Wednesday, 9 January 2013

Live Questioningly

No life without questions-Live Questioningly
Questions after questions. The world is full of questions. We all are faced with questions to be answered. Every one of us has been answering such questions continuously. but whether we have pondered about the volume of questions answered by us and the quality of answers given by us.


Most of the times we have been facing momentary questions, and we answer without thinking. Most of our answers are simply rough answers.


Before taking a question we have never sorted them out. We never marshaled them nor did we ever wait for a better question to be answered. We receive a question and answer it almost involuntarily. We never thought about the utility, quality, urgency or relevance of a question coming to us. Questions are coming to us; we are answering them also but we do not bother about the origin of the the question.


I fail to understand why questions are not evaluated, weighed and measured. I do not know why we do not have enough home work before we answer a question. We answer every question spontaneously or with callousness.


Most of the questions can wait but we don not wait either for the question or for the answer. More strange is that we have the question but we don't create question.


Even if questions are there we allow most of them to go unnoticed. They do arise but we do not care because we do not have the patience to wait for a question to solidify and take a definite shape. We do not have the energy to rear a question.


We do not conceive a question easily. I do not say that we are not fertile but i say that we are not willing to conceive a question. Conceiving a question is a painful experience. Before conceiving a question you have to watch around in the realm of fancy and reality, have to be ready to bear and this process disturbs completely. We have to watch,wait and bear and this is really painful.
Questions come like a flash. We will have to identify them and trace their origin and then conceive it within. We do not want to conceive a question because it will cause restlessness.


After conceiving a question we do not incubate it. We do not wait for it and most of the questions even if conceived unwillingly get aborted.


Yes we are being continuously encountered with questions. Some questions penetrate unwillingly.We conceive them but then we don't carry them up to the stage of a full grown up question to be delivered to the society; to be answered by the society. We do not formulate a question with definite flesh. We do not see the limb of question, the soul of question, the heart, mind and blood of question and that is why most of our questions are without life. They are only a mass to be thrown away.
we are really resistant to own a question


Yes this is my question, this question has these dimensions. I have come before the society with mine question. Now i expect an answer from the society. No we do not do this. No where not a single father of a question has been seen or noticed. We have never thought who created those questions even if we have some questions those are very superficial, momentary and we do not care for the life of the question. We don't take questions seriously.


let us learn the art of fathering questions, mothering questions.


Let us live questioningly.


Generations after generations have generated answers only.
A century old question is being continuously answered y further several generations.It is very easy to propose an answer. Whether the answer is correct or not, no body is responsible.I am responsible to the extent that I have done to the best of my pious own self. I am not responsible if it is not correct or hurts you or all of you. This is my answer to the question to the answer.I do not claim it to be a correct or even wise answer. Moreover I am not answerable to you. I am not accountable to you. Every body including you are free to differ and not acknowledge the answer given by me. This is my answer and I cling to it.No body tries to wait for and examine the answer.
Perhaps this is the way the judiciary behaves.
Scientists try to wait and do not jump to answers lightly. They have been trained to own their answer and defend them.
Judges do not own the judgement and they are not expected to defend the answer.
Scientist is there by conviction , judges do not have conviction to any answer. Answering any question either this way or that way is judges' profession. Scientists take years together before answering a question. It is not their profession rather mission. So the science people are more responsible in answering a question.

Let answers come out but answer will come out only when there is a question raised.
Where are the quality questions to be answered, Even if there are question they have not been formulated with perfection.A question must not be bare imagination. Let thee be a whole question.
Strengthening judiciary at ground level
A look around
We have a delivery system. There is demand also.Where is justice manufacturing system and standards?
Is it not today grossly inadequate, ill managed, not at all administered and worn out. Whether a Justice manufacturing system as it is in Indian context survive and be relevant if it is allowed to be on Tripod of article 226,227 and 142 of Indian constitution.Are these canons of justice and Super Article 32 of our coveted constitution are really available to our man in the paddy Field, the fisher man in the river stream and so on.
Whether this Tripod system and this super article is really relevant in Bastar, Kandhmal, Dantewara, Nicobar,Yeracud,Soreng.Medak,Kavaratti..........................................................
Did we ever take this justice delivery system ever beyond the delivery mechanism. Should it be manned and administered by only delivery personals? Where is the participation of common man in the system organisation and if not why? What is the role of justice manufacturing forces in shaping this system as a whole. What is the say of experts of other streams of knowledge in this system? Standards of skills of every branch of knowledge has changed drastically, old base law has been given farewell in several fields,
Whether we have only a ligating system where we do not place confidence on a decision on its fair scrutinised value but on its finality value? Whether Judging is the job (monopoly) of a person who is not having the knowledge of the basic subject and real value aspects but has the sanction of king.
I propose to examine the subject title on amongst other the following headings
  • Make laws grass root justice delivery system friendly
  • Trust the utility of ground level judiciary
  • Trust the competence of ground level judiciary
  • Invest vigorously in development of H R to man ground level judiciary
  • Create judicial infrastructures at ground level
  • Do not allow every thing that enters to take a shape of litigation at grass root level
  • Inject law, legal knowledge and its awareness about consequences every where
  • Invest for spreading law consciousness and adherence at grass root level
  • Train and create law teachers for ground level system consumers
  • Transform 67% of existing lawyers strength to paid legal teachers
  • Train them to work for legal literacy on day to day basis - man to man basis
  • Start micro legal literacy-awareness campaign
  • Invest all the resources available under Advocates act vigorously on all non working court days
  • Let none advance on judicial ladder without first entry at grass root level
  • Let there be a screening every three years for those who want to change beyond grass level
  • Let at this screening level there be only acceptance test of the best without rejecting none
  • Let this exercise be conducted every three years for every body willing
  • Let persons from other fields take this test without any restriction
  • Let persons taking this test and if accepted for the system be further trained for this field
  • Let the system invest vigorously ,decently, generously for other persons opting for this test
  • We will require specialist man power for the system- quality and quantity has to be changed
  • Create motivation for best brain from all walks of knowledge to enter this system through test
  • Welcome others to opt for the system and give all incentives -otherwise stagnation
  • Have a over all HR requirement projection for future 50 years at all levels
  • Adjudicators , specialists, super-specialist, counsellors , mediators , examiners all
  • Change the approach -Judge is the expert of all experts- it is dangerous
  • No more peripheral judging- transform it to exact judging-no more up-gradation of litigation
  • Let there be accepted well taught and widely publicised standards of judging
  • Let not any litigation be allowed to enter the top house without start,examination,counselling
  • Have a judicial data web it helps all and improves timeliness
  • Develop best possible secured web scan and software for justice delivery system
  • Show the courage to rely on the wisdom of the new generation - test them in the system
  • Please ask the old not to obstruct the change under apprehension of being ousted
  • Seniors can still be think tank-utility bank and form advisers guild
  • Justice is in highest demand at grass root level- at top it is individual interest ans insistence
  • Let not this system be an end less walk for the justice seekers- it is disgusting
  • Let not one frustrate because he could not bear an upgraded litigation
  • Give the best possible and final justice at grass root- we can trust the grass root mechanism
  • Train the best brain-maintain them and let them decide transparently- but believe them
  • If a lis is upgraded let the upgraded forum reach back to ground level and not otherwise
  • Let not an individual assumption take shape of lis without thorough examination and counselling
  • Top system functionary must concentrate on standardisation of law
  • Top should not decide a case or litigation on case to case basis
  • Let legal position firm, never shaky-distance from ground reality makes the judge/judgement shaky My sharing of the subject views -to be continued