Ladies
and Gentlemen, the establishment of an educational institution is always a bright
occasion. I am glad that I was invited to participate in this foundation-stone
laying ceremony. At this forum, it would be most appropriate for me to share
some thoughts on the state of legal education in our country and the direction it
should take. All of you are well aware that the legal profession itself is
undergoing enormous changes. The young law students now have a range of
opportunities to choose from. While joining the chamber of a senior practitioner
is the most commonly adopted route, opportunities100 have also emerged in commercial practice
as well as research and voluntary sector. With increasing opportunities to
study and work120 /// in
foreign countries, qualified lawyers can also look forward to careers in international
institutions. However, it is also true that these diverse and often lucrative
opportunities are only available to graduates from a few top institutions. Most
of our law colleges and departments are perennially cash-strapped and struggle
to retain qualified and motivated law-teachers. Some colleges also function in
a very politicized environment, where serious academic pursuits often take a
backseat. However, all of these problems can be solved200 with some initiatives and a sense of commitment.
We can say that the law is what the lawyers are; and the law and lawyers are
what the law schools make them. In this regard, we must recognise the role of240 /// our law schools in not only
preparing individuals for the bar and judiciary, but also as the breeding
grounds for democratic values and meaningful social engagement. Most of the leading
lights of our freedom movement were from a legal background and in today’s day
and age there is a compelling need for lawyers to play a transformational role in
our300 society. Traditionally,
legal education has stressed on the development of skills needed to conduct meticulous
research, speak effectively and respond to arguments. While these are essential
traits of a good lawyer, there is also a need to imbibe values such as tolerance
and empathy. Building a successful legal practice also requires effective
interaction with clients. Very often, advocates tend to360 /// impose solutions on clients
rather than listening to them and suggesting the best course of action. In some
instances, clients are encouraged to engage in unnecessary litigation without
exploring alternatives such as mediation and negotiated settlements. Even in
the courtroom,400 both lawyers
and judges often get entangled in excessive argumentation and technicalities,
while losing sight of the real interests of the litigants. We are all
encouraged to think like a lawyer and win arguments rather than coming up with
mutually beneficial solutions. In many ways, this predisposition towards an adversarial
and combative style of functioning also goes back to the structure of our education
system. In our present system, young law students are always competing against
each other to do480 well in
academics and eventually secure good job opportunities. However, this spirit of
competition should also be channelled in creative500 /// and innovative ways which give them
better preparation for their careers. Our law schools must be conceived of as
spaces that encourage rational and critical inquiry into socio-economic realities.
Meaningful practical experience through participation in legal literacy
programmes, involvement with NGOs and regular visits to institutions such as
courts, police stations and prisons among others will give students a chance to
observe the ‘law-in-action’ as opposed to the ‘law-in-the-books’. Law students
can actually play a vital role in spreading legal awareness among the disadvantaged
sections. For many communities of the urban poor and600 /// those in remote villages, there is
little awareness of even the most basic rights given under our family laws, property
laws and criminal laws. By disseminating what they learn through legal services
programmes, law students can actually be the agents of real social change. Furthermore,
the interactions between students from well-to-do backgrounds and the
disadvantaged sections can be an effective method to bridge social divisions
based on caste, class, religion and gender among others. Legal Education is not
just a means for personal advancement. It can also act as a stimulus for deepening
democratic values such as tolerance700 of
diversity and the willingness to resolve disagreements through constructive and
informed dialogue. Some small steps taken in the present720 /// will lead to unforeseen yet favourable
changes in the future. I am confident that if we are able to promote a meaningful
understanding of our constitutional values, the same can be the basis of a more
equitable and caring society in the years to come. Building a law-abiding
society is of course a very gradual and ambitious process, but we should not
give the coming generations a chance to blame us for not having tried.
Ladies
and Gentlemen, I am800 happy
to be present here for the inaugural session of this national consultation for
the enforcement of Cyber Law. As you are well aware, the objective behind
organizing this programme is to devise a National Policy and Action Plan for840 /// improving awareness about
this branch of law amongst judges, prosecutors and investigators. Therefore, it
was felt that it was necessary to reach out to those at the helm of the Legal
Services Authorities, the State Judicial Academies, the Director Generals of
Police in the various States as well as prosecuting agencies. The expanding
reach of computers and the internet has900
made it easier for people to keep in touch across long distances and collaborate
for purposes related to business, education and culture among others. However,
the means that enable the free flow of information across borders also give
rise to high incidence of irresponsible behaviour. Any technology is capable of
beneficial uses as well as misuse. It is the job960 /// of
the legal system and regulatory agencies to keep pace with the same and ensure
that new technologies do not become tools of exploitation and harassment. The
Information Technology Act, 2000 addressed some basic aspects such as the legal1000 recognition of electronic records and
digital signatures for the purpose of entering into contracts and presenting
evidence. However, substantial legal questions have arisen in many contexts.
The internet allows users to circulate content in the form of text, images,
videos and sounds. Websites are created and updated for many useful purposes,
but these can also be used to circulate offensive content such as pornography,
hate speech and defamatory materials. In many cases, the intellectual property
rights of authors and artists1080
/// are violated through the unauthorized circulation of their works. There
has also been an upsurge in instances of financial fraud1100 and cheating in relation to commercial
transactions conducted online. Furthermore, the digital medium provides the
shield of anonymity and fake identities. Errant persons become more emboldened
in their offensive behaviour if they think that they will not face any
consequences. In recent years, there have been numerous reports of internet
users receiving unsolicited e-mails which often contain obscene language and
amount to harassment. Those who post personal information about themselves on
job and marriage websites are often at the receiving end of ‘cyber-stalking’.
Women and minors who post their contact details become especially vulnerable
since lumpen elements can1200 ///
use this information to target potential victims.
