Tips of Studying Techniques

Every student aspires to pass in the examination. Intelligent and hardworking students desire to obtain first class or distinction or even a rank in the merit list. To obtain success in the examination following tips are useful to the students. These tips are especially for the Law Students. However, most of the tips are applicable to the students of any faculty. Those who follow the following 11 tips are sure to get at least first class in the examination!

1. While reading books: While reading books, discriminate between what is important and what is not important. Be careful about what to read and what not to read. Acquire the habit of identifying and grasping the essential points.

2. Plan of Studying: Law Course is having Semester Pattern of Examination. Dates of University Examination fall ordinarily in the last week of October for the first semester and the first week of April for the second semester. The student barely gets 3 to 4 months for studying and preparing for the examination. Every student should plan the calendar of his study in the beginning of every term. Remember, failing to plan is planning to fail!

3. Memorising Definitions: In Law ‘definitions’ carry importance. In the first month of every term all the important definitions of all the subjects should be learnt by heart. If you memorise definitions of various offences in the Indian Penal Code, you can also state the ingredients of any offence by analysing that definition.

4. Confine study to topics in the syllabus: There is no need to read complete book of every subject. First, go through the syllabus for that subject and study only those topics from the book. Whole Acts and Codes are not prescribed in the syllabus for many Papers. In such cases, confine your study to prescribed topics only. This way you save time. Syllabus of all courses is available on University website.

5. Read Text Books/Reference Books: Studying from the small sized ‘Guides’ or ‘cyclostyled notes’ of a coaching class does not give correct idea of the subject. It is necessary to read, for every subject, at least one text book or reference book of a standard author.

6. Preparing Notes: Student should prepare his own notes while reading law books. First reading of the book should be rapid reading. Notes should be prepared while reading the book second time. Approximately 100 pages (foolscap sized paper) notes should be prepared for every subject. The manuscript of Notes should contain 2" margin in which summary of notes on that page should be written. This summary should be read about two hours before commencement of the examination. If sufficient time is not available for preparing notes and a student owns his own law books, underlining of important points in the book is the substitute. Summary of points may be written in the margin of the book.

7. Law Dictionary/Law Lexicon: A new law student comes across many new legal terms while reading books. Law dictionaries and law lexicons are available in the market. A law student must purchase one law dictionary to find out the meaning of legal terms there. Dictionary containing Latin words and phrases would be more useful as legal topics contain many Latin words.

8. Use of Internet: Lot of important legal material is available on the Internet on various websites. All Central Bare Acts are available on the website http://www.indiacode.nic.in/ Many Articles on current legal topics can be found on search with the help of any search engine like Google. The student should take interest in taking a tour in this cyber world for getting knowledge relevant to his area of study!

9. In the Last Month of the Term: Three weeks before the commencement of the Semester Examination and during the Examination period, you should completely concentrate and focus on your study. If you are serving somewhere, better take one month’s leave during this period. During this period, time should not be wasted in any entertainment, watching TV or any other time consuming activity. But sufficient rest after exhaustive study is essential. Maintain physical and mental health during this period.

10. During the period of Examination: While your examination is going on:
(i) Do not reduce your routine period of sleep for more than two hours for the purpose of study. You forget things if you get insufficient sleep.
(ii) Avoid oily, spicy and heavy food. Prefer light meals and ample use of fruits.
(iii) Keep mind relaxed. Do not worry at all about the result of the examination.
(iv) As far as possible avoid any new medicines. Some medicines may cause drowsiness and some may give rise to allergy. You cannot afford these consequences in examination period.
(v) Avoid any guests or relatives visiting you in this period. Intimate them politely, in advance, about the period of your examination.

11. In the Examination Hall:
(i) Keep your mind completely free of any tension or anxiety. Try to be relaxed as much as possible. Remember, performance is always sub-normal in nervous state.
(ii) Carefully read the complete question paper including ‘Instructions’ in the beginning. Try to understand the scope of question and what is exactly expected in the answer for the question.
(iii) Forget about the whole world and be completely lost and engrossed in writing answer-paper.
(iv) Solve easy questions first and difficult questions last.
(v) Your handwriting needs to be legible. However, do not waste time in writing in very good handwriting, which takes more time.
(vi) The speed of writing should be sufficient to cover writing exhaustively and to complete answers to all the questions.
(vii) Distribute pragmatically the time of two hours for writing all the questions in efficient manner. Occasionally keep a watch on your wrist-watch! Time may be running short.
(viii) If you are running short of time, make up for that in last half hour of the examination.
(ix) In the last half hour, ascertain that you are writing answer to the last remaining question. Time management is indispensable.
(x) Wherever appropriate begin answer with ‘Introduction’ and end with ‘Conclusion’. Wherever necessary answer should contain significance of the topic, case law, amendments.
(xi) Titles and sub-titles may be written in all Capital letters or underlined. Important points may be underlined.
(xii) Lay-out and presentation of your answer should be neat and attractive.
(xiii) Take care of grammar like punctuation, spelling and construction of sentences.
(xiv) How much you write is not important; what you write is important.
(xv) When you have option of questions, make a right choice. Solve that question which contains more points and about the answer of which you are sure what to write than the question which is vague, requires descriptive answer and about the answer of which you are not sure what to write.
(xvi) Write to the point and comprehensively. See that not a single point is left un-stated and that a single mark is not lost from earning. Remember, one mark plus or minus may change your result from ‘Fail’ to ‘Pass’ or from ‘Second Class’ to ‘First Class’ and vice versa.
(xvii) Do not leave any question un-solved. Even if you do not know the correct answer, solve the question. Your answer may be right to some extent and you may get some marks. Even if your answer turns out to be wrong, you lose nothing, because there is no negative marking system. However, solve such question at the end.
(xviii) If you have completed your writing and if some time is still left, go through the whole paper and correct any mistakes which may have been inadvertently made by you while writing answers.

Finally, Best Luck for your Examination!

Death

Life and Death are inseparable. These are the two sides of the same coin. Every 'life' is endowed with the gift of 'death'. Yes, it is a 'Gift'. Death is not a bane; it is boon! If a man becomes immortal, it can be called as a curse! See the life of Ashwathhama in Mahabharat, who happens to be immortal; but that has become a curse for him. Because of uncertainty of life and because nobody knows when he is going to die, there always remains charm in life, curioisity for the future, mystery being unfolded day by day. We think and worry about what will happen after our death to our family members, our sons, our daughters, our spouse. Really, nothing happens to anybody after our death. Marathi Poem of Bha. Ra. Tambe "Jan Pal Bhar Mhanatil Haay Haay" contains the real truth. We do not know; but many persons are waiting for our death for various reasons. Outwardly, they show love and affection; but deep down, everybody is selfish. You are required till you can help others and others need you. It is need based love. When your utility is over, you have no value; then everybody will ignore you; you die and nobody will even notice your death.

You should know the life and death in its real sense. Only Osho knew the real meaning of life and death. His philosophy is great. Osho's philosophy is simple to understand and strongly convincing. But it is very difficult to digest. Osho desired that his death should not be mourned but celebrated by his disciples with dance and songs! And that happened.

Yes. Death should be celebrated and Birth should be mourned! Life is full of misery and problems. So birth in this world can be called as a curse. Everybody pretends that he is enjoying life. . . . . . . . . . . . . . . .

Promise

Promise yourself-

To be so strong that nothing can disturb your peace of mind.
To talk health, happiness and prosperity to every person you meet.
To make all your friends feel that there is something in them.
To look at the sunny side of everything and make your optimism come true.
To think only of the best, to work only for the best, and to expect only the best.
To be just as enthusiastic about the success of others as you are about your own.
To forget the mistakes of the past and press on the greater achievements of the future.
To wear a cheerful countenance at all times and give every living creature you meet a smile.
To give so much time to the improvement of yourself that you have no time to criticise others.
To be too large for worry, too noble for anger, too strong for fear, and too happy to permit the presence of trouble.
To think well of yourself and to proclaim this fact to the world not in loud words but in great deeds.
To live in the faith that the whole world is on your side so long as you are true to the best that is in you.

Euthanasia

Euthanasia means mercy killing. The word ‘killing’ has a tinge of cruelty. But recently, a new concept of euthanasia is evolving in which there is neither cruelty nor criminality. The question is, should a person, who is suffering from a terminal illness, incurable disease be permitted to die prematurely i.e. before his natural death. A patient in persistent vegetative state i.e. in a state of coma can survive in such unconscious state for months together with the help of respirator. There is no meaning in keeping such person technically alive with the help of medical facilities. If his unconsciousness is irreversible with permanently non-functioning brain, showing no spontaneous respiration or cephalic reflexes, no brain waves (a flat electroencephalographic recording), the doctor should be allowed to disconnect life sustaining machine, such as respirator and withdraw other treatment from such patient. But as the law stands presently, this would be a case of murder committed by the doctor. If the relatives of the patient have sought this course, they would also be likewise guilty of murder or abetment of murder.

A person who is suffering from excruciating pain in the last stage of his incurable cancer or last stage of AIDS or longstanding crippling paralysis or any other painful and incurable disease my express his genuine desire to die. It is in the fitness of the things that he should be granted mercy death. The risk of incorrect diagnosis can be avoided by consulting two expert and experienced doctors. Sometimes person of extreme old age who do not want to be burden on others also desire to die. If their desire is found to be real, they may also be granted euthanasia. Often, a person out of frustration, disappointment or momentary emotional outburst expresses his desire to die. But he really does not want to die. He wants very much to survive provided such unfavourable, unfortunate circumstances are eliminated. Such unreal desire to die must be distinguished from real, persistent, firm desire to die. In such cases of pseudo-desire or momentary desire to die, what is required is psychiatric treatment, proper counselling and dealing with him with love and affection. Giving mercy death promptly on his momentary desire to die would be a blunder. But decision to die taken wisely, in good mental health has to be respected. There is nothing in the world to which man has a more strong title than to his own life and person.

Euthanasia may be passive or active. If life sustaining machine is disconnected or medical treatment is stopped to a patient and a patient dies, this will be a passive euthanasia. On the other hand, if a patient or a person who desires to die is given a lethal injection or a lethal drug and he dies, this will be active euthanasia. One is the act of omission; the other is the act of commission. The effect of both is the same. Today, both these acts would be equally criminal. After legalising euthanasia both these act would be devoid of criminality. In one case, Mckay v. Bergstedt, a patient had filed a petition to the District Court, in the State of Nevada in U.S.A. for permitting disconnection of his respirator. The District Court granted permission. The State appealed to the Supreme Court of Nevada who affirmed by majority the District Court’s judgment. The Court took the view that the desire of the patient for withdrawal of his respirator did not amount to suicide – the same was rather an exercise of his constitutional and common law right to discontinue unwanted medical treatment. It is submitted that the patient was really requesting the Court to sanction affirmative act of suicide. Moreover, there should not be any difference in criminal liability when euthanasia is caused either by omission or commission of the act. The decision of the Court really paves the way of granting euthanasia, and in near future by commission i.e. active euthanasia.

If euthanasia is decriminalised or permitted, attempt to commit suicide cannot survive as an offence. Attempt to commit suicide is self-helped attempt to euthanasia, a third person like doctor, may come into picture. Otherwise there is no difference. With due respect to the Supreme Court, the decision in Gian Kaur v. State of Punjab (AIR 1996 SC 1257) which overruled P. Rathinam v. Union of India (AIR 1994 SC 1844) is clearly wrong. The decision given in P. Rathinam case invalidated S. 309 of the Indian Penal Code (Penalising attempt to commit suicide) on the ground that it violated Art. 21 of the Constitution is a considered and wise decision. Law Commission of India had in its 42nd Report of 1971 recommended deletion of Section 309 of IPC. Attempt to commit suicide is now no crime in many civilised nations like U.S.A. and U.K. Over oneself, over one’s own body and mid, the individual is sovereign. In P. Rathinam’s case after observing that no person can be forced to live a life to his detriment, disadvantage or disliking, held that right to life under Art. 21 of the Constitution also includes the right to die. This decision was unfortunately overruled in Gian Kaur’s case. This decision, if had not been overruled would have helped the euthanasia to take its roots.

Under present legal position, euthanasia is a murder or culpable homicide not amounting to murder if the consent of the person seeking euthanasia is obtained. For this reform of decriminalising euthanasia, Section 300 of the Indian Penal Code defining murder requires to be amended and an exception engrafted thereunder for the act of euthanasia. This exception would be of different type than the present five exceptions. Present five exceptions begin with the phrase ‘Culpable homicide is not murder if . . .’ The Sixth Exception should be worded as:
“Culpable homicide is no crime, if it is a case of euthanasia granted under the rules framed by the State.”

Fears are expressed that if euthanasia is legalised, the provision may be abused e.g. to grab the property of rich person, his heirs may kill him under the guise euthanasia. An enemy or undesirable person may be done away with under the shelter of euthanasia. These fears are not misplaced. But following precautions may be taken to allay these fears and to avoid possible misuse of legalised euthanasia. The rules of euthanasia will be framed by the State Government. The rules should provide for the constitution of a committee of euthanasia. Only after a clearance from this committee, euthanasia will be granted. The committee will consist of four members. The District Judge would be ex-officio member and also Chairman of this committee. Other three members would be: i) Civil Surgeon ii) Experienced Physician or Surgeon iii) Social Worker. This committee would confirm whether following criteria or conditions for granting euthanasia exist.

(1) Euthanasia at the desire of the person himself:
(a) For the reason of terminal and incurable disease – A patient, who is conscious and in sound mental condition suffering from a disease, certified by two expert doctors as terminal and incurable disease expresses repeated desire to die.
(b) For any other reason – A person for any other reason expresses his desire to die and his desire is genuine, persistent and justified in the circumstances.

(2) Euthanasia at the desire of the relatives of the person:
A patient is in come, certified by two expert doctors as irreversible coma and all the near relative of the patient express their desire of euthanasia to the patient.
The phrase ‘near relative’ would be defined to include only major sons, major daughters, spouse and parent.

Any one of the following modes for carrying out euthanasia may be adopted.
(1) Electrocution – In this method, a current of 8 to 10 amperes and 2000 volts passed through the body results in unconsciousness in fraction of a second, before the nervous system of the body can record any sensation of pain and painless death ensues in few minutes.
(2) Lethal Injection – This simple mode of carrying out euthanasia would consist of giving intravenous injection of a lethal drug like sodium pentothal, which causes to the person deep sleep in few seconds and the person thereafter dies instantaneously and painlessly in this deep sleep.

As a general rule, nobody likes death. Except great saints everybody fears death. Everybody wants to live long and to postpone his death with the help of modern medical techniques like by-pass operation on his hear, kidney transplantation and so many other medical facilities. This is but natural as the desire for survival is inborn. But in rare cases, exceptional circumstances, the life may become unbearable and burdensome when a person may prepare to embrace death and get rid of the agony. In such cases euthanasia may be a boon!

Life

Life is half spent when we know what it is!

Dazzle

Silver is white and gold yellow
Up the sky and earth below
Noon is bright and night calm
Dawn is fresh and morning warm

Eager to learn and eager to earn
Essential for life to take a turn
Progress should be aim, mind always
Path is lengthy, difficult are ways

Reach the destination, overcome obstacles
Enable capacities, ignore troubles
Easy would be then, days to come
Think of tomorrow, never succumb

Ideas are many, see a dream
Victory is yours if you work extreme
Action should be sincere and bona fide
Remember to see positive side

Alone we come and alone we go
Dazzle for a while and then go