Tuesday 12 September 2017

Judiciary in countries like India needs to be active!

Today, if India manages to survive and grow inspite of its present polity and politicians, the major credit goes to higher levels of judiciary such as the High Court and Supreme court. This is not to deny the credit of scientists, engineers, entrepreneurs, agriculturists and many others who toil to build this country. Often you can hear whispers about judicial activism but I am personally happy for that. The so called activism of the judiciary is essentially the result of inactivity of administration and government. Apart from taking an overload of litigation, they often take "suo motu " cognisance and action on several social issues. I shudder to imagine what would have happened to Delhi, if only the honourable Supreme Court had not been stern on forcing CNG on all, taxies, autos and buses. Even when the Supreme Court orders welfare measures, implementation is lacking by the governments. For instance the honourable Supreme Court has made it compulsory to wear helmets for two wheeler riders and seat belts for four wheeler drivers. Either it is not implemented or implemented namesake. Indians think safety regulations are only for the police to get some extra earning. Indians are known for misplaced values and ideas. They will not participate in adventure or adventure sport but will risk life in riding two wheeler and car by disobeying all traffic rules. Every aspect of human life in India has to be managed only by courts either "suo motu" or on public interest litigation. I can give numerous examples but I feel that everyone living in India is aware of this.
While courts are overflowing with regular cases, appeals etc and struggling with lack of full complement of judges and other judicial officers,  it has become a fad for publicity mongering self styled social activists and letter pad political parties and politicians to go to court on flimsy grounds and unconcerned issues. Of course, sometimes some of the judges reject such cases; issue stern warnings and even impose fines. These do not deter such people from repeating. Sometimes certain novel and interesting judgements to correct concerned people are also given. The most recent such judgement is asking a government Chief medical officer to hoist the national flag every day for a week, in the hospital and sing the national anthem in presence of a police officer. The offense was talking over Mobile phone during the flag hoisting ceremony on the recent Independence day.
Incompetent executives and unqualified legislators are mainly responsible , for over burdening judiciary and provoking judicial activism. The latest disastrous and potentially the most dangerous trend emerging in the country is the disobedience of the orders of the courts including High Court and Supreme Court.
It is started by governments and associations. Disobeying Supreme Court order by Karnataka State on Cauvery issue and the High Court order by the union of government workers associations "JACTOJIO"  on agitations are instances of this trend. If this trend continues and percolates, it will be chaos everywhere. The country will head towards doomsday.
The greatest hope of redressal for a common man is judiciary. The judiciary at least at the lower levels is often corrupt and incompetent. This is again because of unfair and unethical practices adopted to get in. Unlike olden days in  this country, when law colleges were considered the assylum of essentially rowdies and riffraffs from well to do families, today we have motivated youngsters of both sexes flocking towards legal education. Surprisingly, in the past we have had the best legal luminaries and reputed judges. Today, lawers agitate on flimsy grounds; openly ally with political parties and engage in fist fighting in the court campuses either among themselves or with the police. They often take the litigant public for a ride through their behavior. Often, they drag litigation by constant requests for postponement resulting piling up of unresolved cases through lifetimes of people. How are we going to get fair, unprejudiced and competent judges? Judicial activism is tolerated and considered for the good only when judges are fair, free and competent. I am optimistic that the next generation would change my Ideas totally.

Friday 24 February 2017

Are you a master or slave?

I have lived long enough to have experienced almost primitive technologies of 1940s and 50s ( especially in a country like India where penetration of Science and technology advancement used to be slow,) through rapid and the present unbelievably rapid or instantaneous update of technology globally. I am quite savvy as far as technology is concerned and happen to be a pioneer in adopting new technology fast, unlike many of my friends who always wait and watch.Be it a washing machine or microwave oven or dish washer or even a robotic vacuum floor cleaner we are the first to possess. We have all gadgets at home including a WiFi camera through which we monitor our home both outside and inside from wherever we are in the world. Of course, my wife gets. motivated through children in USA. Ours is one of the very few houses where WiFi is on 24×7 irrespective of our availability in the country.
It is nice to put technology to maximal use. Today it is awesome and unimaginable. As long as we are masters of the technology we are safe and can enjoy life. For example, electricity which was scarce in many countries just a century back, has enslaved humanity today and we can not live without it even for a day. Our life every minute is entangled with electricity and everything we use has to be operated by it. If power supply gets disrupted for more than what an inverter based UPS can manage, we will go mad or try to move elsewhere. I have lived in a kerosene dependent electricity free house during school days with out feeling bad about it. But today I am almost a slave for electricity. Same is true for communication. Those days, we use to write letters or send telegram if there is an emergency. When I was in USA in eighties, my family could contact me only once over phone as otherwise writing letters was the only way. Today I am in touch with everyone through various means such as emails; What's app or Hangout messaging; Tweeter; Facebook, voice or video chats through various apps all almost free of cost. Even telephone calls cost a pittance. If you don't hear from someone close to you for sometime, you get jittery. Many of us have already become slaves to smart communication. As students, we used to spend several hours in the library reading, comprehending and jotting down points. Then came photocopiers and scanners to avoid spending time in libraries. Then came computers: desk tops followed by laptops and tablets enabling mobility and avoiding sitting in a place and reading. Now you don't need any of them for information. Your smartphone and for some purposes your smart watch is enough to get all the needed information including directions to navigate. The elderly with cardiac issues can continuously monitor their activities, sleep patterns, heart rates and even heart function (ECG) and report directly to the physician if needed all through Android wears and phones with some apps. What a dramatic change in life style! Some geeks even predict a doomsday forecasting the take over of humans by Artificial intelligence and robots. I am not willing to fall a prey to such cynical and pessimistic imaginations of negative astrologers. No need to be scared of the future and avoid making life easy and pleasant today. I feel that we can always be masters and not slaves of technology. Dependence should not be misconstrued as slavery and loose the unique opportunity to enjoy the benefits of Science and technology. Considering oneself a master or slave is purely an attitude problem.