Interview: Dr. Shaharyar Asaf Khan, Associate Dean | School of Law, Manav Rachna University

Legal Bites: What inspired you to seek a career in law?

Dr. Shaharyar Asaf Khan: During my graduation in History and Political Science, I was very influenced by the role of the law in bringing changes in society. I realized that law is inalienable to the smooth functioning of any society. After I completed my graduation I appeared for the LLB Entrance Exam of Delhi University and got admission in the Campus Law Centre in 2003 and since then there has been no turning back.

Legal Bites: What advice do you want to give if someone dreams of teaching Family Law in Law Schools?

Dr. Shaharyar Asaf Khan: Family Law/ Personal Law is very close to my heart. Family law is very simple and complicated as well. We see snippets of family law in our day-to-day life which involves matters of marriage, divorce, inheritance, maintenance etc. The changes that are happening in contemporary times are to be taken into consideration together with the deep-rooted values and ethical aspects of the family in society. That adds to the complicated aspect of personal laws as they cease to remain so “personal”. Such aspects are not and cannot be confined to books and libraries.

Teaching family law requires more than just knowing the law; it also requires understanding the dynamics of the family and the social structures that exist. Whenever one is required to teach family law, one should be aware of the laws that are now in place as well as the demands and adjustments that society needs to make to keep pace with the changing desires of society and not lose the ethical aspect of the family.

Legal Bites: Can you share your journey towards receiving the gold medal for your LLM? What advice would you give to current or prospective LLM students aiming for the same?

Dr. Shaharyar Asaf Khan: LLM is always a step ahead of under-graduation and that is not just in respect to the degree but also in the perspective of reading and analyzing the laws. One cannot do justice to Masters if he is in it just to read, learn and remember the laws. Careful reading, analyzing, evaluating and applying the law is what a Master’s degree expects. The law shouldn’t be restricted to learning but also to its practical application in society.

Legal Bites: You were recently a speaker at NMIMS Indore to share your opinion on Alternate Careers in Law: An Interface between Fashion and Gaming Law. Would you address a few pieces of advice on the same?

Dr. Shaharyar Asaf Khan: there is rarely any aspect of the society which is devoid of laws. Law students are mostly confined to traditional/ established careers like litigation, judiciary, legal firms etc. The fashion industry and gaming industry, the areas of my discussion in the address, are the careers which are also governed by various aspects of the law like Labor Law, International Law, Intellectual Property, law of Contracts, Mergers and Acquisitions etc.

A law student studies all these laws but with a very confined perspective, ie IPR only to understand Trademarks, patents etc or labour laws only for the laws related to industries in general. But all these laws can also be very effective in alternate careers. So, if a student is well versed in IPR laws, contract laws, mergers and acquisitions, etc., he can always use that particular knowledge and expertise in the fashion and gaming industries.

Legal Bites: From your 14 publications, what is the one particular work that changed your point of view in that area?

Dr. Shaharyar Asaf Khan: I've written extensively about women's rights and their aspects. There is one area in which I pursued my PhD, which is about surrogacy laws. I have also written many articles on surrogacy laws. Commercial surrogacy was rather popular in India at one point, to the extent that India was called as “cradle of world”. However, with the change in the outlook of surrogacy and to see it beyond the commercial aspect, motherhood became a subject matter of discourse.

The ethical aspect of motherhood compelled the lawmakers to look at surrogacy from a non-commercial point to a level that when we made an Act on surrogacy, commercial surrogacy was completely banned. This also reflects the changing nature of personal laws as per the social needs and ethics as I discussed previously.

Legal Bites: In your recent publication in a book, what made you think about conducting research and writing on the fair and equitable treatment of Bilateral Investment Treaties?

Dr. Shaharyar Asaf Khan: Regulation of Bilateral Investment Treaties is very crucial. Assume that there is a host nation and that there is a foreign nation intending to make an investment. It is possible that one of the countries, the one which is investing or the host country, can lay down such terms and conditions which the other country will not accept in an ideal situation. There has to be some universal regulations governing this kind of investment. Furthermore, it shouldn't do away the chances of local investors.

Since this is a component of international law, there must be norms and regulations that take into account the interests of all parties and are uniform. Though there are some regulations made by International Communities but the application of the same in letters and spirts will help the countries involved to grow.

Legal Bites: As per your experience in presenting around 20 papers, what common things need to be kept in mind while presenting them?

Dr. Shaharyar Asaf Khan: The most crucial requirement for presenting a paper is that we read the topic thoroughly. Communication skills and oratory skills are also important, but knowledge of that particular topic is also very important. It will help to deliver the article in a more comprehensive way. If one has an extensive understanding of the issue and is aware of its ancillary nuances, the communication of the idea will be more impactful and effective. The idea, which one bears in mind while writing a paper, should not just be delivered but should be communicated so that it benefits society and the stakeholders.

Legal Bites: From judging the moot court, what common mistakes do participants make, and what advice do you want to give to them?

Dr. Shaharyar Asaf Khan: The majority of participants make a common error of only wanting to win an argument. The short-term goal of convincing the judge with their answers, sometimes, jeopardizes the moot court ethics. The concern about whether they will be able to persuade the judge with their point of view or whether their persuasive argument will leave a lasting impression often mars the court room etiquette. Moot court assessments cover far more than just legal knowledge.

Participants are also evaluated on communication skills, flow of the arguments, confidence etc. A mooter should create a lasting impression that should not be limited to one aspect of the assessment.

Legal Bites: According to your experience in teaching, how will students be shaped to secure better careers in law?

Dr. Shaharyar Asaf Khan: The ambit of law is so wide that a student can make a career in so many fields. There is no limit as far as the future in law is concerned. However, with great benefits come great responsibilities. A student of law should not confine himself to one source of knowledge. He should always be in a receptive mode and should always strive to add to his analytical skills. One should not be limited only to knowing laws.

The law demands interpretation and its application as and when required. The overall personality of a student should be enhanced by participating in various co-curricular and extra-curricular activities. Once a student has developed such skills, the sky is the limit.

Legal Bites: How do you stay updated with the latest developments in law to ensure you provide the best education to the students?

Dr. Shaharyar Asaf Khan: As an educator, it is very pertinent to keep oneself updated about the changes that are happening in the legal arena. The dynamics of laws change very rapidly. I prefer to keep myself updated through various sources which range from first-hand knowledge of the application of the laws in courts through my friends in litigation to various online portals meant for legal updates. As a teacher, one should keep track of the decisions of the courts, particularly the courts of record. I also share the decisions given by any court related to the subject matters of my classroom teaching.

Legal Bites: In your opinion, how do online platforms such as Legal Bites assist young lawyers in staying updated on recent developments?

Dr. Shaharyar Asaf Khan: The younger generation, in my opinion, needs all information at one place and should be readily available at their fingertips. Information that is easily accessible is preferred, and naturally, people will also choose to read that specific thing which they are looking for.

In this context, a website like Legal Bites is useful since it gives users up-to-date information on what's going on in contemporary society.

Legal Bites: Do you consider extensive online libraries such as Legal Bites to be a convenient resource for accessing information on a wide range of topics in one place?

Dr. Shaharyar Asaf Khan: Anything that assists in the development of understanding of laws which ranges from classical library approach to sources available on the internet is a welcome step. If the legal material is readily available and continuously updated in one place, it becomes easier for students to benefit from it. It shall create a zeal amongst students to read law which is a stepping stone towards applying law. It is student-friendly and adds to the resources that are otherwise available. Without a doubt, it helps students, who can use these portal libraries to try to do as much research as they can in a limited period of time.