Howzat! Cricket, Law, Sports Betting & The Cricket World Cup for Lawyers

An interview with

Santhan Krishnan

Advocate, Litigator

& 

President,

Indian Advocates Cricket Association

Santhan Krishnan has been taking teams of Indian Advocates on tours for many years. In conversation in England he put forward the idea of holding a Lawyers Cricket World Cup. With the enthusiastic backing of an English Barrister, Santhan managed to get together 6 teams from England, Pakistan, Sri Lanka, West Indies and Australia and, of course, India. Accordingly the first world Cup was held in Hyderabad in December/January 2008, each team playing each team and the top scorers playing a final game. India won, not perhaps too surprising bearing in mind the popularity of the game amongst the vast numbers of lawyers in India. The event was supported by leading Judges from each country and Santhan managed to get, so it seemed, almost everybody of note to support the event by contributing dinners, lodging, pitches etc. at minimal cost to the players. As expected in any gathering of lawyers, a set of rules had to be drafted. Thus, at the close of the first World Cup it was decided to make the competition a biennial event.

Advocate Santhan Krishnan

"In the process of marching ahead with the motto cricket for friendship, we would be reuniting in Delhi during October 2013". 

The 4th Lawyer's Cricket World Cup with be held in India this winter. 

TheLawMap met up with Advocate Santhan Krishnan at the start of summer to talk law & cricket. As it is inevitable in any Asian gathering, cups of tea overflowed as the conversation ranged from the silky cover drives of Sachin Tendulkar to who is the best wicketkeeper batsman in the world. We also managed to fit in a few serious law related questions focusing on aspects of the legal process in India. 

In keeping with the regular format of our Saturday Law Interview the conversation below covers strictly the legal process and law. For the fun part, details of the discussion on Tendulkar's silky cover drives and all other cricket related gossip, the reader would be pointed to the pages of our informal blog MetaLawIndex at a later date!

TheLawMap: What are the main areas of law you have a special interest in?
 

Numerically speaking I deal more with Employment related litigation in the Supreme Court. Of late I have also started doing Mediation and Arbitration.

TheLawMap: The founder of modern independent India Mahatma Gandhi was a lawyer. In your opinion has the perception of the legal profession in the minds of the ordinary public changed since you became a lawyer? In other words, is there still a sense of reverence towards the profession?
 

Demoralisation that has crept in society and is seen in all walks of life. The legal profession is no exception. There could be a number of reasons. I am not dwelling on that. Reverence is still there in the judicial system. For the common man, the fact that the Court system exists creates hope, particularly when you are in despair.

TheLawMap: Bangalore is known throughout the world as the hub of India's information technology centre proving essential services to many western firms. How is India approaching in integrating modern technology within the legal and justice system?
 

Technological advancement has a definite impact in the Court system. Computerisation is there to be seen right from the Supreme Court onwards down below in the hierarchy. Thanks to technology today there is a system of efiling in the Supreme Court. Today one looks online for judgements of the Supreme Court and the High Courts across the country.

TheLawMap: What are your views on the legalisation of sports betting in India with special reference to cricket?
 

Any kind of betting on Sports is not legal in India. The point is when one can not think of a perfect mechanism wipe out betting, the best thing is to legalise the same and regulate it.

TheLawMap: Does 'the legal process as a mean to resolving conflict' has exactly the same meaning everywhere in the world?
 

In the entire world the responsibility of 'Conflict Resolution' is entrusted to the legal system.
Whether the system lives upto the expectation or not is a different aspect.

TheLawMap: What inspired you to become a lawyer?
 

The fact that you are independent without the rigours attached to employment was itself an inspiration. Added to that the fact that one could involve, both informally and formally, in the process of conflict resolution was also a factor that inspired me to join the legal profession.

With special thanks to Santhan Krishnan for his valuable time. Santhan Krishnan is a highly respected lawyer honing his craft in the Supreme Court of India. His passion for cricket instigated the Cricket World Cup for lawyers. The gathering of lawyers isn't merely a sporting occasion. Tucked between the matches are discussions and conferences on aspects of jurisprudence. The October gathering will coincide with the 'Sports Law Conference', starting on 13th October, 2013 with the topics for discussion being, match fixing, debate on sports betting as well as the need for a regulatory mechanism to counter issues related to match fixing. TheLawMap is hoping to provide match analysis and live tweets during the World Cup matches in October!

Hang my son for killing India’s daughter - 2012 Delhi gang rape case

A conversation with an unnamed UK Solicitor who had formerly practised in the Indian High Courts:

“Hang my son” said Hari Ram Sharma father of one of the accused Vinay Sharma who participated in the brutal crime against the India’s daughter. The victim was a 23-year-old medical student who was brutally gang-raped on a moving bus. The victim was thrown out of the bus and the accused allegedly tried to drive the bus over the victim but she was pulled aside in the nick of time.

Six men have been arrested in connection with the incident: Ram Singh, the bus driver, and his brother, Mukesh Singh, were both arrested in Rajasthan; Vinay Sharma, an assistant gym instructor, was arrested in Delhi, as was Pawan Gupta, a fruit seller; Raju, a minor, and native of Uttar Pradesh was arrested by the police at Anand Vihar terminal in Delhi; and Akshay Thakur, a man who had gone from Bihar to Delhi seeking work, was arrested in Aurangabad in Bihar. These men took a joyride to play with soul and mind of the whole country. At least four of the accused live in Ravidas camp slum cluster in South Delhi.

Two days after the death of the victim, Delhi Police finalised around 1,000-page chargesheet in connection with the incident and plans to submit it in court on Thursday, 03 January 2013.

There are ongoing protests all across the India and social activists are now demanding for tougher laws. Protesters named the victim “Nirbhaya” meaning fearless. Some said she was “Amanat” meaning property kept in trust.

Indian Government has shown its determination to work on the particular subject of crime against women. On 22 December 2012, a judicial committee headed by J. S. Verma, a former Chief Justice of India, was appointed by the Central government to submit a report, within 30 days, to suggest amendments to criminal law to sternly deal with sexual assault cases. The committee has urged the public in general and particularly eminent jurists, legal professionals, NGOs, women’s groups and civil society to share "their views, knowledge and experience suggesting possible amendments in the criminal and other relevant laws to provide for quicker investigation, prosecution, and trial, and also enhanced punishment for criminals accused of committing sexual assault of an extreme nature against women."

On 26 December 2012, a one-person commission of inquiry headed by a former Delhi High Court judge, Usha Mehra, was set up to identify lapses and determine responsibility in relation to the incident. It will also suggest measures to make Delhi and the wider National Capital Region safer for women. The report is to be submitted within three months and will be tabled in Parliament along with action taken by the government.

Now in the backdrop of all these protests, government measures and talks of reform the story of India’s daughter still remains an unfinished dream. The victim was an ambitious girl and among a very few women in India who get the opportunity to pursue their dreams. Her parents sold their agricultural land to facilitate her education. They have shown a remarkable example of parenting and support to their child.

The debate is ongoing for centuries as to why women in India are somehow seen inferior than men especially in the sectors of society where life is constant struggle and belief is strong that men are bread winners and women are liability. Why society considers it is appropriate to have segregation of women and ignores long existing issues of "Eve teasing" (euphemism for public sexual harassment). Crime against women is worldwide problem and in most cases justice is difficult for victims. Britain's record on rape shows shocking new failures as the number of sex crimes rises, police procedures mean victims of assault do not get justice – and their attackers go free.

The sex crime rate in New Delhi is one of the worst among Indian cities, with one rape reported every 18 hours on average. Now the state of affairs can surprise many, in another similar incident a minor girl was molested in Delhi bus who was earlier raped by her stepbrother brother. On Saturday night 29 December 2012, the girl had left her house at around 9:30 pm, took a bus and when the bus reached Mandi House at around 11 pm, police personnel noticed the girl inside the bus was alone and crying. Just hours before Nirbhaya's ashes were immersed in the Ganga, a 17-year-old girl studying in class XI of a prominent south Delhi school was allegedly sedated and raped by two men at a New Year's party in the upscale Safdarjung Enclave area of south Delhi.

However, Delhi Government is still struggling with its much-vaunted helpline for women, mobile phone users were struggling to connect to its toll-free number 181.

The incident and other similar crimes against women are condemned. Legal reforms, punishment and enquiry committees will take time to work on their agenda. It is human to respect women, community and family.

“The difference between a good man and a bad man is the choice of cause.” by William James

RIP  Nirbhaya..