Friday, August 27, 2010

Two books law students in Kerala must read!!!

I am currently reading two Malayalam books- "Abhibhashakavrithiyile Abicharngal(translation of title:"Exorcism in Advocacy") and Judiciariyile Abhicharangal(translation of title: "Exorcism in Judiciary") both written by Shri P C Ulahannan, an advocate and former Government Pleader of Kerala High Court,and published by Pen Books. These books reveal the darker side of legal profession and judiciary and brings home the truth that everything is not rosy in either advocacy or judiciary. The author, using very harsh words, borne from his background as a struggling lawyer, has brought out the worst side of judiciary and legal profession through these books. Every person who has ever worn the garb of lawyer would certify that most of the pictures drawn by the author are nothing but the grim reality of legal profession. A passage that has especially drawn me to absolute agreement is that legal profession in India, which is fighting for the legal rights of others is the only profession which does not have minimum wages,- an irony which should open the eye of every practicing lawyer and administrators. Many of the stories narrated by the author are known to everyone, but those which no one dares to speak. All kudos to the moral courage shown by the author who is also a member of the profession to come out in open with these stories, so that they do not end up as tea time stories or gossips going round in the bar association halls, but are put down in writing to be discussed those interested in the welfare of the profession.
One of my students once told me about a proposed meeting in Calicut to demand minimum wages for junior lawyers-I was told that the seniors had threatened that those who participate in the meeting would be ousted from their offices, and ultimately many of the organizers themselves did not attend the meeting!! I am not personally sure whether the story is true or a fiction, but what I know is that during the entire period I had practiced, I was never paid anything by my seniors!! Every law student and every new entrant to legal profession must read both these books, and should make up their mind to change the situation. I firmly believe a change can be brought in only through reorganising the bar into corporate set up, instead of leaving legal practice to individual lawyers. This needs to be done through legislation rather than leaving it to the individual choice of lawyers, as this is the only way minimum wages and decent working conditions can be ensured to lawyers.It is hoped that the administrators and legal profession will wake up to the reality that it is their duty to ensure that every new incumbent into the profession is given a decent means of livelihood so that general public does not look down on the profession as a resting place for unworthy citizens!!!

S. 164 Cr.P.C. and Some Challenges

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