5 ways in which working in Abu Dhabi as a lawyer is different than working in India

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October 11, 2015

How it is to work as a lawyer in Abu Dhabi after graduating from India as a lawyer? Mahima, a legal consultant in Abu Dhabi, UAE, shares her first hand experience.

Having graduated from Jindal Global Law School earlier this year, it was time for me to work over my career options that although seemed arduous in the start, eventually led me to working with a local firm based in Abu Dhabi, United Arab Emirates. Since I had studied the five year integrated BA/LLB course in India it was a challenge in the beginning to cope with a new jurisdiction within the first year of my professional experience. However, it has been a lucrative and fruitful experience to the extent of building a momentum whereas it comes to my growth in the legal profession. One of the fundamental questions I’ve persistently been asked by my peers and fellow graduates from India is this: what are the differences I face in my working as a lawyer in Abu Dhabi as compared to India. This blog attempts to highlight five fundamental differences, which I hope will assist every Indian lawyer attempting to pursue their legal career within the United Arab Emirates.

Difference 1#

Civil Law vs. Common Law

One of the main differences between the two jurisdictions is that while India has remained a common law system, highly attributable to strong legal developments from the colonial times, UAE follows a civil law system.

In India, higher court judgments bind the lower courts to act in light of their judgments since they form precedence and as Indian lawyers, every case we work on requires our in depth knowledge of the case history to understand and trace the law within such judgments.

This is not the case in UAE since higher court judgments only serve as a referential guide and is not binding on the lower courts. They are merely looked upon to clarify the position of the law but not as binding precedents.

There are advantages and disadvantages to both the systems because as an Indian lawyer if I am to advise my client on a certain issue or matter which we hold contentious we are somewhat certain of the route the Indian courts will take in dispensing that judgment, whereas in UAE when we advise our clients we like to create a more ambiguous picture since no previous judgment remains binding and cases are largely assessed on a case to case basis which somewhat makes things slightly uncertain when trying to assess what route the courts in UAE will adopt. The disadvantage for the former common law Indian system is that when conducting research, our primary focus lies in using the law and researching through all the judgments passed on that matter which implies sitting behind books and spending hours trying to understand what the higher courts may have ruled over a particular issue. This is an advantage in UAE since our focus remains on researching the law, but primarily using legal strategy to advance a strong case for our client and that requires a strong legal acumen and understanding of the operation of laws and their application.

Difference 2#

Working with International lawyers on a level playing field

UAE does not restrict the entry of foreign law firms and some of the best international law firms have their offices based in the Emirate of Abu Dhabi as well as Dubai such as Allen & Overy, Clifford Chance, Latham & Witkins, White & Case etc. For any law graduate who interns in their offices here, they become well exposed to the workings of such firms and have an added advantage when applying for their training contracts. For professionals working in Abu Dhabi, one is constantly in interaction with these firms and as a first year professional here, this has been one of the very rewarding experiences. You get to udnerstand understand what sets the benchmark of these law firms higher than the rest, which in turn enhances your own personal growth in the legal field.

In addition, some of the international law firms have even undertaken mergers with local firms such as Baker & McKenzie with Habib Al Mulla. In India, the laws and judgments such as the 2009 Bombay High Court and the earlier Madras High Court verdict have rendered it impossible to open foreign law firms in India. Practically however, there had been a strong practice of maintaining friendly relations with foreign law firms. Still, there is no scope of a direct presence of foreign law firms in India. On a policy forefront this has been widely debated this year and bodies such as the Society of Indian Law Firms who earlier maintained a rigid stance on not opening the Indian market to foreign law firms are now proposing a phased sequential approach to allow entry of foreign consultants and foreign law firms in India. It seems India will still take a while to allow entry of foreign law firms.

https://lawsikho.com/course/certificate-criminal-litigation-trial-advocacy — click above

Difference 3#

Practicing litigation is not much of an option in UAE for foreign lawyers

One of the major setbacks in UAE as an Indian graduate is that, other than the free zone areas such as Dubai International Financial Centre, which have their own set of laws, litigation may not be a very feasible career option to pursue here for Indians or other foreign lawyers. To plead cases before the UAE courts, one is required to not just be well versed with Arabic (which is the official language of the courts) but as is the most common criterion, also be a UAE or GCC national. Foreign consultants and foreign lawyers are usually never allowed to plead cases before the courts and while there maybe different practical methods adopted, it is still a restrictive legal career option in UAE.

Compared to this, a large number of corporate lawyers in India transition into litigation or arbitration, and if they don’t it remains an option one can consider anytime.

Difference 4

There is a lot more to do in legislation and policy expansion space

Since the constitution of UAE was adopted in 1971, one of the biggest advantages for an Indian law graduate who has been exposed to laws dated back to colonial times is using that knowledge and developing additional legal skills when working on policy matters and development of laws here in the UAE. As a lawyer one becomes an active participant in the formulation of new laws and amendments since in comparison to India, there is huge potential for legal developments in UAE. This is highly advantageous because it helps identify legal issues, lacunas, strengthen legal research skills as well as in understanding the entire mechanism and workings of new laws. It also exposes you to understand the impact of culture in developing a law that is predominant in UAE since Sharia is considered one of the primary sources of law.

Differece 5#

Size of big law firms is different in UAE

The size of the big and leading law firms in UAE being approximately 90-100 lawyers while in India the big law firms are approximately 500-600 lawyers. I found law firms in UAE to be smaller in size to than that of an equally placed firm in India. This could be attributed to the demographic difference whereby India ranks much higher than UAE. However smaller sizes can be beneficial for beginners like me. Since the law firms in UAE are smaller in size, as a lawyer you witness no hierarchy because when working on projects and legal matters you work as a single team with the senior associates. This becomes particularly important when developing one’s legal skills since it enables you to derive a lot of knowledge from the direct interaction and collaboration with your seniors and so far as a personal experience this is something I have witnessed first hand.

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A Trip To Remember: Legal Delhi

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October 11, 2015

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Add To Your Law School Wishlist: A Trip To Legal Delhi

Story of a GLC student’s trip to the legal power center of the country, Delhi. This article was originally published in a First Taste of Law and is being republished here.

Now we bring you a wishlist. Ever wanted to meet Shashi Tharoor to ask him about Bookless in Baghdad? Did you ever fancy a candid conversation with Ram Jethmalani? Want to listen to President Pratibha Patil share her experience of flying a fighter plane? Want to have breakfast with the President, and then go on to socialise with Fali Nariman in the evening? Well, some students from Government Law College did just that, very recently. While Dhwani Shah, a 1st Year student of the Government Law College, Mumbai can not go back in time like Hermione Granger, she can relive the experience for the readers of this blog. The program which made it possible for her to do all the things described here is unique and fairly exclusive, and to our knowledge no other college or university organizes such an event. Do you think it is the time that things changed?

It’s kind of strange, travelling with a group of people you’ve known for barely a few weeks to a city you barely know. There are some things that you are very skeptical about, and they turn out better than you could have ever imagined.

The Tour: A grand agenda

The ‘Delhi Study Tour’ organized by the Government Law College, Mumbai, is one involving a visit to the Parliament and the National Human Rights Commission, witnessing proceedings at the Supreme Court of India,interacting with dignitaries such as the President Pratibha Patil, Chief Justice K. G. Balakrishnan of the Supreme Court, Chief Justice Ajit Prakash Shah of the Delhi High Court, and stalwarts such as Shashi Tharoor, Soli Sorabjee, Ram Jethmalani, Fali Nariman, Shyam Diwan, Ravi Shankar Prasad and Milind Deora.

The selection process

Over 200 students from the five years’ law course, as well as the three years’ law course of the Government Law College, had applied for the tour. Every applicant was required to submit an essay on Section 377 (readers will recall this, as the section criminalising homosexuality, has been in controversy because of Delhi High Court holding it unconstitutional this year; the appeal before Supreme Court is pending) either as an appellant or respondent. All applicants were then called for a personal interview on the basis of which the best 24 were selected.

The journey and experience

The cool and dry weather in Delhi added some extra excitement to the trip. We stayed in Delhi for 6 days and were put up at a neat little place known as the Ginger Hotel (formerly the Rail Yatri Niwas). I am surprised that it is not over booked, considering the rates and the quality of rooms that are available.

The First Day

The first day we visited the NHRC and interacted with the senior researcher present there. We spoke on issues about human rights such as rights of homosexuals, right to privacy and the basic right of freedom of speech and expression.

Later, on the same day, we met Mr. Shyam Divan and spoke to him about the issue of Justice Dinakaran, his take on the discipline of the Bar Council and implementation of environmental laws. Mr. Divan had a certain aura and authority in his voice and we were totally in awe of him.

The Parliament

The next day(8th dec,’09) we visited the Parliament and witnessed the discussion on the Liberhan Report. We heard a few Parliamentarians speak and Speaker Smt. Meira Kumar had a tough time in controlling the House. I felt that what the media shows of the Parliament are a hyped up version of the reality and the actual content is never shown!

The Great Courts of Delhi

We were really lucky to meet Chief Justice Balakrishnan. Honestly, I don’t quite remember what we spoke about because my mind was just reeling with, “You are sitting just a foot away from the Chief Justice of India!” We were lucky enough to have been able to meet him, as the next day he had been admitted to the hospital on account of bad health. I solemnly swear we had absolutely nothing to do with this!

After this, we visited the Delhi High Court and the Arbitration Centre where we met Chief Justice Ajit Prakash Shah of the Delhi High Court, who spoke to us at length on the Naz Foundation case and other pressing socio-legal issues faced by the judiciary.

Meeting the Politicians and the Bureaucrats

On the 9th, we had an appointment with Mr Milind Deora and Mr Shashi Tharoor. It was very encouraging to see how candid they were to us, given that we are all only students in law school. In the evening, we interacted with Mr Ravi Shankar Prasad and asked him questions involving what went wrong at BJP’s end. He was very calculative in his replies but very inspiring nevertheless.

Proceedings at the Supreme Court

The next day we witnessed the Supreme Court proceedings. Being a first-year law student, this was the first proceeding I had had an opportunity to witness. Honestly, twenty minutes were not enough to understand a case. It was interesting to observe how time was allocated amongst different cases, so that all the cases scheduled for the day would be heard and so that the proceedings could move forward. The judges allotted a fixed 30 minutes for completing a case. Cases which could not be discussed within the stipulated time period were postponed to a later date, and other cases were proceeded with so that no case was left unheard for the day.

Meeting with the President

The next day’s first appointment was President Pratibha Patil. It was an unbelievable experience. Initially, it took time for the thought to sink in. We were actually going to meet the President of India in person! We were served breakfast at the Rashtrapati Bhavan early in the morning and taken to a brief tour of the place. I was amazed by its grandeur – the Rashtrapati Bhavan is the biggest residence of any Head of the State in the world. After a tour of the Rashtrapati Bhavan, we eagerly waited for the President to enter … and then the doors opened … and we saw her! During the course of the interaction we were made privy to her experiences at the Government Law College and her impression of her recent experience of the Sukhoi 30 MKI (she is the first woman head of state to fly in a fighter aircraft).

And the Lawyers

We also met Mr Fali Nariman on the same day. We spoke on past issues about the Bhopal Gas Tragedy (students of law of torts would be familiar with this) and Kesavananda Bharati v. the State of Kerala (the Basic Structure case, which is the Holy Grail of constitutional law in India, as law students and practicing lawyers would vouch) and his experience during the Emergency. His sense of humour was illustrative of his humility. Mrs Dorabjee Nariman was also present at the meeting. She is a fine lady and the hospitality was excellent.

Mr Soli Sorabjee and Mr Ram Jethmalani were an absolute delight, totally candid and it was an experience interacting with these veterans. The questions asked revolved around the rate of disposal of cases, their opinion on the declaration of assets by the judges and the discipline of the Bar Council. We also asked them about their journeys so far.

Interacting with Law Firms

We had also had a sponsored dinner at Pot Pourri at Connaught Place, with the senior partners of J. Sagar Associates- Mr. and Mrs. Basu and associate Nishant Beniwal. In many senses, this was an unusual evening.

Dinners and shopping

By the end of our trip, we had seen a sizeable portion of the megacity of Delhi. We had experienced both – the local street food and the extravagant dining out places. We had visited the Delhi Haat, had a dinner at Bengali Market (famous for its chaat as connoisseurs would recall) and a fairly luxurious (and expensive) dinner at Big Chill at Khan Market.

The last day of the tour, of course, was reserved for some local shopping experience, to feel the pulse of the city. We shopped at Janpath and Connaught Place. An overwhelming feeling of nostalgia was gripping me, and I wished that the tour had lasted longer! You know, the emotional sentimental thing about how all good things come in small packages and they always end even if we wished they’d last a little more! All the pranks, a drunk somebody, the perfect weather and the most exciting interactions. But there are some things that you are very skeptical about, and they turn out better than you could have ever imagined.

4 books that can transform your outlook as a would be corporate lawyer

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October 11, 2015

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Catching the Corporate Train: Introducing the Star Studded Law Book Series

Do you really want to become a corporate lawyer? This article is being republished from A First Taste Law, and it was once very popular and you probably don’t want to miss this one.

Big money, glamor, publicity, bigger money, more fame, high-flying lifestyle, luxuries and so on. Do you think there is anything that is coming between you and your success? Like bad faculty, lack of inspiration, or just not knowing where to start? Are you afraid that your law school dream of becoming a high-flying corporate lawyer is turning into a nightmare because of stupid teachers, bad CGPA, may be, some unintended mistake? Or are you the average law school stud having numerous publications and stratospheric CGPA and internships lined up next summer but still unsure about how you can take your career to the next level, from being an amateur to a professional? Then read on. Ramanuj Mukherjee and I, Abhyudaya Agarwal will bring you a series of posts on how you could make your exploration of business affairs around you more interesting in a radically new and different way – by getting acquainted with some of the most path-breaking ones that have shaped our world today.

This post should be read by students looking for their first lessons in business and law, to form an idea as to how to combine business and law, and you are looking for books that can change your life.

Dreams of making it big

Most of us start out with glorious dreams of being able to become celebrity lawyers if we are able to make it to a top-rung National Law School / University. Often, we have preliminary notions of how we plan to realize our dreams. Some of us want to become corporate lawyers and work on big ticket transactions (read on lawyers’ salaries here).

Some of us are tempted into the realm of corporate law by the money it offers. Some of us really like the charm of courtroom argument and want to litigate in courts, even if it involves a long grind with little pay initially, but need to pay off that irksome student loan that was undertaken to pay our fees through law school (read about fee hikes in law schools here), so we just have to practice in companies or law firms because we NEED the money to pay off the loan.

Still others practice corporate law so that they can sponsor their higher education in a top Ivy League Law School or UK University of their choice and pursue a renowned academic career. At the end of this, the truth boils down to the fact that most of us end up being corporate lawyers, at least for some part of their legal career.

We work hard to be at the top of the class, often eagerly waiting to learn corporate law, sometimes, but only sometimes, reading about it way in advance, knowing that our flair for corporate law will, in some way be a determining factor in the realization of our dreams.

Stuck in the middle of nowhere

By the around middle of the 4th year, most of the excitement fizzles out – unfortunately, there are few good corporate law teachers in India. Of course we are grown up and can learn a subject on our own if we really want to, but somehow most of us don’t. Very often than not, it is either not knowing how to start, or just lack of enthusiasm. Maybe you try to read a corporate law textbook and fall asleep within minutes, because corporate law explained in textbooks is dry and fails to give us the bigger picture, or the context in which corporate law is practised. Some feel it lacks the excitement that, say, of thrilling cases or dramatic cross-examinations in criminal law, or the realpolitik and strategy games of international law, or the subtle manoeuvres or epoch changing amendments and decisions in constitutional law. At least to some of us, there seems to be no ‘pulse’ about the entire subject of corporate law.

Having done internships at various top-tier law firms and companies for practical experience, one realizes that corporate law is best learned by experience. The theory may not count for much. Such disillusionments often lead to skepticism about learning any law, especially corporate law beyond what you need for grades and exams. Attempts at self-learning may not seem appealing any longer when you feel nothing but practical experience is relevant or adequate. Naturally, it may seem the best idea to just focus on being at the top of the class, or lose out in the rat race and hope that something works out during the internships or later on. That’s it, and you have forgotten about learning the corporate law.

Shedding the myths

The above explanation is largely true – like anything else, whether it’s playing guitar or cricket, learning through practice is the best way of learning. Anyone will tell you that being a successful corporate lawyer is something that requires more than just immaculate knowledge of the corporate law. It requires, in addition to basic research and drafting skills (acquired by almost all of us through writing projects or mooting during law school), it requires great social skills, including the ability to interact with people, network (yes, Facebook and Twitter can be important here!) and convince.

Of course, a point-blank description of any soft-skill is vague and gets us nowhere. But if you can witness how THE SMARTEST LAWYERS have used their wit to fundamentally change the course of lawyering history, you could get a great headstart. If you read about certain selected EVENTS and PEOPLE in the world of business, you can learn how pathbreaking real-life situations were dealt with, without actually having been in one, so that you grow an idea of the business world and where law fits in, to develop an understanding of the role of a corporate lawyer in that context. This will not only give a direction to your ambitions but will also give you ideas as to the many possible paths that lead to your target.

By vicariously participating in the working of international law firms in the middle of blockbuster deals through books, you will, if nothing else, know what you could expect in a law firm, what is expected of you by the firm and the essential qualities of a successful corporate lawyer. These could very well be the missing ingredients in your law school recipe.

As a matter of fact, there are books like that. A lot has been written on corporate activities, political gambits, mind games and deft strategies. Just as Granville Austin (as students of constitutional law would know) can describe the politics behind the shaping and interpretation of our Constitution, the inherent politics in company affairs has been witnessed, studied, and chronicled – all you have to do is FIND it.

The quest I am talking of is an exciting one. The best part of it is that the whole exercise will tremendously increase your worth to anyone who is dealing with you as a corporate lawyer. If you have any idea about corporate law internships or recruitment interviews with either Indian or foreign firms, you will know what I am talking about. Above all, when you read these books, you can actually FEEL the excitement of being a great company lawyer, and that will often INSPIRE you to surge ahead with your pursuits.

What is even better is that you don’t have to know any corporate law to begin reading them. You can start now, irrespective of who you are, a law aspirant, aspiring investment banker, final year law student or someone planning to become a company secretary or accountant.

Dramatis Personae

(Note that this is NOT A SPOILER, as I shall try to initiate and guide you through the books instead of revealing the plot for you, so that you have some background and context about the turning events and are able to put them in perspective. That may make you enjoy the book more as you reach the key parts, and, most importantly, imbibe the lessons from what you have read, in your future endeavours of becoming the corporate star of your era.)

The books I plan to introduce to you, in a series of posts, shall be:

Cold Steel: Lakshmi Mittal and the Multi-Billion-Dollar Battle for a Global Empire (Authors: Tim Bouquet, Byron Ousey. Year: 2009) (buy the book from Amazon. This book describes how the biggest steel company in the world, run by Mr. Lakshmi Mittal, grew so big, and how it acquired its biggest competitor, to get even bigger. The man who runs it, Mr. Lakshmi Mittal, was an ordinary Marwari boy who started out from Kolkata (which, incidentally is also the city where I study).
Barbarians at the Gate: The Fall of RJR Nabisco (Authors: Bryan Burrough, John Hellyar. Year: 1990. Republished subsequently in 2003 and 2008) This book is set in the late 1980s and is considered to be the best business book of all time by a number of lawyers and investment bankers. It is about reputation, greed, egos, and most importantly, big money. In fact, it is astonishing to see how one deal can spawn so much drama and action, to the extent that the publisher of the book republished it in 2008, to mark the 20th anniversary of the deal. Frankly, it is about corporate excess. It is about the crowning of the world’s most reputed private equity firm, known by the name of Kohlberg, Kravis and Roberts.
Liar’s Poker: Rising Through the Wreckage on Wall Street (Author: Michael Lewis. Year: 1990)
Wall Street Meat: My Narrow Escape from the Stock Market Grinder (Author: Andy Kessler. Year: 2004) (together in one post)

These books are set about a decade apart from each other, are about the meteoric rise of the investment banking business in the United States. Liar’s Poker is on the evolution of an investment bank (the highest salaries offered to IIM graduates as reported in the media are generally offered by investment banks) – Salomon Brothers, where the starting salaries, even as far back as the 1980s hovered around 100,000 US dollars a year. It chronicles the development of a niche market, an abuse of which, one can safely say, has led us to the financial crisis (without attributing any blame to any of the organizations involved). It gives us a bird’s eye view of the firm’s archrival – Drexel Burnham Lambert, an organization we brush against in Barbarians at the Gate.

Wall Street Meat is, well, about investment activity in the early 1990s – it is about picking up stocks, analyzing which sectors are growing, and it also captures very well the internet boom era in a very gripping way. The authors of both books have worked in the organization they have described in their book and subsequently left to pursue other callings, which include setting up their own investment firms or funds, to writing.

Skadden: Power, Money and the Rise of a Legal Empire (Author: Lincoln Caplan. Published: 1994)

This book is on the founding and unbridled expansion of one of the world’s largest law firms, how it created a new market for itself and maintained its lead, far ahead of the rest, how its internal management practices were – futuristic, to say the least. To catch a glimpse of its repute, I want to bring to your attention that the firm features in two of the four books above, each of which entirely focusses itself on one deal. This book is for every lawyer and investment banker who is curious about mergers and acquisitions (M&A) activity, as it took off in the United States in 1980s after a paradigm shift in the techniques.

Where the paths meet

You might ask me why I have chosen these books. Is it pure chance or serendipity, or is there a hidden design behind the choice and order? Well, I must say that the books are a random selection of some pathbreaking events. However, there are some common strands of thought that are common to all of them. They are all about espionage, secrecy and security leaks. These are not necessarily terms featuring exclusively in vocabularies of secret service agents from Mossad, CIA or computer programmers, but are equally important in the planning of headline making and hitherto unprecedented deals in modern business life. Every actor in a team represents the movers and shakers of the world in their own field.

The books are all interconnected, to a great extent. The people and organizations we are introduced to in one book are often featured in others as well. Sometimes we see them on the opposite side of one deal, and at others we see them after a generation.

Often, the hotshots in one law firm will be seen to have left the organization where they built world-class niche practices to set up their own boutiques, leaving a void in their parent organizations. Well, there may not be substitutes for them, but there are still brave and courageous people in the world who have dared to venture out once again into the unknown, to regain the lost glory of their organizations, and make a name for themselves. It is all about entrepreneurship, connections, knowledge, of course, and, don’t forget the key elements of any move – speed and timing.

For lawyers, the books are about an army of lawyers tackling mind-boggling intricacies posed by legal and regulatory systems, juggling through laws of several countries and using the loopholes of each to their advantage. Every trivial piece of legal information, even if it is something that one only has a whiff about, has been put to good use. In these thrilling stories, secret service agents or crpytographers of your usual thriller have been replaced by lawyers, investment bankers, company CEOs and public relations heads – all the people you are likely to be dealing with, if you are in the corporate world.

Come back next week to read about Cold Steel, the first book to be covered in this series. To be sure that you don’t miss it, you can subscribe to this blog by submitting your email address in the box on the top right corner.

Why did a Civil Services aspirant from Jindal Global Law School pursued NUJS Business Law Diploma Course

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Ramanuj

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October 11, 2015

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Yashvardhan Pratap Singh completed the NUJS diploma in Entrepreneurship Administration and Business Laws in 2015. He has interned with prestigious organisations like is ONGC Videsh Ltd and various lawyers.He is currently preparing for civil service examination.

As a part of our exercise of talking to students and alumni where founders directly take structured feedback, we asked Yashvardhan how the course helped him so far in his career and he had lots of positive feedback about the course. So we decided to share it with all of you as a success story. Over to Yashvardhan.

I was in my fourth year of BA LLB program at Jindal Global Law School when I enrolled for the NUJS diploma in Entrepreneurship Administration and Business Laws. I wanted to learn more about business law as I always felt that only the theoretical knowledge provided at the college would not help me in future.

I saw an advertisement of the NUJS diploma in Entrepreneurship Administration and Business Laws course online and I liked it instantly. I read details about the syllabus and curriculum and was confident that this would make me understand business law at a practical level. I was sure this course would guide me to the knowledge I’m seeking. The most impressive thing about this diploma course is that it has taken e-learning to the next level. The webinar series and the sessions with the industry experts and top lawyers gave an insight into the intricacies of corporate world. In short this has been the best learning experience I ever had.

It is a unique course not just in terms of business laws but in terms of understanding the needs of an entrepreneur and giving an insight into structuring and organizing businesses and new ventures.

Since my school days I wanted to clear the civil services examination and become a bureaucrat and currently I’m preparing for the civil services examination but I want to be very realistic and keep a second career option planned. In a situation where things don’t go the way I want I would like to build my career with a Law firm.

Moreover, I know that understanding startups and businesses better through this course would be an asset for me even if I become a civil servant. In light of the changing times, and the Prime Ministers agenda of buttressing India’s economy through startups, I think my choice of pursuing the course has been very timely.

The NUJS diploma in Entrepreneurship Administration and Business Laws is Boon for people who plan to work in corporate sectors, even those from non legal background can follow it easily.

This course has frankly struck the right chord with people who want to make it big in life …be it lawyers, entrepreneurs or even bureaucrats …I say even bureaucrats because today’s world is run by businesses and the bureaucrat need to have a fair understanding of the corporate laws. I’m sure this course would help me in once I’m a bureaucrat also.

The way India is becoming an investor friendly destination, providing a platform for international trade …this diploma would help a bureaucrat to have an idea about how businesses startup, regulations work etc. We have seen businesses complaining red-tapism and lethargy in bureaucrats. However if bureaucrat do this kind of courses they would have an insight into the Laws and working of corporate sector.

A bureaucrat has a lot of power and if they are equipped with right knowledge they can actually use their knowledge for the betterment of the society. I hope that I will succeed in becoming an exemplary civil servant and make a difference to the fortune of the country.

False Accusation Of Rape And Punishment For False Complaints In India

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Guest Post

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October 10, 2015

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This article is written by Dhruv Dikshit, a student of LC-II, University of Delhi, on False Accusation Of Rape and Punishment For False Accusation In India.

To invade someone’s bodily sovereignty without consent or to manufacture consent by unlawful means is an offence that cannot be described in its entirety. The victim of such an offence is subjected to mental trauma that leaves a scar which remains for the entire natural life of the victim and haunts the victim in unimaginable and unfathomable ways. The life of the victim can never go back to its original state.

To paint a picture, consider the perspective of the victim during the commission of the crime. The victim, unaware that such a grave violation is going to be subjected to her, is minding her own business when suddenly the perpetrator imposes his will onto the victim with absolutely no regard for the victim at all. The victim’s entire world gets distorted and disrupted. The thought of being absolutely helpless wherein no one comes to her aid and neither can she help herself and being treated as a subservient is damaging beyond any comprehensible measurable parameter. Furthermore, the social stigma attached to this horrendous act intensifies the impact on the victim. The Indian society attaches sacrosanct importance to the honour and chastity of women and that a woman without it is treated as an outcast and useless.

2013 Changes in Laws Related to Sexual Offences

The government being a welfare state has taken this aspect in account and to rectify the situation. After the Nirbhaya incident that shook the entire foundation of the country, the need to amend the laws regarding sexual harassment had become indispensable and the Justice Verma Committee had made recommendations which were incorporated into the Indian Penal Code the 2013 amendment has made even stringent laws to protect the women and to provide them a sense of safety.

Prior to the Criminal Law Amendment Act 2013, the law of the land stated that a man is said to commit rape if that man has sexual intercourse. But after the amendment, if penetration is made by any part of the body into any part of the victim’s body which includes penetration by an object, the said act is considered to be rape.

Furthermore, in case of gang rape, the amendment is even more stringent. Prior to the change, the minimum punitive quantum was 10 years which can extend to life which an added provision that under “adequate and special circumstances” the punitive quantum can be reduced below the minimum prescribed. This particular provision was repealed by the amendment to make sure that it cannot be exploited in any circumstance and the minimum punishment was increased to 20 years which may extend to life based on the circumstances of the commission of the offence and the gravity and magnitude of the offence.

The idea behind the sentencing policy is not full proof and there exist anomalies whilst dispensing sentences as it is the discretion of the judge to mandate a sentence. However, there exists guiding principles which must be kept in mind while formulating punitive quantum. Deterrence and retribution are used to an extent to induce fear into the society which in theory would make a potential perpetrator think twice before committing the act. Although, if the perpetrator thinks he can get away with the crime, regardless of the consequences he would have to face, he will eventually commit the act. To counteract the said guiding principles, there is reformative and rehabilitative aspects as well which focus on the rectification of mental faculties of the convict to make him understand that what he did was wrong and why.

False accusation of rape in India

Even a cursory reading of the new law on rape brings to light the exceptionally inclusive approach to provide justice in rape cases. However, it also raises the question that if such a law, that imposes the aforesaid heavy punishment, is misused then what are going to be the consequences for the falsely accused person. Without trivialising the issue of rape and the fact that it is rampant and a whole lot of cases do not even get registered with the police, one cannot ignore the fact that if a woman falsely accuses a man, the victimization of that particular person is going to humungous. The importance and gravity that will be attributed to the statement of the accused is going to be dramatically lesser than the importance and truth value that will be attributed to the supposed “victim”. Evidence and conduct does help to an extent, but what will a person do when the sexual act was done with consent and then later on the presentation of that fact is distorted and presented as a non-consensual act.

A dishonourable and disrespectful trend of registering false rape cases has come to the come to light. It makes the law that provides protection for rape a trivial. Moreover, it ridicules and lampoons the amendment and the fact that stringent laws adopted by the parliament to prevent crime against women have in fact resulted in the exacerbation of the current situation.

The Delhi Commission of Women (DCW) has come out with remarkably shocking statistics revealing that 53.2% of the rape cases registered with the police between April 2013 and July 2014 in Delhi were falsified. Furthermore, the report says that between April 2013 and July 2014, of the 2,753 complaints of rape, only 1,287 cases were found to be true, and the rest of the 1,464 cases were filed on false grounds.

The consequences of such a shift are extremely problematic and drastic. Firstly, it stereotypes the Indian male population and reduces it to only one thing which can be attributed to their personality. This reductive approach further intensifies hold of patriarchy as it is reinforcing and misrepresenting the progress that the country has made to rectify and eliminate the system of patriarchy. The fact that more than half of the cases registered with the authorities are false, brings to light the fact that rectification of the society has in fact had materialized changes in that aspect. However, prior to the exposition of this statistic, the message that was repeatedly broadcasted with every case filed to the society and to the international community is grossly misconstrued and radicalised and shows that India is regressing instead of progressing.

Furthermore, it produces a stark dichotomy in the Feminist movement which is anyway at a very nascent stage in India. The definition of feminism from equality has become fascism. The fact that women are filing false rape cases and simultaneously getting the support of such groups that help women who have actually been victimized, grossly trivializes the objective of achieving equality and mutual comprehension between the various genders. On one hand, the movement is trying its level best to spread awareness regarding equality and on the other hand when people get to know that rape cases largely are false, the society begins to associate that statistic with the feminist movement and which eventually delegitimizes the efforts of feminism altogether.

Amidst the haphazard consequences, the males who have in fact not done anything unlawful and are not in conflict with law are made out to be perpetrators as well. This further eliminates that fact that there are men who respect women and the law and eventually all the men are clubbed together as misogynists and chauvinists.

The report further revealed that between June 2013 and December 2013, the number of cases found to be untrue were 525. And in between, January 2014 and July 2014, the number of falsified cases was 900. The Delhi Commission of Women further had stated that it was investigating individual complaints of rape to ensure the victims get justice. However, it added that in many cases, the complainant was revealed to be prejudiced, and that revenge emerged to be the most common reason for filing a false accusation.

Last year, a Delhi court said that it’s “becoming a very difficult job, now-a-days, for the courts to differentiate the genuine rape cases from the false ones”, while acquitting the four of a family accused in the case. Recently, the Jaipur police busted an extortion racket run by a woman who had threatened men to pay her or face a rape complaint. Shamina Shafiq, of the National Commission of Women stated that “It is sad that people are misusing the rape laws to settle scores, while there are so many women who have nowhere to turn to in genuine cases. How will they gather the guts if this turns out to be the trend? A victim’s family will also dissuade her from complaining”.

Raising concerns over the “misuse of rape laws” for implicating men, a special fast-track court acquitted a man of rape charges and has directed the court official to initiate proceedings against the woman for giving false evidence before the court. Additional Sessions Judge Virender Bhat had stated that “This is a classic example of how men are being implicated in rape cases to settle personal scores. This is a perfect illustration of total misuse of rape laws…these women, who turn out to be the tormentors, and not the victims, should be punished under the appropriate provisions of law”.

Punishment for filing false accusation of rape

In case a false complaint has been registered or false evidence has been presented to prosecute an innocent person or any such intention exists to accuse an innocent individual, the Indian Penal Code has codified certain offences wherein falsifying has taken place and the following defences can be taken:-

Section 182: False information, with intent to cause public servant to use his lawful power to the injury of another person

Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant-

(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or

(b) to use the lawful power of such public servant to the injury or annoyance of any person,

shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

In the aforementioned section of IPC, if a person has provided false information to the police which is false and still has been deliberately provided to the police in order to trigger wrongful proceedings on to the other person out of vengeance and cause mental harassment to the said person, shall be dealt with by mandating a punitive quantum which may extend to 6 months.

Section 186: Obstructing public servant in discharge of public functions

Whoever voluntarily obstructs any public servant in the discharge of his public functions shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

Section 191: Giving false evidence

Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.

Section 192: Fabricating false evidence

Whoever causes any circumstance to exist or makes any false entry in any book or record, or makes any document containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding, is said “to fabricate false evidence”.

Section 193: Punishment for false evidence

Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine, and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Section 195: Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment

Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence whichby the law for the time being in force in India is not capital, but punishable with imprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished.

Section 196: Using evidence known to be false

Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.

Section 199: False statement made in declaration which is by law receivable as evidence

Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.

Section 200: Using as true such declaration knowing it to be false

Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

Section 211: False charge of offence made with intent to injure

Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;

and if such criminal proceeding be instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Furthermore, under section 340 of Code of Criminal Procedure, the law states that there are two conditions subject to which a complaint can be filed against a person who has given false affidavit or false evidence in a proceeding before a court. Firstly, the person has given false affidavit in a proceeding before the court and, secondly, in the opinion of the court, it is expedient in the interest of justice to make, an enquiry against such a person in relation to the offence committed by him.

Add to that, a notice is issued to certain police officers under this section for an enquiry to determine if false evidence was fabricating record and putting up a false case.

Preventive measures when faced with false accusation

One must always file a counter FIR in case a false complaint has been registered as that would immediately bring to light ambiguity regarding the case and appropriate investigation will take place.

However, there is no codified protocol or procedure that one needs to follow in case a false RAPE complaint has been filed against an individual, but certain measures can be taken to make sure that further misappropriation and misconstruction does not happen:-

A reputable defence lawyer must be consulted or hired immediately. If one can afford to pay then one must not think twice before making such an investment as the trade-off will be remarkably detrimental.
One must not speak to the police or any other authority without the presence of his lawyer as that would further prevent any arm twisting. Even though a person is innocence but a false judgement can still be dispensed if it is not argued vehemently.

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Chirag M Narasimiah got a PPO from SAM when he was in 4th year. How did the NUJS business law diploma help him?

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October 10, 2015

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Chirag M Narasimiah completed NUJS diploma in Entrepreneurship Administration and Business Laws in 2015 and is now studying in the final year of LLB at Gujarat National Law University (GNLU). In his 4th year, he received a PPO (pre-placement offer) at Shardul Amarchand Mangaldas. Previously, he has interned with prestigious Law firms like Amarchand & Mangaldas & Suresh A Shroff & Co, J. Sagar Associates and Samvad Partners.

We asked Chirag how the course helped him so far in his career, and he was more than happy to share his feedback about the course. So we decided to share it with all of you as a success story. Over to Chirag.

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I had consulted my friends before joining the diploma course and the feedback I received from my friends was very encouraging. They told me that the approach of the course is very practice oriented. The diploma course provides a practical perspective to law which is missing in classroom studies and discussions.

At the time of joining the course, I had decided to pursue my career with law firms and it was a natural progression for me to join this course. I’m very happy with that decision of mine because I feel that my purpose of joining the course was well served. The course was very well structured and the process of pursuing it was smooth. It encouraged me to apply my knowledge and logic rather than just memorize theoretical knowledge. I’m very confident that this practical approach would help me when I start working at law firms.

I particularly enjoyed the drafting exercises because this would be the kind of work I will be doing when I will be working with law firms. This exercise gave me a firsthand experience in drafting. Another useful skill I learned from the course was due diligence. During my internship, I was involved in due diligence and I feel that the course really helped me as it covered due diligence in a detailed manner.

I strongly believe that mentioning the NUJS diploma in Entrepreneurship Administration and Business Laws in my CV made me stand out and helped me get shortlisted for interviews. Apart from interning with several prestigious law firms including JSA and AMSS, I have advised my friends who have started their own business.

The way my friends recommended this course to me, I would recommend the NUJS diploma in Entrepreneurship Administration and Business Laws to anyone who asks me for a feedback, especially if they are law students looking to quickly learn a lot of useful lessons that will help them to perform well at internships or interviews for corporate law firms.

How to work less and do more

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October 9, 2015

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“Your systems can handle a dozen projects at a time, but you have limits. Our Technologies have sped up the world so we do not wait for the world anymore, the world waits for us. We are the limiting factor.”

Stever Robbins (the Get-It-Done guy)

The above insight is taken from this book called “9 Steps to Work Less and Do More” that recently came out of St. Martin’s Press. It may not be available in Indian bookstores yet (you can still buy it here), but I have been sent a copy to review on the blog and a few things in it have really piqued my interest. As at the basic level this book deals with a niche close to my heart – productivity (which the writer tears apart as a concept) and freeing oneself up from work in order to do more with life through organization and automation, and since so many people I know could really help themselves big time by knowing or even thinking about some of the stuff from this book, I decided to write a few posts on this book alone.

Working more or working less, which one works the best? The answer is that working more is not always the way to get more done, and even getting more done without a purpose does not bring you any closer to your goals. The ultimate purpose of any work is to achieve a goal.

What is your goal?

Figuring out a goal is the first step in trying to be accomplished. Probably even now you have some goals – unorganized and sometimes conflicted. The role of the book is in identifying and addressing the problems of that sort of a goal system, by bringing it from the vague subconscious or semi-conscious reason behind various small actions we carry out, to make it the chosen, conscious guiding hand that aligns and justifies all our action. Here are three great takeaways from a chapter I thought will be very relevant to the lawyers and law students always caught in a frenzy of activity:

Almost always we have to choose between courses of actions. If you know what are your goals, it should be easy to choose one over the other. Which course of action brings you closer to your ultimate goal in life? If there are no immediate connection between that ultimate overarching goal, then look at the subgoal – something that you have already decided to be a step towards achieving the bigger goal. Or a further sub-subgoal. In Stever Robbin’s world, all purposes and goals are aligned and can be organised into a cascading table of goals and subgoals until you can make a connection between your immediate choices and the ultimate goal of your life. If there’s no connection, you need to skip that action.

The point of alignment needs to be understood. If you have opposing or conflicting goals in your life, probably your actions are eroding each other, leading you nowhere. Ever feel like you are at the same place? Imagine a guy who works out in order to have six pack abs and also eats junk food every time he steps out. He is running in two different directions at the same time and is going nowhere.

Very often someone has purposes on a mind and is acting as well, but somewhere just forgets to connect the action and the purpose. Frenzy of the action takes over, and dotting the I in the perfect way becomes more important than writing the best verse. We end up spending more time in organizing and decorating the writing table which keeps us from starting the write-up. It is very important to be cautious of this syndrome.

WORK LESS AND DO MORE, says Stever Robbins

The book goes on to talk about 9 essential techniques to work less and get more done, and I am yet to read about all of them. I think I shall return to those too sometimes, but in this post I want to make a few quick observations on how the ideas you just read about could be used by a lawyer/consultancy professional.

Make the client realize his goal: a clueless client will make you work more. I have had to draft the same investment agreement in three different structures. And guess what, I could not even charge 3x. It is always better to make the client realize his goal first. Once we have his goals and what he wants from legal services in black and white, protecting his interest and making him happy is a cakewalk. If he doesn’t know what he wants, he will never realize how good you really are. You will end up doing things for him he didn’t really want, and certainly does not want to pay for.
Once broad goals are identified, I shall recommend framing of a policy document wherever possible – that way you give formal recognition to the goals. The client will only be happy to pay for it. Just do not forget to remind him that this goal and consequently the policies can be changed at any time, but it is in everyone’s best interest that such changes are brought to everyone’s notice too.
Make your own goals with respect to a client clear to yourself: do you want to be paid only in cash? Probably there are tons of other value that you could ask for, like referrals, products or services (barter), opinions, introductions, endorsements. What do you want from a particular customer and what do you think he can give? This goal awareness and focus could do wonders as far as growth is concerned.

As Stever says, live life on purpose.

Minimum Wages Act, 1948

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October 8, 2015

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This article is written by Anushka Singh, a student of Delhi Metropolitan Education,IP University.

Minimum Wages Act, 1948 is an act concerning minimum rates of wages for skilled and unskilled labour and ensure a standard of living among them. To provide a basic wage structure in India, a tripartite committee viz, “The Committee on Fair Wage” was established in 1948. The committee’s report was the benchmark in the history of formulation of wage policy in India. Besides setting out the guidelines it also give concept of ‘living wage’, ‘minimum wages’ and ‘fair wage’. The Indian Constitution has defined these three terms; living wage is that level of income which a workers get which ensure their standard of living including health and sanity, comfort, dignity, education and provide for any contingency. However the constitution has kept in mind the industry’s capacity to pay and defined fair wage. Fair wage is that wage which seeks to maintain level of employment in the industry and also see the industry’s capacity to pay. Then the tripartite committee comes with the concept of minimum wages. A minimum wage not only guarantees wage subsistence and preserves efficiency but also provides for education, medical requirements and level of comfort.

Article 39 of Indian Constitution states (a) “that the citizens, men and women equally, have the right to an adequate means of livelihood; (b) “that there is equal pay for equal work for both men and women.”

Article 43 of Indian Constitution states “living wage, etc., for workers- The State shall endeavour to secure by suitable legislation or economic organization or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the state shall endeavour to promote cottage industries on an individual and cottage industries on an individual or co-operative basis in rural areas.”

Both central and state have the power to regulate, revise and review the minimum wages of workers employed in the scheduled employment under their respective jurisdiction. The government is empowered to notify any employee in the schedule where number of employees is 1000 or more and therefore fixed wage rates according to it. There are 45 scheduled employments in central sphere and State have 1596. The Minimum Wages Act does not provide any discrimination between men and women, both are entitled to get equal amount of pay for doing a similar work. The Act treats them equally.

Historical Backdrop

In 1920, Shri K.G.R. Choudhary recommended setting up boards determining wages for each industry.
In 1928, the International Labour Conference was adopted that determines different minimum wages for different sectors.
In 1943, in recommendation of International Labour conference, a labour investigation committee was adopted to investigate in the matters like housing, social conditions and employment.
In 1945, draft bill was considered by the Indian Labour Conference.
In 1946, the 8^th meeting of standard labour committee was held that to enact a separate legislation for unauthorized sectors including minimum wages, paid hours and working hours.
In 1948, the Minimum Wages Act was passed. Under this a committee was formed “The tripartite committee of fair wage” which has given the definition of minimum wage.

Applicability of Minimum Wages Act

The Act is applicable in those industries which consist of atleast 1000 workers. The minimum wages further constitute 25% of children education, medical requirement, minimum recreation including festival ceremonies and provisions for old age, marriage etc.¹

Minimum Wages in Different States

In India the states have different minimum wage as it is difficult to follow uniformity in wages because every state have different standard of life, cost of living and paying also varies from state to state and from industry to industry. The Indian labour conference in 1985 held that “Till such time a national wage is feasible, it would be desirable to have regional minimum wages in regard to which the Central Government may lay down the guidelines. The minimum wages should be linked with rise in the cost of living.”

Different minimum wage rate in different state of India in different industries w.e.f. July 1, 2015 to December 31,2015 are:

State	Basic and VDA	Lowest minimum wage rate( per day)	Highest minimum wage rate(per day)
Andaman and Nicobar²	Yes	274 ( agriculture sector)	384 (construction sector)
Arunachal Pradesh ³	No	80 (for unskilled labours)	100 (for skilled labours)
Chandigarh ⁴	No	305.38 (for unskilled labours)	347 (for highly skilled)
Delhi ⁵	No	348 ( for unskilled labours)	461 (for graduates and above)
Gujarat ⁶	Yes	278.4 (for unskilled labours)	303 (for skilled labours)
Jammu and Kashmir ⁷	No	150 (for unskilled labours)	225 (for skilled labours)
Tripura ⁸	Yes	189 (for unskilled labours)	290 (for highly skilled)
West Bengal ⁹	No	171 (for unskilled labours)	268 (for skilled labours)
Telangana ¹⁰	Yes	101 (for cleaner/security guard/ mazdoor)	589 (for graduates doctor)

Since the state government is empowered to set independently the minimum wage rate, disparity between the neighboring states arises. To solve this central government has set up 5 regional committees:

Eastern Region: West Bengal, Orissa, Bengal, Jharkhand, Chhattisgarh and Andaman and Nicobar Island
North Eastern Region: Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Tripura and Sikkim
Southern Region: Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Puducherry and Lakshadweep
Northern Region: Punjab, Rajasthan, Himachal Pradesh, Jammu and Kashmir, Haryana, Uttar Pradesh and Chandigarh
Western Region: Maharashtra, Gujarat, Goa, Madhya Pradesh, Dadra and Nagar Haveli and Daman and Diu.

Legislative protection for workers to receive minimum wages can be a hall mark for the growth of the nation. It is the fundamental premises for good standard of life and decent work. In India, the Minimum Wages Act, 1948 provides fixation of minimum wages in different sectors in respect of scheduled employments.

How can I increase my concentration?

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Ramanuj

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October 8, 2015

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increase concentration with vipassana — Can Vipassana help you to increase concentration?

how-to-increase-concentration — Concentration and achievement – the connection is obvious

We all had parents or teachers complaining that we did not concentrate enough on our studies, and later we realize that concentrating on work, even when you are a grown up, is probably one of the most difficult things! I am sure you have got a lot of “eat well and exercise everyday”, or “strengthen your willpower” kind of advice when you looked for a solution to this problem.

I suffered from this common problem of not being able to concentrate when I really needed it, for years as I grew up, went to college and even started work. I found it difficult to concentrate on important tasks sometimes. It was studies in college. I tended to procrastinate a lot to start studying for exams or to start writing for projects. Later on it became about writing. I would tend to distract myself from writing work and give it a name: writers’ block!

This plagued me even at my first work place. I would sometimes find it difficult to focus on a work at hand as I always had tons of other things in my mind to distract me from real work that needed to be done right now!

This is a productivity killer, and a massive enemy of success. One must face and crush this problem if one is to really accomplish the big tasks in life. The internal struggle has to be stopped before you enter the biggest wars in life that will bring true glory. And it is never too late to conquer yourself.

There are a lot of things one can do. I don’t know one specific thing that can solve everything. So if you want a silver bullet solution, this blog post is not for you.

However, I am going to share my journey over the years, and different things that majorly contributed to my becoming more efficient and unstoppable at work as I learnt to overcome procrastination and increased my productivity by leaps and bounds. I am very certain that those of you who are on a similar quest to increase productivity, bring focus in your life and cut procrastination will find a lot of good leads to pursue or validation to your own systems that you might be following at the moment.

What is really distracting you?

At the surface level, there may be xyz things bothering you right now. If you are like most people, you will try to control your mind and try to stop it from being distracted. I don’t think that ever works. At least I did not find solution to distraction in temporary effort to control the mind.

For me, a major step forward was my Vipassana experience. This experience made me realize that it was not some immediate external stimulus that really distracted me, but it was the accumulated strands of thought in my own subconscious mind that really disturbed my peace at every moment of my waking time, and perhaps dreams as well. Vipassana also gave me some of my most calm phases in life, and I would say a newly acquired focus and calmness within. That calmness really helps to take on the big scary challenges and see them through to completion.

So how did Vipassana actually help?

The first Vipassana course you do have to be a 10 day one. When I did this first, I had to discontinue after 6 days as I started to develop a strange inflammation of a nerve in my right eye, in which I started losing my vision. However, before I discontinued, I had some very strong experiences. For the first three days of the course, you are required to focus only on your breath. The concept is that your subconscious mind is always aware of your involuntary body functions anyway. By observing such functions, your conscious mind can align itself with the subconscious. Then what is there in your subconscious, including emotions like fear, jealousy, anger, disappointment, craving and a lot of other stuff – starts to surface. Many of the things that I had forgotten from my life indeed surfaced – to the point of evoking extreme anger, disgust and other emotions in me. After a point it was really difficult to keep meditating.

However, the most powerful experience took place on my second night when I was sleeping. I woke up with extreme guilt and fear from a nightmare. I sat in a foetal position, too afraid to even step out of the bed though I was extremely thirsty. I was literally shaking with fear as I came face to face with a fear and guilt that was hidden deep inside my subconscious. Then I remember something the Vipassana teacher had told me when I sought his counsel about an uncontrollable anger that I experienced that day during meditation. He said, when you see anger arising in you, just ask yourself “lets see how long this lasts.” And as I said that to myself, my whole body shuddered and I felt as if suddenly a weight was released from my mind. I finally went and drank some water. Then I slept. However, that moment was a turning point in my life.

I believe that many years of accumulated emotions that disturbed me at a subconscious level, like anger, fear, guilt, hatred etc were jettisioned during that Vipassana course. It was as if the subconscious was cleaned up to a great extent. I noticed a noticeable difference in my ability to focus on work and produce results after this. I went on and did the full 10 days course a few months later. I plan on keep doing it in the future as well, if for nothing else then simply because I found it to be an excellent way to be more effective in life.

I certainly would not be having the focus I can muster today, or the sense of peace or calm I can summon whenever I am aware of a disturbance, if I did not discover Vipassana.

Relying on a system rather than will power

increase concentration with will power — Can will power help to concentrate?

Too many people rely on willpower, which works for some time definitely. Then it doesn’t, and they give up and say that focus is beyond them. Unfortunately, relying on will power is tempting because it is certainly less work, but on difficult days it is almost certain to crumble. I found it much more useful to develop an approach of building systems.

Let me give a simple example. I tend to get distracted by social media easily. I found a simple system for this – simply block the websites that distract me beyond a rationed amount of time automatically through an app called Morphine and Leechblock. Why rely on will power when you can create systems?

Similarly, working when a noise, insects, people, mobile phone is constantly interrupting you may be very distracting. Build time slots that are sacred. Cut off phone and internet. Get a secretary or accountability buddy or just get your room mate to nag you, whatever you can manage to create systems that are more conducive for focus and less conducive for distraction.

For me scheduling things in a calendar really helps to plan a day and the week, and in turn helps me to stick to the plan. The more systems you introduce rather than relying on your will power or good senses, the better results will you produce in the long term. Of course, it may take some time to settle in and build a habit to use those tools, but eventually it just becomes second nature once you plough through the initial inertia.

Writing down things in lists and journals

concentration increased through system — writing down stray thoughts can increase concentration

Similarly, a major issue with being able to focus is actually having a roadmap for various problems at hand. I find that simply listing down issues instead of keeping them knocking around in my head helps me enormously to focus. I am a die hard believer in checklists and keep creating new lists on my phone all the time! You may choose what works for you – it could be technology or simply pen and paper. Often, simple tricks like using your favourite pen to write (my best friend used this trick to make notes in law school) can improve your mind’s subconscious willingness to stick to these systems.

One thing you need to keep in mind is that checklists don’t always work – you need to keep improving your method to arrive at something that works for you. When you do that, you will realize your productivity is soaring, even though you complete only a fraction of the work you listed out. When these are in pen and paper, you can always look back at the thoughts you are planning and see how far you have travelled with the thoughts in your mind. It is a great feeling. However, too many people give up the approach itself at the first instance of things not working out, and are not able to experience this.

Another idea which is less mechanical is to write down all the issues that are going around in your head. Some people write morning journals or bedtime journals. You may not ever look at it again, but the act of writing down itself creates great clarity and helps you to focus on one thing rather than think about many. After all, writing is a way to give structure to your abstract thoughts.

The atom bomb: Landmark Forum – how did this help me to build focus

concentration-increase-landmark-forum — Being v. Doing – a key distinction I learned while pursuing Landmark curriculum

While Vipassana did help with then subconscious mind, there was a lot left to be done. I did not realize this till I did Advanced Course at Landmark Worldwide. I did the Landmark Forum before that, and despite having many complaints I continued with the Landmark Curriculum, and found it to be an extraordinary tool to build focus and beat procrastination. I was able to clean out many of my issues around integrity, timeliness and promises. I have completed tons of unfinished projects since. Things that were pending for months and years were done one by one. I simply loved the results the Landmark Curriculum helped me to produce. How it happens is a little difficult to explain to someone who has not experienced the Forum and Advanced Course, so I will not try to do that and leave you curious, except for saying that Landmark works through conversations and assignments, and works on your blind spots in life that drag you down. A whole lot of people who do not follow the design of it keep complaining about how it doesn’t work. It didn’t work for me till I was resisting the design of the course either.

Nootropics Modafinil – when in need

Another big discovery was a nootropic or a smart drug called Modafilin. Everyone has those bad, unproductive days – when you didn’t get sleep for nights, or just need some extra focus because you had a hard week and you feel burnt out, or just that you can’t fix your sleep cycle after pulling too many all-nighters. My go to thing for dealing with this was many cups of coffee, till I discovered Modafilin which is a less harmful substance than coffee and way more effective. I found out that it is used by Indian Air force, astronauts in long term missions in International Space Station and on some select missions by the US Air Force, and a handful of CEOs of fortune 500 say that they take it as a congnitive enhancer. After I read rave reviews by many scientists, writers and silicon valley executives online I decided to find out more about it. This article really gave me some confidence to try it thought some sites said that less than 5% people have reported adverse reaction to this drug. My doctor friends assured me that while it is a prescription drug and not to be abused, I can easily get it prescribed by doctors to correct my sleep cycle and take it under medical supervision. It is less addictive than coffee. It definitely increases alertness and focus when I am really in need of it. It turned my worst days into some of my most productive days.

Here is a viedo that should prevent you from misusing it:

How to claim your unclaimed money from provident fund (PF) account?

By

Guest Post

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October 7, 2015

2

This article is written by Bhavesh Guliani, a student of LC-II, University of Delhi.

INTRODUCTION

The central board of trustees (CBT) administers the employees provident fund organisation of India (EPFO) which regulates a compulsory contributory provident fund scheme, pension scheme and an insurance scheme. The schemes cover Indian workers as well as International workers for countries with which bilateral agreements have been signed. The chief executive of the EPFO is the Central Provident Fund Commissioner who reports to the Union Labour Minister. The total assets under management were more than five lac crore in 2013. The headquarters of the organisation is located in New Delhi.

The fund gets accumulated with interest and can be used upon retirement, resignation and death. Partial withdrawals are also allowed for certain purposes like house purchase/construction/repair, illness, education and marriage subject to certain restrictions related to the time you have served and the salary you get.

What comprises of provident fund?

The contribution to provident fund made by the employer shall be 10 percent of the basic wages, dearness allowance and retaining allowance for the time being payable to the employee whether employed by him or through a contractor. The employee’s contribution shall be equal to the employer’s contribution of 10 percent or maybe more if he so desires but the employer will not be under an obligation to pay more than that defined under the act. The central government may by notification in the official gazette increase the contribution to up to 12 percent. An employee can always invest more than 12% of his basic salary which is called the voluntary provident scheme (VPF). In this case the excess amount will also be invested in provident fund and will also earn interest.

CAN YOU OPT OUT OF EPF?

To opt out of EPF is an option available to those employee’s whose basic monthly salary is more than Rs 15000. If such an employee decides to not be a part of EPF then he will get all his salary in hand without any deduction but if a person has been a part of EPF once in his life, then he can’t opt out of it. An employee eligible to opt out and if he chooses to, has to fill up form 11 for this.

Basic information you need to know for withdrawal

You need to know your PF account number, date of joining, date of leaving, a copy of blank cheque (for account number verification), bank account number registered with the employer and the IFSC code.

Form 19 is required to file a PF claim which can be taken from the HR department or can be downloaded from the EPFO website. Also any information related to the job like date of joining can be obtained from the HR department.

What is a UAN?

Universal account number acts as an umbrella for the multiple identities provided to an individual by different organisations he works for throughout his life. It remains the same throughout the career of an individual. Whenever an individual joins a new establishment and has a UAN, then he is required to provide the same through Form-11. UAN is required to check the eligibility for online transfer claim and view status of previous employment.

How to claim your Provident Fund (PF)?

Approach 1

Fill the form and submit it along with a blank cheque with the employer who will send it to the regional provident fund office for approval. The PF office will process the request and transfer the provident fund money to your registered bank account within a period of one month.

Approach 2

Fill the form and get it attested by bank manager. Submit the attested form along a copy of blank cheque with the regional provident fund office for approval. The PF office will verify the documents and process the request within one month. EPFO deposits the amount directly to the employee’s registered bank account.

Note:

Claim application will be processed in the city in which the employer is situated.
Along with the PF amount, pension fund can also be withdrawn if the service is less than 10 years. If the service is more than 10 years than pension amount can be withdrawn only over the age of 50 years. To withdraw the pension amount, Form 10c has to be filled and attached with the other documents to be submitted.

According to the rules, PF amount can be withdrawn only after 2 months of leaving the job, so the forms are to be submitted only after 2 months and then the withdrawal process begins. The reason behind this wait period of two months is that as per the EPF rules you can only withdraw your PF money, only if you have no job at the time of withdrawing your money and 2 months have passed. It takes approximately 3 months to get the claim after leaving the job. It is illegal to withdraw PF money if you switch your job, however transfer is allowed in case you get a new job.

MULTIPLE APPLICATIONS

Those who apply to claim provident fund just after they quit or retire may not get the entire amount accrued in their EPFO account. This is because the EPFO keeps the contribution and interest of last few months in an escrow account ( a separate and temporary bank account for keeping money that is the property of others) and in such a case, a second application needs to be filed. To elude from filing a second application, one should wait for a year before claiming the provident fund. Also if you apply for the withdrawal of amount in employee pension scheme (EPS) under your employee provident fund then you will not get the entire amount accrued. In this regard Table D of employee’s pension scheme is followed and the amount to be given depends on how much you get at the time of exit from your job.

What if the past employer is not available?

In case the past employer is unavailable or the firm has closed down or liquidated then the employee who wants to withdraw the PF amount will have to submit an identity and address proof which will be attested by the manager of the bank in which the PF amount will be credited.

Why to transfer PF accounts?

The PF amount if withdrawn before the completion of five years is liable for tax and according to the new rules, your EPF account will stop earning interest after three years of inactivity. The best way to avoid tax and keep on earning interest on your EPF account is to transfer the balance in your previous account to your new account. Moreover the transfer process begins at the time you leave the job, unlike the withdrawal process in which there is a wait period of two months.

NOTE: the service of an employee who resigns from a job and joins another establishment will be considered to be in continuity by the EPF department provided he has not withdrawn is PF amount.

How to transfer PF account?

The online transfer process is available on the EPF website.

http://epfindia.gov.in/site_docs/PDFs/OTCP_PDFs/ProcessFlowforMembers.pdf

New rules regarding tax implications on withdrawal amount

If withdrawal is before the expiry of five years, then TDS will be deducted at the rate of 10% from the withdrawn amount.

Tax will not be deducted if withdrawal amount is less than Rs 30000 or after five years.

If a person submits form 15G or 15H declaring that his e does not have any taxable income, then also no tax will be deducted.

NOMINEE

A nominee can be made under EPF to avoid all the issues which may arise while claiming money. Also, the nominee will be contacted at the death of the person and handed over the money accrued.

Claiming provident fund is not a difficult task most of the times but claiming an unclaimed provident fund corpus can turn out to be an insurmountable task. The problem is that over the years, records with the company may get obliterated and searching for the details and retrieving them is a moiling task. It is something that no one in the human resource department would be happy to do which is why it is advisable to apply for your provident fund within reasonable time once you leave the job. Further an RTI (right to information) can be filed to get any kind of information related to EPF.

Important links

General guidelines:

http://epfindia.gov.in/site_docs/PDFs/OTCP_PDFs/ImportantGuidelinesformember.pdf

To register on member portal:

http://epfindia.gov.in/site_docs/PDFs/OTCP_PDFs/MemberRegistrationonMemberPortal.pdf

To check claim status: http://uanmembers.epfoservices.in/

To view and download various forms; http://www.epfindia.gov.in/site_en/Downloads.php?id=sm8_index#Act&Schem

http://www.epfindia.gov.in/site_en/Downloads.php?id=sm8_index#Claim Form

Difference 1#

Civil Law vs. Common Law

Difference 2#

Working with International lawyers on a level playing field

Difference 3#

Practicing litigation is not much of an option in UAE for foreign lawyers

Difference 4

There is a lot more to do in legislation and policy expansion space

Differece 5#

Size of big law firms is different in UAE

The Tour: A grand agenda

The selection process

The journey and experience

The First Day

The Parliament

The Great Courts of Delhi

Meeting the Politicians and the Bureaucrats

Proceedings at the Supreme Court

Meeting with the President

And the Lawyers

Interacting with Law Firms

Dinners and shopping

Dreams of making it big

Stuck in the middle of nowhere

Shedding the myths

Dramatis Personae

Where the paths meet

2013 Changes in Laws Related to Sexual Offences

False accusation of rape in India

Punishment for filing false accusation of rape

Preventive measures when faced with false accusation

What is your goal?

Historical Backdrop

Applicability of Minimum Wages Act

Minimum Wages in Different States

INTRODUCTION

What comprises of provident fund?

CAN YOU OPT OUT OF EPF?

Basic information you need to know for withdrawal

How to claim your Provident Fund (PF)?

MULTIPLE APPLICATIONS

How to transfer PF account?

New rules regarding tax implications on withdrawal amount

NOMINEE

Important links

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