In this blog post, Deepak Sati, a student pursuing a Diploma in Entrepreneurship Administration and Business Laws from NUJS, Kolkata, describes the concept of constitutional values and labour welfare.
Industrial Dispute Settlement Machineries
In this blog post, Arushi Chandak, a student pursuing her 2nd Year Student, BA.LLB. (Hons.) from Symbiosis Law School, Pune, and a Diploma in Entrepreneurship Administration and Business Laws from NUJS, Kolkata, describes the different Industrial Dispute Settlement Machineries.
What Are The Labour Law Compliances Required For A Firecracker Industry
In this blog post, Abhijna Ganesh Somashekhara, who is currently pursuing a Diploma in Entrepreneurship Administration and Business Laws from NUJS, Kolkata, details the labour law compliances required for a firecracker industry with special focus on ant
An Analysis Of The Labour Unrest At Honda
In this blog post, Salang Ishan Sharma, an Advocate in Punjab And Haryana High Court, Chandigarh who is currently pursuing a Diploma in Entrepreneurship Administration and Business Laws from NUJS, Kolkata, discusses how Honda denied the sacking of workers which led to unrest among the workers.
Job Opportunity-Legal Executive-Lodha Group
Lodha group job opportunity.Lodha group is hiring for ‘Legal Executive’ at Mumbai.
Details are as follows:
job at a glance
- Designation-Legal Executive
- Qualification-LLB
- Experience-4 to 9 years
- Salary- 3,50,000 – 8,00,000 P.A
- Location-Mumbai
- Keyskills-Legal doccumentation,Legal research
- Company name-Lodha group
- Company website-www.lodha.com
company profile
Lodha Group
The Lodha Group is India’s premier real estate developer providing comprehensive residential and office space solutions across real estate categories and diverse consumer segments with a footprint across Mumbai, Pune, Hyderabad and London.
Established in 1980, the Group is currently developing in excess of 43 million sq. ft. of prime real estate, 30 ongoing projects – from luxury residences to large integrated townships. The company is one of the most profitable players in India and the largest by sales, clocking over INR 8,000 crores for FY 15-16. The group has further extended its promise of luxury living with successful projects in Hyderabad and Pune in India
Medical Negligence: Liability of Hospitals
In this blog post, Srishti Khindaria, a student of Amity Law School, Delhi, Guru Gobind Singh Indraprastha University, analyses the concept of medical negligence and how liability can be fixed on hospitals in cases of medical negligence.
In daily usage, ‘negligence’ may be seen as mere carelessness. In the legal sense, negligence signifies the failure to exercise a standard duty of care which the doer as a reasonable man would have exercised in the given circumstances. There is a reasonably foreseeable duty of care owed to the plaintiff by the defendant, the failure of which of would likely cause an injury.
All professionals engaged in the medical field; doctors, nurses, etc. are responsible for the health, safety and well-being of their patients and are expected to provide a high quality of care to them. However, some medical practitioners and health care providers fail to live up to this responsibility towards their patients and do not provide them with the required standard responsibility of care and attention, by acting maliciously for monetary incentives, etc., thus resulting in severe complications to the life of the patient and sometimes even death.
Though a doctor may not always be in a position to save the life of his patient, he is expected to keep the best interest of the patient in mind at all times and apply his skill and knowledge in the most appropriate manner. Thus, it is an accepted norm that the doctors carry out required investigations and also seek all information and reports from the patient. Further, unless in an emergency, ‘informed consent’ of the patient must always be taken before proceeding with any major treatment, invasive investigation or surgery. Failure of the doctor and the hospital to carry out this obligation is essentially seen as a tortious liability.
Indian hospitals have been held liable for their services- rather lack of services- individually or vicariously. They can be sued for negligence either in Criminal Courts, Civil Courts or Consumer Forums.
The Supreme Court has held that every doctor “has a duty to act with a reasonable degree of care and skill” in the case od State of Haryana v. Smt. Santra.[1]
However, what must be noted is that the legal concept of medical negligence is not just limited to the conduct of doctors but it applies to nurses, pharmaceutical companies, healthcare facilities and other health care providers too.
Thus, those offering medical advice and treatment need to state implicitly that they have the necessary skill and knowledge to be undertaking such activities and also that they have the required skill to decide whether or not to take up a case and to decide what kind of treatment is to be administered. This is known as “implied undertaking” on behalf of the medical practitioner.
And as litigations usually take too long to reach their logical end via civil courts, medical services have now been brought within the ambit of the Consumer Protection Act, 1986, where the complainant is entitled to compensation for deficiency in services within the stipulated period.
Cases that do not fall within the purview of the Consumer Protection Act, for example, where services have been provided free of cost at a government hospital—can be taken up in criminal courts where the medical practitioner can be sued under Section 304-A of the Indian Penal Code that deals with deaths caused by negligence. It states that whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment for a term which may extend to two years, or with a fine, or with both.
When Does Liability Arise?
The liability of a medical practitioner does not merely arise when the patient has suffered an injury; it arises when the injury is a direct consequence of the conduct of the doctor when he failed to exercise reasonable care. In other words, a doctor is not liable for every injury suffered by the patient. First, existence of a duty of care by the doctor towards the patient has to be established and then the patient must prove breach of such a duty. In case there was no breach or the injury was not a direct consequence of the breach, the doctor will not be liable. Thus, the burden of proof lies upon the complainant.
It was held in Calcutta Medical Research Institute v. Bimalesh Chatterjee[2] that the onus of proving negligence and the resultant deficiency in service was clearly on the complainant.
Liability of Hospitals in Cases of Negligence
The liability of a hospital in cases of medical negligence could be direct or vicarious. Direct liability in this sense would mean a deficiency in the services provided by the hospital thus making it unsafe and not suitable for treatment. Vicarious liability, on the other hand, would refer to the liability of the hospital as an employer for the negligent acts of its employees.
Some of the conditions under which a hospital is directly liable are:
- Improper maintenance of hospital resulting in an injury to or death of the patient.
- Failure in providing a safe and suitable environment as guaranteed–like when the patient is affected by malfunctioning equipment, incompetent staff, inadequate accommodation, etc.
- Deceptive or misleading signboards, advertisements, and notices, false claims of availability of certain facilities which may be seen as a deficiency in services or as unfair trade practices under the Consumer Protection Act and damages can be awarded for such malpractices.
- Charging for a facility which was not provided, or charging more than what is mentioned in the displayed list of charges or agreed.
- Testing for HIV and Hepatitis B is either mandatory or voluntary. When testing is legally done without the consent of the patient, it is known as mandatory testing for instance when screening for blood donors, semen donors or organ donors. In other cases it is voluntary, and express written consent of the patient is necessary to respect his/her need to maintain confidentiality.
- Improper maintenance of records of treatment and failure to hand over such records to the patient or his authorized attendant/legal authorities within 72 hours, which is in violation of the Medical Council of India Regulations, 2002.
Also, if such records are not provided to the patient or attendant, it may also amount to deficiency in services under the Consumer Protection Act, 1986.
The employer is responsible not only for his acts and omissions but also for those of his employees, as long as such acts occur within the course and scope of employment. This liability is based upon the maxims “respondent superior” which means “let the master answer” and “qui facit per alium facit per se” which means “He who acts through another does the act himself.”
An exception to the above principle is seen in the “borrowed servant doctrine” according to which the employer shall not be liable for acts of an employee when that employee is working under the direct supervision of another employer.
For example, when a surgeon employed by one hospital visits another for conducting a surgery, the other hospital where the surgery is performed would be seen liable for the acts of the surgeon.
However, in present times most doctors are not employees of the hospital and are independent contractors instead. Whether or not a doctor is an employee of the hospital would depend on upon the nature of his/her relationship with the hospital.
But a hospital cannot escape its liability by merely saying that it cannot suo moto perform any operation or amputation and that it provided only infrastructural facilities, nursing services, support staff, technicians. The hospital is not only responsible for the staff it provides but also for independent contractors such as anesthetists/surgeons or doctors in some cases–who admit or operate a particular case. This was held in the case of Smt. Rekha Gupta v. Bombay Hospital Trust and Anr.[3]by the National Consumer Disputes Redressal Commission.
In Joseph Alias Pappachan v. Dr. George Moonjerly[4], it was held that “persons who run hospitals are in law under the same duty as the humblest doctor: whenever they accept a patient for treatment, they must use reasonable care and skill to ease him of his ailment. The hospital authorities cannot, of course, do it by themselves; they have no ears to listen to the stethoscope, and no hands to hold the surgeon’s scalpel. They must do it by the staff which they employ; and if their staff are negligent in giving treatment, they are just as liable for that negligence as anyone else who employs others to do his duties for him.’
In the case of negligent acts that take place in government hospitals, it has been held that the state can be directly liable in case there is a lack of proper facilities, equipment or staff and it may be vicariously liable for negligent acts of its doctors. In a few cases, the court has even granted compensation to the complainant paid by the government doctor whose negligence has been established.
Conclusion
In recent times, the Indian society has seen a growing awareness regarding the rights of patients. This is clearly visible from the recent growth in litigation concerning the medical field or establishing liability and claiming redressal for suffering caused due to medical negligence or for breach of confidentiality arising from the doctor-patient relationship.
The Medical Profession is seen as the noblest of all professions in India; for the patient the doctor or any medical practitioner is like “God is unerring”. But this is what the patient thinks; in reality, a medical practitioner is merely a human and as the old saying goes “to err is human”. Thus, they are prone to committing mistakes, for which laws on medical negligence must be in place; especially in the case of hospitals which are known to abscond their liability in many cases.
[divider]
Footnotes:
[1] AIR 2000 SC 3335
[2] 1(1999) CPJ 13(NC)
[3] 2003 (2) CPJ 160 (NCDRC)
[4] 1994 (1) KLJ 782 (Ker. HC)
How to get your credit rating? What are the factors that might affect the credit rating?
In this blogpost, Swati Mohhata writes all you need to know about credit rating.
There is too much debt floating around in the world today, and people are greatly underestimating the importance of keeping and maintaining a strong credit rating. If we are not diligent and considerate when it comes to making our purchases and fulfilling our financial obligations of credit rating, it can take a substantial hit and our ability to perform a range of financial transactions in the future can be seriously affected.
Credit rating systems
The credit reporting system takes into account not only the negative information that is currently on a person’s credit file but also the positive factors. So everything goes into account when determining the sort of score we have on our file.
In India the average of credit score that lies between 622 and 1200 is generally considered to be pretty good. Any higher on the right track, any lower have a bit of work to do when it comes to getting our credit rating up to an acceptable level.
Negative credit information
There is a range of information associated with our financial history that offers insight into our creditworthiness. These are taken into account in determining our ultimate credit rating:
- Any credit applications and enquiries we have made in the last five years, and whether or not these applications have been successful or unsuccessful and why.
- Payment records from our current credit accounts. Not only does this include our credit cards, but it also includes our mobile phone, gas and electricity accounts.
- And overdue accounts or payment defaults in our history and any failure to meet payments.
- Any bankruptcies or insolvencies we are involved in as well as court judgements.
- A range of public record information, including directorships and proprietorships.
Positive credit information
In India, there is a range of positive credit information that can significantly increase our credit rating and overall perception of creditworthiness – so long as we have been in control of our finances. Some positive factors include:
- The types of credit accounts we have owned such as a credit card or home loan and the record of successfully meeting financial obligations in relation to these accounts.
- Credit limit usages and account balance details.
- Successful repayment history which shows an overall ability to meet our financial obligations.
Ways we can increase our credit rating
It is said, that if found with a low ranking– there are a number of measures which can be taken to significantly improve the score. These includes:
- Applying for a credit card – as long as a person is in the position to make repayments, having a credit card can actually increase the credit rating. Just make sure that all the repayments are made on time.
- Make appropriate applications for credit –submitting multiple loan applications and having them rejected can have a substantial impact on the overall credit rating, so if anyone requires a loan before filing an application make sure that one is in a position to do so. If multiple inquiries have been made in a short span of time, some credit providers may look at it negatively, and this will seriously affect the rating.
- Paying off bills, loans or credit cards –making sure that all different financial obligations are met is quite important when it comes to determining the overall credit rating. If one fails to do so, it can have a really negative impact on his credit rating. Something as small as a 30-day late payment can decrease the credit rating, and if overdue accounts are kept on your file for up to five years, so it goes without saying – don’t risk it; pay on time.
Keep track of our credit report and rating – this is especially important if one has changed jobs or moved house recently, and he should really be checking his credit rating at least every one to two years to ensure there are not any errors that have passed through.
The things we do that affect our credit score and how do we fix them:
Applying for credit several times
This usually involves submitting loan applications to several banks, hoping that one of it will be approved. However, each time we apply for credit, it will be recorded in our credit report, which is noted as an enquiry. A credit can be a loan, mortgage or utility application. If we have made a lot of enquiries in a short span of time, some credit providers may see this negatively and reject our application.
If we continue to apply for credit after we were refused from a credit provider, these enquiries will significantly reduce our credit score.
The Solution is that before applying, research different lenders and choose the most appropriate one to submit our credit application to.
Paying bills, loans or credit cards late
An overdue debt and whether it has been paid on time or not will be listed on our credit report when it is 60 days or more overdue. However, a 30-day late payment may also decrease the score. Overdue accounts are kept on the file for up to 5 years.
The Solution for such circumstances is pay on time, every time. But if we really can’t, make sure to at least pay off an overdue debt within 60 days of getting the first notice of payment so that it doesn’t appear on the credit file. Also, pay the non-overdue debts gradually, as the credit score shows the ability to manage credit and debt, so if paid completely at once, it will be deleted from the report.
Hence, the bills, loans and credit cards can be paid on on time, by using direct debit and scheduling automatic payments from the account.
When a person is not paying his bills or meeting loan repayments
If one refuses to pay his phone bill even after receiving requests from the utility provider , or if the loan repayments are not met, these could be listed as an overdue debt or defaults on the credit report, which will bring down the credit score. Defaults are kept in the file for up to 7 years.
It could be better paying the bill and then disputing the amount after that. However, if we can’t pay our bills or meet repayments due to unexpected circumstances, speak with the utilities and credit providers and see if you can apply for a hardship variation and negotiate a repayment plan. One could also consider consolidating the personal and credit card debts into a mortgage so it can be managed to be paid each month.
Not removing errors in the credit report
If an error is found on the credit report and one chooses to fix it later rather than sooner, the credit score will not improve, and this will affect the future credit applications.
So one can tell the privacy commissioner that there is an error on the file. If we are applying for a loan, tell our lender that there is a correction pending. We will need to prove that the item is not correct, such as a letter declaring that the account is not ours or that it has already been paid. We could also talk to the company who added the default on our file, claiming that we owe money to them. They could have simply mistaken as somebody else who does owe them money.
Not keeping track of your credit report
If have changed jobs or moved house over the years, you could end up losing track of the details in our credit report, which could adversely affect your credit rating.
Other ways to improve your credit ratings
- Get a credit card– If we have and use a credit card, it will build our credit rating and show that we are capable of handling and managing debt. However, remember that every credit we apply for will be added to your credit report and can lower our rating. If we already have a credit card, it’s best to ask for a higher credit limit instead of applying for a new card.
- Use different types of credit– We can increase our credit rating if we can prove that we are able to manage different types of credit and also pay them all on time. For example, using a loan to purchase a car and a mortgage to buy a house.
- Use someone else’s credit– Have someone with a good payment history add we as a credit card holder to their credit account. This way, their payment history will be included on our credit report as well, giving a perfect account. If the account is open for a long time, it will also show a long history of managing it well.
- Keep unused accounts open– Even if we have paid off our credit card, don’t close the account. Keeping the account open without negative reports over a long period of time will have a positive effect on our credit rating,
Therefore the higher our credit rating, the higher our chances are of getting our credit application approved.
Can AN NGO Be Merged With Another NGO
Mergers and Acquisitions in India are governed by the Companies Act of 2013 which broadly explains the concept of a ‘merger’ without expressly defining it. A ‘merger’ is a combination of two or more entities into one; the desired effect being not just the accumulation of assets and liabilities of the distinct entities, but organization of such entity into one business.[1] Mergers and acquisitions among companies worldwide and in India have been increasing in the past few years. However, mergers in the non-profit sector have been very few in number. Nonetheless, this question can be answered in the positive. Primarily what is to be kept in mind is the structure of the NGO i.e., how has it been incorporated. In India, non-governmental organizations can be set up under various laws. They can be registered as societies, trusts, or non-profit companies, speaking broadly. Merging two non-profit companies would be a simple task, and would have to be done in accordance with the Companies Act, 2013. Merging other kinds of NGOs is slightly more difficult but isn’t unheard of.
Merger of two societies
A large number of societies in India are incorporated either under the Societies Registration Act, 1860 or their respective state societies registration Acts. This Act was passed by the British and was primarily based on The Literary and Scientific Institutions Act, which was passed in England in 1854.[2] Section 12 of the central Act provides that whenever the governing body of a society feels that it is advisable for the society to amalgamate with another society, such governing body may submit the proposition to the members of the society in a written or printed report, and may convene a special meeting for the consideration thereof according to the regulations of the society. However, no such proposition shall be carried into effect unless such report shall have been delivered or sent by post to every member of the society ten days previous to the special meeting convened by the governing body for the consideration thereof, nor unless such proposition shall have been agreed to by the votes of three-fifths of the members delivered in person or by proxy, and confirmed by the votes of three-fifths of the members present at a second special meeting convened by the governing body at an interval of one month after the former meeting.
Thus, an NGO registered as a society inter-alia is empowered to decide on its merger with another society, with previous approval of the registrar. However, a decision in this regard should be taken by the Cooperative Society in a special general meeting called for the purpose with two-thirds majority of the members present and voting for the resolution moved for the purpose. The Andhra Pradesh Cooperative Societies Act, 1964 is the only Act which prescribes the minimum quorum required to convene this meeting. As per this Act, the minimum quorum which can constitute the said meeting must be two fifth of the total number of members of each society.
Several states have made amendments to the main Act and provisions for merger, if any are governed only by the respective states and not centrally as the Act is silent on this part. The various ways of merging two societies in a few selected states are as follows:
Telangana
Section 9 of the Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 provides that by a “special resolution”, a society may alter the provisions of the memorandum with respect to change of objectives, to amalgamate itself with another society, or divide itself into two or more societies. For this, you need to convene two special meetings of the general body. Two-thirds of the members should approve the change in both the meetings.[3] Two-thirds of the members have to approve the change in both the meetings (Section 9). The time gap between the two meetings is not given. However, this is generally one month. Any alteration should be reported to the Inspector General of Registration and Stamps, Andhra Pradesh. The Government can pass an order to merge two societies or dissolve the society. However, in all the cases, the Government has to write to the society. In case of merger or division, the Government has to write about the proposal. In case of dissolution, the Government has to issue an order giving reasons for dissolving it. In both the cases, the Government should also consider any arguments by the society against the proposed order within a reasonable time.[4]
Andhra & Rayalaseema
Societies Registration Act, 1860 as amended by President’s Act No.10 of 1954 is applicable in this region. You can alter the objects of the society, or merge with another society. Two general body meetings are to be convened (at interval of one month). Three fifths of the members have to approve the change.[5] The Government can issue an order to merge two societies or divide or dissolve the society.[6] However, in all the cases, the Government has to write to the society. In case of merger or division, the Government has to write about the proposal.
Arunachal Pradesh, Assam and Bihar
Societies Registration Act, 1860 is followed wherein to merge with another society, two general body meetings will have to be convened and three-fifths of the members have to approve the change.[7]
Delhi
Two general body meetings need to be convened at the intevnal of one month. Three-fifths of the members have to approve the merger.[8] The change of name will turn out to be operative only when sanctioned by the Registrar (Section 12A). The change in name will not upset any rights or obligations of the society. It will also not disturb any legal proceedings by or against the society (Section 12B).
Gujarat
The conditions for merger are the same as stated in the preceding paragraph except that the alteration of memorandum of association shall not take effect until it is sanctioned by the Registrar who shall, before granting such sanction, satisfy himself that the alteration is not such as would have the effect of making the society ineligible for registration under this Act.[9]
In case two societies having operations in two separate states wish to merge, they should first be registered under the Multi State Cooperative Societies Act, 2002. They can merge by a resolution passed by a majority of not less than two thirds of members present and voting at a general meeting. The said resolution must contain all particulars of the amalgamation (Section 17(3)). The society concerned having extent of operation in more than one state must give notice on the subject in writing to all the members and creditors and irrespective of anything to the contrary contained in the bye-laws or contract, the members and creditors shall have the choice of withdrawing their shares, deposits or loans within a period of one month from the date of service of the said notice (Section 17(4)). The members or creditors who failed or declined to exercise their option within the specified period of one month shall be deemed to have agreed to the proposals contained in the said resolution (Sec.17(5)). The said resolution will not take effect until the assent of all the members and creditors has been obtained (Section 17(6)(a)).
Merger of Trusts
There is no central Act that governs trusts, but each State has enacted its own Act that governs trusts. Section 50A(2) of the Bombay Public Trusts Act allows two or more public trusts to be amalgamated or merged into one single legal entity by framing a common scheme of management or administration. Private trusts do not enjoy the same status and benefits as those of an NGO/public trust. Moreover, most of the trust deeds contain an amalgamation clause which proves useful in cases where two public trusts are to be merged. It should be noted that there are no provisions for merging a public trust with a society.
Merger of non-profit companies
Companies incorporated under Section 8 of the Companies Act, 2013 (Section 25 of the 1956 Act) are non-profit companies. These may be founded upon social or religious purposes for the welfare of all. These may be incorporated for the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object. The company registered under this section shall enjoy all the privileges and be subject to all the obligations of limited companies. Section 8(12) provides that a company registered under this section can amalgamate only with another company registered under this section having similar objects. However, in case such a company wishes to merge itself with a company of another kind, Section 4 provides that it can seek approval of the Central government to alter its memorandum or articles and after complying with the conditions as prescribed.
Thus, a merger between two NGOs is not impossible at all if certain legalities and procedures are taken care of and complied with. There have been several NGO mergers worldwide and the reason is that it is an effective way to deliver better services at a lower cost. Often times, it also saves the weak NGOs that are finding it difficult to fund themselves. What is needed is more awareness that these kind of arrangements are possible, and a positive approach towards the same.
[1]Nishith Desai Associates, Mergers and Acquisitions in India, available at: http://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research%20Papers/Mergers___Acquisitions_in_India.pdf(Last visited May 31, 2016).
[2]Societies Registration Act, available at:http://www.mca.gov.in/Ministry/actsbills/pdf/Societies_Registration_Act_1860.pdf(Last visited May 31, 2016).
[3]Section 9, Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350.
[4]Id.
[5]Section 12, Andhra Pradesh Societies Registration Act, 1860.
[6]Sections 23 and 24, Andhra Pradesh Societies Registration Act, 1860.
[7]Section 12, Societies Registration Act, 1860.
[8]Id.
[9]Section 4, Gujarat Societies Registration Act, 1978.
Handling Law School Bitchiness
You will always meet, a bunch of people in law school, whose part time occupation is being a bitch (no gender specification intended). These people are afflicted with the obsession of passing unwarranted comments and judgments about others. These are the people many of us are indifferent to. Some of us want to break their jaws while many want to throttle them to death.
Law School Bitchiness
- These are the people in the neon green pants who comment about your pink Capri,
- These are the people who hardly speak in class but would criticize if you speak in class,
- These are the people who don’t have many friends but would treat you as an outcast,
- These are the people who would spread rumors about your relationship status that even you don’t know about.
- The exact species, type, nature, actions may vary. But the bottom line is that these people scathe you, mentally, emotionally, socially and in all the other ways they can possibly do so.
Asking, why do they do that, would be funny. It is like asking, why do elephants have trunks and why does a dog bark!
Still, if we try to find out reasons, it would just zero down to either their insecurity- leading to the need to grind others to the ground. It makes them feel that they can stand out, it solaces them or maybe we can just write it off to their sadistic nature.
We might pity their joblessness or their obsession with others, and pays them little attention, but at one point or other they sort of succeed in punching a pin on you. It ruins your good state of mind, you end up being angry or sad for no good reason, and the negativity of the law school bitches rub off on your soul.
How can you prevent that from happening?
Tit for Tat-
I read a story about tit for tat in my school English Book though the details have faded from my mind, but the message of the story is something I remember quite distinctly. If somebody is trying to screw around with you, give it back to them, left, right and center. If saving yourself from unnecessary comments and the other similar jazz means giving the shrewd glance and applying some crooked tactic to save your ass or kick the person in the ass who is screwing up with your life, means being a bitch, then just be one. Flaunt your bitchy side. It just functions this way. Feel free in asking such people to eat up some makeup so that can bring some beauty to their inside as well.
Ignore/ Indifference/ Inadvertence –
Though, I like to follow the first principle, some people are so filthy that you can’t possibly bring yourselves to talk to them. Even though they are a nobody to you, they would keep on poking their nose in your life in all the ways possible under the sun. The funny thing is many a times they would bitch about you to your best friends which as obvious as it is, you would come to know. Trying to understand their logic and mindset is futile, maybe because they don’t have any. I personally love to maintain distance from such fatuous people. Dealing with them is like hitting your head on the wall. The instant message: if you pay heed to them, it would just affect you. The only way you can deal with them is when you have bought some brains for them, which I’m afraid is generally not available in the market.
I have seen law school bitchiness taking a toll on many peoples’ lives. While many wonders that what wrong did they do to get such wicked people to cling to their neck, while the others follow the tit for tat principle. Whatever you may think, as far as the doing part is concerned, the bottom line is, don’t succumb to it. If you act like a doormat, no wonder, people would walk over you. Whether you act over such bitchiness or ignore it, just make sure, it does not affect you or drench you with the shower of negativity, that you just lose what you have in you. I guess, one rule that works well in law school is to remember “you are the best, who the hell cares about the rest!”How do you deal with bitchiness, in any case? Share your wisdom in the comments.
– By Srishti Aishwarya, 4th year, NUJS
What Do Law Students Do if They Can’t Land a Law Firm Job?
What do all the law students who don’t get a law firm job do in their lives?
Here are some of my favourite answers:
They go back to their home town and start practicing, slowly build up a reputation and a thriving practice.
They join LPOs, in a few years reach a management role, enjoy a great career after that.
They find a place with very less salary with a HC or SC lawyer, learn the ropes over the years and emerge as high flying, high earning lawyers.
They work with NGOs and do great impactful work and enjoy a fulfilled life.
They go into an academic career, do great research,<!–more–> land good scholarships to study abroad and help to close the gap between demand and supply of good teachers in Indian law schools
They crack judicial services exams and become judges
They start or work in a legal startup, learn practical skills and become useful professionals doing meaningful work
They learn practical skills and become business consultants (check out http://startup.nujs.edu/course-syllabus for a few ideas)
They do MBA and change career track entirely and find work that they enjoy
The list could go on. Don’t give up too fast, too easily – there is a world of possibilities. Go out and explore instead of being fixated on law firms.
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