My father is a practicing lawyer who had an established legal practice. From early age when I used to visit my father’s office, I used to see the respect, which my father commanded. So, from my child hood I aspired to be a lawyer.
You have obtained a Bachelor’s degree in law from I.P. University and completed your Masters at George Washington University. How have these educational experiences shaped your understanding of the legal field and influenced your career?
The mode and technique of teaching law of both the universities is completely different. In my case, I can say that both of them complemented each other. While in IP University it was more of bookish knowledge in George Washington University it was more research-based knowledge. In IP University I studied keeping exams in mind, which was usually when exams were approaching. Whereas in George Washington University I had to study before each and every lecture and used to end up spending double the time of lecture to prepare for class. If you don’t study before the lecture you are not able to understand the lecture. In George Washington University they encourage you to ask questions and method of teaching is more interactive.
You have extensive experience in commercial dispute resolution, arbitration, and corporate advisory. Could you tell us about some of the high-profile cases you have been involved in? What were the challenges you faced, and how did you navigate them?
The firm is handling work of about 25 corporate clients. There are multiple high profile matters our firms are handling. I will share about one matter before NCLT Mumbai in this matter director ship of a director was cancelled on account of non-compliance of certain provision of Registrar of Companies. The said director took an interim injunction from NCLT regarding his expulsion from Board of Directors as the said director held a significant minority shareholding. We took up the matter on behalf of the company and presented before the court as to how our act is influenced by directives of Registrar of companies and was justified in the circumstances and it was not a case of suppression of minority shareholder. The Hon’ble court was pleased to vacate the injunction order and had decided the matter in our favour.
You have authored several articles on various legal topics. Could you give us an overview of some of the key subjects you have covered in your articles? Why did you choose to write on these specific topics, and what impact do you hope they have on the legal community?
Most our articles have been on Arbitration, Contracts, Commercial Laws and Company Law These topics were chosen keeping in mind that they are my strength area with objective to make people and in-house counsel enlightened about the legal nuances of these subject. At Ahuja Law Offices we believe that knowledge increases by sharing and when we write on a subject the subject attains more clarity in our own mind.
In your experience, what are the essential qualities and skills that a successful advocate should possess? How have you cultivated these qualities throughout your career?
An advocate should always post questions and find answers. One needs to develop an analytical bent of mind and logical thinking. Reading and research is essential in legal profession. One should not forget that law is based on logic and necessity. One has to think out of the box to get relief for their clients. You have to give advice to your clients based on what is in best interest of your client and have to win the client’s trust.
The legal landscape is constantly evolving. How do you stay updated with the latest developments and changes in the field? Are there any specific resources or strategies you would recommend to aspiring lawyers?
One has to keep oneself updated with regard to legal and economic developments in his field of practice. For commercial litigation one should go through business newspapers and magazines to understand new issues that are arising in the business field and should work on solution for the same.
Can you share a memorable case or moment from your career that has had a significant impact on you personally or professionally? How did it shape your approach to practicing law?
Every matter has its own importance and you learn new things from each and every matter. The quality of the legal profession is that you face new challenges in every matter and you never feel monotonous. In my collage days I was interning with Mr. Sidharth Luthra, Senior Advocate, at that time Mr. Luthra was handling matter on behalf of Facebook. In that matter I learnt on what arguments a lawyer should focus and how a lawyer has to cover the weaknesses of the case, while arguing a matter before court.
Based on your knowledge and experience, what advice would you give to fresh law graduates who are just starting their careers? What are some important factors they should consider as they enter the legal profession?
They should understand that there are no short cuts to success in legal profession. For first few years a budding lawyer should concentrate on learning work and developing skills. When they know the work money will start flowing automatically. If they will focus on money part in the initial years then they will not make the progress in the profession they deserve.
Ma’am, can you please tell us about your educational background and how you ended up pursuing law at Columbia Law School?
I moved to Mumbai in 2008 to pursue my bachelors in law degree from Government Law College (GLC). After graduating from GLC Mumbai I started my career in the real estate team of the law firm Wadia Gandhy & Co. post which I joined the real estate team at JSA during the course of which I also got the opportunity to work on a few corporate deals. It is during this transition that I realised that I truly enjoy corporate law. To further hone my skills in corporate law, I decided to pursue my masters at Columbia Law School, New York where my course work was focused on corporate law.
You co-founded a boutique law firm in Shanghai tailored to serve Indian multinational companies. What motivated you to establish this firm, and what challenges did you face in the process?
When I moved to China, I got the opportunity to engage in a lot of business development activities. It is at this stage that I realised that along with being a lawyer I thoroughly enjoyed being an entrepreneur as well which made me want to explore the business side of the legal industry more. This is what motivated me to establish a firm along with my partners from Central Asia and China.
The legal industry is extremely competitive as there are so many players in the market. Considering my firm is relatively new in the market, we always have to go the extra mile to gain the trust of our clients to get more engagements from them. This continues to be a challenge but at the same time motivates my whole team to deliver better results.
During the course of your career, you have had the opportunity to represent large private equity funds, corporations, and banks in domestic and cross-border transactions across China, India and USA. Could you share some of the most memorable or impactful transactions you’ve worked on and the lessons you’ve learned from them?
While I was working at Trilegal, we represented the Edelweiss Group on an investment of USD 75 Million from Kora Management. This transaction till date has been the most challenging yet impactful transaction for me so far as this investment was spread across multiple business lines under the Edelweiss Group and some being in the financial sector was heavily regulated. The timeline for this deal was also very short which added to the complexity. Despite these challenges, I learnt how to manage strict deadlines and drafted complex deal documents which helped me grow as a corporate lawyer.
As for China, my whole experience has been a huge learning curve. Not only does language add a challenge but also having to learn the nuisances of practicing law in a civil law country has been extremely challenging yet exciting at the same time.
You have been recognized as one of the “Top 10 Women Leaders from China” by Women Entrepreneur Magazine in India. Can you tell us about your experience as a female leader in the legal field and any challenges you have faced?
Being in an industry which is primarily male dominated is challenging as there are some unconscious bias which exist. However, I think I have been fortunate to have worked with the right people and right team who have always seen the value I can bring to the table despite being of the opposite gender. That being said in a few instances where I have felt that bias, I have not shied away from being outspoken and standing up for what I am deserving of.
Lastly, based on your experiences and success in the legal field, what advice would you give to fresh graduates who are considering a career in law?
The legal field is going to be challenging in the start no matter what one may choose to be their practice area. It is however through consistency and hard work that you can excel in the field of law. Like they say “there are no short cuts to success” and in my experience this is particularly true if one is considering a career in law.
As a conversation starter, could you please tell us about your background and how you developed your expertise in commercial and property-related litigations?
I am born and brought up in Mumbai. I studied law at Government Law College at Mumbai and started interning at Mulla & Mulla & Craigie Blunt & Caroe in my 2nd year of law. During my internship I worked on several commercial and property related litigations. After I graduated, I moved firms and continued to work commercial litigation matters. I also do a fair amount of real estate matters. I have had the privilege of assisting great seniors who were experts in commercial litigation and property related matters and thereby gained a fair amount of experience in litigation and real estate matters.
What do you think are the biggest challenges facing corporations and individuals in litigation today, and how can they navigate them successfully?
There are several challenges that corporations and individuals face in litigation today, some of which include:
Cost: Litigation can be incredibly expensive, with legal fees, court costs, and other expenses. This can be a significant burden for both individuals and corporations.
Time: Litigation can take a long time, often stretching on for months or even years.
Risk: Litigation also carries a significant amount of risk, as the outcome of a case can be unpredictable and can have long-lasting consequences for both individuals and corporations.
To navigate these challenges successfully, individuals and corporations should consider several strategies:
Manage costs: While litigation can be expensive, there are steps that can be taken to manage costs, such as negotiating legal fees, using alternative dispute resolution methods etc.
Be strategic: Developing a clear strategy for the case can help individuals and corporations manage their time and resources more effectively and increase their chances of success.
Communicate effectively: Open and transparent communication with legal counsel can help ensure that everyone is on the same page and can work together more effectively to achieve the desired outcome.
You have also represented clients in high-stake domestic and international arbitration proceedings. What are some of the key differences between arbitration and litigation, and when is one more appropriate than the other?
Arbitration is a process in which a neutral third party, known as an arbitrator, hears evidence and arguments from both sides and makes a final decision. The decision of the arbitrator is binding, meaning that the parties must accept it as final and cannot appeal it except in very limited circumstances. Arbitration is generally less formal and less expensive than litigation and may be quicker in some cases.
Litigation, on the other hand, is the process of bringing a case before a court of law. The court hears evidence and arguments from both sides and makes a final decision, which can be appealed to a higher court if the losing party chooses to do so. Litigation is generally more formal and more expensive than arbitration and can take longer to reach a final resolution.
Whether arbitration or litigation is more appropriate will depend on the specific circumstances of the dispute. In general, arbitration may be more appropriate if the parties want a quicker and less expensive resolution, and if the dispute involves commercial or contractual issues. Litigation may be more appropriate if the dispute involves complex legal or constitutional issues or if one party is seeking a significant monetary award or other type of relief. Ultimately, the decision to use arbitration or litigation will depend on the preferences of the parties involved and their respective legal strategies.
Real estate matters are a significant part of your practice. What are some of the most common issues that arise in property-related transactions, and how can clients protect themselves?
Some of the most common issues that arise in property related transactions are:
Title documents are not stamped and registered. It is essential for transfer documents to be stamped and registered failing which title does not pass. Pre-nineties parties would not stamp and register documents.
In land transactions, revenue records remain to be updated.
In some cases, the original owner has passed away leaving behind will. These wills are sometimes not probated.
Family arrangements entered into between the successors of the original owner are not adequately stamped and registered.
It is essential for a party purchasing property to do a proper title due diligence before purchasing a property. Public notices must be published, necessary searches in the land and revenue records must be taken. In case of companies, ROC search must be conducted to see if there is any charge on the property. Permission of the Charity Commissioner must be taken in case of sale of property belonging to a public trust. The title to the property must be clear and marketable and without any encumbrance. It is important to take adequate safeguards such as indemnities, representations and warranties from the seller. Nowadays, in view of the PMLA Act, it is also suggested that the source of funds out of which the seller purchased the property should also be checked. Purchasers must seek advice of lawyers before purchasing properties and seek their assistance in preparing the documentation. This is important so that they do not have any issues when they want to sell the property.
How do you stay up-to-date with the latest developments in your areas of expertise, and what resources do you rely on?
There are multiple online/ offline resources as on date to aid lawyers stay upto date with the legal developments. However, what I feel is imperative is the discipline and hunger for knowledge. Argus Partners has a robust Knowledge Management practice which ensures that every lawyer in the Firm stays updated with the recent changes/ modifications in his/ her area of practice. Further, we have created internal databases in the Firm for practice areas like arbitration and insolvency which witnesses regular developments. The responsibility to keep these databases up and running is shared by every lawyer of the Firm of the respective practice areas.
Can you share some advice for law students and young lawyers who aspire to have a successful career in litigation and real estate law?
To succeed in litigation and real estate law, you need to have a deep understanding of the legal principles and procedures that apply to these fields. Make sure to take relevant courses during law school, participate in moot court, research/ thought papers and seek out opportunities to work with experienced law firms/ lawyers in these areas for internships/ research associate/ paralegal positions.
I believe that building relationships with other lawyers and professionals in the industry is critical for success along with developing good communication skills. Communication is key in litigation and real estate law, whether it’s presenting an argument in court or negotiating a deal with a client. Practice your writing and public speaking skills and always seek feedback from mentors and colleagues to improve.
Another aspect which I feel is critical to be good lawyer is being detail-oriented. In real estate law, even a small mistake or oversight can have significant consequences. Attention to detail is critical, so make sure to double-check your work and take the time to thoroughly review any legal document.
And last but not the least, stay up-to-date on legal developments will go a long way in making you a champion in your field.
Thus, by focusing on these areas, you can build a strong foundation for a successful career in litigation and real estate law. Remember, success in any field requires hard work, dedication, and a willingness to learn and grow over time.
Lastly, what are your future goals and plans for your career, and what are you most excited about in the coming years?
The ultimate goal is to build a firm which believes in quality, gives client’s excellent advice and helps in getting the best outcomes. The firm is doing some top notch work and growing at a great pace.
With your wide range of practice areas, could you share with us how you developed such a diverse expertise in the field of law?
I have been practicing as a litigating lawyer for just over 10 years now before the High court and National Company Law Tribunal and also International and Domestic Arbitration. I also do general corporate practice, as my firm is an authorized partner with Ras Al Khaimah Economic Zone Authority (RAKEZ) assisting companies to set up businesses in Emirate of Ras Al Khaimah. When you are in litigation, it is very difficult to build an exclusive specialized practice from the start and it is equally very important, initially, to accept briefs or assignments in all areas of law, as it would also increase one’s horizon of knowledge and experience, which is a valuable asset. The practice at the High Court, generally involves knowledge of multiple enactments. One day you are advising and drafting a petition for interim measure in an international commercial arbitration for a client in Singapore and the next day you are representing a farmer from a remote village to obtain his just compensation in a land acquisition process from the government and the day after that you are representing a government employee in a service matter before the High Court or assisting a company to set up their business in Ras Al Khaimah. I had also advised Insurance Regulatory Development Authority on the draft of their health insurance regulations, which gave me an insight into manner of drafting of subordinate legislation and policy. I believe as a lawyer, one should be able to any do any kind of work that the client has a requirement with initially and it is only in the later years, the market will decide one’s area of specialization. When you accept a variety of briefs, the word of mouth spreads about your competence. With the result and partly due to COVID and use of technology, I have business houses calling from remote parts of Maharashtra, Chattisgarh and West Bengal for advise on their commercial transactions and potential disputes.
You have specialized in domestic and international commercial arbitration and insolvency and bankruptcy law. What drew you to these particular areas of law, and what experiences or cases have had the greatest impact on your career in these fields?
My specialization in LLM program at Cambridge was in the field of International Dispute Settlement and International Commercial Litigation. Legal certainty and predictability is very important in commercial disputes, which enables businesses to make sound and informed decisions. Time is money for any business. The object of any commercial litigation is not to be to litigate and spend valuable resources on litigation but to find a way to amicably settle the dispute. It saves great amount of time and money for small and medium businesses. It is always exciting to strategize in commercial disputes as there can never be a one-stop solution for all commercial disputes. Each case is different. That is one of the exciting aspects of commercial disputes.
Initially in my career, it was very heartening to see some small scale business owner trying to enforce his contractual rights against large corporations, as it would be a make or break situation for the small scale business and the survival depends on payments which are yet forthcoming from large businesses. Such cases give confidence and purpose to what I do. Over the years, as one’s visibility and ability to perform increases, the larger corporations also engage you in one of their disputes, perhaps keeping in mind your representations and arguments in a previous matter for small scale business owner.
Could you tell us more about your time at Cambridge and how it shaped your career path?
My time at Cambridge was one of the most memorable time of my life, which was enriching academically and was also a stepping stone for further opportunities. My specialization was in the field of International Dispute Settlement and International Commercial Litigation and Law of World Trade Organization. The academic environment created in Cambridge automatically propels one to perform. I was fortunate to complete my thesis in Investment Arbitration under the supervision of late Professor James Crawford, Former Judge of the International Court of Justice and secure first class in the thesis. The interactions and discussions I had with him are now part of my cherished memories. Thereafter, I also had an opportunity to assist Prof Peter Van Dan Bossche, Former Member, Appellate Body Secretariat, WTO in the drafting and research of the TRIPS Chapter of his book ‘Law and Policy of the World Trade Organization: Texts, Cases and Materials’. These little opportunities propelled my career path towards international arbitration or secure an internship with the WTO Appellate Body Secretariat.
From your advocacy and advisory work to your internships at the World Trade Organization and Debevoise and Plimpton LLP in London, could you share some notable experiences or cases that have helped shape your approach to law?
During my internship experience at the Appellate Body Secretariat, WTO, Geneva, I got first hand experience of how laws applied at an international level and how a member’s view or perspective has the effect on a ruling and how geo-politics also has an effect on how cases are viewed by members. The AB Secretariat is assisted by several dispute settlement lawyers who assist the AB in preparation and research of the AB reports in the cases brought to it by member states. In one such issue, the issue was whose appeal is to be numbered first, if the appeals are filed on the same day. The nations at issue were two large economies of the world, one democratic and the other non-democratic. The representatives of both nations were at logger heads as to their appeal to be numbered first. Then it was decided by the AB that there will be a draw of lots and the first chit out of the box will have their appeal numbered first. A meeting was called for of the representatives and all the lawyers and staff were directed to be present. The next issue was who has to pick the lot. And lo behold, I was the person summoned to draw the lot as I was the junior most person in the room. I picked one. It gave me insight into how international rules are applied to see that disputes, howsoever trivial, are resolved. It gave me an insight into a realistic approact to application of the law to resolve disputes. Apart from that, I had also a chance to attend and witness meetings of the Dispute Settlement Body which are held on a regular basis and understand each member’s view point on a dispute pending before it.
During my time at Debevoise, London, I was mostly assisting the arbitration team in investor state arbitration and international commercial arbitration. The firm was representing a nation state in a commercial arbitration dispute which was primarily with respect to construction of oil and gas pipeline in the Middle East. The case involved issues of law of nation state as well as applicability of public international law in respect of state responsibility. I had also a chance to work on a research paper as to the advantages and disadvantages of use of artificial intelligence in international arbitration. It was an open ended topic so I had a chance to be creative with thought provoking ideas. I also had an opportunity to assist the team, which was advising a client on business integrity issues in respect of performance of contract with a contractor in a least developed country.
As someone qualified to practice law in both India and the United Kingdom, how do you navigate the different legal systems and regulations in these jurisdictions? What challenges and opportunities do you encounter in your international legal practice?
There are quite a few similarities between the English law and Indian law in field of commercial contracts and commercial disputes. Most of the aspects of law such as interpretation of contracts, law of damages and assessment of quantum of damages, which we see in India, have their basis in English law.
Culturally, India is not a litigious society. As India moves towards more open market, and many businesses also move outwards for opportunities exploring other markets in the world, the work for commercial disputes is bound to increase. I see that lawyers in India are equally competent and competitive and foresee opportunities for them also increase. However, for over a century now, London continues to hold the preferred seat for arbitration and commercial litigation for cross border disputes and English law as the choice of law for such disputes, though the companies may have no physical presence in England. Possibly it is because of certainty, predictability and stability in the legal system that London has to offer. If an Indian Company has the option of engaging an English qualified Indian Lawyer, it would be easier for them in terms of comfort as well as cost. Infact, I would like to see a foreign seated company engage a Indian law firm or an Indian lawyer for their international commercial arbitration outside of India. When it can happen in information technology services sector, why not in legal sector.
The challenge the Indian legal system now faces, is one of pendency and effectiveness in terms of enforcement of judgements. Both reasons have grave effect on how foreign investors view the Indian Legal system to be a preferred mode of system for settlement of disputes. There are about 8-10 forums providing rights for creditor to initiate recovery proceedings like civil suit, commercial court, debt recovery tribunal, insolvency, winding up, MSME facilitation council, arbitration councils but still the last mile delivery of enforcement of the decrees before the decree holder actually sees the recoveries or monies in his account is very slow. That may create some anxiety in minds of few with respect to the effectiveness of the legal system.
You’ve published several papers and articles in domestic and international law journals. Could you highlight one or two of your publications that you believe have had a significant impact or have generated interesting discussions within the legal community?
Though the publications are on varied subjects, I believe the stand out to be one in field of nuclear liability, which was published in the International Energy Law Review. It was written just after the Fukushima nuclear accident. The article was a comprehensive analysis of the international law and national laws in respect of regulations and laws with respect to nuclear safety and safeguards, rules governing the international trade in nuclear waste and rules with respect to transportation of radioactive material and the domestic and international law in respect of the liability regime in the event of nuclear accident. The object of the regulations is to attract private investments and also trade in nuclear fuel in a peaceful and environmentally sustainable manner. I had also argued that capacity building in nations and cooperation amongst nations is the primary requirement to have a peaceful mode of trade in nuclear fuel, which is essential peace, security and development of any nation state.
You’re frequently invited to law colleges to judge moot court competitions and deliver guest lectures in corporate law and arbitration. What motivates you to engage with law students and young professionals in this manner, and what advice do you often find yourself giving to those entering the legal field?
Moot Court competitions, guest lectures and webinars are good platforms for brain storming sessions and exchange of ideas, and is part of the learning curve and self-enquiry. It also keeps one abreast with latest updates of law and also understand perspectives, which may be difficult in regular rigmarole of litigation practice. As a lawyer, whether in litigation or general corporate practice, it is important to be updated with the new changes in the law and also updated with the latest judgements of the supreme court. Any judgement read, the judgement should be noted down in a ‘green book’ whereby it is very easy to again reference back to it when the need arises. I maintain a ‘green book’ which has a list of judgements subject wise, with the relevant citations. Though internet research is a very useful tool, it is important to have a personal database written as it is edged in one’s memory forever. It is always important to read a wide variety of subjects apart from law, such as politics, economics, non-fiction, biographies, historical fiction, editorials which increases your horizon of knowledge, vocabulary and perspective. The more one reads on varied subjects including law the more one is confident to represent in court.
Considering your vast experience and expertise, what advice would you like to share with fresh graduates who are just starting their careers in law?
The opportunities that are available to young graduates are endless. Aspire for excellence in law and never settle for mediocrity. It is important to have an open mind as to opportunities around you. There are several rural and marginal groups who lack knowledge to enforce their rights in a court of law, so that way the potential is unlimited.
If one is planning to enter into litigation practice as a career option, it is important to bear in mind that one has to be ready for a grind which is for the long haul, and there is no option for a short term stint in litigation. The waiting period for recognition is now, perhaps, reduced to 5-7 years, which was earlier 15-20 years in the previous generation. Having said that, one is also required to put in long hours in the initial days, after which the existential and survival issues are taken care of. The variety and range of clients one meets, small, big, rich, highly educated, illiterate, elite, poor and downtrodden and the variety of problems that one deals with in litigation and the privilege of having been given an opportunity to solve them is extremely gratifying. I do understand young graduates may have some anxiety about financial security, but they need not worry about that in litigation, as once one is established in practice, remuneration is not far away.
Lastly, it is important to be brutally honest with your advice to the client, as the client is entitled to the best in you and in what you can offer. It is very important that in order to gain the trust of one’s client, the lawyer and client are on the same page at every step of the matter. Even if the client may not like to hear what advice you have to give, as a professional, one is required to be honest to the client.
How did you become a lawyer from being a poultry farmer and broom seller?
After graduating in B.Sc from University Maharaja College, Jaipur, I ran small poultry farm along with selling brooms in local city areas. Managed day to day work, did labour / manual farm work & selling broomsticks. Upon one of my travel to New Delhi got a chance to see law firms which changed my idea from being a poultry farmer & broom seller to become lawyer. It was a very difficult phase of my life as to transition from being a labourer to become lawyer without any generational support, no one known in Delhi or in legal fraternity to support but it was one of the best times as well.
How satisfying has your journey been, transitioning from a litigator to becoming an in-house counsel with one of the topmost corporations, and now returning to being a partner and dispute resolution lawyer with a top law firm?
God has been kind. Being first generation lawyer was privileged to work with Karanjawala & Company India’s top law litigation firm. There practiced all segments of law criminal & civil. I appeared for various clients involving peculiar kind of legal issues before various Courts & briefed Senior Counsels. This made me not only learn the basics of law but how to appear before Courts and be dutiful towards Clients and most importantly Courts of Law. Apart from this practiced law with Chambers of Ankur Chawla for a short period where got experienced more of Trial Court.
I further worked with great corporates like Hindustan Unilever Limited (HUL) as Regional Legal Head where handled general corporate advisory related to Food Laws, IPR, Retail, Franchising, Brand Protection & General Litigation involving various segments of laws, Compliance & Reporting, Code and concept of business partnering.
The experience with Indiabulls HousingFinance Limited taught me intricate nature of financial laws, complexities of Real Estate laws (RERA), Insolvency (I&B Code), Facets of Consumer laws, how to handle complex litigations & large legal teams.
Wipro Limited being Information Technology Giant offered rich knowledge on global eco-system surrounding Ethical & Code practices, Trade & Sanction Laws, Anti- Bribery and Anti- Corruption landscape, Code Policy drafting clubbed with Enterprise Risk Mitigation, Functional Support to Internal Audit and other functions, training & delivery on statutory compliances to Audit Committee and Board. These stints benefitted me with overall rich experience in handling legal issues related to FMCG, Banking and Info Tech nature of businesses.
All clubbed together are of immense legal & practical value which assist me to handle issues from Client & Business perspective. I must state that it’s an extremely difficult role to be In-House Counsel but it’s truly fascinating to help the brands grow in most effective & compliant manner. Today I appear in various Courts and practice law which I believe is the duty of being a true lawyer.
Whether working in-house or with a law firm, what are your thoughts and what are the key attributes required for a lawyer?
Both are truly fascinating & satisfying. Working In House within Company has variety of attributes which may be:
Complete know how of your business & functions
Knowledge of Functional Laws & its implications
Red flagging key issues and reporting with ease and without legalese
Weak points, how to highlight with solutions absorbable by business partner
NO to be avoided as it’s taken as not able to business partner but have balancing approach
Exhibit & highlight your work upon every stage regardless nature of work else non-highlight of work at appropriate time & spot weakens its delivery value.
Ability to showcase achievement without delay to your superiors and demonstrate value towards the company
Keeping above aspects in mind, the lawyer doing work in-house should be able to demonstrate the outcome immediately to management.
Working with firm & lawyers- the key attributes which may be:
Ability to conduct swift & voracious reading of papers on short time
Grasp facts without any constraint
Prepare error free draft in easy legal language
Up to date Legal knowledge of the issue at hand
Overall handling & case management (Start to End)
Client & partner satisfaction
Timelines and Delivery
Sincerity & Devotion – as outcome of the case is decided by Court where no errors can happen
Smoothly conduct conference with Client and Senior Lawyer
Conduct research of case laws, precedents for the issue at hand
Most importantly liking for law and legal profession
Maintaining diary of dates and filing
Considering above my view is – it depends on lawyer as to where the professional satisfaction is matched. Both are good to learn and practice law.
How do you provide the best possible legal advice to a client even though telling the truth may affect revenue?
Firstly honesty is the only way. Must have non- negotiable honesty with clients whilst providing legal opinions or leading them in litigation. Represent them with honesty before Courts as primary duty of lawyer is being officer of Court. Secondly there is no substitute for hard work. Work hard on clients briefs and research law/ try your best to get relief for client without loss of integrity.
How do you feel now that you’re back in practice from the in-house advisory?
I think that both are always good and satisfying.
To be successful you need to take bigger challenges and grow out of your comfort zone. That is what life is all about.
However it is always good to be in active legal practice, help various clients resolve issues, appear before Courts for their rights and interests. This would mean to deal in real time cases, draft pleadings, research law and precedents which is very different than sitting in background and advising In- House. However it depends on what a personal choice is for a lawyer & what is the preference. Sooner and later the In House advisory would end due to job becoming mundane, no challenges, burn out or retirement but the legal world is always open for practice regardless of age.
To start this conversation, could you please tell us how did you end up in law, and what inspired you to focus on competition law?
Law was never planned. I was a science student who feared mathematics and was sure that medical was not in the mix because of many years of studies involved. That left a few choices — law still wasn’t an option. I come from Udaipur in Rajasthan, law wasn’t a popular choice in my city at that time, very few people knew about 5-year law course and existence of National Law universities. For me, law happened in the process of trying everything else that was left and during the preparation of entrances it looked interesting. Then I secured a spot at NLU Delhi as part of the first batch.
Competition law isn’t a mandatory subject in law schools. I developed some interest in the subject after I did a couple of moot court competitions on competition law. In my university at that time, moot court competitions were far more important than they should be, partly because as first batch we had limited things to do and limited guidance. These moot courts helped me secure some internships in the competition law teams of law firms and then I started enjoying it. Competition law is a very practical law and every new case or a proposition requires you to understand how that business works. This is immense learning and the other thing is that this law requires you to understand economics which is very interesting.
You’ve worked with several prestigious law firms in India, including Talwar Thakore & Associates, Shardul Amarchand Mangaldas & Co., and now AZB & Partners. How has your experience differed across these firms, and what have you learned from each of them?
I have been privileged to have worked with some of the best competition lawyers. It’s difficult to compartmentalize the learning because I have been at these places in different phases of my career.
I started my career with undivided Amarchand and continued at Shardul Amarchand. The team then wasn’t large and they were already doing some of the most important cases. The biggest learning for me in my formative years there was agility and pace that law firm practice demands. We used to do multiple diverse things in a day ranging from attending a court hearing, advising on commercial arrangements, preparing merger notifications for many days. Over the period, as the team grew, working with people of different approaches and styles helped developed adaptiveness which has always helped me.
TT&A competition team was small and doing quality work. My takeaway from this short stint was to develop strategic thinking. In some sense, this was shifting gears from being a pure executioner to a well-rounded lawyer who can be a trusted advisor to the clients.
By the time I joined AZB I had spent more than 5 years practicing competition law and had experienced two law firms. AZB has been a great platform in honing skills of client management, leadership and providing commercial solutions. AZB as a firm encourages growth in terms of even young people taking up challenging roles and be the front and center of top cases. Obviously, you develop these skills as you go along but there is genuine encouragement and effort in pushing people to take ownership. This continues to be a good thing for me.
The biggest learning common across the three places I have worked is to continue to keep the hunger to be better, to be part of leading cases, to be involved in policy shaping.
As a senior associate and now partner in the competition law team, you’ve worked on a variety of high-profile cases. Can you share some of the most challenging and interestingexperiences and outcomes?
It may sound cliched but every case is challenging, interesting and high-profile for the client you are working for. I have been very fortunate to have worked on a number of precedent setting cases. Regardless of the outcome, I have personally enjoyed working on some enforcement cases in the natural resources sector and technological markets.
One of the most interesting cases that I had the opportunity work on was a case that defined the boundaries between competition law and sectoral regulators. There are areas between competition law and sectoral regulations that overlap and this interesting debate was settled by the constitutional courts. This was a great learning experience also because we had to deal with other areas of law and try to align them to the competition law.
This is the age of technology and there are many cases in this area that I am currently working on. Novelty of issues in the tech cases I have worked on pushed us to go the extra mile to bring forth the most lucid way of putting across a point. It is really enjoyable to do that extra research and acquaint yourself to the issues, the product and then the competition concerns. The area is new to the lawyers and the regulators and therefore challenging. However, the best part about technology related issues is that it is pragmatic, it relates to things happening around you, it feels like you are dealing with real life situations around you. The law is still developing in this field and it is a great opportunity to be part of development of law.
Merger control is a big part of competition law. Could you walk us through the process of advising clients on securing CCI’s clearance for mergers across various industry segments, including telecom, technology, defence, cinema exhibition, aviation, packaging, and shipping?
Merger control is a key part of competition law practice. Having narrowed down to practicing competition law, I couldn’t afford to confine myself to antitrust aspects only. Merger control may appear to be relatively straightforward but there are different kinds of challenges there.
There is a lot of creative structuring of transactions and that makes the aspect of notification itself interesting. There are a series of exemptions which leave some room for interpretation and application.
Then there is the actual notification part. You need to understand the business for making merger control filings with the CCI. There is a lot of interaction with the business teams while preparing the notification form to define market, to collect data and business specific information. In some complex merger control filings, there is a lot of economic analysis involved. The important thing about merger control is that it is forward looking so the regulator and the lawyers have to both be clear and careful at the same time when analysing a complex merger control case.
You’ve also advised clients on competition as well as litigation in cases involving complex intersection of competition laws and intellectual property rights. How do you navigate these complex legal issues, and what are some of the key challenges you’ve faced in these cases?
This is a very interesting intersection of two laws that aim to support innovation and consumer benefit. But on the face of it look contradictory. IP laws say that innovator should have exclusive right over its innovation and the competition law say that exclusivity is bad.
So, when we faced cases where people complained against IP holders alleging abuse of dominance, it raised really complex issues. Thankfully, there was some guidance from other mature jurisdictions who have seen these issues. But to contextualize them in Indian context before courts was a very interesting experience. Some of these cases are still live and it will be an interesting to see how the CCI and courts decide these issues.
You clerked under Justice V S Sirpurkar, Former Chairman, Competition Appellate Tribunal and Former Judge Supreme Court of India. How did this experience shape your understanding of competition law and your approach to legal work?
This was my last internship in the University. I had done 2-3 internships in competition law before this but undoubtedly, the clerkship at the COMPAT was most rewarding for multiple reasons. Learning the subject, preparing for cases and just general work ethic. I learnt a lot from the close association with Justice Sirpurkar.
Had the good fortune of seeing some of the most important cases on competition law argued when I was assisting Justice Sirpurkar. In some sense it was my real exposure to the law. Because you could see all kinds of cases and all kinds of lawyers argue cases, I also closely saw the preparation that goes in preparing for a matter. Had a first-hand experience of seeing the difference between a manageable day, a good day and a great day in the court. Judges by definition are keen observers and a good preparation sets the case apart.
Justice Sirpurkar is a generalist judge so he used to put in extra effort in understanding and studying the law. Consequently, I needed to study, discuss and analyse the legal issues with him regularly. That period was more of a practical education than of first brush with working in competition law for me.
What are some of the most exciting developments in competition law right now, and how do you see the field evolving in the next few years?
As I said earlier, this subject is extremely pragmatic and relatable so it is not going out of fashion anytime soon. On a lighter note, businesses as they grow big, they will do things to remain there and cartels date back to the beginning of the civilization so I don’t see that stopping anytime.
What changes about the law is applicability to the things that are happening around you. Today the buzz in the town is big-tech and their conduct. There is an ongoing debate across the globe on whether the existing tools on competition law are sufficient to address the so-called new age problems around big-tech. In India, we have had our own share of play with big-tech some cases are decided others are under investigation. Policy level changes to have dedicated laws around regulating are being discussed and there is likely to be experimentation around that. So interesting times ahead and happy to be part of this.
What do you like to do when you’re not practicing law? Any hobbies or interests that you’d like to share with our viewers?
I listen to music and constantly try to revive my dying habit of non-law reading. Watching fiction takes most of my time reserved for hobbies and am trying to change that. If I could give one advise to lawyers just joining the profession, it will be that make that extra effort in keeping your hobbies alive, take time out to follow them. It is important to have them otherwise this profession can suck you into it without you even realizing it.
Finally, what advice would you give to law students and young lawyers who are interested in pursuing a career in competition law, and what qualities do you think are essential for success in this field?
That is a simple answer for me. Professional competence is important but it is just the bare minimum. You need to have an inquisitive mind and be practical in your approach. Try to step into the shoes of the client who needs to run a business and is seeking advice from you. These qualities are needed across the board for doing well in any stream of law.
Sir, can you tell us a little bit about yourself and how you became interested in law?
I describe myself as a person on the prowl for learning new things. Even when I was pursuing Engineering, I always had an eye out for the latest developments in the law. Subsequently, I completed a course to feed my curiosity in Cyber Law then got my law degree followed by a Master’s degree and, ever since, have not looked back.
What inspired you to focus on trademark, copyright, design and patent law, and what do you find most rewarding about it?
My inspiration is derived from the omnipresent nature of Intellectual Property. From the clothes we wear to the recipes of food we eat, IP forms a part of anything and everything that revolves around us on a daily basis. If that is not inspiration, then what is? The most rewarding factor of IP is the never-ending brain-racking challenges the clients present in continual. To fit their ideas into the right mould in IP and the same reaching to fruition is what being rewarded truly means to me.
Could you describe your experience as a founder of Lawdroit and the types of cases you handle there?
LawDroit is a dynamic law firm. I established it with the motive of “IP under one roof,” and that is what I have aimed for. I started off with India-based clients, the work involves IP prosecution to litigation, and now with the help of my team have slowly expanded into International arenas as well. The experience has been nothing short of a roller-coaster ride, but when you love what you do, the low lows are a teaching point rather than a despondent experience.
How do you advise clients on the registrability of trademarks, and what factors do you consider when conducting trademark clearance searches?
All my work experience has taught me is that the trademark clearance search forms the ground norm of any brand. I usually assess a trademark based on how unique it is for the perceiving public. The questions I ask myself while conducting a search involve the risk of confusion, availability in the Trade Mark Office register, and whether a prior party exists, which can later turn into a red flag.
How do you approach opposition proceedings, and what strategies have you found to be most effective?
The most effective strategy is gauging the interest and capabilities of the other party. Before commencing an opposition proceeding, I make sure to assess how my client’s rights in the conflicting trademark are getting affected and what is the severity of such an infringement. The strategies revolve around honest concurrent use or acquired statutory or common-law rights.
What do you think are the biggest challenges facing intellectual property law in today’s global economy?
The first and foremost challenge I can put my finger on is the lack of knowledge. The unawareness of the aspects or the prospects that surround IP. I have come across various instances where a client wishes to safeguard a particular design but has already released it in the public domain, which makes it outrightly impossible to protect such nuances that can easily be avoided with proper awareness.
You mentioned that you will be appearing for the Barrister and Solicitor exam in Canada later this year. What motivated you to pursue this additional qualification?
I embarked on this journey a while ago, and additional qualifications never hurt. My only motivation, as also stated above that we are now expanding our clientele internationally, and this step was taken to embark on more projects with primary knowledge of the Canadian law of the land.
Finally, what advice would you give to fresh graduates who are interested in pursuing a career in law, particularly in the area of intellectual property?
My advice is two-fold. First, do not be dependent on someone to come and spoon-feed you the procedures and the law. In today’s internet era, when there is a never-ending cluster of knowledge, embrace that and read. Secondly, do not shy away from asking questions during internships and do not decide on a particular field too early. Explore a little and circle back to what floats your boat and will continue to float your boat 30 years down the line as well.
Sir, can you tell us a little about your background and how you first became interested in law?
Coming from a legal background, it was my natural instinct to get attracted to the legal profession and follow in the footsteps paved by my father and grandfather. I still remember my school days when my father used to take me to the court and let me watch the proceedings even though I never understood what transpired there. But it was still a thrilling experience for me to watch live actions in the courtroom which was entirely different from what was shown in movies. From my younger times, I was fascinated by the amazing world of law and had a strong determination to become a lawyer. Though my dream was to become a barrister I ended up being an advocate.
What inspired you to specialize in maritime and shipping law specifically?
During my initial days in the profession as a junior advocate, I had occasions to deal with matters relating to maritime and shipping law, including cargo claims and ship detention. But I never had a sound knowledge of this subject. The legal profession being a knowledge-based industry, I felt that it was necessary for anyone aspiring to specialise in any branch of law to acquire considerable knowledge on the subject. Shipping being an international branch of law it was all the more necessary to be familiar with International conventions which govern the field. India being a maritime nation and government promoting port sector and allied infrastructure development it is just a matter of time that maritime activities will flourish and as a consequence commercial disputes could emerge. That apart, only very few firms in India handle maritime disputes on an exclusive basis. It was in this background that I felt the need to set up a boutique firm handling maritime-related issues.
Can you walk us through some of the most interesting cases you’ve worked on throughout your career?
Shipping-related issues are always interesting considering the element of adventure involved in maritime. During ancient days, the shipping industry was considered suitable for those who are bold and brave and ready to face the perils of the sea. I had occasions to conduct maritime cases on a pan india basis involving huge stakes and also cases relating to piracy, salvage and general average which are not very common in India. One such case which went all the way to Supreme Court was related to the detention and arrest of crew onboard a foreign flag vessel suspecting possession of arms onboard. In fact, the vessel was involved in anti-piracy operations and as part of its engagement to provide security for merchant vessels transiting through high-risk areas, it used to deploy armed guards. On the premise that possession of arms without license is illegal under the Arms Act in India, the entire crew onboard the vessel was arrested most of whom are foreign nationals. The crew were forced to remain in India for a few years until the court set them free of all allegations. I also had occasion to appear before foreign seated arbitral tribunals in disputes relating to Charter party, new constructions, salvage etc. I was also fortunate to be nominated as arbitrator under LMAA terms on a couple of occasions.
You’ve spoken at numerous international events and served as a faculty member at several universities. What motivates you to pursue these opportunities outside of your practice?
I always believe that if sharing your experiences and knowledge even if in a small way could benefit others then that is the best way to reciprocate what the legal industry has given you. That apart, interacting with people from different parts of the world will give us new ideas and also provide with new opportunities, for further advancement of career. It is often said that being a lawyer, you are part of a learning process almost every day and therefore through knowledge sharing sessions you also gain valuable insights into new developments in the field of law.
Can you share any particular challenges or obstacles you faced while building your law firm, UMLC?
Though we were able to develop shipping practise within India in considerably short period of time, it was not an easy task to make the presence of the firm felt in the international arena. However, with constant efforts including attending international conferences and building a global network especially in key jurisdictions the firm was able to get over the initial struggles during the formative stage. When foreign firms are able to publicise their core strengths and achievements through advertisements and websites, we still have restrictions to follow the same in India. Thus atleast in maritime sector it doesn’t provide a level playing field thus putting Indian firms to much disadvantage. Having said that I believe that publicity for a lawyer should be achieved through client satisfaction and maintaining high level of ethical and professional standards in the chosen field.
What do you think sets UMLC apart from other law firms specializing in admiralty law?
Apart from regular cargo claims and ship arrests, our core area of specialisation lies in charter party disputes which eventually lead to maritime arbitrations seated in foreign jurisdictions. Doing LLM in maritime law from Southampton University has indeed helped me in connecting with key people in the industry especially those working in clubs and shipping law firms abroad. This has tremendously helped us in handling legal matters in India as well as in foreign jurisdictions with lot of ease and comfort.
As someone who has been in the legal field for over 25 years, what advice would you offer to recent law graduates who are just starting out?
The only advice I could give to young potential lawyers is that there are no shortcuts to success and the only way to achieve the same is through hard work, dedication and perseverance. One should never compromise on ethics and must follow the best practices in the industry. Take up every opportunity you get as a learning experience and never stop learning.
How did you end up pursuing a career in law, and what inspired you to specialize in corporate and commercial law, M&A, joint ventures, private equity, exchange control and foreign investment?
I completed my schooling from a very small town, Bokaro in Jharkhand. I was a science student until my 12th Board, however, I did not find interest in continuing with science and was hoping to change my stream. I started applying for journalism courses in Delhi and thought that this career path is the most suitable for me. I came to know about National Law Schools through my brother and decided to explore both journalism as well as law. I got selected for both, however decided to opt for law.
I was selected for an internship in 2011 with DH Law (which merged its practices with Link Legal in 2016). During this internship, I worked on a lot of assignments relating to M&A, joint ventures and researched a lot on companies, businesses and regulatory issues. This created a vast interest in continuing in the same field and I was fortunate to receive a job offer from DH Law, Mumbai, post completion of my B.A. LL.B.(Hons.) in 2012. While I was ready to start my career in any given practice area, I found interest in this particular area after I was involved in all the stages of an acquisition deal in 2013. Thereafter, I decided to continue this area of practice.
Can you walk us through your experience working as an Associate at DH Law Associates and Senior Associate at Link Legal, Mumbai? What were some of the challenges you faced, and how did you overcome them?
I started with DH Law as an Associate in 2012. It was a smaller set up with great mentors. I had an opportunity to work on various assignments including deals, international arbitration, litigation as well as advisory. The challenge at the initial stage was to learn by yourself and deliver in time. As a fresh graduate, who had no experience of even an internship in a bigger law firm, the major challenge was to meet the quality of deliverables with market standards. With the guidance of the partners of DH Law coupled with my own passion and hard work, I think I was able to meet the required deliverables. Once a law student is required to work as a qualified lawyer, the main challenge is to understand the right issue involved in any assignment. Framing of the right issue is challenging initially, however, if you learn that art, you will succeed in profession.
DH Law merged its practices with Link Legal in 2016 and I also became a part of Link Legal and worked as a Senior Associate. The main challenge of a Senior Associate is to own the assignment, lead the transaction and simultaneously start training the juniors in the team. Delegation is the key when you take up major responsibilities. There are always late working hours depending upon the work load, however, you need to put that extra effort and concentrate on your value addition on the entire transaction.
As the Deputy General Manager (Legal) at Lodha Group, how did you manage to handle the legal responsibilities for one of India’s largest real estate developers? What were some of the significant projects you worked on, and how did you add value to the company?
The decision to move to Lodha Group came after a lot of thought where I wished to experience the challenges of an in-house counsel. I would say that the legal team in Lodha Group consisted of one of the bests lawyers whose professional approach was top notch. As an in-house counsel there are several challenges with more accountability on whatever you advise and strategies for the company. Lodha Group is one of the largest developers and were in the phase of expansion which required a lot of investments, joint ventures and commercial arrangements with big real estate funds, investors and banks. During my time at Lodha Group, I worked on assignments including setting up of infrastructure park, structured financing deals, debt investment assignments and joint ventures on regular basis. I think my transactional experience working with DH Law and Link Legal helped me to add value in these transactions and achieve the objectives of my team in timely manner.
You have been recognized among the top individual lawyers for corporate and commercial law in the Forbes India Legal Power List 2021. How did you achieve this recognition, and what advice would you give to young lawyers aspiring to follow in your footsteps?
I felt delighted and humbled after being recognized by Forbes India amongst the top lawyers (less than 10 years’ experience). There was no planning to achieve this, frankly, it happened due to the visibility and experience you gain in the market. The client’s feedback is of utmost importance in any feet you achieve. Post this recognition, in 2022, I have also been named as a ‘Future Legal Leader’ by India Business Law Journal and as a ‘next generation partner’ by Legal 500. All these recognitions come only when you are recommended by your clients which means that you have to give your hundred percent on whatever assignments you are working on. A piece of advice to the younger lawyers would be to focus on quality of your deliverables and automatically your visibility and client recommendations will increase.
Can you describe your role as an Associate Partner at Link Legal, Mumbai, and the most exciting projects you have worked on in this capacity?
As an Associate Partner at Link Legal, Mumbai, my role is to work as a leader of assignments within the team, be responsible for client deliverables, business development, managing your resources and work allocation. Some of the exciting transactions that I have worked in this capacity are –
Advised Auctus Advisors and its shareholders on its acquisition by YCP Solidiance International, a subsidiary of YCP Holdings, which is a company listed on the Tokyo Stock Exchange.
Advised JSW Foundation in setting up of the Skill India Impact Bond, a first of its kind and India’s largest impact bond, launched by the National Skill Development Corporation (NSDC). The other funding members of the SIIB includes, British Asian Trust, the Michael & Susan Dell Foundation, the Children’s Investment Fund Foundation, HSBC India and Dubai Cares, with FCDO (UK Government) & USAID as technical partners.
Advised Doncasters Group of Companies in relation to the Indian element of its global acquisition of Uni-Pol Group of Companies.
Advised Howen International Fund SPC, a Cayman Island fund, in its pre-series A investment in Sundaravijayam Automobiles Services Private Limited (known as Ready Assist).
Advised Almas Global Opportunity Fund SPC, a Cayman Islands based fund, in its investment of approximately USD 4 (Four) Million through primary and secondary investment in Jupitice Justice Technologies Private Limited, a justice technology company based in Chandigarh, India.
How do you keep up with the constantly evolving legal landscape, and what resources do you rely on to stay informed about the latest developments in your field?
There are several ways to keep yourself updated. The first and foremost is to read the newspapers every morning. Newspapers capturing the business updates are very crucial and reading articles provides you with the sectoral knowledge and the relevant updates. As a transactional lawyer, you need to religiously start your day by visiting three important websites of the regulators – Ministry of Corporate Affairs, Securities and Exchange Board of India and The Reserve Bank of India. This habit will keep you updated in this constantly evolving legal landscape.
What advice would you give to the young professionals who are at the struggling phase of their respective careers?
It is important for young professional in this field to learn as much as they can and develop their skills as a lawyer. We all lawyers are fortunate that ‘skill’ is paramount and most valuable factor to be successful and survive in the legal industry. This is a knowledge-based industry and if you have the knowledge, you will keep getting the work and keep growing in the legal industry, irrespective of your personal/professional background.
Did you always choose to be an advocate or there were other plans as well?
I actually wanted to convert my love for painting and creativity into a career and I wanted to be a fashion designer. However, law also always seemed very exciting and I ultimately decided to choose this path. Today I can safely say that I made a good decision. There is immense pleasure in serving the society in a way I am able to do now. Everyday there is a sense of calm and peace and that belief that I made a difference.
How challenging has it been maintaining a work-life balance and how young legal professionals can learn to strike that balance in their professional lives?
Today’s working environment has a lot of pressures attached to it with several deadlines and deliverables and deliverables are required as of ‘yesterday’. Running a firm has required me to be on my toes for different reasons everyday. It has been overwhelming on many days too! One thing that really works for me is to try and visualise my week as much as possible and plan it in advance. When I started I felt like planning itself takes 2-3 hours of my time and I couldn’t plan days to the T as there would always be surprises but taking some time to plan my days has really helped me in the long run. It just provides a method to the madness. Further, I have a team of 20 currently. Planning helps me plan their work as well which in turn means they are prepared. In fact, I have often recommended planning in advance to my associates as well and I can see that when they do that too, there is less anxiety, quick delivery and better work life balance. Some days, as I mentioned, can be exceptional depending on sudden work demands. In such situations, its important to prioritise the most important deliverables and be aware that certain other deliverables may suffer and be prepared to let somethings go.
With having such a great experience on POSH and training in the same, according to you what creates an obstacle for a great work environment in any organisation?
After having conducted 250+ trainings and 200+ inquiries on this subject, I can safely say that it’s a culmination of a lot of things. There can be several factors that create obstacles for a great work environment in any organization and it can also include aspects such as micromanagement, unhealthy competition, lack of recognition and appreciation etc. However, in the context of the work I do, I think some of the below play a key role:
Lack of respect: Sometimes, based on the complaints I get, it appears as though there is complete disregard for respect for the other person. There is nothing wrong in asking a person out. However, in spite of repetitively and clearly stating that one may not be interested, there still appears to be lack of respect for that decision and constant follow ups. This leads to mental breakdowns sometimes and complaints.
Miscommunications – intent vs. impact: Sometimes, what a person says is very different from what a person understands. While one may say something to help the other, the other feels as though their private space is being invaded in, for example. This also acts as an obstacle for a great workplace. Further, when there is a lack of open and honest communication between management and employees or among team members, it can create confusion, misunderstandings, and a lack of trust.
Inadequate leadership and vision: if leaders do not walk the talk and themselves engage in inappropriate behaviour, there is very little for others to learn. Abusive language is often considered as cool in modern workplaces and the impact is that right from leaders to new joinee – everyone ends up speaking the same language. New joinees often feel ‘that’s the way it is’ and they must become a part of the culture to really be a part of the culture. Often leaders also misuse their position and engage in harassing behaviour knowing that very few people to no one may have the courage to report – thereby percolating the behaviour throughout the fabric of the organization.
Unfair or unequal treatment: Discrimination, bias, or favoritism also ads to toxic work environment that erodes trust and morale. While there are more and more regulations coming in, it is important to inculcate the practice of equal treatment to all.
What was that one case in your life wrt POSH and Child Safety at work that completely shocked you? If you could share some brief facts about it?
Given that instances such as these have to be dealt with confidentially, I am not at liberty to discuss facts of any of the complaints I have handled. However, I can certainly say that most of the complaints feel shocking still even after having handled hundreds of them. This is not an area of work where you ever receive a pleasant concern. Anyone looking to work in this space, must consider the fact that such complaints may (most of the times) feel deeply inappropriate, triggering and may even lead to emotional or mental breakdown in extreme cases. Most of the times complaints that involve sexual assault or rape are the most disturbing. One example that I can think of right now is a case in which a child was raped by the father and the mother was aware of it. She did not say anything as she did not want the name of the family to get ruined.
Congratulations Shivangi on your publications on several topics! But as digital media creates mis-information as well sometimes, how beneficial are the newly built websites and journals for updating yourself wrt regulatory changes?
I think this is a very important and a relevant question today. I think we have a mix of ways in which information is being put out– some are very professional and sensitive (and that may give you the right information). Some on the other hand may use CHAT GPT for example to create content which you absolutely cannot depend on! also, this culture has someone got stuck to students in a way that often interns quote website links (which could be news paper articles) as legal reference to a legal opinion. They also write down opinions on laws based on quotes mentioned in articles without reading the actual clauses. That gets me worried sometimes as most of the information is misinterpreted. Its important for law professors as well as professionals to guide students and teach legal research. My website www.poshatwork.com also provides regular updates on the law, however, we always always always analyse the original copy of the judgment or the law to put out any summary as well. Anyone who decides to publish must take responsibility because the moment you put out an information, there are people who may depend on it.
What are the problems according to you that are still encountered by the LGBTQ youth in India?
Its almost impossible to list down the challenges here given there are so many. The few top ones based on my research, observation and discussions with those impacted appear to be:
Lack of awareness (while a lot has changed, people still tend to use insulting language, they grapple with stereotypical understanding of the community, people misgender, deadname others due to lack of understanding around gender affirmation, people also assume a lot about bisexuality for example which may be completely incorrect)
Discrimination (with lack of awareness comes discrimination. As a result most people from the community are still closeted)
Lack of inclusion (with being closeted comes an apparent lack of inclusion. Even if one is getting an opportunity or doing well for themselves, the society will never know, they will never learn. As a result while things are changing slowly however most people from the community don’t get equal opportunity– be it in education or employment or any other aspect of life. Its like a vicious circle).
Absence of equitable measures (there have been generations of wrong committed. Our society needs equitable measures to correct those wrongs. While some states have launched some measures which have been effective, a lot more needs to be done)
Lack of facilities (infrastructure and facility needs to develop for inclusion. We do not have unisex public bathroom. Public buses are a challenge for trans folx. These need to go through a change and everyone needs to play their part).
As a legal professional with such great achievements, what motivates you to push harder than yesterday? And what is the role of mentoring specifically in the legal industry?
As mentioned earlier, making a change everyday pushes me harder. It’s a fantastic feeling to have helped resolved a concern. As a firm, we have conducted 1500+ inquiries, 2500+ trainings and created awareness amongst 3L+ individuals directly excluding all our social media efforts. I believe that’s a good step towards building respectful workplaces but a lot more needs to be done.
Also as mentioned earlier, today its extremely important for law professors and professionals to nudge students in the right research direction. I may sound outdated, but based on my experience with most students so far, in the world of AI and everything else, somewhere the quality of legal opinions is losing the battle!
Finally, a word of advice for the upcoming legal professionals?
Society and law are intertwined. If you have chosen this field, don’t shy away from reading about new developments. A lawyer must always remain humble and a student for life.
