Five books of 2014 every lawyer must read
Judgements and statutes often do not contain the reasons for law. They limit themselves to its formal expression. The underlying social needs and criticisms of law require narratives built by personal experience and scholarly study. In 2014, a rich selection of books offered both. The books listed below made me question the practice of law and its effect. They engaged me and will remain with me for a long time. What is remarkable about them?
1. Colours of the Cage by Arun Ferreira
As another year commences, the 1975 Emergency becomes more of a historical fact rather than current debate. Hence, the detention of political prisoners which was widespread during this period is not considered deeply today. Stray newspaper reports and cyclical television news coverage only offer a glimpse of bearded men who are arrested for dissent. Limited to the press releases of Anti-terrorism squads, our conversations are within their prescribed labels. Naxalities, religious fundamentalists and terrorists. Reading Arun Ferreira's prison diary changed this for me. Arun's prose almost betrays a kind smile as he narrates the horrors of custodial torture to extract confessions that should be inadmissible in law. The years of deprivation, mental and physical abuse are all products of a jail manual and a legal system which has so far been oblivious to convicts and under trails. As the book progresses, case after case, in which Arun is accused of armed violence ends with his acquittal. His real crime in the eyes of his captors is his political dissent. This book makes his journey relatable and ends up questioning the legal process and the adequacy of safeguards. You may even find yourself cheering towards the end, having a sense of familiarity, referring to the author by his first name.
2. The Informal Constitution by Abhinav Chandrachud
The practice of judicial appointments has been a topic of popular debate with legislative proposals and the anticipated judicial challenges thereof. Referred to as the collegium system, it has permitted our higher judiciary the unfettered right to appoint its own. There are several criticisms of this practice, however one of the most legitimate ones concentrates on its lack of transparency. To a large degree this is obviated by Abhinav Chandrachud's book. By empirical analysis and personal interviews of retired Supreme Court judges, the book maps the informal norms of appointments which have been formalised. It also provides insights on questions such as whether the Supreme Court has quotas for specific classes. Though the book is written in an academic style, it is rich with factual details which have not been published before. It accurately landscapes the present controversies on judicial appointments, even if it does not answer the conundrum of judicial independence and appointments. Who will judge the judges?
3. The Fiction of Fact-finding: Modi and Godhra by Manoj Mitta
The first book authored by Mitta with HS Phoolka on the 1984 Anti-Sikh Riots consciously explained how the 1984 riots were one of the most one-sided riots in independent India. This was principally due to State authorities actively participating in the pogrom. Worse, even decades later, after inquiry commissions and litigation, the accused have not been effectively prosecuted. Mitta has returned to the same theme in his book on the 2002 Gujarat Riots. Rather than merely spending time on how the riots occurred, he proceeds to the prosecutions and the fixation of accountability for them. In this, his qualification as a lawyer and his excellence as a journalist shows through. Juggling between government correspondence, witness transcripts, charge sheets and judgements, legal nuances and brought out and their effect is explained to a general audience. Many people may object to the theme of the book given our present political masters. To this, Mitta notes his objectives candidly. They are broader than placing blame on an ideology or a political party. It is to question a system of law which fails to effectively prosecute government authorities when they willingly participate and permit large scale riots for electoral benefits. It is as he notes, to speak truth to power.
4. Talking of Justice by Leila Seth
About two years ago, a young woman was gang-raped and grievously injured in New Delhi. It was like any other day in Delhi given the widespread sexual violence and harassment prevalent in it. But this one crime crossed the thresholds of acceptable tolerance. It brought people to the streets and the Government responded by partially acting on the suggestions of the Justice Verma Committee by amending existing criminal law. Justice Leila Seth as a member of the Justice Verma Committee, in her book Talking of Justice, analyses several contentious subjects with tremendous ease. Before proceeding to a legal prescription, she patiently explains the reasons for it. Her prose flows smoothly, in short, crisp sentences which contain not only reason but persuasion. This is not only on the basis of an eloquent legal analysis but also decades of experience and thought on gender. It not only suggests changes in the law, but includes conversations on everyday choices. It leaves a realisation that more than an act of legislature, what is needed are several acts of moral catharsis.
5. Gas Wars: Crony Capitalism and the Ambanis by Paranjoy Guha Thakurta & Subir Ghosh
Though some fatigue has recently set in, one of our national pastimes is discussing corruption. Veteran journalist Paranjoy Guha Thakurta's self-published book, Gas Wars: Crony Capitalism and the Ambanis, details its most virulent form. It demonstrates how a private dispute between two brothers can have at its stake our countries energy security. Reading in parts as a legal memoranda, it explains in detail how corruption is not a simple quid pro quo. It is layered and complex - the bigger the stakes, the higher the complexity. It is an environment in which technical criteria may be determined to favour a particular bidder and then pricing mechanisms may be relaxed to allow windfall gains. Beyond the specifics it cautions against the mutual benefit of corporate entities and government at the cost of the general public.