This interview has been taken by Ms. Kanak Goel, Campus Leader at Lawctopus.
Professor Kumar Askand Pandey, “a student of law” as he describes himself, has 20 years of teaching experience, specializes in Criminal Law, Criminology, Victimology, and related fields. He serves as guest faculty at prestigious institutes like NUJS, NLUD, and DNLU.
Invited by the Department of Women and Child Development, U.P., he conducted a Social Audit of Child Care Institutions in 2015-16 and led a UNICEF project on child protection in U.P. He helped draft state rules under the JJ Act, 2015, and the Prohibition of Child Marriage Act, 2006. Dr. Pandey has been a consultant to the Women and Child Security Organisation and has authored five textbooks and twenty articles.
Let’s start off by knowing about your professional background.
I’ve been here, in fact, interestingly, it was 26th June 2006, that I joined this law school. So, I completed almost 18 years here. Earlier, I was working at NUJS. I worked there for two years from 2004 to six. But we wanted to be back to Uttar Pradesh especially Lucknow to see that how this new law school is coming up.
As far as my background is concerned. I did my basic graduation and science then follow the three years law that was the trend that was the norm because the five-year program was being offered only by NLS, Bangalore and a few other law schools. Then masters that’s it. From my graduation days, I was determined that I’ll be in academia, and I am here.
During your career in law, you have published some books, you have been teaching for more than 2 decades now? So, what have been some of the most rewarding moments or key milestones of your career so far?
I never thought of any key milestone but what I still cherish and when I look back to it gives me immense satisfaction and a sense of joy and all that NUJS happened to me and for me, in the sense that I am from a traditional law school background, as you know, that I studied in Gorakhpur University.
I was born and brought up in a small town. I still vividly remember that I read in 1999 in a two-column news in Times of India, while I was still pursuing my masters, that NUJS has been inaugurated and would be headed by, none other than, whom we call the ‘Father of Indian Legal Education’ Professor N.R. Madhava Menon.
So, that gave me a secret craving to be part of that. And within three years I was there. So that I, when I remember reading that and developing that craving to be part of the teaching faculty at NUJS. And getting that chance working there for two years. That was amazing. That was amazing. And then coming back to Uttar Pradesh, again, getting a chance to serve this law school, right from the very inception, that was also amazing.
How can one make most out of law school?
I understand that you have that opportunity to pursue law in the most modern sort of law schools, you must make the most of the five years, which is a long period. The first year brings newfound freedom, transitioning from a strict school regimen and home.
After preparing hard, you deserve this freedom and should enjoy it. However, it’s crucial to learn early what you want to achieve by observing your seniors. I often say, “You have your role models around you; you have to identify them.” If you find the right role models, the rest of your five years will lead you to where you’ve always dreamed to be. Experimenting in the first six months is natural and acceptable.
But then, you have to also see that it’s your life. And it’s you who would be driving it in whatever direction that life goes. Often what happens that in law schools, few things start controlling their life, you understand what I mean?
You see, what is happening, whether you want to be part of certain Committees, which are very vibrant in law schools. Learn from seniors who have achieved in various fields, such as sports, law, or debating, to identify your own potential.
Decide if you want a career in litigation, chambers, judicial services, or civil services. Use role models as guides and reach out to those who can help you, even if you’re an introvert. Seek conversations with seniors and faculty on any topic. Balancing social, student, and professional life is crucial. Enjoy law school while learning this balance, making these five years enjoyable and productive.
There is cut-throat competition, every moment of it. Inside the law school outside of it, no one is going to give you a damn unless and until you have some in to offer to them. This is harsh reality. This is something that you need to understand. Law is all about learning new things. “Five years are crucial, five years are critical, but five years are not sufficient.”
So another question that relates to ethical dilemmas and legal boundaries. Criminal law often involves navigating complex, complex ethical dilemmas. Have you ever come across such a case where you that challenge your perspective of justice and how did you approach it?
Of course, like acquittals in criminal cases often leave one in a quandary, giving sleepless nights and food for thought. The facts in law reports can be bone-chilling, especially in heinous offenses. Even when acquittals are based on technical grounds, the crime was real, such as a young girl being abducted, assaulted, and killed. If the accused is acquitted, it raises
questions about who the real criminal is. Acquittals often stem from botched investigations, unprofessional prosecution, or deep-rooted corruption. This undermines confidence in the criminal justice system and challenges the notion of justice, as true justice means closure for both the victim and the accused, which is often lacking.
So, these are moments in one’s life when you are in law, especially criminal law, whatever role you have, sort of seeing these happenings but then that’s how things are.
That things will gradually change and a law, though, is a medium of change, no doubt about it. But the change that is brought by law, that change is very slow, that change is very slow.
Just two days before the new Bharatiya Nyay Sanhita comes into effect. How would you briefly express your feelings about the same?
For the past two months, my life has been a whirlwind with training sessions and panel discussions on new laws effective from July 1, 2024. Despite the laws being published on December 25, 2023, the six-month period was election-focused, limiting the training that could be provided to lower-rank police officers.
Starting July 1, people will file complaints across the country, but police officers will struggle with the new laws due to insufficient training. While officers are familiar with the Indian Penal Code, the new regulations pose a challenge.
FIR writers, responsible for registering complaints, are also undertrained. The training for these autonomous machines is ongoing and will take another 15-30 days to complete in many states. This transition period will be challenging as the police and other officers adapt to the new legal framework amidst inadequate preparation.
For example, admissibility of digital evidence to be a big challenge. This is secondary evidence, of course. But to be accompanied by a certificate, a template of which is attached in the schedule of BNS is going to give jitters to the non-tech savvy part of the society.
More time, 6 more months and training were required. Even, IPC was brought in 1862 even though it received all approvals by 1860. Time was given. Time could have been given.
While we were on the topic of digital evidence, do you also think like with advancement in technology in upcoming decade, there are also opportunities for legal scholars and law students in the field?
India’s litigation society faces immense backlogs, but this doesn’t fully reflect the situation. Despite crowded courts, especially the Supreme Court, tort litigations are rare due to public unawareness of their rights. Educating people will increase litigation and make law careers more attractive and satisfying. Digital evidence is crucial in criminal and many civil cases.
Most criminal investigations begin by examining digital evidence, presenting significant opportunities for lawyers and tech-savvy individuals. The digital space offers vast potential for harnessing digital evidence, emphasizing the importance of technology in legal proceedings. Lawyers would always have opportunities in India, as far as lawyers or profession is concerned.
What would be your advice to law students graduating this year?
Follow your passion. As you approach graduation, you should know what you want to achieve in the next two to five years. If you’re determined, you’ll do everything to reach your goals. If joining a senior lawyer’s chamber, learn as much as possible.
If aiming for judicial services, prepare diligently in the time left. Whether you’re preparing for competitive exams or applying for a Master’s abroad, do it with passion. There’s no shortcut to success. Everyone will tell you the same: you must give your all to achieve your dreams. There is no alternative to hard work and dedication.
This Interview is a part of our Star Student/Faculty interview series wherein our campus leaders interview the star student/faculty of their college. Stay tuned for more!
Source: Lawctopus
