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‘Anything that makes a product or service cheaper, faster, more convenient, a better experience will be welcome in the post-Covid world… Laws must enable businesses, not stifle them.’ – Kunal R. Sarpal

Kunal R. Sarpal is an award-winning practising Company Secretary and Lawyer. One of the youngest in India to clear the CS course at the age of 20 alongside his commerce graduation, he secured an All India Rank and immediately started practising. He is the Founder & Managing Partner of White Collar Legal LLP, a boutique Corporate, Cyber, Intellectual Property Rights Law firm, started in 2013 and now has branches in Mumbai, Delhi, Surat and Pune. He also serves as a faculty, advisor and mentor at many renowned institutions such as IIM Ahmedabad, Tata Institute of Social Sciences, Flame University, Symbiosis International University. He’s a TEDx speaker and has also been appointed as an ambassador by the Ministry of Youth Affairs and Sports.

Q. From a legal perspective, could you talk about the challenges faced by start-up clients and how do you deal with them?

Start-ups are unstructured and are person/people driven. The knowledge of law, financial and legal frameworks and scalable entity modelling & compliance is missing. We fill these gaps by providing consulting, training, drafting and compliance services like a seasoned in house counsel dedicated in fin-legal plug in. 

Q. You started your own firm in 2014 and so far, it has won many awards and recognition. What challenges did you face in setting up your independent firm?

Getting clients and establishing trust initially was tough. Getting ourselves structured and setting up SoPs and tech enablers was new and took a lot of time and learning. Since I did not have any prior experience before starting, it was learning on the client’s live assignments. The pressure to deliver well was immense. Building depth and getting high value work took a few years.

Q. What sets the practice at White Collar Legal apart from other law firms/law consultants?

We are RoI driven. For us, legal is something that enables businesses and does not stifle them. 

We are also processes driven. This value and ethos is present in everything we do and in everyone who works with us. The way we merge legal-fin-business acumen is unique and our clients love us for it. It is sorely missing in many in our fraternity wherein professionals operate in silos and like horses with blinds. 

Q. Often entrepreneurs are not really sure of the different types of IP rights available to them. What are the basic IP types that entrepreneurs can look into?

Primarily, there are 5 common to most businesses:

1. Their name/logo/brand/tagline/identity, which needs to be trademarked.

2. The unique content/processes/software/other tech they create they need to copyright.

3. The products/drug/utility/design they invent, which needs to be patented.

4. The beautiful aesthetic of their product which needs to be registered under design.

5. A combination of all above, as to how it interacts with each other to produce a brilliant result and also which helps them procure, store and analyze data. 

Q. You are a TEDx speaker. What previous TED talk has been most meaningful to you?

‘How schools kill creativity’ by Sir Ken Robinson. For its simplicity, humor, depth and style of delivery. 

Q. Covid-19 has had a colossal impact around the world. What do you think are the post Covid entrepreneurship opportunities and challenges? 

Anything that makes a product or a service cheaper, faster, more convenient, better experience…is welcome. What is important is to focus on solving a specific problem and then being the best solution provider for it. 

Business or entrepreneurship is pretty simple if you understand its fundamentals. Robust folks who understood this were least impacted by the pandemic or any other externality.

Q. Do you think Artificial Intelligence and machine learning in legal technology can be helpful in assisting lawyers in the corporate industry? If so then in what ways?

It will supplement us. Assist us. Make us better lawyers, not only in corporate but in litigation, in terms of:

a. Giving us better research tools for us to achieve depth and width at the same time, cheaply and fast.

b. Make a lot of admin work, repeat advisory, procedural work, non-application of mind work redundant and help us focus on our main competence of thinking of solving the problem at hand.

c. Clean the industry by making many old, outdated, ill-informed professionals redundant. 

Q. What advice would you like to give to young lawyers and law students who may want to get into your line of work?

Build foundational theoretical depth and strength. Know everything that is out there and try filling the gaps.

Next, get hands on work experience through internships or low paid jobs. Next, build the skill of getting a job or better still, getting work, else all of the above is useless. (RoI mindset). Understand deeply that the client cares for a solution that’s best to solve his problem and he/she absolutely doesn’t care where it comes from or who gives it. 

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‘Technology is making a lot of legal skill sets redundant. You can get due diligence done by bots instead of lawyers. We may also have bots who will predict the outcome of a case on the basis of precedents and various other inputs.’ – Debanshu Khettry

Debanshu Khettry is a Principal Associate of the law firm Leslie & Khettry.

Q. There is a common perception that first generation lawyers have to struggle more than those who come from a family of legal professionals. Could you give us a glimpse into the other side of the story. Being a fourth generation lawyer, have you faced challenges in your legal career? Do you think there is always a benchmark against which your performance is evaluated? 

It is probable that first generation lawyers struggle more than those who come from a family of legal professionals. However, coming from a family of lawyers has its own inhibitions. You are always compared to your forefathers or seniors in the family. The base or the standard with which you start is already raised. If you are evaluated against a set benchmark, the stakes are higher because you not only have to aspire to rise to the expectations but also ensure that you protect the reputation generated by your forefathers. Compare this to a person who is starting afresh, has very little to lose. The next generation has to ensure that not only do they protect the downside (what the previous generation achieved) but grow further. I feel that it is always more difficult for the next generation.

In addition, each generation has to prove himself / herself since the laws are ever changing and so is the work pattern along with outlook and requirement of businesses / clients.

Q. You graduated from NUJS, Kolkata and thereafter you pursued your LLM from UCL. How different is the legal education system in the UK as compared to India?

It may not be fair to do a comparison as I did my undergraduate from India and postgraduate from UK. The teaching methodologies may differ with the nature of the degree / programme being taught. Having said that, I noticed that in India there is a great deal of focus on lecture method whilst in UK the emphasis is more on the Socratic method.

Q. Being the co-founder of P-PIL, with a vision to promote practical advocacy among law students, do you feel that there is a lack of practical training in law schools in India? How can this gap between learning law and its practice be bridged? 

There is definitely a gap between learning law and its practice in law schools in India. To some extent the gap is bridged by focus on internships and platforms such as P-PIL. There are many practical courses these days (within or outside the university) which students can consider taking based on their interest areas. Law schools should also encourage inclusion of practical modules apart from theory-based modules in their course structure. 

Q. You are the founding member of IDIA and founding executive editor of Journal of Telecommunication and Broadcasting Law. You are also the co-founder of P-PIL, SILC and Lawctopus. What has been the decision factors behind the creation of these ventures? 

Each of these ventures is the result of efforts of several others and a gap in the industry that needed to be filled. The Increasing Diversity by Increasing Access (IDIA) project was the brainchild of Late Prof. Dr. Shamnad Basheer. The emphasis is to promote diversity in law schools by uplifting the under-privileged. The Journal of Telecommunication and Broadcasting Law (JTBL) was the result of lack of any journals devoted to the ever-growing, vital and complex field of telecommunication and broadcasting laws. 

Similarly, for Promoting Public Interest Lawyering (P-PIL), we wanted to create a platform from where students can get an experience of practical advocacy which unfortunately is not fully achieved with the current system of mooting in law schools. The Standard Indian Legal Citation (SILC) was also conceptualised due to the absence of any indigenous citation methodology designed to cater to the reference of Indian legal sources.

When we started Lawctopus, there was no website that offered information on the various opportunities available to students or an insight into how their internship experiences at various places have been. The portal helps law students and aspirants make informed choices.

One of the major inspirations behind these ventures was Mahatma Gandhi’s oft-quoted phrase ‘Be the change you want to see in the world’. It is easy to remark that there is a problem or there is a lack of a better solution, nevertheless, each problem or the lack of a better solution is an opportunity that can be seized.

Q. You are part of your family’s legacy firm, Leslie & Khettry, which was established in the year 1944. Could you share with us the history behind this extraordinary journey of 76 years?

If one sees our Firm, Leslie & Khettry’s logo, there are 3 rising stars followed by the words practising since 1944. This was carefully thought out because we want to indicate that there is something before 1944. The Firm was started by my grandfather (Sreenath Khettry) in 1944, however my great grandfather (Golap Khettry) was also a lawyer at Calcutta. 

Q. Technology has revolutionised the way the law firms and how lawyers work. How do you see the development of technology in the future affecting your work?

Technology is both a boon and a bane for lawyers. On one hand, it brings in efficiencies and creates new opportunities. For instance, the adaptation of e-courts will help lawyers who have multiple hearings in a day and it also opens the door for making appearances in courts at different cities or locations. However, technology is making a lot of legal skill sets redundant. For instance, you can get due diligence done by bots instead of lawyers. We may also have bots who will predict the outcome of a case on the basis of precedents and various other inputs. 

Q. What are your future plans professionally? Do you plan to expand Leslie & Khettry?

Yes, we are already expanding organically and will not shy from looking at inorganic growth opportunities. Our plan is to grow our practice and cater to the needs of those requiring legal assistance to the best of our ability. We do not call ourselves experts of anything and we are always students / practitioners as law changes its shape on a daily basis. 

Q. What are your other interests, other than law?

I have deep interest in finance and how the financial markets across the globe function / react to various events. I also devote some amount of time in doing angel investments and meeting entrepreneurs and understanding their needs. I also enjoy engaging in new activities, be it learning a new language or an instrument or taking up a sport.

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“In the post-pandemic world order, mediation should be one of the most preferred modes for dispute redressal.” – Nandini Gore

Nandini Gore is Advocate on Record, Supreme Court and Partner, Karanjawala & Company Advocates. She has been practicing since 1988 and has an experience of more than 30 years at the Bar specializing in Litigation, Arbitration, Corporate practice and Mediation practice.

Q. Being an expert mediator, where do you think India stands in the field of Mediation in the corporate/private sector or private mediations, especially as alternate dispute resolution is being encouraged across the world?

For many years, especially in the Indian context, we have observed the reluctance of litigants to embrace mediation as an effective means to dispute resolution. Even though the progress experienced in this regard may not have been at the desirable pace, it is indisputable that improvements have been made specially qua matters relating to family and matrimonial disputes. The benefits that mediations bring have been slow to reach the realm of commercial matters. There has been, however, a concerted effort to make the legal environment more favourable, with many courts finding it increasingly convenient to refer commercial disputes matters to mediation to iron out an amicable settlement rather than resort to the traditional court litigation to resolve the ever-increasing complexity of business disputes. The inherent flexibility of mediation proceedings are a real advantage over traditional court centric litigation.

The outbreak of the Covid-19 pandemic has brought about unimaginable worldwide commercial disruptions, and as businesses suffer through this crisis, it is more important than ever that disputes get resolved in a timely and efficient way. It is high time that all stakeholders discuss the legal impact of the Covid-19 pandemic and the changes it will usher in in the legal field and how India can be more accepting of the Alternate Dispute Redressal (“ADR”) mechanisms in the days to come.

Looking at the present scenario, many are anticipating a surge in the need for resorting to alternate means of dispute redressal all over the world. The end of the lockdown has seen an inevitable surge of new claims, which shall arise out of the commercial disruptions owing to lockdown being put in place. A majority of the claims will emanate from the delays or cancelations in inter alia the construction business, shipping industry, international transit, energy and power sector etc. In the world order post the pandemic, “Mediations” should be one of the most preferred modes for dispute redressal in these cases.

The pendency of cases, the ever-increasing number of statutory Appeals and most importantly the increasingly alarming rate at which disputes are being taken up for litigation in our country, is I believe one of the biggest hurdles in the administration of justice. As a practising Supreme Court Counsel, I have witnessed the very increasing number of cases and litigants that approach the Hon’ble Supreme Court for effective adjudication of the dispute having gone through the hierarchy of the courts in our country.

I have always firmly believed that where justice is administered at a belated stage is as good as the denial of justice, and therefore the most important and biggest hurdle that has to be overcome is to bring down the pendency of cases before various courts of India. It is extremely pertinent to mention here that the founding father of our nation and subsequent legislators have anticipated this and sought to remedy these by the establishments of alternative disputes redressal mechanism in our country. Mediation, Arbitration, Conciliation and establishments of Lok Adalats etc. are the various ways by which the problem of pendency of cases was sought to be tackled by the Indian State. However, over the years in my personal experience as a Certified Mediator and practising Supreme Court Advocate I have personally noticed that these avenues have not been utilized to the best of their capabilities.

Q. You have been a lawyer for over 30 years. Could you talk about some interesting cases you have worked on that turned out to be great learning experiences or turning points in your career?

Two extremely enriching learning experiences come to mind. As a young lawyer briefing the celebrated Justice (Retd.) Late V.M. Tarkunde, Senior Advocate and former Judge of the Bombay High Court, he told me that the key to becoming a good lawyer lay in the efficient and in-depth understanding of the Code of Civil Procedure. He also used to tell us that to truly understand the working of the legal system, every lawyer should spend some part of his career in the Trial Court. Another valuable lesson I learnt was when I was briefing Mr Fali S. Nariman, Senior Advocate. His conferences taught me that one should never hesitate in putting across valid legal arguments despite one’s young age. Mr Nariman has always recognized and appreciated any hard work put in by young lawyers and this is one advice I will always pass on to the younger lawyers.

Q. Did you face any difficulties because of being a woman, especially 30 years back when mindsets in the legal profession may not have been in favour of gender equality? Do you think gender based challenges still exist today for women in the profession?

I wouldn’t really call it a struggle but rather an enriching experience. I agree that the number of Advocates practicing is slightly skewed (gender wise) but this trend is changing. I have always believed that it’s your calibre and not your gender that will take you places in the profession. If I talk about my office, I take immense pride in the fact that extremely intelligent and outstanding female lawyers have been and are part of my team.

The legal fraternity has definitely become more inclusive. The overall scenario, especially in regard to the litigation field has seen a massive shift from work being concentrated in the hands of a few Counsel to the present day scenario. The new avenues and specialized forums have led to greater specialization by counsel resulting in better and essentially more organized service delivery to the clients. The litigation scenario, especially in Delhi, has massively benefited from this with the city attracting the best young legal minds.

Q. You have filed a PIL before the Supreme Court for implementation of guidelines for installing CCTV cameras in all buses and public transport for the benefit of women. According to you, where do the laws in India lack in preventing crimes against women such as sexual violence?

I firmly believe that the issue is not with the absence of laws but rather the effective implementation thereof. A genuine consciousness that aims at ensuring protection of rights of women is what is essentially required. Violence against women and girls take many forms, including domestic violence, sexual assault, human trafficking, so called ‘honour killings’ and the traditional custom of female genital mutilation prevalent in some religions. This is rooted in the gender inequality that women face throughout their lives from childhood till old age. Given the devastating effect violence has on women, efforts have mainly focused on responses and services for survivors. However, the best way to end violence against women and girls is to prevent it from happening in the first place by addressing its root and structural causes.

Prevention should start early in life, by educating and working with young boys and girls promoting respectful relationships and gender equality. Working with youth is the best bet for faster, sustained progress on preventing and eradicating gender-based violenceWhile public policies and interventions often overlook this stage of life, it is a critical time when values and norms around gender equality are forged. 

A strong focus on prevention through the promotion of gender equality, women’s empowerment and their enjoyment of human rights is the need of the hour. It also means making the home and public spaces safer for women and girls, ensuring women’s economic autonomy and security, and increasing women’s participation and decision-making powers—in the home and relationships, as well as in public life and politics. Working with men and boys helps accelerate progress in preventing and ending violence against women and girls. They can begin to challenge the deeply rooted inequalities and social norms that perpetuate men’s control and power over women and reinforce tolerance for violence against women and girls.

Awareness-raising and community mobilization, including through media and social media, is another important component of an effective prevention strategy. 

Q. What role do you think Artificial Intelligence and legal technology can play in improving the efficiency of the legal profession?

The Indian legal sector has seen very little innovation in terms of technology and lawyers have for long been comfortable and relying on the methods and solutions that were designed years ago. Artificial Intelligence can play a big role in changing the way lawyers operate and how the law is looked at in India. 

We live in a world ceaselessly immersed in technology. The use of technology accounts for the evolutionary shifts in human activity, not only at the individual and the societal level, but has also driven immense changes in various professions. Entire industries and professional fields have risen or disappeared as a result of technological developments. There is no doubt that technology tools permeate all parts of our lives, and the outbreak of the Covid-19 pandemic has ushered in a revolution of sorts where traditional litigation has been forced to make use of IT tools such as video conferencing to ensure that the dispensation of justice does not suffer during these testing times. 

The traditional litigation is still a fully in-person session (or series of sessions) while the parties and their counsel and the field suffers to cope up with the need of the present times. Despite most of us having become more familiar, comfortable, and adept with incorporating technology into elements of our personal lives, the domain of utilizing technology to bring about effective dispute redressal is still a distant dream.

It would not be an understatement to say that a vast majority of legal institutions have ignored technology. Protracted reliance on heavy briefs and papers should have been at the forefront during these times, when the use of technology has been rather forced. A lack of institutional framework which could promote use of technology is primarily responsible for the same. Whereas the commercial world has readily accepted and utilized the role of technology to make arbitrations more effective, with specific protocols and institutional framework having been put in place, the other forums, whether its traditional litigation or mediations etc. have been left behind.

In this regard, a useful guide will be to study the leaps taken in incorporating IT tools in the field of International Commercial Arbitrations. As a step in the direction to facilitate online conduct of proceedings, the Korean Commercial Arbitration Board (KCAB) published the “Seoul Protocol on Video Conferencing in International Commercial Arbitrations”. The Protocol addresses all aspects of conducting video-conference hearings in international arbitrations, from witness examination to technical specifications. These and other resources can help guide arbitrators and parties as they continue to resolve disputes under present restrictions. It is pertinent here to understand that the protocol is not a hasty reaction to the present outbreak of the Covid-19 pandemic and has rather been in active deliberations since 2018, and has been designed to be a comprehensive guide to conducting arbitral proceedings remotely, and therefore, presents itself as a rather important tool in these times. A cohesive study of the protocol, and how the same can be adapted to suit the needs of a mediation is the need of the hour.  

The growing relevance of information security is an unavoidable feature of modern-day legal practice and the increase in electronical filings and use of videoconferencing in proceedings would lead to heightened concerns of cybersecurity and privacy protections. It is, therefore, incumbent on the Government to provide adequate mechanism to guard against the said issues with strengthened legal provisions and mechanisms. A substantive chapter in penal laws can go a long way in allaying these fears. 

It is pertinent here to mention the 2020 Protocol on Cyber Security in International Arbitration, published by a working group established by the International Council for Commercial Arbitration, the New York City Bar Association and the International Institute for Conflict Prevention and Resolution. Although the Protocol has been drafted keeping in mind international commercial arbitrations, it may also be a useful reference for outlining and establishing an effective protocol for litigation proceedings as well.

Q. How would you describe your professional journey so far? And what career advice would you like to give to young lawyers and law students? 

In one word, rewarding. An element of ensuring public service was part of my life and was one of the main motivational factors that led me to pursue law as my career. I was always inclined towards debating in school and college and was inclined to appear for the Civil Services examination and therefore, a natural step in that direction was to pursue law. It started off as a subject that I intended to be part of my optional paper in the civil services examination but soon became my true calling.

I would say that one of the most enriching experiences of my life was my time at the University of Delhi. My alma mater, Campus Law Centre, Faculty of Law of the University of Delhi is where I received the holistic understanding of the subject and, coupled with the guidance I received from my professors there, is what helped in shaping the lawyer I am today. Having grown listening to the lectures of Prof. Madhav Menon on Constitutional Law, Prof. Kubba for Torts, Mr Rajiv Khanna on Contract, and Hon’ble Mr Justice A.K. Sikri who used to teach us the Code of Civil Procedure, their education is possibly my life’s biggest lessons.

My advice to the young lawyers has been the same through these years. Do what makes you happy is the advice I give everyone joining the profession. It doesn’t really matter if you work as a litigation counsel in the district courts or be part of a Tier-I law firm handling the most talked about matters or join the corporate side of law as long as one stays committed to providing the best legal advice and stays true to integrity and honesty that this profession demands. For a young lawyer the avenues as on date in the field of law are immense and the whole wide world its open and waiting for them. However, I strongly recommend that every lawyer, whether a fresher or an experienced one, should always do some pro bono work and give back to the society. This experience is particularly enriching.

I still remember the time when I had approached two eminent lawyers of the Hon’ble Supreme Court of India, Mr. Fali S. Nariman and Mr. Harish N. Salve, Learned Senior Advocates to appear in a case seeking relief for a rape victim (Nari Raksha Samiti case) before the Hon’ble Supreme Court of India. There is much to be learnt from them, who not only appeared pro bono in the matter but were also instrumental in ensuring that effective guidelines are laid down to ensure that the heinous crime does not happen to anyone else.

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‘In the current era of Information Technology, the main challenge regarding copyright and the enforcement is with regard to defining creative content and pin pointing the violation.’ – Naveen Varma

Naveen Varma is a practicing Patent Attorney in India. He is a qualified Mechanical Engineer and an advocate enrolled with the Bar Council of Delhi. He has extensive experience for more than sixteen years in the domain of Intellectual Property (IP) and specializes in counselling on protection, enforcement and management of IP assets. His core areas in IP include patents, designs and trademarks. 

Q. Could you specify and briefly explain some India-specific problems pertaining to IPR?

IPR Adjudication: On the administrative front, delays are a major problem at the IP Offices.  Be it the Patent Office, Trademark Office or the Designs Office.  Some efforts have been taken up in the last few years to minimize the delays. However, I personally feel the approach is not very structured.  No doubt new applications are being prosecuted quickly, however old cases in terms of pending examinations or opposition proceedings are still lying as they were.  

Yet to pave way to new IPR Regimes: In the domain of Computer Related Inventions (CRIs), and specifically for inventions having software and algorithms, the space is still not clear as to how the Patent Office interprets and reacts to the protection sought. More often than not the Office bearers (Controllers) at the Patent Offices interpret the inventions in a very narrow manner and tend to drag all innovations under the realm of Section 3 (k) – grounds of non-patentability for inventions pertaining to software per se or algorithms. Meaning thereby, innovations in the domain of CRIs including Internet of Things (IoTs), Artificial Intelligence (AI), Machine Learnings (MLs), Blockchain etc. which are inevitable in the near future, will find challenges to be protected. 

Narrow Interpretation of Existing Provisions under the Act:

Designs:  On many occasions, the definitions under the Designs Act and specifically with respect to “article” and “design” are being interpreted and implemented to a wide range of innovations wherein such direct interpretations may not be applicable. Graphical User Interfaces (GUIs) is one such area wherein the exact creativity/ innovation may not directly fit under the said definition of “article” or “design”.

Q. In the foreseeable future, there is likely to be growth in innovations in India in the field of manufacturing as well as in the tech and e-commerce spaces. Are we as a country equipped for such a future in terms of IP laws?

From the manufacturing perspective, Yes – the IP laws of India are equipped to cater to the requirement.  Our Patent and Design laws have all requisite provisions to protect the innovations in the manufacturing domain.

Innovations from the E-Commerce domain have to be looked at from the perspective of Computer Related Inventions (CRIs). As already stated, we have some limitations in terms of business methods, software per se and algorithms being protected as patentable inventions in India. Innovations in the domain of E-Commerce have to be gauged minutely to understand the exact nature of invention and accordingly evaluated rather than merely applying Section 3(k) as a limitation.

Q. The world is in the midst of an Artificial Intelligence boom. What are some of the challenges that AI is posing for the IP system? 

Intellectual Property (IP) is meant for protecting the rights of the innovators or creators i.e. the ownership rights being safeguarded before the same being assigned.  

One important challenge that AI is posing on the IP system is with regard to inventorship. IP is designed to protect the creations of intellect of a human mind.  For AI, the major issue being, the creations are possibly by computers rather than human mind.  This is an interesting sphere of debate worldwide and we will have to wait and watch where it leads to in terms of interpretation. 

Over and above, the limitations in many jurisdictions in terms of non-patentability of Computer Related Inventions (CRIs), is another challenge to innovations in the domain of AI.

Q. What are the practice areas of Zeus IP within the ambit of IP laws and what sets it apart from other law firms that also specialize in the same field?

At Zeus IP, we cover all areas of IP including Patents, Trademarks, Designs, Copyrights, Geographical Indications, Plant Variety, etc..  What sets us apart is the manner in which we approach each IP issue.  The same cannot always be seen in isolation and every member at ZeusIP is trained to see each IP issues from multiple dimensions to develop a holistic approach and advice clients accordingly.  The approach during the advisory is not merely academic but instead the solutions are practical and are customized keeping in view the client’s commercial business interests.  Registrations and Grants cannot be considered as an isolated academic exercise whereas the same needs to be looked at from the perspective of future enforcement and commercialization and accordingly strategies and approaches are structured. 

Q. We recently held a webinar during which the chief speaker, Honb’le Justice Prathiba Singh of the Delhi High Court, described copyright law as similar to “space”, saying that copyright law has no limitations and that its full potential has not been realised. In your opinion, in a nutshell, what are the further additions that can be made to the copyright laws in India and maybe in the international context too?  

Copyright law is very vast.  Yes, it may be considered that said law has not been explored to the fullest extent.  More specifically, copyright being an inherent right and registration of copyright being non-mandatory, various facets of enforcements are not fully explored.  

In the current era of Information Technology, the main challenge regarding copyright and the enforcement is with regard to defining creative content and pin pointing the violation. Specially, musical works, sound recording etc.. are subtle areas wherein the evaluation and interpretation has to penetrate few deeper layers while enforcement. 

Q. The coronavirus pandemic has changed the way not only lawyers and judges work but the way the entire legal system works. How have you adapted to the lifestyle changes, both personally and professionally, that have been brought about by the pandemic? 

Indeed, the pandemic has unveiled a new modus operandi for working.  The first few days were a bit difficult to adjust, but then once the approach and the operations are structured, things fell in place. On the professional front, with the technology support that we have in the present day, the transition was seamless. Structured protocols were developed for team interactions to discuss projects, work allocations, review and communications and things settled quickly and every team member pitched in. Holding group video calls (zoom calls etc.) to connect with each member during the lockdown to keep a watch on their physical as well as mental health certainly helped to maintain the connect. Additionally, few collective activities were structured by the Office which kept the whole team engaged on specific occasions. 

On the personal front, the lockdown and work from home certainly allowed for more time to be spent with family.  Family time was accordingly structured to have quality involvement with family members and led to doing a lot of collective activities together. 

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‘The govt can take over a patent if it believes the patentee may not be making it available to the public at large at a reasonable cost.’ – Gunjan Paharia

Gunjan Paharia is a qualified attorney and a Registered Patent Agent. She has nearly two decades of experience in pure IP law and cognate laws. Her expertise, in particular, extends to Patents, Trademark, Copyright and Industrial designs, and includes obtaining registrations, counselling on protection, enforcement and management of Intellectual Property assets with a special focus on enforcement of Intellectual Property, conducting detailed due diligence projects, representing clients in Intellectual Property litigation in various courts across India. She also has extensive experience in prosecuting trade mark and patent applications, and managing clients’ portfolio in India and the neighbouring countries of Pakistan, Bangladesh, Nepal, Sri Lanka and Bhutan.

Q. What are the major challenges that lawyers usually face in IP-related practice/litigation in India?

The dynamic nature of the practice is the biggest challenge. While the Act is fairly clear, the interpretation of the law by various courts and tribunals remains dynamic and it takes creativity to understand the true nature of the conflict or the issue. In addition to the same, the practice directions of the IP Office to its examiners etc  makes the prosecution practice challenging as these make arguments and reasoning with the IP office almost redundant. 

Q. Amid the COVID-19 pandemic scenario, there are some essential innovations taking place across the world in the tech and medical spaces to provide much-needed relief to populations. Do you think IPR can be a hindrance to more and more people getting access to such essential products?  

Not really! The law in India is robust enough to ensure that the public interest will always be paramount. As an example, the Government can take over a patent if it believes that the innovation is necessary for the public and the patentee may not be making it available to the public at large at a reasonable/affordable cost. 

Q. What sets the Intellectual Property practice at ZeusIP apart from other law firms that also deal in patents, trademarks, copyrights, etc.?

The quality of service as well as the commercially viable strategy and approaches that we offer the clients to maximize their legal budgets for the best possible protection and enforcement. We pride ourselves as being the client’s partners rather than just legal counsels.

Q. Do you think the Intellectual Property Appellate Board is rightly teethed to deal with the various issues?

I do believe so! The intention of the legislature behind setting up of the IPAB was to have an authority focused on the intellectual property matters. The IPAB was fully empowered with all the authority as that of any High Court in the country and it offers a much speedier disposal of the IP matters than the IP owner would have to face before a High Court. The fact that it also eases the burden on the High Courts should also not be missed. 

Q. You are co-chair of the INTA’s India initiative to collaborate with the Indian Government (DIPP) for the spread of IP awareness amongst school going children. Could you tell us more about this initiative? Why is it essential for school students to learn about IPR?

Counterfeiting is a major menace in many ways. Studies show that in addition to revenue loss to the IP holder, it also contributes to the drug lobby as well as organized crimes. The idea behind educating children about the pitfalls of counterfeiting is creating awareness to not drive the demand for counterfeiting as well as contributing to bringing up an entire generation of legally aware and responsible citizens of the future. 

Q. On a personal level, how are you adapting to the changes in professional environments brought about by the pandemic and the lockdown? What do you like to do when you are not working?

With the infrastructure available today, working from home has become very easy. The teams have access to almost all resources as they had while in office. The culture is now setting in and working remotely is becoming seamless and painless. The only thing that is compromised is the team building which can only happen by way of interpersonal interaction. This is being addressed by us through various other channels like team meetings on various platforms, doing various group activities online, becoming an online community etc. We also actively mentor our people through weekly sessions which not only focuses on work related education but also acquiring life skills and a focus on mental and emotional health of our people has been very high on the agenda during this time.

Like everyone else, the time spent with family has been the greatest win of the lockdown. The opportunity to pursue hobbies like gardening, reading, painting has also been on the forefront. 

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‘In the future, there is going to be a need to device an IP framework for protection of work created by an Artificial Intelligence mechanism.’ – Kangan Roda

Kangan Roda is Partner at IlluminIP, an IP boutique firm offering a complete range of services in India relating to contentious and non-contentious Intellectual Property (IP) issues. The key areas of Kangan’s practice include Intellectual Property Rights – trade marks, copyright and designs. She has represented acclaimed companies from sectors like Fast Moving Consumer Goods (FMCG), Pharmaceuticals, Food & Beverages (F&B), Information Technology, Banking and others. 

Q. On the personal front, why did you choose to specialise in IPR?

After having wet my feet in mostly all streams of the legal profession during law school and after that, I found myself drawn towards IPR the most. 

Since something new is being penned every day, taking the world forward through innovation, protecting the innovation and the innovators’ interest is something that intrigued me — the back-end process, you know. Because of IPR relevance in today’s time specially in promotion and protection of research, innovation, and start-ups, I strongly believe that it plays an important role in any country’s economic development. 

Unlike other statutes and streams of laws that are mostly bound or specific to our country, IPR thanks to provisions of the Madrid protocol also opened doors for the Indian IP experts to provide their services not just in domestic ambit but almost to all countries world-wide. The vast international field of play was one of the main reasons I chose to specialize in it.

Having said that, and having realized that IPR not only touches the higher end of the economy but also each and every fragment of the economy, I firmly believe that India is yet to realize IP’s full potential.

Here I would like to refer to a quote by Shakespeare, which was quoted in one of the judgments and it completely changed the way I look at IPR:

“Good name in man and woman, dear my lord, Is the immediate jewel of their souls: Who steals my purse steals trash; ’tis something, nothing; ‘Twas mine, ’tis his, and has been slave to thousands: But he that filches from me my good name Robs me of that which not enriches him And makes me poor indeed.”

Q. During the COVID-19 pandemic situation, there are some essential innovations taking place across the world in the tech and medical spaces to provide much-needed relief to populations. Do you think IPR can be a hindrance to more and more people getting access to such essential products?  

Well, this is a tricky one. It’s sort of a double-edged sword. With the innovations taking place around the world in especially medical space due to COVID and the pace with which it is happening, I think that IPR while playing an important role in more than one way also acts as a hindrance in getting those innovations out in the open for the public to utilise. 

Having said that, it is extremely important that the intellectual property is protected but there are always ways to regulate it better in special circumstances such as this one. 

The protection of the Research & Development/process involved in the making of the medicine/drug one, takes time and two, increases the cost of the drug for procuring such protections. 

I believe for the pharmaceutical industry, these aspects must be taken care of by way of strategic policies and laws in the field of IP, which may help public to access the essential products faster and at a cheaper price.

Q. We are in the midst of an Artificial Intelligence boom. What are some of the challenges that AI is posing for the IP system? 

The answer can be two-fold.

One, since we see AI already taking over basic jobs from humans and us seeing software advancement every day to try to cut on human errors and taking over their roles in certain industries. I don’t see that happening in IP system anytime soon. I am sure that the registration process and filings will soon be flawlessly atomized but when it comes to expertise and advisory no form of AI can take over the human mind. We IP experts have trained ourselves to find the right method, means and form to help another human protect its creation or concept by using the prevailing law in various shapes and structure, which only a human can comprehend.

On the other hand, ironically, there is another challenge posed by Artificial Intelligence for the IP system which is to distinguish between work created by humans and work created by machines itself. The current IP framework helps humans protect their IP rights which includes patents, copyright, industrial designs, and trade secrets but does not include extension of such protection to the machines. It is therefore going to be a need for the future to device a framework for protection of work created by an Artificial Intelligence mechanism itself.

Having said that, who knows that one day I will work on protecting such a technology unknowingly that may one day take over my job, as there are no limits to innovation. Hope it does not come to that though.

Q. We recently held a webinar during which the chief speaker, Hon’ble Justice Prathiba Singh of the Delhi High Court, described copyright law as similar to “space”, saying that copyright law has no limitations and that its full potential has not been realised. In your opinion, in a nutshell, what are the further additions that can be made to the copyright laws in India and maybe in the international context too?  

Copyright law is indeed like “space” which has no limitations. Copyright subsists in a work as soon as the original work is created, which means that as soon as you type words (literary work), click the shutter on your camera or mobile phone (photography), apply paint to canvas or paper (artistic work) or lay down tracks for your next hit (musical/cinematographic work), you have acquired a copyright.  

Most people are not aware of their own rights and therefore, the works are exploited both commercially and otherwise without the knowledge of its rightful owner. It is for this reason that better enforcement laws pertaining to copyright, to protect one’s copyright should be added both in India and internationally.

Q. As a young lawyer, have you experienced any India-specific problems pertaining to IPR?

Yes, in India, there is a tremendous problem pertaining to IPR which is the lack of knowledge among people regarding their own rights to protect their Intellectual Property, which at times leads to the exploitation of their work/research and innovations. There is a substantial gap in this system. 

Though now our government is taking extensive steps in this directions and introducing multiple opportunities for start-ups and small enterprises to support them in protecting their IPR.  

Q. The pandemic has forced shopping malls to shut down and most businesses are transitioning to online models as customers seek to get everything at their doorsteps. What relevance would IPR have in this major transition of businesses?

We have seen an exponential increase in e-commerce during the COVID and is expected to increase post COVID period as well. 

I cannot say if IPR’s relevance has increased any more than it already was apart from every business whether small or big getting their IP registered, there has been an increase in the number of trade mark applications for sure but more than that  this transition in business model has had a very interesting and relevant impact on enforcement of IPR.

Specifically, territorial jurisdiction pertaining to trade mark and copyright infringement suits. With the landmark judgment delivered by the Delhi High Court in the suit titled Ultra Homes Construction Private Limited Vs. Purushottam Kumar Chaubey and Ors. (commonly referred to as “Ultra Homes Judgment”), there has been a major shift in the territorial jurisdictions in IP infringement suits.

Our judicial precedents have established that every click made by a costumer for purchase is an acceptance of a contract. Applying the said principle, each click/purchase made by any person shall give rise for an independent cause of action to the holder of trade mark or copyright, in case of any violation of their rights. This opens a pandora box of forums, having jurisdiction to entertain suits for infringements especially with the mass reach of the e-commerce industry. 

Another interesting aspect to the entire gamut of territorial justification, especially in the COVID-19 era is a shift towards digital courts from physical courts. While complete digitization of the Indian judicial system is a distant dream however, a movement in the said path has also opened a lot of other possibilities.

Q. On a personal level, how are you adapting to the changes in professional environments brought about by the pandemic and the lockdown? What do you like to do when you are not working?

On a personal level I have come to realize that as unprecedented as the times are right now, we all at some-point needed this break that the pandemic forced us to take allowing us to contemplate and review our choices on personal and professional front. Personally post the first month of complete lockdown and when things started to get back on track and work commenced, I felt more energetic, encouraged and had a new perspective on a lot of things which I would have done differently say if I did not have the contemplation time forcefully handed to me by COVID-19.

On a more professional front, we operate a paper-less office, which has been a blessing for us in the times of the pandemic and the lockdown. All our files are electronically maintained which makes accessing the records effortless and efficient. Honestly, I am amazed to see how well technology can be utilized to cater to one’s everyday functioning, when properly equipped. Having said that, adapting to the professional environmental changes has been smooth for me. 

I am a strong believer of “Necessity is the mother of invention”, and therefore, adapting to the changing times is need of the hour.

To answer the second part of your question, when I am not working, I love to go out for nature walks and I am quite passionate about photography. I try to catch up on what’s trending in terms of movies/ web series and spend as much time as I can with my loved ones and my dog Noddy, a Labrador.

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‘I strongly believe that study of a judgment is incomplete without studying the judge behind it.’ – Namit Saxena

Namit Saxena is an Advocate on Record at the Supreme Court, who secured the second position in the AOR exam. He is the revising author of The Code of Civil Procedure (Mulla) and The Code of Criminal Procedure (Ratanlal and Dheerajlal). He is an alumnus of the Dr Ram Manohar Lohiya National Law University, Lucknow.

Q. What are the practice areas that you specialise in?

While the practice areas are diverse, I work more on the criminal side. We also work on various constitutional law issues.

Q. You often write for various publications on different subjects pertaining to the laws. What are the issues of jurisprudence and legal theory that you find to be the most interesting, especially as a practicing lawyer who may come across some of them while researching?

Criminal law and constitutional law are the most attractive fields. While researching on a few issues, I have found the background of Supreme Court judges and their personal beliefs or understanding of various laws, the most interesting. For example – Justice Rohinton Nariman has had a strong fascination towards the ‘manifestly arbitrary doctrine’ which says that even parliamentary enactments can be nullified for being manifestly arbitrary. He argued this as a lawyer in McDowells case (1996). Later when he became a judge, he has used the same in multiple judgments. I strongly believe that study of a judgment is incomplete without studying the judge behind it.

Q. Have you faced any systemic problems as a lawyer? What kind of changes/improvements would you like to see in the Indian justice delivery system?

Lawyers face multiple systematic problems. These range from client handling, accepting fees, mode of accepting fees, assuring timely payment of fees, drafting and approaching the court timely, extracting useful documents from the bunch of documents clients handover to you, re-filing the case by curing defects, dealing with registry officials, getting the case timely listed, serving an advance copy (except in Supreme Court), updating the client, briefing a senior advocate if the client insists, arguments, process fees/spare copies, maintaining records and dates, follow up with the client, etc. All of these carry different problems at all levels. 

The best change would be to prescribe time limits for everything – Eg. duration for presentation of chargesheet by the investigating agencies after completion of investigation should be defined. 

Similarly, time should be fixed for each matter for hearings. Advocates waste a lot of time while waiting for matters to reach the hearing from the cause list. If all matters have fixed time for hearing, eg if it is fixed that item 47 will be taken up at 03:15pm in a court, a lot of time will be saved and can be utilized better by lawyers.

Q. You were among the top two when the AOR exam results were announced earlier this year. It’s a big achievement. What advice would you like to give to lawyers preparing for the AOR exam?

Supreme Court Rules, 2013 and relevant provisions of the Constitution should be thoroughly learnt. For Drafting paper, one must be thorough with the formats. For the examination on Leading Cases, the background and follow-up of all cases must be well known.

Q. Do you think the coronavirus-induced lockdown has been a blessing in disguise for the initiation of bringing technology into courts? Can legal technology, based on Artificial Intelligence and data analysis, in the long run, make the judicial system more efficient?

It is both a boon and a bane. For young lawyers, lockdown has made it difficult to sustain themselves. Use of technology will be better if the Courts also adapt to it. E-filing and virtual hearings have been a boon. It relaxes the travel time for lawyers. I think AI is already in use to a certain extent in the field of practice of law. It can be developed better. 

Q. How do you like to unwind when you are not working? 

I have been investing time into learning gardening. That is very relaxing.

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‘The public perception of white-collar crimes is a big challenge. Even mere allegations lead to media trials and prejudice the populace, including the legal fraternity.’ – Sonam Gupta

Sonam Gupta is Partner at Bharucha and Partners. She is also an Advocate on Record, Supreme Court. Her practice areas include Laws of Crime, Governance, Ethics and Anti-Corruption, International and Domestic Arbitration, Real Estate and Commercial Litigation.

Q. When did you decide to focus your practice on white-collar crimes? What motivated this decision?


My first internship was in an office where the practice was mostly on the criminal side and more focused on the Supreme Court with some cases at the trial court. I got to work on SLPs arising out of criminal prosecutions under different statues like the Indian Penal Code, 1860, Prevention of Corruption Act, 1988, Narcotic Drugs and Psychotropic Substances Act, 1985, Arms Act, 1959 etc. The law of crimes was my introduction to legal practice and, as a law student setting foot in the industry, there was nothing more exciting to me than the criminal side of legal practice. My decision to practice criminal law was made then and there. So much so, that I even did small courses in forensic science, forensic medicine, ballistics, etc., just out of sheer excitement and curiosity to get deeper into the field of criminal law. I used to take leaves from college to attend court hearings of matters on which I had worked during my internship days. I even ended up doing most of my internships at the same office. 

I joined the Bar after a small stint of law clerkship at the Delhi High Court. My initial years of practice were divided between the Supreme Court and the trial court. While I was drafting SLPs and assisting in the hearings, my focus was on what went amiss at trials; and thus, in trials, I focused more on the procedural and evidentiary law, and its implementation in practice. 

The 2G scam trial (a white-collar prosecution based on documentary evidence, as against SLPs arising out of offences affecting the human body) was my first full-fledged trial assignment. 

Criminal trials are indeed fascinating, requiring a lot of hard work and round the clock dedication. At the appellate stages you have to work with the case record that is handed to you, but a trial is a clean slate – an opportunity to strategize from the very inception and knit together your case. 

While focusing my practice on criminal trials was a conscious decision, the choice of white-collar crimes was gradual and driven by increasing number of white-collar crime mandates coming my way. More than me, it was the clients who led me to the decision to focus my practice on white-collar crimes. There was lot on my plate, ranging from small trials to bigger ones.

Q. What are the major challenges that lawyers usually face in cases pertaining to white collar crime and commercial litigation in India?

Most legislations under which white-collar crimes are prosecuted in India are relatively new or have undergone significant amendments lately. There are still grey areas in the interpretation of provisions, both procedural and substantive. Recently, investigating agencies have started adopting a belligerent approach and in this zeal of the investigating agencies, these grey areas come to the fore and have been highlighted. A lot of these questions of interpretation remain pending before the High Courts and the Supreme Court. And while these questions remain pending, the investigating agencies operate unimpeded in a juridical void, with personal liberty and the rule of law continuing to take hits repeatedly.

White-collar crimes and commercial litigation are closely related when it comes to statutes, industry regulations, etc. Another challenge faced by lawyers dealing in these practice areas is the need to have an in-depth knowledge of the industry and sector to which the case pertains. For instance, the coal scam trial would require the lawyer to have an in-depth knowledge of the process of how coal sector functions, mining leases are granted, etc. Similarly, any commercial dispute with respect to coal mining would require the knowledge of the state specific mining leases, relevant laws, etc. While lawyers do take out the time to go into such depth, the judiciary, which is already over-burdened with cases, is unable to dedicate sufficient time to hear each case at length and spend considerable time to appreciate its nuances. Comprehending vast knowledge in limited time is a big challenge. In this context, I believe that setting up of special courts for the 2G scam and coal scam trials is a welcome step, and so is the increasing number of arbitrations in commercial disputes.

Though there are principles in law that guide the exercise of judicial discretion, of late, we have seen a growing trend of unfettered exercise of discretion. The disregard of the guiding principles results in arbitrariness creeping into the system that prevents uniformity in application of law and in judicial decisions. Consequently, the position of law is such that there are strong precedents supporting contrary positions, while rendering the system in a state where one bench is preferred over another.

Lastly, one of the biggest challenges is the public perception of white-collar crimes. As white-collar crimes have lately become the center of public and political discourse, even mere allegation of the commission of such offences gets overenthusiastic coverage in the media and the accused end up facing media trials. This prejudices the populace, which inevitably includes even the legal fraternity. The principle of ‘bail, not jail’, is often seen to be turning on its head. Due to a lack of defined parameters for the grant of bail, judicial discretion carries immense weight, and the perception of the judge hearing the case has a heavier bearing on the outcome than the facts of that case. Not only do media trials affect all concerned in a case but also leave their impact on lawyers. We, as defense counsels often find ourselves facing moral dilemmas, while at other times our conscience, morality, and even patriotism (to say the least) are questioned by the society, including our own families, relatives, and friends from non-law backgrounds. Whenever anybody gets to know about our white-collar crimes practice, the first question, inevitably, is whether our practice focuses on the prosecution side or the defence. The expressions we often see in response to our answer are quite telling of the popular perception.

Q. What sets the white-collar practice at Bharucha & Partners apart from other law firms?

Bharucha & Partners is one of the few firms in India with a standalone Governance, Ethics, & Anti-corruption practice (which also covers our white-collar crime practice). Our clients often approach us specifically for this sensitive subject. 

We are engaged by our clients at the very inception of the case, at a time when the client is anticipating some action by an investigating agency and prior to a chargesheet being filed. We help clients provide complete information to investigators and preclude a charge being framed. Should prosecution nonetheless progress, our clients’ defence progresses on a robust foundation. 

Given that these matters are high publicity-inviting, our quick turnaround times, coupled with a high-quality output, make us a convenient point of call for our clients. We help the client navigate the complexities of investigation, which are becoming increasingly differentiated and dynamic. 

We are regularly involved in the market-leading high-stake matters and are one of the few law firms that assist in all aspects of this practice area. Our key differentiator is holistic lawyering and minimal reliance on external counsels.

Q. What has been the impact of COVID-19 on criminal procedure and law? Are there any key legislative changes? Do you believe that these changes will impact how courts, investigating authorities, and enforcement authorities approach criminal trials?

Although the pandemic has highlighted the need for the legal system to modernize and adopt technological advances, there have not been any legislative changes. The pandemic did affect the administration of justice substantially but the measures taken by the judiciary in response seem to be short-termed and based on the premise that, at some point, sooner rather than later, normal functioning will resume. Meanwhile, trials have come to a halt with no mechanisms in place for recording of evidence through audio–visual modes. The wheels of the criminal justice system, infamously, turn slow, and the pandemic has now exacerbated the delays. 

For the time being, no physical hearings are taking place, no evidence is being recorded and, even through the virtual mode, only urgent matters are being heard. The virtual court system so far seems to be unsustainable on its own as it has limited the access of the bar to the bench and has placed limitations on the way arguments are made. Additionally, lawyers and litigants who do not have access to infrastructure to attend such hearings are left with no recourse. Although the pandemic will speed up the digitization of courts, but, in my opinion, virtual hearings cannot replace but can only supplement physical hearings.

Other than the issues of accessing courts, the pandemic has also raised significant concerns about the rights of people. While the pandemic continues to spread, movement and congregation of people are either prohibited or discouraged. In the midst of all this, prisons remain overcrowded. With the growing number of people being incarcerated, it is practically impossible to enforce social distancing in prisons. Although the High-Powered Committee has taken measures to decongest prisons, the measures do not seem enough. The criteria adopted by the High-Powered Committee to grant emergency paroles or interim bails was based on the gravity of the offence committed by the inmate as opposed to the medical exigencies or specifications of an inmate.

Undertrial prisoners who do not fall under the criteria laid down by the High Powered Committee can still attempt to seek bail from the court on the merits of their own case; but such attempts are usually met by the standard ‘investigation is ongoing’ response from the investigating agencies. Although investigating agencies have been operating throughout the pandemic and have even been filing charge sheets, they have not shied away from using the pandemic as a shield for lack of progress in an investigation. Consequently, bail continues to be denied on the ground that investigation is in process.

It is strange that while the High-Powered Committee has been expanding the criteria to decongest prisons, the investigation agencies have continued to make arrests during the pandemic on grounds of lack of cooperation. In fact, during the unlocking period, there was a sudden spurt of summons for personal appearances before the agencies while travel restrictions were still in place.

Q. In your opinion, is negligent spreading of COVID-19 a crime under Indian law? What are the laws that lay down obligations of citizens to prevent the spread of COVID-19? What are the repercussions in cases of non-conformity?

Negligent spreading of COVID-19 should and is a crime under the Indian Law. Governments, at both the central and the state level, have taken various measures throughout this pandemic to ensure that the spread of COVID-19 is controlled, and the curve is flattened. To enforce these measures, governments have invoked provisions of the Disaster Management Act, 2005, the Epidemic Diseases Act, 1897, and the Code of Criminal Procedure, 1973. Such measures have been of a varied nature ranging from placing restrictions on people’s movement to avoiding congregations. 

The orders of the above nature are invariably promulgated by public servants and disobedience of such orders can expose a person to prosecution under Section 188 of the Indian Penal Code. Given the capacity of this virus to spread and the seriousness of the disease, such disobedience leads to a danger to human life, health, and safety, which can be punished by imprisonment of up to 6 months. For similar orders promulgated under the Disaster Management Act, as the stakes are higher, so is the punishment. If the refusal to comply with an order under the Disaster Management Act leads to loss of lives or risk thereof, it is punishable by imprisonment of up to 2 years. 

It is not just the disobedience of such orders that may lead to prosecution, but even without any such orders in place and even without the violation of such orders, if an act has been committed which is likely to spread the infection of a disease that is dangerous to life, it can be punished under Sections 269 and 270 of the Indian Penal Code. While Section 269 applies to negligent acts, Section 270 is applicable to malignant acts; for which reason imprisonment under Section 269 is subject to an upper limit of 6 months while for Section 270 it is 2 years.

With the penal provisions being what they are, individual realization of civic responsibilities is the only way to check further spread of the infection. 

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‘When it comes to arbitration practice, there is a cultural difference in each jurisdiction. India has a long way to go but there is a movement in the right direction.’ – Hussain Somji

Attached to the Chambers of Ketan D. Parikh (Senior Advocate), Hussain Somji is an Advocate with experience and focus on Dispute Resolution and practices as Counsel in civil and commercial dispute cases. He also accepts appointments as Arbitrator and Mediator.

Currently, he is enrolled for the Executive LLM from the London School of Economics and Political Science (LSE). He already holds an LLM (Arbitration and Dispute Resolution) from the University of Hong Kong (HKU).

He is admitted as a Fellow and as Faculty with the Chartered Institute of Arbitrators (CIArb) and has undergone formal 40 hours training in Mediation from the Accord Group in Australia.

He was a Member of the First Young MCIA Steering Committee, is a Core Committee Member of the Young Members Group (YMG) with the CIArb India Branch and a Founder Member of the Association of Mediation Practitioners (AMP) in Mumbai, India.

Q. As a Counsel at the Chambers of Ketan D. Parikh (Senior Advocate), what are your practice areas, and could you talk about some interesting or noteworthy cases that you have worked on?

Following the chamber tradition, my practice area is civil and commercial disputes with focus on arbitration as a procedural mechanism to resolve those disputes. I am instructed by law firms / independent advocates to appear as counsel in arbitration proceedings. In addition, I accept appointments as arbitrator and as mediator.

The second part of the question would be difficult to answer considering that I must maintain attorney-client privilege. Be that as it may, some of my recent cases involve disputes arising from joint venture in the telecommunications industry, development agreements in the real estate sector, partnership disputes, disputes arising from works / services contracts issued by public sector / government bodies and disputes in the construction industry with contractor(s), sub-contractor(s) and similar.

Q. You are a Faculty with the Chartered Institute of Arbitrators (CIArb). Could you tell us more about this Institute and how could one become a member of CIArb?

CIArb, headquartered in London, is one of the oldest and most reputable body engaged in the training and accreditation of arbitrators. They have branches all over the world and those holding membership with CIArb are part of various professions and industries. Recently, they have introduced mediation courses and accreditation pathways. For more details, one could visit ‘https://www.ciarb.org/’.

In India, there is an active CIArb India Branch with some of the most prominent arbitration practitioners on its Board of Directors. There is also a CIArb YMG Group (of which, I am a part) in India that spreads awareness about the body as also its courses amongst students, practitioners and all those interested below the age of 40 years in its training and accreditation courses.

The website above contains the details of how one can be associated with the CIArb and its course pathways. If anyone is interested in connecting with the India Branch to learn about its courses and accreditation pathways, they could write to me and I would be happy to pass on that inquiry to the concerned officials.

I would also like to add that in my experience of academia thus far, CIArb course content and training pathways are of highest quality. I can say this because not only have I attended and completed the pathway in arbitration till the ‘Fellowship’ level, but also lecture for CIArb courses (when called upon to do so) conducted in India as ‘Faculty’.

Q. What do you have to say about the Arbitration mechanism in India and its comparisons to countries like Singapore, London, etc.?

This question has many aspects and it would only be fair to say that one would need to dedicate an entire book on it. In recent years, with support from the Judiciary and the Government(s) (both Central and States), there has been a push for resorting to arbitration (and mediation) as dispute resolution mechanisms, atleast in civil and commercial disputes that are arbitrable. As a result, keen interest has been shown by disputes practitioners towards arbitration including the academic / educational institutions resulting in continuous improvement and adoption of best practices followed around the world.

When it comes to domestic arbitrations, there is diversity in the practices followed in different parts of the Country as also within a State / City. The reason being that the culture of arbitration practice develops over a period with the procedure and guiding principles followed by arbitrators in that region. Whilst I am aware of enormous criticism of delays / expense involved in domestic arbitrations, my experience has been completely different. The 2015 amendments to arbitration law were criticized because timelines were introduced for the first time and was perceived as an interference in party autonomy and an additional procedural burden. However, many will agree that it has had the effect of making arbitrators conscious about timelines and that frequent extensions from Courts will not reflect well upon the arbitration tribunal and its members. There is constant improvement with non-judge arbitrators now being appointed by the courts. However, to steers domestic arbitration culture in the right direction, what is needed is a shift in the mindset of disputes practitioners and remain committed to the schedule and timelines laid down by the statute as also the arbitral tribunal / institutions. Arbitrations administered by arbitral institutions is a rather recent phenomenon that is still in its early stages of adoption by parties in India. Institutions like the Mumbai Centre for International Arbitration (MCIA) are doing remarkable work in this area and are receiving recognition around the world. Even educational institutions in India are now taking keen interest and focusing on developing academia in this branch of law.

International Arbitrations seated in India or involving Indian Parties have the benefit of international best practices available for it to be adopted because of foreign elements already involved in such proceedings. The culture itself is quite different forcing parties to behave and act in a particular way. Complaints of delay / expenses is relatively less than domestic arbitrations.

When it comes to arbitration law and practice, every country has its own characteristics that define the success of the practice of arbitration in that region. All popular international arbitrations seats such as London, Paris, Singapore, Hong Kong, Stockholm etc have not only had a head start in terms of support from the Judiciary, the Government, Educational Institutions, Lawyers, Parties and other actors involved but also on account of volume of international trade, infrastructure, geographical location and an established legal industry in that region making it a popular choice for parties. It is difficult to compare jurisdictions such as India with the rest of the world because it is not only unfair but also that there is a cultural difference in each jurisdiction. Be that as it may, it would be wrong on my part if I didn’t point out that there is a long way to go for India when it comes to arbitration practice and though there is movement in the right direction, we can only hope that all actors involved in the process adhere to the professional standards and ethics needed to help resolve disputes using the arbitral mechanism.

Q. You hold an LLM (Arbitration and Dispute Resolution) from the University of Hong Kong and have enrolled for the Executive LLM from the London School of Economics and Political Science. From the legal education point of view, what do you think is the difference between reading law abroad and in India?

Funding of educational institutions in India is a big concern. If the educational institutions are not adequately funded, they cannot deploy more resources to conduct research in areas that demand it, and which ultimately results in a stagnant branch of law only dependent upon judges and precedents. This makes dependent on journals / commentaries written by foreign authors. If educational institutions are not considered to be an important part of the entire eco system for improving the making as also enforcement of law, improvement will stop. This is one of the most important differences in education in India as opposed to outside of India. Change is seen lately but there is an urgent need to involve educational institutions and leading academicians in major policy decision making process. It will not only aid the judicial function but also have a positive impact on every industry / society that is dependent on the judicial system for its efficient functioning.

From a learning standpoint, one of the major differences (based on my experience alone) was that there is little emphasis on classroom training but more emphasis on independent research and creative thinking. There is also a lot of flexibility in terms of how the assessment for each course / subject is done. For instance, for each course during my LLM at HKU, there was a different mode of assessment ranging from an essay of 8000 words to an 8-hour open book exam to in-class handwritten 4-hour exam to role play assessments and so on. There are also opportunities for students to apply for and accept (if offered), paid engagements with Professors and assist / aid in research projects involving contribution to academic journals. We may have the required infrastructure, but we lack in providing students with access to international databases and law journals. Another thing noticed is that the targeted audience is not just students but also practitioners and an attempt is also made to bring together a mix of the two so that learning by sharing becomes a reality. There is also focus on diversity in the classroom that attracts students with varied experiences and practices which adds to the overall learning experience.

Since I have only read law abroad during my masters, I would not be competent to comment on the difference between reading law as an undergraduate in India and outside of India.

Q. Due to this pandemic and the consequent lockdown, the Courts in India have been functioning through video conferencing. Do you think that technology in the long run could make the judicial system more dynamic and readily approachable?

Since my practice requires me to attend courts very sparingly, from what I have learnt, the experience of attending Courts through video conferencing has been pleasant and more systematic.

With the success of deployment of technology in every industry, it can hardly be said that its deployment to aid judicial functions in Courts in India will prove otherwise. However, with the diversity in experience and exposure levels of Parties and especially Advocates to using technology, some investment in infrastructure within Courts and in training would become essential if one were to reap its advantages in the long run.

I am confident that with deployment of technology and adequate training, not only will the Courts become approachable for parties but also that it would make disposal rates quicker thereby reducing overall costs. 

Q. According to you, what does the future hold for Online Dispute Resolution?

There is often confusion between what this term ‘ODR’ means. Is it the traditional dispute resolution mechanism adopting electronic modes of communication or resolving disputes entirely in an online environment where the role of technology is more than just facilitating communication. In my view, it ought to be the latter.

Whilst the former was always a possibility considering that video conferencing technology and similar was always available, it has become more prominent and widely used during the present pandemic.

In so far as technology facilitated dispute resolution mechanism is concerned, it is still early days to predict its future in any part of the world. This is because unlike the traditional mechanism where there still exists human involvement and judgment in resolving disputes, the latter would entail relying upon technology to predict / suggest outcomes. Whilst AI technology has been received positively by law firms around the world, when it comes to disputes, only time will tell how researchers around the world develop this further. 

Q. What do you like to do in your free time?

Playing with our 17-month-old son, reading books (not related to law), listening to music and time permitting, gaming.

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“Indian courts have started showing favourable approach to enforcement of foreign awards. Homegrown arbitral institutions are making the arbitration system here more robust. The future of arbitration in India looks bright.” – Vijay Purohit

An Associate Partner at P&A Law Offices (Mumbai), Vijay Purohit is a Dispute Resolution Lawyer with around 11 years of experience. Vijay’s practice areas include contractual and commercial disputes, civil litigation, insolvency & bankruptcy and white-collar crimes. He has represented clients from India and overseas, as well as Public Sector Undertaking (PSUs) in a wide range of disputes in the oil & gas, energy and power sectors. Vijay has conducted domestic & international commercial arbitrations (both ad-hoc and institutional). He is a member of the Chartered Institute of Arbitrators (CIArb).

Q. Could you tell us about P & A Law Offices and the firm’s key practice areas?

P&A Law Offices assists and advises clients in India and internationally on a wide range of corporate commercial transactions as well as on dispute resolution matters. The industry areas where the firm has advised and appeared for clients include power, infrastructure & mining, healthcare, pharmaceuticals & chemicals, TMT & IT, Real Estate, Consumer Goods & Services, E-Commerce. The firm has a robust dispute resolution practice and the team has been a part of notable commercial arbitrations and investment treaty arbitrations. The dispute resolution team has also been a part of some landmark judgments in the domain of insolvency and bankruptcy. 

Q. What do you have to say about the Arbitration mechanism in India and its comparisons to countries like Singapore, London, etc.? 

With the 2015 (and certain subsequent) amendments, significant steps have been taken to make India an arbitration friendly seat. While there is still room for improvement in order to match or come at par with the arbitration regimes in the jurisdictions you have mentioned, a lot is being done by all the stake holders i.e. the government, judiciary, arbitration practitioners and importantly, businesses to make arbitration a desired mode of dispute resolution in India. 

Take for instance, the issue of enforcement of a foreign award in India. The recent trends have shown a pro-enforcement approach by the courts, including the Supreme Court. Similarly, the approach of courts as far as interference in arbitration proceedings is concerned, is becoming minimalistic. We have seen homegrown arbitral institutions (such as MCIA) coming up in India to make the arbitration ecosystem more robust. So yes, the future looks bright. 

Q. Do you think AI and machine learning can enhance the legal industry?

Innovation and technology are good for any industry, if productivity and the quality of deliverables are enhanced. AI can act as a support to the legal industry, particularly with respect to legal research. It can reduce the time spent by lawyers in doing research manually. Lawyers can in turn spend the time thus saved by using AI in activities which require focused attention and deliberations. 

Q. The outbreak of Covid-19 has forced Indian courts to go online. Do you think this virtual/digital system of courts can become an integral part of the judiciary?

Definitely. While I think that it is not possible to do away with physical hearings completely, the system of virtual hearings can certainly act as an aid in hearing matters which do not require adducing of evidence. For example, first appeals or second appeals where the courts have to rely on the existing record and oral hearings, can be heard through video conferencing. We have seen courts even hear final arguments through virtual hearings during the pandemic. Likewise, a lot of arbitrations are taking place through virtual media. 

While there are a lot of positives from this, factors such as internet connectivity/access to internet, remoteness of a location, training the staff as well as lawyers (particularly in Tier-II and Tier-III cities) are also required to be considered before virtual hearings become a norm. Once these issues are addressed, virtual hearings can surely be a value addition to our justice delivery system.

Q. You have been practicing for over a decade now. What has been your biggest takeaway from this profession? 

The journey (which is now a little over 11 years) has been an enriching one. As it is in every profession, the formative years are very important. In that sense, my initial years in the legal profession were full of learning. I have been, and continue to be, mentored by some great seniors. In this profession, you deal with people from diverse sectors and businesses. You learn about these businesses (some of which are very technical) and business models. As a lawyer, you are (and ought to be) always aware of the social, economical and political developments as these developments in some way or the other coincide with the legal profession. Therefore, it is also very important to develop a reading habit as a lawyer. These are some of my takeaways thus far. 

Q. During your college days, you participated in a lot of moot court competitions. In fact, in 2009, you were a Coach for the Philip C. Jessup International Moot Court Competition (Indian regional Round). How important do you think is mooting for law students? Also, if you could share some tips for acing the art of mooting, that could be beneficial for students. 

Mooting is an extremely helpful activity in developing research, articulation and oratory skills. It also helps in developing/improving analytical and problem-solving skills. To be good at it, one needs to carefully dissect a moot problem and identify the research points; strategically divide the research point amongst team members and finally, identify the relevant material to be put in a memorial. As for the oratory skills required for mooting are concerned, one can improve gradually by taking part in moot court competitions regularly. Having said which, it is equally important to focus on your academics and other activities such as writing research papers, paper presentations, internships etc.  

Q. What skills have you found vital to become a successful lawyer?

It is very difficult to put these skills in a straight-jacketed formula because as a lawyer the learning never stops, and one learns daily. However, to answer your question, and based on my observation of those who have made a mark in this field: 

(a) It is very important to develop a reading habit [right from the law school days], as I said at the outset. 

(b) While one must do as much hands-on work as one can, it is important to be a team player. 

(c) Keeping one’s self updated about one’s practice domain is a must. 

(d) Understanding a client’s requirements and suggesting the best legal strategy to meet such requirements is an important skill, which one develops over a period of time. 

(e) Lastly, one needs to be extremely patient in challenging situations as this is a very intense profession. 

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‘The police has myriad problems while investigating cases, in terms of collection of evidences and presenting them before the courts. The laws don’t pose problems, the situation does.’ — Dr. Amar Pandey, IPS

Dr. Amar Kumar Pandey, is an IPS officer and Additional Director General of Police (Law and Order), Karnataka. He has a PhD from the National Law School of India University (NLSIU), Bangalore, in refugee studies. 

In Bosnia and Herzegovina, Dr. Pandey has served as Human Rights Officer in Banja Luka and as Human Rights Coordinator in Doboj region as a peacekeeper in the United Nations Mission. In Sierra Leone, he has served as Police Monitor in Makeni and as Police Advisor to the National Police in Freetown in the United Nations Mission. 

Dr. Pandey has been awarded the Police Medal for Gallantry by the Government of India, and decorated with the President of India Medal for Distinguished Service and the President of India Medal for Meritorious Service. He has been awarded the Medals of Service for International Peacekeeping Service in the conflict zones of Bosnia Herzegovina and Sierra Leone by the United Nations. He is the recipient of the prestigious Zachman Award in the field of Enterprise Architecture. 

Q. What are the problems that the police force is facing, in Karnataka specifically or generally pan-India, in dealing with the law and order situation during the Covid-19 pandemic?

The pandemic is universal and hasn’t spared the policemen or the medical fraternity. Both the entities were the first line of public defence which encountered  the gradual onslaught of Covid-19. Across the country, more policemen have laid down their lives, going beyond the call of duty braving the pandemic than in any ‘Law and Order’ or ‘insurgency’ problems. Policemen have proven to be the true saviours as the last sentinel against the deadly virus. 

The pandemic came to the country in waves – first came the foreigners from some of the affected countries and spread the virus absolutely unknowingly. The next wave happened with Tablighi Jamaat Markaz where a few infected persons from abroad also participated and it spread to local members of the Jamaat. The third wave happened with large scale migration of ‘shramic’ to different parts of the country which made the traceability impossible . 

The policemen were in the forefront in all the management issues of the three waves of spread of the virus. Police traced the foreigners, Tablighi Jamaat members spread across the country and ensured food, shelter and safe movement of ‘shramic’ across the nation . 

The duties at public places, arranging safe passage of essential commodities across the country while ensuring effective lockdown over a long period posed unthinkable problems to police which were overcome with unprecedented unity, commitment, dedication, superb coordination across the different states and manning the inter-state and inter-district check posts effectively . 

The police rose to the unimaginable challenges with zeal, enthusiasm and sincerity never experienced by the nation before and which brought tears to the eyes of sensitive people. The Indian Police reflected the true meaning of unity and integrity before the country. 

Q. You headed the team that recently got underworld don Ravi Pujari extradited from Senegal. Were there any problems in terms of international law that you faced in achieving this feat?  

Ravi Pujari is the country’s most feared underworld don absconding since 1994 after committing numerous murders in Mumbai, Karnataka, Gujarat, Kerala and other parts of the country. There are over 200 cases against him ranging from murders, attempts to murder, extortions and Arms Act cases. He was with Dawood Ibrahim Kaskar for ten years as a key gangster and separated with him over the Mumbai Blast of 1993. Chota Rajan (now in jail) another dreaded gangster made a deadly underworld company with Ravi Pujari. Together the duo eliminated a dozen key operatives of Dawood Ibrahim Kaskar or the D – Company. Dawood has escaped to Dubai and is now said to be hiding there in the protection of governmental elements of enemy nations.

Ravi Pujari left Chota Rajan over a serious misunderstanding and went with a dreaded toughie Guru Satam and formed his own company of gangsters with hardcore and lethal sharpshooters. He bent entire Bollywood to its knees. The businessmen, politicians and professionals including lawyers did not escape his ire. He got everything done in India what he wanted while sitting abroad. 

For the last 24 years all were gunning for him – India’s agencies, Dawood gangs and Chota Rajan gangs besides police forces of Maharastra, Mumbai, Karnataka, Delhi, Gujarat, Kerala and other states. In fact, hundreds of cases were closed as untraceable against him . 

In this background one has to understand the international effort made by me singlehandedly. The ‘singlehand’ sobriquet was given to me by DGP Karnataka  after the successful arrest of Ravi Pujari in Senegal.  

There was absolute understanding between the two countries – the requesting country India and requested country Senegal. The two countries don’t have any extradition treaty which was an issue in the beginning. But we made a request under the bilateral treaty under the Treaty on Prevention of Organised Crime  (UNTOC) Art. 16 which was agreed upon immediately. Besides, we made a request based on ‘principal of reciprocity’ in good faith which Senegal Government consented to as an international gesture between friendly countries. 

The gangster Ravi Pujari also got to exercise his full legal rights through the various courts by hiring the most expensive lawyer in Senegal. He fought for his rights not to be extradited in the Supreme Court of Senegal which finally rejected his request on February 19 this year on the grounds of agreement between sovereigns and sufficiency of evidence submitted before the honourable Supreme Court of Senegal with all due processes complied with. 

In fact, in case of extradition of another gangster Abu Salem from Portugal, due to certain procedural lapses the extradition request was first rejected and the government of India had to explore several alternative mechanisms to finally extradite him. 

However, with my personal observance and appropriate support from National Crime Bureau (NCB) India, Ministry of Home Affairs and Ministry of External Affairs for all procedures being complied in time, the dreaded don Ravi Pujari got extradited without any trouble which is a matter of national pride and personal satisfaction for me.

Q. Your book ‘The Architecture of Return in Civil War’ provides a very detailed analysis of the return of refugees in post-civil war situations, with special references to Bosnia Herzegovina and Sierra Leone. Your PhD thesis was on refugee law. What makes you so interested in the issue of refugees?

I was deputed by the Government of India as part of the Peace Keeping Operations to Bosnia – Herzegovina (1998-99) and to Sierra Leone ( 2004-05). I was part of the International Peacekeepers as United Nations Civil Police ( CIVPOL). In Bosnia I headed the Doboj Region Human Rights unit as the Regional Coordinator and in Sierra Leone I served as the Advisor to the Sierra Leone Police. 

I extensively toured the two war ravaged countries where the people had fled during the civil wars and were returning to the countries after the peace agreements had made provisions for return. 

I directly addressed the problems of refugee return in Bosnia starting from the moment intent of return was expressed by the refugees through physical appearance in my office or by letters written until the refugees settled on the property which belonged to them before the civil war. 

I have personally dealt with the entire gamut of issues connected with the return of refugees in Bosnia and it changed me a great deal to personally experience the hardships of refugees. 

In Sierra Leone, though I did not directly deal with the subject of return but due to my interest in the issue from my Bosnia experience, I visited refugee camps and interacted with refugees who were staying in camps during civil wars and those returning from returning countries, as the UN peacekeeping monitor in Makeni and other parts of the country. 

The experiences in both the countries motivated me to acquire better knowledge and understanding of the issues of the refugees’ return and I enrolled for a Ph D programme at the National Law School of India University, Bangalore under Prof. Vijayakumar, UNHCR Chair at the university, on the thesis of refugees’ return . 

Q. You have received the prestigious John Zachman Award for Enterprise Architecture. How important is enterprise architecture in aiding the police in doing its job more smoothly and should there be training for officers on this subject?

The Zachman Framework of Enterprise Architecture was developed by leading philosopher John Zachman in the 1950s. This is a very important framework taught, discussed, debated and commented upon in all leading universities to the students of Computer Science, Information Technology and Industrial Management . 

Zachman Framework is a very complex framework which deals with the complexities of millions of variables which interact with each other sequentially and simultaneously to decide the destiny of an enterprise’s creation, sustainability, continuity and longevity. 

Most fortune listed and billion dollars businesses and industries have been making best efforts to comprehend the Zachman Framework and to adopt it in their functioning to ensure longevity of their enterprises. But many have given up on the framework due to lack of comprehension and inability to integrate the variable in their own enterprises. There have been questions raised regarding the existence of an all encompassing framework to explain the enterprise anatomy and its criticality and functionality. Many find the framework to be an utopia . 

However, I have been a student of the framework since 2009. I always felt enormously awed by the imagination of a master crafter of the framework who could think of venturing into the area of integrating millions of variables of an enterprise. 

The sheer audacity of thinking of a framework is akin to the ancient astrophysicist who would have said that there are billions and billions of galaxies in the universe. The truth is out now and we all believe it today as proven through our scientific research and findings. 

I am a policeman. I feel naturally attracted to look for discovery of a fact through experimentation with vague suspicions or hypothesis. I began to validate with existing facts of investigation of crime and its superimposition with the Zachman Framework. I surprisingly found that the framework holds good specially with limited and controlled experimentations. Gradually I expanded the variables in the framework and found it to be still valid. 

Hence, while doing my PhD I wished to validate the framework in the refugees’ return matrix. I found it works and provides a definite mechanism, schema and framework which can be worked upon by the planners and policy makers to save time and costs, to optimise the effectiveness of the goal, i.e. refugees’ return. 

I feel it is a beautiful framework, unparalleled and the only one available to comprehend extreme complexities and unravel the mystery of system of systems. I feel the need to make Zachman Framework a part of more elaborate curriculum for future generations that would help the students and future citizens and academicians of the country think, plan and execute in a better manner . 

Q. The police has to intrinsically deal with the judiciary and the laws on a regular basis. What are the systemic problems that cops usually face in dealing with the laws — in their investigations, filing FIRs, reports or chargesheets, etc. — and how can they be fixed?

The Police and the Judiciary are part of the country’s Criminal Justice system. The end goal or maxim of both the institutions are the same ‘ aut punier aut dedere ‘ – offender must be punished  . 

The police has myriad problems while investigating the cases in terms of collection of evidences and present before the courts. The laws don’t pose problems, the situation does, in the sense of the enormity of cases, volume of cases, technological issues and shortage of staff and so on, do create problems for police.

The  police actually needs more technology, better integrations of data, highly trained experts to support investigations and uniform formatting of flow of information. The Zachman Framework can be a very useful framework to reorganise situations in this area to make a better policing infrastructure. 

Q. Do you think that police personnel lack training in dealing with collection of forensic evidences during investigations?

Forensic training is an integral part of police training. The collection of physical evidence is not such a problem. But when it comes to cyber forensics, financial forensics, material forensics and such other very specialised criminal pattern then the police feels the inadequacies. In fact, a more holistic and integrated training in all aspects of forensics is the need of the hour. 

Q. Last month your Personal Assistant had tested positive for coronavirus following which you and your family had to go into quarantine. Thankfully you and everyone in your family tested negative for Covid. You’re an officer with immense responsibilities but ultimately you’re human. What kind of emotions or apprehensions did you have when you underwent the test?

Yes. It is a fact. My PA had no symptoms except the fever and backache. She informed me and went for a check up. The test results came as positive and being a primary contact I quarantined myself and my family too as a precaution. She recovered well. I was worried for a while for my family and my own self. It was also being covered in the media which had huge impact on the mind as being something too terrible, which it is actually for some unfortunate people who are not amidst us today. However I exhibited no sign of internal turmoil lest it disturbs the family and friends. I and my family went for the test separately and fortunately it turned out to be negative for us. Gratefully, it has gone off well so far.

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