, analysis, and problem-solving.
Graduates will be able to independently and critically analyze
relevant precedent and statutory law and apply them to factual
patterns to reach well supported conclusions.
 Communicate effectively in both oral and written form. Graduates
shall employ active listening skills along with being able to write
and speak clearly and concisely in a well-organized and well-
reasoned manner.
 Possess the practical skills fundamental to professional lawyering
and client representation which includes working on complex
problems independently as well as in collaboration with peers and
teachers. Graduates will be able to display cultural competence in
an increasingly global legal community.
 Conduct themselves with the highest moral and ethical standards.
Graduates will be able to understand their role as officers of the
legal system and apply the law governing lawyers to resolve
ethical dilemmas.

 Diploma courses.
AMU Law Society Newsletter 2018-19 [11]

Facilities

Law Faculty building


Faculty of Law, A.M.U. was earlier
situated at Sir Syed Hall which was
later on shifted to what is the
present day Faculty of Commerce,
A.M.U. At present, the Faculty of
Law is situated at Qila Road
building of the Aligarh Muslim
University.

Seminar Library
Seminar law library is the oldest
seminar library of the faculty. It
has around journals and books
dating back to 19th century. It has
approximately 35000 books
including text books, reference
books and research books apart
from 35 National Journals and 15
internationally approved Journals.

Moot Court Hall


The Faculty has a Moot Court Hall
maintained in its premises. Various
cultural and educational programmes
are conducted in the Moot Court Hall
including extra-mural lectures,
observance of various events like
Constitutional Day and so on, various
competitions including the flagship
moot court competition. It can hold a
large capacity of audience along with
a fully furnished seating facility.
AMU Law Society Newsletter 2018-19 [12]

Smart Classrooms
The Faculty has smart classrooms with
projectors and it has a well-maintained
seating facility. It can hold a strength of
about 100 students with a properly
maintained ventilation system. It gives
the teaching-learning an edge that can
be utilized to their benefit. Many new
classrooms have been added under the
leadership of Prof. Zaheeruddin, Dean,
Faculty of Law and Prof. Javaid Talib,
Chairman, Department of Law.

Computer Lab
The Faculty of Law, A.M.U.
maintains a computer lab for
educational and research purposes
which is accessible by all the
faculty members including students.

Legal Aid Clinic and Mediation Center


The Faculty maintains the Legal Aid
Clinic and Mediation Center to
provide legal guidance and
advisement to indigent and poverty
ridden litigants by associating
students under the supervision and
guidance of committed law teachers
together with local judiciary.
AMU Law Society Newsletter 2018-19 [13]

Law Society
The Law Society is a
group of students actively
involved in the affairs of
the Faculty. It was
founded in 1894 as a non-
profit student
organization. It has long
traditional character
which always uplifts the
students' participation and
performance in relation to
legal affairs in different
arenas.
The Dean, Faculty of Law
is the President of the
Members of Law Society at Sir Syed & Surana & Surana Society. Along with the
National Criminal Law Moot Court Competition - 2019 teacher-in-charge of the
Law Society, the Law
Society assists students within the Department of Law with all aspects of their study. Networking
with legal professional forms an important part of work in building a presence for Aligarh Muslim
University Law graduates with the legal profession. The society organizes events of the cultural
and educational nature.

It publishes a review called AMU Law Society Review a wholly student


reviewed journal.
AMU Law Society Newsletter 2018-19 [14]

Dr. Ambedkar Chair of Legal Studies & Research


The sub-committee on education set up for centenary
celebrations Dr. Bhimrao Ramji Ambedkar, in one of its
recommendations in the year 1992, suggested for setting up
Dr. Ambedkar Chair in different disciplines of different
institutions/ universities. In pursuance of the
recommendation and followed by the decision, Dr.
Ambedkar Chair were set up for undertaking study and
research programmes on various aspects of the philosophy,
thoughts, ideologies, missions and ideals of Dr. B.R.
Ambedkar, by Dr. Ambedkar Foundation, the Ministry of
Social Justice and Empowerment.
Ambedkar chair was created by Dr. Ambedkar Foundation,
Ministry of Social Justice and Empowerment, Govt. of
India, New Delhi in 1992.

The Chair to its credit publishes a well-reputed journal annually in touch


with the plans, called “Quest for Justice” regularly since the year 2005-06.
AMU Law Society Newsletter 2018-19 [15]

Rankings
University rankings

Law – India

India Today-MDRA Survey (2019) 1

[Governmental College with Best Value for Money]

India Today (2018) 7

India Today (2017) 2

The Week (2017) 15

Editorial Accolades
Number of Research Papers published National International

By the Faculty 35 12

Number of Books published

By the Faculty 01 00

Journal published by the Department 1. Aligarh Law Journal


2. Legal Journal: ‘Quest for Justice’
3. Law Society Review

Membership of the Editorial Board of


National and International Journals held
by the Faculty Members

By the Faculty 15
AMU Law Society Newsletter 2018-19 [16]

Seminars/Conferences/Workshops

Number of participation in Conferences/Seminars/Workshops

National International International


By the Faculty
(within India) (outside India)

47 10 01

National International
Number of Moot Court
02
Seminars/Symposia/Workshops Competitions
organized

Lectures 07
AMU Law Society Newsletter 2018-19 [17]

Event Recap

Alumni Meet, 2018 (16th October, 2018)

On 16th October, 2018, the Faculty of Law, Aligarh Muslim University organized the Alumni Meet
programme inviting delegates who have acquired prestigious positions at various legal heads. The
event was conducted under the able guidance and leadership of Prof. Zaheeruddin, Dean, Faculty
of Law, A.M.U. and Prof. Javaid Talib, Chairman, Department of Law, A.M.U. Faham Ahmed
Khan, Secretary, Law Society also played a key role as the student convener in facilitating the
event.

The programme was started with the recitation of Quranic verses followed by the introductory
speech by Prof. Zaheeruddin welcoming all the alumnis, delegates and distinguished guests.

The event comprised of 3 panel discussions. The first panel discussion was inaugurated by Prof.
Wasim Ali based on “Career Opportunities in Corporate Law” involving various dignitaries like
Mr. Naved Masood (IAS), Mr. Salman Waris (heads TMT and IP practice groups at TechLegis),
Mr. Burhan Khalid (Legal Head, Britannia Industries Ltd.) and Mr. Mohd. Naseem (ONGC). The
AMU Law Society Newsletter 2018-19 [18]

dignitaries encouraged the students to pursue a career in the corporate sector by highlighting the
upsides of the same and focusing on excelling in the same.

The second panel was inaugurated by Mr. Mohd. Nasir on “Career Opportunities in Litigation”,
including Mr. Syed Ali Murtaza (Advocate, Allahabad High Court), Hafiz Rashid Ahmed
Choudhury (Advocate, Gauhati High Court), Ms. Sanchita Ain (Advocate, Supreme Court of
India) and Mr. Sharique Hussain (Advocate, Delhi High Court). The dignitaries shared their
knowledge on how to excel in this field of law.

The third and the final panel discussion was inaugurated by Dr. Syed Ali Nawaz Zaidi on “Career
Opportunities in Competitive Exams”, including Mr, Ghulam Haider (Addl. District Judge,
Bokaro), Mr. Shahid Raza (ADJ, Aligarh), Mr. M. Naseem (ACJM, Aligarh), Mr. Rizwan Ansari
(JM, Dehradun). The dignitaries enlightened and encouraged students to work hard and never give
in pursuing a career in competitive exams. All the panel discussions were followed by interactive
sessions. Finally, the panel discussions were concluded with success and the programme came to
an end with a vote of thanks speech by Prof. Javaid Talib, Chairman, Department of Law, A.M.U.

Vigilance Awareness Week, 2018 (29th October, 2018 to 3rd November, 2018)
Since the students of the
Faculty of Law, Aligarh
Muslim University, Aligarh
have always proved their
caliber in different aspects of
law, likewise their talent has
been reflected in the
Competitions organized in the
Vigilance Awareness Week,
2018 as per the instructions of
the Central Vigilance
Commission, New Delhi from 29th October to 3rd November, 2018, as well. It was inaugurated by
Prof. Zaheeruddin, Dean, Faculty of Law, A.M.U. and Prof. Javaid Talib, Chairman, Department
of Law, A.M.U. It was also supported by Faham Ahmed Khan, Secretary, Law Society and Suhail
AMU Law Society Newsletter 2018-19 [19]

Khan, Editor, Law Society, respectively as the student conveners. It was followed by taking of the
Integrity Pledge by the Faculty members and the students.

The following list of activities organized by the Law Society as part of the same were as follows:

1. Lectures by the esteemed Faculty Members: 29th October, 2018 on the topic, “Corruption
free India: Necessities and Possibilities” The program began with the lectures of the
respected faculty members Prof. Iqbal Ali Khan, Prof. Md, Zafar Mahfooz Nomani, Dr. Mohd.
Wasim Ali, Dr. Syed Ali Nawaz Zaidi, Dr. Md. Rahmatullah and Dr. Fasih Raghib Gauhar on
the importance of a corruption-free India, measures that would be necessary in the long run to
contain corruption etc.
2. Panel Discussion: 31st October, 2018 on the theme: “Corruption – A boon or a bane” A lot
of students took the initiative to express their opinions in the favor and dissent of the aforesaid
theme. It was an enriching experience for the students to dwell on the topic by meticulously
interacting with each other uncovering various aspects relating to it.
3. Quiz Competition: 31st October, 2018: The quiz competition was welcomed by the students
of the faculty who gathered in large numbers to make it a success, the quiz was set up by the
Organizing Committee which included various relating to legal realm and current affairs.
4. Slogan Writing/Poster Making Competition: 31st October, 2018 on the aforementioned
theme: The foundation of an honest nation or a corrupt free society lies in the honesty of each
of its citizen. Similar were the rationale of the opinion of the students which was reflected in
the slogans they wrote.
5. Elocution Event: 1st November, 2018 on the topic: “Corruption free India is a means to
eradicate poverty” The performance of the students was really appreciable in this event. As
we know how much important it is to weed out corruption from India, we are sure that this
event helped the students to present their views on the topic and must have helped in giving a
general idea even to a layman about the concept of corruption in India and its relevance in
eradicating poverty.
6. Essay-Writing Competition: 1st November, 2018 on the topic: “Eradicate Corruption –
build a new India” A good number of students came forward to express their views in regard
of the same. They clearly pointed out the root causes of Corruption in India and also suggested
many solutions for the same. Their ideas and content were immensely impressive.
AMU Law Society Newsletter 2018-19 [20]

It was followed by declaration of results and distribution of certificates to the students who
participated in the various competitions on 2nd November, 2018. Hence, the observance of the
Vigilance week proved to be quite successful in Faculty of Law, Aligarh Muslim University.

South Asia Students for Liberty (SASFL)’s Colloquium – Are Vices Crime? (31st October, 2018)

The Faculty of Law, Aligarh


Muslim University, under the
leadership of Prof. Zaheeruddin,
Dean, Faculty of Law and Prof.
Javaid Talib, Chairman,
Department of Law and Faham
Ahmed Khan, Secretary, Law
Society in collaboration with
‘South Asia Students for Liberty’
conducted a Colloquia (Socratic
Seminar) on the topic "Are Vices Crime?” on 31st October, 2018 in Faculty of Law, A.M.U.
On the basis of response in the forms, 20 students from Faculty of Law were selected. The selected
students were provided with study materials and short training before the event date, to ensure
qualitative discussion. Indeed, Students discussed a wide range of reasons as to whether vices can
be considered as crime; moral wrongs are often disdained if one goes by the common belief but
whether they can be considered as crimes or not, was the basic question that saw the treatment in
this colloquium. The discussion was moderated by Abhay Pachaury (Local Co-ordinator, SFL)
and Zain Haider (Joint Secretary, Law Society and Local Co-ordinator, SFL). The Event
highlighted the need to discuss ideas and have fruitful discussions in order to find solution to
complex problems.

Law Week, National Law Day – 2018 (26th November, 2018 to 30th November, 2018)

National Law Day is celebrated in India on 26 November every year to commemorate the adoption
of Constitution of India. The Department of Law, A.M.U. was directed by the Bar Council of India
AMU Law Society Newsletter 2018-19 [21]

to celebrate the occasion by conducting several events of the educational nature stressing on the
various topics relating to the Constitution and Law. Under the leadership of Prof. Javaid Talib,
Chairman, Department of Law, A.M.U. and Prof. Zaheeruddin, Dean, Faculty of Law, A.M.U.
along with Prof. Mohammad Tariq. Faham Ahmed Khan, Secretary, Law Society and Suhail Khan,
Editor, Law Society were appointed as the student organizers for the aforementioned event.

The Department of Law, A.M.U. decided to


conduct various student-oriented activities,
throughout the week to give the students a
learning platform and an insight about the
intricacies involving the knowledge of
Constitution. The first in these series of events
was the Essay Writing Competition held on
27th November, 2018. The topic of the
competition was “Right to Privacy under the
Indian Constitution” and 23 students participated in the same expressing their views.

This was followed by a Debate Competition organized on 29th November, 2018 on the topic “Dr.
Ambedkar’s Vision on Reservation, an Affirmative Action”. The rounds were judged by Prof.
Mohd. Wasim Ali and Dr. Zafar Ahmed Khan, Faculty of Law, A.M.U.

The last event in the series was a lecture by


Prof. Badar Ahmed, Faculty of Law, A.M.U.
on the theme “Dr. Ambedkar’s Vision on
Constitutionalism”. A large number of students
participated and interacted in the lecture
session pointing out noteworthy questions and
raising their significant points, making the
event a great success.
AMU Law Society Newsletter 2018-19 [22]

Matribhasha Diwas/Mother Tongue Day (21st February, 2019)

Department of Law, A.M.U. celebrated the Matribhasha Diwas on 21.02.2019 to commemorate


the International Mother Language Day – a day dedicated to promote awareness of linguistic and
cultural diversity and multilingualism. The main aim behind celebrating the day was emphasizing
on maintaining the cultural heritage of India by giving respect to the Mother Tongue. It has to be
realized that the rich linguistic diversity of the country should be preserved and one should feel
proud of their own Mother Tongue to maintain the tradition. It was done under the tutelage of Prof.
Javaid Talib, Chairman, Department of Law and with due cooperation and support from Faham
Ahmed Khan, Secretary, Law Society.

The event witnessed different activities organized by the Law Society, the first among them was
the Essay Writing Competition, on the topic ‘Love for Mother Tongue’ in which as many as 36
students participated from the Faculty and it also showcased their writing skills on the subject and
deliberation on the given theme. A mother tongue or first language is a language which makes us
feel comfortable and keeps us at ease. Real values of any culture can only be conserved if there is
a respect for mother tongue and heritage. Once these values are conserved, we will be more close
to our traditions. The next activity in the line was the Slogan Writing Competition which saw the
participation of a total of 18 students from the faculty, the slogans stressed on the mother tongue
as an individual’s one of the most quintessential of his identities. They also dealt with the face that
love for one’s mother tongue is one of the most natural and innate phenomenon of any individual.

The last activity for the event was the Extempore (Speech) Competition, on the various topics
given to them on the spot and the participants came out in large numbers. The students participated
enthusiastically and discussed splendidly the topic they were allotted in the given frame of 2(+1)
minutes. Once the allotment of the topic was done, the participants were given a time of 1 minute
to prepare an impromptu speech on a given topic. Hence, the celebration of Matribhasha Diwas
turned out to be successful.
AMU Law Society Newsletter 2018-19 [23]

Career Guidance Workshop by Project Abhimanyu and Training &


Placement Office, Faculty of Law (13th March, 2019)
The Training and Placement Office-
General and the Training and
Placement Office-Faculty of Law of
the Aligarh Muslim University under
Project Abhimanyu-2019 jointly
organised a workshop on 'Career
Guidance' at the Department of Law
to increase awareness about
opportunities and career options
available in legal profession.

Prof. Zaheeruddin (Dean, Faculty of Law) said that there is a need to chart out programme under
the project Abhimanyu for internships and placements. Prof. Javaid Talib (Chairman, Department
of Law) said that it is hoped that the participants of the workshop have learnt the best from highly
trained and experienced professionals. Faham Ahmed Khan, Secretary, Law Society helped in
facilitation of the workshop.

Mr. Saad Hameed, Training and Placement Officer-General pointed out that the workshop has
provided law students and entry level lawyers with effective guidance from a panel of experienced
and senior legal professionals.

Project Abhimanyu counselors, Ms. Ojasvita Srivastava, Ms. Manisha T. Karia, Mr. Abhimanyu
Chopra and Mr. Saurabh Kumar discussed 'career options available to a law graduates', 'pursuing
a career in intellectual property laws in India', 'a career in taxation laws in India' and 'soft skills of
a good lawyer' during the workshop.

Prof. Badar Ahmad, Training and Placement Officer, Faculty of Law proposed the vote of thanks.

Ilma Iqbal, Aamna Khan, Piyush Sharma, Suyash Varshney, Afifa Fatima, Hassan Haque, Subuhi
Khan and Sahbaj Akhtar helped organising the programme.

Over 100 BA LLB, LLM and PhD students attended the workshop.
AMU Law Society Newsletter 2018-19 [24]

2nd Sir Syed and Surana & Surana National Criminal Law Moot Court
Competition – 2019 (15th March, 2019 to 17th March, 2019)

The Faculty of Law, Aligarh Muslim University organized "2nd Sir Syed and Surana & Surana
National Criminal Law Moot Court Competition - 2019" from March 15-17, 2019. A significant
number of members of the bar and bench including AMU alumni were the part of the judges panel
at different rounds of the competition. 2nd Sir Syed and Surana & Surana National Criminal Law
Moot Court Competition - 2019 was a rich tribute to the long term relationship between AMU’s
Faculty of Law and Surana & Surana International Attorneys, Chennai which has created bigger
strides in the field of mooting.

The national moot event discussed issues pertaining to gender neutrality of offences for LGBT
community, Anti-beggary law and new bills affecting constitutional rights of LGBT community.
The event was conceived with an objective to creating opportunities for learning the development
of jurisprudence on emerging trends in criminal law besides developing cutting edge skills in
research, writing and advocacy.

On 15th March 2019, thirty two teams from various universities and law academies arrived in the
Aligarh Muslim University (AMU) to participate in the Sir Syed and Surana & Surana National
Criminal Law Moot Court Competition 2019, at the Department of Law, where they participated
in simulated court and arbitration proceedings.
AMU Law Society Newsletter 2018-19 [25]

The inaugural function of the event was on 16th March, 2019. Attending the inaugural function as
the Chief Guest, Hon'ble Mr. Justice Devendra Kumar Upadhyay (Judge, High Court of Judicature,
Allahabad) said that there has been a tremendous growth in legal education in the past two decades.
He added that strengthening the legal education system is the need to face new challenges that we
face as a country. Hon'ble Justice Mr. Upadhyay also discussed on how lawyers being directly in
contact with society, deal with its problems as part of their profession and initiate the process of
social change. AMU Pro Vice Chancellor, Prof. M H Beg also presented his address and said that
it is expected that the moot court competition will have a good quantum of drafting memorials,
participation in oral arguments and documentations. Prof. Zaheeruddin, Dean, Faculty of Law,
A.M.U. presented the welcome address in the function. Dr. S. Ravichandran (Advocate and Head,
Academic Initiatives, Surana & Surana International Attorneys) and Prof. Mohammad Tariq (In-
charge, Law Society) also spoke on the occasion. Prof. Javaid Talib (Chairman, Department of
Law) proposed the vote of thanks.

Mr. Faham Ahmed Khan, (Secretary, Law Society) and Mr. Sahbaj Akhtar (Secretary Moot
Society, Law Society) spoke on the importance of mooting. Sumaiyya Nomani, Atif Javaid and
Tasneem Kawoos compered the programme.
AMU Law Society Newsletter 2018-19 [26]

The semi-final and final rounds of the competition along with the closing ceremony and felicitation
were held on 17th March, 2019. Students team from the Army Law College, Mohali with Zarish
Ali and M. Magotra as speakers and Simran Sidana as the researcher emerged winners at the 2 nd
Sir Syed and Surana & Surana National Criminal Law Moot Court Competition 2019 that
concluded at Department of Law, Aligarh Muslim University (AMU).

The team of University School of Law and Legal Studies, Guru Gobind Singh Indraprastha
University, New Delhi stood as runners-up. Their team composition was as follows Aditi Singh
and Hema as speakers and Anjali Gandhi as the researcher in the final round.

Thanking the guests for attending the competition, AMU Vice Chancellor, Professor Tariq
Mansoor said that this is one of the best National Moot Court competitions in India. The Chief
Guest, Hon'ble Mr. Justice Manoj Kumar Gupta (Judge, High Court of Judicature at Allahabad)
said that a lawyer should strive to attain the highest level of skills, to improve the law and the legal
profession, and to exemplify the legal profession's ideals of public service. The Guest of Honour,
Hon'ble Mr. Justice Suneet Kumar (Judge, High Court of Judicature at Allahabad) urged law
students to become the best researchers, communicators, articulator of facts and law and to be
patient and receptive. Hon'ble Mr. Justice Attau Rahman Masoodi (Judge, High Court of
Judicature at Allahabad), who also attended the programme as a Guest of Honour appreciated the
problem that was drafted for the moot court competition and advised students to be cautious while
having arguments and to be prepared to control any situation.

Prof. Javaid Talib (Chairman, Department of Law) delivered the welcome address, while Prof
Mohammad Tariq (In-Charge, Law Society) presented the report of the competition. Dr. S.
Ravichandran (Advocate and Head, Academic Initiatives, Surana & Surana International
Attorneys) distributed prizes to the winners. Prof. Zaheeruddin (Dean, Faculty of Law) proposed
the vote of thanks.

Mr. Faham Ahmed Khan (Secretary, Law Society) and Mr. Sahbaj Akhtar (Secretary Moot
Society, Law Society) also spoke on the occasion.
AMU Law Society Newsletter 2018-19 [27]

South Asia Students for Liberty (SASFL)’s Colloquium – Why is India Poor? (1st April, 2019)

The Faculty of Law, Aligarh


Muslim University, under the
leadership of Prof.
Zaheeruddin, Dean, Faculty
of Law and Prof. Javaid
Talib, Chairman, Department
of Law, and with due
cooperation and support of
Faham Ahmed Khan,
Secretary, Law Society in
collaboration with ‘South
Asia Students for Liberty’ conducted a Colloquia (Socratic Seminar) on the topic "Why is India
Poor?” on 1st April, 2019 in Faculty of Law, A.M.U.

On the basis of response in the forms, 20 students from Faculty of Law were selected. The selected
students were provided with study materials and short training before the event date, to ensure
qualitative discussion. Indeed, Students discussed a wide range of reasons for India’s Poverty and
formulated consensus that it is the ‘Lack of Economic Freedom’ that has hindered India’s growth
and in its fight against Poverty. The discussion was moderated by Akash Varshney (Joint
Secretary, Law Society) and Zain Haider (Joint Secretary, Law Society and Local Co-Ordinator,
SFL). The Event highlighted the need to discuss ideas and have fruitful discussions in order to find
solution to complex problems.
AMU Law Society Newsletter 2018-19 [28]

South Asia Students for Liberty (SASFL) – Symposium on Law and Liberty (4th May, 2019)

The Law Society


in collaboration
with South Asia
Students for
Liberty and Center
for Civil Society
on the theme
"Classical Liberal
Constitutionalism: A perspective in contemporary India". The event had luminaries from all over
the country. The likes of Ms. Indira Jai Sing, Mr. Prashant Narang, Mr. Parikshet Sirohi, Dr.
Yugank Goyal and Mr. Manuj Bharadwaj graced the occasion with their presence.

The Symposium was conceived with the aim for learning the development of Constitution in
contemporary India from the ideals of constitution originalism. This event sought to engage
eminent members of the legal fraternity, Individual rights activists as well as academicians to
discuss the problems that modern India faces today from a diverse perspective.

Keeping up with the tradition of Faculty of


A.M.U., the programme began with the Qirat
and its English Translation followed by the
Introductory Speech and Introduction of
SASFL (South Asia Students for Liberty)
and CCS (Centre for Civil Society) by Prof.
Mohammad Tariq. After that, the anchors for
the event welcomed the Guest Speakers on
the dais. First Keynote Address was by Adv.
Indira Jaising, Senior Advocate, Supreme
Court of India. Soon after the formal
welcome, Dr. Yugank Goyal was welcomed
to the podium for his session on theme, ‘The Constitutional Choice of Parliamentary and First-
Past-The-Post system in India – A Re-examination’. He discussed in length about the
constitutional perspectives of parliamentary system of government and first-past-the-post system
AMU Law Society Newsletter 2018-19 [29]

for elections which was followed by refreshment. Soon after the refreshment, session by Adv.
Prashant Narang was taken up on the theme “Are Socialism, Central Planning and DPSPs
compatible with the Rule of Law” which was later followed by panel discussion with Adv.
Parikshet Sirohi, Dr. Yugank Goyal and Mr. Prashant Narang which was moderated by Mr. Manuj
Bharadwaj.

This was followed by a vote of thanks by Mr. Faham Ahmed Khan, Secretary, Law Society.

The event was organised under the kind leadership of Prof. Zaheeruddin, Dean, Faculty of Law,
Prof. Javaid Talib, Chairman, Department of Law, Prof. Mohd Tariq, Incharge, Law Society.
AMU Law Society Newsletter 2018-19 [30]

Experts’ Corner

Interviews conducted by Mohd. Arman, Joint Editor, Law Society

Mohammad Tauseef Raza (Additional Civil Judge, Sr.


Division, U.P. Judicial Services and Alumnus, Faculty
of Law, A.M.U.)
Let me introduce Mohammad Tauseef Raza who qualified
UP PCS -J 2013, he completed B.A.LL.B from Faculty of
Law AMU Aligarh and L.L.M. from Delhi University.
1. What made you choose Judiciary as a career option?

I chose judiciary as a career option because as a student of


law I was always of the opinion that a judgment of a court
of law is an instrument of social change in society and
motivated me to join judiciary. My aim is to provide
justice to the needy people of society and I always
appreciate it.

2. What was your overall strategy for the prelims part of Judiciary Exam?

As for the prelims consist of two papers I had set different strategy for each paper.
I always used to go to Coaching and Guidance Center, AMU, Aligarh and had interactions
with students who were preparing for other higher examinations. I also used to solve almost
all previous year question papers and read current affairs thoroughly.
3. What was your overall strategy for mains part of the Judicial Service Examination?

For the mains part of examination, I gave more time to study and better clarification of
knowledge. Same strategy as in pre but the level was increased. I used to visit the Seminar
Library, M.A. Library and Coaching and Guidance Center and devote most of my time to
studies.
4. How did you prepare for the interview of Judicial Service Exam?

For the interview, I took various mock trials interviews along with the regular revision of my
study notes. There is no particular strategy for the interview as anything can be asked from
anywhere.
AMU Law Society Newsletter 2018-19 [31]

5. Can you share your book list for all subjects/parts for prelims and mains of Judiciary?

Bare Acts are a must for the study of all procedural and substantive law subjects along with
the landmark judgements, current affairs. These books can preferably be perused while
preparing for the examination:
1. Constitutional Law by J.N. Panday
2. Indian penal code by S.N Mishra
3. Cr. P.C. by Kelker
4. C.P.C. by C.K. Takwani
5. Evidence Law by Avtar Singh
6. Transfer of Property by R.K. Sinha
7. Contract Law by Bangia
8. UP Revenue Code
6. For how long did you prepare and how many hours did you put in to clear Judiciary exam?

4 to 6 hours daily.
7. What are some challenges you faced/mistakes you made, and how did you overcome them?

I faced so many challenges at the time of my preparation but I overcame them by putting more
hard work; hard work is the key of success. So many challenges can be taken down by reading
newspapers and practicing writing a few pages daily.
8. Did you take coaching from anywhere?

No. I did not take any coaching from anywhere.


9. Anything else you’d like to tell to the students of Faculty of law AMU Aligarh?

One thing I want to tell to all the students of this prestigious faculty they must attend the class
and secure 100% attendance as the study in classrooms is very helpful at the time of preparation
or to qualify the various higher level examinations.
AMU Law Society Newsletter 2018-19 [32]

Asifa Rana (Additional Chief Judicial Magistrate,


U.P. Judicial Services and Alumnus, Faculty of
Law, A.M.U.)

1. What made you choose Judiciary as a career option?

I chose judiciary as a career option because Judiciary


has a sense of sincerity, besides money it deals with
justice and fairness.
2. What was your overall strategy for the prelims part
of Judiciary Exam?

The collective study of five years integrated course


helped me as a strategy for the prelims.
3. What was your overall strategy for mains part of the Judicial Service Examination?

Building a good conceptual knowledge of Law.


4. How do you prepare for the interview of Judicial Service Exam?

I attended many Mock Trials and Courts and I was well confident.
5. Can you share your book list for all subjects/parts for prelims and mains of Judiciary?

Bare Acts are very important and one must consider a reference book of their choice.
6. What was your ‘secret sauce’ if any?

Consistent hard work and a ‘be-positive’ approach.


7. For how long did you prepare and how many hours did you put in to clear Judiciary
exam?

2 - 4 hours daily.
8. What are some challenges you faced/mistakes you made, and how did you overcome
them?

To overcome on any challenges and mistake little more hard work is required.
9. Did you take coaching from anywhere?

No
10. Anything else you’d like to tell to the students pursuing law?

Law is a way of life you can help yourself and others.


AMU Law Society Newsletter 2018-19 [33]

Interview conducted by Naba Khan, Joint Editor, Law Society

Ms. Indira Jaising


Ms. Jaising said that if someone thinks
that the Constitution is being rewritten
over the liberal pronouncements then I
guess yes it is being rewritten and
every generation has a right to rewrite
it.
Ms. Indira Jaising is a Senior
Advocate of the Supreme Court, who
is noted for her legal activism in
promoting human rights and runs an
NGO with the name of ‘Lawyers’
Collective’. In 2018, she was ranked
20th by the Fortune Magazine among
the 50 Greatest Leaders of the World.
She visited the Aligarh Muslim
University for attending the
symposium on ‘Law and Liberty’ as
one of the speakers, where she exclusively spoke to Naba Khan, Joint-editor, Law Society.
The very first question I would like to ask is how your overall experience was in the Aligarh
Muslim University?
My experience has been absolutely fantastic by the reasons that I love to interact with the young
generation and the other reason that the students over here are very enthusiastic and very much
open to new ideas and suggestions.
Moreover, the premises, the university is historic, with so many eminent persons having emerged
from here.... which was an added incentive to come.

....hope you would like to visit us again.


.... oohh!! Definitely, definitely..... If time permits me.
AMU Law Society Newsletter 2018-19 [34]

In the Era of Constitutional Liberalism the Apex Court has given many pronouncements
which uncloaked the rights of the women in a truly liberal manner and on the other hand we
have been coming across the number of incidents where sexist remarks are being made
against the women advocates and judges, even in the Apex Court.
So, how would you comment upon the two phases, and if ever, you have had such an
experience being a Senior Supreme Court Lawyer?
See... One is supposed to believe in what he writes and write what he believe, no one is supposed
to have a split personality. The problem here to understand is that people could be intellectually
progressive but not necessarily implement it in their personal lives. One who is committed to the
issue of women’s rights and empowerment, in my personal opinion, should live by his principles
and values. What one needs to keep in mind is that you should not have a split personality.

So would you agree upon that there are some judges who have split personalities?
I don’t believe that judges have a split personality, but I have a big problem with Lawyers.
......and yes, I have myself had such experiences a number of times... though they took a U-turn on
my remark.

In the light of the liberal pronouncements by the Supreme Court, there is been a fuss that
the Supreme Court is rewriting the Constitution...
It’s a juvenile comment to be made about the Constitution being rewritten over the liberal
pronouncements. As it has always been accepted by the jurists that the interpretation is the heart
of the Constitution, and that is what the Supreme Court has been doing. So, if they say that the
Constitution is being rewritten then I guess yes, it’s being rewritten and every generation has a
right to rewrite the Constitution.

Being a woman and a lawyer what would you suggest or advice to the young women
generation regarding their career in litigation?
Go for Litigation!!! Don’t be afraid and do not look for an easy and safe escape. But, once you
are there stand up for your rights.
As the slogan of our Leaflet says, Get Up! Stand Up! Stand Up!
So, stand up for your rights and of the others.
AMU Law Society Newsletter 2018-19 [35]

Interviews conducted by – Areeb Uddin Ahmed, Joint Editor, Law Society

(Abbas Hyder Zaidi, Alumnus, Faculty of Law, A.M.U.)


Question: What part internships play in a career like law?
Answer: I believe that internships play an important role in
a career like law. It gives a practical approach to the
theoretical approach which the students are taught within
the four walls of the college.
Question: What do you think about Moot courts? Do they
help those who are intending to go towards litigation?
Answer: When I was in college, I tried to catch up with the
National events which are happening around the country.
Moot courts play an important role in building up the argumentation skills of a student. Yes, a
person who is intending to go towards litigation can learn a lot from such activities.

(Anam Rais Khan, Alumnus, Faculty of Law, A.M.U.)


Question: According to you, what is the future of LGBT
rights in India? Do you think the Supreme Court order will
sustain up to the ground level?
Answer: I believe that everyone has a right to be
represented and the same right should be equally
protected. The Supreme Court judgment has positively
stated that the rights of homosexuals should not be violated
by a provision which was made 100 years back and I
believe that in this country, everyone should be equally
protected and represented.
Question: Healthcare is one of the most important issues of the country. Do you think that ‘Right
to health’ should be given a fundamental status?
Answers: Health and safety are two such major issues which should be given priority in every
country. In India, healthcare is provided everywhere but the implementation is not pretty smooth.
Right to health is not a fundamental right yet, but it has been stated as an integral part of Article
21. But if it is incorporated into Part-3 of the Indian Constitution then it would be an easy task for
an individual to approach the courts.
AMU Law Society Newsletter 2018-19 [36]

(Sheeba Khan, Alumnus, Faculty of Law, A.M.U.)


Question: What are the benefits of writing a research
paper?
Answer: Firstly, I haven’t written many research papers
but indeed it plays an important role in developing the
art of research in a particular field. Most importantly,
the area of interest is to be figured out and then one can
do wonders in the legal fraternity.
Question: Do you think litigation should be priority for
every student who’s titled towards argumentation and
research?
Answer: Yes, litigation as a career is one of the most
important aspects of the legal field. I believe that a
person who has an interest in the field and can struggle
for some initial years should really go for practice because it boosts up the confidence and most
importantly the ‘drafting skills’.

(Dr. Faizan Ur Rahman, Alumnus, Faculty of Law,


A.M.U.)
Question: What are your views on Environmental
exploitation? We have enough statutes but the
implementation has always been poor.
Answer: I believe that Environment is one of the most
important concerns of a ‘developing country’ like India.
We have enough laws, but less implementation. I believe
that we cannot wholly blame the law makers for this
because citizens have ‘equal’ share which they should
focus upon. We should protect the resources and save it for
the next generation, but if we take the current scenario then things are working differently.
Question: Heading back to your student life, what were some of the challenges you faced and how
they helped you to overcome your fears?
Answer: College life was the best phase of my life and as a student I faced many challenges, like
lacking opportunities in many situations. But later, I realized that a person has to give his hundred
percent to cope up with such situations. As a teacher, I just want to give a piece of advice to every
student out there, that be ready to face every situation because you never know which hurdle can
change your life.
AMU Law Society Newsletter 2018-19 [37]

(Dr. Kalpana Jayas, Assistant Professor, Amity Law


School, Noida)
Question: What role does research plays in a life of a law
student?
Answer: Firstly, research is a very vast narrative. In the
field of law, research is surrounded by research papers
and moot courts. I believe that it is an import part of one’s
college life, because research makes you think and think
about something is not only confined up to search engines.
Indeed, it plays an important role in developing the ideas
and opinions of particular being.
AMU Law Society Newsletter 2018-19 [38]

Interviews conducted by Mallika Kapoor, Joint Editor and Suhail Khan, Editor, Law Society

Mr. Shariq Abbasi (Advocate, Supreme


Court of India and Alumnus, Faculty of Law,
A.M.U.):
1. What or who inspired you to choose such an
audacious and unflagging professional field
you're in?
The drive I have had since my childhood was to
reason with people around me who agreed with
me or had dissenting point of views on a
particular topic. I would always try to get to the
underbelly of the situation and analyze. Law had
always fascinated me in one or the other way. It
would just inspire me to reform my personality
and bless me with knowledge. So, I began my practice by interpreting law accordingly.
As far as my inspiration is concerned, I credit my inspiration more to the historical background;
Mahatma Gandhi and even, Pt. Jawaharlal Nehru was a barrister, both being my idols, I have
always taken encouragement from them to be a part of the legal background.
2. What guidance you'd like to give to the apprentices and aspirants of the legal field to become
successful and meticulous in the same?
The aspirants of the legal field have to be hardworking individuals at all costs, they should
never lose hope and be patient throughout. The commitment to this line of work is the main
demand and one should be such as it pays them forever. The dedication to the domain of work
is something like requisite condition and should be met with.
3. How does mooting help ameliorate and refine the students for their legal profession? What
are the mist inherent qualities for being an exceptional mooter?

Mooting in the undergraduate days of a law student really helps a long way. I was myself a
mooter in my college days and it has actually helped me build speaking and argumentative
skills. It has given me a lot of confidence and I personally feel that it is the ‘playground for the
trick of trade’ of legal learning.
A mooter should understand that no he has to stay calm and composed at all times, as no
proceedings are similar and they would get a chance demonstrate their skills. They should be
patient as to listen to what the judge is saying, they should wait for the right time to reflect
their ideas to prove their mettle and their experience to mentors.
AMU Law Society Newsletter 2018-19 [39]

Mr. Ali Chaudhary (Operating Partner, ARZ Law Chambers and Alumnus, Faculty of
Law, A.M.U.):

1. As you know that life in a law college is quite


hectic, so what is that vital piece of advice you'd
give to the students so that they can well - manage
both - the academics and the co - curricular
activities?

My piece of advice for all the students out there is


that they should possess a great presence of mind
in order to stay organized, they should also be able
to manage time well and know their strength and
weaknesses so that they can work upon them. I
was myself very much active in both the domains
and found it very hard, sometimes, to balance
between the both, but once a student learns to
balance between the both. Once a student learns to
do it, he can profit himself in a long way.

2. How far is it substantiated to say that the judges have this responsibility to improve the
general public understanding of the courts and faith in the notion of justice?

For general public, the understanding of the processes of the court can get very difficult and
confusing. In fact, I am of the opinion that man, generally, is alien to the nuances of law. It is
a very tough and tiresome process to ensure that a man understands and believes in the due
procedure of law and attainment of justice. Also, it is very much an undeniable duty of the
judge to ensure substantial justice.
A judge should explain the laws applied in a particular case and the decision resorted to in an
unambiguous manner so as to fixate the general public’s faith on the courts and the notion of
justice.

3. What kind of jobs, interests, hobbies or volunteer activities can a law student pursue during
their law school days?

A law student can have infinite interests, hobbies or volunteering activities during their law
school days. Students nowadays have this craze for participating in the moot court
competitions which is a great venture for building their legal knowledge and adding to their
skillset. They can participate in debate competitions which are usually based on various legal
contemporary issues, they can also participate in various seminars and conferences and write
research papers to have a definite knowledge about a particular legal concept.
When I was in law school, I used to be very active. I was a part of the Literary Club, Law
Society, I was also into debating a lot, I had a knack for moot court competitions and I was
also made a post holder in BR Ambedkar Hall. This helped me a lot in development of my
personality as a student and as an individual.
AMU Law Society Newsletter 2018-19 [40]

Alumni’s Corner

BAN ON TRIPLE TALAQ: Social Eradication

Rizwan Ansari*1
A few years ago, the Hon’ble Supreme Court of India
by its majority in Shayra Bano and Others v. Union
of India and others 2017 SC held that practice of
triple talaq i.e.Talaq ul Biddat is against the spirit of
the constitution therefore it is unconstitutional.
Earlier also Hon’ble Apex Court in Shameem Ara v.
State of UP & Anr 2002 SC held it to be
unconstitutional. The judgment of Shayra Bano was
given by constitutional bench and in Shameem Ara it
was two judges bench.

Triple Talaq or Talaq ul Biddat is a kind of Talaq by which a Muslim man can divorce his wife
simply by uttering “Talaq’’ three times or by saying “I divorce you thrice” and marriage gets
dissolved instantly and irrevocably that is there is no chance for reconciliation.

The origin of Talaq ul Biddat cannot be found in the “Holy Quran” there is no mention of such
talaq in Holy Book also. However, it has been recognized by few schools of Muslim Law
particularly Hanafi School of Islamic jurisprudence. The Shia sect of Islam does not recognize it
and among Sunnis there is also no consensus on it and who recognize that practice of triple talaq
describes it as sinful form of Talaq. It is also said that the Prophet of Islam Muhammad (PBUH)
has also disfavored such kind of talaq.

The Holy book Quran which is a revealed book contains the words of God and is very clear about
the institution of marriage and divorce and specified verses (Aayats) have been dedicated for them.
Quran states “O Prophet, when you [Muslims] divorce women, divorce them for [the
commencement of] their waiting period and keep count of the waiting period, and fear Allah, your
Lord. Do not turn them out of their [husbands'] houses, nor should they [themselves] leave [during

*Civil Judge (J.D.)/Judicial Magistrate, Chakrata, Distt. Dehradun and Alumnus, Faculty of Law, A.M.U.
AMU Law Society Newsletter 2018-19 [41]

that period] unless they are committing a clear immorality. And those are the limits [set by] Allah.
And whoever transgresses the limits of Allah has certainly wronged himself. You know not;
perhaps Allah will bring about after that a [different] matter.” (Quran 65: 1).

The Holy book states about the other forms of talaq such as Talaq ul Sunnat that is most favored
talaq by Prophet of Islam. The word “Sunnat” has significance that is Sunnat was the practice
which usually considered right by Prophet Muhammad therefore, he favoured Talaq ul Sunnat
most appropriate form of Talaq the other reason was that also that there was chance of
reconciliation.

Talaq ul Sunnat is backed by Quran and it has two kinds i) Talaq ul Ahsan i.e. best kind of talaq
in which the talaq is pronounced in a single sentence when the women is under the period of purity
i.e. she is not subject to menstruation cycle. When such talaq is given iddat period starts and after
three months iddat completes and talaq becomes irrevocable. The peculiarity is that during iddat
period such divorce is revocable. Another form of Talaq ul Sunnat is Talaq ul Hasan is considered
to be good form of talaq and it is also revocable during the period of iddat.

Talaq ul biddat was not considered to be good because there was no chance for reconciliation, it
was irrevocable immediately. Even if it has been given out of sudden anger or under the influence
of intoxication it is effective. It has been also noted that the reason of talaq was a petty issue such
as she had not given attention to husband, did not cook food or served him properly even in one
case it was also an issue that she had gone to market without informing her husband. Such instances
suggested that women have no freedom, it is also suggesting the patriarchal and male domination
of our society and women in condition not better than of a slave. By Talaq ul Biddat, the marriage
gets dissolve immediately and under such procedure there is no rescue, no chance to correct the
decision even if they want except by Halala.

The concept of Halala is that if a man who has divorced his wife, wants to marry her again the
wife must marry to another man and such marriage must be consummated and after getting divorce
and observing iddat they can marry again. The Halala procedure was with the object to discourage
the divorce but by that procedure the wife has to suffer pain, she is punished for that offence which
is not committed by her.

It is sociological aspect of society that is combination of families and that family which is initially
formed by two persons as a whole make a nation thus termination of marriage is a serious matter
for family and social life. Though marriage under Muslim law is considered to be a contract but in
AMU Law Society Newsletter 2018-19 [42]

its strict sense it cannot be a contract because not even among Muslims but other communities’
institution of marriage has socio-religious connotations and this is also a bonding of emotions and
feelings between two people.

The practice of Triple Talaq or Talaq ul biddat has been discontinued in many other Islamic
Countries such as Yemen, Jordon, Malaysia, Egypt etc. such practice is regulated by law made by
the state.

The constitutional bench in Shayra Bano case also held that the Parliament should come with a
law to regulate marriage and divorce among Muslims. Now the parliament of India has enacted
The Muslim women (Protection of Rights on Marriage) Act, 2019 to make Talaq ul Biddat a
criminal offence and punishment for giving Talaq ul Biddat is set upto to three years’
imprisonment. As per the Act such offence is cognizable and Non- Bailable and the Magistarate
before granting the bail to husband has to listen to the wife. The marriage does not terminate thus
it subsists even after pronouncing the said kind of Talaq.

By the decision of Shayra Bano case and in presence of adverse legislation to Islamic
jurisprudence, the social change and awakening among Muslims has also to be noted, such change
has been accepted by Muslim community wholeheartedly. Since the decision of Shah Bano case
as then there has been hue and cry and controversy that time and the government has to come with
a legislation to curb the effect of Shah Bano case but now the situation is changed and the
government is legislating to further the decision of the court. Now we are moving towards to form
such society which has been imagined by fathers of Constitution i.e. egalitarian society.
AMU Law Society Newsletter 2018-19 [43]

CASTE SYSTEM IN INDIA: IN NEED OF ABROGATION

Sheeba Khan*2

“The saints have never, according to my study,


carried on a campaign against caste and
untouchability. They were not concerned with the
struggle between men. They were concerned with
the relation between man and god. They did not
preach that all men were equal. They preached
that all men were equal in the eyes of god - a very
different and a very innocuous proposition, which
nobody can find difficult to preach or dangerous
to believe in.” ― Dr B R Ambedkar

Irony is this that we are still in need of discussing


and writing about this “social evil” even in 21st
century in a “Largest Democracy of the World”, it
would rather be a sigh of satisfaction if I would be writing upon “CASTE SYSTEM IN INDIA: A
HISTORY”., On the one hand we are stepping on Moon and Mars and on the other hand we are
denying even “access to roads” to the human beings that we call “the untouchables”. From where
this concept of “caste system” generated is a long history about which we all are aware as it has
always been a part of our “Modern Secular Education System”.

“Caste” not a new word , having impact on almost each and every aspect of our social life either
be in our worship, rituals, way of living, eating habits, marriage, divorce, cremation, everything
goes as per our “caste”. Thousands of caste, the upper caste, the schedule caste, the pious one, the
untouchables and a concept of Other Backward Classes (OBC). In India we cannot confine caste
system prevailing in one particular religion only, it is prevailing in almost in every religion either
be in Hinduism or be in Muslims or we may call it “castes within religions”. India is having a
history of conversion from one religion to another and that was probably done by the people at
that time going through societal snub but our society kept on disgracing them on the basis of their
profession.

* Advocate, Supreme Court of India and Alumnus, Faculty of Law, A.M.U.


AMU Law Society Newsletter 2018-19 [44]

Even today if we visit some of West Uttar Pradesh small towns we can see a clear partition of
people residing in separate Mohallas (Localities) as per their profession, for example the Mohallas
of Schedule Caste are still lying at the outskirts of the town even though they are now having well
maintained buildings/ pakka houses, road and electricity facilities as many of them are now being
highly educated and doing outstanding in different sectors. But question is, why still a separate
Mohalla that too at the outskirts of the town? Whereas, the “upper caste” both either in Muslims
or in Hindus are residing at the main town area with their old structured jolting houses with lower
education level; meaning thereby that they are still delighted with a tag of “upper class”. So, if
we are not ready to kill this deep rooting medieval rigidity than we do not have any right or
authority to raise our voice against “Reservation”, which was introduced to somehow compensate
the historical atrocities and injustice faced by them for centuries.

DENIAL OF LEGAL SANCTITY TO CASTE SYSTEM

Our very own Constitution and law of land nowhere approved “caste system”, discrimination on
the basis of caste, creed, sex, religion, than why are we still burdened with this stigma of “caste”,
who is responsible, our administration or our law enforcement machinery or we, as a society, who
are not ready to break this self-esteemed historical superiority.

Our Constitution declares and prohibits discrimination on the basis of caste, place of birth, sex and
religion as enriched in Article 15, right to equality in Article 14, Article 17 declares
“untouchability” as illegal, Article 21 gives “Right to life and personal liberty” , we are gifted
citizens of India with a long list of fundamental and constitutional rights and all aforementioned
Articles are having widest possible interpretations given in so many historical judgments of
Hon’ble Supreme Court of India. Moreover, the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, (SC/ ST Act) was also introduced in order to check and deter
crimes against members of scheduled castes/ scheduled tribes by persons belonging to other
communities. State Governments and Union Territory Administration are primarily responsible
for prevention, detection, registration, investigation and prosecution of all crimes against SCs/STs
within their jurisdiction.

Under Article 338 of the Constitution of India, National Commission for Scheduled Caste and
National Commission for Scheduled Tribes have been established for effective implementation of
constitutional safeguards given to the SCs/STs, wherein the regional offices of Special Officers
also known as Commissioners for SCs and STs have been established throughout India . National
AMU Law Society Newsletter 2018-19 [45]

Human Rights Commission (NHRC) is also there either to take suo motu cognizance and to
entertain the applications/complaints pertaining to the crimes against the members of scheduled
castes and scheduled tribes. NHRC can also ensure the payment of compensation to the victims of
caste system through State Authorities. Moreover, our judiciary is also active in taking suo motu
cognizance of the issues relating to violation of fundamental rights and crimes against SCs/STs,
Madras High Court took suo motu cognizance of a recent incident in Vellore, Tamil Nadu, where
the upper caste men did not allow the funeral procession of a Dalit man, High Court sought
clarification of the incident from the District Collector.

The aforementioned facts (not elaborated though) clarifies that nor our legal system (Constitution
and other the relevant laws) neither our State gives any sanctity to any kind of “caste system”,
which is clearly a debate that the Nation needs to have, it is a social evil which is being used for
political leverage. In all humanity it is difficult to understand the “division of human beings” as if
any of them has planned his or her birth in a particular “caste”.
AMU Law Society Newsletter 2018-19 [46]

Student’s Corner

Interview by Naba Khan, Joint Editor, Law Society

Hon’ble Mr. Justice Attau Rahman Masoodi

Justice Masoodi said that the legal profession is as high


as sky, having no limits known... and with time it has
evolved... it is evolving and will continue to evolve. So,
step in it and be a part of an evolution.

Hon’ble Mr. Justice Attau Rahman Masoodi is a sitting


judge of the Allahabad High Court. He visited Aligarh
Muslim University to attend the Sir Syed and Surana and
Surana National Criminal Law Moot Court Competition
as one of the judges of the final round where he
exclusively spoke to Naba Khan, Joint-editor, Law
Society.

The very first question I would like to ask is how your experience was, attending a
programme in Aligarh Muslim University......the quality, student participation, and every
other thing that you might have noticed?

AMU has always been an inspiring experience.

This time the students were deeply involved for making programme a success, the teachers are
cooperative and it was the fruit of their persistent hard work that it came out to be a successful
event.
AMU Law Society Newsletter 2018-19 [47]

Sir, law as a career at present is underrated and often students after completing 12 th fail to
firmly stick to the decision of pursuing a career in law.... What were your confusions and
hindrances’ and how did you make up your mind, that yess... this is the field you want to
plough your crops in?

Frankly, law was never on my mind... I wanted to be a teacher. It was the destiny that wanted me
here, that after all the efforts I made, I failed to secure admission in Physics and Chemistry... I got
rejected the J&K University and I got late while it was in AMU and so I was not offered an
admission in here. It was at that time when I came to Aligarh one of my seniors suggested me to
pursue law and another person who was from my state, Dr. Sainullah Parwaaz, an ad-hoc lecturer
then, said that law is the field where sky is the limit, that is what convinced me to pursue career in
Law.

And this is what I would like to tell to the coming generation that the legal profession is as high
as sky, having no limits known... and with time it has evolved... it is evolving and will continue to
evolve. So, step in it and be a part of an evolution.

After completing law, was there anything in your mind that you wanted to change and work
for as you stepped in the professional life?

Yes... one thing that I had always witnessed was that the lawyers charged their clients highly and
intentionally dragged the case for long... ‘tareekh pe tareekh, tareekh pe tareekh..’ and I guess that
is one of the chief reasons that there are huge number of pending cases in the system. So, this I
wanted to work for at least in my capacity and bring as much change as possible that there will be
no unnecessary stretching of cases for years and years and deliver justice as quick as possible.

There is a tendency in students that they do not participate in extra-curricular activities like
moot court competitions, debates, youth parliaments etc. and avoid interning, when they
have made up their mind to go for judiciary. What is your opinion on the same?

These competitions are very significant part of your confidence building which pays both to a
judge and equally to a lawyer. Thinking that a judge has nothing to do with speaking is incorrect.
You can be good judge only when you have a command over your language and your expressions.
An expressionless judge will not be able to sustain the judicial system.
AMU Law Society Newsletter 2018-19 [48]

It is said that ‘Justice should not only be done, it should be seen being done’ and in light of
this it is generally believed that Judges don’t have a social life. How would you comment
upon it?

The quote has a different import and has nothing to do with the social life.

A judge’s life has two aspects, one is social life and the other is institutional life. In the institutional
life the judges can only emerge as a worker touching the highest values while delivering justice.
As long as one is delivering justice in accordance with the law, we need not to worry as far as our
private lives are concerned.

Anything you would like to share with the students, about your experiences or mistakes that
you might have committed at your age and you would like the others not to commit the same?

Do what you actually want to do. Do not blindly tread the path lead by others, make your own
path. Going with the flow may provide you with good but going against it is the real fun. The part
of this profession is that sailing with the flow will not give you the taste of life, true adventure lie
in flowing against the current.
AMU Law Society Newsletter 2018-19 [49]

Case Note by Areeb Uddin Ahmed, Joint Editor, Law Society

THE UPHAAR CINEMA FIRE TRAGEDY:

(Association of Victims of Uphaar v. Sushil Ansal and Anr.)

On June 13, 1997 a fire broke out in one of the most visited building in Delhi, Uphaar Cinema.
The cinema was owned by the Corporate Giants ‘Ansal brothers’ who were to be blamed for this
negligent act. I believe that after 19 long years and 1 month, the courtroom was not able to deliver
justice to the Victims, as there were 59 lives which were lost during the course of incident. The
FIR was lodged on the complaint of the security guard and charges were framed against the
managers of the Uphaar cinema, section 304-II was imposed that is culpable homicide not
amounting to murder.

Half hearted judgment

Association of the Victims of Uphaar Tragedy (AVUT) was fighting for ‘justice’ and not for
monetary gain. This was an association made by the families who lost their loved ones in the
tragedy, one of them was the ‘Krishnamoorthy’ family who lost their children and initiated the
fight against the Ansals. In India, we don’t have a codified tort law, that means that every
compensation shall be recovered through a civil suit and in this case too, the compensation which
AMU Law Society Newsletter 2018-19 [50]

was awarded by the court was ‘Sixty Crores’ and imprisonment for 1 year, and the reason which
was given by the courts was the ‘old age’ of the Ansal brothers, but what about those who have
lost their lives?

Who is to be blamed?

As per the records the Delhi Vidyut Board and Delhi Fire Service, visited the cinema twice because
the first time they temporarily fixed the problem but the little spark from the basement which they
fixed was not sufficient enough and it was the main cause behind the incident. Then as smoke and
carbon monoxide engulfed the balcony, the patrons began to suffocate and there was complete
pandemonium. The Ansals who owned the cinema got sanctioned some additional seats in the hall,
but the safety guidelines were never kept in mind and all the safety rules were violated because
the sanctioning was not according to the order, there were some more additional seats which even
blocked the exit gate, which was one of the main reason behind the incident itself.

The ‘Common man’ show

The battle was not easy, at that time Ansal brothers were one of the well known corporate giants.
But the ‘Krishnamoorthy’ family who lost their Unnati and Ujjwal was the main sole of this battle.
Even K.S. Tulsi fought this case pro bono for the victims and made every effort to fetch justice. It
took nineteen long years for the families to fight this one sided battle, but there are some lessons
which Uphaar taught us. In another incident when a former judge of the Madras High Court who
missed a flight due to negligence of the airline’s staff, was compensated with Rs. 5 Lakh for only
the ‘mental agony’ which he faced, this example was cited by Neelam Krishnamoorthy to show
the disparity in time, as in the former case it only took two years and in the Uphaar case, the justice
is still on its way.

To conclude it can be stated that Uphaar incident was one of the most horrifying case which shook
the Nation and for the very first time the Corporate giants were challenged by the common people.
In their book – Trial by Fire, by the Krishnamoorthy’s have concluded their struggle by this
priceless nazm:

“Baney hain ahel-e-hawas muddai bhi, munsif bhi Kise wakil Karen, kis-se munsifi chahen :
Facing those power crazed that both prosecute and judge, to whom does one turn for protection,
from whom does one expect justice?

~ Faiz Ahmad Faiz


AMU Law Society Newsletter 2018-19 [51]

Article by Mallika Kapoor, Joint Editor, Law Society

MARITAL RAPE: WHETHER MARRIAGE IS A LICENSE TO RAPE?

“Her friends used to tell her it


wasn’t rape if the man was her
husband. She didn’t say anything
but inside she seethed; she wanted
to take a knife to their faces.”
-F.H. Batacan

“Truth: Rape does indeed happen between girlfriend and boyfriend, husband and wife. Men who
force their girlfriends or wives into having sex are committing rape, period. These laws are blurry,
and in some countries marital rape is legal. But it still is rape.”

-Palti Feuereiseu

Masochism finds its most deplorable yet prevalent manifestation in the form of marital rape,
camouflaged behind the iron curtains of marriage within the Indian society. This nefarious
encroachment upon the dignity, modesty and self- esteem of the women has indisputably scarred
the sanctity and trust in the unsullied and pious institution of marriage.

Marital Rape has been defined in the case of Nimeshbhai Bharatbhai Desai v. State of Gujarat, as
the undesirable and unwanted coercive intercourse by a man with his wife procured by force or
physical ferocity when she eschewed from according the consent for the same. It is a non-
consensual act of vicious perversion wherein the wife is physically and sexually assaulted and
abused by her own husband.
In an attempt to explicate the very pervasiveness of this dreadful assault, the scholars have
propounded the three leading theories of social construction, sex- role socialization and the
feminist theory. The social constructionists advocate that marital rape is the demonstration of the
men's desire to retain the ascendancy that they had exerted all through the centuries. The sex- role
socialization theory suggests that the adoption of the exaggerated traditional sex- role norms leads
AMU Law Society Newsletter 2018-19 [52]

to marital rape while the feminist scholars argue that marital rape exists as a form of control and
dominance over women. Though the above mentioned theories give their respective versions as to
how marital rape comes into picture but at the same time they fail to deal with the nuances of
terminating this gruesome yet socially justifiable practice.
According to the recent National Family Health Survey (2015- 16), an appalling 31% of the marital
women in the country have experienced physical, sexual and emotional turbulence in their
matrimonial relationships at some point in their lives. Indeed, the statistics can be aggravating
when they manifest such abhorrent realities. The unforgettable scars of the incidents, the trauma
of being victimized by her husband whom she had married with full belief and the consequential
attenuation of her health and well-being are all the culmination of this grave offence.
It can be unequivocally avowed that the repercussions of rape committed on a woman by her
husband can be far more emotionally devastating than the sexual assault inflicted upon her by a
stranger as married relationships become increasingly vulnerable due to a loss of trusts between
the intimate partners as a natural corollary to such an act of brutality. Nevertheless the wife is still
expected to remain silent about her sufferings and is intimidated to continue the spousal
relationship by the husband and the family members.

It has been quoted in the case of Joseph Shine v. Union of India that the individual dignity has a
sanctified realm in a civilized society.

The civility of a civilization procures warmth and respect when it respects more the individuality
of a woman. The said concept gets a further accent when a woman is treated with the real spirit of
equality with a man. Any system treating a woman with indignity, inequity and inequality or
discrimination invites the wrath of the Constitution. Any provision that might have, few decades
back, got the stamp of serene approval may have to meet its epitaph with the efflux of time and
growing constitutional precepts and progressive perception. A woman cannot be asked to think as
a man or as how the society desires. Such a thought is abominable, for it slaughters her core
identity. The continuum of such vandalisation of the human rights of the women engenders from
the sexist beliefs and values and imbalances of power in the society between the two genders,
wherein the victim is repudiated of her very self- determination and individual identity.
Section 375 of the Indian Penal Code codifies the definition of Rape and criminalizes all forms of
sexual assault without the consent of the woman but exception 2 to the same states that even an
unwilling sexual intercourse by a man with his own wife is not a rape if the wife is above fifteen
AMU Law Society Newsletter 2018-19 [53]

years of age thus immunizing this most common and offensive form of humiliation in the Indian
society from prosecution. Exception 2 of section 375 IPC reads as follows:

‘Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is
not a rape.’

Apparently, the legislation seriously fails to protect the massive violation of the fundamental right
of freedom of married women as the wife is presumed to have furnished a perpetual consent to
enter into an intimate relationship with her husband after the marriage is solemnized. The
legislation seems to circumvent its obligation by demeaning the women to the position of an object
of mere sexual gratification for the men and tends to engender a bogus and fictitious distinction
between the married and unmarried women.

In the recent case of Independent Thought v. Union of India, it was held that the sexual intercourse
with a girl below 18 years of age is deemed to be rape regardless of the fact that she is married or
not and that the exception carved out in the IPC fosters an unnecessary, arbitrary and artificial
distinction between a married girl child and an unmarried girl child and is therefore liable to be
struck down.

The United Nations High Commission for Human Rights published the Declaration on the
Elimination of Violence against Women back in December 1993 which is not fully conceded by
all the UN member states. The countries like Poland (1932), Czechoslovakia (1950) and Soviet
Union (1960) were amongst the first to criminalize the engagement in this inhumane activity. India
is one of the thirty- six countries that haven’t criminalized marital rape as yet.

RIGHTS VIOLATED BY THE LEGISLATION:

The Exception 2 to the Section 375 of IPC is in violation of the Article 14 of the Indian Constitution
which ensures that ‘The state shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India.’

The exception also infringes the fundamental right enshrined in Article 15 of the Indian
Constitution which states that ‘The State shall not discriminate against any citizen on grounds only
of religion, race, caste, sex, place of birth or any of them.’
AMU Law Society Newsletter 2018-19 [54]

The legislation fails to dispense equal protection to all women irrespective of their marital status
by fabricating two virtual stratums of women. The repercussions of this inhumane infliction cannot
be vindicated for the reason that the offender is the husband of the women as marriage is no license
for rape or sexual harassment of the women.

This exception also tends to transgress the very purpose of the Article 21 of the Constitution which
says, ‘No person shall be deprived of his life or personal liberty except according to the procedure
established by law.’ This right also encompasses the rights to health, dignity, safe environment,
safe living conditions and privacy. Marital Rape is the catastrophe of all the aforesaid prerogatives
of any married women, robbing her of all the basic human rights as well.

It also squabbles with the provisions of POCSO (Protection of Children from Sexual Offences Act,
2012) which is a special law for the protection of girl child.

CONCLUSION AND SUGGESTIONS:

Consent is therefore, paramount and dearth of the same is well enough to transmute a marital
intercourse to a marital rape. One needs to understand that marriage is no sanction for the men to
rape their wives or force them to enter into a physical relationship with them. Mutual respect and
consideration for each other are the most quintessential for the sustenance of any relationship and
marriage is no exception. There is a pressing exigency for the criminalization of Marital Rape in
India through an amendment in accordance with the recommendations made by the Justice Verma
Committee obliterating the vague and arbitrary Exception 2 to the Section 375 of the IPC. Also
marital rape should be allowed to form a direct ground for pleading divorce through amendments
in the various personal laws. The parliamentarians must endeavor to shun the archaic laws of the
Victorian Era and enact new legislations to deal with such heinous crimes indemnified by the
tenets of the society.
AMU Law Society Newsletter
2018-19

About the Newsletter

This newsletter is a combination articles and interviews from students, academicians and reputed
legal professionals practicing in the field of Law. This would be the second volume of the
Newsletter; the main objective behind the Newsletter is to disseminate knowledge relating to
contemporary legal issues.

About the Editor


Suhail Khan is pursuing B.A.LL.B. (Hons.) IV year at Faculty of Law,
Aligarh Muslim University. He is the Editor of A.M.U. Law Society
Review and Newsletter 2018-19. Earlier, he has contributed to reputed
national and international journals. He is enthusiastic, has a motivating
drive and good analytical skills.

About the Joint Editors

The Editorial Board comprises of 5 Joint Editors headed by the Editor, Law Society himself. The
Joint Editors Areebuddin Ahmed and Mohd. Arman are are pursuing B.A.LL.B. (Hons.) IV year,
Naba Khan and Md. Asadullah are pursuing B.A.LL.B. (Hons.) III year and Mallika Kapoor is
pursuing B.A.LL.B. (Hons.) I year.

A.M.U. Law Society


Faculty of Law
Aligarh Muslim University
Aligarh-202002
Uttar Pradesh (India)

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