Review: Raising the Bar by Pinky Anand and Saudamini Sharma
An incisive compilation of pivotal rulings and events from the Indian judiciary that shaped the legal fabric of the country and influenced societal norms and perceptions
Lawyers’ books about advocacy and court cases face a peculiar problem. Translating complex legal terms and concepts into clear and understandable prose can be challenging, especially when writing for a non-legal audience. Raising the Bar by senior advocate Pinky Anand, however, effortlessly overcomes these challenges through a commitment to clear communication and the art of storytelling. This results in a skilful weaving together of fascinating insights from both inside and outside the courtroom.
Anand, a former additional solicitor general of India with extensive experience in the legal field spanning the last four decades, presents a compelling exploration of important cases. Co-authored by advocate Saudamini Sharma, Raising the Bar stands out as an important work in the ever-evolving field of landscape of law and constitutionalism. This is an incisive compilation of pivotal rulings and events from the Indian judiciary that have not only shaped the legal fabric of the country but also influenced societal norms and perceptions.
The book’s 12 chapters touch on a range of cases including the one that led to the imposition of Emergency in the country by the Indira Gandhi government, the trials of Bollywood actor Sanjay Dutt in connection with the serial bomb blasts in Mumbai, and from the right-to-privacy to the “ISIS brides”. The authors delve into the details of these cases and offer discerning analyses and thought-provoking commentary. The book is ingeniously structured, with each chapter dedicated to a specific issue, providing both the legal justification used by the courts and the socio-political background when these rulings were shaped.
Raising the Bar excels at condensing intricate legal concepts into an accessible narrative, and Anand’s close connection to some of the cases is evident in the way she deftly strikes a balance between her professional expertise and her humanitarianism.
The book opens with the historic legal battle that had Indira Gandhi’s prime ministership at stake after the Allahabad high court’s June 1975 ruling declaring her election to be void on account of electoral malpractices. The chapter offers background information, key legal arguments and the eventual outcomes while juxtaposing the courtroom events with the political and social churning at the time. The authors highlight that the imposition of Emergency for 21 months between 1975 and 1977 is not just a stark reminder of a regressive regime but an unforgettable lesson in gauging the significance of democracy and its institutions.
Offering a comprehensive understanding of each case discussed, the book narrates the horrors of honour killing and sexual harassment at the workplace in two different chapters. Anand recounts two dreadful tales in which she was involved as a lawyer. “There is no honour in killing,” the book emphasises while advocating for a specific law on honour killing.
The authors then talk about the Bhanwari Devi gangrape case and the subsequent judgment of the Supreme Court in the Vishaka case that laid down extensive guidelines to deal with sexual harassment complaints. After holding the field for 16 years, the guidelines were replaced by The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Anand reminisces that she was one of the expert members on the panel that readied the first draft of the proposed law in 2007. By examining the social, cultural, and political context surrounding these cases, the book highlights the relationship between law and society.
Raising the Bar does not shy away from controversy. In the chapter on Sanjay Dutt’s trial under terror charges, the book comments that “whether the affluent and renowned receive preferential treatment within our legal system hinges on the construction of the narratives surrounding their lives”. The chapter goes on to encapsulate crucial moments of the case and the eventual outcome of a five-year jail term for the actor even as it questions the role of the prosecution that the authors say had “no interest at all to prosecute Sanjay under terror laws”.
The authors’ storytelling prowess keeps readers captivated throughout. The chapters on the decriminalisation of homosexuality and the right to privacy have been presented with a narrative flair that brings legal proceedings to life, making it more than just a dry recitation of facts and doctrines. From gazing upon the historical tapestry of homosexuality in India to the inalienability of privacy, the book lucidly explicates civil rights movements and profound interpretations of constitutional mandates. “The idea of privacy is not just necessary; it is in fact the core of the Constitution,” underscores the book, serving as a testament to the dynamism and evolution of constitutional jurisprudence in India. Similarly, the chapter on the right to die puts forth the complex labyrinth of legalities and emotions about a tragic decision – “letting go of a loved one”.
In the chapter on “ISIS brides”, the authors caution against radicalisation while narrating the travails of Indian women who were stuck in countries like Afghanistan and Syria with their children and wanted to come back. The complex web of local and international laws coupled with the threat of returning foreign fighters presents a unique predicament.
The chapters on the Supreme Court’s judgments on the legal recognition of the third gender and the striking down of triple talaq highlight the agony of the vulnerable. These chapters also underscore the universality of certain legal principles while recognising the distinct cultural and historical settings that may impact judicial decision-making.
In sum, the authors have adeptly translated complex legal cases into a narrative that is engaging for both legal professionals and lay readers. This is a compelling journey through some of the most important cases in the history of modern India.