Axesslegalcorp

January 2012: It's Winter

2012-01-06T08:56:00.000-08:00

Winter has hit Delhi, NCR and now it's becoming colder by the day. This evening, there were light thunderstorms too. Watched it fall with a cup of steaming coffee in my hands.My thoughts took me to a passage that I had read long time ago (written by Andrew Wyeth) but felt apt now:

"I prefer winter and fall, when you feel the bone structure of the landscape -
the loneliness of it - the dead feeling of winter. Something waits beneath it,
the whole story doesn't show."

What's your favorite season of the year?

Happy 2012

2012-01-03T08:13:00.000-08:00

Wishing you all a very happy, prosperous and successful year in 2012!

Delhi High Court blast: Why I disagree with the Media's Blame Game

2011-09-07T11:03:00.000-07:00

At 10.15 am today, Delhi High Court blast took place. This morning, I had dropped my wife at her office, reached Chamber 148, Delhi High Court at about 9.30 am and had settled in to work when I heard a deafening sound. It seemed like the High Court building was shaking for just that second. It was several minutes later, we understood it was a high intensive bomb that had killed 12 people and badly injured over 62 others.

Being there right then gives me a different perspective as compared to the media reports of the same. There seemed to be a kind of feeling generated by all media reports that I want to approach differently. So, here are the main points on which I disagree with the media reports on the Delhi blast.

Security Lapse sensationalized
I am not rationalizing the obvious security lapses but I don't believe the media is showing a balanced approach in their coverage. They are not informing, they are sensationalizing. The blast happened at the gate, not inside the High Court. There's a huge difference between the two. Is any media or expert taking the trouble to explain what the difference in terms of impact is?

Stop blaming the Delhi Police for everything that goes wrong
Today, within ten minutes of the blast, the Delhi Police were fully in charge and in control of the situation at the Delhi High Court in the context of crisis management and relief efforts. In the capital city, let's not forget that the responsibility of the Delhi Police extends not just to strategic places but to a greater acreage spanning roads, metros, bus stops, railway stations, so much more etc. Even when VVIPs turn up at these places, these are the real heroes who have to face public fury, handle security of the VVIPs, the safety of the people and even those who are in the process of seeking relief from some form of injury.

From what I saw today, I'd say "Hats off to Delhi Police. They did their best and moved very quickly, not losing time. I'd say they were nimble and responsible. They were working relentlessly to save lives and clean up the terrible, shocking incident that took lives and injured many. They didn't buckle under pressure nor did they lose precious time."

Igniting Public Anger
The saddest thing about the way Indian media is reporting events today is that everything is totally blown out of proportion. As a result, public anger is fuelled at sensitive events like this. Showing clippings that are provacative again and again - what purpose does it serve?

Igniting the anger of the people and pitching them against the govt in power is not a responsible methodology for any form of reporting. This is exactly what the terrorists want to see, it is a trap to avoid.

Even two hours after the incident, there were constant reports in visual media that no one has been found responsible and no progress has been made. How fair is that? The media wants a culprit in two hours after the incident?

Yes, it is a democracy but in a national crisis, all need to be aware that those who are the perpertrators are watching everything via the media. When you have headlines like 'terror wins,' it is a win for the perpetrators. They are getting the results they want when public anger is ignited and chaos is shown.

A more meaningful role can be played by the media in crises like this.

Delhi High Court Functioned From Afternoon
I didn't see much visual or media coverage for one important update following the Delhi blast today: there was no mention of the fact that lawyers and judges resumed work and continued as they normally do after afternoon. The reason to do so is to show that nothing can break the spirit of the judiciary and that the process of law will continue to be delivered and administered without fail. That in itself is a proud, nationalist move - a real answer to those who perpetrated this heinous attack of terrorism.

We the People must stand united
Instead of comparing with UK's security or US security procedures on a day when people of the country are shocked and in anger about what happened, the media could have highlighted positive initiatives such as efforts that were taken proactively by SC and HC lawyers to rush the injured, the extra hours and committment of the medical staff and doctors who were working tirelessly....why isn't the media interested in that? Because it doesn't incite anger. Anger raises TRPs.

There are many days and hours after this when public temper will cool and a more objective debate can be taken up. But at least for the sake of national propriety, the media should exercise some judicious restraint and not provoke the people during a national crisis or emergency.

Last but not the least, my heartfelt thanks to all my relatives, friends, colleagues and clients who were so shaken and worried about my safety today. For the first time, I experienced considerable warmth from Twitter too where I am not very active but still I received many tweets even from people I didn't know, asking me if I am fine.

That tells me one thing - if we stand together and for each other, we can always beat the nation's enemies.

Hindu Law on Gift to God

2011-07-31T06:52:00.000-07:00

There's been so much talk about laws on 'gifts' relating to God.

In Venkatalingam case, AIR 1927 Mad 636, it has been held by the Full Bench that dedication of property to God by a Hindu does not require any document and that property can be validly dedicated without any registered instrument.

The argument is that an idol in law is recognized as a juristic person capable of holding property. Also, a gift that is given to an idol is legally held as a gift to a living person.

Travelers demand more from Mobile Technology, Airlines should Monetise

2011-06-26T07:42:00.000-07:00

About five billion people reportedly carry some kind of a mobile device. There's even talk of 'Mobile Wallets' becoming a real convenience for travelers in the coming years. This throws up some interesting possibilities for the airlines industry, considering the tremendous scope for airlines to monetise and leverage mobile technology to upsell and facilitate incremental sales. I am not an expert on mobile technology but I am keen to see how leveraging it will transform airline operations and bring with it several legal implications as well.

An interesting prediction that has sparked off a debate, following an industry report that was published by Amadeus. This is coming from a travel technology partner & transaction processor of the global tourism industry. The global report is titled, ‘The always-connected traveller: How mobile will transform the future of air travel.’ The report says that emerging mobile innovations with advanced features and functionality will entirely transform a traveler's journey in a span of three to five years.

What would be the kind of mobile technology offerings that would appeal to you if it was offered by the airlines? Would any deficiency prompt you to take legal recourse or settle it amicably?

What are your thoughts on this?

Indian Law Proposed: Free Access to Individual's Sensitive Information

2011-05-09T22:03:00.000-07:00

When amendments are passed, we expect a change for the better, an opportunity to improve something that earlier caused a discord in the smooth running of the system of justice.

This year in India, new rules are being framed under the IT Amendment Act that has come under considerable criticism. Here's why:

1. It will enable the government to obtain sensitive and personal information about individuals from the companies they work for or are associated with, without the concerned person's consent and without any warrant as such.

2. Information includes a person's passwords, financial information such as bank accounts; medical records, sexual orientation and biometric information. The information will be kept confidential from third parties.

Think about it. We all store a lot of our most vital and personal information online. The biggest danger is the most obvious one, particularly if there are no legislative provisions or in-built checks to protect the individual's privacy and dignity.

What do you think? How do you believe this rule, if passed, can pose risk/offer benefit to the nation at large?

Inspired by The Alchemist

2011-04-19T23:03:00.000-07:00

I am not a voracious reader. If asked, I'd say there are about three or four books that I really enjoyed reading from start to finish. That's it. The rest, I've never been inclined to read.

But Paulo Coelho's book, The Alchemist, is a book that inspired me many years ago. A lot of die-hard readers say that he has not said anything new and that what he has said was said centuries ago by Rishis and wiser persons. Since I have not read what they wrote, The Alchemist continues to inspire.

There is a conversation in particular that has always inspired me. It goes like this:

"Everyone on earth has a treasure that awaits him. We, people's hearts, seldom say much about those treasures, because people no longer want to go in search of them. We speak them only to children. Later, we simply let life proceed in its own direction, towards its own fate...What you need to know is that before a dream is realized, the Soul of the World tests everything that was learned along the way. It does this no because it is evil, but so that we can, in addition to realizing our dreams, master the lessons we've learned as we've moved toward that dream. That's the point at which most people give up. It's the point at which, as we say in the language of the desert, 'one dies of thirst just when the palm trees have appeared on the horizon.'"

Another favorite -

"...a grain of sand is a moment in creation, and the universe has taken millions of years to create it."

Whenever I read these words or paragraphs from this book The Alchemist, it propels me to move forward and reach out to make my dreams come true, because as the book propagates, the whole spirit of the Universe can make it happen.

Thanks for the Versatile Blogger Award

2011-04-18T04:11:00.000-07:00

For this Award, my thanks go to Stranger for the encouragement that's been extended to me. Thanks, friend.

Well, now as required on accepting this award, I will list seven facts about myself even though it may be of no factual relevance as such.

1. Axess Legal Corp transformed my life. Rajeev and I first conceptualized it based on a fundamental belief of being good in an industry that is criticized largely and attributed to suffer serious trust deficit. It was just the first step towards creating trust and it worked well for us, thanks to God.

2. I am a very private person but I have a small circle of friends that I trust 100%. I don't like advice. I dislike relationships and conversations that are superficial or deceptive. The same works on my blog too. It's not easy for me to trust or like some one out of the blue and I prefer this to be so, though its somewhat a disadvantage of sorts.

3. I work hard but I am not totally satisfied, I think I would like to work a lot more and be much harder on myself.

4. There are many things I can't stand. Here are some: fanaticism, hypocrisy, lies, boasting, showing an "I know everything" attitude, freaky behavior at work, etc.

5. Seeing my parents happy and safeguarding my client's interest with total dedication and sincerity- these two things are of utmost importance to my own happiness.

6. The most important occasions and developments in my life have almost always happened on a Thursday.

7. I am most tempted to give this Award to my favorite blogger and friend, R Ramesh, whose blog is a must-visit but I think he's got so many of these awards that it would be more like a burden on his light shoulders. My request is - keep blogging the funny lines, keep us smiling.

Now, its my turn to pass the Award to those who deserve it better than I do. Wishing them great luck in blogging and for all their hard work, here goes this Award to:

SG whose posts were the first ones that I found interesting and informative when I came to the blogging world. It ranges from serious to emotional to humorous - a terrific read is what his posts always give me.

Petty Witter for all her straight-from-the-heart book-related posts.

Mridula for inspiring me with her regular photo updates and small warm note explaining it to the readers.

Dipali Taneja for blogging in an interesting way about topics that are of relevance in today's society such as sexual abuse, blood donation and so on.

Aparna Radhakrishnan for warm, lively and homely posts.

Now, the tough part for you: decide and share this Award with others who you believe deserve to have it!

Apologies for a Hectic Beginning

2011-02-06T05:10:00.000-08:00

Dear Friends,

My apologies for not blogging regularly. I've had a busy start this year and a tiring one, too. I barely make time nowadays to spend with my son - so you can imagine how hectic it has become. It also has something to do with the fact that I had to ask my driver to go because he disappeared for weeks at a crucial time and without any proper explanation, and turned up out of the blue, demanding to be taken back again. Normally, I have a kind bone and tend to let these things go, but this guy 's misconduct and casual attitude to what is his 'bread and butter' irked me. There is no way I could take back this guy who has such a careless yet demanding attitude.

I am looking out for a good driver because as a lawyer, it is necessary for me to focus on what's coming up in court that day, prepare for it, make the necessary calls, read the brief, things like that, rather than huff and puff about the traffic jams, worry about diversions, these are not the things that should occupy my mind space. However, they are, because it's now part of my schedule. Also, exhausting because there's so much that needs to get done. Oh, by the way, Axess Legal Corp won two important cases right at the beginning this year and yes, we want to leverage that to deepen the trust that our clients have for us. Thanking you, friends, for the support you've been giving us.

So, as I am telling you here, I'm on the look out to get things in place so that my schedule is more structured with the core purpose of what I am doing. Meanwhile, tell me, how's the year begun at your end?

Wish you a Happy New Year 2011

2010-12-31T05:16:00.000-08:00

Here is a new year wish for you from Axess Legal Corp, this greeting is filled with our heartfelt cheers, wishing you a joyful, fulfilling and prosperous new beginning to the year ahead.

Happy New Year 2011.

God & Parents - thank you for today!

2010-12-20T10:03:00.000-08:00

Today is a really important day in my life. Right now, I am too tired to even explain. The gist is this - I passed the Advocates on Record (AOR) exam and it feels absolutely great but I am too tired today to even think of the word 'celebrate.'

I thank God, my father and mother, my family & my close knit circle of friends for actively supporting me during the time I prepared for the AOR exam. To be honest, the result came as a real surprise because I'd been working too hard in practicing law than studying it for exams. I thank everyone who supported and prayed for me. Never to forget so I am mentioning it again- God, thank you.

Some Big Fishes Don't Really Matter

2010-12-18T08:31:00.000-08:00

You could say I am very wrong.

I turned down a really big client because I believed he was guilty of the serious charges against him and there was no provision in law that could save him. Lots of people told me it was a mistake to let him go because he's the 'big fish' types and that even if you knew you can't make a decent man out of him, you could still have represented him and made lots of money and contacts in the process. While I admire lawyers who are able to do that and sleep peacefully, its not what makes me happy at the end of the day, when I look into my son's eyes and want to see a world of wonders there, not one of treachery reflecting back through me. What my father taught me about honesty, I want to pass it as a legacy even if it means letting the big fishes go their way. Their way is not mine.

When we began Axess Legal Corp, we knew the road ahead would not be easy because we had taken a big responsibility and risk at one go. There are some things that I will not compromise on - integrity, honesty and openness. I can not justify to myself if I compromise on any of these three things, not even for the sake of money because it is not always about money. Yes, we need it but not to the point of doing things that we can't justify to ourselves at the end of the day.

At some point of time, each of us has to do what we believe is the right thing for oneself, isn't it? What do you say?

How Not To Wake Your Lawyer If You Have One

2010-12-01T07:20:00.000-08:00

It was a tiring day. I slept earlier than I planned to. At about 10.30 pm, i guess.

Someone calls me on my cell. Thinking it could be from parents back in Kochi, I took it and then realized it was a client call. The queries were about filing a case relating to tax in Kerala. Okay, friends, don't think that its an attitude problem because frankly, lawyers can't afford to have attitude with their clients but what do you have clients calling up when you are sleepy? Imagine how difficult it would be to relate to taxes at that point or even make sense.

Well, thankfully, years of tax practice saved me. I managed to address the queries and talked to the client properly, appreciating the fact that he believed in my expertise to sort it out. However, after the call, sleep just seemed impossible. Tossing and turning, tossing and turning, then of course, quite fuming...I didnt sleep for quite sometime.

Has this happened to you? How do you deal with it?
I guess I could have switched off the cell phone but somewhere, some one may just need my help. Knowing that, I just can't.

What brings people together?

2010-11-27T09:53:00.000-08:00

Back after a wedding in Coonoor, a fantastic place to visit in case you are planning a vacation. I reached there and guess what I did? It was just the great weather and my own spirit that took me to a different course of action...something that I am glad I did.

I went to the nearest shop, bought a cricket bat and ball. Then I went to the place where the wedding was scheduled, gathered all the enthusiastic youngsters and then whoa! we started playing the game with such team spirit that there was no need for any conversations. There were people with whom we hadn't exchanged words in years perhaps because we didnt know them well or meet them before but it was amazing how a bat and a ball could get everyone so full of passion and unity. I'm not kidding. After the game, the bonding was just fantastic.
Sometimes, making conversations are not as important as we believe them to be.

Happy Diwali 2010

2010-11-07T01:38:00.000-07:00

Celebrating festivals or praying through poojas is really not my cup of tea because I like my prayers simple and direct. I find it more distracting to my concentration when there are too many rituals involved. Also, I am not able to understand their significance in relating directly to God. Of course, different people have different ways of connecting to God and I respect that.

Diwali is a festival that is celebrated grandly in North India. Ever since I came to Delhi, I have been a part of it too though not in the conventional sense. This year, as my son Jyotiraditya seemed to crave for real celebration, we did a couple of things that excited him and thrilled us to see his joy.

1. We got the home decorated with colorful lights. My son was so thrilled that he wouldn't move from the door and wanted the lights to go on twinkling throughout the night.

2. We got Cadbury chocolate packs for his friends in the society where we live. The independent guy that he is, he went and gave it to each of his friends.

3. We always light beautiful diyas for Diwali but this time, we got him to help us choose the diyas and also be part of helping us while we lit it. That got his total involvement and yes, a little bit of creative thinking about where to place the flower shaped diya and where to place the urn shaped ones:)

Since we believe that firecrackers are fun but harmful for the environment, we didn't get him that. However, our neighbors shared some with him and he loved it so much that it got me thinking whether I should deny that joy to him when all others kids seemed to be enjoying with firecrackers.

However, I still feel that while it is fun, there is still an apprehension about supporting something that is so harmful for the environment. All said and done, we had a happy Diwali and hope that you did too, with your friends and loved ones.

How to Treat Parents When They are Old

2010-10-19T06:41:00.000-07:00

In India, the concept of old age homes is becoming relevant due to the emergence of more and more nuclear families. However, it is not considered a socially acceptable solution as such. The laws in India require well settled individuals to ensure and pay for the 'maintenance' of their aged parents and they can be sued to ensure this is implemented. The typical family set up in India is a very emotional one. For the same reason, you may find many young people suing their parents for partition of property but you will rarely find parents suing their kids for securing any monetary benefits. That is how it is and has always been in India.

As a follower of Sri Sathya Sai Baba, I want to share one of His most profound teachings. You don't have to be a believer to practice this teaching. His teachings are typically relevant to non-believers too irrespective of country, religion or financial background:

He says,

"You will find at home pictures of God, kept in a special place for worship. In every home, however, there are living gods, whom the sages ask you to serve and worship. They are your parents. They gave you life. You owe your health and happiness to them. They love you, they serve you, they give as much as they can and even more. Yes, they often take less food, so that you can have your fill. They try to save money through various means so that you can be at school, or live in a hostel, or attend a festival or go on a school tour...Let your mother be your God. Let your father be your God. That is the teaching. How else can you thank them? What else can you give in return other than your love and service? Be kind, be soft and be sweet to them. Do not be rude and raw. Try your best to make them happy, obey them, for they know much more than you, of the world and its dangers. That is the way to worship them."

Language Confusion

2010-10-19T00:16:00.000-07:00

Language plays an important role in communicating smartly and effectively. For lawyers, language is the tool that needs to be constantly polished to perfection through the drafts they work on for clients, the persuasive arguments they put before the courts and even when delivering lectures or explaining strategies to their interns or clients. For any and every purpose, it becomes a lawyer's duty and responsibility to be smarter than others in grasping the dynamics of language and using it at the right time and at the right place to gain edge.

In the October 2010 edition of Readers Digest, there is an interesting article titled "How to Sound Smarter." Basically, it is the RD version of all confusing words and random rules you missed in English class. In this post, I am going to select some of the chosen RD words.

1. Use of 'Returned back': Very often, we use the term ' I returned back,' without realizing that it is appropriate to say "I returned" or "I am back" but not, "I returned back."

2. How to pronounce the word 'content': Most professionals pronounce 'content' as 'kontent' and there comes a bit of confusion when you hear it said as 'kaantent.' According to the Readers Digest, you can pronounce it as 'kontent' when you are referring to the subject matter of a book, film, project or website, just to mention a few. However, when you are trying to say that you are satisfied or content about something, the word can be pronounced as 'kaantent.'

Hope you found this post useful. If you can think of other words that we tend to use in a mixed up way, do share them. It would be great to discuss.

October 2010, Family Vacation in Kochi

2010-10-12T23:35:00.000-07:00

I have been irregular with my posts but here is how I am making up for it with a detailed update.

With my family, I have been enjoying a brief spell of absolute fun filled days. It's becoming addictive, really. Daily discussions with my father, Justice TV Ramakrishnan about work keep me focused and motivated about my work and goals.

My mom, Veena Ramakrishnan, pampered all of us with delicious spread of food that is nothing less than a feast. The delicacies span varieties of tasty chicken, fish, and vegetarian curries and sabzi too. We just hogged and hogged Mom's delectable food every day. We are still doing that:)

My sister, Nandini and her husband, Mridul, were with us for a few days too. It became more exciting when my nephew, Neel also came over. My four year old son Adi is not used to having a 'big brother' around the house and they became fast friends. Of course, Adi had his spell of temper tantrums but Neel was very caring, protective and understanding. Once while we were having dinner at a restaurant in Kochi called Lokah, a little kid dressed in yellow came rushing just like that, as though to hit Adi and immediately, Neel was there as he felt protective about Adi.

Adi calls Neel 'my brother' and it was awesome to watch their relationship unfold so naturally. Neel and I played some typically boyish rough games and of course, cricket. Neel taught Adi how to play Chotta Bheem game on the Internet and how to fish using a fishing rod that has magnetic baits to catch fish. All that is required is a bucket of water and the little fishes would catch the magnetic tape and yes, get fished:) Neel spent some time teaching Adi how it works. The boys had so much fun. We took so many pictures and we even had a family photo session at a studio where we took family snaps and all of which I will definitely upload so that you can all see what fun we had.

We did a thousand things and enjoyed a lot but this is just an overview before the pics come to your view. Take care, and do send in your thoughts.

Traveling, Now Relaxing with my Little Boss.

2010-10-04T08:31:00.000-07:00

For the last one month, I've been pretty busy, traveling, meeting clients and visiting places. The difficult part is that I couldn't spend much time with my son, as work commitments had to be prioritized. Finally, today, I am back with my son, enjoying his non stop chatter and litany of little complaints and demands. When he saw that I am back, I can't stop thinking about the way his eyes lit up and his smile seemed to be brighter than the day. He put his little arms around me, and began talking and talking about everything I had missed hearing.

Today, i don't care what parenting rules I am violating, but I am going to let my kid boss me, because I missed him so much and I just don't have the heart to say "no" on this very day. Maybe its too soft an approach but I am just going by my intuitive feeling while dealing with my four year old, than go by rules, regulations and techniques.

Last but not the least, I am glad to be back blogging. Missed u all, too.

Homework Conversation with a Four Year Old

2010-09-08T11:40:00.000-07:00

I love to help my four year old with his homework but he likes to do most of it on his own. In fact, we, as a family, spend the best time when we sit down together to discuss how to go about his homework. It makes all of us excited about getting the work done and not view it as a dreary chore that needs to be over and done with.

Every day, we get set as if we are getting ready for an ambitious Mission Impossible like project. What I enjoy is our anticipation and excitement that makes the whole process of completing homework so much more interesting, growth oriented and yes, lots of fun in discovering more about each other.

So, here goes today's conversation. While Adi is writing his "E" and "H" in the school notebook, he constantly wants me to talk. So, his mom tells him, "Why don't you finish and then talk like in class when Ma'am is teaching?"

Smart guy says, immediately, "But when Ma'am talks in class, I start talking too."

There goes!

Darjeeling Rock Garden

2010-09-05T02:22:00.001-07:00

Many of you were kind and encouraging about my effort on Tumblr. I spent three hours inserting the comment box, making it more user friendly so that you can use your Yahoo, FB or Twitter log in options to sign in and leave a comment. I've also inserted the Reblog option so that if you feel a post is worth reblogging onto your page, you can do that too easily. If you have any feedback or suggestions to make my endeavor friendlier for you, do feel free to share your inputs with me.

You can find my latest post and pic on the famous rock garden in Darjeeling by visiting http://sanand-axesslegalcorp.tumblr.com/

Find me on Tumblr.com

2010-09-03T06:30:00.001-07:00

Let me be honest by saying that blogging doesn't come naturally to me. I work very hard to understand how to draft, review and post everything that I blog about and the kind of hassles in loading, delay and issues that constantly trouble me on Blogger tends to rob me of the relaxing and joyful activity that blogging is meant to be. It takes me ages to upload a single pic and that is just not done! In a crabby mood about the way Blogger is treating me, but anyway, I've not decided to give up this blog, in case that has crossed your mind.

My wife recommended a new platform for blogging, which she said is the futuristic platform for dedicated bloggers who want to enjoy blogging and feel totally relaxed and without any hassles while doing so. I checked up on the Internet and found that this blogging platform called Tumblr is supposedly the next big thing. Not convinced, I visited the site and was bowled over and created a blog for myself immediately. As I said before, it takes me ages to get a post done on Blogger but on Tumblr, it was done in minutes. Better still, it gives me a fantastic Reblog option so that if I liked a blog, I can reblog it on my blog with automatic credits to the original one. I can't tell you how easy and convenient I found Tumblr.

I will continue blogging here because I dont want to throw away the hard work and the wonderful friends - YOU - I've found and learned from on this platform. However, I do suggest that when time permits, do check my blog on Tumblr as well.

This is where you can find my tales: http://sanand-axesslegalcorp.tumblr.com/

Painting Fundas for Parent-Kid Conversations

2010-08-26T21:10:00.000-07:00

My son, Jyotiraditya loves to draw, color and paint. When I stumbled across an interesting write up in Resurgence March - April 2009, I jotted it down for my reference but forgot to write the name of the author. I regret that but I wish to share what I read with you all here.

So, the excerpt courtesy the British magazine, Resurgence is given below:

"Children doing their first paintings clearly relish the sensuousness of paint and delight in creating seas of chosen color. Their innocence is chipped away at when we ask what the paintings are of. A fear of not knowing what a painting represents is a mask of our safely tethered desire for reading a picture, and for some people, there is the fear of being tricked by that which is not immediately evident and rooted."

What I liked best about the passage is that it gives parents the right set of hints about how to propel a child's creativity in the right way. Before I read this, I used to ask my son when he drew or painted something, "What is this?" I think that it is important to let the painter paint as his imagination guides him. The reasoning can perhaps be dissected later. The actual pleasure lies in painting itself. Purposelessness to any activity is not a terrific idea but beauty cannot be measured, nor can creativity. So, when one asks a child to think in terms of logic, the flight of imagination becomes restricted and a child feels an artificial pressure of trying to measure up to address the question put forth by the parent. Now, after reading this passage, I try to enjoy the drawing or painting and ask, "How did you feel when you were painting this? What did you think about when you did this?"

I must confess the conversation that follows is so spontaneous and educative for me as a parent and for my kid, the little messy artist.

Curb your Sugar Intake, Save Health & Wealth

2010-08-23T23:52:00.000-07:00

I've always had my tea without sugar. I don't know why but I have always believed that sugar intake leads to a lot of health related issues later in life. The earlier you learn to curb sugar intake, the better. It sounds boring but it helps to keep fit and spend less too. At least, think about curbing sugar at incremental levels in your life.

Here are some suggestions that will help your health and your pay packet too:

1. Check label and opt for food containing less than 5-7 g per 100 g.

2. Ditch Fizz

3. Cut down sugar in tea and coffee.

4. Limit soft drinks, sweets, biscuits, cakes, puddings.

5. Eat a small piece of cheese at the end of a meal or after a sugar snack. Cheese is alkali and it neutralizes the harmful effect of sugar. Don't make this a habit to eat lots of sugar and then cheese. This can be done once in a while, it is harmful if one uses it as an excuse to have more desserts and sugary food.

6. Use honey as a substitute as it contains fructose which is absorbed more slowly than ordinary sugar and gives more sustained energy.

7. Eats nuts, as they contain magnesium which helps combat fatigue, bloating and mood swings. Also, they enable energy release in every cell of the body.

8. Remember, a can of cola would have at least 7 teaspoons. A chocolate bar would have 8 teaspoons of sugar.

Try this. If you have other useful tips, please share, as that would help us all.

Daniel Craig in Layer Cake

2010-08-03T10:15:00.001-07:00

When I saw the DVD of Layer Cake, it didn’t really entice me except for the fact that I like Daniel Craig’s movies. The movie is an adaptation of J.J. Connolly’s novel, Layer Cake. So, yes, I took it with very little interest or anticipation because drug industry related movies don’t really interest me.

The movie is all about the criminal underclass of

Britain

with interesting insights into how its underworld drug industry works. Daniel Craig is the main protagonist of Layer Cake, and quite convincing as a smooth drug runner who plans to retire early from the hazardous profession. However, his plans are thwarted from all corners. He has to find a way to get a cache of ecstasy pills (worth over 3 million dollars!!) stolen by a low-life gangster gangster called Duke (Foreman) whose nephew Sidney dates the femme fatale Tammy, (starring Sienna Miller) who in turn catches Craig’s attention and love interest. Duke had stolen the tablets from one of Serbia’s most dangerous drug dealers, Dragan, who wants to get those pills back at any cost and believes that Craig has the cache from Duke.

To make the plot more complicated, Craig’s boss Jimmy Price (starring Kenneth Cranham) has two final missions to complete. Price wants him to find the runaway junkie daughter of his old pal and kingpin Eddie Temple (starring Michael Gambon) and deliver the girl safely to him. Then, Price wants Craig to buy the pills from Duke at any cost, without creating a mess.

There are many characters and twists to the plot but this is an out-and-out Daniel Craig movie. In every sequence, Craig’s performance seems flawless, right down to the scene where he realizes that he’s been duped twice, first by Jimmy Price and second, by Eddie Temple.

I liked the movie, particularly the end, where Daniel Craig fights all odds to become the king of the kingpin and yet is shot to death at his moment of his glory, not by another mafia don or the powerful enemies he’s made, but Sidney, the guy whose girl friend he had taken for himself.

Darjeeling's Tea Gardens

2010-07-21T11:46:00.000-07:00

Darjeeling's tea gardens take you back to colonial times. There's always a nip in the air and longing for freshly brewed hot tea that you feel tempted to have to keep warm. It's a place I know I'd like to visit again.

Not a Movie Review: Michael Clayton is a Bore

2010-07-18T06:36:00.000-07:00

MICHAEL CLAYTON is a movie about a lawyer who has spent too much time 'negotiating and fixing deals' and the theme interested me. George Clooney plays the protagonist. The movie hints at the huge stakes that a law firm has in an environmental corporate sort of case and the way Clayton's personal problems of being broke and in debt come into conflict with his professional interests. One fine day, his car explodes before his eyes and that is when he realizes that some one is trying to get rid of him.

Too often, we find Clayton looking lost and staring without expression, at what's in front of him.

The actress in this movie is Tilda Swinton. She is the epitome of an ambitious corporate lawyer whose greed for fame and publicity fuels her need to prove herself infallible. She spends most of her time practicing lines before a mirror. Her character lacks substance in the way its been etched out and it is clear right from the start that she has to maintain a dour expression, without even the hint of a smile.

The theme was a good one but was badly executed. It just rips apart your patience and kills your interest in the movie. The end was brilliant and worth the wait, to some extent. If you can stay patient, this may be a movie that will try it further.

Not a Movie Review: Defiance is an Attitude

2010-07-15T22:47:00.000-07:00

When I saw that "Defiance" is a movie directed by Edward Zwick, the maker of some brilliant flicks like "Glory," "The Last Samurai" and "Blood Diamond," I couldn't resist picking it up. Here's the story, not that I am the best person for story telling but I hope you'll be kind enough to still read on.

In 1941, in an area that we now know as Belarus, Jews are being persecuted mercilessly by the Hiter regime. Tuvia Bielski (starring Daniel Craig) is believed to have saved the lives of more than 1,000 Jews by keeping them safe in the woods, which came to be christened as "Jerusalem in the woods." Tuvia's brothers are Asael, (starring Jamie Bell), Aron (starring George Mackay) and Zus (Liev Schreiber).

First, the brothers avenge the death of their parents who are killed ruthlessly by the Nazis. Later, they help to save many Jews who were hiding in the forest, not knowing where to go or where their next meal would come from. Even a drop of water is not there for all of them to drink. The brothers think through the hopeless situation and become leaders who take charge to do what is required to stay alive. They create a system whereby every Jew is assigned a task to do and a role to fulfill. They lay down a hard rule - no babies on the settlement because it is no decent place for a baby to grow up.

The tensions between the brothers are played out very well by Craig and Schreiber because they are such opposites in attitude, passion and values.Their story is one of courage, not victimization. Typically, most real life stories on the Holocaust portrayed the horrors that the Jews went through and how they were victimized by it. This movie showed how a band of brothers became warriors, though they could have chosen to feel helpless and victimized by the turn of events around them. Somewhere, it seemed as though Zwick was getting lost in a melodrama of his own making, not necessarily that of the brothers.

Still, I 'd say that what the Bielski brothers did by saving and empowering so many Jews deserves to be remembered and documented. It tells us that even when we face the worst situations in life, we can deal with it by choosing a different route of action, one in which we don't prepare ourselves to be victims.

Life is Cruel but You've to Survive

2010-07-12T11:21:00.000-07:00

Every day, I wait to hear about my son's day in school. It's the highlight of my day - to unwind with him and hear him talk about how well/badly his day is. Sometimes, he has good days. There are times when he has bad days because a child in class behaves nastily. I had read somewhere that kids are territorial in nature. Like lions or hunting animals, they can sense fear and act upon it to their advantage. I never believed it then but from the time I've started observing how children behave, I've noticed its true. Kids pick on kids who seem frightened or timid in their presence. In my son's class, the girls are more aggressive and dominating. I remember that it was the same in my school too. Perhaps these are scraps of memories and may have nothing to do with it being girls or boys. I am sure that today's little boys and girls are more influenced by the movies they see than we were. That too has something to do with the aggression in their behavior.

In an English movie that I saw, I recalled the words of a father to his son, "Life is cruel but you have to survive."

The words stay with me when I think of some children who say or do cruel things to other kids. They feel its their right to survive. The weaker kids give in or become dominated by it because they too want to find an easier way to survive. It's no different when we grow up and pass through high school, college and the battleground of life. We learn ways to tackle cruelty and we find the means to survive somehow.

Maybe we know deep within, that there is no choice but to survive.

The Kingdom of God is Within You

2010-07-10T23:42:00.000-07:00

From the time my son, Jyotiraditya, was born, everyday has been a new dawn. Through his eyes, I see the world differently. I see life differently.

And I realize what is meant in the words, "The kingdom of God is within you."

Use of Coconuts and Monkeys in Thailand

2010-07-04T08:50:00.000-07:00

When time permits, I like to watch cricket, FIFA or Travel & Living. One such time, when I was watching the travel channel, they were doing a feature on Thai food. It was quite interesting and similar to the Kerala cuisine and naturally, I paid attention to some interesting facts that came up.

In the 16th century, the Portuguese introduced coconut as an integral part of Thai food. They showed a sweet crispy wafer that is a very popular snack in Thailand and it is made from a mix of rice flour, sugar, eggs and then flavored with coconuts and peanuts. They claim its an awesome snack and by the way it looked, I can't really doubt their claims.

Kerala too has considerable Portuguese influence but it is believed that coconut was a part of Kerala cuisine even before their arrival. In Kerala, there are traditional coconut climbers who climb the trees and throw down the coconuts that are ready to be used. Nearly every home in Kerala has coconut trees, so the role of a climber can be well-imagined, isn't it?

Interestingly, in Thailand, the people train monkeys to do the same job. Initially, it was almost offensive to know that but then it is just a sign of efficiency at their end. Each monkey is trained to pick upto a thousand coconuts per day and expected to work eight long hours.

Before the documentary could be seen completely, my son switched the channel to watch Tom and Jerry and I didn't have the heart to stop him. So, there ends this post. Hope you found it interesting too.

Winning Isn't Everything, There's More to it!

2010-06-29T12:20:00.000-07:00

People imagine all sorts of terrible things about lawyers, as if they are unpredictable like toddlers. When people meet a lawyer, there is one standard question that 's asked, "Do you win all your cases?"

I wonder how many patients ask this of surgeons and doctors.

Do you want the truth when you ask that question or a reassurance of sorts? Maybe you just need to consider what winning means to you in the context of getting a lawyer to support your side of the story. If you want to win to destroy something, that's not winning, is it? If you want to win because injustice has been done to you, it is about creating trust in your version and through legal representation.

To me, winning is about creating trust between you and the lawyer, you and the opposite party and you persuading the judiciary that justice is on your side. When that happens, the win is that of justice, not of two warring lawyers as people tend to believe. To me, it's always about principles that you live by. Sometimes, it's important to win and make that your legacy of standing by what is just and fair.

Don't Miss Lunch @ Hotel Travancore Palace

2010-06-27T05:02:00.000-07:00

In March 2010, on a short visit to Kochi, my home town in Kerala, I visited the Travancore Palace (it's a traditional Kerala hotel). My father-in-law, Dr.C.R.Raghu, took us there as it is on the way to Cherthala and Alapuzha. It's more than an hour's drive from Kochi but definitely worth it. Surrounded by lush greenery, authentic Kerala style paintings, old world charm and the spellbinding architecture of a traditional, Kerala style nallukettu, this is a place to unwind and relax. You won't find marble or granite floors sparkling here. You won't find brilliantly lit chandeliers and sparkling silver cutlery. Natural elements lend this place its best features. You can feel the breeze throughout the day and evening while you relax. The rains are sheer bliss as they fall through the open area of the nallukettu, becoming a visual delight. The light and air make it very airy to the extent that you don't need any other forms of light.

This is a place where you can find simplicity and elegance at one go. Best of all, the food is delicious, whether you are a vegetarian or a non-vegetarian.

We reached there past 11 pm and the photos we took hardly do justice to the grandeur of the place but do check these out. This is the traditional temple lamp that occupies a place of pride in the lush green lawns of the hotel.

This picture shows the entrance that leads into the hotel.

The following picture has three of us - Dr.C.R.Raghu, Adi and yes, that's me. The VIP in the picture is the golden bull. It is beautifully crafted and looks like an artistic masterpiece when you see it for real.

The painting shown below is just one of the many beautiful paintings that decorate the walls of the hotel's dining hall. Each painting comes with a clear title which helps us understand what the painting is trying to portray to the viewer.

Visit the Travancore Palace on a clear day and you will know what I mean when I say this place has old warm charm and lush greenery. You can spend time walking through the property, which is so beautifully maintained. If you are tempted to stay, do that. The rooms are very traditionally furnished and well kept with traditional artefacts. Whatever you decide, give this place a peek, it's worth it.

FIFA Cup:: Which Team are You Supporting?

2010-06-15T10:01:00.000-07:00

I have been watching the FIFA Cup 2010 with great interest. Which team are your supporting and why? Let's talk.

Don't Miss the Traditional Kerala Sadhya

2010-06-14T10:58:00.000-07:00

A trip to Kerala is never complete without a traditional sadhya, that is served on a banana leaf. Kochi's BTH (Bharat Tourist Home) has a restaurant which offers the traditional sadhya on Sundays for guests. Naturally, people flock to this restaurant on Sundays to enjoy the traditonal meal which is priced very reasonably.

Despite the long queue of families and the noisy canteen atmosphere, a visit to BTH is worth it if you are visiting Kochi.

Back to Work

2010-03-19T02:54:00.000-07:00

Back from a hectic holiday in my home state, Kerala, and now trying to get back to routine. It's tough to do that but nevertheless, nothing beats the thrill of working on a new case, handling communication with clients and holding discussions with them to make sure that their interests are protected in the best possible way. In different ways, that is what we all try to do at work, isn't it? We grow ourselves and others around us, not just to make money, but to feel happy and good from within.

What do you say?

Happy Holi 2010

2010-02-28T01:18:00.000-08:00

The festival of colors is back again! There seems to be excitement in the air, particularly with kids. Funny enough, I have never been drawn to this festival and I still am trying hard to conform with the fun factor it seems to represent.

The difficulties are that there are more crimes committed in the name of Holi celebrations which makes it difficult for me to believe in it. Many girls are raped by mobs and women, whether married or not, are not safe traveling or being outdoors in public on the day of Holi. For the police, it is not possible to control huge mobs that are celebrating a festival. That is exactly why many rapists go scot-free on this day because it is not possible to identify them as well. Due to these dismal but perfectly valid reasons, the fun filled, colorful festival fails to inspire me. Forgive my honesty but that's just the way I am. I can't pretend to like something that I don't believe in.

However, my personal thoughts do not prevent me from wishing you all a very happy, joyous and fun filled Holi. Stay safe, avoid mobs, drive carefully and take greater care of the girls and womenfolk in the family while outdoors.

Happy Holi!

Tagged, so Here I am!

2010-02-11T08:29:00.000-08:00

I was tagged by Lazy Pineapple and here we go with some fun questions:

1. What is your current obsession?

Cricket 24X7.
2. What are you wearing today?

White shirt, black pants - always the dress code for practising lawyers.
3. What's for dinner today?

Rice, sambhar and thoran.

4. What's the last thing you bought?

Chocolates for my kid.

5. What are you listening to right now?

Shah Rukh in an interview on NDTV with Barkha Dutt. News is now entertainment, isn't it?

6. What do you think about the person who tagged you?

I think she is a fantastic blogger.

7. If you could have a house totally paid for, fully furnished anywhere in the world, where would you like it to be?
In Kochi - my hometown

8. What are your must-have pieces for summer?
T-shirts, cargoes, jeans and a bottle of water.

9. If you could go anywhere in the world for the next hour, where would you go?
My hometown - Kochi.

10. Which language do you want to learn?
Not decided yet.

11. What’s your favourite quote?
If you desire for something with all your heart, the whole universe will conspire to make it happen.

12. Who do you want to meet right now?
My parents.

13. What is your favourite colour?
Blue.

14. Give us 3 styling tips that work for you.

1. The right scent.
2. The right watch.
3. The right shoes.

15. What is your dream job? To be a cricketer.

16. What’s your favorite magazine?
Reader's Digest.

17. If you had $100 now, what would you spend it on?

Chocolates.

18. What do you consider a fashion faux pas?

Shoes and belt that don't go well with what you are wearing.

19. Who according to you is the most over-rated style icon?
Aishwarya Rai

20. What kind of haircut do you prefer?
Short, military style.

21. What are you going to do after this?
Watch TV

22. What are your favorite movies?
Leon the Professional, Scent of a Woman, Gladiator, Notting Hill.

23. What inspires you?
Thinking about my father - Justice T.V.Ramakrishnan.

24. What do your friends call you most commonly?
Sanu.

25. Would you prefer coffee or tea?
Black tea.

26. What do you do when you are feeling low or terribly depressed?

Silent brooding.

27. What makes you go wild?
Backstabbers, liars and pompous know-it-alls.

28. Which other blogs do you love visiting?

Many blogs, can't think of just one.

29. Favorite Dessert/Sweet?
Chocolate dessert.

30. How many tabs are turned on in ur browser right now?

two.

31. Favorite Season?

Winter.

32. If I come to your house now, what would u cook for me?

Omelet.

33. What is the right way to avoid people who purposefully hurt you?

Ignore them.

34. What are you afraid of the most?
My son getting badly hurt.

35. When you looked at yourself in the mirror today, what was the first thing you thought?

God, I've put on weight!

36. What brings a smile on your face instantly?

My son.

37. A word that you say a lot?
Money, money, money!

38. When was the last time you did something nice?
Lawyers? Nice? Are you kidding?

39. What would you do if you were made President of India for one day?

Reduce the number of holidays in this country and encourage people to work harder.

40. Do you Know who Master SHIFU is?
No idea!

I would like to thank Lazy Pineapple for tagging me. I wish to tag the following bloggers with the same questions:

Mridula
Tarun Mitra
SG

Ramesh

Happy Republic Day

2010-01-25T21:05:00.000-08:00

Today, India stands tall and proud while she celebrates the 60th Republic Day. Everywhere, there is a festive air. Playschools and schools in Delhi celebrated the day before with kids dressing up as freedom fighters or leaders who gave India the strength and conviction to fight ahead peacefully for her freedom.

In Delhi, security has been beefed up at every spot.Passengers who plan to travel by air are advised to be reach early at the airport and be ready for several security checks before they can finally board their planes. In Bar Associations across the country, the Chief Justice of the respective High Courts will do the flag hoisting ceremony in the presence of other puisne judges and lawyers.

Let us hope and pray that the year 2010 will be a lucky and happy one for this country, the citizens like you and I and in particular, the young and brave men and women of the Indian defence forces who make it possible for us to sit comfortably in our homes and say this while they brave it out there. God bless them all!

Fishy is Good

2010-01-16T23:45:00.001-08:00

Today is a Sunday. Sunday mornings are meant for brunch and totally relaxed but today I am excited because my clients called from Mumbai, promising me a very thoughtful yet strange gift. They are bringing fresh fish from Mumbai. And you know what, it's fresh, priceless fish!

They are from the fishing community in Maharashtra, a very traditional and patriotic community. The State government announced a policy to provide subsidized diesel to these fishermen to use in their fishing trawlers, mechanized fishing boats and so on. Each boat requires about 1,500 liters of diesel and they are out in the sea for about a fortnight or sometimes more. Two punps and connecting tanks were given to this community out of the retail outlet initially granted to a big, well known entity called X.

Since these fishermen found it convenient to let the retail outlet person continue the dispensing activities (which requires a little expertise). So, they entered into an agreement appointing the same person as their agent in return for a monthly sum. Now, there is an alleged dispute about the payment of monthly service charge. The retail outlet guy terminated the agreement with the fishing folks.

On behalf of the fishing community, we filed a suit for injunction before the city civil court in Mumbai. It was fully granted (with respect to 2 pumps and 2 connecting tanks). Then, the other side went to the High Court in appeal against the said interim injunction. The High Court modified the original injunction order and confined it to just one pump. Aggrieved by this, the retail outlet has filed a special leave petition before the Supreme Court.

I am not just their lawyer but I am their friend. They tell me their worries and I worry with them because they are good people. They don't speak English with an accent, they don't wear suits or go to cocktails but they deserve justice because they are good, honest people who take great pride in their country and community.

And today, that will be my thought while I go to meet them and collect the gift they have brought for me, all the way from Mumbai.

Thank You for the Excellent Blog Award

2010-01-11T01:10:00.000-08:00

I am really thankful to God for giving me an encouraging 'pat on the back' through my friends and visitors on this blog. Thank you, SG, for bestowing the Excellent Award. I am not sure if I am the right person for this honor but it means a lot to me that you thought I'm worthy.

Chinese Proverb: Cackling Hens Do not Lay Eggs

2010-01-07T02:43:00.001-08:00

To understand a proverb is not easy.

In Asian culture, oral traditions are kept alive by proverbs that throw light on our cultural values and perspectives, along with a dash of history. In Kerala, there are so many interesting proverbs that the elders quote but it also has layers of meanings that one needs to delve into.

I've found it interesting to think about proverbs because they are similar to legal maxims. read this Chinese proverb, "Cackling hens do not lay eggs," I liked it instantly. Another one is "Cats who like to mew can't catch mice." Both mean that boastful people do not really do what they claim or say.

What is the proverb that comes to your mind? What does it mean?

Have a Happy New Year

2009-12-30T21:46:00.000-08:00

The New Year 2010 is ready to unfold in a matter of hours. I have just arrived in Delhi after a brief holiday in Kochi where the weather is as warm as toast. Here in Delhi, the temperatures have dipped. People feel the chill in their cold and kids as well as senior citizens are falling ill. Hospitals and doctors will work overtime even as the exchange of New Year greetings continue with fervour.

Needless to say, our cell phones will become the cradle to exchange New Year greetings with our near and dear ones.

I thank you all for encouraging my first endeavor in blogging and sharing my thoughts with you. Your comments and feedback have opened new vistas of growth in terms of writing. For me, your comments have been so motivating that I can't really express it.

So, here is my wish for you: Have a very Happy New Year in 2010. As Mark Twain said, " Sail away from the safe harbor. Catch the trade winds in your sails. Explore. Dream. Discover."

What is a Legal Notice?

2009-12-15T03:47:00.000-08:00

Thanks Mridula for sharing your query: "What is the difference between sending a legal notice and filing a court case. And if I send a legal notice to someone (no I am not sending one but who knows in future) am I obliged to fight a court case too?"

Scenario 1
You have a great dinner party at a restaurant called Golden Dragon and you find yourself and everyonelse throwing up, hospitalized due to food poisoning and of course, you are livid. You can send a legal notice through a lawyer.

Purpose of Legal Notice: An Example
The purpose of the legal notice is to inform Golden Dragon about the disputed issue that has caused you tremendous difficulty and measure it with a specific compensation that you seek to settle the dispute. In this case, lets call it chronic food poisoning. Your legal notice will state facts and ask Golden Dragon for an apology (if you want) and the amount of compensation. Once Golden Dragon receives the legal notice, they can respond to it with their statement. If the dispute is not settled to your satisfaction, your lawyer can file a case in court by producing a copy of the legal notice, the reply to it and your filing for compensation.

Purpose is to Inform the Other Party
To answer your question, a legal notice is your first step to inform the other party about a dispute that has arisen through a chronological statement of facts. This enables the other party to agree, disagree or respond to your allegations in writing. It also gives both parties an opportunity to understand the dispute, the laws in question and see if an amicable settlement can be reached without the matter reaching the courts.

And yes, to answer the second part of your question, once you have filed a case in court as per procedure, you have to fight it till the end. You can settle it in between if both parties agree to resolve the issue but if you file a suit and you don't fight it, that is tantamount to wasting the precious time of the court and misusing the procedures of law.

Feel free to share your thoughts and queries.

Religious Liberty in India

2009-12-12T22:57:00.000-08:00

Much has been written and debated about the reasons why India follows the unique system of letting different people from different religions follow their own religion's personal laws. Delving into the right and wrong of it is not something I wish to get into.

My Perspective on Religious Liberty

As a lawyer, my role is to understand the law, debate its scope and how it will benefit and protect my clients. If there are provisions that hamper or cause difficulties to my clients, that is what I need to worker harder at so that the difficulty is overcome legally.

I do not wish to draw any comparisons between the US and India because they have extremely different cultural connotations. From the ancient period till the modern struggle for Independence, the Indian society has undergone considerable cultural, religious and social invasions and thereby, the overall synthesis has evolved to take in the best of every religion.

Secularism cannot and should not be confused with being Neutral

Take the example of the oldest Jewish synagogue in the world, which is not in Israel but in Kerala. The Kerala State safeguards this Synagogue as well as the well being of its Jewish community. Permitting the Jews to practice their beliefs does not jeopardise the state. It causes no confusion to anyone because only their marriage and inheritance related issues fall under their personal laws. The same applies to nearly every religious group in India.

No other country has ever demonstrated real respect for religion and beliefs in its laws as does the Constitution of India. Much is talked about religious freedom in the UK and US but the truth is that its mostly talk and hardly beneficial in reality.

Religious Liberty

Religious liberty in India is enshrined specifically in the Indian Constitution, which is the Supreme Law of the Land. The provisions are detailed in the Chapter pertaining to Fundamental Rights. It entitles persons in India with the "freedom of conscience and the right freely to profess, practice and propagate religion."

Just to cite an example, consider a provision in the chapter of Fundamental Rights. It permits Sikhs to carry the sacred kirpan (a small sword) in public places and states this to be a "fundamental right" for the Sikhs. While honoring the belief of Sikhs, the law is clear that this provision does not extend to others.

Further, religious liberty also means that every religious denomination or any sect in India will have the right manage its own affairs in the matters of religion and establish as well as maintain institutions for religious and charitable purposes. However, this right is not absolute as the Constitution permits reasonable restrictions to be imposed. The State has the authority to pass laws for establishing social welfare and reforms as well as to restrict any religious activity if it is not in accordance with law.

True, India has a peculiar melange of secular and religious elements in the provisions of the Constitution, based on the premise that being secular does not mean being indifferent to the beliefs of people who profess specific religions.

Remember, the Constitution draws clear boundaries on the extent of religious freedom that can be exercised by individuals and communities in contemporary India. The reason India stands tall and proud despite centuries of invasions is not because of its laws, but because of its adherence to respecting the beliefs of every individual.

As Indians, we are proud of who we are and the difficult paths that we have crossed to reach here and we know that there is so much more we need to do to reach greater heights, even when we feel the laws may work against us.

The law has far to go but in each step, the focus has always been on how to benefit and protect the individual.

Why Does India have Different Laws for Different Religions?

2009-12-12T20:48:00.000-08:00

My post on Happy Divorce brought forth a lot of interesting comments from my wonderful readers. It has evoked considerable response and I am thankful to those who read it and shared their thoughts on the topic.

A nice question from SG prompted me to write about this issue which may be something that a lot of us maybe wondering about.

His comment read: "Very nice post. Once divorce was a rare occurance in India. Looks like it is not so nowadays. Since I have lived in USA forever, I have a question you may want to answer. India is one country and all are Indians. Then why do they have different laws for different religions? In USA, there is only one marriage act whether you are a Christian, Jew, Mormon, Muslim, Hindu, Buddhist, or Sikh. We cannot escape saying different religions have different laws. That is a no no in this country. Mormon religion allows poligamy. However, if a Mormon U.S. citizen commits poligamy he will be arrested and put in jail. Does not matter if his religion allows it."

I understand what you mean because it is something that has been a cause of debate even within the country. The Preamble to the Constitution of India and the very provisions of the Indian Constitution gives utmost importance to a broad interpretation and application of the word 'secular.' That is the rationale for different personal laws being due weightage in a court of law.

An Introduction to the Love of my Life - Jyotiraditya

2009-12-10T20:48:00.001-08:00

Ramesh suggested that I should introduce the little guy in my profile pic. I've taken this feedback seriously and so you are reading this post about my son, Jyotiraditya.

The First Word is...
Well, to begin with, I'd like to introduce the little guy. I owe it to the little guy. His first word was 'Acha' meaning 'Father' and I can never stop loving him a million times more just for that single timeless milestone in his phase of development.

When I was going to become a father, I was so sure that I'd be lousy at it. I hated kids. I didn't know which planet they were from, always creating trouble and making a mess here and there. Even before my son was born, I was cribbing that i will be a terrible parent because I don't know the first thing about expressing love to a kid.

Respect Your Kid
Looking back now, every one who remembers me then makes endless fun of me. Adi is my life, the very purpose for which I live and find joy in everything I do. treat my kid with a lot of respect. I listen to his opinions and tell him to see the other side and the funny thing is that he is open to it and does see the other side if I suggest it.

Be Best Friends
What I love is that he and I are best friends. He talks with me when he is happy, angry, upset or anything. When I sit down to pray, I tell him to join me. I would like him to join me but if he doesn't, I will not insist or force it. The moment you force such beliefs on to children, they will resent you for it and never totally open themselves to its real essence.

Cuddle Up
He talks to me about his day and won't go to sleep if I am not there to cuddle him. He calls out for me in his sleep and I hold him tight so that he knows that I am always there for him. He is a big part of my heart but maybe I'm sounding very cheesy like a crazy dad.

As parents, have you thought about what our role really is? Here is my perspective. We are meant to safeguard the treasures that God blesses us with and let go when it is time to. The gardener who looks after the flowers, tends to them and nurtures them doesn't keep them for himself. Those flowers are meant to travel to distant places, gather new experiences and add color and joy to those they visit. The same applies with these little kids whom we proudly display as 'ours' to the whole world.

Don't Stifle a Kid with Endless Rules
Too many parents stifle their kids with rules about everything. Don't play with the boys who aren't from well-to-do families. Don't play with Muslim kids. Don't do this, don't do that. Just like laws stifle us, as ordinary people, a lot of these senseless rules that parents follow stifle a child's development and stunts his/her perception.

Stay Connected to Love, not Clout
I see a lot of parents who flaunt their wealth and connections to get children what they want. I don't do that. If my son asks for something that is either not right or not within my reach, I tell him that honestly. I don't want to build false expectations in his mind. I don't want to be a perfect parent. I just want him to accept me with all my limitations too. And yes, if I start bribing my connections to get things done for him now, I am giving him the wrong signal that will become very dangerous for his own future when he grows older.

I want my son to achieve his dreams but with his own hard work and not because I have the clout to get it done for him. I am not too thrilled that he munches on Lays and Cheetos all day or that he loses his temper too fast (like me) and that he is very blunt about nearly everything but when it comes to the individual he wants to become in life, I will support him, help him reach decisions that are ultimately his and take pride in the fact that even when he's made his share of mistakes, he's learned to be confident to take them, no matter what.

That's what I want for my kid. Now, tell me your perspective.

Happy Divorce

2009-11-24T07:06:00.001-08:00

That morning, I began my day as usual but what happened was something unusual. A young, well-to-do couple walked in quite happily into the chamber. They looked sophisticated and in sync with each other. It's funny how we leap to conclusion about other people by the way they speak or dress but it's the sad reality of the lives we lead now, isn't it?

A Happy Couple: Is it a Myth?

Coming back to my story, I expected they wanted some advice about a rented home, or something on those lines. Agreements, that kind of stuff. What they asked with smiling faces was for a divorce. That truly stumped me. I couldn't imagine why they looked so united and happy about it. Of course, I have dealt with a variety of divorce cases but this is the first of its kind that was so 'urban and cultured' from start to end.

India, we now say is a very liberal, cosmopolitan country despite a lot of confusing bundles of personal laws for its citizens. The result is chaos for the parties concerned because each Indian citizen is governed by his/her personal laws relating to marriage and divorce.

For Hindus, they are governed by the Hindu Marriage Act, 1955. which grants divorce based on grounds such as Cruelty, Bigamy, Adultery, Renunciation, Desertion, and so on. The Muslims are governed by their personal laws under which marriage is "Nikah" meaning, a contract. For Parsis, they are governed by the Parsee Marriage & Divorce Act, 1939 and for Christians, there is the Indian Christian Marriage Act 1889. Persons of different caste or any religion can marry under the Special Marriage Act, 1954 and remain governed by this Act. There are certain penal provisions also in the Criminal Procedure Code providing for the maintenance of the wife and punishment for bigamy.

How does this sound? It sounds like I'm about to make a pot of money. The truth is that I don't enjoy watching couples let go of their life and dreams any more than their families do. The truth is that I try very hard to understand what their mutual gray areas of perceived weaknesses are and then guide them to look inward to find solutions to those problems, rather than run off to the nearest lawyer for divorce. The best lawyers are always focused on finding solutions for the client rather than letting the clients go ahead and demand what they believe is the best solution.

Believe it or not, divorce rates are multiplying in India. Delhi tops the list, followed by Mumbai and Bangalore. Even traditional Kerala is not far behind.

So, how did I deal with this happy couple?

First, I tried to first help them see whether they can look back on the difficult areas in their life and make light and sense of those depressing realities but they were firm. They do not want anything but a divorce -- smooth and easy. They said they were not compatible as man and wife and could not live together under the same roof any longer.

The end is no longer the stuff that fairy tales continue with, "....and they lived happily ever after."

The changing lifestyles and perspectives of this country need to redefine and make a new amendment to the conventional fairy tale like this: "............and they lived happily divorced ever after."

Can we teach our kids to be kind? Say Yes!

2009-11-08T20:05:00.000-08:00

Kindness is one of the world's most scarce resources, especially in kids. In many cases that I've heard or dealt with, the brutality that enters the world of kids is unimaginable. There are kids who bully one another as early as in pre-school and mostly the teachers and parents are totally ignorant about what is happening because educational pressures have become more competitive and less meaningful to a child's actual development.

What parents and teachers forget is that kindness is something kids learn from them. A parent who treats the domestic help like an animal can never set a good example to the kid. A teacher who lies to the children can never inspire the children to be honest. Funny enough, we don't pay much attention to such important details but yes, we give a lot of importance in saying that our kid studies in X school without thinking through that it is the teachers and the values they impart that is more important than anythingelse.

A lot of young parents believe that teaching their kids kindness is not a good thing to do becaue the world will exploit it. Kindness is not something that parents and teachers should equate with weak will. Some of the world's greatest leaders reached where they are because they could balance their dynamism with kindness and compassion.

Kindness is also closely linked with positive action. Through kindness, your kid may learn to excel and be confident about everything he/she does. Kids, who are kind, will also grow a good, positive network of relationships around them that they can grow for their entire.

Kindness is not about volunteering at a starvation camp or during an epidemic or an earthquake. Its value increases when you use it everyday in your life. Why don't you make kindness a part of your daily routine with your kids so that you can help them and yourself grow a positive cycle?

On Teacher's Day, teach your kids to thank the teacher by stating what all she/he has learned and incorporated thanks to the teacher's love and patience? If your kid doesn't get along with another kid, help them to understand each other and yes, get your kid to at least try and take the first step. Today's life is all about managing relationships smartly. Starting early will help your kid to develop these social interaction skills pretty fast.

Let our kids learn to be kind, not condescending. To help them do that, we need to practice at being genuine too. Kids spot fakes faster than experts. Help your kids to feel for others and to find happiness in helping others. With a spontaneous smile, a truly sincere compliment and a kind gesture, teach your child to make everyone’s day just a little brighter.

Just in case you want to know about whether the law can protect your kid, read on by clicking here.

Making the Right Choice Is Tough

2009-08-31T06:28:00.000-07:00

Making the right choice is always important in life. It could be as simple as picking up an aftershave cologne, tweeting with someone you trust about a day in court or getting a gift for your spouse. It could get as complicated as representing a client who you believe is lying or some one whose version you are unable to trust.

Whatever realm you work in, knowing whom to trust and how to negotiate is very important before you make a choice or a decision to go ahead. If you are in business, negotiation is your lifeblood. Same goes for lawyers, teachers, doctors and many more professionals.

Many times, we don' t realize how important negotiation is in every field of life, in the tasks that we do and the practical outcomes we hope to create.

Sometimes, the failure to negotiate properly could land you in deep trouble or mental distress. Lots of problems may crop up because negotiation took a backseat.

My suggestions:

Explain what the benefit is for the other party.

Confirm with yourself that the benefits for you will accrue directly from this deal.

Don’t foster a fall back position beforehand

Invest in your skills
Be honest and open.

If you are a parent, negotiation is what makes you successful in handling your kids' demands. Your kid asks for McDonald burgers. You say veggies but that falls on deaf ears. What do you do? You find a way to negotiate. Starting early helps rather than waiting for the house of card to fall apart, the way it does in many relationships, professional and personal.

Think about it. Do you negotiate enough? More importantly, do you negotiate openly?

Our Kids and Nature Deficit Disorder

2009-07-16T00:41:00.001-07:00

People hire lawyers they trust or those they feel comfortable to disclose their personal details with to find solutions that help them grow. Lawyers, as a bunch, steer from solutions and tackle loopholes in processes so that their involvement is mainly with helping the judges interpret the law in the context of a specific case.

In this context, my post is not about lawyers or cases because for me, work will always follow the way its meant to. My purpose of blogging is to interact with non-lawyers to discuss openly on matters other than laws. Its fun to discuss and follow up with those who send queries and discuss general things. Talking about schools and kids is something I do most of the time because I've got a saucy three year old with a mind of his own. It got me thinking about how important it is for parents and teachers to help kids empower themselves.

Richard Louv, in the book he authored - Last Child in the Woods, coined the term 'nature deficit disorder' which is called as NDD. It fascinated many parents and educationists across the world because it is so relevant to our times.

Here are Louv's main findings:

Today's children are disconnected from nature because of 'suburban sprawl.'
Plugged in culture keeps the kids indoors.

While Louv clearly states that nature-deficit disorder is an alienation from nature, not a medical condition, the truth is that this disorder damages children significantly.

Growing up, in my young days, was fun because it meant I could play outdoors with my bunch of friends. My mother says that I hated coming back inside because I loved playing cricket outdoors.

Today, my 3 year old son comes back from school and refuses to play with other kids or with anything other than playground equipment. He prefers being at home watching TV, reading books or coloring, but we make it a point to take him out and talk about what we see around us in the natural environment.

Nature is Best

Grandma's advice to go out and play in the sun is further strengthened by recent research findings that list the following advantages for kids who spend time outdoors and play in sync with nature:

smarter
happier
more creative
better problem solvers
healthier

Nature enables them to ask questions, improves their creativity and cognitive flexibility. Show a squirrel munching on a nut to a kid and talk about why it does that. Watch clouds and their shapes in the sky and talk about how thoughts and dreams grow in our mind and change shapes as time passes. There is so much that a child can experience and learn from Nature that it is so devastating if we let our kids not appreciate its true potential.

Actions For Parents and Teachers to Adopt

Take kids outside— Create opportunities to play outdoors. Talk, color and experience nature in every day life.
Walk or drive to school or around with kids so that you can talk about whatever you are passing through.
Request teachers in schools to encourage nature-play as it is good for the development of our children.

It is also important to educate our network of teachers, architects, builders, and community planners to plan 'natural' spaces that foster the imagination of our kids. The importance of natural space is integral to children's overall development. Every parent should get the community involved to achieve a better and more sustainable future for the sake of their kids.

In this context, watch out for schools that discourage children from outdoor activities or restrict their sessions with Nature. Every school's daily activity is supposed to let children outside to observe and enjoy their natural environment and if this activity is not happening, it could affect your child's growth and potential.

My advice is understand your kid better with each day, it will help you grow and make your little one glow.

2009: The Year of Mobile Computing Platforms

2009-03-13T10:49:00.000-07:00

The year 2009 is going to witness tremendous increase in mobile travel technologies. Look at the Marriott International, which launched a version of its Website that was built exclusively for smart phone mobiles. Marriott's site earned over $1.25 million in gross revenue within the first 100 days itself. The Kelsey Group conducted research which states that 19% percent of the population in the US use mobile computing devices.

Clearly, mobile computing platforms like the Blackberry Storm and the iPhone will trigger a boom in the use of applications that trigger mobile travel.

Top hotels like the Four Seasons Hotels and Resorts and Hilton Hotels Corp. are transforming their existing Web sites into mobile interfaces. This is a factor that simplify bookings.

In terms of mobile capabilities, Hilton generated over $420,000 in revenue in 2008 October. Hyatt Hotels and Resorts are also geared to launch mobile sites.

Currently, most hotel sites focus on pre-stay functionalities. This may involve simple tasks like paying online or booking a room but this is now broadening. The sites are extending their mobile capabilities to permit customer check ins and even booking restaurant reservations.

Laws relating to any dispute or bone of contention between a hotel and a consumer in the context of mobile computing discrepancies remain vague as of now. The future may spell another story.

Global mergers and R&D Impact

2009-03-10T08:04:00.000-07:00

We've all been reading about Merck's plan to acquire SGP or Schering-Plough. The staggering amount of $41 billion is poised to improve the bottom line.

However, a growing concern that experts in the legal field have is that the proposed merger will cut about 16,000 staffers as part of its efforts to streamlines operating costs. That apart, some of Merck's big drugs are at the brink of losing the umbrella of patent protection. That spells a rather gloomy state of affairs altogether. Take the example of Pfizer which seems to have sagging R&D prospects too.

To those of us who are keenly watching the global mergers and changes in the pharma industry, these trends have several implications. The Schering's purchase of a Dutch company known as Organon hardly yieled production of new drugs. Numbers wise, Pfizer spent over $60 billion for its R&D segment for eight years. Have you heard of the company producing a single drug worth its name from this? Mergers impact R&D culture in a rather negative way though they solve some short-term problems.

Takeovers may be just quick fixes for Merck and Pfizer as their best-selling drugs may lose patent protection in the next couple of years. They would have to face generic competition too. Another significant first time for them. Undoubtedly, the legal implications of such defensive acquisitions are bound to be interesting for lawyers.

Law Can Protect Your Child

2009-01-15T07:19:00.000-08:00

The year 2009 has begun with greater emphasis on bridging the serious gaps in segments of importance.

Take Obama's latest propositions in changing the face of education in the US where, there are 110,000 expulsions and 3 million suspensions that are known to happen each year. In India, we definitely have little access to these actual numbers but we do know that teachers hitting out at children is almost an accepted form of punishment to correct the behaviors of specific challenging kids. What parents dont realise is that they can take recourse to legal action in these situations.

Coming back to the US education scenario, an interesting approach has been formulated. It's called as collaborative problem solving. This was conceptualised by Dr. Ross Greene, who works at Harvard Medical School's psychiatry deparment. What it means is that behavioral challenges such as lack of flexibility or basic cognitive skills are perceived as developmental delays. So, this principle reiterates that the children shouldnt be punished simply because they are unable to understand and adapt to the demands of the school that placed on their tender shoulders.

Those who have seen Taare Zameen Par, the Bollywood flick, which was a bold and sincere attempt to address the same concept. Countless movie goers appreciated the suffering of the child protagonist, Ishaan, who embodies a classic case of Ross Greene's principle on developmental delays.

But here are some questions that continue to trouble parents:

1. What happens when a school refuses to use diligence and reinforces a system of punishment on a child who is suffering from similar developmental delays?

2. Will lawyers be able to take a proactive approach in initiating preliminary discussions with school authorities in representing these issues relating to a child's educational rights?

To answer question one at a micro level, it is important for parents to assess the situation correctly. Where it does seem apparent that a child is being unduly tormented by the punishment system, it calls for an immediate discussion with school authorities. If that fails to bring out measurable outcomes, we know exactly what comes next. Yes, the law steps in.

That, my dear friends, is just the beginning.

Legal News In Brief from Around the World

2008-08-11T02:08:00.000-07:00

I read this somewhere, "The difficult task, after one learns how to think like a lawyer, is relearning how to write like a human being." Floyd Abrams. So true, isnt it?

Writing brings to mind the stereotype lawyer who makes notes on a note pad. Recent news in the U.S. indicate that the 'legal pad' is going to turn extinct, a relic that no longer works or serves the next generation, hi-tech lawyers. The latest U.S. state court rules will permit attorneys and even those who enter a courtroom to bring and use laptop computers to take notes. However, a judge's permission is required for this.

Another interesting news that got coverage recently was that more than 30% of businesses that are based in the UK do not use professional help for drafting their company contracts. A survey indicated further that more than a quarter of start up companies in the U.K. do not plan to take any form of legal support.

An estimate of 27% indicated that they will draft their own contracts, without legal help. That sounds scary and it looks like Indian companies are far more responsible on that count as most contracts and agreements are scanned carefully by legal experts of both parties before it is taken further.

Where any company sets its own terms and conditions for business, it is naturally bound to set limits for its liability so that it can curb claims from its clients or customers. There is often very little thought applied to the precise wording of such a limitation clause.

As drafting is integral to law, let's go through a recent case that reinforced what we believe is our niche area: accuracy, preciseness, and clarity while drafting any notice, agreement etc.

The Bristows Law Firm published details about an interesting case that brought forth interesting drafting points to the notice of attorneys. Here is what we at Axcess Legal Corp consider as the useful points:

-Review exclusion and limitation of liability clauses on a regular basis because enforceability is a vital factor that no one can take chances with.
-Drafting must be clear and unambiguous.
-It is not fair to deprive any party of a remedy for breach of contract on your side though that is the general practice.
-The question of reasonableness depends entirely on the individual facts that make each case truly unique.

Let's chime into the case details of Regus (UK) Ltd v Epcot Solutions Ltd.

Office space belonging to Regus was rented out by Epcot for several years based on the standard business terms of Regus. Due to problems relating to air conditioning in the office, Epcot began to service charges to Regus which would otherwise be typically paid to Regus. As a result, Regus was quick to issue a notice of suspension of its services to Epcot and also issued proceedings for sums owing to its service charges.

Epcot counterclaimed an huge amount for damages which Regus refuted by emphasising on the standard exclusion clause.The UCTA clause stated that:

"We will not in any circumstances have any liability for loss of business, loss of profits, loss of anticipated savings, loss of or damage to data, third party claims or any consequential loss...."

Based on the High Court's findings that the air conditioning was defective and that Regus had breached contract, it was held that Epcot was entitled to recover damages.

The more significant aspect is that the High Court held that the so called exclusion clause did not fulfil the test of reasonableness as it was too broad in a way that effectively depirved Epcot of any legal remedy for Regus's failure to ensure that a basic service like air conditioning is tackled properly.

Naturally, Regus appealed. The Court of Appeal did not observe any inequality of bargaining power between Epcot and Regus and overturned the High Court decision. The Court of Appeal held that the exclusion clause fulfilled the test of reasonableness. It is clear that the signal was that courts must continue to respect the contractual terms which have been freely negotiated by the concerned parties.

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