In Conversation With Deeksha Malik, Senior Associate, Khaitan and Co

Tell us a bit about yourself. What made you choose a career in law? And how was the experience of studying law? 

My motivation to pursue law emanated from my interest in sitting for civil services examination. However, once I joined law school (National Law Institute University, Bhopal), I immediately fell in love with the myriad of laws I was studying. It has been an amazing and empowering journey since.

My experience at law school was truly enriching, and the credit for the same primarily goes to the amazing batch I was part of (Batch of 2018). Fortunately, I was part of a batch that was self-motivated and actively participated in co-curricular and extra-curricular activities. I ended up trying debating and mooting, but I found out soon that my heart lies in writing. By the time I reached the fifth year of law school, I already had a book publication with Cambridge Scholars Publishing and had co-founded The Indian Review of Corporate and Commercial Laws, which is one of the most popular law blogs in India. 

If you could suggest one reform in the legal education system, what would it be?

I have two primary suggestions here. At the very outset, our faculty needs to be rewarded with a much higher compensation. Truth be told, a highly rewarding pay package happens to be one of the biggest reasons why several law students end up joining and continuing in a law firm, notwithstanding the extremely rigorous work schedule it entails. While of course I do not expect law schools to match up to the higher paying standards at law firms, I do expect and hope that we have comparable pay and benefits for our faculty similar to what Jindal Global Law School, for instance, has to offer.

Second, we do require an extensive collaboration between law schools and legal practitioners so that we can bridge the gap between what is taught in law schools and what is really needed on the practice side. This includes not just the practitioners coming on campus and teaching a few courses, but also such practitioners designing the course curriculum to adapt to the rapidly changing trends in legal practice. 

Please tell us about your specialization and the array of work you handle at your firm?

I am a Senior Associate in the Employment, Labour and Benefits practice of the firm and am based out of its Mumbai office. As part of the practice group, I focus on a range of matters from employment terms and employee benefits to wage restructuring and workforce redundancy. In particular, I work extensively in the area of disciplinary issues, prevention of sexual harassment, and diversity and inclusion. I have also been active on the impact assessment exercises conducted by the practice group in relation to the upcoming labour codes and have conducted training and awareness sessions on the said codes for the industry and the general public (including law students). My contribution to the practice group also comes in the form of her advocacy, knowledge-sharing and pro bono endeavors. I frequently make representations to the Central and the state governments on labour reforms including the implementation framework under the labour codes.

What advice would you give law students seeking the best internships in their area of interest?

I cannot emphasise enough on maintaining a fine balance between academics and co- / extra-curriculars. Often, we go by the advice of our seniors at law school to participate in n number of moot court competitions, and we end up compromising on the academics. However, law firms (for instance) do place emphasis on academic performance as well. A good grade shows that the student takes his subjects seriously and has the ability to multi-task. Second, students should keep themselves updated with the recent regulatory and judicial developments at least in their area of interest. When I interview law students for internship, I often notice that they are unable to talk about things more than what is already specified in their CV.

How is the new wage code going to impact the take-home salary?

Oh, I hear this a lot. Let me clarify that the “upcoming wage code will not significantly impact an employee’s take-home salary”. All that the wage code tells us is that if the salary components forming part of ‘wages’ (as per the definition of ‘wages’ in the code) do not constitute 50% of the overall remuneration that the employee receives, then some portion of the non-wage components would be notionally taken out and will form part of ‘wages’ such that the ‘wages’ of the employee becomes 50% of the overall remuneration. This exercise, as I mentioned before, is a notional one and needs to be done when the employer computes certain payments linked to wages, say overtime for extra work. Social security contributions will be computed on such higher wages but again would be subject to Central Government notified caps on contributions (beyond which an employer and an employee are not required to contribute).   

Many Congratulations on joining the BW Legal World Elite 30 Under 30 Club of Achievers 2021. What to your mind has helped you get to where you are and what advice would you have for others who want to set off in a similar direction?

Thank you for your wishes. My career advice, although I feel I am not competent to render one, is that one should never settle for the knowledge one gains in the course of work. There should be a constant hunger to learn more and keep oneself updated with what is going on around us.

As a final note, would you please recommend to our readers your favourite book that left a lasting impression on you?

It is Indra Nooyi’s My Life in Full: Work, Family, and Our Future.