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KLELCB NEWSLETTER | 19TH NOVEMBER 2020 | ISSUE NO .

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KLE SOCIETY'S LAW COLLEGE, BENGALURU

NEWSLETTER

About Us Principal's Message


KLE Society's Law College
Bengaluru Dr. J. M. Mallikarjunaiah
KLE Society’s Law College was established in 1975. The college B.A., B.ED. LL.M., PH.D.
is recognized by the Bar Council of India and is affiliated to the Hearty greetings to all,
Karnataka State Law University, Hubballi. The Law College started I am immensely happy to see the first issue of the newsletter for the
with three-year LLB degree in 1975, in 1996 a five-year academic year 2020-21. I am glad in particular for the variety of
integrated degree in BA.,LL.B was introduced. Another five-year programmes and writings of highest quality and relevance to the
integrated course in BBA.,LLB was introduced in 2011 to meet contemporary days.
the requirements of globalised corporate world and prospective I thankfully acknowledge the untiring effort and congratulate the
corporate lawyers. From 2017 BCom.,LL.B and LLM courses are editorial team for this splendid work.
being offered to meet the needs of aspiring students. The While I take the pride in forwarding the first issue of the newsletter, I
college also offers various Certificate and Diploma courses in humbly request all the esteemed readers for your valuable feedback.
law. Further, to meet the requirement of the globalised world the
college proposes to offer other Certificate courses and Diploma E v e n t s / A c t i v i t i e s @ K L E L C B
courses in Mergers and Acquisitions, Commercial Arbitration, W r i t e U p ' s
Consumer Law, Sports Law, Media Law and Competition Law, etc..
Over 43 years of existence, the College, has always kept pace U p c o m i n g E v e n t s
with the time and changing trends and demands. The new campus
is probably the best platform in the entire South India for
E m i n e n t P e r s o n a l i t i e s

students to stage their highest performances, while for teachers A l l A b o u t B o o k s


their wisest expressions and transfer of their expertise, W h a t 's G o i n g O n ?
experience and very existence. I n C o n v e r s a t i o n W i t h

Editor's Desk
Dear Readers, law must know and learn from as well as a section on the most important
On this day, the 19th of November 2020, the Newsletter Committee of events that have happened recently. Further, our student members have
K.L.E Society’s Law College is proud to present to you, the first issue of conducted an interview with a young achiever of this college whose hard
the quarterly newsletter of the college. Since this is the first time the work and strategy will surely inspire her colleagues.
college is publishing a newsletter, we decided to get creative with it and The Pandemic has not dampened our spirits; the members of the
deliver to you a document that would help inform and shape opinions and Newsletter Committee met through Zoom Meetings multiple times over
at the same time is fun to read. We recognize that our target audience the last month to ensure that the date of publication was not pushed,
are young and budding lawyers who need to be intellectually stimulated and I must thank each of the student members, from the bottom of my
with conversations about current events and have a platform to express heart for their unwavering support and consistent efforts to complete all
their opinions and engage with each other. We are pleased to inform that the tasks assigned to them on time. I must also thank each of my
we received many submissions from our student community and we colleagues who are members of the committee and who have perhaps
picked the best of the lot to be published. worked much harder than I have, to put together this brilliant piece of
In the Newsletter, you will come across updates on all the activities that work. I must also thank our IQAC Co-ordinator, Dr. Manojkumar V
the college has conducted in the past three months, which we hope will Hiremath, for the Newsletter is his brainchild and without his constant
inspire you to participate in the upcoming ones. The Newsletter also has motivation and support, it would have been a distant dream. Finally, I
a column where the students and faculty of the college have shared their must thank our Principal, Dr. J M Mallikarjunaiah, whose kind grace and
ideas on topics and books that hold an interest for them and we hope quiet encouragement makes us want to do better and build a vibrant
that in the coming issues the column will become a platform for the institution.
KLELCB community to engage in healthy discourse. We have also I hope this issue makes an impact on anyone who reads it and I look
devoted a section to famous legal personalities that every student of forward to more contributions for the next one. Happy Reading!

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KLELCB NEWSLETTER | 19TH NOVEMBER 2020 | ISSUE NO . 1

Events/Activities @ KLELCB
Independence Day Celebration
15-08-2020
Mr. Rajendra Kulkarni, Explore Consultancy guest of the programme
spoke about diversity and unity in KLE campus. He pointed out that a grim
face will only bring distress, unlike smile, which is contagious. Mr. Prasad
Hiremath, Assistant Professor, in his address, demonstrated India’s
commitment to fraternity and tolerance embedded in the principle of
Vasudaiva Kutumbakam’. He drew attention towards the National
Integration Council, established to counter communalism, and
regionalism.
Mr. Ayush Jha, Assistant Professor, stressed on the need for one to
choose the words wisely while communicating and appealed everyone to
be respectful towards fellow beings. He reminded us that the
Government, and most importantly, citizens, must maintain peace and
harmony in the country. Dr. J.M. Malllikarjunaiah, the Principal, pointed out
that the observance of Sadbhavan Diwas is mere tokenizing, and
appealed everyone to practice the pledge in our day to day life to make it
substantial. He advised us to raise our standard of life and not just the
The republic of India gained its independence from the rule of the standard
thanks.
of living. Ms. Thilaka, Assistant Professor, proposed the vote of
Britishers on 15 August 1947. Since then, the glorious day is celebrated
with great fervor as Independence Day, symbolizing patriotism towards
our country, serving as a reminder of the sacrifices made by freedom
fighters.
Faculty 01-09-2020
Development Programme
to 04-09-2020
The auspicious day began by hoisting of the flag by our respected
Principal Dr. J. M. Mallikarjunaiah at 9.00 am. The teaching and non-
teaching staff assembled with utmost pride in the college campus for
the flag hoisting ceremony. The ceremony witnessed the singing of the
national anthem by the faculties, Dr. Mahantesh M., Assistant Professor
and Ms. Anusha V, Assistant Professor with utmost reverence and pride.
Soon after the flag hoisting ceremony, faculties Ms. Zeenia S and Dr.
Chaitraprasad spoke briefly sharing their insights reflecting the
importance of the day by remembering of freedom fighters and
heightening patriotic fervor. This was followed by a vote of thanks
rendered by Ms. Meghana, Assistant Professor.
Sadbhavana Diwas
20-08-2020 The first day session started with the opening speech of Dr. Manoj Kumar
Hiremath, who talked about the peer guided workshop on outcome-
based education. His speech highlighted the need to aid students on how
to do certain things, rather than just informing what to do. Mr. Ashwary
Sharma, further detailed about the ways to achieve outcome-based
education through scientific methods. He discussed what outcome-
based education is, and how tools like course plan can be utilized to
achieve the desired outcome.
In the afternoon session, Mr. Harsh conducted an interactive session
filled with activities, which helped the faculty to understand the making
of the course plan and the lesson plan. There was also a discussion on
outcome-based education which was described as an education that
bases each part of an educational system. Later on, a session was held
on the theme “Scientific Process” by Mr. Ashwary Sharma, where
Sadbhavan Diwas is a day to cherish good feelings for others. It reminds discussions were held on the process which delivers outcomes.
us that as Indians, we should maintain love, peace, and communal The second day of the programme started with Mr. Ashwary Sharma’s
harmony among all religions. The celebration of Sadbhavan Diwas was session, which was interactive and full of activities. The lecture was an
commenced by taking a pledge, administered by Mr. Tanmay J. Patil, eye-opener to understanding the rework on the lesson plan, components
Assistant Professor, followed by an invocation song by Ms. Anusha M. in a lesson plan, objectives, course outcome, teaching method, drafting
Virupannanvar, Assistant Professor. Ms. Simona Waheed, Assistant of lesson plan etc. Further, Dr. Manoj Kumar Hiremath delivered a lecture
Professor, as the first speaker of the day, gave a brief history of the on identifying the methods to achieve the course outcome and lesson
importance associated with Sadbhavan Diwas. She urged us to outcome.
remember that the next person is as much an Indian as we are, and The theme for the third day’s first session was outcome-based
further, emphasized on the need to celebrate our differences in our education. There was an activity in which Dr. Mahesh, shared his
dialogues, debates and discourses. Her speech reiterated the fact that experience as an NCC cadet, and how he was taught to raise his voice to
our diversity is our strength. reach out to the people. There was a further discussion on the

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KLELCB NEWSLETTER | 19TH NOVEMBER 2020 | ISSUE NO . 1
framework of outcome-based education and course objective. Later on,
Ms. Sharda, Ms. Simona and Mr. Ayush were asked to share their National Level Webinar
12-09-2020
on Labour Laws
experience of making their course plans. The afternoon session had Dr.
Manoj Kumar Hiremath posing a set of questions for the audience with
regards to preparing a lesson plan and the questions that come to one's
mind while preparing the lesson plan.
On the final day of the programme, Mr. Ashwary Sharma engaged the
faculties in a discussion on subjective and descriptive assessments.
There was further discussion on problems with subjective and
descriptive assessments. The programme concluded with the vote of
thanks by Dr. Manoj Kumar Hiremath.
Induction Day
07-09-2020

Prof. Babu Mathew has been a faculty member of NLSIU right from its
founding days and has also served as its registrar. He held the
Government of India Chair on Juvenile Justice and was also appointed as
chairperson for National Commission for Child Rights. Sir has been
awarded Nehru Fellowship to undertake projects which involve in-depth
study of current problems relevant to our society. He presently teaches
the students pursuing the Masters in Public Policy program, for which, he
is also the chairperson along with the Institute of Public Policy. He has
visited 48 countries and is also the Director for the Centre for Labour
Induction Day program was organized by KLE Society’s Law College, Studies at NLSIU.
Bangalore on 7th September 2020. The Chief Guest for the event The welcome speech was delivered by Mahantesh B Madiwalar, Faculty
was Hon'ble Mr. Justice H.Billappa, Former Judge, High Court of Member. Prof. Babu Mathew delivered a lecture on the problems faced
Karnataka. by the workers of the unorganized sector in India. He pointed out how the
The program began with the introduction and welcoming of the chief governments in the past six to seven decades have failed to improve the
guest by Dr. Anita M J, the Academic coordinator. Thereafter, Hon'ble labour sector. The dire need to come up with policies protecting the
Mr. Justice H.Billappa addressed the new batch and conveyed a interests of labourers during the unprecedented times of Covid-19 was
message that learning is a process and we all are learners throughout highlighted in his lecture.
our life. He discussed the importance of law and the Constitution. He Dr. J M Mallikarjunaiah, our beloved Principal, in his remarks, stated that
also appealed to the students to integrate and inculcate the research the government should take initiatives to reform the labour laws. Vote
skill which is an essential component and a vital requirement to be of thanks was delivered by Mahantesh B Madiwalar, Faculty Member.
cohesive in and as a society. He asked the students to utilize the
resources available on the campus and enhance their analytical and
critical thinking skills to become able and efficient lawyers. Hon'ble Webinar on Fundamentals
25-09-2020
of Mooting
Mr. Justice H.Billappa also released Chiguru, the Annual magazine.
Further, the Principal, Dr. J M Mallikarjunaiah welcomed the students
to KLE family and guided students to focus more on building a strong
academic career and to utilize facilities available on the campus. He
also encouraged students to take an active part in various activities
conducted in college for their overall growth. He congratulated all the
students for choosing legal studies and marking their journey from
KLE Society’s Law College, Bengaluru.
Dr. Manojkumar V Hiremath gave an insight into the various college
activities conducted for the holistic development of the student.
Alumni Chaitra, Leelesh, Madhu shared their experience and journey in
the college and encouraged the students to participate in various
activities. Mrs. Soumya, Assistant professor, gave a brief
introduction of the Teaching and Non Teaching staff of the institution In introducing students to mooting, essential questions like what
to students and parents. Mr. Vivek, Assistant professor, gave the mooting is all about, and why students should moot is answered. Further,
glimpse of the achievements of the students in various curricular, co- the students were enlightened about the types of moot one should
curricular and extracurricular activities. Mr. Ayush, Assistant choose, and the process of making a team.
Professor, gave details about the student support facilities available IRAC rule of drafting was explained to students along with giving insights
in the college. Mrs. Deepa, gave information about the about legal research and formatting the memorial. Dos and Don’ts that
commencement of classes and how the online classes will be one must follow to be adjudged as Best Memorial were explained in
conducted. Mrs. Sharada K S, Assistant Professor concluded the detail.
program by giving a vote of thanks. Students were enlightened about how to prepare for oral rounds and the
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KLELCB NEWSLETTER | 19TH NOVEMBER 2020 | ISSUE NO . 1
common mistakes one must avoid in oral rounds. Courtroom etiquettes
and mannerisms, addressing the bench, responding to bench’s quaries Legal Awareness Programme
02-10-2020
were discussed in this session. The session was interactive where
students could resolve their doubts.
Gandhi Jayanti and Lal Bhadur Shastri
Jayanti Celebration
25-09-2020

On the 116th Birth Anniversary of Lal Bahaddur Shastri, and 151st


Birth Anniversary of Mahatma Gandhi, the college Legal Aid Cell Unit
visited the NGO True Light International Trust Orphanage Home. The
visit consisted of Student Volunteers and Faculty Members including
but, not limited to Faculty Members Sharada Jayanth, Zeeniya,
The KLE Society’s Law College, Bengaluru celebrated Gandhi Jayanthi Shubha, Tilaka, Meghanak, Ankita Pande, RudraGowda, Vivek Hegade,
and Lal Bahadur Shastri Jayanthi on 2nd October 2020. Faculty Dr.Chaitaprasad and Mahantesh B Madiwalar. The College Student
members, Dr. Mahantesh Madiwalar and Ms. Anusha V commenced volunteers and Faculty Members interacted with the Orphan
the program with an invocation song. Ms. Soumya N M, a faculty, Students to create legal literacy and awareness by showing charts
member delivered the welcome address. and explaining bad habits and their impact on health. After the
Dr. Anita M. J, the Academic Coordinator, delivered the keynote interactive session, the Faculty members organized games and
address. Her speech focused on the lives of both the personalities distributed sweets among those present before heading back.
and how they inspire people with their moral values, simplicity and
contributions to the freedom struggle. Expressing her views on Orientation Programme
12-10-2020 to 14-10-2020
Mahatma Gandhi, she opined that the weapon of nonviolence and
Satyagraha during freedom movement stand as a testimonial to be
followed in present conditions. She appreciated the simplicity of Lal
Bahadur Shastri and his contribution to the Indian Economy in his
short span of tenure. She admired Shastriji’s administrative
efficiency and how he handled the food crisis that India faced due to
the war during his period. Lal Bahadur Shastri’s drive to strengthen
the Indian agriculture sector through the green revolution to make
India self-sufficient to meet its food requisites were also highlighted
by her speech.
The keynote address was followed by a speech from Ms. Deepa H,
Admission Counsellor. She enumerated the reading habits of Gandhiji
and how it influenced his thoughts. She identified how Gandhiji’s
The Orientation Programme for the newly inducted students of I BA LL.B/
thoughts reflected the values he followed, which, later led to
BBA LL.B/B Com LL.B was conducted from 12th October 2020 to 14th
securing the freedom from colonial rule peacefully. October 2020.
Taking it forward, Vivek Narayan, faculty member, gave his insights
Mr. Abhilash Thomas, CEO Indus Viva Health Science Pvt Ltd., delivered a
on the contributions made by Lal Bahadur Shastri as Prime Minister
lecture on “Entrepreneurship Skill for law students” in the first session of
of India. His comparative analysis of Pandit Nehru’s administration
the programme on 12th October. In his lecture, he addressed the
with that of Shahstriji’s administration was thought-provoking. The
students of all three streams, sharing the experience of his journey as an
farsightedness that Shastriji displayed in his short tenure as Prime
entrepreneur, and highlighting his failures and success. He advised the
Minister by implementing various programs to move India towards
students not to let fear take the failure.
economic growth was brought to light in his speech. Dr. Vishnuprasad, Asst. Prof, TNNLU, delivered a lecture on “Approaching
Dr J M Mallikarjunaiah, the Principal, delivered the presidential
the Legal Education” in the second session of the first day. His lecture
remarks, sighting the values and principles of both the leaders. He
oriented the students towards their approach to legal studies and how to
emerge as successful professionals.
reiterated that their values stand as a testimonial in the current
The third session of the day was conducted by Mr. Rajendra Kulkarni
pandemic situation and following their path would better the socio-
and Team, Xplore Consultancy, on “Communicative Skills and
economic conditions of the country. Ms. Shubha, a faculty member,
delivered the vote of thanks. Personality Development”. By taking the example of his friend, Doug
Landis, who is a quadriplegic and uses his mouth to sketch and paint,
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KLELCB NEWSLETTER | 19TH NOVEMBER 2020 | ISSUE NO . 1
and is a celebrity mouth artist, Mr. Rajendra Kulkarni narrated how sheer will Special Lecture on Food Web, Food Pyramid
can overcome any sort of imperfections. He reminded students of the
proverb “where there is a will, there is a way”. The session mainly aimed at and Seasonal Justice
nurturing the personality of the students to achieve their goals and emerge 12-10-2020 to 14-10-2020
as successful professionals.
Mr. Chaitanya, Advocate High Court of Karnataka, delivered a lecture on
“Legal Profession and use of technology in coming ages” for BBA and B
Com LL.B. He highlighted the importance of staying up to date with the
evolving technology and how virtual courts were able to deliver justice in
even in lockdown times.
The first session on 13th October was conducted by Dr. S R Keshav, Prof,
Dept. of Economics, Bangalore University, Bengaluru, for all three streams.
The topic for the session was “Importance of Economics in Law’, and he
emphasized on the importance of law students having an understanding of
economics and its applications, as economics has changed the nature of
legal scholarship.
The next session of the day was conducted by Nithish N, Advocate of High
Court, Karnataka and also alumni of our College. In his lecture on the topic
of "BEST PRACTICES FOR A LAW STUDENT”, he encouraged the students to
recognize and develop an interest in a particular field. He enlightened the On the eve of World food day, Our college held a lecture on the food web,
students with his practical experience as an advocate and advised food pyramid, and seasonal justice by Dr A.N. Yellappa Reddy, who is the
students to imbibe professional ethics, values, and serve society. Governing Council member for the foundation for the Ecological Security
The third session for BA LLB was conducted by Mr. Hari Ram, Activist of India. Dr A.N. Yellappa Reddy started the lecture by bringing it to the
Advocate and Associate Prof, Alliance University, Bengaluru. He delivered a note of the listeners that the World Food Day celebrated on 16th
lecture on “Relevance of Political Science in Law” and pointed out a how October 2020. The theme of this year's edition being "Grow, Nourish,
strong understanding of political science will help students in Sustain. Together". He expounded on the importance of quality air,
strengthening their law subjects. quality water in our daily life. He educated the listeners about the
The third session for BBA and B Com LL.B was conducted by Mr. A C N prominent role played by the grass family in the ecosystem, which
Murthy, and team by Xplore Consultancy, Bengaluru, on Ethics in Legal contributes 80% of the food we consume from rice, millet, sugarcane.
Practice. The session was mainly on orienting the students to imbibe He brought attention to the actions caused by humans which have
ethical values in their professional journey. wreaked havoc on the ecosystem. The lecture concluded with Dr
Dr. Ashok Patil, Prof, NLSIU, Bengaluru, spoke on the theme ‘Legal Yellappa’s criticism of the widely popular plan to colonize Mars by human
Education and life’ for all the streams. The discussion revolved around The beings.
Consumer Protection Act and its significance in bringing consumer Upon completion of the lecture, Dr.A.N. Yellappa fielded questions on
awareness. various topics relating to COVID-19, adulteration, agro-forestry,
Mr. Aftab and a team from Xplore Consultancy oriented students of all privatization of forests, and gene revolution which were posed by the
three streams on Motivational Skills and Interpersonal Skills. It was an audience. After the completion of the Interactive session, the vote of
interactive session with students actively participating. The main objective thanks was delivered by Assistant professor Mr Chaitraprasad thanking
was to guide them to adapt to the qualities that would help them in the speaker for enlightening the audience with prominent issues of the
emerging as a competitive and successful professional. Food and environment conservation.

Editorial Committee

Dr. J. M. Mallikarjunaiah Dr. Manojkumar Hiremath Ms. Simona Waheed Mr. Tanmay J. Patil Mr. Jayanth Kashyap Mr. Rudragouda M. H. Ms. Meghana U. V. Ms. Zeenia S.
Principal IQAC Coordinator Assistant Professor Assistant Professor Assistant Professor Assistant Professor Assistant Professor Assistant Professor
Chairman Vice - Chairman Coordinator Member Member Member Member Member

Mr. Anagha Narasimha Mr. Yashwanth Nethaji Ms. Simpy Kumari Mr. Om Kishore Kumar Ms. Akanksha J Jain Ms. Sushravya G. Ms. Manasvi Kumar Ms. Vibha Jain
Student Member Student Member Student Member Student Member Student Member Student Member Student Member Student Member
II LL.B. II LL.B. II LL.B. V B.A., LL.B. IV B.B.A., LL.B. IV B.B.A., LL.B. III B.A., LL.B. I B.Com., LL.B.

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KLELCB NEWSLETTER | 19TH NOVEMBER 2020 | ISSUE NO . 1

Write - Up's
Patriarchy and its Subtle gradually relaxing the lockdown measures, countries like France have
started imposing a second lockdown in the wake of the rising number
Manifestations of cases. The virus knows no distinction and affects everyone alike;
whereas, the same cannot be said about the measures taken to
- Ms. Ankita Rituraj prevent the spread of the disease. The lockdowns have exposed the
Assistant Professor of Law deeply layered inequalities that exist in our society. Few were equipped
Even though aggressive manifestations of patriarchy are less seen or to handle the adversaries that lockdown brought, and many succumbed
heard about in today’s time, the subtle forms of patriarchy still exist and to the colossal amount of hardships that arose out of their financial
they are perpetuated consciously or subconsciously by both men and status. When the livelihood of people is at stake, the issue cannot be
women. These practices are so inherent and deep rooted in our system. as simple as earning v. health.
This behaviour seems to be almost natural and organic, or sometimes There have been discussions happening about rebooting many sectors
even fair. These subtle practices are inculcated by individuals from the that have been affected by lockdown. Industries are gradually opening
time when they are born, mostly in the name of religion, culture and up, states are considering to reform labour welfare laws, the academic
practices. Most of the individuals through their practical experience of curriculum has been postponed etc. Amidst all these, enough
the world start reaffirming such practices and, in the process, importance is not given to the unorganized sectors that exist in our
perpetuate them creating a cycle of reaffirmation and sustenance. society. There is no discussion happening about how to compensate
Women’s movements starting in the early 19th century (which includes for their loss. To maintain social distancing, the celebrations of many
both men and women) must be credited to have broken this cycle to a festivals have been regulated, if not prohibited altogether. In our
great extent leading to a change in the perspective. Patriarchal practices country, festivals play a huge part, and they cannot be considered
in its most violent and aggressive form seems to be on a decline with solely as a religious activity. Dussera, which is the state festival of
more women claiming their independence and agency from men. But the Karnataka, provides a platform for handloom and handicraft products to
subtle practices are reflected in people across classes and in all walks of be sold in the exhibition. There are many families which depend on
life. I would like to point out a few such practices. Ganesha festival to sell the idols, and Deepavali to sell the earthen
It is common practice for women across the globe to keep their father’s lamps. The effect of regulating celebrations has devastated their lives
surname as their maiden name and to take up their partner’s surname and livelihood.
(this applies to women who are heterosexual of course) post marriage. A John Maynard Keynes, a British economist, argued for giving
lot of women who take up their husband’s surname say that they do it government money to poorer households, for they are more likely to
willingly because it’s culture and ‘harmless’. As insignificant and spend it rather than saving it. Since we cannot do away with the
harmless as it may seem, there is no denial of the fact that such a physical distancing measures, it is in the best interest of the economy
practice is reflective of the superior treatment of men and the names that the government pay heed to the problems of marginalized workers
they carry and little or zero respect for a woman’s identity. and provide monetary assistance to them. They represent the true
Another problematic practice is celebration of those festivals where essence of self-reliance, and one cannot build “Atmanirbhar Bharat” by
women fast for the longevity of their husbands and hand it down to their neglecting them.
daughters in the name of culture. Sure,
this seems to be a harmless practice, prevalent around us and portrayed
artistically in the movies but it stands tall for the flawed idea that the
worth attached to the life of a man is so much more than of a woman’s, Reasons over Fallacies
with a whole lot of women happily and willingly (or unwillingly) - Mr. Adithan A.
perpetuating the idea. Student, V BBA LLB
(Quick fact check: A simple google search will tell you that despite so “Why” is an interrogative term that is used frivolously but not where it
much effort being made to ensure the longevity of a man’s life; the life is inevitably needed in the modern world. Moreover, at the legal
expectancy of an Indian male is 69 years as compared to 78 years in the interjection there are various legal practices which continue to prevail
United States). Recently Zomato announced that all women (including in the Indian judiciary system. The rationale behind such practices are
transgender people) can avail up to ten days of period leave in a year. It still unknown to the majority of those who choose to follow. Why
was definitely not surprising to see this practice not picking up. During doesn’t anyone question them? It is a mind boggling phenomena?
this time, one could see a lot of discussion around other important things One classic example is that, while filing a legal petition or an affidavit,
like the implementation of New Education Policy, farm laws etc. and also only the green sheets are accepted by the Courts. Green sheets are
on unimportant things (like drugs and movie actors etc.) but scarcely being used over the last 4-5 decades as they are considered to be
around women’s period leave policies. thicker than the normal white sheets. The logic behind preferring the
All of us are born and raised in this society which reeks of patriarchy. But green sheets over the white sheets was that the ink used for legal
this should not be a defence for not doing any better than our previous documentation was thicker and intense in the old era. This would in turn
generations. Imbibed ideologies can always be unlearnt. result in the ink to be imprinted on the other side. Therefore, making it
impossible for the court to use both the sides of the sheet. Though this
practice is logically sound when it is analyzed in the light of the
historical narrative. Now the scenarios have changed sporadically.
We are in the same storm; not the However, the practice has somewhat become a custom hitherto.
same boat Protests are being held across the globe for the conservation of
forests and wildlife but what is the objective of such protests when we
- Mr. Anagha Narasimha C N don’t eradicate something which is happening without a sensible logic
Student, II LLB around us. In my opinion, our primary concern should be to prevent such
The current pandemic has brought the entire world to a standstill. Until further harm to our environment by making wise use of what is
the relentless quest for the vaccine bears fruit, the only way to prevent prevalent already. The fact being emphasized here is neither about
the spread of Covid-19 is through physical distancing. While India is
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KLELCB NEWSLETTER | 19TH NOVEMBER 2020 | ISSUE NO . 1
growing more trees nor about the production of papers rather it is just intertwined with self. A sense of labor resilience against the Drain of
about how judiciously the papers are to be used in the sanctum of Wealth Theory was fought by the spirit of the Indian labor class. Though
judiciary. it was a slow intellectual transition set forth by scholars like S
When books and magazines are being printed on both sides why can’t the Krishnavarma to M N Roy (1900 -1920), the relevance of the first
same method be adopted in the case of green sheets? While looking into Indian labor statue struck a chord in Lancashire. The colonial Trade-
the other aspects, 500 green sheets roughly costs around Rs.310 Dispute Act,1929 stood as a mere protectionist law to neutralize The
whereas the A4 size sheets cost about Rs. 200. Also, experts believe Raj’s colonialism with soft undertones of extensive labour exploitation.
that green sheets are more harmful to the environment than the white The new India 1947, was inevitably in need of capital and for that, labor
sheets. Earlier in this year of February, there was a petition which was intensive tasks rendered towards welfare were justified with a brand
filed before the Calcutta HC concerning the usage of Green sheets and new Industrial Disputes Act, 1947. This Act was a bargain put forth by
the HC has ordered that the usage of legal sheets shall be completely the workers to identify the nuances between labor and slavery while
abolished. They went ahead to explain that white sheets are more building a New Republic. Ever Since, the policy of Labor law serves as a
beneficial while they are eco-friendly and cost-effective. However, the watchdog to balance labor’s right and capital relations.
aspect of using both sides of the sheets are yet to be addressed. While the ousted blue collars were walking a trillion feet to reach home
amidst a pandemic, little was predicted about what could go wrong
Magna Carta apart from Covid-19. To a greater surprise, the parliament with less
than a three-hour discussion passed The Industrial Relations Code
- Ms. Sumaiya Rahman 2020, Social Security Code 2020, Occupational Safety, Health and
Student, III BA LLB Working Conditions Code, 2020. The Act undoubtedly holds few
Magna Carta, meaning ‘The Great Charter’, is one of the most famous positive affirmations. Marvelously alluded by various economists for a
documents in the world. Originally written in Latin and issued by King John progressive economy by empowering the employer at a higher
of England (r. 1199-1216) as a practical solution to the political crisis he autonomy of power. On the other hand, the respective Codes serve a
faced in 1215. This Charter established for the first time that everybody, tray of clam and puzzles in a pigeon hole theory with respect to the
including the king, be subject to the same law. Although most of the text foundation of Employer- employee jurisprudence. From allowing the
of it has been deleted or rewritten within 10 years and nearly all the employers to lay-off-retrench around 300 workers without prior
clauses have been repealed in modern times, it still remains to be the approval of the government (100 a priori), failure to universalize social
most essential source of British Constitution. security. The CSS diminishes to certain extent the power of the
In the medieval era, year 1215, England was ruled by King John. He was officers to decide ESI-dues and reopen old cases by jumbling power
one of the worst kings in history. “.. hell, itself is defined by the presence authorities. The OSHWCC makes maternity benefit only available when
of King John” - Matthew Paris, Historia Anglorum. the worker puts in at least 80 days
He imposed heavy taxes on his barons to pay for his foreign war of employment preceding their delivery. The IRC, 2020 requires a 14-
expenses. If they refused to pay, he would punish them or seize their day notice prior to a picket having a validity of 60 days. Strikes are
property. Barons demanded that King John obey the law. When he restricted up to 7 days of a conciliation proceeding and up to 60 days
refused, they captured London and John was forced to negotiate. The after the proceedings of a tribunal...and many more. Put together the
“Article of Barons” consists of a list of demands. King John accepted the rules of picketing are drafted like a theorem to attain a perspicuous
terms with few modifications. Two sides met at Runnymede in June outcome. Resistance against appropriation is not semantics, it is an
1215. The result of the negotiation, written down, came to be known as expression of willingness to live with rightful dignity and it cannot be
‘Magna Carta’. retrofitted.
Magna Carta has survived for 800 years and its influence has been “Labor may well say that the fact that the British took 100 years to
reflected in the form of Natural Rights in many constitutions. Magna have a proper code of labor legislation is no argument that we should
Carta became a symbol of American liberty, its principles are echoed in also in India take 100 years. History is not always an example. More
the United State Declaration of Independence and Bills of Rights and in often it is a warning.”- Dr. B R AMBEDKAR.
other constitutional documents around the world. Also, the most
significant influence of Magna Carta can be witnessed in the form of the
Universal Declaration of Human Rights (UDHR) after the ruins of World
War II. Concepts like Rule of law or equality before the law came from it. Free Speech, Devoid of Ethics?
The fundamental nature of human rights are embedded in all the - Mr. Akshat Jain
constitutions around the world. Everyone is protected under human Student, V BA LLB
rights regardless of their religion, race, citizenship, gender. Although,
Magna Carta was not explicitly broad in scope as that of UDHR, but the
essence is derived from it. It is worth mentioning that this is the first As per Aristotle, “Laws speak only in general terms, and cannot provide
revolution in the history of human rights ever. Hence, it isn’t wrong to say for circumstance. Hence it is argued that a government acting
that it is a basis of the freedom that we enjoy today. according to written laws is plainly not the best”. Probably why he
considered Democracy as a perverted and degraded form of Polity. But
all that gold is not glitter, isn’t it? Democracy is perhaps the best form
The Industrial Relations Code of governance in the present world. Maybe some other form of
governance would be better for the future. But the world we live in, do
2020 we owe our existence to Democracy? Probably yes.
There are many plus points vis-à-vis Democracy. For starters, Free
- Ms. Sushravya G. speech. This term, “free speech” has garnered humongous attention
Student, IV BA LLB
recently. Not because people actually started reading The Constitution,
Right to Peaceful Resistance! has currently been paving its trajectory but because the popular people started to. They are called influencers
towards the foothills of classical semantics. Primordially amongst other for a reason. But is the free speech that they talk about actually
actions of man with his sway of command to determine human healthy?
economics and relations, “Resistance to appropriation” has always been There was a time when people used to get their point across the table

KLE SOCIETY S ' LAW COLLEGE , BENGALURU | PAGE NO . 7


KLELCB NEWSLETTER | 19TH NOVEMBER 2020 | ISSUE NO . 1
in a civilised manner. When the tone of any argument was devoid of any Consolidative Scrutiny of the
unethical word; when news channels showed news and not any other
senseless debates; when peaceful protest did not actually mean
defaming a person; when people actually knew that there is a rider on
Labour Laws
their free speech; when people, irrespective of their opinions, stood - Ms. Akanksha J. Jain
united if someone criticized their country. We are all privileged, in a sense Student, IV BBA LLB
that we did not actually have to fight for India’s independence. We did The labour laws have quite a lot of antecedents in the history of Indian
not have to experience the slavery ensued upon us by Britishers for more economy. The laws that were made around or just before
than 200 years. independence were archaic with inconsistent definitions. These laws
Privilege is not in being educated. As everyone has a fundamental right to formed the Indian economy and forced the Indian firms to sub-scales
education. But then, not all educated people are an asset to society. and comply with a host of laws. Inspections were tough for all kinds of
There are some who speak in favour of protecting terrorists who killed industries.
people. Various human rights organisations are against giving capital In order to curb and ease the complication, the Government of India
punishment to rapists. Education can never be a bar to assess a person’s
capacity in being an asset. Law can never be taught by a layman. Yet has consolidated the labor laws and introduced 4 Labor Codes which
people confuse millions of followers with a fountain of knowledge. Yet have subsumed the previous 29 Labour Laws. In 2002, the Second
the majority of people consider free speech as cuss words, which make National Commission had recommended the same, for which the
them appear cool. Free speech is a power and power always comes with Ministry of Labor and Employment in 2019 decided to regulate these
responsibilities. following 4 codes, which regulated the Wages, Industrial Relations,
But we don’t want the latter part, as we are individuals, living in a free Social Security, Occupational Safety, Health and Working Conditions.
Country. Scrolling and using our social media handle as a rant machine. To improve and ease the compliance of the laws, the NCL
Ethical much? recommendation of consolidation was considered and the Parliament
passed 3 codes which were also referred to the Standing Committee
on Labor in September 2020, and the Code of Wages is yet to be
e-Commerce: A Boon during passed in the near future.
Pandemic The codes are going to ease the working conditions of labourers and
uniformity in the labor laws has been introduced through these new
- Ms. Radhika Jaju codes. This step was taken in order to ensure transparency,
Student, III BBA LLB accountability and to ensure effective application of laws. This will also
The exponential growth experienced in the sector of internet forum has help the Labor Ministry to assess the performance of the officials
been at the heart of the E commerce boom in India. ‘E-Commerce’ – a working for the Law. The codification will remove the issue of red-
system that even a person living in a remote area has come across. Ever tapism and rigidities of the law, from which the industries will have
since, it has expanded its scope in recent times due to the outbreak of smooth functioning in the future. It has also brought in cohesive
coronavirus pandemic. Even though the spread of coronavirus disease efficiency and has eliminated the complexities. It has helped in
has impacted several industries such as travel, restaurants, etc., it has succoring the gaps and discrepancies.
proven to be a boon for e-commerce companies. The beneficial trend of
e-commerce can be seen from two perspectives. Firstly, Consumers
have shifted their shopping from physical brick and mortar to online Upcoming Events
portals. Secondly, Traders have shifted to online retailing to satisfy
consumer wants.
Due to the Global pandemic, there have been drastic changes in
consumer behaviour. According to the research firm Technomic, 52% of Skill Development Programme
the consumers are avoiding crowds and 32% are leaving their house less 25-11-2020
often. Subsequently, consumers are willing and thus are adapting to the
technical and online models of communication such as contactless Constitution Day Celebration
payments and home deliveries. E-Commerce, through its various
platforms have provided the consumers with an ease to shop even the 26-11-2020
simplest and the most basic necessities at the comfort of their home.
Existing market conditions being under the stress due to lockdown has
witnessed a paradigm shift from traditional physical stores to National Level Model United Nations
digitization. A shift to higher e-commerce sales for softline categories Conference
such as apparels, footwear, linens and digital penetration for segments 02-12-2020 to 03-12-2020
such as groceries can be evidently seen. As a result, the e-commerce
payment platforms are expected to grow by 25% annually in 2020 and Faculty Development Programme
the transaction volumes will be higher than the pre-COVID levels. 15-12-2020 to 19-12-2020
According to India Brand Equity Foundation, the market opportunities for
e-commerce in India are expected to touch $200 billion by 2026 from
$30 billion in 2017. Consequently, e-commerce aka online Shopping has
not only become a necessity but more of a lifestyle change as we adjust
Essay Writing Competition
to the new normal. Present market conditions wherein physical stores 30-12-2020
are shuttered coupled with India’s rapid progress in digitization, makes e-
commerce a gainful area for investment. As Bill Gates rightly pointed out Blood Donation Camp
– “If your business is not on the internet, then your business will be out
of business.”
12-01-2021

KLE SOCIETY S ' LAW COLLEGE , BENGALURU | PAGE NO . 8


KLELCB NEWSLETTER | 19TH NOVEMBER 2020 | ISSUE NO . 1

Eminent Personalities
Ram Jethmalani Mastan, being in the news for taking up the defense of Manu Sharma,
prime accused in the Jessica Lal murder case. However, he failed to get
(1923 - 2019) Manu Sharma acquitted. He defended Lalit Modi, former Indian Premier
Ram Jethmalani (Full name: Ram League chairman; defended Amit Jogi in the Jaggi murder case;
BoolchandJethmalani), born on 14 appeared for Sanjay Chandra's bail in the 2G spectrum case; appeared
September 1923, in Shikurpur in for KulbhushanParashar's bail in the navy war room leak case;
Sindh province, was an eminent defendedRamdev in case of alleged use of force on his followers at
Indian advocate and politician. Ramlila grounds in 2011; defended AsaramBapuin the Jodhpur sexual
Popularly known as a Maverickwho assault case; appeared for Subrata Roy in the Sahara-SEBI case.
holds many distinct credits to his
name. He got a double promotion in On 9 September 2017, he announced his retirement from the legal
school and completed profession at the age of 93.Ram Jethmalaniwas awarded the Human
matriculation at the age of 13 and Rights Award by World Peace Through Law in 1977. He authored
went on to obtain a law degree at several books and has also co-authored scholarly books in different
17. He started practicing law in his fields of law. The world lost this Maverick on 8 September 2019.
hometown. At that time, minimum
age for becoming a lawyer was 21, but a special resolution allowed him to
Prof. (Dr.) N. R. Madhava Menon
become a lawyer at 18. Known for being a doyen of criminal law, he (1935 - 2019)
represented a sweep of cases from the high-profile to the controversial, Prof. (Dr.) N.R. Madhava Menon,
for which he received flak. He was considered the highest paid Indian born on 4 May 1935 in
advocate. Thiruvananthapuram, Kerala was
Ram Jethmalani started his career as a professor in Sindh before referred to aptly as the innovator
partition. He started his own law firm in Karachi with his friend A.K. Brohi. of modern legal education in India.
In February 1948, when the riots broke out in Karachi, he fled to India on He was the architect of the five-
the advice of Mr. Brohi who later became the Law Minister of Pakistan. In year integrated LL.B. Programme in
1953, he became a part-time Professor at the Government Law College, India and the Founder Vice-
Mumbai for both graduate and post graduate studies. He taught Chancellor of the National Law
Comparative law and International Law at Wayne State University in School of India University,
Detroit, Michigan. He had also been the Chairman of the Bar Council of Bangalore, the National University
India for four tenures both before and after the emergency. He was a of Juridical Sciences, Kolkata, and
member of the International Bar Association 1996. He had served as later presided as the founder
Professor Emeritus at Symbiosis Law School, Pune since 2003. director of Judicial Academy (NJS), Bhopal, till 2006. He also served as
He was elected as Member of Parliament to the 6th and 7th Lok Sabha on the Chairman of Indian Statistical Institute from2002 to 2003. He was
a Bharatiya Janata Party (BJP) ticket from Bombay and served as Union a Central Secretariat Service officer. Best known for being India’s
Law Minister in 1996 and Minister of Urban development during the foremost educationists and institution builders, he successfully
tenure of former Prime Minister Atal Bihari Vajpayee, against whom he embarked and succeeded to raise Indian legal education to be on par
later contested in the 2004 general elections from Lucknow with those of the developed countries. Among all the initiatives led by
constituency. He returned to the BJP fold in 2010 and was elected to him, the most original and, perhaps, an uncertain experiment, was the
Rajya Sabha from Rajasthan. He was later also elected as the President establishment of the National Law School of India University (NLSIU) in
of the Supreme Court Bar Association. Bengaluru in 1987, which he went on to head for 12 years. It was an
Adv.Jethmalani’s first case was fought in India even as he was a refugee. uncertain experiment, particularly because a career in law was by no
The newly introduced Bombay Refugees Act treated refugees in an means a coveted one, and the legal education system itself was facing
inhumane manner, due to which he filed a case in the Bombay High Court, a crisis of credibility back then. When Professor (Dr.) N.R. Madhava
and prayed for the law to be declared unconstitutional - a case he won. Menon started out, there was no stable public source of funding
The case that put him in the spotlight was ‘K. M. Nanavali vs. State of available. Prof. (Dr.) Menon started his teaching career at the Aligarh
Maharashtra’in 1959. Being the defense lawyer to a string of smugglers Muslim University. He also served as head of the department of Law
in the late 1960s earned him an image as a 'smuggler's lawyer'. Some of Faculty in Delhi University in the mid 1980's. Prof. (Dr.) Menon has been
the multiple high-profile defense cases he dealt with include – that of a Member of the Law Commission of India, Member of several Expert
people involved in stock market scams (Harshad Mehta and Ketan Committees including the one on Legal Aid (1973), Civil Services
Parekh), and a host of gangsters and smugglers including the British Examination Reform (2000-2001), Criminal Justice Reform (2002-
citizen Daisy Angus who was acquitted of hashish smuggling after 2003), Police Act Drafting Committee (2005-2006) and the
serving five years in jail. Ram Jethmalani was involved in defending Committee on Draft National Policy on Criminal Justice (2006-2007)
several top politicians in a slew of cases involving corruption and scams, appointed by the Government of India. The Supreme Court of India
including defending Indira Gandhi's alleged assassins, L.K.Advani in a appointed Prof. (Dr.) Menon as the first Director of the National Judicial
hawala case, RJD chief Lalu Prasad Yadav in fodder scam case, former Academy, a training institution for higher judiciary in Bhopal.
Tamil Nadu Chief Minister J Jayalalitha in the disproportionate assets Recognizing his contribution to public services, the President of India,
case, DMK lawmaker Kanimozhi in 2G scam case, Shiv Sena in Krishna Dr. A.P.J. Abdul Kalamhonoured Prof. (Dr.) Menon with the Padma Shree
Desai's murder, Y. S. Jaganmohan Reddy's special leave petition on stay in the year 2003. He has authored several books on Indian legal
for C.B.I. probe into money laundering in his companies, the Narasimha education, legal profession and judicial training. Prof. (Dr.) Menon’s
Rao bribery case, B.S. Yediyurappa in a mining scam case, Amit Shah in the journey of life has been published in the autobiographical narrative
Sohrabuddin encounter case, Delhi Chief Minister Arvind Kejriwal in a “Turning Point". In all, his instrumental role in laying the foundation to a
defamation case filed by ArunJaitley, among others. Other notable ones lasting trajectory of legal education will never be forgotten. The world
include, his appearance in a case involving Mumbai mafia gang leader, Haji lost this much revered person on, 8 May 2019.
KLE SOCIETY S ' LAW COLLEGE , BENGALURU | PAGE NO . 9
KLELCB NEWSLETTER | 19TH NOVEMBER 2020 | ISSUE NO . 1

Justice Ruth Bader Ginsburg Her difficulty with finding a job was eased when a Professor of hers
from Columbia, refused to recommend any other graduates before her,
(1933 - 2020) by virtue of which, she worked as a clerk in the office of U.S. District
Judge, Edmund L. Palmieri, for 2 years. Job offers to her always came at
a cost of a much lower salary than her male counterparts. She accepted
a job as a professor at the Rutgers University Law School in 1963 and
then at Columbia in 1972 becoming the first female professor at
Columbia Law School to earn tenure. She also directed the influential
Women’s Rights Project of the American Civil Liberties Union during the
1970s. While serving as a judge on the D.C. Circuit, Justice Ginsburg
developed a reputation as a pragmatic liberal with a keen attention to
detail. Throughout her career Justice Ginsburg concluded her dissents
with the phrase “I dissent,” rather than the conventional and more
common “I respectfully dissent,” which she considered an unnecessary
and a slightly disingenuous nicety. Her increasing outspokenness,
during the Obama administration (2009–17), made her a progressive
and feminist folk hero thereby winning her an iconic status with the nick
Justice Ruth Bader Ginsburg, was born on March 15, 1933, in Brooklyn, name “Notorious R.B.G” which went on to reverberate in the entire
New York. A large proportion of the cases she pronounced, revolved United States of America in the years to follow. Some of her epoch-
around equal protection and civil rights. She was nominated to the making strongly worded dissents which she wrote and sometimes read
Supreme Court of the United States by President Bill Clinton on June 14, aloud, includes the Gonzales v. Carhart and Ledbetter v. Goodyear Tire
1993 and served there for 27 years. cases, both concerning women’s rights, the Bush v. Gore, in which the
Justice Ginsburg neither succumbed to her personal struggles nor let the Supreme Court of the United States ruled against a recount in Florida
obstacles she had to surmount professionally deter her from reaching during the Presidential Election of 2000. These clearly reflect that she
and exceeding her academic as well professional goals. Justice Ginsburg was one of those rare few who channelized their voice to set right the
began studies at Harvard Law School, being one among the 9 females in a discrimination that not only entangled her life but also that of the
500-person class. She completed not only her coursework but served on scores of her fellow Americans.
the editorial staff of the Harvard Law Review (she was the first woman to This longtime legal colossus displayed her toughness even outside the
do so and the only person holding the distinction of being in the editorial Court premises by battling it out with multiple bouts of cancer and
board of both the Harvard Law Review as well the Columbia Law Review), broken ribs. Her passion and commitment towards her profession is well
whilst acting as a caregiver not only to her daughter Jane but also to her reflected in the fact that she had never missed a day of oral arguments,
driving force, her husband Martin Ginsburg, who had been diagnosed with not even when she was undergoing chemotherapy nor on the day her
cancer in 1956. Justice Ginsburg completed her legal education from husband passed away in 2010. She always remained eloquent with her
Columbia Law School, graduating in a tie for first place in the class of words and was known for her sense of humor. The world lost this
1959. Irrespective of her exceptional academic record, she faced irreplaceable gem on September 18, 2020.
gender-based discrimination at workplace in the 1960s.

All About Books


Crime and Punishment by Fyodor A deed which required great courage, and thus he believes himself to be
Dostoyevsky - Ms. Sriraja S. an extraordinary honourable man whose higher purpose diminishes and
almost extinguishes the moral fabric attached to the crime he
Student, V BBA LLB committed. However, on practical grounds, one cannot always evade
Right from the nascent stages of man’s their sins for when a police investigator starts probing his suspicions,
evolution from adolescence to Raskolnikov intermittently undergoes massive psychological
adulthood, for cogent reasons of turbulences where his previously guilt free conscience shifts its gear
course, one is compelled to believe that onto the other realm of immeasurable contrition. In this stifling setup,
one is compelled to believe that a crime is wrong, that it is a moral stigma he meets Sonya, a meek and subjugated prostitute, who presents him
to be borne if one chooses to commit a crime considered to be heinous an opportunity of redemption in the name of love and faith. The question
by the society. Truth be told, the ever-increasing crime rates do suggest posed before the readers is whether transformation ever going to be a
otherwise, however the society expects from its people to portray an possibility for man as he faces fierce battles with his inner voices and
impetuous behaviour of placing utmost credence in this principle of
exercising restraint in commission of the supposed crime. But in order to those uncontrollable outer ones.
create unrest in the minds of these staunch believers and to expand the For what I believe to be a reason, as a sake of convenience, the society
thinking horizons of constricted minds, on rare occasions, a piece of tends to mindlessly draw our attention and expects strict compliance
Russian literature such as the Crime and Punishment by Fyodor towards two baskets, one of the morally right and the other of the
Dostoyevsky takes birth. morally wrong and it has become easy for us to blindly convey our
The novelist Dostoyevsky attempts to put forth an unfathomable idea for acceptance as to the contents of each basket. This book in its wildest
thought. The plot presents to the readers the protagonist Raskolnikov, an nature, is persuading its readers to consciously question for once this
impoverished former student who commits an arbitrary murder of two pertinent yet thoughtless practice of categorising various human
women without a sense of remorse for he is satisfied with his
justification that he has performed a noble deed. elements under the guise of morality. A must read for the novice and
those who consider themselves to be budding thought influencers.
KLE SOCIETY S ' LAW COLLEGE , BENGALURU | PAGE NO . 10
KLELCB NEWSLETTER | 19TH NOVEMBER 2020 | ISSUE NO . 1
Comment on How will you Measure your Life? by
Ran Hirschl’s ‘Comparative Matters’ Clayton Christensen
- Mr. Ashwary Sharma - Mr. Vivek Narayan
Assistant Professor of Law Assistant Professor of Law
“A court’s choice of foreign Why did I pick this book? Self help
reference reveals their aspirations books are a rage in this over achieving
as a political community and their world. From Monk’s selling Ferraris to
cultural preferences.”
Is judicial engagement with the law of other countries merely a legal act? winning friends and influencing people, there is a wide range of self help
Or is it a political one, too? In “Comparative Matters” the author Ran books, depending on the day of the week!!! Amidst all this hubris, I really
Hirschl argues the latter. Hirschl’s chapter titled ‘the Views from the wanted to know about what actually matters in life. I thought Clayton
Bench’ introduces the reader to a new way of looking at the comparative Christensen, popularly known for his innovator’s trilogy, who never fails
approach. He focuses on comparative methodology and makes some to excite and expand the mind, would be the right person to go to.
thought-provoking arguments. His analysis reveals that the comparative How is the Book? Just like his meticulous and gripping business books,
approach tells us much more than just about law and legal systems. this never loses focus from the central question. When do we say that
Engagement with the laws of other countries is as much a political act we have lived a fulfilling life? In order to obtain any actionable insights
as it is a legal one (Hirschl, 2014, p. 22). He calls it the ‘identity that could add value to our lives, he says add three more questions. How
construction factor’, which means that a court’s choice of foreign can I be successful in my career? How do I have good relationships? How
reference (in their judgment citations) reveals their aspirations as a do I stay out of jail? I know these questions sound extremely simple,
political community and their cultural preferences (p. 41). Hirschl takes following them for decades is the pain. The answers to the above
the example of Israel to explain this. Through a quantitative analysis of question exists in the theory that the book lays down, a principle which
citations and reference used by Israeli judges in their judgements, he doesn’t apply to only some people but a general statement of what
reveals that Israeli judges often cite judgements from the US Supreme causes what and why.
Court and the Canadian Supreme Court in their judgements despite their The novelty of the book is in providing an answer to questions of human
legal system having very little similarity to the US or the Canadian legal life through the prism of businesses. After all, they are run by human
system. He observes that Israel’s legal system is much more like beings. All our struggles are just to chase the elixir of happiness, similar
Pakistan’s and India’s. to businesses growing their bottom lines. That is where we go wrong.
Yet there is little to no reference to judgements of the Supreme Courts Authors ask us to stop searching for the wrong things as they are never
of India or Pakistan in Israel’s judgements. He explains similar pattern of
behaviour by judges of many other countries. His conclusion is that the going to lead us to the right results. Instead, to be happy and lead a
choice of foreign reference in the form of citations and references by happy life it is important to remove the fundamental misunderstanding
the judges reveals, at least in part, their aspirations to be included in a of what really motivates us. If you break open this enigma, the door to
certain club of nations. The author thus concludes that in Israel’s case, it happiness is bound to open. Your motivation will help you to navigate
is the liberal-democratic club of nations that the Israeli judges aspire to your careers and relationships extremely well.
be included in and that is why there is a tendency among them to look to Then comes human capabilities, which can be broken down under three
the west. He argues that similar trends can be observed in India also broad heads priorities, resources and processes. Three of them come in
(Hirschl, 2014, p. 23). While the argument merits a serious different quantities. If you want to flourish, then you are required to mix
consideration, I am skeptical about the application of his argument to them up using the scale of culture. Culture for a human being, an
India. If we look at the history of Indian legal system, we will find that organization, or even for a group of persons is extremely important. It
some of its parts have been directly transplanted from other countries, helps to blend priorities, resources and processes, helping us to make
and because of its colonial history, there is a tendency to look to the right choices. Choices between long term and short-term
countries having similar legal systems. It is not because of the aspiration gratifications. Hopefully, propelling us towards making choices that
to join any club of nations. Though it might be true to some extent, we would lead to everlasting happiness. In the chase for this happiness,
cannot make as strong a case for India in this regard as he has made for Clayton Christensen exclaims to not to lose your awareness. Life always
Israel. throws at us different opportunities. In order to live life to the fullest
References: extent, you should not just stick to your deliberative opportunities but
1. Choudhry, S. (2015). How to Do Constitutional Law and Politics in grab onto emerging ones too. However, if you know you are doing the
South Asia. In M. Tushnet & M. Khosla (Eds.), Unstable thing you wanted, zero down and execute. If not, then keep yourself
Constitutionalism: Law and Politics in South Asia (pp. 30-54): open and enjoy the process. Clayton believes for you to moon-walk your
Cambridge University Press.
2. Henkin, L. (1992). A new birth of constitutionalism: genetic way through life, it is important to watch where we spend our resources
influences and genetic defects. Cardozo L. Rev., 14, 533. i.e. hundreds of everyday decisions which we make, and submerge in
3. Hirschl, R. (2014). Comparative Matters: The Renaissance of each of them.
Comparative Constitutional Law: Oxford University Press, USA.
KLE SOCIETY S ' LAW COLLEGE , BENGALURU | PAGE NO . 11
KLELCB NEWSLETTER | 19TH NOVEMBER 2020 | ISSUE NO . 1
What's Going On?
Social Sciences
UN Guidelines on Access to Social Justice for Persons with Maulana Azad National Fellowship Scheme
Disability The main objective of the Maulana Azad Fellowship Scheme (MANF)
United Nations has released its first-ever guidelines on persons with is to facilitate five-year fellowships in the form of financial
disabilities, the guidelines outline a set of 10 principles and detail the assistance to students from six notified minority communities viz.
steps for implementation. These guidelines make it easier for them Buddhist, Christian, Jain, Muslim, Parsi, and Sikh, by the Central
to access justice in systems around the world. Government, to pursue M. Phil and Ph.D.
PM Matsya Sampada Yojana (PMSSY) Tribes India E-Marketplace
As a part of Aatmanirbhar Bharat Abhiyan, PMSSY has been digitally Minister of Tribal Affairs, Mr. Arjun Munda, virtually launched India’s
launched by the Central Government. This is a flagship scheme for largest handicraft
the responsible and sustainable development of the fisheries sector. Marketplace. This isandanorganic products marketplace - Tribes India E-
initiative to connect tribal forest dwellers &
E- Gopala App
E-Gopala App was launched under the Pradhan Mantri Matsya them to be a part of mainstream developmentmarkets
artisans with the national and international
and
which enables
economic welfare.
Sampada Yojana (PMMSY). This is a portal for the farmers that Cabinet Committee on Economic Affairs approves the
provide all the information related to productivity, health, and diet for
cattle. Natural Gas Marketing System
India And Japan Ink Mutual Military Logistics Agreement The policy aims to provide a standard procedure for the sale of
An agreement on reciprocal provision of supplies and services natural gas in a transparent and competitive manner by allowing the
between Indian Armed Forces and Self-Defense forces of Japan. The contractor to buy it through e-bidding.
agreement allows the militaries of the two countries to use each Vivad Se Vishwas Scheme
other’s bases and facilities for repair and replenishment of supplies. The government extended for the third time the deadline for making
Cabinet Approved Amendment to 3 Labor Codes payments under the direct tax dispute settlement scheme ‘Vivad Se
The Code on Social Security, 2020 Vishwas’ by three months to March 31, 2021. Direct Vivad se
It subsumed nine regulations relating to social security, retirement, Vishwas Tax Act, 2020 was enacted to reduce pending income tax
and employee benefits.
The Occupational Safety, Health and Working Conditions Code, litigation,
taxpayers
generate timely revenue for the government, and benefit
by providing them with peace of mind. The act would bring
2020 certainty, savings, and flexibility in tax issues.
The code replaced 13 Central labour laws dealing with provisions for Afghan Peace Process
occupational safety, health and working conditions of workers in Recently, intra-Afghan peace talks were held for the first time
establishments, migrant workers, plantation workers, and others as between the Afghan government and the Taliban in Qatar. The
under the Code. Afghan peace process comprises the proposals and negotiations in
The Industrial Relations Code, 2020
This code consolidates and amends the laws relating to Trade Unions, a bid to end the ongoing war and conflict involving the Taliban in
conditions of employment in industrial establishment or undertaking, Afghanistan.
investigation, and settlement of industrial disputes. Global Biodiversity Outlook Report
Three Farm Bills introduced in the Lok Sabha Recently, the Fifth Global Biodiversity Outlook (GBO-5) report was
The Farmers' Produce Trade and Commerce (Promotion and released. It is a periodic report that summarizes the latest data on
Facilitation) Bill, 2020. The Farmers (Empowerment and Protection) the status and trends of biodiversity and draws conclusions relevant
Agreement of Price Assurance and Farm Services Bill, 2020. The to the further implementation of the CBD.
Essential Commodities (Amendment) Bill, 2020. The three bills aim to The Living Planet Report 2020 (LPR)
bring about changes in the agriculture sector, APMC, and the mode of Recently, World Wildlife Fund (WWF) released The Living Planet
supply of food grains. Report 2020 (LPR) along with the Living Planet Index (LPI). LPR,
Banking Regulation introduced in the Lok Sabha
Banking Regulation (Amendment) Bill seeks to bring cooperative released global
every two years, is a comprehensive study of trends in
biodiversity and the health of the planet.
banks on par with the developments in the banking sector through Business Reform Action Plan - Ease of Doing
their better management and proper regulation in order to protect Business Ranking Recently, the Department of Industrial Promotion
the interests of the depositors. and Internal Trade (DPIIT) in collaboration with the World Bank
Assisted Reproductive Technology Regulation Bill 2020 released the 4th edition of the Business Reform Action Plan (BRAP)
introduced in the Lok Sabha
It regulates ART Banks and Clinics and allows for safe and ethical ranking of states. Andhra Pradesh secured the top spot followed by
practices. The bill clearly defines who can access the ART and Uttar Pradesh and Telangana.
specifies the regulation and penalties. The Human Capital Index 2020
RBI Announces its Decision on Monetary Policy Scheme The World Bank has recently released the report titled 'The Human
To revive the economic growth and mitigate the impact of COVID-19, Capital Index 2020 Update: Human Capital in the Time of COVID-19'.
RBI kept the repo rate unchanged at 4 percent and the reverse repo The Index update includes health and education data of 174
rate at 3.35 percent. countries (additional 17 counties relative to the 2018 edition) —
Kakatiya Dynasty Temple Converted covering 98 percent of the world's population — up to March 2020.
A temple constructed by Kakatiya ruler, in Andhra Pradesh's capital,
Amaravathi, has been converted into an abode of local goddess TheUSracePresidential for the
Elections
Presidency of The United States of America has
Balusulamma (Goddess Durga). seemingly come to an end with a landslide win for the Democratic
Child Care Leave for Single Male Parent
Child care leave shall be availed by the single male parent employee Harris (Vice-President Elect), making(President-Elect)
National Party nominees Joe Biden
her the first
and Kamala
female, Black,
for a maximum period of two years. Single male parent includes South-Asian, Indian- American to occupy the post.
unmarried employees or widower or divorcee.
KLE SOCIETY S ' LAW COLLEGE , BENGALURU | PAGE NO . 12
KLELCB NEWSLETTER | 19TH NOVEMBER 2020 | ISSUE NO . 1
Legal
Vikas Dubey encounter “Legal entity” status to animals
The Hon’ble Supreme Court of India gives a thumbs up to the Inquiry Article 21 of the Constitution of India has to be interpreted by the
Committee headed by former SC Justice B.S Chauhan in the case of Courts to include the “legal entity” status of the entire animal kingdom.
Vikas Dubey encounter. Special Marriage Act, 1954
Rajasthan political crisis Plea in the Supreme Court to strike down certain parts of the Special
The Speaker had issued notice to the 19 dissident Congress MLA's of Marriage Act, 1954 as it violates Articles 14, 15, and 21 of the
the ruling party who had skipped the party meeting on the ground of
conspiracy against the government. Constitution of India.
Kids painting on the semi-nude body case Agriculture Sector Bills
The High Court of Kerala denied anticipatory bail to activist Rehana Lok Sabha passes 2 of the 3 agricultural bills for inter-state trade and
Fathima who has been booked under section 13 of POCSO and 67B of contract farming to transform the agricultural sector of the country and
the IT Act for spreading obscenity. increase farmer's income. The farmers outcry over the bills can be seen
Right to Education is sacrosanct
The High Court of Kerala restrains private schools from levying an across state lines.
Babri Masjid demolition case
additional fee for online classes. The court noted that the "Right to All 32 accused including LK Advani have been acquitted by the special
Education is sacrosanct” in the Constitution of India.
Consumer Protection Act, 2019 CBI Court in Lucknow citing lack of evidence. This verdict has come after
The Act will empower consumers and help them in protecting their 28 long years.
rights through its various notified rules and provision. This Act enhances Y.S Jagan v. Justice Ramana
pecuniary jurisdiction, the liability of celebrity endorsements, E-Filing of Andhra Pradesh Chief Minister writes an open letter to the CJI, making
complaints, etc. allegations against Justice Ramana. Contempt proceedings against the
Daughter has equal rights on the father's property
The Court held that daughters will have equal rights in the parental CM has been denied by the Attorney General.
Right to default bail
property as that of a son as coparcenary rights are acquired by The Supreme Court of India has held that Right to default bail under the
daughters by virtue of their birth.
PM Cares Fund + NDRF Judgement first proviso of S. 167(2) CrPC is not a mere statutory right but a
A PIL was filed in the Supreme Court to transfer the PM Cares Fund to fundamental right.
NDRF. The Apex Court refused to direct the Centre to transfer the Shaheen Bagh protest (Anti-CAA)
contributions made under PM Cares Funds towards NDRF. The Court stated that public places cannot be occupied indefinitely for
States can make sub-categories in reserved categories expressing dissent as democracy and dissent must go hand-in-hand,
A 5-judge Constitutional Bench of the Supreme Court ruled that the but the demonstrations expressing dissent have to be in designated
States can subclassify a list of Scheduled Castes, socially, and places only.
educationally backward class, and Scheduled Tribes to provide NLSIU Gang Rape case
preferential treatment to those that are deprived within it.
Contempt of Court Karnataka High Court upholds life sentence imposed on seven accused
The Supreme Court of India imposed a fine of Rs.1 on Advocate of raping a student of NLSIU Bangalore in 2012. It further recommends
Prashant Bhushan after being found guilty of the offence of Contempt the Central Government to amend the provision of S. 376D of IPC into
of Court, failure to comply would entail three months of jail and capital punishment in order to curb the menace of Gang Rape in the
debarment from law practice for three years. society at large.
Management
Apple earnings in India are booming since September 2020. Due to an ISRO has successfully launched Earth Observation Satellite (EOS-01)
upsurge in online sales, new investments for production in the nation amidst COVID- 19. This will support applications in agriculture,
have exceeded by several fold. forestry and disaster management across the globe.
Chinese Fintech raised $34 billion in the world's largest share market, Walmart Inc. in India has been acquired by Flipkart, allowing them to
and it surpassed a record set by Oil Major company- Saudi Arabian Oil launch a digital marketplace that will strengthen their E-commerce
with its $29.4 billion in the year 2019. platform which is forecasted to compete fiercely with Amazon.
America and India signed the BECA (Basic Exchange and Cooperation The Ministry of Information and Technology in September banned
Agreement for Geo-Spatial Cooperation) after decade-long PUBG and 118 other widely popular Chinese mobile applications. This
negotiations, this agreement will help India and the US in countering move was made by the Indian Government in order to protect the
China's growing influence in the Indo-Pacific region. integrity, sovereignty, public order, and defense of the country.
India-Greece expanded its ties in order to boost collaboration in the A big NO to ‘Yes Bank’! The Banks shares have fallen for the fifth
fields of trade, commerce, technology, and culture. Both the straight session; Mr. Swaminathan Janakiraman has submitted his
countries are to work closely in their multilateral domain for enhanced resignation as Nominee Director of Yes Bank Limited.
co-operation. Alliance Airlines, a subsidiary of the national carrier, has chosen its
The Nobel Peace prize has been awarded to the World Food First woman CEO in Indian aviation, Ms. Harpreet A De Singh, who
Programme (WFP) for their efforts in combating world hunger. WFP happens to be the first woman ever to head an Indian Carrier.
reminded the world that peace and the eradication of hunger, go Desi Mask Fight! Struggling to convince e-commerce giants to hawk
hand-in-hand. its products on “favorable terms”, Khadi & Village Industries
Indo-French satellites are going to track illegal oil spillage by ships in Commission (KVIC) launched its own platform to sell masks in July.
the Indian Ocean region through the launching of the Constellation of From sales of around Rs 7,000 a day three months ago, to clocking a
Maritime Surveillance Satellites to monitor the same. daily turnover of Rs 1-1.5 lakh, it is making its mark on the market.

KLE SOCIETY S ' LAW COLLEGE , BENGALURU | PAGE NO . 13


KLELCB NEWSLETTER | 19TH NOVEMBER 2020 | ISSUE NO . 1
A Memorandum of Understanding (MoU) has been signed between 5 million salaried people lost their jobs in July, taking the total number
India and Japan for enhancement in the field of textiles. The MoU will of job losses in the category, to 18.9 million despite the recovery in
increase the quality and testing of the Indian Textile Industry through overall employment rate which is driven by the informal sector.
Japan's Nissenken Quality Evaluation Centre which will magnify Big Bull Rakesh Jhunjhunwala-backed Nazara Technologies has
national and overseas buyers. appointed three investment bankers, Nomura, Jefferies, and ICICI
A Statement of Intent (SoI) has been signed between India and Securities, ahead of its plans to raise Rs.750-950 crore via an initial
Netherlands, in support of decarbonization and energy transition to public offering (IPO). The proposed public offer is likely to hit the
accommodate cleaner and better use of energy. The overall objective market between January and February 2021 amid growing investor
of the project is to have sustainable growth in the energy sector. exuberance on technology companies.
Apple gets knocked out by the Chinese! Xiaomi has overtaken Apple The Return of Micromax: After getting blitzed out of the market by
to secure the third spot in the list of top smartphone brands by Chinese smartphone makers, the desi brand Micromax is making a
shipments. comeback. Aided by a rising anti-China sentiment, it wants to regain
The market value of the Reliance Industry has fallen down to 7% in its old position. Will it succeed?
negative terms because of the novel coronavirus, along with a Tap and Transfer: Just tap on the screen and watch it float on to your
decrease of 10% in operating profits especially in the refining and friend or family's account. As Facebook Messenger's payment
petrochemicals sector. service goes live in the US, and Ping Pay takes off in India, it's clear
that social networks will play a humungous role in our finances.

In Conversation With
Did you find it hectic to be both, a speaker as well as a researcher in
Ms. Sheetal Agarwal your first Moot Court experience?
First and foremost, I was extremely grateful for the opportunity. I did not
Student, V BBA LLB find the task particularly hectic considering the fact that linking my
Best Researcher research to the facts was my only additional task, so to speak.
Amity National Moot Court Competition, 2019 What is your personal approach to tackling the process of research?
We had the pleasure of conversing with Sheetal Agarwal, a fifth year, It all simmers down to “how much you read”, certainly the information
BBA LLB student in K.L.E. Society’s Law College, Bengaluru. She has won that is available is plenty and how you cut through it is important. It is
the Best Researcher award in her first ever Moot Court experience, in definitely better to start with a simple Google Search and further
proceed
the Amity National Moot Court Competition, 2019. towards gaining knowledge in specific areas, may it be from SCC Online,
What was the primary motivation behind your participation in the Manupatra or any other database.
Amity National Moot Court Competition, 2019? Did you face any roadblocks in your journey of the competition?
The biggest source of motivation was seeing my friends taking part in Indeed, I did. Since it was my first Moot, I had to start from scratch and
Moot Court competitions and pushing their limits in order to succeed. learn all its mechanisms. The fact that we had 15 days to prepare for the
Competition only made it harder on us. But we did receive a ton of help
This made me eager to obtain the same experiences and as soon as I from Prof. Goudappanavvar and our mentor, Mr. Abhinav Shukla, for
saw an opportunity to do the same while browsing on Lawctopus, I knew which we are beholden.
I had to be a part of it What is your takeaway from the competition?
How would you describe the nature of the Amity National Moot This experience has enriched me with knowledge and a sense of
Court Researchers Test? renewed courage in the area of Mooting in general and public speaking in
It did not consist of general questions on research methodology but particular. would love to be a part of more of such instances. It was
especially delightful when the then CJI, Hon’ble Justice Dipak Mishra
was tailor-made to cater to the complexities of the proposition at hand presented me with the award and spoke a few words of encouragement.
and since we had carried out extensive research to draft our memorial, I Do you wish to give a message to the readers?
found it particularly easy. I only want to say that it is not about being good at doing Moot Court
How did your Researcher’s Test go? competitions. Firstly, it's about the experience that it provides, be it the
The fact that I played the role of both researcher and speaker in this process of drafting a memorial and doing the research or meeting other
law students who broaden your understanding of the same. Secondly, it
competition worked to my advantage. I had to read a lot of case law, gives you a surge in your confidence level which is incomparable. I would,
legislation and scholarly articles to prepare, which inevitably led to my therefore, urge everybody to expose themselves to this process.
success.
Learn with Purpose and Live with Purpose

KLE SOCIETY'S LAW COLLEGE, BENGALURU


CA-2, Sir M. Vishweshwaraiah Layout,V Block, Ullal, Bengaluru–560091 Karnataka
Email: info@klelawcollege.org Contact Numbers: 9448907675, 9108800204, 9980052437
KLE SOCIETY S ' LAW COLLEGE , BENGALURU | PAGE NO . 14
Designed By - Mr . Tanmay J . Patil , Assistant Professor of Law , KLELCB

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