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857 592
Published in Volume 9, Issue 4 -

A Saga of Exclusionary Practices: Systemic Hindrances in Obtaining a Certificate of Legal Practice in India- Part III

Tanvi Singh , Nivedita Dalal, Gatha Namboothiri

Languages: English

DOI: 10.17160/josha.9.4.838

This is the third part of a three-part article that seeks to critically examine the All India Bar Examination, one that law graduates need to necessarily pass to practice law in India. In the second part (which can be found here), the authors brought to light the issues of the centralised All India Bar Examination such as the fee and associated costs along with the unfamiliar methods and processes of the exam in itself. The first part can be found here. In the current third and last part of the article, we highlight the poor quality of questions papers in the only qualifying examination for legal professionals in India. We also address the inadequate grievance redressal system of AIBE. This article was first published in LiveLaw (https://www.livelaw.in/columns/all-india-bar-examination-aibe-bar-council-of-india-bci-197405) in April 2022.


1842 1122
Published in Volume 9, Issue 4 -

Thumb Printed: Champaran Indigo Peasants Speak to Gandhi

Megha Todi

Languages: English

DOI: 10.17160/josha.9.4.837

M.K. Gandhi arrived in Champaran, Bihar in April 1917, to inquire into the conditions of peasants growing Indigo for European planters. For this, he required his local associates to go out and record what the peasants had to say about their plight. The enthusiasm generated by this novel move resulted in a vast storehouse of peasant-speak, untouched by scholars so far. Translated on the spot from local Bhojpuri into English, these remarkable first-person narratives, preserved in India's National Archives, have now been edited with explanatory notes by Shahid Amin, Tridip Suhrud and Megha Todi. ‘Thumb Printed’ is a rare collection of what ordinary peasants experienced, recalled and authenticated, by affixing their thumb impressions as a sign of veracity. When peasants speak, an entire world speaks.


1551 627
Published in Volume 9, Issue 4 -

Genesis: And The Lord Created A Paradise Called Kashmir

P. Parimoo

Languages: English

DOI: 10.17160/josha.9.4.836

The book, “Kashmiriyat at Crossroads; The Search For A Destiny”, by P. Parimoo is based on the diaries of his father, Late Pandit Dina Nath Parimoo. The book is filled with vivid descriptions of his first-hand experiences in Kashmir during the first half and the middle of the 20th century. It takes the reader to the early days of Kashmir with rich glimpses into the culture, history, society and economy of the valley through the accounts of an ordinary Kashmiri. “Genesis: And The Lord Created A Paradise Called Kashmir” is an excerpt from this book that throws light on the creation of the ancient civilisation that inhabited the valley and the historical events that followed.


879 602
Published in Volume 9, Issue 4 -

Vom Europäischen Geist – Of the European Spirit

Karl Jaspers

Languages: English

DOI: 10.17160/josha.9.4.835

'Of the European Spirit' Jaspers consequently concludes, "If we want to live on European ground, we must let a deeper origin become effective." And he adds: "We must go back deeper into our historical origins, to where all those powers that have become weak once had their strength." In this paper I would like to take a look at the modalities of such a return to a deeper and more fundamental origin of the European spirit, my point of reference being the questions posed by the hosts of that conference: What is Europe? Where does Europe stand in the changed world? And what can we want out of European self-awareness? Previously published in Ordnung der Wissenschaft 03/ 2022 Karl Jaspers, Vom europäischen Geist, 1947, S. 10-16 (gekürzt).


936 601
Published in Volume 9, Issue 4 -

Editorial Volume 9, Issue 3

Stephan Seiler

Languages: English

DOI: 10.17160/josha.9.4.833

In our current volume, we introduce our new JOSHA team member and would also like to draw your attention to the upcoming Demetrios Awards of the International Academy of Sciences, Humanities and Arts. As usual, the josha-journal offers a wide range of topics.


1017 727
Published in Volume 9, Issue 4 -

Sifting Through the Grays of Morality Through Cinema

Shailaja Choksi

Languages: English

DOI: 10.17160/josha.9.4.832

Building from existing theories about ethics and the origins of our moral framework, in this paper I will argue that cinema and literature, through character and plot development provide us with an insight that only ethical theories cannot provide. I will argue that because humans are social creatures a lot of our knowledge comes from social conditioning. Censorship in art and literature are important because they are mediums through which ethical theories can be delivered to large numbers of people. I will illustrate how censorship and obvious portrayal of devious characters in stories we consume as children play a big role in developing our moral framework. Through the example of the Harry Potter movies, I aim to illustrate how censorship and portrayal of devious characters has evolved, how the character development and back story of Snape provides ethical conflicts demonstrating how to apply ethical theories.


936 731
Published in Volume 9, Issue 3 -

A Saga of Exclusionary Practices: Systemic Hindrances in Obtaining a Certificate of Legal Practice in India- Part II

Tanvi Singh , Nivedita Dalal, Gatha Namboothiri

Languages: English

DOI: 10.17160/josha.9.3.830

This is the second part of a three-part article series that seeks to critically examine the All India Bar Examination, one that law graduates need to necessarily pass to practice law in India. In the first part (which can be found here), the authors brought to light the issues of exorbitant registration fee and other costs related to the AIBE. In this article, we have attempted to map out the complex and inaccessible processes associated with the Bar enrolment such as lack of uniform and outdated guidelines and ambiguities in break-up of fees. It also captures an unpopular narrative regarding the hindrances faced by non-English/non-urban candidates in attempting an open book exam with an OMR answer sheet. This article was first published in LiveLaw (https://www.livelaw.in/columns/all-india-bar-examination-aibe-bar-council-of-india-bci-197405) in April 2022.


1709 674
Published in Volume 9, Issue 3 -

The Climate Precariat: How Climate Change Exacerbates Marginalization through Labor Displacement of the Agricultural Sector

Jordan Rydman

Languages: English

DOI: 10.17160/josha.9.3.829

This paper is an analysis of the global agricultural sector as the epitome of the Precariat class amid climate change. Building on Guy Standing’s concept of the Precariat, this article discusses how climate change vulnerability, labor vulnerability, inaccess to resources for climate change resiliency, and the dissolving of industrial rights increases precariousness and exacerbates sociocultural, economic, and political marginalization. Examples from Madagascar are used to illustrate the severity of these crises and to make a case for the sense of political urgency they command, but are too often denied. The final analysis invites discussion on the need for accountability and proactivity in applying just solutions for the Climate Precariat, and on what those solutions (could) look like.


1757 631
Published in Volume 9, Issue 3 -

Why I wrote Educational Strategies for Youth Empowerment in Conflict Zones

Nyla Ali Khan

Languages: English

DOI: 10.17160/josha.9.3.828

This essay is an excerpt from my book Educational Strategies for Youth Empowerment in Conflict Zones: Transforming, Not Transmitting, Trauma, which offers fresh and exciting new directions of inquiry into the highly contentious issue of conflict resolution in South Asia. By shifting its gaze from a politics of division mired in ethno-nationalisms into a healing and restorative focus, the author moves the dialogue forward into the realm of community, healing, and shared governance. The book analyzes the major constitutional and political missteps that have led to the current situation of violence and distrust in countries such as India and Pakistan, keeping the focus on Jammu and Kashmir. This monograph will appeal to a wide range of audiences including academics, researchers, graduate students interested in South Asian politics, development, trauma studies, and peace and conflict studies.


910 671
Published in Volume 9, Issue 3 -

A Saga of Exclusionary Practices: Systemic Hindrances in Obtaining a Certificate of Legal Practice in India

Gatha Namboothiri, Tanvi Singh , Nivedita Dalal

Languages: English

DOI: 10.17160/josha.9.3.826

In India, to practice law, a law graduate needs to clear the All India Bar Examination conducted by the Bar Council of India. The popular narrative about the exam is that it is straightforward and easy to clear, however, it the system is deeply unequal and narratives around its difficulty are imbedded with intersectional privilege. There are multiple challenges that candidates face right from the enrollment stage to the exam stage. Systematic issues such as an exorbitant enrollment cost, cumbersome registration processes, quality of question papers in vernacular languages and an ineffective grievance redressal mechanism. The article series argues that the entry point of the legal profession in its present form is deeply exclusionary. In our three-part article series, based on our interactions with hundreds of law graduates about their lived experiences of the examination process, we attempt to capture and bring forth these structural inequities into public discourse.