In an exclusive interview with Insights Success, Advocate Vandana Shah shared some valuable insights with regard to legal issues pertaining to divorce laws and the process of it altogether.
- Kindly brief us about you and your journey since the beginning of your
A: With a paltry sum of Rs. 750, I was the Daughter in Law of a respectable family out on the streets at about 2 AM in the night with nothing but tears in my eyes, bewilderment at the cruelty of my new found family of my husbands, yet When I walked out, I had dreams in my heart and the grit and determination to survive. I said to myself, “I must amount to something in life. No one will ever trample upon me again because I will be a ‘somebody’, and the ‘something’ that this ‘somebody’ eventually did was to not only turn my own life around full 360 degree!) but also helped thousands of other women, in similar predicaments seeking a new identity and meaning to life.
My own divorce took 10 long years, but instead of sitting and moping around looking for sympathy or being a victim, I decided to be a ‘Victor’. I set up India’s first non-judgmental divorce support group for those going through a divorce, which challenges the mores of a patriarchal middle-class society that obviously has different rules and expectations for women and then, wrote a book ‘360 degrees back to life – a litigant humorous perspective on divorce’ based on the experiences of the support group.
Since I was penniless, I took up various jobs instead of depending on a handout from my in- laws/husband. Instead of sobbing at the lack of funds or support, I decided to study law to help me in my own case/court battle. Each time, a new obstacle came I just learned to either jump over it or sidestep it. My father who was a fighter pilot with the Indian Air taught me how to shoot down problems as though they are the enemy and my mum taught me how to be a risk taker. So essentially, I would think that the path to be extremely empowered and successful in life is to let go of negativity and only focus on positivity. I also would want parents of Indian women to support their children when going through a tough marriage or any other problem which may not fit into the societal norms, as I also believe that society is there to create hurdles and roadblocks and not necessarily to lend a meaningful hand to those in need.
Today my life journey has taken me to being a successful divorce lawyer and I am honored to have been impaneled as a senior advocate by the NCW (National Commission Women) and I am hopeful to be able to provide legal aid to many more women.
Another book of mine “EX-Files” was published by Penguin and now under the also launched India’s first legal app ‘Divorcekart’ – which provides 24/7 lawyers on call/chat.
As I stand, at another crossroad of my life, I look at more horizons to conquer and I’m proud of my life philosophy, “It is better to elevate yourself rather than pulling down another”.
My objective in life is simple to make ‘divorce’ sound a less dirty word than it is, despite the change happening in our socioeconomic set up. In other words, I want to help to reduce the stigma of divorce, to provide nonjudgmental support to those going through it and most of all to rebuild life while going through this, in India.
I strongly believe in to look at the positive side of life.
…It’s better to look at life as a big triple Sundae than a glass half empty. It was this philosophy that helped me to combat the vitriolic abuse in a marriage, having no support from relatives, highly judgmental society which only looks at women who are divorced as Vamps. When I restarted my life, I put aside all the negativity and only focused on the positive path to growth.
- How do you describe yourself in one-word or one-sentence?
As I stand, at another crossroad of my life, I look at more horizons to conquer and I’m proud of my life philosophy, “It is better to elevate yourself rather than pulling down another”.
- What is your source of motivation & inspiration that drove you to become a lawyer?
I ran my support group diligently, and considered many times of making it a paid-for-service. But every time I heard the sadness and helplessness in the voice of those desperate girls I would decide not to. I went ahead and attended all the lectures and sessions for helping those who needed it and they turned up in large numbers which further reiterated my belief that people do require such a service for sure. I went through so much that along with the case I did my law degree and am now a full-fledged lawyer. What sort of lawyer am I? I will let my clients decide, but money is not my motivator and I treat all my cases as human beings and not case numbers.
- Kindly tell us about the challenges you faced as a lawyer against the complexities of the legal
- The judicial system being clogged up means cases take too long to
- Since cases take long to resolve clients become impatient and frustrated often losing faith in the legal system.
- Brief us about the current scenario of legal sector in
As we put on our best face forward for India’s Independence Day celebrations, I experienced a chest-thumping kind of pride for our values reflected in the Constitution and Fundamental Rights guaranteed to every citizen of Free India. Several brave judgments by the judiciary, ranging from the 12 June 1975 verdict of the Allahabad High Court convicting then Prime Minister Indira Gandhi of electoral malpractices and debarring her from holding any elected post, to the Supreme Court in March 2015 striking down Section 66A of the IT Act which allowed unjustified arrests for “objectionable” content online—have been hailed as reflecting the kind of freedoms that only a mature society would allow an individual. A free and progressive judiciary determines whether a country’s fabric is healthy and robust or if it’s a combustible country like North Korea and certain nations in Africa and the Middle East which have little or no judicial system to speak of.
Did you know we are entitled to free drinking water even in coffee shops? Or that there is recourse to being refused a ride by an auto driver?
The judiciary in India can’t be bought, contrary to what some may have felt in the cases of powerful stars such as Salman Khan and Sanjay Dutt. After all, for every one of these there is a Subrata Roy who despite being one of the wealthiest industrialists in the country has spent time in jail (of course writing books from there), or a Chhagan Bhujbal who in spite of being the Deputy Chief Minister of Maharashtra in cooling his heels in prison.
However, what dilutes the impact of these path- breaking judicial decisions is the complete ignorance displayed by a majority of people when it comes to law. And if and when they do become entangled in legal matters they are at a complete loss. How can we not build awareness of the law when it is one of the strongest pillars of society and a country? It’s like living in a swanky high rise without knowing whether there is a safe and strong foundation. Our role has to go beyond uninterested and cynical to involved and pro-active to form well-informed opinions. Perhaps then it won’t be as easy to be dismissive of the law and believe and act on what is rightfully granted to us. The law is not a lofty ideal encased in a gilded vault with the keys with only a fortunate few – rather, it is enmeshed in our daily lives. Did you know we are entitled to free drinking water even in coffee shops, which often force us to buy overpriced bottled water, claiming that the regular stuff is not available? Or that there is recourse to being refused a ride by an auto driver (I am sure that everyone, especially those in Delhi, are jumping to find out what it is!)
Perhaps it’s time to pull out our phones and start googling “Fundamental Rights in India”, rather than going through the rest of our lives blindly. Also remember this, ignorance of law is not an excuse for having committed a crime and you’ll have to serve time. So if in doubt it’s better to check to see if you’re running afoul or not!
Now that our nation has been free for seven decades, let us also free ourselves from ignorance of the law to rightfully claim our place in the sunrise of India.
- According to you, what was the most difficult case you ever encountered?
Katrina is an aspiring professional from Noida, Uttar Pradesh. She signed up to the professional network Linked-In to get contacts that could help her in her career growth.
She felt extremely lucky to connect with Mr. Mahesh Murthy a big venture capitalist and renowned entrepreneur whose works are covered in numerous publications. They started networking with each other occasionally on Linked-In. It went quite smoothly but was purely a professional relationship between two working individuals.
However Mr. Mahesh Murthy crossed a line and sent her sexually explicit messages over Linked-In. This was repeated again by him in the next few days. Ms. Katrina felt ashamed and offended by these messages.
While afraid of the potential blow-back from Mr. Mahesh Murthy as a highly influential, she still took the bold decision to speak out against his sexually explicit messages and subsequent sexual harassment. When she spoke out against him, he filed a defamation suit against her. But Katrina is not alone in being a sexual target of Mahesh
Murthy since 5-6 women spoke out against him and he has filed a suit of defamation against all of them. More than one FIR has been filed against him for his indecent behavior. He has had to seek bail for in misdemeanors and had his also deposited in court. Further, for traveling abroad he has to take the permission of court.
She approached the National Commission for Women to help her get justice for this grave offense. The National Commission for Women put her Advocate Vandana Shah.
Advocate Shah who helped her in filing the FIR against Mr. Mahesh Murthy and now a chargesheet filed against Mahesh Murthy.
- Give clarification on any one of the common misconceptions about lawyers that people have.
That a divorce lawyer causes divorces, actually your marriage is already breaking up or has broken down before you meet a divorce lawyer. The couple’s marriage has broken up because they are incompatible and the divorce lawyer only looks at the legal aspect of divorce.
- What is your perception on the educational system pertaining to the legal studies in India?
A good lawyer needs to be well-read. As a lawyer it is not enough to be read on all the laws you need to have good working knowledge of all the latest citations and judgments by your side.
Writing has helped me in my chosen professions of both an author and a lawyer. It is important in any profession to have the ability to express your thoughts clearly and precisely. This will allow any observer to understand exactly what path of action you wish to pursue for what intentions.
Integrity is at the core of a well lived and successful life. It has allowed my clients and others to take a stand and put their trust that I will stand by them. It allows people to see that you do have the moral truth behind you.
Another vital skill is the empathy I developed. Since divorce is a highly personal matter that involves a lot of emotional upheaval a good divorce lawyer is one who emphasizes with their client’s emotional state during turbulent times.
- What is your advice to the young legal aspirants of India?
A good lawyer needs to be well-read. As a lawyer it is not enough to be read on all the laws you need to have good working knowledge of all the latest citations and judgments by your side.
Writing has helped me in my chosen professions of both an author and a lawyer. It is important in any profession to have the ability to express your thoughts clearly and precisely. This will allow any observer to understand exactly what path of action you wish to pursue for what intentions.
Integrity is at the core of a well lived and successful life. It has allowed my clients and others to take a stand and put their trust that I will stand by them. It allows people to see that you do have the moral truth behind you.
Another vital skill is the empathy I developed. Since divorce is a highly personal matter that involves a lot of emotional upheaval a good divorce lawyer is one who emphasizes with their client’s emotional state during turbulent times.
