BRIEF REPORT

ON

THREE DAY PROFESSIONAL SKILL DEVELOPMENT AND CAREER

ADVANCEMENT WORKSHOP FOR DALIT LAWYERS

Organised By

National Law School India University through Centre for the Study of Social Exclusion and

Inclusive Policy (CSSEIP) in collaboration with ReachLaw

Held on

January 26th 2017 to January 28th 2017

At

Allen & Overy Conference Hall, NLSIU Bangalore

Introduction

A three days training workshop was organized on Skill development and career advancement of

Dalit Lawyers in the State of Karnataka, at Allen & Overy Conference Hall, International

Training Center, National Law School India University(NLSIU) Bangalore. It was an effort

initiated by National Law School through Centre for the Study of Social Exclusion and Inclusive

Policy (CSSEIP) and ReachLaw to meet the need of imparting professional skills to young

Lawyers belonging to deprived and marginalized sections of the society. More particularly

lawyers from Scheduled Caste/Scheduled Tribe Communities.

It was a meaningful collaboration between NLSUI premier Law School in this country and

ReachLaw a Law firm with a difference who have been working on issues of Human Rights and

the Rights of the Communities.

The program was designed towards imparting professional skills for career advancement for

Dalit and Tribal Lawyers. The program was designed towards essential aspects of Law practice,

court craft, research skills, communication skills, presentation skills and nuances of arts and

science of cross examination, drafting, pleading and reading the mind of a Judge.

The best of the Judges, Celebrated lawyers and Academicians were the resource persons for the

program. Finest of the expertise was made available and a curriculum that was open ended with a

focus on participatory learning while adhering to the larger scope of the training was set.

The program was initiated on the 68th Republic Day.

28 young lawyers belonging to SC/ST Communities participated in the training program. The

lawyers were from Mysore, Chamarajnagar, Bangalore Rural, Bangalore Urban, Hassan, Kolar,

Chitradurga, Ballari, Raichur, Bagalkot, Chintamani, Bijapur, Dharwad, Shimoga and Mangalore

districts of Karnataka. Their participation was enthusiastic and interactive.

Inaugural Session

The programme began with welcome address by Prof. Sony Pellissery from CSSEIP,

followed by self introduction of the participants. After

introduction of the participants, the training workshop

was inaugurated by the Hon’ble Vice Chancellor of

NLSUI, Bangalore Dr. R. Venkat Rao, who gave an

excellent start to the workshop by putting forward the

vision of the Constitution and need for empowering

lawyers belonging to most marginalized groups like

Dalits and the necessity of their success in their

profession. His inspiring speech set the mood of the program to higher note.

Prof. Babu Mathew presented the key note address on the necessity of acquisition of

professional skills from the perspective of empowering of marginalized sections and realizing the

vision and dream of Dr. Ambedkar towards building an “Equal Society”.

Mr. B T Venkatesh, Founder & Partner, ReachLaw & Former State Public Prosecutor,

introduced the program, aspects of the program and goals that were set for the program.

1st Session: Construct of a Dalit Lawyer, his Challenges, Law Practice & its Structure and

Essentials for Success in Profession:

The very first session was conducted by Justice Nag Mohan Das, Former Judge of High Court

of Karnataka & Senior Counsel at Supreme Court of India.

An inspiring personality whose decades of service as a

lawyer and a Judge, to the oppressed and marginalised is

known to all.

He introduced to the young lawyers the horizon and scope of

legal practice, its structure and challenges. He spoke at

length about the kind of obstacles and kind of failure a

lawyer faces and more particularly by first generation lawyers belonging to SC/ST. He presented

the entire judicial system and the way it functions from that of the Magistrate Court in the

Mofussil area to Supreme Court.

Justice Nag Mohan Das instilled confidence in the Lawyers that anyone can succeed in the

profession if one has commitment, dedication and determination. He presented his own personal

experience of his journey from being a student with average academic performance hailing from

a rural village with little knowledge of English to being a very successful, respected and

knowledgeable Advocate who was an elevated Judge of the High Court of Karnataka and how

he could deliver number of landmark judgments. He presented aspects that would make a lawyer

from an ordinary legal practitioner to being a respected knowledgeable lawyer and stressed upon

the need of quality in the legal profession and need to maintain integrity. It was an inspiring

communication that enthused the participants.

The session was followed by an excellent presentation by Mr. C.S. Dwarkanath, Former

Chairperson of Backward Classes Commission, a Senior

Journalist, an experienced Advocate and a well-known

public intellectual of Karnataka.

Mr. Dwarkanath gave a larger picture of the Law Practice

and the need for success in the profession for lawyers

belonging to Dalit and Tribal Communities. He presented the hindrance in the system and why

we do not see lawyers from Dalit communities being stuck as practitioners at the lowest rung of

the Judiciary. He examined the reasoned at length for such a situation. Identifying the problem is

first step towards success and how one should be positive in the profession. He presented a

philosophical premise for the necessity of success of lawyers belonging to Dalit and Tribal

Communities.

2nd Session: Structure/ Construct/ Horizon of law and legal practice

The post lunch session was the second session of the day and was addressed by Mr. H Mohan a

practicing Advocate in High Court of Karnataka with decades

of experience and imparting rights based education.

Mr. Mohan presented the nature, scope of legal practice, the

challenges of legal practice, the issue of caste discrimination

faced by Dalit Lawyers and the language and grammar of legal

practice of commercial law, corporate law and criminal law. He

conducted the entire session by employing interactive method and built the whole subject by

posing questions to the students and provoking students to raise questions.

3rd Session: The constitution of India and its aspiration of a State which is based on

equality.

The third and last session of the day was taken by Prof. Babu Mathew who presented

aspirations of the Constitution of India more particularly

relatable to rights of the marginalized communities including

Dalits and Tribals. He explained how socio- economic and

political changes have taken place across the globe and the

status of the oppressed communities and the need for assertion

of their rights. He presented the catalytic role that lawyers

Dalit and tribal communities can play for the protection of Constitution of India whose ideals are

suffering on the onslaught of neo-colonialism, Neo- Liberalism and Washington consensus

leading to New Constitutionalism.

It was scholarly presentation, educative Informative and thought provoking. Most of the students

opined that it was for the first time they learnt about the enormity of the issues and challenges

and felt that they were exposed to new thinking.

As an exercise the students were divided into 5 groups and given a task of group presentations on

the challenges to the Constitution and the rights of the people, more particularly of the rights of

Dalits and Tribals.

SECOND DAY:-

The Day 2 commenced much earlier to the

scheduled time due to the enthusiasm of the

students. Each of the groups grabbed the

opportunities made their presentation and each

presentation lead to interesting deliberation among

them. The presentations took good one and half

hour.

1st Session: Laws that provide protection of rights.

The first session of the day was presented by Mr. J D Kashinath, Advocate High Court

Karnataka who is a well known activist and a successful legal

practitioner. He is known for his commitment for litigating for

the rights of the Dalit in the State of Karnataka.

Mr. J.D. Kashinath focused on land rights of Dalits. He

presented various enactments that have benefited Dalits and

Tribals in State of Karnataka. Karnataka land grant rules, Village

Officers Abolition Act, Inam Abolition Act and prohibition of transfer of certain land Act. He

presented aspects of these laws and how the Dalits have failed in protection of their own rights

due to illiteracy and misinformation. He also presented the reasons for the cavalier attitude of

bureaucrats who are entrusted with responsibility of protection of rights. He presented need for a

serious study by Dalit and Tribal lawyers that they can specialize on the subject to ensure

protection of land rights of their own communities.

Mr. B T Venkatesh Former State Public Prosecutor and Advocate known for protection of

Human Rights of marginalized communities introduced

Prevention of Atrocities Act and the recent changes that were

brought into the said act. He presented the history of laws

relating to Abolition of untouchability and removal of caste

discrimination that dogs India. He culled out the debates of the

Constituent Assembly and insertion of Article 17 in Part III of

the Constitution that abolished untouchability and directed the

state to make law making it a punishable offence. He presented the history of law against

practice of untouchability and caste discrimination. From Untouchability (Offences) Act, 1955 to

Civil Rights Acts and to SC/ST Prevention of Atrocities Act 1989. He described about the law

and the reason why ban of untouchability is not being successfully implemented and the failure

of the state in execution of the laws. Despite the stringency of offences, why the state has failed

to effectively prosecute and the systematic failure in protection of Rights of Dalit and Tribals and

abysmally low rate of prosecution and conviction.

He stated as to how the Dalit lawyer can play an important role in assisting confidence to the

victims and demanding protection and compensation to the victims and how to make a mark in

the profession. He also narrated the advantages of right based litigation from his own experience.

2ns Session: Criminal Law Practice

After a quick lunch the students were introduced to Mr.C H Hanumantharaya a celebrated

Advocate of Karnataka. He is a household name for Criminal

Law practice. Most of the students who had heard of him had

an opportunity to meet him in person. Ever amicable friendly

person Hanumantharaya engaged with young minds regarding

the challenges of the profession and the essentials of achieving

success in the legal profession. As a warm up he presented his own journey as the first time

graduate and first time Advocate from his taluka. His love, passion for legal profession and how

demanding is the profession. He styled it as “Jealous Mistress”.

Mr. Hanumantharaya presented mind of a lawyer and how one needs to have one’s own skills.

The art and science of cross-examination and nuanced understanding of Evidence Act his short

introduction into understanding of offences in Indian Penal Code and how Code of Criminal

Procedure need to be read and understood. He demonstrated how one can achieve success in

Criminal Litigation through a thorough reading of Investigation reports and related documents in

criminal trial. He presented aspects of criminal trial and the roles play by witnesses, investigating

agency, prosecution, the defence and the Judge.

He presented finer aspects of developing a defence theory. In the entire presentation Mr.

Hanumantharaya kept reminding the Do’s and Don’ts. It was entertaining thought provoking

session that lasted nearly four hours with students routing for more. Most of the students

expressed that it was for the first time they had been presented with such a great exposition of

Criminal Law.

3rd Session: Civil Law Practice

The 3rd Session was presented by one of the bright Lawyer of High Court of Karnataka Mr. M

Sunil Rao. An excellent lawyer with excellent practice in civil

and corporate law and his experience of having worked in the

offices of Justice Rohinton F Nariman one of the finest Senior

Lawyers of Supreme Court of India who is a sitting Judge of

Supreme Court of India.

Mr. Sunil Rao interacted with the participants and identified the

kinds of litigation that they do in civil law. After identifying that

their every day civil litigation revolved around injunction, specific performance, partition,

declaration, possession, matrimonial disputes. He presented the entire game of drafting, pleading,

the Do’s and Don’ts’s the essential ingredients, the costly errors and the kind of research and

reading of documents and papers to framing the prayer. His presentation was interspersed with

citations of the Supreme Court that have defined the essentials at great length. Each participant

presented their experiences and also learnt the reasons for their failure. Each one carried home a

better understanding of civil litigation. The insatiable hunger of the students was evident that

they were unwilling to let go the opportunity and had to be reminded that the kitchen would be

closed. The second day the student spent 11 hours without ever asking for recess.

THIRD DAY:-

1st Session: Skills for presentation of case

Justice A V Chandrashekara a former judge of High Court of Karnataka with decades of

experience in Judiciary who had penned numerous articles

on finer aspects of law and one of the highly respected

teachers in Karnataka Judicial Academy, and a much sort

after arbitrator was kind enough to make his presentation

on Day 3.

He shared his experience as a lawyer, as a Sessions Judge and as the Judge of the High Court of

Karnataka, informed the students that what matters is integrity commitment and hard work to

succeed in the profession. He presented about how the mind of a judge will be looking in each

case and what are the kinds of tools that a Judge employs to come to a conclusion in any case.

He presented an insight into the kind of drafting skills one needs to have and kind of articulation

that is required during examination of the witnesses and during presenting arguments. He

presented the required skills of a lawyer from being firm to being assertive and conciliatory in

the proceedings. Understanding the litigation and the needs of the client and arriving at a sound

advise that is based on analysing the facts and employing adequate research on the subject.

He presented what are the common errors that the Advocates do in drafting and how one should

re-read ones own drafts, think of the possible fallouts and the kind of opposition one may expect

from the opposite party.

Mr. Justice A.V.Chandrashekara spent good amount of time interacting with the students,

clarifying the doubt they had and advised them the kind of approach they need to have in respect

of litigation.

2nd Session: Opportunities beyond conventional spheres of litigation:

Mr. Shreedar Prabhu is an excellent lawyer who specializes in corporate matters more

particularly relating to Energy Sector. Also an outstanding

arbitrator and has acquired fair degree of expertise in

Alternate Dispute Resolution Mechanisms. He is also an

activist, Crusader for the rights of Dalits and has been part

of Dalit Rights Movements in State of Karnataka. He

presented A to Z opportunities that are available in legal

practice and beyond litigation. He described the kind of

avenues that are available to young lawyers and narrated how to get into such spaces and the

skills that are required for the same.

The presentation of Shreedar Prabhu was provocative and amiable. He answered each of the

queries of the students with elan. It was lively argumentative session that every student enjoyed.

3rd Session: How to employ Media effectively.

Ms.Gowri Lankesh the Editor and Publisher of a well known Kananda magazine

“LANKESH”, spoke about the role of media, bias within the

system and the grave errors that the media makes and how

one should interact with the media and how it is helpful to put

forward the case that is being handled by an Advocate. She

spoke about the challenges of the media and how uninformed

are the media professionals relating to law and the glaring

errors that they make in reporting. She spoke to the participants and enquired them of their

experiences with the media and how media can help them in the advancement of their career. In

the interactive session she explained some historical aspects and also the challenges faced by the

media. She advised them as to how they have to utilise the services of the media.

4th Session: How to build a good legal practice & personality development.

Last session of the program was how to build a good legal practice and personality development.

Mr. B T Venkatesh shares his experiences as to how to build a good legal practice. He summed

up all the views, experiences and the expectations of the system and the need for better

understanding of the profession. The need for being focused, the need to absorb the changes and

the aspects that are presented by other councils and the need to motivate oneself in achieving

success in the profession.

VALIDICTORY SESSION:-

Beloved Prof Babu Mathew graced the occasion. Prof. Sony Pellissery presented his

observations of the three day program and how different it was compared to other programs. He

presented the need for such program and the commitment of National Law School India

University and more particularly the Centre for Study of Social Exclusion and Inclusive Policy in

continuing such program and their association with ReachLaw in realizing the same.

Mr. B T Venkatesh thanked everyone for making the program a success. Professor Babu

Mathew gave away certificates and a gift box from ReachLaw containing a coat pocket edition

of the constitution of India, latest Criminal Manual and amended SC/ST Prevention of Atrocities

Act.

-------------------------------------------------------X---------------------------------------------------------

List of Participants

Sl.

No

.

Name and Address District Social Group/

Caste Bar Association

1 Namratha S. Murthy Bangalore Adi Karnataka Bangalore Bar

Association

2 Geetha C Shimoga Adi Dravida Shivamogga Bar

Association

3 Sri Lakshmi Y.S. Hassan Adi Karnataka Hassan Bar

Association

4 Sowmya Mangaluru Adi Dravida Mangalore Bar

Association

5 Yallapaa Manavi Raichur Madiga Raichur Bar

Association

6 Shankar M.K. Mandya Adi Karnataka Bangalore Bar

Association

7 Praveen Kumar C.H. Nagara Adi Karnataka Chamrajnagar

Bar Association

8 N. Yogesh C.H. Nagara Adi Karnataka Chamrajnagar

Bar Association

9 M. Mahesh Das Bangalore Rural Adi Karnataka Devanahalli Bar

Association

10 H.B.Deviprasad Chitradurga Nayaka Chitradurga Bar

Association

11 T.V. Venkatesh Chintamani Adi Dravida Chintamani Bar

Association

12 T. Narayana Chintamani Adi Dravida Chintamani Bar

Association

13 Bharath Kumar Bellary Adi Karnataka Hospet Bar

Association

14 T. Shivappa Bellary Chalavadi Hospet Bar

Association

15 Subhas.Y. Bagalkot Madar Badami Bar

Association

16 Basvaraj F. Hubballi Chalavadi Hubbali Bar

Association

17 L. Mallikarjun Bellary Adi Karnataka Hospet Bar

Association

18 T.V Subramanyam Chintamani Adi Dravida Chintamani Bar

Association

19 Dayananda B.R. Chintamani Adi Karnataka Chintamani Bar

Association

20 H.Mukappa Bellary Adi Karnataka Hospet Bar

Association

21 S.Lokesh Babu Bellary Adi Karnataka Hospet Bar

Association

22 Rajkumar.B.

Bijapur Holer

Bijapur Bar

Association

23 Sowmya M.N. Chamaraj Nagar Adi Karnataka Chamrajnagar

Bar Association

24 Baraddi C.K. Bijapur Holer Bijapur Bar

Association

25 H. Venkateshalu. Bellary Adi Karnataka Hospet Bar

Association

26 Moulappa.H. Raichur Chalavadi Bangalore Bar

Association

27 S.P.Lakshmikantha Chitradurga Nayaka Chitradurga Bar

Association

28 M.S.Purosthama Bangalore vokkaliga Bangalore Bar

Association