Over AAWI Elections- A Dialogue with Mahesh Vaswani

Over AAWI Elections- A Dialogue with Mahesh Vaswani

  Advocate Mahesh Vaswani is a activist lawyer campaigning for AUDIO – VIDEO recordings of all Judicial  proceedings in Courts. Acting Chief Justice Hemant Gokhale and Chief Justice Swatanter Kumar of Bombay High Court had during their tenure felicitated and honored Mahesh with Certificates for legal aid projects involving sitting judges of Bombay High Court and rural poor and the slum dwellers of Mumbai. Mahesh practices and specialises in Criminal law in Sessions and High Court at Mumbai and also appear in Supreme Court as well. Mahesh is currently contesting, for the elections at AAWI (Advocates Association for Western India).    The Analyst World (TAW) : What is your primary intention behind contesting the AAWI Elections? Would you reason out the same. Mahesh Vaswani (MV) : My primary intention behind contesting the AAWI is to improve the working conditions of lawyers and help lawyers benefit from developing law. TAW : Can you Please elaborate about the steps which you would take to improve the working conditions of Lawyers, citing some specific issues and proposed solutions for a clearer understanding. MW : Lawyers at trial Courts would be better functioning if mic is provided to the presiding officers during trials. Also lawyers have to work in most inhuman and harsh conditions in crowded courts during summer. In districts Vasai, Panvel and Alibaug and rural Maharashtra, lights go off in middle of proceedings. But proceedings go on… imagine how. Also there is rampant pilfering and theft of court records. These must be made more secure. And of course conference areas with clients for all lawyers in all courts. Also hygienic toilets for women at least needed. So also for male lawyers and public in all courts. Even Mumbai HC toilets are unhygienic. TAW : What in your opinion are the prime problems faced by Lawyers in the present Legal System? How would you make any difference as compared to other contestants? MW :  The primary problems of lawyers today is they do not have full access to latest developing law in Supreme Court or High Courts, and also they have severe office space issues. Often there is issue of decorum, dignity and administrative problems faced by lawyers and...

Laws Swinging Cradle to Grave : Gallows to Pillows

Laws Swinging Cradle to Grave : Gallows to Pillows

The Year 2015 has been noted for an addition to its stereotype judgments; embarked and enshrined as ‘crude decision of the apex court’,for deciding the fate of a terrorist-cum-human for gallows. It has been decided after a prolonged wait of 20 years that 257 victims of 12th march 1993 Bombay Bomb Blast~Black Friday~, have perceived justice and the same appeals to them as incomplete, turning out into a National catharsis. With myriads of expectations and eyes lurking for justice, the cause of justice innocuously turned into rage of revenge and thirst of avenging the victims of bomb blast. The onus rested on the incumbency of 20 years of governance and the question of justice was brought up, at the beginning of each term, but with the glimpse, government could have taken a positive step towardsignominious efforts of predecessors; the demos prudential were left with a hope gripped in hands and painted in shades of saffron. The current scenario contemplates eyes of the common that the unprecedented issue is finished within a span of 2 weeks and still there are masses whostill believes that the justice is not served and questioned the technicality of law. The heartfelt condolences through empathy towards the terrorist-cum-human screamed louder than the shredded souls and bombed bodies. The questions raised by the rudimentary section of society left the “ignited Minds”to hover into the correctness of the actual issue at hand and left the righteousness of illicit actions to decide the fate of ‘’he who to be hanged’’. The 21st century has also stepped as a growth of Media and evolution of chivalrous mindset of scrupulous people, now they have actually learnt to raise a question and curb the dominating HAND. But eventually with time the power to raise question was capriciously confused with raising an issue rhetorically, they only wanted solution as the one they had decided while raising the issue. Thus this ideology and methodology turned the principle of ‘’Due Diligence’’ futile and connoisseur of law was vehemently questioned. The renaissance of conscious awakening, filtered people with a power in form of a right to fight for justice, rights and welfare, but consequently the same power left surreptitiously, a...

Jargon of Killing Oneself: Injustice in law?

Jargon of Killing Oneself: Injustice in law?

The concept of suicide has been developed since ages long. Historically, Suicide was considered as a serious offense. But modern society has changed the perspective of many westernized country. But many Asian countries like India still criminalize even attempt to suicide. People are penalize and imprison after their failed attempt. Tragedy doesn’t ends there their family who are already grief stricken after the death are made to follow legal consequences. In India section 309 of the IPC criminalizes attempt to suicide. Suicidal tendency is an unhealthy condition arising of an abnormality.   Circumstances leading   them behind   the legal bar  will surely worsen the condition. If the law enforcement bodies are shifting their focus from legal sanctions to medical sanctions it will create positive frequency around to get more vocal for this cause. There are three different kinds of attempt to suicide depending on the way people attempt it and the manner in which it gets legal sanctions.  Sometimes people   are deliberately reporting the matter to the police as accidental so as not to get into penal actions and even hospital are frequently denying to admit suicide attempters in case not to get into trauma or stigma. So at last   patients lacks the even only emotional support they can get. Recent cases of   suicide during the last few years has revealed that there has been significant increase in attempt   to suicide.  So the government has decided to repeal the section 309 of the IPC by   passing Medical health care bill 2013 which can be stepping stone towards decriminalization of attempt to suicide. Suicide has been crime since ages long. Historically law against suicide and mercy killing has been developed from religious doctrine –“One(god) who gave should only take”. And external manifestation of the act done by the person by ending life was so against the natural law of the land. History shows the followed consequences of suicide as well as associated matters of assisting suicide and attempting suicide. There were strict jurisdictions with regard to the same and moreover, after the death, legal consequences were suffered by their family members and they were left to face the miseries of exorbitant legal procedure involuntarily. Subsequently, family...

On the language policy of the Civil Services Examination 2013 – Aaditya Gore

On the language policy of the Civil Services Examination 2013 – Aaditya Gore

The Union Public Service Commission announced its Civil Services Examination notification dated 5th March 2013. The new policy vide the notification made it compulsory for a candidate to have graduated in the medium of the language other than English or Hindi in order to avail of the option of taking the Civil Services Main examination in that particular language. It also made it compulsory for there to be a minimum of 25 candidates opting for taking the examination in that language to be able to exercise the choice, failing which the candidate would have to take the examination in English or Hindi. The notification also made the hitherto qualifying English language paper a scoring one among the other papers which led to protests from all over and this move was criticized as as being insensitive towards the weaker sections. After a furore in the Parliament, the language policy regarding the Civil Services Examination is put in abeyance[1], according to Hon’ble Minister of State for Personnel and Training, Mr. V. Narayansamy. The recommendations of the High Level Committee headed by Prof. Arun S. Nigavekar, former Chairman, UGC with a view to making the Civil Services main examination ‘more relevant to the present day,’ according to the Hon’ble Minister[2], were approved by the government[3]. Although some of the reforms in the new pattern include greater emphasis on General Studies, that has hardly been a contentious issue in this case. The real bone of contention lies in the conditions laid down for a person to be able to take the Civil Service Main examination in a language other than English or Hindi. Some of these conditions, according to the 2013 EXAMINATION NOTICE NO. 04/2013-CSP DATED 5.03.2013[4] are cited from the notification : “(iii) Candidates will have the option to answer all the question papers, except Section 2 of the Paper-I (English comprehension and English précis) in English or Hindi. If the candidate has had his/ her graduation in any of the following language mediums using the particular language medium for qualifying the graduate level examination, then he/she may opt for that particular language medium to answer all the question papers, except Section 2 of the Paper-I (English comprehension and...

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