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TrickyScribe

Bar Council to tighten noose on Law Schools

by Editor's Desk May 13, 2017

Education sector in India is expanding leaps and bounds with the increase in number of private educational institutes. Globalisation, liberalisation and privatisation apart, increasing public awareness in favour of education has done the trick here in India where only the medical bills exceed the educational expenses of an average Indian household.

Above all, education has been commercialised to great extent in India. Education, simultaneously, has become a very lucrative business venture. Keeping this in view, several technical and technical institutes have thronged Indian cities bringing higher education to the doorsteps of many.

Those endowed find top slots in the best schools possible with reasonable fee structures while the others find admissions in the mediocre colleges. Same remains the story be it the case of an engineering aspirant or a medical one.

Joining the bandwagon lay the Law aspirants. As says the principle of homogeneity, the dimensions of each the terms of a dimensional equation on both sides are the same. What change are the course length, subjects taught and expertise inculcated, with the basic structure remaining the same.

Following factors might be held accountable for rapid growth of private schools in every nook and corner of our country.

Infrastructural Facilities

Infrastructure of an educational institutes encompasses both human resources(teachers, non-teaching staff, administrators, curriculum framers, book writers, students, etc.) and material resources(building, classroom, library, laboratory, art and science gallery, assembly hall, teaching aids, furniture, garden, playground, computer lab, materials for sports and games, etc.

Is the infrastructure of private schools better than government schools? The answer will be yes, in general. Holding that not all government colleges lag behind in terms of infrastructure, advocate Pratyush Sinha, an alumnus of ILS, Pune, said the managing committees are sincere and serious enough to fulfil the needs of the law schools for the betterment of their students.

Quality Education

Getting quality education is everybody’s fundamental right. Nobody should be deprived of that facility according to constitutional provision of India. But question is whether the students of government colleges are getting it?

Some recent surveys have shown that linguistic (vocabulary/reading) and arithmetical (basic numerical skills) abilities of children have been declining over the years. Law, being based on communication skills, makes situation grimmer than it looks in the first glance.

Mainly, their relation with staff inspire them to work round the clock for the schools, holds Nidhi Rajdan, an alumna of Symbiosis Law School, Pune. octopus-inc-designing-and-printing

Bane and Boons

Now the question arises whether the rampant growth of private schools is a blessing or a curse to the society? It can frankly be stated privatisation of education breeds mushrooming growth of private law schools.

It will be boon to society if the people are financially strong or if the education in private schools is affordable or if people believe in the words of Deng Xiao Ping, the reformer of modern China, “we should not bother whether the cat is white or black; we should only bother if it catches mice”.

But in our country, in practice, around 50 per cent people are unable to satisfy their bare needs to live like civilized beings. The list of BPL and child labour is increasing year by year. As maximum people are belonged to poor and middle class families, they cannot send their children to private colleges where tuition fees are not the only expenses incurred.

Present Context

With the Bar Council of India lowering the bar of standards for opening a law school, it could be easier to get permission to start a law college in India than to get a law degree.

The list of law colleges across the country as compiled by the Bar Council of India (BCI) shows that UP has the largest number of 350 law colleges, and one of its little known universities, Shri Chatrapati Shahuji Maharaj University in Kanpur, has 88 colleges affiliated to it awarding law degrees, of which 44 were given permission in just two years between 2014 and 2016 to impart legal education.

The mushrooming of large number of law colleges— presumably due to a huge interest in the legal profession — is indicative of the popularity of the legal degrees which attract students from across the country.

Concerns Raised

This has also raised concerns in the legal and judicial fraternity about the quality of advocates such institutions are churning out in hundreds.

“It’s a matter of concern that some of the universities have given too many affiliations to start law colleges. We are looking into some cases in UP and Andhra Pradesh,” top BCI sources told TrickyScribe on Saturday.

Sources, however, said the responsibility largely lies with state governments which grant no objection certificates after verification if such colleges have adequate infrastructure and facilities to start degree-level courses.

Elite or well-known universities like Allahabad University, the Banaras Hindu University, Aligarh Muslim University have just one or two colleges imparting legal education.

Of the 1,500-odd law colleges in India in 2016, Madhya Pradesh is second with at least 143 listed law colleges, followed by Maharashtra (139), Karnataka (115) and Rajasthan (110).

Actions Underway

Meanwhile, the BCI has expressed its concerns over the mushrooming law schools in India and has plans to tighten the noose on law schools in every state in India.

Another BCI source pleading anonymity said that “the BCI now also can make that rule that we are not going to [permit] any law school [to be established in a given] area. Depends on strength of the law schools. If you have three or four colleges with [small] strength in an area, then fourth [college may not be allowed to be operated].”

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May 13, 2017

Art & Culture

When Dutch Routed Spanish Armada

by Editor's Desk April 25, 2017

written by Editor's Desk

@ScribeTricky: The naval Battle of Gibraltar took place on April 25, 1607, during the Eighty Years’ War when a Dutch fleet surprised and engaged a Spanish armada anchored at the Bay of Gibraltar. During the four hours of action, most of the Spanish ships were destroyed.

Gibraltar Credit: Google

Forces

A Dutch fleet of 26 warships was led by Jacob van Heemskerk. The Dutch flagship was Æolus. Other Dutch ships were De Tijger (The Tiger), De Zeehond (The Seal), De Griffioen (The Griffon), De Roode Leeuw (The Red Lion), De Gouden Leeuw (The Gold Lion), De Zwarte Beer (The Black Bear), De Witte Beer (The White Bear) and De Ochtendster (The Morningstar).

A Spanish fleet of 21 ships (according to the Dutch) or 10 ships (according to the Spanish), including 10 galleons, was led by Don Juan Álvarez de Ávila. The Spanish flagship San Augustin (St Augustine) was commanded by Don Juan’s son. Other ships were Nuestra Señora de la Vega (Our Lady of Vega) and Madre de Dios (Mother of God). The Spanish fleet was covered by a fortress, although the Dutch fleet was out of range of its guns at all times and they could not intervene in the battle.

The battle

Van Heemskerk left some of his ships at the bay entrance to prevent the escape of any Spanish ships. Twenty from the Dutch fleet were ordered to focus on the Spanish galleons while the rest attacked the smaller vessels. Van Heemskerk was killed during the first approach on the Spanish flagship as a cannon ball severed his leg. The Dutch then doubled up on the galleons and a few of the galleons caught fire. One exploded due to a shot into the powder magazine. The Dutch captured the Spanish flagship but let it go adrift.

Following the destruction of the Spanish ships, the Dutch deployed boats and killed hundreds of swimming Spanish sailors. The Dutch lost 100 men including Admiral Van Heemskerk. Sixty Dutch were wounded. Depending on the sources, most or all of the Spanish ships were lost and between 3,500 and 4,000 Spaniards killed or captured. Álvarez de Ávila was amongst the dead.

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April 25, 2017

India

Smarties No Longer Woo Hotties

by Editor's Desk April 23, 2017

written by Editor's Desk

The mismatch in looks is actually a perfect match

Bad news for smarties. You might get rejected by hotties! Women seeking a lifelong mate might do well to choose the guy a notch below them in the looks category. New MIT research reveals couples in which the wife is better looking than her husband are more positive and supportive than other match-ups.
Women seeking a lifelong mate might do well to choose the guy a notch below them in the looks category. New research reveals couples in which the wife is better looking than her husband are more positive and supportive than other match-ups.

The reason behind
The reason, researchers suspect, is that men place great value on beauty, whereas women are more interested in having a supportive husband.

Researchers admit that looks are subjective, but studies show there are some universal standards, including large eyes, “baby face” features, symmetric faces, so-called average faces, and specific waist-hip ratios in men versus women.

Past research has revealed that individuals with comparable stunning looks are attracted to each other and once they hook up they report greater relationship satisfaction. These studies, however, are mainly based on new couples, showing that absolute beauty is important in the earliest stages of couplehood, said lead researcher, University of Tennessee, James McNulty. But the role of physical attractiveness in well-established partnerships, such as marriage, is somewhat of a mystery.

The new study, published in the Journal of Family Psychology, reveals looks continue to matter beyond that initial attraction, though in a different way altogether.
Supportive spouses

McNulty and his team assessed as many as 82 couples who had married within the previous six months and had been together for nearly three years prior to tying the knot. Participants were, on average, in their early to mid-20s.

Researchers videotaped as each spouse discussed with their partner a personal problem for 10 minutes. The tapes were then analyzed for whether partners were supportive of spouses’ issues, which included goals to eat healthier, to land a new job and to exercise more often.

Responses

“A negative husband would’ve said, ‘That’s your problem, you deal with it,'” McNulty said, “versus ‘; what do you want me to do? Hey, I’m there for you; How may I help you?'”
A group of trained “coders” rated the facial attractiveness of each spouse on a scale from 1 to 10, with the perfect 10 representing the ultimate babe. About a third of the couples had a more attractive wife, a third a more attractive husband and the remaining partners showed matching looks.

Trophy wives

Overall, husbands and wives behaved more positively when the woman was better looking.

The finding “seems very reasonable,” professor of behavioral economics, Program in Media Arts and Sciences and Sloan School of Management, MIT, Dan Ariely. “Men are very sensitive to women’s attractiveness. Women seem to be sensitive to men’s height and salary,” said Ariely, who was not involved in the recent study.

In couples with more attractive husbands, both partners were less supportive of one another. McNulty submits wives mirror, in some ways, the level of support they get from husbands.

“The husband who’s less physically attractive than his wife is getting something more than maybe he can expect to get,” McNulty. “He’s getting something better than he’s providing at that level. So he’s going to work hard to maintain that relationship.”

Men who are more attractive than their partners would theoretically have access to partners who are more attractive than their current spouses, he said. The “grass could be greener” mentality could make these men less satisfied and less committed to maintaining the marriage.

Physical attractiveness of husbands is not as important to women, the researchers suggest. Rather, wives are looking for supportive husbands, they say.

So, the mismatch in looks is actually a perfect match. “Equitable is unlikely to mean the same on every dimension,” said Ariely. “It just means that overall two people make sense together.”

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April 23, 2017

Business & Commerce

Investing in movies? Read this

by Editor's Desk April 19, 2017

written by Editor's Desk

Investing in a movie is potentially a perilous endeavor. Hunting for the right talent, managing production costs and finding the right distributor(s) are but a few of the hurdles that investors share as the production moves forward.

Most difficult are to gauge the personal whims of the average moviegoer. Taste is picky. A story with a broad appeal in one decade could fall flat on the other. If a movie does well, it may open the possibilities of a franchise; if it flops, it could claim numerous casualties, from studios to the careers of actors.

Pre-investment Considerations

Good investors work with due diligence. So it is with investing in movies. The hedge fund/ private equity vehicle appears to be one of the most common means for direct investment. Naive investors are suggested not to apply. The threats of such an enterprise can be substantial.

Diligence throughout is critical. Offering documents must be in concurrence with security laws applicable. What is the producer’s reputation, his experience? Backing one with nary a track record is akin to investing in a mutual fund with greenhorn portfolio managers.

What is the potential market? Blockbusters tend to have a broader appeal; foreign films and documentaries, black and white and silent are considered to films have less.

Films with religious messages or ones with a more intellectual humour could be a hard sell to the distributor as their audience-base is typically quite narrow. What if the film has no top grade talent? Though sometimes the film itself is the talent at times but that could be a major problem. Think of “Slum Dog Millionaire.” Movie

Name recognition could vary depending on where the film is targeting its release. Learn about the director’s idea. An outsized ego can prove fatal, as was the case with Michael Cimino’s “Heaven’s Gate.”

Are the interests of the filmmaker(s) properly aligned with the distributor and investors, or does much of the revenue inure to the benefit of the filmmaker? Is the investment a fair arrangement?

Where the Money Goes

Revenue is used to repay investors all of their investment and debts incurred first. The process is similar to a return of basis or of the investment. Next would be profit sharing, or the return on the investment. The split is even between the producer and investors.

The film’s stars, writers and director are paid from the producer’s profits. Any investment proposals should be in writing and contain an arbitration clause for a more cost effective dispute resolution. Filmmakers would do well to have such a clause when dealing with financially stronger distributors in order to protect the former’s interests.

The producer should have secured a completion bond which is a surety bond that kicks in to pay for cost overruns rather than having the investors shoulder the burden. Different fundraising options should be considered, depending upon the script and budget. Tax incentives properly pursued are another revenue generator, so long as the incentive tail does not wag the movie dog. The filmmaker should escrow funds during the fundraising stage of the film. This helps to ensure transparency and accountability. If insufficient funds are raised, then they should be returned to investors. All of these considerations point to the need for any investor to work with a professional with experience in the film industry.

Way Ahead

As an asset class, film would appear to be uncorrelated to the other types of investments and somewhat recession resistant as people still go to the movies or rent them. Slate financing is the hedge funds’ approach to risk management and return generation. This approach simply entails investment in a portfolio of films, rather than a single production. Through diversification comes a more proper balance of risk and return. What films are included in the portfolio may be a function of how the fund’s co-financing efforts with the production and distribution company work through the film studios. Part of the challenge is untangling opaque financial accounts through due diligence in the quest for greater transparency.

The film industry plays in the form of common shares, and is available to individual investors, who need to understand where in the chain of production the companies lie and to what risks those companies are subjected to. For example, is the investment in a studio like Lionsgate (which nearly doubled its share price since the beginning of 2012) or distribution like Netflix or Coinstar?

The Bottom Line

Have movies been commoditized? Consider how easy it is to access a favorite movie. The theater is but the first of several distribution channels which include cable television, Internet and rental outlets. Ready availability of content has stolen a march on the movie theater experience and created more revenue streams and greater profitability. Perhaps it is for this reason that the Academy Awards this year focused on the lost grandeur of the Golden Age of film.

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April 19, 2017

Geopolitics

Communal tension grips Bhagalpur

by TrickyScribe April 10, 2017

written by TrickyScribe

Tension gripped Bhagalpur on Sunday as beef was found thrown near a temple located in the Jagdamba Chowk of Hussainabad bucket factory locality. As a precautionary measure and to dampen the aftershocks of the incident in other parts of the country mobile internet services have been halted by the district administration.

That apart, a letter written by some Aymad of Puraini, claiming the blame, has also been found. The letter also states that the sponsors have also assured safety and security of the executor. The sponsor has been named as Rehan in the letter.

In its bid to maintain law and order in the district, the police administration has also deployed Rapid Action Force besides the local cops. Although the situation is presently under control, the tension still simmers. Locals spotted the beef that was carefully packed in a transparent container in the wee hours of Sunday and the news did spread like wildfire.

Agitated by the happening, the locals resorted to large-scale arson and interrupted the main road traffic for over a couple of hours. Blaming a nearby abattoir for the incident, the enraged masses demanded its immediate and permanent closure as well.

The local cops assured the agitators that culprits behind the episode will definitely be brought to justice as their identification will be based on footages of the nearby CCTVs.

Communal disharmony has become a perennial feature in Bhagalpur, a place known worldwide for its typical Tasar silk. Similar tension prevailed in the city in January last.

It may be mentioned here that Bhagalpur has a history of communal violence, and in 1989, the Hindu-Muslims tensions had escalated during the Muharram and Bisheri Puja festivities in August.

The Bhagalpur riots refer to the Hindu-Muslim violence in the Bhagalpur district, Bihar that started on October 24, 1989 and continued for 2 months. The violence affected the Bhagalpur city and 250 villages around it.

Over 1,000 people (of which, around 900 were Muslims), were killed, and another 50,000 were displaced. By the time the barbarity was tamed, it became the worst Hindu-Muslim violence in independent India at the time, surpassing the 1969 Gujarat riots.

In 1989, as part of the Ram Janmabhoomi campaign, which aims to construct a Hindu temple at Ayodhya in place of the Babri mosque, the Vishwa Hindu Parishad (VHP) had organized a “Ramshila” procession in Bhagalpur. The procession aimed to collect bricks (shilas) for the proposed Ram temple at Ayodhya. One such procession passing through Fatehpur village provoked arson and brickbatting on October 22.

Those apart, the political and criminal rivalries in the area also played a role in inciting the riots.

On October 24, 1989, the Ramshila processions from the various parts of the district were to proceed to the Gaushala area, from where they would move on to Ayodhya. The procession coming from Parbatti area passed peacefully through Tatarpur, a Muslim-dominated area, after its leader Mahadev Prasad Singh told the Hindus not to raise any provocative slogans.

Another procession from Nathnagar arrived at Tatarpur. This massive procession was escorted for safety by the police, in the presence of the then Bhagalpur SP KS Dwivedi. Some members of the procession shouted slogans such as “Hindi, Hindu, Hindustan, Mullah Bhago Pakistan (India is for Hindus, Muslims run away to Pakistan) and Babur ki auladon, bhago Pakistan ya Kabristan (Children of Babur, run away to Pakistan or to the graveyard).”

The then Bhagalpur DM Arun Jha stopped the procession at the Parbatti-Tatarpur junction. The DM then requested the Muslims to allow the procession to pass through Tatarpur, but the Muslims refused and demanded that the procession must take an alternative route to Gaushala.

Meanwhile, crude bombs were thrown at the procession from the premises of the neighbouring Muslim high school. Although no one was killed in the bombing, as many as 11 policemen suffered minor injuries triggering the riots.

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April 10, 2017

India Meteorological Department (IMD) has predicted normal rainfall this year

Geopolitics

Vardhaman Mahavir: Monk, Philosopher, Guide and God

by TrickyScribe April 9, 2017

written by TrickyScribe

Ashish Saurabh: In times when racial attacks, genocides and hatred are brewing, the concept of ‘Ahimsa’ as preached by Mahavir provides solution. At a time when the United States fired a barrage of 59 Tomahawk Cruise Missiles from its naval ship deployed in the Mediterranean Sea as a result to the use of chemical weapons on alleged civilians by the Syrian regime, the world definitely needs to go back to the teachings of the last Tirthankar of Jains, Mahavir.

Even the strategic silence of the Indian government on the issue is being criticized. India has not lambasted the Syrian government’s decision of the mass killings. Those opposing the American strikes blame that ally of “an ally is an ally-in-law” and this is the reason behind India’s silence.

Those apart, April 9 being the 2616th birth anniversary of the crusader of peace and harmony, Mahavir, let us take a look on the life of the sage. Perhaps, this might inculcate pro-peace feeling.

Life History

Mahavir Jayanti, one of the most important religious festivals of the Jain community, is celebrated with zeal in India and across the world to commemorate the birth and philosophy of Lord Mahavira.

Mahavira was the last Tirthanka and founder of Jainism in India. He was born on the thirteenth day of the rising moon of Chaitra to King Siddartha and Queen Trisala in Vaishali (Bihar), a few miles from present Patna city. His parents named him Vardhaman.

According to Swetambars, Vardhaman’s expecting mother had 14 dreams. When astrologers interpreted these dreams, they predicted that the child would become either an emperor or Tirthankar, a person who achieves spiritual enlightenment. The prophecies of the astrologers came true and later he became the 24th Tirthankar.

Early Life

Mahavira lived as a prince. But, in his early years he developed a deep interest in the core beliefs of Jainism and started meditating. At the age of 30, he renounced the throne and his family to seek spiritual truth and spent twelve years as an ascetic. He spent most of his time meditating and preaching non-violence to people and also showed utmost reverence to all living beings. Mahavira chose an extremely ascetic life. While enduring the penance, he controlled his senses. His courage and exemplary action in controlling the senses earned him the name Mahavira. And he devoted the rest of his life preaching the truth of spiritual freedom. Thus, Mahavir Jayanti is celebrated every year to commemorate his preaching and Jain philosophy.

How Mahavir Jayanti is Celebrated?

Mahavir Jayanti is an auspicious occasion for the Jain community. Followers visit the temples and offer ceremonial bath, known as ‘abhishek’, to Mahavira’s idol. The temples are lavishly decorated with flags to mark the birth anniversary of Lord Mahavira. Majestic chariot processions are also carried out with the images followed by millions of devotees while chanting prayers. Traditional dishes are prepared on this particular day and alms are offered to the poor.

On the occasion of Mahavir Jayanti, sermons are also held in shrines or temples to preach the philosophy of spiritual freedom and virtue. Important chapters from the life of Mahavira are read out to the devotees that also contain biographies of Jain Tirthankars. Devotees and followers of Jainism send Mahavir Jayanti messages to relive the great teachings and life of Lord Mahavira. Amazing Mahavir Jayanti greetings, e-cards and Mahavir Jayanti SMS are shared with friends and family to celebrate the holy occasion.

Folklore Associated

A Tapaswi was meditating under a tree when a cow herder approached him to look after his herd while he could arrange some food for himself. Deep in meditation the Tapaswi did not respond. The herder thought that his request was herd and went. When he returned back he was amazed to find all his cows missing, while Tapaswi was still in meditation. Infuriated herder was about to whip the Tapaswi when an angel confronted him and stopped him. The angel convinced herder that his cows went missing not because of Tapaswi but because of his bad Karmas. Once out of his meditation the Tapaswi was not angry at the herder but blessed him such that he could trace his herd back.

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Being a Sage

That Tapaswi was Vardhaman who taught world about tolerance, forgiveness and peaceful coexistence. Vardhaman, one of the greatest exponents of the Anekantvada, Syayvada and Nyayvada was born in royal clan of Ishvaku dynasty in Bihar in 540 BC. Bravery shown by the Vardhaman earned him the title ‘Mahavir’ meaning Bravest.

At age of 30, Mahavir had an urgent spiritual urge. Following this he spent twelve years wandering, meditating, severe penance while abandoning worldly things. At age of 43, Mahavir became kevali(omniscient). Following this, he spent next 30 years of his life wandering and teaching his principles.

His period was one of turmoil. Politically, the Mahajanpadas of the period were involved in bitter rivalry to expand at the cost of others. Socially, the established Brahmanincal society was witnessing strains because of its inability to accommodate new social realities of the period that included growing business class which was not given substantial social respect. The changing economies of the period had direct bearing on the societal and cultural interaction of the period. The teachings of Mahavir were powerful in responding to the needs of his time.

Soon his followers increased. Royals of the period, including Bimbisar of Magadha, Chetaka of Videha and Kunika of Anga were drawn into his teaching. Many rulers who came later in his history were also influenced by his teaching. Legends say that the great Maurya king, Chandragupta Maurya had abdicated his thorne and left his empire to practise penance as per Jain tradition under guidance of Bhadrabahu, a renowned Jain philosopher.

Teachings:

Ahimsa: not to harm any living being;

Satya: to speak harmless truth only;

Asteya: not to take anything not properly given;

Brahmacharya: not to indulge in sensual pleasure;

Aprigraha: complete detachment from people, place and Material things.

Philosophy:

Mahavir had an immense impact on the philosophical tradition in India. His philosophical interventions are too many to be captured but two amongst them has been critical in Indian philosophical tradition since then.

Anekantavada: This propounds that reality can be perceived from multiple view points and no single view can be truth. This idea of pluralism of thoughts and multiplicity of truth has been taken by many.

Syadvada: this propounds that all judgements are good only in certain conditions and not all.

(The author is a post graduate in History from JNU, New Delhi. He can be contacted on Twitter @ScribeAshish and over the email: ashish.saurabh@trickyscribe.in)

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April 9, 2017

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