I never dreamt of joining any service. But one day, I saw an advertisement for the Indian Administrative Services Examination which is conducted by the Union Public Service Commission and filled the form. I was not serious about the examination. So I did not do any preparation and did not take any coaching. But I was selected !

I was offered the Indian Police Service and the Indian Revenue Service. My mother did not like the idea of her second son becoming a police officer and could not understand why a softie like me should be selected for the Police. In those days, mothers ruled the roost and had the final say. Right or wrong, the mother was always right. So I landed up in the Indian Revenue Service.

But unlike my colleagues, friends and foes alike, I continued with my studies, getting a Masters in Law, 6 Post Graduate Diplomas in different fields, and the highly coveted Ph.D. in law.

Convocation Dress

When I was declared to have qualified for the Ph.D., the University of Bombay sent me a form for the next convocation – whether I would like to attend the convocation, and take the diploma in persona or take the diploma in absentia (which means collecting it from the University office after the convocation).

I had never attended a convocation before. So this time, I made up my mind to attend the convocation. I asked my staff to obtain a convocation dress for me.
They searched everywhere (I really could not understand why they had to search so much), and after a lot of effort, managed to hire a set of convocation dress from an old time photographer.

On the day of convocation, I proudly dressed up in the hired convocation dress and arrived at the university premises.  I was shocked to learn that the Bombay University had discontinued the old traditional convocation dress several years ago and males were to be dressed in simple white shirt and trousers.

So I had to take off the convocation dress which only made everyone stare at me and since I was not wearing the white shirt and trousers, I could not take part in the convocation procession. I had to be content with watching the entire proceedings from a chair in the University Convocation Hall.

It was therefore a bit of stale news to me  to learn that at a convocation function at the Indian Institute of Forest Management in Bhopal, the Union Environment Minister Jairam Ramesh found the traditional attire  ’barbaric’ and ‘a sign of colonial slavery’ and discarded the square hat and the red and yellow gown he wore.
The Indian Institute of Forest Management is a under Jairam’s ministry. Which sane person could question his outburst?

I am surprised to hear that soon after, Bihar Chief Minister, Nitish Kumar called for a debate on convocation clothes.

But my dear sirs, both of you are a little too late.
Bombay University has already taken a lead.

Advocates Robes

After my retirement, I appear in some courts and forums. An advocate is required to wear the traditional lawyers dress…..black coat, tie or band, white shirt and trousers.
Of course, lawyers may not wear the black coat during the summer for a month or so.

The dress is colonial no doubt. But it is still in vogue in many countries of the world.
I have no grievance on this score.
The dress is all right in air conditioned environment. But it is really awful to see lawyers perspiring in the lower courts and forums, where some times even fans don’t work.

Is it not time to become practical and have a more practical dress code for lawyers in India?
You don’t need public debate on this. The Bar Council of India, the Supreme Court, the Government ..in fact, anyone can take the lead.
I am sure everyone will welcome the change.

Club and School Dress

For these, who are allergic to dress codes, I can only point out that some elite clubs and most elite schools have some sort of dress code.
And the dress code is not imposed by any one from outside, but by the management themselves.

If you don’t like the dress code, don’t join these institutions.
Don’t join the elite club.
Don’t send your child to that elite school.
That’s all……

The matter is as simple as that.

Abortion & Law

There are different legal provisions relating to abortion in different countries.

The Position in India

In India, abortion is not allowed after 12 weeks of pregnancy.
This has led to a piquant situation.

A Unique Case

A couple in Mumbai – Niketa and Haresh Mehta were expecting a child.
A sonography test revealed that the 25 week old foetus had a congenital heart block.
The child-to- be-born would need a pace maker right from its birth and constant medical treatment for the rest of its life involving huge medical expenses.
They decided to get the baby aborted.
Doctors refused to carry out the abortion because abortion after 12 weeks of pregnancy is illegal.

The couple approached the Bombay High Court.
The Bombay High Court appointed an expert committee of three doctors to give their recommendations.
The team gave a report that they were in not in favour of the abortion, but the final decision had to be taken by the couple.

The Judges called the couple and discussed the matter with them.
The couple said they did want a child – but a healthy one.
So they wanted abortion – if legally possible.

The judges offered a suggestion that the state would take care of all the medical expenses of the child.
The couple did not accept the suggestion.
They did not have faith that the government would give timely help.

Dilemma

The Judges are in a dilemma.
They want to follow the law.
They have directed the expert committee to give a clear opinion.

Lord Dennings

It is a well know fact, that under the guise of interpreting laws, judges are constantly making laws.

In the words of Lord Dennings:“ Law does not stand still. It moves continually.Once this is recognised, then the task of the Judge is put on a higher plane.
He must consciously seek to mould the law so as to serve the needs of the time. He must not be a mere mechanic, a mere working mason, laying brick on brick, without thought to the overall design.

He must be an architect – thinking of the structure as a whole, building for society a system of law which is strong, durable and just.It is on his work that civilised society itself depends.”

Go ahead Judges.
You don’t need the support of a team of doctors.
You have the support of the noblest legal luminary in the world.

Dr. Binoy Gupta