Teaching the Law

Teaching is a noble profession, respected since ancient Vedic era. Teaching is an art. This art can be acquired and mastered by practice. A person who has no aptitude towards teaching cannot develop this art. Teacher is an academic architect. He has a challenging role to play. ‘Teaching’ field should be the first and final choice of the candidate aspiring to become a law teacher. He should not be a person who is dragged to this field because he could not settle in advocacy. A teacher should be fully devoted to the job of teaching. Teachers are now well paid, have attractive service conditions and security of the job. Satisfied at the financial front and relieved of economic anxiety, they should put all their worth in their teaching job.

The letters of the law are dead and dull. The law teacher is expected to put life in these letters and make the topic interesting. ‘Easy go’ method of dictation of notes in the classroom should be avoided. The law teacher should endeavour to inculcate in the students importance of critical analysis of legal provisions, habit of original thinking, going at the root and genesis of a legal problem, understanding the legal provisions in the present economic, social and political perspective. Said Coke, “The reason of the law is the life of the law, for though a man can tell the law, if he knows not the reason thereof, he shall soon forget his superficial knowledge.”

Before going to the lecture, the teacher should have prepared for his lecture. A teacher should refer two or three books per subject for this purpose. He may draw notes and synopses for his lecture. Time required for preparation for 50 minutes’ lecture may vary from two hours to many hours. Teacher should strive hard to get mastery over the subject. He should acquire the knowledge in depth. He should gather knowledge of his subject through all possible avenues like reference books, periodicals, Law Reports, Internet. Teacher should keep on studying throughout his life and learn new things.

There may be interaction in the class for about 5-10 minutes. Ask some questions to the students to test whether they have understood the topic. Ask whether they have any difficulties relating to the topic taught and solve those difficulties.

Blackboard and chalk should not be the only tool of teaching. Teacher may use over-head projector. This will save wasting of time in writing on the Blackboard. When a teacher turns to the Blackboard for writing, the students often start whispering and that distracts the attention. Over-head projector also is becoming obsolete now-a- days. PowerPoint presentation is an interesting tool to teach law. The teacher should learn the techniques of using the computer and related gadgets in his teaching methods.

The lecture should not be dull, boring and monotonous. Some topics are really dull. But it is the pedagogical skill to make such topics also interesting. The lecture may be made interesting by giving examples, illustrations, analysing cases. Rarely, telling anecdote or jokes may be resorted to; but the joke should be relevant to the topic. Your lecture should reveal your enthusiasm. The lecture should cover the topic comprehensively and should be properly planned and presented. The teacher should analyse the legal provisions and explain the significance of the leading cases. Simple language should be used, easy diction should be followed; complex and difficult topics should be simplified. Teacher is not on the dais to exhibit his high level of oratory, brilliancy, talent and deep knowledge. He is there simply to communicate his knowledge to the students in the form and style easily understandable to the students. His role is of conduit pipe through which knowledge is to flow freely and unobstructed to the students. Many law teachers lose sight of this important thing and go on pouring heavy knowledge on the heads of the students without caring to know as to the quantum and the quality of the knowledge that actually is being absorbed and imbibed by the students. This type of knowledge-loaded lecture of a law teacher, at times is barren and in fact it is his self-praising and not an attribute of good law teaching. The teaching methods should be so improved that the students are attracted towards class-rooms like a moth towards a flame. There are such ideal, distinguished teachers, though few in number, whose lectures no students wish to miss. Such teacher should be a role model for other law teachers to copy.

English is the medium of teaching for law course. Teacher should acquire command over language. Pronunciation should be correct, spelling (while writing on the blackboard) should be correct. Speech and writing should be grammatically correct. If students find mistakes in your English, they will lose their respect for you. Increase your vocabulary and improve your English. Simple way to improve the English language is reading English newspaper daily at least for 15 minutes and watching English news on TV daily for half an hour.

The law teacher should keep himself abreast of recent developments in his subject, especially with respect to the amendments and landmark judgements of the apex court. The law teacher may innovate new method of teaching e.g. he may formulate a legal quiz on his subject and conduct that quiz in the class-room at least once in a month. This exercise inevitably creates interest in the students and polishes their memory. Teaching by ‘Case Method’, ‘Problem Method’ and ‘Discussion Method’ is also very useful in imparting knowledge of legal principles. Teacher should ask the students to read leading cases from original Law Reports. Then the teacher should bring about group discussion of that case in the class-room. The discussion would be on the facts of the case, ratio decidendi, obiter dicta, if any, in that case. The teacher should explain to the students if that case overrules or distinguishes any earlier case and possible repercussions of the case. The students should be asked to argue for or against the decision of that case.

Factors which have indirect favourable effect on the delivery of lecture are: Properly fitting dress, clean shaven or properly trimmed beard, fresh and confident looks, relaxed body and mind, punctuality and presence of mind of the teacher.

A law teacher should be quite familiar with the college library. He must know which periodicals, which Law Reports are being subscribed to, which text-books which reference books and which Law Lexicons are available in the library and in which cup-board these books are stored. A law teacher should enrich his personal library. A law teacher should purchase every five years revised editions of relevant text-books and reference books of his subject. This keeps his knowledge updated. Rich personal library is an asset to the law teacher.

It is said that a good teacher is a person who never teaches, but only creates an atmosphere favourable for learning!

Obituary to Prin. Dev Raj Gupta

Prin. Dev Raj Gupta, Ex-Local Secretary of Dayanand Institutions, Solapur expired on 6th June 2009. He was 87.

He worked as Principal of the oldest and reputed college of Solapur viz. D.B.F. Dayanand College of Arts and Science from 1977 to 1983. He continued to be Local Secretary from 1983 till 2008.

He was able and tough administrator. His administration and method of work was transparent. He was always punctual and arrived in his office sharply at 10.30 a.m. He used to take important decisions after verifying all related facts and figures. Once a decision was taken, he never changed that decision even if heaven may fall. He had chaired hundreds of interviews for the selection of various posts from peon to Principal. He used to ask appropriate and pointed questions to select a right candidate. He had a vast knowledge from various faculties to his credit. He used to understand the body language of the candidates and employees. He freely praised sincere, hardworking and honest employees including Principals and he never hesitated to punish dishonest employees. At times, he used to take the hand of the Principal in his hand to convey his sincerity of purpose and to develop a close relationship with the Principals.

He was a great philosopher. When in good mood he used to say thoughtful shero-shairi. He also knew Urdu well.

He was never afraid of death. He had said that he was prepared to welcome death at any time.

While being Local Secretary, he had sent, on his personal grounds, his resignation few times to D.A.V. College Managing Committee, New Delhi. But the D.A.V had great faith in him and insisted every time to continue to remain on the post. This fact itself proves his honesty and capacity towards his work.

In this video-clip, taken at Pune, he is saying “Bus, Ho chuki Namaj, Musalla Uthaiye”. He means to say his work is over, his prayer is over, his reason to be on this earth is over and he may be relieved of his existence now by granting him death! What meaningful words!

He was a saint. Just like lotus flower, though in water not touched by water; he also remained on this earth without any attachment and bondage.

May his soul rest in peace!

A Poem

(Courtesy: Youtube)

Marathi Melody

Cruel Law

Under Indian Penal Code, attempt to commit suicide (S. 309) has been made an offence and the punishment prescribed for the same is one year simple imprisonment or fine or both. Two questions arise in this connection. Firstly, can an attempt to commit suicide rightly be treated as an offence and secondly, if it can be treated as an offence could the punishment prescribed have any deterrent effect at all? Or any effect at all? No doubt, tendency to commit suicide is increasing now-a-days. But we should look at the reasons behind it and not only to the consequences of the suicide on the society. Why a person commits suicide? This question cannot be answered satisfactorily in a straightforward and direct way. It is a complex pattern of circumstances that compels a person to commit suicide and various factors have to be considered in this respect. The most common causes for which persons commit suicide are longstanding incurable illnesses, marital incompatibility, failure of love affairs at the threshold of youth, poverty, mental disorders. These causes have necessarily a concern with sociology and psychology. A person amidst of such circumstances, in which he finds himself helpless and as a result having mental imbalance, always has a tendency to commit suicide. So the solution of the problem of preventing suicide is a matter of consideration for sociologists, psychologists and psychiatrists rather than criminal law. In many countries attempt to commit suicide is not made an offence. In India also, it would be desirable if the legislators look at the problem of preventing suicide from sociological and psychological point of view rather than criminal point of view. A person attempting to commit suicide is always desperate person, he needs sympathetic approach from society and the society must not consider him as an offender. Secondly, about the punishment for this offence. Can the punishment in this case have any deterrent effect? A person who has decided firmly to commit suicide can never be prevented by deterrent threat of punishment from achieving his aim. Expecting that one year imprisonment would deter a person in committing suicide will be to remain in fool’s paradise. A person who has shown readiness to embrace death can never be deterred by any punishment. Has the punishment reformative value? Not at all. Are you going to reform a person by keeping in prison who is not offender at all, but he himself being a victim of desperate circumstances?

Crimes are acts which produce evil effects to some one else. If this criterion is applied, attempt to commit suicide cannot be treated as a crime. Over one’s body and life, the individual is sovereign. The suicide-prone persons are frustrated persons; prosecuting them for their attempt to commit suicide would be ‘persecution’ and not ‘prosecution’.

If a person has no duties to perform to others, when he is terminally ill, decides to end his life and relieve himself from the pain and suffering of living and relieve others from the burden of looking after him, why should not he be allowed to do so? A person cannot be forced to live life to his disliking. The Law Commission of India in its 42nd Report had recommended repeal of Section 309 of the I.P.C. on the ground that this penal provision is harsh and unjustifiable. The Supreme Court in P. Rathinam v. Union of India, (A.I.R. 1994 SC 1844) had rightly held that S. 309 of I.P.C. is a cruel and irrational provision violative of Art. 21 of the Constitution and should be effaced from the statute book to humanise penal law. Though this decision stands overruled by the case of Gian Kaur v. State of Punjab, (A.I.R. 1996 SC 1257), the repeal of Section 309 of I.P.C which is the need of the hour, will virtually nullify the decision of Gian Kaur.

Those who want to live, let them live; those who want to die, let them die peacefully!

Discriminatory Law

Section 497 of the Indian Penal Code punishes adultery. Section 497 runs as follows: “Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.”

It is very astonishing to note that in this case, only the male partner is made liable for punishment. As the sexual intercourse does not amount to rape, necessary implication follows that woman is willing and consenting party to the act of sexual intercourse. Why then woman is exempted form liability? Moreover, even if she invites a male for this purpose, she will not be held guilty of any offence. This is very ridiculous. A married woman has a greater duty than a stranger has, to abstain from doing such an act so as to preserve the fidelity towards her husband whom she owes faithfulness on account of marital tie. But in this case, her infidelity is excused completely and only the stranger (man) is held liable, even though both parties are equally responsible for commission of this act. This is clear discrimination. And this cannot be called protective discrimination either. Excluding her from criminal liability is not based on any convincing logic or reason. Indian Penal Code’s provision of ‘adultery’ exhibits double standards. Ranbir Penal Code, 1932 which is in force in Jammu and Kashmir State penalises such wife also. In Pakistan, Saudi Arabia, Iran, Egypt etc. both participants i.e. man and woman are punished for adultery. It should here be remembered that in ancient Hindu Law Manu had provided for punishment to adulteress.

The Section 497 needs to be amended to provide punishment to the wife also. If the last sentence in this section, ‘In such case the wife shall not be punishable as and abettor’ is deleted this effect would be achieved. The discrimination inherent in this section can be avoided by another way also. The whole section 497 may be repealed and the act of adultery decriminalised. This will be bringing our law in line with the law in England. In England adultery is no crime. Repealing this section will not leave the husband of such adulteress wife without any remedy. He still may use this act of adultery as a ground for divorce and get separated from such disloyal wife.

Biased Law

Can you believe that a phone call can cost you Rs. 20,000. Not an international call, but a domestic call for even a single minute can cost you Rs. 20,000. A Magistrate is empowered to pass a protection order in favour of a wife and prohibit the husband from attempting to communicate the wife including oral, written, electronic or telephonic contact under Section 18(d) of the Protection of Women from Domestic Violence Act. If such husband, against whom a protection order is issued, makes a phone call to his wife, he has committed an offence under Section 31 of this Act for which punishment could be not only Rs. 20,000 but also one year of imprisonment. Moreover, this offence is cognizable and non-bailable. Such husband making phone call to his wife can be arrested without warrant and would not get bail easily as the offence is non-bailable. Does this disproportionate punishment not offend our conscience? The worst part of the legal provision is to be found in Section 32(2) of the Act which provides that the sole testimony of the aggrieved person, in this example the wife, the court may conclude that the offence has been committed by the accused. This provision is against the principles of natural justice. Such husband even if has not made a phone call and wife says falsely that he has made a phone call to her, the court can convict the husband and punish him for no crime. The Section 32(2) is totally biased in favour of females and against males. Law is irrationally presuming here that females always speak true and males always lie! This is an example of sex-biased law.

One more example of extreme favourable attitude of law towards females can be found in clause (e) of Section 18 of this Act. While passing protection order Magistrate can prohibit a man from operating bank lockers or bank accounts held by both the parties, jointly by the aggrieved person and the respondent or singly by the respondent without the leave of the Magistrate. The protection order would be justified only if it prevented the man from operating joint bank lockers or joint bank accounts. But the protection order can go further and also prohibit operating bank locker or bank account held separately by the man without the permission of the Magistrate. Man is expected to ask permission from the Magistrate every time he wants to withdraw his own money from his separate individual bank account. What more humiliation of a man can be done than this!

Gone are the days when wives were driven out of home by the husband. This law enables Magistrate to drive the husband out from his own home, shared with that woman (who may be his wife, daughter, sister or mother) under Section 19(b) of the Act.

Unjust Law

Imagine a man marries today and his wife delivers a baby tomorrow. The man asserts that he is not the father of that baby. Law shuts his mouth and does not permit him to bring any evidence to prove that it is not his child. This is what the effect of Section 112 of the Indian Evidence Act is! Section 112 says that the fact that any person was born during the continuance of a valid marriage between his mother and any man shall be ‘conclusive’ proof that he is the legitimate son of that man. The man in the above example can succeed only in one circumstance. That circumstance is that he had no access to his wife at any time when the child could have been begotten. But ‘access’ and ‘non-access’ is interpreted by the Supreme Court as existence and non-existence of opportunities for sexual intercourse; it does not mean sexual intercourse (See Chilukuri Venkateshwaralu v. Chilukuri Venkatanarayana (1954) SCR 424). So proving ‘non-access’ is very difficult in view of this interpretation of ‘access’ and ‘non-access’. Say for example, husband will have to prove that he was abroad during the period within which the child could have been begotten. Because if he is in India, he certainly can have access to the woman, meaning he has always ‘opportunity’ to meet that woman anytime. The Court says man has ‘access’ in such case and access does not mean existence of sexual intercourse.

Blood group test can in some cases prove that the man is not the father of that child. Moreover, modern scientific DNA test can conclusively prove or disprove the paternity in any case. But the law has not taken note of these scientific discoveries. The Court cannot even admit any evidence to disprove the presumption of paternity because Section 112 raises ‘conclusive presumption’ in favour of paternity in such cases. There are many presumptions under the Evidence Act. But many of them are rebuttable where the phrase ‘the court may presume’ or ‘the court shall presume’ is used. If the presumption under Section 112 would have been of any of these types, there would not have been any objection. But the presumption under Section 112 is conclusive. No proof to the contrary is allowed. There is no justification for making this presumption conclusive. Law should try to find out the truth with the help of the proof wherever possible. Resort to the ‘presumptions’ should be rare. ‘Conclusive presumption’ should not find any place in the Evidence Act. Why the other side should not be heard? Why the contrary evidence be not scrutinised and weighed? Why the eyes of the law be closed and the hands of the courts tied by providing ‘Conclusive Presumption’?

In view of the modern scientific advances the paternity of a child can be easily determined by DNA test. When the science authentically says that a baby is not the child of a particular man, law denies this fact and does not even allow the proof to be admitted. This is, in other words, law providing for ‘conclusive proof’ that the Earth is flat!