The One Who Speaks His Mind – Advocate Amitosh Pareek
Bhavna Sharma, Editor30 Nov, 2021
Advocate Amitosh Pareek is an acclaimed name in the legal fraternity. He is an example of being an excellent lawyer and a dynamic change-maker. He is a practicing counsel at the Hon’ble High Court of Rajasthan. He started his career under the guidance of Adv. SS Hora. Then, he got an opportunity to work as an Assisting Counsel to the Additional Solicitor General of India, Mr. RD Rastogi. He is the founder of Primis Legal and started working as a social litigator. He also worked for Shri CP Joshi, Hon’ble Member of Parliament, Chittorgarh (Lok Sabha), Rajasthan, and for Shri PP Chaudhary, Minister of Law and Justice. He is a Child Rights Activist and Legal Advisor of AASRA Foundation, Jaipur. He also represented as Youth of India in Indian–Korean Youth Dialogue, Korean Embassy, United Nations Conference CSW63, 2019 – U.N. Headquarters, New York and U.N. Women. Read the excerpt below to know more about him through our Editor Bhavna Sharma.
1. How did you balance the pleasant and unpleasant aspects of governance arising while protecting the realm of laws and judiciary in the interest of establishing justice?
I firmly believe that every government plays its role positively. State Government works for the welfare of the state and Central Government works for the welfare of the nation. The role of the government is to formulate the laws, frame the laws, and not implement the laws or adjudicate the laws. We, in the capacity of a lawyer, are implementing the laws, and people in the capacity of a judiciary are adjudicating the laws.
But at the same time, I believe that the laws are not made on the streets. Every law has its own perspective and every law could have a loophole. We cannot complain to the Government that it is not working properly. We need to know that every law is made with a proper ideology and also with proper justification. There are opportunities to adjudicate and implement the laws for welfare. We do ensure as lawyers to stand for the rights and justice under any circumstance whether it sounds pleasant or not. Same way, every sector of society needs to play their respective roles for their rights and justice.
2. Any instances in your life when you feel that the legal procedures are casting a shadow or a doubt on the independence of the Indian judiciary? Do you feel that we have a moderate court now?
Absolutely, we have moderate and justified courts. The constitution of India says that we have an independent judiciary. There is a separation of power between the executive, legislative, and judiciary but are always interconnected. Example - The President of India is there to provide the oath to the Chief Justice of India. Judiciary is independent and we are implementing laws that are required for the growth and stability of the nation. Let's take a recent example; the Supreme Court has stated subject to the Farms Act that the matter shall be resolved by the Parliament and not by blocking the roads. The Supreme Court of India has already formulated and established a community for representation. Judiciary is playing its role to the capacity that they are entitled to.
3. Any funny instance that you can recollect while dealing with your clients or the proceedings of a court?
No. the reason is that I appear in criminal matters and there is no room for funny incidents. Also, I appear in matters related to children’s rights. Most prominent are child labour cases where minors are trafficked from different places of Rajasthan to work as child labour. I appear as a Pro Bono lawyer for the children and for the family who cannot afford the lawyers. I learn a very dark side of those children while appearing for them.
4. What role did your participation in Model United Nations and Youth Parliaments played in particular to enhance your personality?
I believe that every student studying any subject should participate in Model United Nations as it’s a platform where one is provided with an opportunity to speak before the public at large. Since the very first day, I wanted to be a litigator and always wanted to argue the matter in a court of law. So when I started appearing for parliamentary debates, it provided me with a lot of opportunities and enhanced my personality dramatically. It provided me the learning on how to speak, how to modulate, how to convince the other person as a judge, and also enhanced my leadership quality. The debate does not only provide the stage to speak up. Debate is a stage where you get an opportunity to speak what you are looking for and the people can see you as a leader. So, when I started practicing law in courts, it helped me to formulate the arguments, how to debate the arguments and how to proceed forward your cases. Model United Nations is a very good tool and stage for students who may pursue any field whether MBA, Law, etc.
5. The achievements we see in your journey are numerous. The most striking one is to create a society worth living for others amid all social and political obstacles. What changes were brought into the system while working for the rights of children? Any current movement you are working on that will mark the evolution in the future?
Recently I have filed a petition before the Honourable High Court challenging the recent act which is been brought by the State of Rajasthan for registering child marriage. I have also demanded a plea in my petition in the light of the constitution to declare Section 3 of the Probation of the Child Marriage Restraint Act that marriages where the female is below 18 years and the male is below 21 years shall be considered as null and void. It is already accepted by the Karnataka High Court and appreciated by the Ministry of Women & Child Development and the Supreme Court as well.
I am also contesting one of the cases where we have challenged the Juvenile Justice Act, where they have not defined the residential facilities. So, this case has also been a sub-judice before the Honourable Court. Also, in my cases, I make sure no child gets hostile. We are providing them with a child-friendly environment. Thus the rate of acquittal of the accused has already declined in the court of the law.
6. What were the challenges and take away while you worked as an assisting counsel to the Additional Solicitor General of India?
I won’t say challenges; I will title it as “exploration towards the different sides of the law”. Being an assisting counsel to the Additional Solicitor General of India; the office or the chamber has provided me an opportunity to deal with a lot of complex issues. It also allowed me to look at the other side of the working of the Government of India, how to protect our Government and what laws we can put forward if anything has been challenged against them. So, it’s a very hectic job because we have a great responsibility to have a say on the behalf of the Government of India before the court of law.
I remember one of the cases where I got an opportunity being a very new assisting counsel to the Government of India in ASG, the case was about the Debt Recovery Tribunal where the Government has brought an amendment, which has been challenged by the advocates of concern and just based on a simple comma, we won the case. I got an opportunity to work on very detailed and minute issues dealt with by the Government of India.
7. We can see that poetry lies in your heart. When did you realize your inclination towards poetry and what are the key mantras to balance everything from practicing law to being a social activist to following your passion to enjoy your hobby like poetry?
I always loved reading good writers in my childhood, like Gulzar Sahab, Bashir Badra, and a lot of other writers. Reading added the perspective of discovering and observing nature in life. Being a lawyer, you have always been occupied in a lot of different matters and it’s a high-pressure and complex job. We have no time limits with a lot of responsibility on our shoulders. At the same time, we have a different view to acknowledge too. Poetry is a platform where I can appreciate the beauty on the other side which we are unaware of. For people, the colour of leaves is green, and being a poet it's my duty to look the beauty in that green colour. I am a lawyer by profession and a poet by passion.
8. What message you would love to share with all the children and their parents?
Let the children feel free to decide what they want to do in their lives. It’s a very simple thing and as parents, one must guide and never force their aspirations on their children. I was never bound by anything. End of the day, I always believe and acknowledge one of the sayings that one day everyone will become a story, make sure you become the inspiring one.
9. What’s in your mind now and what’s your next plan to achieve in the coming years?
If I talk about it at a professional level, I always wanted to be a lawyer who stands for his community and society. It's my dream to die in Saffron clothes.
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