Arguendo

Arguendo is the Core Project in the Lex Coterie Group of Organizations.

Monday, 5 May 2014

Slaves of God: A Look into the Devadasi System Prevelent In India

Devadasi (Servants of the God) system is a religious practice in parts of southern India, including Andhra Pradesh, whereby poor parents marry a daughter to a deity or a temple. The marriage usually occurs before the girl reaches puberty and requires the girl to become a prostitute for upper-caste community members. Such girls are from then for ever known as Jogini. They are forbidden to enter into a real marriage.

The beginning of this tradition can be traced to inscription found in ancient Hindu temples. The word Emperumandiyar, which was used in the sense of Vaishnavas before 966 A.D., got the meaning of dancing girls, attached to Vishnu temples, in inscriptions of about 1230-1240 A.D. in the time of Raja Raya III. In Maharashtra, they are called 'Devadasis' meaning female servants of God'. They were poor, low-caste girls, initially sold at private auctions, and later dedicated to the temples. They were then initiated into prostitution. One can refer to the list put forward by the famous Indian scholar Jogan Shankar to determine the evolution of the system. According to him, the following are the reasons which played a major role in supplanting the system with firm roots:
1. As a substitute for human sacrifice.
2. As a rite to ensure the fertility of the land and the increase of human being and animal population.
3. As a part of phallic worship which existed in India from early Dravidian times.
4. Sprang from the custom of providing sexual hospitality for strangers.
5. Licentious worship offered by a people, subservient to a degraded and vested interests of priestly Class.
6. And lastly, to create custom in order to exploit lower caste people in India by upper castes and classes.

On the basis of the historical studies and research one can see the way the "sacred prostitution" established itself and grew to become a part of the Indian society. According to Chau Ju-Kua, an ancient traveler, Gujarat contained 4000 temples in which lived over 20,000 dancing girls whose function was to sing twice daily while offering food to the deities and while presenting flowers. Eminent Indian historians like R.C Mazumder and U.N Ghoshal have corroborated these facts. They have acknowledged the "high proportion" in the number of the "devadasis" in the temples during the medieval period.

Sadly, due to the continuation of the factors responsible for the birth of the system, the tradition has maintained itself over the centuries. It is found in all parts of India, but was more prevalent in the south. In some parts of Maharashtra and Karnataka it is still prevalent and has become a source of exploitation of lower castes.
"Since the day of the initiation, I have not lived with dignity. I became available for all the men who inhabited Karni. They would ask me for sexual favors and I, as a jogini, was expected to please them. My trauma began even when I had not attained puberty." (Testimony of a 35-year-old former jogini named Ashama)
The devadasis, spread all over India, lead intolerable lives. They have been quenching the thirst of millions of upper caster Indian male’s lusts. Since the inception of this deplorable system, the joginis have been subjected to merciless subjugation and injustice. They were not only used as objects of sex but were also forced to do all the work of the temples and serve the priests.


"Many of these women were tiny girls when they became devadasis, "dedicated" to the sect by poverty-stricken parents unable to pay their future dowries and hopeful that a pleased goddess would make the next pregnancy a boy. Tradition has for centuries locked devadasis into a proscribed and highly stigmatized social role. Forbidden to marry or work outside the temple, they have spent their lives tending the shrines and decorating altars, singing and dancing, telling devotional stories and collecting coins from worshippers to support themselves and their religious work."

They continue to face discrimination and indignities on the basis of caste, remain politically powerless and suffer from acute poverty, oppression and exploitation. They run high chances of acquiring sexually transmitted diseases. Although in independent India, many steps have been taken to prevent the system and rehabilitate the devadasis, they are not enough to improve the situation as the root cause of poverty continues to push young girl to the roads of "sacred prostitution".
The "devadasi system" is a heinous practice as it degrades women to the lowest levels. It has no place in a free and civilized society. However, it was declared illegal in India as late as in 1988." It raised hopes as many thought the prohibition would eradicate the system for good.
"Many government programs were launched to stop this menace and redeem these women folk from this dehumanizing status. Since proper motivation and follow up are not taken up all these programs failed.  Few reasons behind the failure for the same are the following.
  1. India is a country of diverse religions. But Hinduism has the maximum following among them. No political leader or Government cares enough to go against their established Hindu vote banks by actively imposing laws to stop the Devidasi system.
  2. The Devidasis are considered and treated as property of the temples. Not humans. Not people. And property doesn’t cast votes. Hence no political part treats them as worth fighting for.
  3. Every consecutive government turns a blind eye towards this problem as something which they pretend does not exist.
Even today in rural parts of Indian, young girls are sold temples in the name of God to spend their lives as sex slaves forever. The Government has long since abandoned them. Only the Supreme Court is their only savior now.  




Reference:- http://iml.jou.ufl.edu/projects/Spring02/Chattaraj/index2.html

Sunday, 4 May 2014

Fulfilling Your Desires: Interview with Anuj Kumar (Founder: Legal Desire)

Interview with Anuj Kumar, a second year student of SLC, Subharti University, Meerut. He is not only the Founder of the popular web portal Legal Desire but is also the Founding President of the NGO, India Of Dreams.


Sourya (S) When did you get the idea to start Legal Desire?

Anuj (A) :-Being a firm believer of Swami Vivekananda, I take inspirations from his teachings.
“Take up one idea. Make that one idea your life — think of it, dream of it, live that idea. Let the brain, muscles, nerves, and every part of your body be full of that idea, and just leave every other idea alone. This is the way to success.”
The idea stroked my mind when I was in second semester. Like other Law Students, I also used to skim over legal news portal in search of opportunities likes call for papers, moot competitions and conferences etc. One day the proverbial light bulb went on! I decided to go ahead developing an ultimate portal for law students providing all services under one platform. Using my webdesign skills, I started with a basic legal portal and then we move ahead adding new features and services to it. After few months, another idea stroke my mind of starting a Legal Journal and that gave birth to ‘Legal Desire Quarterly Journal’. Then a big list of things added to the plan including Online Courses, Q n A section, Legal Dictionary, Learn Constitution etc. I dedicated 24x7 myself towards Legal Desire and now I take pride being a founder. Legal Desire in short span of time created an identity among the legal world and a leading portal for law students.

S) How did your friends react when you told them about this idea?

A) I still remember that weird reaction I got from them. They have no idea what I was exactly planning to do, they were confused and having doubts whether this idea will be a success or end up as failure but not to forget they also encouraged me by supporting me wholeheartedly towards Legal Desire. This team worked day and night under the leadership of me. And now they all take pride being a part of Team Legal Desire.

S) Did you invest your personal funds to start with the website?

A) Yes, there is a saying that, ‘While Money Is Not Everything But Almost Everything Needs Money’. The rich had to start somewhere. Forget that some wealthy people are born affluent, won a lottery or had connections – plenty of them started right where you may be now: somewhere near the inglorious bottom. By grace of god, I have Webdesign and Development Skills so before Legal Desire, I was working for various clients providing them world class web services and getting paid from them too. I invested that hard earned money, utilized my web skills, my friends contributed their bit and rest you knows what happens after that.


S) Tell us something about the services Legal Desire offers?

A) Well Legal Desire is an endeavor to provide information to legal luminaries. We are the leading online portal for law students and professionals. We are providing the law fraternity with bundle of legal knowledge by making them aware about the various legal happenings including latest legal events, articles, news, online courses, competitions, internships and many more.
Legal Desire organizes online and offline Competitions for Law Students. Legal Desire Campus is the next generation Online Law School enabling law students and professionals take online courses in law that can afford them opportunity to enhance their professional career and learn law. Legal Desire also provides Legal Services and Online Store to buy discounted Law Books and Products.
We also have Legal Desire Quarterly Legal Journal which provides an opportunity for Law Students and Professionals to get their articles published and share their views with Legal World.

S) When did you get associated with Pulse of Markets?

A) I am associated with Pulse of Markets as Author since August, 2012. I love to write and Pulse of Markets Newspaper has given me a great platform for the same. Journalism is in my blood and Pulse of Markets provides me opportunity to fulfill my desire of Journalism. I love to report events, take interviews and attending press conferences etc. I give my heartiest thanks to Mr.Vibhor Aggarwal, Editor Pulse of Markets who handpicked me for P.O.M as Author. He is also a member of Editorial Board, Legal Desire Quarterly Journal.

S) What was your proudest moment as the founder of Legal Desire.?

A) Well it’s not one; Legal Desire gave me unlimited moments to take proud. But the one I love most is the respect and love by the Law Students, Faculty & Legal Professionals being a Founder of Legal Desire. Getting honored in tons of conferences, receiving business proposals, wishes and good feedback emails make me feel proud. Hard work finally pays. It feels proud that Legal Desire is growing at fast pace across the Nation and helping Law Students in an effective manner.

S) What next for Legal Desire?

A) Legal Desire is all set for coming up new services like online shopping portal for law students and professionals, online workshops, legal career counseling, legal services section, Legal Desire mobile application, more online courses etc. Apart from Services, Legal Desire planned to organize International Memorial Writing Competition, 2nd National Essay Writing Competition and National Quiz Competition in 2014.

S) Any tips for wannabe law students?

A) You are about to embark on a course that can inspire, frustrate and empower, often in unequal measure. Though it will feel like it on occasions,studying law is not just about red bull-fuelled library nights, jargon-filled lectures, book-burdened bags and headache-inducing judgments but keep working hard as prestige, financial reward, intellectual stimulation, and the ability to make a positive change in society—all are typical and logical reasons for getting into law profession. The most prestigious course is ‘Law’ where you have the ability to rule the world. You can take examples of current rulers of country in world. Did u notice something common in most of them? They studied Law. Law is above is all. Best wishes for upcoming lawyer in you. Take pride that you are going to do law.

Thursday, 1 May 2014

An Interview With The Interviewer:- Anuj Agrawal, Associate-Editor of Bar & Bench talks about his love for traveling, his college days, about Law School Darshan and more.





For The Sake of Argument catches with with the dynamic and witty Anuj Agrawal, Associate-Editor of Bar & Bench, the person behind those amazing interview Law students routinely follow. The following is the interview conducted via email.











Sourya (S):- You are generally used to be the one asking the questions. How does it feel to be on the other side of the interview?
Anuj (A) :- Odd. Very odd.

S:- How long have you been associated with Bar & Bench?
A:- Lets see. I joined the Bar & Bench team in the last month of 2011 so it is going to be three years this December.

S:- Why this ‘unconventional’ choice of career?
A:- You know, I wish I could give you a well thought-out answer to this but the truth is that it was a pretty impulsive decision. I had just quit litigation in Delhi, and was doing the odd drafting work in Bombay when the opportunity to work with Bar & Bench came up.
I always wanted to write and Bar & Bench seemed the perfect platform for this. Plus, very early on they offered to send me all over the country and visit different law schools. And pay me for it. So that was quite difficult to turn down.

S:- Were you always inclined towards law from your childhood days?
A:- Not really. I don’t think I was ever “inclined towards law” to be honest. Not having to study engineering or medicine seemed like a good enough incentive to join law and that was that. (Hear Hear)

S:- Tell us something about the ‘Law School Darshan’ section.
A:- The Darshan series is probably my favourite B&B series and it all started at this extremely casual meeting back in January 2012. It was actually an offshoot of our Law School Rankings project, an initiative that eventually could not take off. Anyway, the fundamental idea behind the Darshan series was to provide a first-hand account of life at different law institutes across the country. So you go there, spend a couple of days and speak with the students, the professors and the Vice Chancellor.
One of the goals of the series was to move away from this vague and slightly infantile, “My school is better than yours” chitchat that is so common, and actually examine if and why one law school was better than the other. And there is such a dearth of information on these institutes anyway.
Of course, there are inherent limitations of a two or three-day visit, especially when it comes to culling out the negatives. But at least you could provide a glimpse, no matter how tiny, of life inside a particular institute.
Looking back, the series has allowed me to meet far too many interesting people, have some great conversations (often over fantastic food) and see parts of the country that I would have otherwise not got a chance to visit.
Oh and did I mention I got paid for this?

S:- What is the most drastic change you have noticed between law students back in your time and now?
A:- Eh? Back in my time? You make me sound like an uncle.
Hmmm, well one of the things I have noticed is that students are a lot more confident of what they want and are not afraid of going out and getting it. I also see a lot more students attending moots, conferences, travelling the country and the world, and using up as many opportunities as they possibly can.
Having said that, I do think that more and more students are equating the jobs they aspire for or get with their self-worth and this is a bit discomforting.
Damn. I am an uncle.

S:- Tell us something about your own Law School days.
For me, the best bit about studying law was that I got to spend five years in Calcutta. And for this, I shall be eternally grateful. Calcutta is a city like no other, occupied by some of the loopiest people on this planet. It was phenomenally cheap, friendly and caring and I really cannot think of a better city to be a student in.
The hostel rules were fairly relaxed and by the time we graduated, the mess food was actually quite good so there really wasn’t too much to complain about in that department.
As far as the course itself was concerned, lets just say that you had to really make an effort to fail. I think the opportunity to excel was always available, and a lot of my peers exercised this option.

S:-There is a growing trend of Law students starting up, branching out and connecting with the practical world right from their college days.  Do you consider this a temporary passing trend or a revolution of the law schools system?
A:-Well, I certainly see a lot of entrepreneurship amongst law students in the recent past and I think that is just fantastic. There are so many students who are not only coming up with innovative, and economically viable ideas, but executing them. And I noticed this during my student days as well; people from junior batches just going ahead and getting things done. It is most commendable.
I also think that there is a clearly identifiable connection between law and entrepreneurship, and more and more students are maximizing this. If you think about it, a law degree can give you a superb understanding of the practical, day-to-day workings of a business or a venture. I certainly hope that this is not a passing trend.
In my opinion, there is no other undergraduate degree in India that gives you the kind of freedom that a law degree does. The number of doors that a law degree opens up for you – it is unbelievable.

S:- NASSCOM had once presented a report stating that 80% of engineering graduates are unemployable (i.e not fit to be employed.) even though they have a degree. Do you feel that law students are better prepared to tackle the practical world in this aspect?
A:- I haven’t read the NASSCOM report but I did come across this one in 2013 prepared by an organisation called Aspiring Minds. It looked at undergraduates from 3-year bachelor programs and rated them on their “employability”. One of their findings was along the lines of half of all graduates not being “employable” in the knowledge economy. It is worth a read.
As for your question, I don’t think law students in particular are at any advantage over their peers in other fields. As far as litigation is concerned, there are so many things that you can only learn through practical experience and I imagine this to be true for a law firm as well. And it is important to recognize this.
Also, I personally don’t think that a law degree should only be viewed as a means of future employment. It can be, or rather it ought to be, so much more. Sure I understand that not everyone has the luxury of a loan-free education or the absence of economic compulsions. I understand this.  But by reducing the study of law to a source of livelihood, by viewing the course as a purely professional one, I think you are denying yourself a number of possibilities.

S:- Having interviewed numerous famous lawyers, what is the one common feature you would say is present in all good lawyers?
A:-That is an interesting question. One commonality I have found, and this is something that makes interviewing them all the more fun, is their ability to gauge what the listener wants to hear. And then say exactly that.
This is not to say that they actually give a fig about my approval but it is more about how adept they have become at sensing the mood of their audience. So you really have to try hard to get them to drop their defense, get them to reveal just that little bit more than they would have wanted to. And when you do succeed in doing this, it can be quite a good feeling.

S:- Could you give us a sneak peek into what interviews you have planned next?
A:-Sure. We are building up our collection of interviews with “non-NLU” professors, there are a couple of senior advocates from Gujarat we interviewed, and a senior law officer from Goa – these all should be going up in the next six weeks or so.
I also want to build on the Law School Folk series so if any student-run committees are interested and reading this, you know whom to contact.
Oh and we are also looking at building a photo database of law-related photos, something along the lines of the Indian Memory Project, but only for lawyers. So that should be quite exciting.  

S:-Your proudest moment, while being associated with Bar & Bench, till date?
A:- Can’t really remember a specific moment though there were a couple of times when people I respect and admire complimented me for an article or an interview. That felt pretty good.

S:- Lastly, through your years of experience interacting with legal professionals, lawyers, judges and students, what advice would you give upcoming lawyers and law students.
A:- This is not advice but just an observation made –  if you really put your mind to it, and I do mean really, anything is possible.

LAW MANTRA PRESENTS:- Call for Papers on “Consumer Protection”



The Law Mantra Law journal (ISSN 2321 6417) is a monthly academic journal, published online, that seeks to provide an interactive forum for the publication of articles in the field of Law. The Journal is currently soliciting submissions for Volume I, Issue 10, which will be published in June 2014. The submission deadline for Volume I, Issue 10 is May 30, 2014. We welcome submissions from academicians, practitioners, students, researchers and experts from within the legal community. We have a strong preference for articles that assert and defend a well-reasoned position.
It is aimed at institutionalizing and channelling the analytical and incisive articles of students towards value addition and developing inherent potentials of legal fraternity.

About Law Mantra
Law Mantra is an Online Journal and Web Portal, under the chief patron of Dr. Hon. Justice Malimath, former Chief Justice Karnataka and Kerala High Court, Dr. Prof. Gurjeet Singh, Vice-Chancellor N.L.U.J.A Assam , Prof.(Dr.) Faizan Mustaffa, V.C NALSAR Hyderabad, and other luminaries from the legal fraternity. Law Mantra is running for the purpose of enhancing legal academics and legal awareness in the society and in the practice of the same.  Law mantra also has an ISSN (2321-6417) journal which tries to disseminate knowledge and research in various aspects of law. This website offers legal professional and legal aspirants to bring forward their views and ideas through high level of research and get acknowledged in front of masses. This also includes blog writing, Articles, essay, case notes and others literary works.
The Themes for Call for Paper is “Consumer Protection Law”

About The Competition: The competition basically has the purpose to bring out original and concrete views of the mass- to the mass. In an essay, we look forward to a detail analysis of the status quo and putting forward suggestions that would serve as an instrument for change to the problems that persist.
The Paper submitted will be used to create modules for free awareness campaigns.
Theme: “Consumer Protection Law”
The submissions may be in the form of articles, notes, comments, book reviews on the issues raised.
All submissions must be made in accordance with the submission guidelines of the editorial board given below:
We welcome submissions under the following categories, with word limits:


Submission Guidelines:
TYPES OF CONTRIBUTIONS
• Articles are lengthy publications that provide sustained treatment of important topics and ideas in the law.
Word Count – 4000 words (including footnotes).
• Essays are long write-ups and explore new arenas in the field of the topic that the author wishes to deal with.
Word Count – 3000 words (including footnotes).
• Book Reviews tackle new publications or neglected topics in the law. These are relatively short pieces of work that tend to analyse, comment and evaluate any law related book published recently.
Word Count – 1500 words (including footnotes).
• Case/Legislative Comments are short pieces which succinctly tackle interesting issues and puzzles in the law, often a critique on recent judicial pronouncements.
Word Count – 3000 words (including footnotes).
 
WRITING GUIDELINES:
 All Entries must be typewritten in the font Times New Roman, font size 12, 1.5 line spacing and justified alignment.
 The Citations must be typewritten in the font Times New Roman, font size 10, 1 line spacing and justified alignment.
 Citation style must adhere to one uniform system of citation. References must be footnoted in Blue book 19th edition. All references must be cited in simple text. No formatting is required for the citations.
Submissions received to the Law Mantra Journal reviewed for following reasons
Scope and relevance for article: The article must be based on contemporary legal issues. Content of article must be suitable for readers-Students, Legal Professions, Academicians.
Language and Quality: Language must be formal and clear, adhering the submissions guidelines of journal.
Copyright Violation: To ensure that, the submissions are not in violation of copyrights laws. Authors are required to obtain written permission for the use of any copyrighted material in the manuscript and must communicate the same journal.

PLAGIARISM CHECK:
The authors are required to take special care in citing all the sources that they will refer to in their submissions.
The submission shouldn’t have been published somewhere else or submitted for consideration for publication somewhere else.
All the submissions will be subjected to strict plagiarism checks.
MODE OF SUBMISSION:
Submissions should be in electronic form (.doc, .docx).
The submissions are to be addressed to The Editorial Board, Law Mantra Journal at journal@lawmantra.co.in

Note:-Selected papers will be published with I.S.S.N.

REGISTRATION DETAILS

Selected full paper should reach the convener, on or before 30th May 2014.

For further details or regarding this you may call on 08255090897