AmiCode e-Newsletter_Nov 2017_Amity Law School Noida

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Published on December 11, 2017

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slide 1: 1 AmiCode AmiCode/November 2017/Volume 01/Issue 02 Amity Law School Noida slide 2: 2 Student Reporters: Ms. Kajal Sharma Ms. Sonal Gupta Ms. Jasmine Chauhan Student Photographer: Mr. Raghav Goyal Mr. Apoorv Pandey Mr. Tanishq Srivastava CHIEF PATRON Dr. Ashok K.Chauhan Founder President Amity University PATRON Dr. Atul Chauhan Chancellor Amity University Co-PATRONS Prof.Dr. Balwinder Shukla Vice Chancellor Amity University Uttar Pradesh Dr. D.K. Bandyopadhyay Chief Adviser FPO Amity Group Chairman-Amity Law School Amity University Uttar Pradesh Editor-in-Chief Prof.Dr. Aditya Tomer Additional Director Amity Law School Noida Amity University Uttar Pradesh Editor Ms. Lekha Rani Singh Assistant Professor Amity Law School Noida Amity University Uttar Pradesh Student Editorial Team: Ms. Akansha Srivastava Mr. Khajit Thukral Ms. Mansi Dhaka Ms. Avni Agarwal Student Technical Support: Mr. Dhananjai Singh Rana Articles/Views/Book Reviews/Poems/Interviews/ Short Stories: Email id: lrsinghamity.edu Contact Address: I 3 Block Second Floor Room No. 203 slide 3: 3 AmiCode Law e-Newsletter aims to serve as a platform of expressions for the law stu- dents and legal professionals. AmiCode aims to facilitate the students to use their knowledge and writing skills in the field of law. Law plays a very significant role in our lives as it serves as norm of conduct for the citizens of the society. It is must for a peaceful and problem-free society. Our society would not be able to function efficiently without laws. It’s very im- portant to have a system of law in order to regulate a society. Law ensures that the human rights are respected and it is essential to safeguard our future generations. We at Amity University believe in the overall development of our students and provide them quality platforms to nurture their talent. The vision of Hon’ble Founder President is to create ambassadors of learning and values and that is exactly we are aiming at through vari- ous academic and associated activities. Amity University aspires to make each law student a successful lawyer and enable them to fulfill their dreams and to bring out the best in them. Each aspect related to law shall be discussed in AmiCode. The purpose is to support each learner in establishing a strong foun- dation of law. This bimonthly e-Newsletter shall be sharing the best of expert advice for a successful career in Law. I congratulate Amity Law School Noida for initiating AmiCode e-Newsletter of Law which has the essence of Amity’s foundation: Competence Commitment and Self- Motivation. Best wishes and blessings to team AmiCode faculty members students researchers le- gal professionals and career experts. Prof. Dr. Balvinder Shukla Vice Chancellor Amity University Uttar Pradesh Professor - Entrepreneurship Leadership Message from the desk of the Vice Chancellor slide 4: 4 We at Amity University envision a bright future for our stu- dents in the field of law by creating successful lawyers of all times. Following the vision of our dynamic Hon’ble Founder President we nurture talent. Students as well as the Faculty Mem- bers need to enhance their reading and writing skills regularly. As a student of Law each student is required to learn the multi- dimensional skill sets. Newsletter is the true face of any academic institution serving many purposes such as capturing what we have been do- ingmonitoring the outcome of activities showcasing the creation and dissemination of knowledge etc. I congratulate Amity Law School Noida and team AmiCode for coming up with this e-Newsletter. I am sure that with the active participation of ALSN students and Faculty AmiCode team will add new dimensions to learning. Dr. D.K. Bandyopadhyay Chief Adviser FPO Amity Group Chairman - Amity Law Schools Chairman’s Note: slide 5: 5 From the Editor-in Chief’s Desk: Let us walk together towards exploring the law. We at Amity University aim to make each law student a successful lawyer and enable them to fulfill their dreams. We at AmiCode shall provide the students a platform to bring out the best in them. We also aim to take AmiCode to the next level of success and allow students to enhance and use their knowledge and writing skills in the field of law. AmiCode will share the expert advices bimonthly and it’s one such initiative taken to shape the young law minds acumen. In this age of information AmiCode is initiated to establish a strong and shared foundation of ‘Law.’ “Amity Law” becomes AmiCode and this bimonthly e- Newsletter is presenting itself as a platform of learning and sharing. Each issue of AmiCode shall bring advice from career experts and will provide an opportunity to the students to present their observations writings research and legal aid initiatives. Prof. Dr. Aditya Tomer Additional Director Amity Law School Noida From the Editor’s Desk: A good researcher can never be a bad lawyer. AmiCode Law e-Newsletter aims at provide a platform to law students and legal professionals to express their views. As an Amitian I am sure that all our students will join this mission of self-growth and self-enhancement in the field of law. Through this bimonthly e-Newsletter we shall be sharing the best of expert advice for a successful career in Law. Each aspect which relates to law shall be discussed in AmiCode. The motive is to assist each learner in establishing a strong foundation of law. We hope that AmiCode shall serve as a platform of expressions. Ms. Lekha Rani Singh Assistant Professor Amity Law School Noida slide 6: 6 Laurels to Amity University : Winner of “British High Commissioner for a Day” Challenge on Girl’s Rights Ms. Rudrali Patil is a fifth year student of law at Amity Law School Amity University Noida. Rudrali has been involved in various social activi- ties since high school. Her interest in gender studies has been instrumental in bringing to her Law school the debate of gender and feminism. She is cham- pioning the cause of girls rights and possesses charismatic oratory skills. After Law School she aims to pursue litigation and social-entrepreneurship. She is an active participant of many extra-curricular and co-curricular activities in the college she has now have made everyone proud by winning British High Commission for a Day Challenge on Girl’s Rights. She has previously won various Debate competitions and moot courts and has been a president of Debating society Convener of Legal Aid Cell of Amity Law School and has also organized various conferences and seminars. Today she talks about her journey through law school and what it takes to be different from the others. 1.How would you like to introduce yourself to our readers I am Rudrali Patil student of Law at Amity Law School. Along with law I take keen interest in social work. I work for the cause of rural education and health. 2.While at university what co-curricular and extra-curricular activities if any did you participate in I have a rather hyper-active personality so I’ve always been doing some activity or the other apart from attending my regular classes. I performed relatively well during my first moot which was Surana and Surana Trial Advocacy 2015 and took to the activity keenly. I have done several moot after that which have honed by arguments and drafting skills. The legal aid society is very very close to my heart. Apart from that I write research papers. 3.How was your experience participating in British High commission’s one day challenge and how did you prepare for it I am grateful to Prof. Dr. Balvinder Shukla Vice Chancellor Amity University Uttar Pradesh for giving Amity Law School Noida a chance to participate in this challenge. I am thankful to Prof.Dr. Aditya Tomer Additional Director Amity Law School Noida and Ms. Lekha Rani Singh Assistant Professor Amity Law School Noida for giving me an opportunity to participate in this challenge. My experience participating in the challenge was very fruitful for my personal understanding of feminism empowerment etc. I had to prepare a video on my opinion on the rights of the girl child and suggest two ways through which I can change the present scenario. I sat together with a few peers and discussed the issue. This gave us an opportunity to share our experience introspect and articulate our thought in the open for the first time. I mentioned two issues in the vid- eo that I feel deeply about female feticide and infanticide and Holistic Education and Awareness campaigns and these are two issues I work on in rural parts of India. 4.What would you like to share about being the one day British Commissioner The experience was invaluable. I met the High Commissioner himself attended meetings on important policy matters and dined with very im- portant member of the High Commission. I was welcomed with so much warmth. I also visited IP College for Women in DU with the Deputy High Commissioner to share my experience with the students there and later attended an event organized the PLAN NGO with heads of several diplo- matic missions where the High Commissioner Sir Dominic Asquith KCMG and I represented UK in a QA round. I was also invited to meet Prince Charles. 5.Did you have any guidance on how to go about your academics co-curricular activities and internships and most importantly improving your skills There isn’t an advice fit for all to be honest. But I have learned this the hard way that your scores are extremely important along with a diverse range of extra-curricula’s of course. As a Law Student one must participate in one moot at least and concentrate on your research article/papers. 6.Any tips for our readers Keep experimenting Do different things try to read different genres participate in everything that comes your way of course without compromis- ing on your academics. The idea is to diversifying and keep yourself abreast of the developments in your field. Ms. Rudrali Patil Winner of the British High Commissioner for a Day Challenge slide 7: 7 5 th Global Conference on Cyber Space GCCS 2017 Global Conference on Cyber Space GCCS is a prestigious global event where international leaders policymakers industry experts think tanks cyber wizards etc. gather to deliberate on issues and challenges for optimally using cyber space. GCCS was launched with a view to establish internationally agreed “rules of the road” for behaviour in cyberspace and create a more focused and inclusive dialogue between all those with a stake in the internet governments civil society and industry on how to implement them. GCCS was organised earlier in London Budapest Seoul Hague Netherlands and this year it was organised in India. Ministry of Electronics and Information Technology Government of India had taken the charge to organise this conference. Amity University has collaborated as Academic Partners for this Global Conference of high repute and had the responsibility of content manage- ment. Amity University team was on-board as a Delegate for the Global Conference on Cyber Space - GCCS 2017 on 23-24 November 2017 at Aerocity New Delhi. Amity University had also conducted 6 Run-Up Events for publicizing the GCCS 2017 Conference. Amity Law School Noida Amity Business School Amity Institute of Information Technology Amity College of Commerce and Finance and Amity Institute of Telecom Engineering and Management were given the responsibility as per domain expertise to report the details of each session with their team members. A summar y re- port was also prepared and submitted to the Ministry of India. Amity Law School Noida had the responsibility to prepare the report of three sessions held on Nov 24 2017 at Hotel Pullman Aerocity New Delhi on the following topics Law and International Cooperation for Cyberspace Cyber Diplomacy for Prosperity – Digital economy and Implementation of SDG and Cyber Diplomacy4 Peace – Applicability of International Law norms of responsible State Behavior and Transnational Cooperation. It provided a platform to address key issues related to cyber space like the importance of inclusiveness and human rights in global cyber policy. Promotion of an inclusive Cyber Space with focus on policies and frameworks for inclusivity sustainability development security safety and freedom technology and partnerships for upholding digital democracy maximizing collaboration for strengthening security and safety and advocating dialogue for digital diplomacy was discussed. The speakers also informed that due to digital economy the future generation will get lots of job opportunities. ICT can present major chal- lenge to cyber security and therefore to provide concrete solution and promote the use of secured cyber space rules and policies should be made keeping in mind international security to enhance transparency and sustainability. slide 8: 8 Amity University Fresher’s 2017 Ms. Arshiya Singh of Amity Law School Noida won the Ms. Fresher Amity University 2017. She joyfully thanked her institute and judges for be- stowing the title upon her. A trained Kathak Dancer Arshiya impressed the judges with her confidence smartness and communication skills. She said that she will soon be representing India in a dance competition to be held in Europe and hope to make the country proud by winning there as well. 26 par- ticipants were selected after the first round held in September 2017 wherein 130 students from 65 Institutes of Amity competed to be part of the finals contestants. The Grand Finale contestants were adjudged on the basis of Attitude Grooming Soft Skills General Awareness and Specific Talent by judg- es. Mr. Mayank Bali of Amity Law School Noida won the title of Mr. Handsome Amity University in the Amity University Fresher’s 2017. Ms. Fresher’s Amity University: Ms. Arshiya Singh Mr. Handsome Amity University:Mr. Mayank Bali Mr and Ms Fresher’s Amity University Noida Amity University Noida Won Sangathan 2017 Amity Law School Noida won the Winner’s Trophy of Sangathan 2017 with 17 Gold Medals 15 Silver Medals and 09 Bronze Medals. Congratulat- ing the students on exemplary performance Dr. Ashok K Chauhan- Founder President Amity Group stated that Amity students are different and unique and Sangathan brings out their talents and potential. Dr. Chauhan remarked that every Amitian is groomed to contribute significantly to the growth and development of the country. He shared that very soon Amity would have Campus in each and every state of the country and in every country of the world and expressed his conviction that all Amitians will lead the country to unparalleled heights. slide 9: 9 AmiCode/November 2017/Volume 01/Issue 02 Administration of Criminal Justice System in India “We need to keep making our streets safer and our criminal justice system fairer so our world more peaceful and sustainable for the next gen- eration” Criminal law is to protect society against criminals and law-breakers. For this purpose the law holds out threats of punishments to prospec- tive lawbreakers as well as attempts to make the actual offenders suffer the prescribed punishments for their crimes. Therefore criminal law in its wider sense consists of both the substantive criminal law and the procedural or adjective criminal law. Substantive criminal law defines offences and prescribes punishments for the same while the procedural law administers the substantive law. Therefore the two main statues which deals with administration of criminal cases in our country are criminal procedure code i.e. Crpc and Indian penal code i.e. IPC being procedural and substantive respectively. However with the changing times the societal norms also change and people who are part of this society have to accept this change either by way of compromise or any other way in order to adjust and make them still the part of the very same society. In earlier days there was no criminal law in uncivilized society. Every man was liable to be attacked in his person or property at any time by any one. The person attacked either suc- cumbed or over-powered his opponent. "A tooth for a tooth an eye for an eye a life for a life" was the forerunner of crimi-nal justice . As time ad- vanced the injured person agreed to accept compensation instead of killing his adversary. Subsequently a sliding scale came into existence for satis- fying ordinary offences. Such a system gave birth to archaic criminal law. For a long time the application of these principles remained with the parties themselves but gradually this function came to be performed by the State. The germs of criminal jurisprudence came into existence in India from the time of Manu. In the category of crimes Manu has recognized assault theft robbery false evidence slander criminal breach of trust cheating adul- tery and rape. The king protected his subjects and the subjects in return owed him allegiance and paid him revenue. The king administered justice him- self and if busy the matter was entrusted to a Judge. If a criminal was fined the fine went to the kings treasury and was not given as compensation to the injured party. Later with the advent of western jurisprudence and passing of various charters and commissions and the advent of British rule the Indian society succumbed or we can probably say adjusted or adapted and aligned itself to the adversarial system of justice dispensation which pre- vails even today but with a lot of changes which have been time and again being made to it to suit to the needs of the changing times. In today’s world one needs to have a receptive broad and open mind in order to solve various problems which are discussed in chapter one being faced by our justice system. Since it is evident that a change is required in our criminal justice system and there is a need to adhere to recourse to alternative methods of dispute resolution even in criminal cases instead of making a major change we firstly have to see the common features of a trial and the procedure which is followed by our courts or system for the administration of criminal justice system in India Adv.Krishan Kumar Supreme Court of India The topic titled as “Reviewing Justice for Victim of Crime against women :Is more Law the answer” has assumed importance of its own keeping in view current scenario and justice delivery system especially with respect to crime against women. More hue and cry is for law making rather for ad- judication and execution. The crime and society go together in a way the law and system of compelled to separate them so as to have social solidarity and stability as an ultimate end of law propounded by sociological jurists. From the ancient time the good and the evil has been perceived in all human activities that being the reason that Lord Krishna in Bhagwat gita has to Say “Every human activity carries with the evil as fire carries smoke.” The function of the system is to separate the evil from the good. When one glances on historical period the sermon in Bhagwat gita proves to be prev- alent at all the times. The constitution of India speaks about equality before law and equal protection of laws. Not only are this there number of direc- tives in constitution to protect the women and womanhood. Laws have been made from time to time but more so after the advent of constitutional re- gime in India Since 1950. The latest of the laws in 20th Century being sexual Harassment …..2013 but despite all this mushroom growth of laws con- cerning women there is no adjudication or if so the delayed adjudication contrary to maxim that justice delayed is justice denied. Nearby happened 2015 but still long way to go for materializing the Punishment infact. When comparing India justice delivery system one gets astonished that how from the county court to House of Lords the justice was given to women within 24 days concerning aborting the foetus. Likewise there are instances in oth- er jurisdiction across the globe concerning crime against women justice delivery system though some of the jurisdictions are lacking behind. The legis- lation with respect to sexual harassment is basically at the initiative of apex court in India in the matter of vishika vs St. of Rajasthan AIR 1997 SC there other example where the apex court in judicial activism has been caused for legislations concerning justice delivery system. It is seen that when- ever a crime against women is brought to the knowledge same stands politicalize in a way that interested parties try to have pound of flesh. Some say- ing for graver punishment while others for stringent legislation. What is needed as present is the speedy justice even if the punishment is less. One can refer to “pie powder courts” as emerged in England in early medieval times to settle the merchant dispute before the dust settles in the market. The crime against women ought to be settled as prompt as possible before the tears get wiped out from the victim and before the wounds inflicted on her are healed. But irony in India is that there are cases where the crime against women also gets political tinting with the result the law makers and law break- ers unite there by reducing the law to paper tiger. The research topic provides suggestion in the nature of system activation toward prompt and effective action beside other suggestion as contained in the research paper. The topic has been dealt on the strength of doctrinal research by using the combina- tion of primary and secondary source date derived from historical authorities statues books / journals and case laws besides some other relevant source. Once source of the data has been collaborated with other for arriving at certainty with the research question as together justice for victim is merely a bundle of law or there are adjudication towards punishment or otherwise . Further whether such justice delivery mechanism for offence against women is prompt adequate and effective as the hypothesis presupposive otherwise with respect to criminal justice system in India in relation to crime against women. Ms. Meenu Sharma Lecturer Amity Law School Noida Amity University Uttar Pradesh Reviewing Justice for Victim of Crime against women :Is more Law the answer slide 10: 10 AmiCode/November 2017/Volume 01/Issue 02 Extreme Feminism - A Threat to Society Equality among the sexes has always been in question whether men or women are treated equal or not but unfortunately women were deprived of their rights and were suppressed by the male dominating society. The status of the women in the Vedic period was glorious as they were entitles with freedom and as well as equality. They were treated equal to that of a man shared the same privilege which were offered to men. But post this period there was a downfall in the position of the women. They were subjected as an object and were asked to follow the rules set by the males of the society. The mere fact cannot be ignored that due to patriarchal system which was prevailing at that time India lead to the downfall in the position lifestyle and status of the wom- en. However the British rule played a very vital role in improving the living condition of the Indian women. Many influential changes were enacted by them which lead to betterment in the status of the women by abolishing the Sati practices which was been carried on by the society as a custom and prohib- iting child marriages improved the living condition for widows which were treated in an inadequate way. But despite this fact post independence the condi- tion was not getting any better. Women were still deprived from various rights and opportunity. Due to British rule over India certain laws were enacted for the empowerment of the women. But it is also true that large part of the women didn’t have access to resources and opportunity which gave a rise to feminism in our country India. The term “feminism” means advocacy of women’s right on the ground of equality of the genders. It means being treated equal to men not ahead of them or nor behind them but unfortunately the whole concept is being misused and is lead in a different manner only by some feminist. It has been observed in the current era that certain people are taking undue advantage of the privilege offered to them. The laws were enacted for the betterment of the society but here in the current scenario the laws are being misused for the benefit of the one’s own. Extreme feminist go too far mock- ing men discoursing them humiliating them taking the matter to personal developing hatred towards men. An extreme feminist is only standing for equal rights but in certain cases are exceeding the limit by adopting inappropriate ways to prove them right. There is always a right way to express your thoughts but exceeding your limits to express would only harm the person concerned and the society at whole. One side women talk equality equal rights equal opportunity but on the some hand don’t want to give the privileges offered to them. One of the biggest example in this case is Delhi metro where an entire coach is reserved for women and in every coach two seats are reserved for women still there are certain women who travel in common compartment and demand for seat which are not reserved for anyone just on the mere ground that there are women. If a man of same age as women can travel standing in metro then so can a women. It’s in the mindset of both the genders which needs to be changed by giving respect to each other and treating the other gender as equal. It is all about the perspective which can make a society worth living for everyone. Every act or activity should be practiced within a certain limit for the betterment of the society and the country at large. Therefore even feminism is good but if practiced with good spirit and within the set limit and for the motive for which the concept was established. Injustice Anywhere is a Threat to Justice Everywhere For any and every crime there must be a law such that it delivers justice to the victim and the perpetrator is awarded a punishment such that it acts as deterrent for others. Juvenile Justice Care and Protection ct 1986: Juvenile is a child and as per this act a boy is a child if he is above 16 years of age and a girl is a child if she has not attained the age of 18 years also these children who have committed any crime in as above mentioned age are not to be prosecuted in normal court but they are tried by juvenile justice board. This act basically focuses on reform rehabilitation and restitution of a child and not just de- terrent. So that the child who is in conflict with the law is integrated back to the society as a responsible citizen of the country. This is the ide- ology of the act. Why this Juvenile Justice Care and Protection Act is needed: so now if we see IPC section 82 which says nothing is a crime which is done by a child below 7 yrs of age. Section 83 which says nothing is a crime done by a child below 12yrs of age provided the child is not intellectually ma- tured .Now the question arises that IPC is providing safe gauds to those below 7 and also to those below 12 but not intellectually matured but what about the children of age group13 to18yrs . So was the introduction of this Act of 1986. But there was a flaw in this act as it was not in accordance to article 15 of Indian constitution which says no discrimination on the basis of sex and which was observed in this act. UN Convention on Rights of a Child 1989 this was introduced to work upon child right and it brought a landmark change that was uniformity in age of convict that was made to 18 stating children must be protected against inhuman treatment and also rights against exploitation. Now something Changed again this time not the Law not the UN Convention but the Juvenile Delinquency it is the participation of the chil- dren in illegal activities by minors .As the data suggests between 2011 and 2012 alone there was a massive increase in instances of rape by juveniles by nearly 300 also NCRB reports says in a decade the juvenile delinquency reached from 399 to 1149 i.e. from year 2001-11. However the protection of juvenile has to be balanced with the interest of protection of the victim and also the society at large. Juvenile Justice Care and Protection Act 2014: as per this act the age of the age of a juvenile was reduced to 16 yrs for any and every crime which is heinous in nature. An adage if you are old enough to do heinous crimes then you is also old enough to be punished. Mr. Shivam Gupta B.B.A.LL.B.H Amity Law School Noida Amity University Uttar Pradesh Ms. Garima Sachdeva B.B.A.LL.B.H Amity Law School Noida Amity University Uttar Pradesh Juvenile Justice Care and Protection Act slide 11: 11 AmiCode/November 2017/Volume 01/Issue 02 India in Marital Rapes India is the country which holds a lot of heritage and cultural values and being a country that stick on to its traditional values there are some customs which are being followed blindly for decades and there are those customs which have been modified and some abolished with tremendous efforts from the side of government as well as society. One of such customs or cultures followed by the entire world is marriage. India especially considers it as one of the most auspicious moment in one’s life. Marriage is an institution that admits men and women to family life. According to the words of Edward Westermarck “marriage is more or less durable connection between male and female lasting beyond the mere act of propagation till after the birth of offspring” and according to Horton and Hunt “marriage is the approved social pattern whereby two or more persons establish a family”. But we Indians call it as an eternal bonding for 7 lives and so on. But what if the same so called eternal joining turns out to be a nightmare. There are instances where some cruelties are not recognized by the law in the sense it has to be recognized. Rape after marriage is one of such circumstances. Faultier Definition Rape is one of the most heinous crimes in India. After 2013 there were several amendments related to such offences which includes fast track courts identification reforms and amendment to S.375 definition of rape etc. but none of the sections defines such circumstances when a husband forces sexual intercourse with his wife. S.375 and S.376 of Indian Penal Code derives a narrow and strict definition for rape which limits its scope to the consent or will and penetration. Con- sent is the most essential requirement to establish whether a rape has occurred or not even so there have been no conviction so far with respect to marital rapes. The most outrageous is the same is an exception under S.375 exception 2. In the year 2017 PILs have been filed to hold S.375 as unconstitutional with respects to the matters as mentioned above. The reluctance of the government to acknowledge rape after marriage as rape even after hearing repeat- ed incidents of such injustices is due to the fact that such provisions can be easily taken advantage off and there would be minimal chances to prove the non-existence of a rape. The mode for dissolution of Marriage under S.13 of Hindu Marriage Act 1955 which talks about adulteration dissertation and inability to fulfil marital requirements and other cruelties as a means for seeking divorce has completely neglected the existence of marital rape to be tried as heinous crime. The center has recognized such acts as a tool for harassment as in S.498A Anti-Dowry Harassment Laws. But the quantum of punishment varies in both as- pects. Judicial Stand: Delhi High Court headed by Justice Gita Mittal and Justice C Hari Shankar has recently taken up petitions filed by NGOs both related to misuse of pro- visions related to molestation rape and attempt to rape and marital rapes. S.122 of Indian Evidence Acts is useless as against such offences since the ap- plicability has been limited due to the existence of exception 2 at present. The section provides such statements by one of the marital partner disclosing the communication after marriage to the court admissible only if one is being prosecuted against the other. The 172 nd Law Commission report has proposed a remarkable changes in the field of rape and laws pertaining to. According to which: Rape was to be renamed a sexual assault Rape of Male and Marital Rapes were to be considered equally serious in nature S.375 is to be Redefined in the light of Sakshi Vs UOI S.376E was recommended to be included as “unlawful sexual conduct” etc. The reluctance by the government to enforce the same even after 17years is not even being question by the society. It would be even more shocking to know the stereotype of the society to think such disgraceful acts to be normal merely because of the fact that the women is the wife of the man commit- ting such an act. Ms. Mridula Mohan BALLBH Amity Law School Amity University Uttar Pradesh Mr. Ashwin Gupta BBA.LL.BH Amity Law School Noida Amity Uniersity Uttar Pradesh “Men cannot be hurt” “Men cannot feel hurt” This is what he had been told since he was a kid. Its not their fault that’s what they have been grown up learning that men don’t feel that men don’t cry. Grow up they told him. Man up young boy. And as a kid he once came home crying They laughed at him as if they loved it. Little did they know what he’d been through I swear if they knew they would’ve been in tears too. For harassment is lesser known in ‘manhood’ When can we talk about violence When can we talk about harassment When can finally you and I break the silence This is for every father every brother every son and every boy For when your pillows very wet at night yet you woke up just fine know that someone cares for you and you’re not alone. He wishes that he could talk about it but he doesn’t know where to begin because expressing how he feels would be nothing less than a sin. Look at the tears which he doesn’t cry Oh for God’s sake talk to him Talk to them They might not speak about what they’ve been through But it will be comforting for them to know that someone is there to help and care. For harassment is not only for women Even men can cry and feel hurt. Yes they can be harassed too. Yes METOO has more to it than just “women” just reporting cases of sexual harassment. But he was too shy to acknowledge the fact that he too had been harassed but I wouldn’t blame him for this because he always grew up in a society which made him preach such false teaching that “MARD KO KABHI DARD NAHI HOTA” slide 12: 12 AmiCode/November 2017/Volume 01/Issue 02 Mr. Manas Agarwal B.B.A.LL.B. H Amity Law School Noida Amity University Uttar Pradesh Child Sexual Abuse: A Dark Reality of Modern India In this modern era increasing child abuse is a dark reality of our Indian society which has been constantly overlooked and ignored. India is supposedly home to 430 million children which accounts for around one in every five children in the world below the age of 18. Much of the general public is still unaware of the fact that child abuse includes not only physical but mental and emotional exploitation as well with the individual below the age of 18 years. The immoral act of Child abuse can be done by physical emotional and sexual harassment or even by the misdeed of threatening through bestial acts. However the most tragic part is that a lion ’s share of such cases goes unreported either because of the lack of awareness and understanding amongst mi- nors or the fear of exclusion from the prejudiced society. Special clauses have been inculcated in the Indian Constitution and Indian Penal Code 1860 against sexual abuse. Article 15 3 of the Indian constitution provides the state with such powers so as to enact special provisions for women as well as chil- dren. Section 354 of IPC 1860 covers incident where a man by assaulting or applying criminal force towards a women tries to outrage her modesty. Un- fortunately the provisions of IPC such as S.354 and other enactments relating to sexual abuse against adults when applied to minors created several com- plexities. In order to rectify these complexities the POCSO BILL THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES BILL 2011 was passed on 22 nd May 2012 which subsequently came to be known as POCSO ACT THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 and came into effect from 14 th November 2012. This is an especially dedicated legislation which extends its bound to all sorts of child sexual abuses which have been made particular offenses with particular disciplines for the wrongdoers. It is essentially the primary duty of the parents teachers as well as close relatives of minors to make them aware about the sexual exploitation that they might be prone to. Tragically such conversations are still very rare due to our orthodox thinking prevailing in the major section of our society which needs change so as to prevent the incidents of sexual abuse and protect the innocent children against them. Such harassment does not only affect the child physi- cally but also hampers the confidence of minor victim along with destroying his faith over humanity. We don ’t need change any changes in the laws what we need is proper adherence of law. In the end I would like to conclude with the verse of Dave Pelzer “Childhood should be carefree playing in the sun not living a nightmare in the dark- ness of the soul. ” State of Social Justice in India The conceptualization of social justice is a comprehensive belief which bestows connotation and magnitude to life and makes the rule of law dynamic. When Indian society seeks to meet the provocation of socio-economic inequality by its codification and with the aid of the rule of law it seeks to attain economic justice without any vicious squabble. The ideal of a welfare state propose incessant pursuit of the dogma of social justice. That is the signifi- cance and vitality of the concept of social justice in the Indian context of today. The belief of a welfare state is that the profess of social justice must be managed as fundamental and paramount. Social justice is not an imperceptive concept or a ludicrous principle. It seeks to do justice to all the citizens of the state. Democracy therefore must not show excess of courage by imposing inessential legislative injunctions and proscriptions in the same way as they must not show diffidence in attacking the obstacle of inequality by declining the past the obligatory and reasonable regulatory measures at all. Constant endeavor has to be made to sustain individual freedom and liberty and subject them to reasonable regulation and control as to attain socio- economic justice. Social justice must be achieved by adopting necessary and reasonable measures. That shortly stated is the concept of social justice and its implications. Citizens zealous of their individual freedom and liberty must co-operate with democracy which seeks to regulate freedom and liberty in the interest of social good but they must be able to resist the imposition of any restraints on individual liberty and freedom which are not rationally and reasonably required in the interests of public good in a democratic way. It is in the light of these difficult times that the rule of law comes into operation and the judges have to play their role without fear or favor uninfluenced by any considerations of dogma or isms. The term social justice is a blanket term so as to include both social justice and economic justice. Ms. Himani Ahuja B.A.LL.BH Amity Law School Noida Amity University Uttar Pradesh slide 13: 13 AmiCode/November 2017/Volume 01/Issue 02 Mr. Naman Sharma B.A.LLBH Amity Law School Noida Amity University Uttar Pradesh Effect of Legal Proceedings on Children and Reformations Needed “Children are future of every state. Only when they are protected and upkept the state can truly rise. ” It has been observed that people are now-a-days more inclined towards initiating legal actions against each other in India. Legal proceedings not only have effect on person concerned but also children in those families. Children are usually ones who tend to hold a family strong which is loose and might fall oth- erwise. A legal proceeding tends to leave a consumptive effect on children. Usually children are summoned in proceedings before Juvenile Justice Boards POCSO Courts and Family Courts apart from being regular witnesses. During these proceedings a child maybe subjected to rough conduct violence and carelessness. This behaviour on part of law enforcing authorities parents and other concerned persons tend to push the child in the dark. Such treatment in- cludes bashing and harassment by police personnel disowning or ill-treatment by parents obstacles in path of education tainted image in society brain- wash by inmates and much more. A child may develop a psychological disorder or disability or it might hurt his personality. Such negative exposure might force the child to rethink himself. Resultant is that the child is no longer willing to be a person of high morality and caliber. Instead he understands that at- tainment of self goal is the only priority with no exceptions. Although steps have been taken in this regard such as establishment of vulnerable witness boxes inside Court premises changing of police uniform into casual wear for police personnel while dealing with children relaxation and conversion of regular procedural law into choice of the Presiding Officer so that child doesn’t feel danger or threatened. However these measures may not be enough to make the child feel welcomed. To my belief situations where the child is an accused there can’t be much improvements in this regard because in our Indian society whence a person is thrown into the stereotypical dustbin he cannot ever come back. He is blacklisted for life. However where the child is a victim or witness quite a number of things can be done. Amelioration should include the steps like parenting that gives warmth emotional support moral upbringing and positive reinforcement. Further trainings should be given to police personnel so investigating and appear- ing before Court and while interacting with children. Public teachings should be given that a convict is not socially exiled and cut-off. There should always be kept room for rehabilitation. But success in this respect would be attained only if positive support is given especially from the family of the child. Re- leased convicts usually have a tendency to remain convicts rest of their lives not because they want to but because they are given no other option. Every other door for them is closed even before they knock it. Thirdly creating an environment where children would not feel burden should be the priority. Of course duty of the Court cannot be stopped therefore child-friendly Court rooms must be built ones like Child Welfare Committees have where inner walls of the Court are painted with animations and children are provided with nourishments prior to their case and after it. In simpler terms there must be an atmosphere where they feel both physically and psychologically safe. Further establishment of numerous vulnerable witness boxes in every Court prem- ises are here insisted merely because only this type of evidence taking will allow the child to not to have contact with opposite party while testifying. This will not cause the child to understand there is a negative feedback on him and he can submit his story with freedom. This will further not allow any psycho- logical barrier to build in his personality. Indeed children are those invaluable gems which shouldn’t be ignored or neglected. Improper guidance and further mismanagement would only cause a darker tomorrow. With more than 158 millions of children existing in India it is hereby prayed that children are those sowed seeds which need proper nour- ishment else the progress of the state might be threatened. slide 14: 14 AmiCode/November 2017/Volume 01/Issue 02 Ms. Devomita Sinha Student Memorable Experience with British High Commissioner to India I am Akansha Srivastava pursuing B. Com. LLB H and I am a fourth year law student at Amity Law School Noida Amity University Noida. Meet- ing with the British High Commissioner of India is one of the major accomplishment and a remarkable moment for me. The participants of the “British High Commissioner for a Day Challenge” were invited by him for High Tea on October 30th 2017. The challenge was to record a one minute video on the ‘Girl’s Rights’ and two things which we can do to bring the change this challenge was done to celebrate the ‘International Girl’s Day.’ It was a wonderful experience. Although I could not win the challenge but I feel fortunate as I got the opportunity to meet Sir Dominic Asquith British High Commissioner to India Hannah Cockburn Head of Political and Bilateral Affairs and Andrew Mackenzie Deputy Head of Political and Bilateral Af- fairs. We had an enriching and knowledgeable conversation about Girls Right and all the participants shared their views with the British High Com- missioner. It is a memorable experience of my life. Ms. Akansha Srivastava B.Com. LLB H Amity Law School Noida Amity University Uttar Pradesh Right to Privacy According to article 21 which states or we can say “guarantees that no person shall be deprived of his life and personal liberty except according to the procedure established by law.” But this matter was given a light on August 24 2017 when supreme court of India gave a verdict that individual privacy is a fundamental right. And upholded Right to privacy as a fundamental right. This case was basically regarding the validity of Aadhar which is issued by the government of India with a 12-digit biometric identification number and this number was used by government in pushing for everything from operating bank accounts income tax declaration Mobile number validity etc. A CASE VIEW IN SHORT The petition was filled by Justice K.S. Puttaswamy now retired in 2012 giving an argument that issuing of aadhar violates the right to privacy on the grounds of article 21. The case was headed by a bench of nine members which included the Chief justice JS khehar now retired which gave a state- ment on the behalf of judgement that “ right to privacy was at par with the constitutional right to life and Liberty but not without reasonable re- strictions”. The term reasonable restrictions’ included national security fighting crime and distribution of state benefits. Certain oppositions were also made by the central giving the consideration of two earlier judgements on the case of MP Sharma vs Satish Chandra in 1954 and Kharak Singh vs State of Uttar Pradesh in 1962 which declared that right to privacy cannot be considered as a fundamental right. It was also argued that right to privacy has also not been considered as a fundamental right in other international jurisdictions. But the case was finally given a rest on considering the major artcle 21 with certain reasonable restrictions. This case was given a huge media coverage as this can prove to be a milestone when it comes to include several other ongoing issues and cases which are pending or under consideration and this one judgement can prove to be a game changer as said be other law professionals also. The decision was supported by many activists and lawyer. CASES WHICH WILL SUFFER CONSIDERATION Article 377 This case can be reopened on the ground of above mentioned judgement as this can question the right to privacy of LGBT community. Two finger test This test is done by medical professionals on rape victims to determine the validity of crime. The test is considered to be Beef ban This issue is nowadays on its edge regarding several controversies in line with political parties and this may be given a reconsideration. Adult pornography Recently several sites of pornography were banned in India not considering child pornography which is already illegal but this may be con- sidered as a right to privacy. Watsapp A major social networking service wats app can be denied to share its users data to its parental app Facebook. The constitution must evolve with the felt necessities of time to meet challenges. slide 15: 15 National Seminar Cum Training Programme Women Empowerment in India: Challenging Stereotypes and Strengthening the Nation Amity Law School Noida organized a National Seminar cum Training Programme on the theme “Women Empowerment in India: Challenging Stereotypes and Strengthening the Nation” in collaboration with National Human Rights Commission on 25 th October 2017. The esteemed Judges of High Court re- nowned Advocates Professors Activist Journalist and Research Scholars participated in one day seminar cum training programme. The programme commenced with an Inaugural Ceremony beginning with the lightening of the lamp. Hon’ble Mr. Justice P.S. Narayana Hon’ble Dr. Justice Bharat Bhushan Parsoon renowned T.V. journalist Mr. Sumit Awasthi Anchor News18 and Ms. Archana Dalmia Author Chairperson of the Dineshnandini Ramkrishna Dalmia Foundation and activist with Indian National Congress were the distinguished guests. Additional Direc- tor Prof. Dr. Aditya Tomer and Prof. Dr. Shefali Raizada addressed the gathering with their enlightening words. Prof. Dr. D.K. Bandhopadh- yay Chairman of Amity Law Schools also addressed the gathering and expressed his views on the importance of women empowerment in the pre- sent scenario. The National Seminar cum Training Programme was followed by the Plenary Sessions the first theme was “Challenges and Barriers for Women with Disabilities Empowerment of Women in India” in Amity Law School Noida. This knowledgeable session proceeded with the welcome address of Dr. Devendra Singh Associate Professor and Amity Law School Noida. The panellists were Dr. Manpreet Kang Professor I.P. University Hon’ble Mr. Justice Surendra Kumar Former Judge Allahabad High Court Hon’ble Mr. Justice R. P. Gupta Former Judge M.P. High Court and Dr. Ramya Ranjan Patel Dept. of Tribal Studies Indian Social Institute. The theme for the second Plenary Session was “Discrimination of Health and Reproductive Rights of Women in India” .The Plenary Session panellists were Ms. Deepshikha Bharti Advocate Supreme Court of India Dr. Pamela Singla Professor Department of Social Work University of Delhi Dr. Archana Sinha Head of Department Department of Women Studies Indian Social Institute. The Guest of Honour was Hon’ble Mr. Justice Zaki Ullah Khan Former Judge High Court of Allahabad. The theme for the third Plenary Session was “Sexual and Gender based Violence against Women in India” took place in Amity Law School Noida. The panelists were Ms. Tanu Priya Advocate Arbitrator the panelist Dr. Subhash C. Gupta Professor Advocate Supreme Court of India The panelist Dr. Arvinder Ansari Professor Jamia Milia Islamia University. The Guest of Honor Hon’ble Mr. Justice Bhupendra Kumar Rathi Former Judge High Court of Allahabad. slide 16: 16 7 th Amity International Moot Court Competition 2017 Moot Court is one of the primary modes of clinical legal education which aims to inculcate in law students a capacity to think on feet. 7 th Amity Inter- national Moot Court Competition 2017 was third paperless Moot organized by Amity Law School. This year the theme was based on the established principles of World Trade Laws which provided participants with a panorama of unconventional and extraordinary legal issues to delve upon. Over 30 Law Colleges and Institutions participated in the competition including Chanakaya National Law University Patna K.R. Mangalam University Dr. Ram Manohar Lohiya National Law University Symbiosis Law School Noida The Tamil Nadu Dr. Ambedkar Law University Chennai Army Insti- tute of Law Mohali National Law Institute Bhopal University Institute of Legal Studies Punjab University and others. Honble Justice R.K. Aggarwal - Sitting Judge of Supreme Court of India Ms. Pinky Anand -Additional Solicitor General of India Justice Mr. Sanjeev Sachdeva High Court of Delhi Former Justice Rakesh Tiwari – Calcutta High Court and Dr. Atul Chauhan- Chancellor Amity University graced the valediction ceremony and felicitated the winners. Dr. D.K. Bandyopadhyay- Chairman Amity Law Schools Prof. Balraj Chauhan- Director Amity Law School Lucknow Dr. Shefali Raizada Additional Director HOI Amity Law School Noida and Dr. Aditya Tomer Additional Director HOI Amity Law School Noida were also present during the occasion. The team from School of Law Christ University Bangalore was declared Runner-up Team and Institute of Law Nirma University Gujarat received Best Memorial Award. Ms. Sofia Padmanabhan from The Tamil Nadu Dr. Ambedkar Law University Chennai was declared Best Speaker and Ms. Mala from Law Centre II Faculty of Law Delhi University was awarded as Best Researcher. Institute of Law Nirma Uni- versity Gujarat are the Winners of the 7 th Amity International Moot Court Competition 2017. Complementing the participants Dr. Atul Chauhan-Chancellor Amity University expressed his conviction that all the budding lawyers who par- ticipated in the Moot Court competition will become exceptional and successful lawyers in future since they have learnt the art of investing in their own selves and enriching their intellect every day. He remarked that he can see a spark in the eyes of the participants and each one of them will achieve their dreams and goals in future. The teams were judged by the sitting judges of the Honble Supreme Court and the Delhi High Court including Mr. Pankaj Bhatia Senior Advocate Mr. Pushkar Mehrotra. Senior Advocate Mr. Kavin Gulati Senior Advocate Mrs. Rachana Srivastava Senior Advocate and Mr. Dhruv Wahi- Senior Advocate and others. Honorable Justice R.K. Aggarwal-Sitting Judge of Supreme Court of India addressing the budding lawyers Justice Mr. Sanjeev Sachdeva High Court of Delhi Institute of Law Nirma University Gujarat- Winners of 7 th Amity Internation- al Moot Court Competition 2017 Ms. Pinky Anand - Additional solicitor General of India sharing her views slide 17: 17 Abhivyakti 2017 Amity Law School Noida had organized Abhivyakti 2017 on 12 th Oct 2017 and 13 th Oct 2017. The competition was on “Drafting of Bill” in Hindi and the themes of Drafting were Religious Violence and Spiritual Dominance. On 12 th Oct 2017 Drafting of Bill and Presentation of Bill was done by the par- ticipants. The event concluded with the declaration of selection of participants for the final round. On 13 th Oct 2017 final round of Drafting of Bill and Presentation of Bill took place. Valedictory Function took place on 13th Oct 2017 with the Lighting of the Lamp and Felicitation of the Guests. Prof. Dr. Shefali Raizada Additional Director Amity Law School Noida gave the Welcome Address. Prof Dr. D.K. Bandyopadhyay Chairman Amity Law Schools addressed the gathering and spoke on the importance of drafting of bill. Guest of Honour Ms. Urmila Rajpoot Ex MLA Unnao spoke on the importance of Hindi Language and its use in courts. Hon’ble Chief Guest Mr. Ashok Dohre Member of Parliament Ittawa talked about the use of Hindi language and its relevance and asked the students to use Hindi language for conversation.The event concluded with the declaration of result and distribution of Prizes. slide 18: 18 GST- Effects on Indias Growth Trajectory Amity Law School Noida had organised a Panel Discussion on October 12 2017 on " GST- Effects on India’s Growth Trajectory." The speakers of the event were Dr Awdhesh K. Singh Author Educator Speaker Mr. Shailendra Kumar CEO and Founder Editor Taxindiaonline and Prof. Arun Kumar Retd. Professor JNU Malcolm Adiseshiah Chair Professor Institute of Social Sciences. Prof. Arun Kumar Retd. Professor JNU Malcolm Adiseshiah Chair Professor Institute of Social Sciences emphasized that government is propa- gating it as a game-changer but a carefully-thought well-balanced approach is needed prior to its final implementation so that the common man doesn’t get adversely affected by high inflation and price rise of essential commodities. Dr Awdhesh K. Singh Author Educator Speaker highlighted that Goods and Services Tax GST is an extremely sensitive matter. It is said to be the greatest reform in the tax matter in the independent India. GST shall be implemented by the officers of IRS Customs and Central Excise for the Cen- tral Government. Mr. Shailendra Kumar CEO Founder Editor Taxindiaonline expressed his view on GST that it is a simple tax but only if its model or the most idealistic version is adopted by a nation. But since the model GST does not fit into empirical socio-economic and political ecosystems of any country it’s re-engineered or jugad version is adopted with simplicity as one of its avowed goals. 3rd World Alliance of Religious Peace Summit in Seoul South Korea Mr. Rajat Agarwal a student of Amity Law School Noida had the privilege of representing India and Amity University in the 3rd World Alli- ance of Religious Peace Summit in Seoul South Korea. The summit commenced with the introduction of the delegates as countrymen and individuals. In a discussion on International Peace Law 8 clauses were passed. A Press Conference was organized for International outreach. The delegates were tak- en for a short trip to ‘War Memorial’. Cultural programme was organized in the Olympic Ground. A peace walk took place where all the diplomats walked in front of lakhs of people to show their support for peace. A short trip to Changdeokgung palace was also organized. Peace Law was signed by the supporting diplomats. In a meeting with Given Lucinda Honorable Minister of Law Zambia political situations of country was discussed. A speech was given by Mr. Rajat Agarwal on peace law religious conditions political conditions of the country. The event concluded with a trip to National Museum of Korea. Seminar on Intellectual Property Rights IPR 2017 A one day seminar on Intellectual Property Rights IPR 2017 was organised by Amity Law School Noida in collaboration with CWEI Consortium of Women Entrepreneurs of India on 26 th September 2017. The Chief Guests were Dr. Shashi Singh Chairperson CWEI and Ms. Sunita K. Sreedharan CEO SKS Law Associates. Dr. Shashi Singh Chairperson CWEI apprised the audience about the Consortium of Women Entrepreneurs of India. CWEI is accredited to Govt. of India and is a Member of National Board Ministry of MSME and is working closely with Ministry of Rural Development in the PPP mode to support BPL families in India. CWEI is the Knowledge Partner to the State Govt. of Andhra Pradesh working for the sustainable economic empowerment of women and their families through income generating activities and entrepreneurship development. Dr. Shashi Singh talked about nur- turing ideas into enterprise. She said that IT tools presently provide competitive edge and a competitive advantage. Thought processes should lead to something creative.Therefore it becomes pertinent to protect the rights.There are specific laws related to patents. One must now understand IPR to be like fundamental rights as the innovation and creativity needs to be protected essentially. This would lead to more avenues of self employment and start ups. Ms. Sunita K. Shreedharan CEO SKS Law Associates highlighted the different kinds of IPR and the laws governing the same in India. She ex- tensively dwelt upon the essentials for claiming a patent referring to both Indian patents and those clamed under PCT. She highlighted the difference be- tween exclusive and non exclusive licensing sole licensing and reinstated that one needs a thorough knowledge of Indian Contract act to know about agreements and filing of patents and trademarks with respect to the claims sought and agreements made. Ms. Jyoti Kumar President K S partners gave presentation on ‘Systems of protection of IPR with a focus on Patents’. She began by stating that IP is an asset and that these days there have been many facilitation schemes for start ups. It is very important to define the boundaries of technology and that IP as a business asset must have value. IPR must be developed protected maintained upgraded and used to realize value. The last speaker was Mr. R.P. Yadav who has 29 years of experience in IPR as an advocate and is presently associated with Sr4ipr Partners. Mr. Yadav extensively deliberated upon Trade Marks types of Trade Marks and new emerging trade mark concepts. He talked about territorial jurisdiction of IPR Law and the Madrid Protocol. He apprised the audience about filling of Trade mark within various headings and how Injunctions in case of infringement and the alternate reliefs could be sought for in India. He further dwelt upon filling for a copyright application and importance of priority date date of fil- ing. slide 19: 19 Mr Anurag Parihar CEO of Rostrum Legal Avni Agarwal in a candid conversation with Mr Anurag Parihar CEO of Rostrum Legal Q1 How will you best introduce yourself I would like to thank you for giving me this opportunity to share my experiences with your readers. I would introduce myself as an entrepreneur who also happens to be a law graduate. I am the Founder and CEO at RostrumLegal an online platform for learning law. I pursued BBA LLB Hons from MATS Law School Raipur and then Master of Laws from the University of Melbourne Australia. I love to travel and cook when I am not working. Writing about law and technology also fascinates me. I also love to help and mentor young startups entrepreneurs. Its feels good to stop them from making mistakes which I have committed in my entrepreneurial journey. Q2 Kindly tell us about your law school journey and any extracurricular activities that you were part of I think that the 5 years in law school were the best part of my career. There were lots of ups and downs but a lot to learn. I was active in organizing various events and since the law school was very new we had to plan and do everything from scratch. This later also helped me while working on var- ious things in RostrumLegal. I was also a member of the moot court committee at my law school. I was not too much into studies but somehow man- aged to get decent grades. I participated in various moot court competitions and conferences. I get to travel and meet a lot of people from various parts of

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