Persuasive Writing
By Prof. Padmanabha Ramanujam
 
     
 

What is the purpose of legal writing? Unlike general news pieces meant to inform the readers, legal pieces, especially legal arguments presented in courts are meant to persuade. Persuasive writing is an essential skill for any lawyer. Much of legal education is delivered towards that end, to equip students with this skill. Law School activities such as moot court competitions, preparing case comments, writing research articles are intended towards honing this skill. However, the most common strategy the law students use, or rather misuse, for persuasive writing is simply reiterating their opinions. To persuade requires more than simply repeating your arguments. So, what does persuasive writing entail?

To persuade, a lawyer must show how the law favors the client’s position. The best way is by being professional and honest. Lawyers are social engineers and have a special responsibility towards ensuring the quality of justice served. As such, they should be honest about the law and the facts. Being fully informed as to the application of the relevant laws to the relevant facts is of the utmost importance for building your case. Once all the necessary facts and laws are laid bare, the lawyer can fully argue their client’s position. It also removes the possibility of being blindsided by some law of fact that was purposefully omitted. However, an important strategy is to emphasise upon the helpful facts and laws and de-emphasise upon unhelpful facts and laws. Then follows the crucial aspect of presenting arguments from the client’s point of view. Using the relevant laws and facts, a lawyer will then show the correctness of the client’s position. To achieve this, they will often craft sentences and choose words to persuade. The entire narrative is weaved in a manner that one logically follows the other, the laws and the facts logically seem to further the client’s position.

This is how any lawyer or aspirant should write legal brief, where things seem to naturally fall into order.

 
     
     
     
  Attorney General for India v Satish and Anr. 2021
By Shambhavi Thakur  
 
     
 

The appeal in the Supreme Court arose from the Bombay HC ruling in the case of Satish Ragade v State of Maharashtra (2021). The case was lodged by the mother of the survivor who alleged that the accused had lured the child to the house on the pretext of giving guava, and then groped her breasts and tried to remove her salwar. The special court convicted the accused under sections 354, 363, and 342 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offenses Act (POCSO). The Bombay HC overturned the special court’s decision and held that groping a miner’s breast without akin to skin contact cannot be considered sexual harassment and acquired the accused under Section 7 of the POCSO Act.

Appeals were filed in the Indian SC by the Attorney General for India, the National Commission for Women, Maharashtra, and the accused against the decision of the Bombay HC.

The SC set aside the ruling of the Bombay HC and categorically stated that the most essential element for constituting sexual assault under section 7, is the sexual intent and not the presence of ‘skin to skin contact’. The SC further held that the assessment of Section 7 by the high Court was absurd and noted that equating the requirements of ‘touch’ and ‘physical contact’ set out in the section to instances of ‘skin to skin contact’ would end up destroying the rationale of the provision. The court noted how if such were the case, then an individual intending to assault a minor could conveniently resort to using surgical gloves in order to escape the requirement of ‘skin to skin’ contact and thus circumvent the provision’s applicability. Furthermore, the intent of the legislature behind enacting the provision could only be attained by applying a broader interpretation and it must be undertaken in furtherance of public good.

 
     
     
 
  Niche Area of Law
By Prof. Nishant Sheokand

Legal theory and Civil Laws
 
     
 

Do you want to become a critical thinker? A lawyer who is a class apart? Legal theory and civil law are the way to go about it. This field of law is an intellectual engagement with some of the most difficult issues in law and legal theory, and engagement is distinguished by rigor, depth, and conceptual sophistication requiring immersion in law as an academic discipline as well as informed openness to neighbouring disciplines.

It is for the thinkers of the thinkers, basically raises the legal minds to the highest level of professionalism in analysis and argument, equipping them intellectually for legal practice or work as a legal academic at the highest level, as well as for a wide range of other intellectually demanding roles. It trains a potential lawyer for the courtrooms, an academic setting, and elevates the potential. You will develop an understanding of neighbouring academic disciplines sufficient for a mature appreciation of the place of law in the world and a mature and critical attitude towards the law.

 
     
 


Strange law
 

 
     
 
By Sushant Kumar Sharma  

Shooting public picture of a nice building or a mesmerizing view is a very common practice out there in the youth specially in middle eastern kingdom, but if you are in Saudi Arabia sharing public photos online to decorate your social media feed might get you into jail. In the cybercrime laws of Saudi Arabia there exists a provision that might get people who have the hobby of clicking public pictures online into jail, yes you read it right clicking public pictures can get you behind the bars in Saudi . the article 3 of the 2007 cybercrime law, states that if any person takes a photo and the said photo violates someone’s privacy rights and then if the person posts that photo on social media, then that person should be punished with one year of jail or a fine of up to 500,000 Saudi Riyals which amounts to approximately rupees 10,200,000.

Anyone who takes a photo that violates someone’s privacy rights and then posts the photo to social media should be punished with one year in jail or a fine of up to 500,000 Saudi Riyals (£100,000).

 
 
     
     
     
  Fathima Beevi- India’s 1st woman judge in SC
By Muskaan Dargar
 
     
 

Even before the phrase ‘glass ceiling’ entered common parlance, we had a female judge in the Supreme Court already smash it. With a quiet efficiency that defined her career, on 6 October 1989, M. Fathima Beevi became the first female judge in the Supreme Court, a position she held till her retirement on 29 April 1992.

Justice M. Fathima Beevi began her journey to the Supreme Court from a small village in Kerala. She was born on 30 April 1927, in Pathanamthitta town in the erstwhile princely state of Travancore in Kerala in pre-Independence India. She did her early schooling in the Catholicate High School in Pathanamthitta and passed her matriculation in 1943, going on to study Science for six years in Trivandrum (now Thiruvananthapuram), where she graduated.

At the time, for a young girl to live apart from her family and go to the city was a bold move, and her father backed her decision wholeheartedly. She wanted to pursue her MSc in Chemistry but her father dissuaded her. He was ambitious for her and wanted her to study law. In keeping with his wishes, she joined the Government Law College, Trivandrum. At the time, Anna Chandy was the first woman judicial officer working near Travancore. Her father was very impressed by Chandy’s achievements and perhaps, she motivated him to dream of his own daughter making her mark in the judiciary.

An earnest and hard-working student, Fathima Beevi was but one of the five girl students in her class to enroll. After that, she did an internship under a senior lawyer for a year. She became the first woman to top the Bar Council of India’s exams and was awarded the Bar Council gold medal for 1949–50.

Her formal career in law began on 14 November 1950 when she was enrolled as an advocate in the lower judiciary in Kollam, Kerala. She was an outlier in the courts of the time. Men dominated the premises and women were barely seen, especially in positions of authority.

In 1958, she was appointed as a munsiff in the Kerala Subordinate Judicial Services, and a decade later, promoted to subordinate judge in 1968. She rose swiftly in the ranks then on; on 4 August 1983, to the Kerala High Court as a judge. It was a meteoric rise by any standards, given the times and lack of diversity in the judiciary back then. She was now the first Muslim woman to be appointed to the higher judiciary.

A year later, she was made a permanent judge of the Kerala High Court from which she retired in April 1989. However, barely a few months later, she was appointed to the Supreme Court as judge in October 1989, making her the first female judge of the Court. This was indeed a watershed moment in the history of the Indian judiciary.

 
 
 
     
  News & Events  
     
 

An increasing number of companies worldwide are using bitcoin and other cryptocurrency for a host of investment, operational, and transactional purposes. As with any frontier, there are unknown dangers, but also strong incentives. Catch Prof. Padmanabha Ramanujam in conversation with The Week Magazine where he explore the questions and insights on "Why Cryptocurrency should not be banned".

Access at:
https://www.linkedin.com/feed/update/urn:li:activity:6907239559411998720


 

IFIM Law School organized its maiden National Moot Court Competition from 25th February 2022 to 27th February 2022. The Competition was conducted offline at IFIM Law School’s campus. Congratulations to all the Winners & participants. On to the Next One

Access at:
https://www.linkedin.com/feed/update/urn:li:activity:6906864721006346240

 

We feel proud and Congratulate Ms. Nazneen and Mr. Nimkt Jain (3rd-year BB.A LL.B students) who have emerged as Runners Up of Louis M Brown and Forrest S Mosten International Client Consultation Competition, 2022 organized by HNLU Raipur from 5th to 6th March 2022.

Access at:
https://www.linkedin.com/feed/update/urn:li:activity:6906477450969124865

 

The Panel Discussion - "Punching the Prejudice: A discussion about the struggles and success of women in sports".It was hosted by the Centre for Sports Law, Economics and Policy. It aims to converse about the issues and their possible solutions with accomplished panellists.

Access at:
https://www.linkedin.com/feed/update/urn:li:activity:6904693812870959104


Editorial Team:
Chief Editor: Prof. Padmanabha Ramanujam
Managing Editor: Prof. Nishant Sheokand
Executive Editor: Ms Shambhavi Thakur