Man reacts manipulatingly that is called civilization.
Nature reacts straight, that is called nature. It never manipulates
Nature reacts straight, that is called nature. It never manipulates
Sunday, 30 June 2013
Probability test is the only testing measurement available to a judge while appreciating an evidence on the anvil of relevance.
Admissibility of evidence has been made discernible through various acts and conditions precedent or condition subsequent and this area has fewer grey areas that bites the conscience of a judge or confuses the litigants or the legal service provider.
But then to interpret a fact through probability test has not been fixed and still to-day even the Apex Court Judges could not rise above subjectivity. The gender bias , religion bias, caste bias, region bias, class bias, caste bias, scale bias and even political bias is visible every now and then.
Judges are human being. These biases shall always be there either in this form or that, either in this quantity or that; but that pre-occupiedness shall be there and cannot be ruled out completely..None can claim perfect immunity or objectivity.
Admissibility of evidence has been made discernible through various acts and conditions precedent or condition subsequent and this area has fewer grey areas that bites the conscience of a judge or confuses the litigants or the legal service provider.
But then to interpret a fact through probability test has not been fixed and still to-day even the Apex Court Judges could not rise above subjectivity. The gender bias , religion bias, caste bias, region bias, class bias, caste bias, scale bias and even political bias is visible every now and then.
Judges are human being. These biases shall always be there either in this form or that, either in this quantity or that; but that pre-occupiedness shall be there and cannot be ruled out completely..None can claim perfect immunity or objectivity.
किताबों ने अब बाहर निकलना बंद कर दिया,
शब्दकोशों नें सीटी बजाना भी बंद कर लिया,।
शायरी और कविता ने जब से अर्थ खो दिया
उपन्यास अनर्थ ,कथा-कथ्य व्यर्थ हो लिया।
छन्द आवारा हुए,अलंकारों के आकार शेष
शब्द चुप, वाक्य लुप्त ,सबने धरा छद्म-वेश।
कोलाहल संगीत बना ,बिन शब्दों के गीत
बिन मात्रा भाषा रही, बिन रस रहे कवीत।
प्रीत बिना मीत रहे,,बिन मर्यादा रहे जीत
अनर्थ ही अब अर्थ रहे,ऐसी बही है रीत।
शब्दकोशों नें सीटी बजाना भी बंद कर लिया,।
शायरी और कविता ने जब से अर्थ खो दिया
उपन्यास अनर्थ ,कथा-कथ्य व्यर्थ हो लिया।
छन्द आवारा हुए,अलंकारों के आकार शेष
शब्द चुप, वाक्य लुप्त ,सबने धरा छद्म-वेश।
कोलाहल संगीत बना ,बिन शब्दों के गीत
बिन मात्रा भाषा रही, बिन रस रहे कवीत।
प्रीत बिना मीत रहे,,बिन मर्यादा रहे जीत
अनर्थ ही अब अर्थ रहे,ऐसी बही है रीत।
The greatest irony is that the inefficiency in justice delivery system in India has been institutionalised to a great extent.
Grossly untrained ministerial staff, ages old documentation system, unsafe,risk-prone housekeeping,obsolete court practices, non- cooperative -ill-trained bar,, no co-ordination among stake holders, opaque information system, highly monopolistic-authoritarian approach and atmosphere and to cap all these the maladious status quoist wry face disgusted under trained and ill-motivated Judge - cumulatively these components thrive on the ill conceived quest of justice of the litigants visiting the court campuses .
Movement of litigants to courts is so voluminous that it will be worthwhile to evaluate the economics of this legal-mobility - limited tourism.
Those appointed to man this monopolistic service get paid irrespective of the quality of their work.
Not only the end quality, even without concern and without accountability these personnels from bottom up to top get paid. Their employer,the state pays and they get paid- nothing comes in between. One may ask after seeing them sitting idle or gossiping in their respective chairs in court premises , for what they are paid and believe me , there would be no answer.
To find out their productivity, time is a herculean task.
They are there even without practical utility.
This opaque system and this inefficiency is the root cause of corruption in courts, Justice Delivery System
It is a monopoly service. The market competition is not there. There is no reward for better service. People may be heard complaining openly that court system is feeding its own staff, officers and professionals.
Indeed there is a performance crisis in the legal system . This crisis can be felt at every stage. .
The so called magnificent decorative adjective "independence of Judiciary " cannot balance the odd perception about our Justice delivery system. Independence will be counted when the system works. It is perhaps surviving because of its legal monopoly- doing more disservice than service .
There is complete lack of planning, management, administration, innovation, investment of efficient resources ,check and balances within the system, accountability, transparency, sensitiveness, orientation and lastly conviction for justice and its vision.
The system is eroding itself from within due to its own in-sensitiveness and unwillingness to perform. The corrupts have taken hold of the system and the persons at the top lack courage , stamina and time to change the status quo.
A real techonological makeover of the system may change the whole game-play.
Whether they will allow that?.
Even the top brass of the system may find it difficult to harness the vested interest that has taken hold of the system in order to make it their own end serving tool.
But that is a step to be taken.
They say, the step has already been taken.
But perhaps it is still not seen or felt .
Grossly untrained ministerial staff, ages old documentation system, unsafe,risk-prone housekeeping,obsolete court practices, non- cooperative -ill-trained bar,, no co-ordination among stake holders, opaque information system, highly monopolistic-authoritarian approach and atmosphere and to cap all these the maladious status quoist wry face disgusted under trained and ill-motivated Judge - cumulatively these components thrive on the ill conceived quest of justice of the litigants visiting the court campuses .
Movement of litigants to courts is so voluminous that it will be worthwhile to evaluate the economics of this legal-mobility - limited tourism.
Those appointed to man this monopolistic service get paid irrespective of the quality of their work.
Not only the end quality, even without concern and without accountability these personnels from bottom up to top get paid. Their employer,the state pays and they get paid- nothing comes in between. One may ask after seeing them sitting idle or gossiping in their respective chairs in court premises , for what they are paid and believe me , there would be no answer.
To find out their productivity, time is a herculean task.
They are there even without practical utility.
This opaque system and this inefficiency is the root cause of corruption in courts, Justice Delivery System
It is a monopoly service. The market competition is not there. There is no reward for better service. People may be heard complaining openly that court system is feeding its own staff, officers and professionals.
Indeed there is a performance crisis in the legal system . This crisis can be felt at every stage. .
The so called magnificent decorative adjective "independence of Judiciary " cannot balance the odd perception about our Justice delivery system. Independence will be counted when the system works. It is perhaps surviving because of its legal monopoly- doing more disservice than service .
There is complete lack of planning, management, administration, innovation, investment of efficient resources ,check and balances within the system, accountability, transparency, sensitiveness, orientation and lastly conviction for justice and its vision.
The system is eroding itself from within due to its own in-sensitiveness and unwillingness to perform. The corrupts have taken hold of the system and the persons at the top lack courage , stamina and time to change the status quo.
A real techonological makeover of the system may change the whole game-play.
Whether they will allow that?.
Even the top brass of the system may find it difficult to harness the vested interest that has taken hold of the system in order to make it their own end serving tool.
But that is a step to be taken.
They say, the step has already been taken.
But perhaps it is still not seen or felt .
Saturday, 29 June 2013
The intolerance of the executive and some times of the legislature towards the judiciary's claims to independence throws up many risks which affect the working of the subordinate judiciary. These wings often do not co-operate with the subordinate judiciary up to their fullest.
The judge's skills are very much on demand to tactfully and effectively manage such risks.
Te conflict rarely comes out in open. it is ther as an under current adding to the tension under which a judge has to work.
In most cases open conflict is avoided. The judge's anxiety to avert a conflict results in neglect of their bare needs and even necessities. However this scenario is not healthy and posses further risks so far the area of risk management in judicial management is concerned.
Judges cannot reach to political ears of the executive. Judges never speak out their grievances publicly. Subordinate Judiciary being closest to public and further closest to the ultimate execution of every judicial order are really exposed to disguised threats. For this limb of judiciary the only hope is High Court but most of the times the ears of High Courts are found beyond their reach.
The plight of civil judges subordinate to high court calls for urgent attention. If not attended at the right moment, it may pose a grave risk to their efficiency very soon.
If I use a direct phrase to convey myself-it runs the risk of insubordination-when addressed to the High Court.If the demand is addressed to are loud,they run the risk of political overtones.
The judge's skills are very much on demand to tactfully and effectively manage such risks.
Te conflict rarely comes out in open. it is ther as an under current adding to the tension under which a judge has to work.
In most cases open conflict is avoided. The judge's anxiety to avert a conflict results in neglect of their bare needs and even necessities. However this scenario is not healthy and posses further risks so far the area of risk management in judicial management is concerned.
Judges cannot reach to political ears of the executive. Judges never speak out their grievances publicly. Subordinate Judiciary being closest to public and further closest to the ultimate execution of every judicial order are really exposed to disguised threats. For this limb of judiciary the only hope is High Court but most of the times the ears of High Courts are found beyond their reach.
The plight of civil judges subordinate to high court calls for urgent attention. If not attended at the right moment, it may pose a grave risk to their efficiency very soon.
If I use a direct phrase to convey myself-it runs the risk of insubordination-when addressed to the High Court.If the demand is addressed to are loud,they run the risk of political overtones.
The judges are part of the judicial department of the state.The other two parts of the tripod are the executive and the legislature. The judges enjoy unique independence and are free from all or any control either by legislature or executive. Law and precedents, law as enacted and law as decided or declared alone guide the judge.
But at the same time it is not completely true about judges independence or freedom.
The Judges are appointed by the executive under the authority of law enacted by legislature. Judiciary itself is creation of law enacted , regulated by legislature. Various civil courts Acts stipulate appointment and dismissal of subordinate court judiciary by the state executive. Certainly at present these powers of executive are passing through respective High Courts.
Similarly at higher level appointments are made by the union government at the centre.
Certain safeguards like selection of the prospective candidates by the high courts or Public Service Commission before appointment at lower level and consultation with the High court and the Supreme Court for higher levels are put in place to prevent the authority from becoming arbitrary or from exercising a disguised form of control.
The Constitution of India ensures independent functioning of our court system and thereby confers independence to the Judiciary as a whole and the Judges.
There cannot be and there is no interference with day to day functioning of the courts or court system from the executive or legislative limb of the government , state and central.
The executive has very little to do with the judges once they are appointed. Of course provisions for amenities like furnitures, books , residential or other infrastructure are in the hands of executive.
This inevitably makes the independence of judiciary vulnerable to some extent.
Here again the Subordinate Judiciary has to ask for any such facilities required in court rooms or otherwise only through representation routed trough the High court.
The disciplinary powers and powers of superintendence for the subordinate
judiciary are with High Courts . THe high court conducts enquiry, initiates proceedings, takes administrative , remedial, corrective , punitive measures including the orders of suspension during the enquiry.
Still the power of dismissal is with government because the appointment is made by government. But generally the recommendations of High Courts are accepted.
But at the same time it is not completely true about judges independence or freedom.
The Judges are appointed by the executive under the authority of law enacted by legislature. Judiciary itself is creation of law enacted , regulated by legislature. Various civil courts Acts stipulate appointment and dismissal of subordinate court judiciary by the state executive. Certainly at present these powers of executive are passing through respective High Courts.
Similarly at higher level appointments are made by the union government at the centre.
Certain safeguards like selection of the prospective candidates by the high courts or Public Service Commission before appointment at lower level and consultation with the High court and the Supreme Court for higher levels are put in place to prevent the authority from becoming arbitrary or from exercising a disguised form of control.
The Constitution of India ensures independent functioning of our court system and thereby confers independence to the Judiciary as a whole and the Judges.
There cannot be and there is no interference with day to day functioning of the courts or court system from the executive or legislative limb of the government , state and central.
The executive has very little to do with the judges once they are appointed. Of course provisions for amenities like furnitures, books , residential or other infrastructure are in the hands of executive.
This inevitably makes the independence of judiciary vulnerable to some extent.
Here again the Subordinate Judiciary has to ask for any such facilities required in court rooms or otherwise only through representation routed trough the High court.
The disciplinary powers and powers of superintendence for the subordinate
judiciary are with High Courts . THe high court conducts enquiry, initiates proceedings, takes administrative , remedial, corrective , punitive measures including the orders of suspension during the enquiry.
Still the power of dismissal is with government because the appointment is made by government. But generally the recommendations of High Courts are accepted.
Friday, 28 June 2013
Justice Delivery System is always full of occupational hazards, operational uncertainties and inherent perceptional risk factors of different magnitudes.
One of the risks that causes shivering alerts is to face the risk of attitudinal flaw towards law .Such an approach towards law leads to confusion about use and misuse of law, legal system and ultimately putting a huge question mark over the whole of JDS ( Justice Delivery System).
Every party taking recourse to the JDS and even the stake holders otherwise have their own private agenda which at times is so manipulated that it becomes difficult to even know the same.
Such an approach leads to lost utility of the system itself. It may be put to such an use for which it was not ordinarily meant.
One of the risks that causes shivering alerts is to face the risk of attitudinal flaw towards law .Such an approach towards law leads to confusion about use and misuse of law, legal system and ultimately putting a huge question mark over the whole of JDS ( Justice Delivery System).
Every party taking recourse to the JDS and even the stake holders otherwise have their own private agenda which at times is so manipulated that it becomes difficult to even know the same.
Such an approach leads to lost utility of the system itself. It may be put to such an use for which it was not ordinarily meant.
Judicial system is a wholesome service rendering enterprise wherein several stake holders have to play their respective roles.
Justice is sought competitively, envyingly , compellingly,and many a times cunningly.
Justice sought has different shapes, sizes and dimensions for different stake holder and the quantity and quality of justice is also dependent on efficiency, vision, objectivity, benchmarks stipulated , limitations created and above all is ultimately controlled to a extent by subjectivity of the stake holders including the service-provider and law at the relevant moment.
The whole system while in action passes several acid tests and has to fare through several phases of risks.
One of the risk is the process itself being misused, abused.
Those responsible to channelise this JDS must consciously and eagerly watch the journey of each litigation so that the journey may not become meaningless or fruitless or a tool of sheer oppressiion.
The inbuilt rigidity in codified law some times become an obstacle in the pathway of justice and this rigidity having been perceived by cunning stake holders is used as a tool to abuse JDS.
At the same time the discretion vested in various service providers , or the inherent operational hazards, communication gaps, geographical constraints, conflicting time and speed more than often tend to block the path of Justice and makes the whole purpose of JDs irrelevant .
The inadequate investment of resources, the sub-standard resources invested or intentional use of this resource -starving- technique or forcing the JDS to stick to the wall or be subjected to law of diminishing its at-least marginal utility are other reasons whereby this JDS may be grossly abused or can be rendered meaningless.
What is exactly meant by 'abuse of process'. In fact this phrase is used even in statute governing the procedures in court.
Does it mean just bending the law in a case where a strict and literal interpretation of a statute would do injustice to the case at hand.
No. It does not amount to abuse when flexibility is invested with a view to bring the real meaning and content of the word and phrases in the enactment.
The legislative intnt is the thing the judge is after.
Interpretation is a judicial skill.
When a word means one thing in the colloquial sense but has acquired a different import in legal sense, the judge has to carefully find out which meaning was meant to be conveyed bythe author when the judge is called upon to interpret the writing.
So plurality of meanings of the same word presents a risk a judge has to manage in addition to many other risks.
Justice is sought competitively, envyingly , compellingly,and many a times cunningly.
Justice sought has different shapes, sizes and dimensions for different stake holder and the quantity and quality of justice is also dependent on efficiency, vision, objectivity, benchmarks stipulated , limitations created and above all is ultimately controlled to a extent by subjectivity of the stake holders including the service-provider and law at the relevant moment.
The whole system while in action passes several acid tests and has to fare through several phases of risks.
One of the risk is the process itself being misused, abused.
Those responsible to channelise this JDS must consciously and eagerly watch the journey of each litigation so that the journey may not become meaningless or fruitless or a tool of sheer oppressiion.
The inbuilt rigidity in codified law some times become an obstacle in the pathway of justice and this rigidity having been perceived by cunning stake holders is used as a tool to abuse JDS.
At the same time the discretion vested in various service providers , or the inherent operational hazards, communication gaps, geographical constraints, conflicting time and speed more than often tend to block the path of Justice and makes the whole purpose of JDs irrelevant .
The inadequate investment of resources, the sub-standard resources invested or intentional use of this resource -starving- technique or forcing the JDS to stick to the wall or be subjected to law of diminishing its at-least marginal utility are other reasons whereby this JDS may be grossly abused or can be rendered meaningless.
What is exactly meant by 'abuse of process'. In fact this phrase is used even in statute governing the procedures in court.
Does it mean just bending the law in a case where a strict and literal interpretation of a statute would do injustice to the case at hand.
No. It does not amount to abuse when flexibility is invested with a view to bring the real meaning and content of the word and phrases in the enactment.
The legislative intnt is the thing the judge is after.
Interpretation is a judicial skill.
When a word means one thing in the colloquial sense but has acquired a different import in legal sense, the judge has to carefully find out which meaning was meant to be conveyed bythe author when the judge is called upon to interpret the writing.
So plurality of meanings of the same word presents a risk a judge has to manage in addition to many other risks.
Interpretation is a judicial skill .
Sometimes the legal process out of this legal system is used by some with ulterior motive of wrecking vengeance, involving the other side in ruinous waste of time, money and all worldly as well mental resources, distracting him from his main occupation, heaping humiliation on him, stigmatising him in his own and in social esteem.
In other words these are the ways in which the legal system is misused by some and it is called abuse of process.
Legal system is having inbuilt risk of being misused.
A misused legal recourse may render otherwise a very useful tool under law meaningless or a tool of oppression.
Sometimes the legal process out of this legal system is used by some with ulterior motive of wrecking vengeance, involving the other side in ruinous waste of time, money and all worldly as well mental resources, distracting him from his main occupation, heaping humiliation on him, stigmatising him in his own and in social esteem.
In other words these are the ways in which the legal system is misused by some and it is called abuse of process.
Legal system is having inbuilt risk of being misused.
A misused legal recourse may render otherwise a very useful tool under law meaningless or a tool of oppression.
Thursday, 27 June 2013
रुको, टहरो, यूँ कहाँ जा रहे हो
अपने जाने के पहले
सब कुछ बदल कर यूँ
यूँ कहाँ जा रहे हो।
शब्द बदले
अर्थ बदल डाला है
दशा औ दिशा बदली
गंतब्य बदल डाला है।
रुको, टहरो, यूँ कहाँ जा रहे हो।
प्रर्थी की प्रर्थना बदली
अब्यर्थी की अभ्यर्थना बदल डाला है
निन्दनीय की निन्दा बदली
वन्दनीय की वन्दना बदल डाला है।
रुको, टहरो, यूँ कहाँ जा रहे हो
लक्ष्मण की रेखा बदली,
हदों की हद को ही बदल डाला है
प्रतिबन्ध का बंध बदला
सुरक्षा की रक्षा को ही बदल डाला है ।
रुको, टहरो, यूँ कहाँ जा रहे हो
भाषा तो बदल डाली
परिभाषा तक तो भी बदल डाला है
इतिहास बदला, भूगोल बदला
खूद को,भविष्य को यूँ क्यूँ बदलडाला है।
रुको, टहरो, यूँ कहाँ जा रहे हो
उचित को अनुचित बदला
सत्य को ही असत्य में बदल डाला है
पाप बदला, पुण्य बदला
अनर्थ को ही अर्थ में बदल डाला है।
रुको, टहरो, यूँ कहाँ जा रहे हो
इसको बदला, उसको बदला
खुद को ही इतना बदल डाला है
धरती बदली, अम्बर बदला
उसको भी इतना बदल डाला हे।
रुको, टहरो, यूँ कहाँ जा रहे हो
रुको, टहरो, यूँ कहाँ जा रहे हो
अपने जाने के पहले
सब कुछ बदल कर यूँ
यूँ कहाँ जा रहे हो।
शब्द बदले
अर्थ बदल डाला है
दशा औ दिशा बदली
गंतब्य बदल डाला है।
अपने जाने के पहले
सब कुछ बदल कर यूँ
यूँ कहाँ जा रहे हो।
शब्द बदले
अर्थ बदल डाला है
दशा औ दिशा बदली
गंतब्य बदल डाला है।
रुको, टहरो, यूँ कहाँ जा रहे हो।
प्रर्थी की प्रर्थना बदली
अब्यर्थी की अभ्यर्थना बदल डाला है
निन्दनीय की निन्दा बदली
वन्दनीय की वन्दना बदल डाला है।
रुको, टहरो, यूँ कहाँ जा रहे हो
लक्ष्मण की रेखा बदली,
हदों की हद को ही बदल डाला है
प्रतिबन्ध का बंध बदला
सुरक्षा की रक्षा को ही बदल डाला है ।
रुको, टहरो, यूँ कहाँ जा रहे हो
भाषा तो बदल डाली
परिभाषा तक तो भी बदल डाला है
इतिहास बदला, भूगोल बदला
खूद को,भविष्य को यूँ क्यूँ बदलडाला है।
रुको, टहरो, यूँ कहाँ जा रहे हो
उचित को अनुचित बदला
सत्य को ही असत्य में बदल डाला है
पाप बदला, पुण्य बदला
अनर्थ को ही अर्थ में बदल डाला है।
रुको, टहरो, यूँ कहाँ जा रहे हो
इसको बदला, उसको बदला
खुद को ही इतना बदल डाला है
धरती बदली, अम्बर बदला
उसको भी इतना बदल डाला हे।
रुको, टहरो, यूँ कहाँ जा रहे हो
रुको, टहरो, यूँ कहाँ जा रहे हो
अपने जाने के पहले
सब कुछ बदल कर यूँ
यूँ कहाँ जा रहे हो।
शब्द बदले
अर्थ बदल डाला है
दशा औ दिशा बदली
गंतब्य बदल डाला है।
Wednesday, 26 June 2013
This process is justice delivery system.
I am subjected to various restrictions which I do not like or denied several things which I like.
They claim they are doing so because they have the authority.
I knock the court to know whether they have the authority.
They do so in a particular way.
I knock the court to know whether they can do so in that particular way.
This is seeking justice and this process is justice delivery system.
All the queries must be answered promptly clearly and without delay.
They claim they are doing so because they have the authority.
I knock the court to know whether they have the authority.
They do so in a particular way.
I knock the court to know whether they can do so in that particular way.
This is seeking justice and this process is justice delivery system.
All the queries must be answered promptly clearly and without delay.
Why do we want a suggestive judiciary, a directory judgement and a perennial litigation?.Why the average life of an average litigation in India is perhaps longest?
Is it true that we have more confusions to be sorted through Judicial process than cases or disputed questions to be decided by judiciary?
Do we all love snail-prototype judicial system, I repeat we all?
Are we really serious to be judges for judicial system?
Do we suggest our next generation judicial (not legal) career?
Why we crave for a judiciary for me and a judgement always for me? Have we ever lamented Supersession of Judges?
Why we are afraid of every judicial decision, judicial adjudication?
Why do not we hesitate in showing lack of confidence in this judicial system or the judge just before the judgement has to come and why we assume all the rights of an ordinary accused although all through our life we claimed to be the leader for the society?
Judicial system has some questions.
Will you please answer a few of them?
Is it true that we have more confusions to be sorted through Judicial process than cases or disputed questions to be decided by judiciary?
Do we all love snail-prototype judicial system, I repeat we all?
Are we really serious to be judges for judicial system?
Do we suggest our next generation judicial (not legal) career?
Why we crave for a judiciary for me and a judgement always for me? Have we ever lamented Supersession of Judges?
Why we are afraid of every judicial decision, judicial adjudication?
Why do not we hesitate in showing lack of confidence in this judicial system or the judge just before the judgement has to come and why we assume all the rights of an ordinary accused although all through our life we claimed to be the leader for the society?
Judicial system has some questions.
Will you please answer a few of them?
हिमालय क्यूँ रोया।
पहाड़ सा धीर, सदा नीर
हिमालय क्यूँ रोया।
अपने चीर हरण से उकता गया
अपने नंगे बदन से शर्मा गया
द्यूत क्रीड़ा का पास न बन सका
या फिर धीरज चूक गया
जैसे को तैसा किया।
जो भी किया हिमालय तुमने
शायद मदमस्त मानव झकझौर दिया
... हमारा ही किया,हमें दिया
हम तुम्हें जान न सके
फकत एक पहाड़ नहीं हो तुम।
हिमालय क्यूँ रोया।
हिमालय क्यूँ रोया
पहाड़ सा धीर, सदा नीर
हिमालय क्यूँ रोया।
अपने चीर हरण से उकता गया
अपने नंगे बदन से शर्मा गया
द्यूत क्रीड़ा का पास न बन सका
या फिर धीरज चूक गया
जैसे को तैसा किया।
जो भी किया हिमालय तुमने
शायद मदमस्त मानव झकझौर दिया
... हमारा ही किया,हमें दिया
हम तुम्हें जान न सके
फकत एक पहाड़ नहीं हो तुम।
हिमालय क्यूँ रोया।
हिमालय क्यूँ रोया
Tuesday, 25 June 2013
See
for yourself, why the courts are overburdened because everybody else is
avoiding decision and thereby avoiding risk and accountability and
stealthily passes the whole burden on judiciary -from civic problems of
daily nature to the histo...rical
beliefs and odds, from daily routine administrative deployment to
highly technical matters, - in fact most of the time there is no dispute
but the person or institution who had the responsibility did not take
the decision at his end and prompted someone to go to the court and get
it decided through court. A BIG CONSPIRACY AGAINST PEOPLE AND
JUDICIARY
महत्व तो केवल समय देता है, वही कद्रदान है, वर्तमान से , लोगों से कद्र की उम्मीद करते हुए कोई काम किया ही नहीं जा सकता, लोग तो जहर का प्याला, सूली, सलीब। सितम, जलालत, जहालत, लानत ही देते हैं- पर उसकी परवाह किसको- हाँ थोड़ा साहस , धैर्य तथा किसी एक का हाथ में हाथ डाले साथ और किसी एक का सर पर हाथ तथा अपना माथ तो चाहिये ही न।
Let us ask the fundamental questions: why do we give our son a foreign university degree or foreign tag education?
Do we assume they would teach him something that we could not or do we
feel that we do not have enough to teach or give to our son?
Do we
feel they would complement what we had to teach or supplement it? Do we
find that currently what he has learned is almost a substitute to what
we... know?
Isn't education supposed to teach him best practices, so where is the problem?
Can't we teach the best - best in all respect?
If not ,what; and why. Why we cannot teach that?
Have we identified what we are unable to teach?
Have we explored and questioned, why we are unable to teach?
Or we are simply a prey to market strategies.
Have we ever docketed our whole of ancient,contemporary or ongoing knowledge resources in an intelligent systematic wa
I
try to make sure that I am not opposing my son only because he is
different. If I impose my views on him, he will resist. He will see me
as a threat and reject me. Or, he will only pretend to listen me, and
end up doing whatever he wants to do.
I need to respect my son as another person with an education different from mine and may be better then mine.
I am not the only best.
The best is yet to come and I am there to welcome it in the form it appears or descends.
मानव मन अनन्त संभावना की सतत् यात्रा पर रहता है, इन संभावनाओं का पूर्वाभाष, आकलन करने की क्षमता ही हमारी शिक्षा है। मानव मन की यही गति मानव के समस्त शारीरिक अथवा मानसिक क्रिया-कलापों की दिशा -दशा तथा तीब्रता निर्धारित करती है। मानव मन का अध्येता मानव शरीर के क्षेत्र मै काम करने वालों का स्वाभाविक नेतृत्व करने लगता है क्यों कि मानव मन की गति की संभआवनाओं के अद्ध्ययन से जो दूर दृष्टि प्राप्त होती है वह मानव शरीर के जानकरों के लिये संभव नहीं है।
प्रकृति का संपूर्ण वास्तुशिल्प अत्यन्त समनुपातिक एवं सहज है,
चूःकि हमारी बुद्धि, हमारा मन और शरीर तुलनात्मक रूप से उतना सहज नहीं रह सका ,
प्रकृति के कारण नहीं , अपने कारण,
क्यौंकि हम स्वयं को प्रकृति के संपूर्ण हवाले नही कर पाते हैं,
अतएव हम अपनी उर्जा प्रकृति को समझने में,
... कभी कभी लड़ने में,
प्रकृति को ही अपने अनुरुप बनाने में
अथवा अपनी उचित अवस्था की खोज मैं लगाने लगते हैं।
प्रकृति के सहज हवाले नहीं कर पाने की हमारी कृत्रिम असहजता या असफलता को
ही हमने सभ्यता, पुरूसार्थ समझने की जो भूल की है वह अक्षम्य है।
If
you are better then average betters, you must be certified genius
otherwise be ready for kicks, boots and hooting. They never trust a man
with really higher degree of performance, understanding or yield. They
have only two ideas, just like we or Angel (GOD OR DEVIL).They would
simply preach not to be really very wise, laborious,honest,good,innovati
next time ,if you are born, plan like that.
Monday, 24 June 2013
वैसे मैं आज आपको बताने के लिये आगे बढ़ रहा हूँ।
मैंने आज जाना ही है इसे।
छैसे यह बात कई दिनों से मेरे समक्ष बार बार उपस्थित तो हो रही थी। मैं समझने लगा था कि मुझे बनाये जाने के पहले इंजीनियर या नक्शा बनाने वोलों ने कोई नक्शा नहीं बनाया था। न हीं मेरे लिये कोई निंव ही खोदी गई। मुझे पूरा विश्वास भी है कि मेरे पास आप में से अधिकांश की तरह कोई नींव तो है ही नहीं,उसके पोख्ता या मजबूत होने का कोई प्रश्न कहाँ।ईसलिये मैं सदैव टूटने या उखढ़ने से डरता रहा हूँ।
जैसे कोई कोमल पौधा अपनी कोमल जड़ों से धरती के अन्दर प्रवेश करने की कोशिश कर रहा हो, अपने अस्तित्व की तलाश कर रहा हो, स्वरूप धारण कर रहा हो, अँकुराने से ले कर एक सुरक्षित सा दिखने वाला पौधा बनने की शुरूआती यात्रा- कुछ इसी तरह मैंने आज तक की यात्रा पूरी की है।
मैंने आज जाना ही है इसे।
छैसे यह बात कई दिनों से मेरे समक्ष बार बार उपस्थित तो हो रही थी। मैं समझने लगा था कि मुझे बनाये जाने के पहले इंजीनियर या नक्शा बनाने वोलों ने कोई नक्शा नहीं बनाया था। न हीं मेरे लिये कोई निंव ही खोदी गई। मुझे पूरा विश्वास भी है कि मेरे पास आप में से अधिकांश की तरह कोई नींव तो है ही नहीं,उसके पोख्ता या मजबूत होने का कोई प्रश्न कहाँ।ईसलिये मैं सदैव टूटने या उखढ़ने से डरता रहा हूँ।
जैसे कोई कोमल पौधा अपनी कोमल जड़ों से धरती के अन्दर प्रवेश करने की कोशिश कर रहा हो, अपने अस्तित्व की तलाश कर रहा हो, स्वरूप धारण कर रहा हो, अँकुराने से ले कर एक सुरक्षित सा दिखने वाला पौधा बनने की शुरूआती यात्रा- कुछ इसी तरह मैंने आज तक की यात्रा पूरी की है।
o
Many people do not pay tax simply because the compliance cost was too high.
Experience worldwide and now in India shows that an easy way to improve tax payments is to reduce the cost of compliance.
Small or marginal business fear a tax-man more than the tax-burden itself. Social goodwill of a tax-man appear lower even than a police-man
Experience worldwide and now in India shows that an easy way to improve tax payments is to reduce the cost of compliance.
Small or marginal business fear a tax-man more than the tax-burden itself. Social goodwill of a tax-man appear lower even than a police-man
Earliest failures and hardships have been my best teachers and shaped my character and personality much more than successes.
Worst I experienced, best I learnt.
The best of my lessons I learnt came from the really tough, bitter and disgusting encounters.
Every failure was a real classroom experience for me.
Worst I experienced, best I learnt.
The best of my lessons I learnt came from the really tough, bitter and disgusting encounters.
Every failure was a real classroom experience for me.
We must inculcate intellectual honesty about what we really are.
We must have a speaking well analysed balance sheet of our strengths and weaknesses?
We must be ready to share it.
Do we have a desire to learn and take appropriate curative, remedial measures based on that revelation in our balance sheet ?
It is usually more difficult to do so than to propose .
Wait till I re-configure my self and try to match what I say and what I do.
We must have a speaking well analysed balance sheet of our strengths and weaknesses?
We must be ready to share it.
Do we have a desire to learn and take appropriate curative, remedial measures based on that revelation in our balance sheet ?
It is usually more difficult to do so than to propose .
Wait till I re-configure my self and try to match what I say and what I do.
Sunday, 23 June 2013
My sincere request- please do whatever little you can do as a legal service activist- my concern goes to you Raw, -edit it, rewrite it and please share it---Legal Services Authority infrastructure raised in this country during last two decades has an opportunity to prove its relevance at this moment in reference with Uttarakhand tragedy
- Those affected are not organised
They come from all parts of India
Locals are left with even no evidence about themselves what to say of means.
Local official data, records are destroyed.
Dead are dead but there is no evidence of their death.
No body is there to certify a death,
Locals must have lost all documents of their place, property and life. They must have lost documents of their insurance agreements, deposits in bank. Tourists under agreement with tour operators have certain accident insurance covers. Motor vehicles , all have insurance covers for the vehicles and third party risk. Some bank or post office deposit accounts carry attached insurance claims.
Those travelling and having suffered losses during use of vehicle have a right to get compensated .
Several drivers, workers etc have a right under various Compensation Act.
Reconstruction of documents,
getting death certified,
getting relationship certified,
locating different enforceable insurance contracts,
getting them settled,
restore the properties left to the rightful owner,
bank deposits be restored to the rightful owner,
how to get rid of succession certificate problem,
govt records to be restored,
getting status of a victim certified,
Rights o those who paid well for their stay in hotels,
rights of those who hired tour operator services,
rights of those who hired or were using the motor vehicles, rights of the locals under different govt. schemes
a lot more for every legal services activist
- Those affected are not organised
They come from all parts of India
Locals are left with even no evidence about themselves what to say of means.
Local official data, records are destroyed.
Dead are dead but there is no evidence of their death.
No body is there to certify a death,
Locals must have lost all documents of their place, property and life. They must have lost documents of their insurance agreements, deposits in bank. Tourists under agreement with tour operators have certain accident insurance covers. Motor vehicles , all have insurance covers for the vehicles and third party risk. Some bank or post office deposit accounts carry attached insurance claims.
Those travelling and having suffered losses during use of vehicle have a right to get compensated .
Several drivers, workers etc have a right under various Compensation Act.
Reconstruction of documents,
getting death certified,
getting relationship certified,
locating different enforceable insurance contracts,
getting them settled,
restore the properties left to the rightful owner,
bank deposits be restored to the rightful owner,
how to get rid of succession certificate problem,
govt records to be restored,
getting status of a victim certified,
Rights o those who paid well for their stay in hotels,
rights of those who hired tour operator services,
rights of those who hired or were using the motor vehicles, rights of the locals under different govt. schemes
a lot more for every legal services activist
What has to be done by you and me is to spread the message that relief measures during such calamities must include legal measures and Legal service Mechanism should be made a part of Disaster Management . This will raise the esteem of Judiciary in the eyes of general public , especially the grass root people.
The grass root Judiciary will have another face to be presented before general public and in this way the image of grass root Judiciary can be strengthened-
But then additional hands and resources must be provided and a Disaster Management Wing in the Judiciary capable and willing to help the general public has to be raised under the authority of suitable law.
During such period Local Bar and its members may be authorised under suitable legal provisions for making civil investigations, recommending declaratory decrees /certificates / compensation awards to be confirmed by regular court after verifying and checking the documents and hearing summarily such parties as the court deems fit and proper and which can be summarily annulled if fraud is detected and for such role of the bar certain sum can be allocated at the disposable of Bar to be used for the purpose. More can be conceived as a role for legal and judicial fraternity in such urgencies.
The Judicial officers should be trained in a way that they can respond suitably as Legal Volunteers in such situation. Law school curriculum should have special focus on mass legal services in extra ordinary situation
The grass root Judiciary will have another face to be presented before general public and in this way the image of grass root Judiciary can be strengthened-
But then additional hands and resources must be provided and a Disaster Management Wing in the Judiciary capable and willing to help the general public has to be raised under the authority of suitable law.
During such period Local Bar and its members may be authorised under suitable legal provisions for making civil investigations, recommending declaratory decrees /certificates / compensation awards to be confirmed by regular court after verifying and checking the documents and hearing summarily such parties as the court deems fit and proper and which can be summarily annulled if fraud is detected and for such role of the bar certain sum can be allocated at the disposable of Bar to be used for the purpose. More can be conceived as a role for legal and judicial fraternity in such urgencies.
The Judicial officers should be trained in a way that they can respond suitably as Legal Volunteers in such situation. Law school curriculum should have special focus on mass legal services in extra ordinary situation
Rape is a different type of offence, ( Crime ) directly related with physical and biological instinctive impulses of human and it has a curious rather surprising social evaluation in Indian villages, college campuses, and experience shows only a tip of iceberg about this most prevalent cruel crime is coming to be reported and even the most respected elders are found indulging in it without much real risk , I really doubt whether law can deter them if the social evaluation of this offence and crime is not uniform and is really biased based on caste, creed, monetary status, social status of the victim and the offender
yes, there should be constitutionalist judge and they must be rewritten after they are inducted as a Judge otherwise with their own earlier written prejudices they will keep on asking even more stupid questions, expect more stupid answers and will go on suggestion curious measures to deal with this crime, Judges should be rewritten just as we rewrite (train) our soldiers, army, to make them think as per law and law only guided by our Constitution and its basic features
yes, there should be constitutionalist judge and they must be rewritten after they are inducted as a Judge otherwise with their own earlier written prejudices they will keep on asking even more stupid questions, expect more stupid answers and will go on suggestion curious measures to deal with this crime, Judges should be rewritten just as we rewrite (train) our soldiers, army, to make them think as per law and law only guided by our Constitution and its basic features
The patent dishonesty of litigants has always been a real threat in the pathway of delivery of Justice.
Selfish litigants in order to serve their greed, lust often take recourse to tactical falsehood and often mix it with truth or present it to showcase the falsehood as truth in the court of law.
Such acts are being perpetrated with professional skill in a planned way.
This approach has become part of social behaviour. In order to serve self-hood and in the name of self defence it has become the traditional approach of the society to cover up truth, to cook up truth, to present cooked or mixed truth.
This makes the work of a judge very risky and breeds risk at different stages of judicial proceedings. Quite a few fall a prey to these evil designs.
Selfish litigants in order to serve their greed, lust often take recourse to tactical falsehood and often mix it with truth or present it to showcase the falsehood as truth in the court of law.
Such acts are being perpetrated with professional skill in a planned way.
This approach has become part of social behaviour. In order to serve self-hood and in the name of self defence it has become the traditional approach of the society to cover up truth, to cook up truth, to present cooked or mixed truth.
This makes the work of a judge very risky and breeds risk at different stages of judicial proceedings. Quite a few fall a prey to these evil designs.
In the past people had no free access to law, legal knowledge and legal services. People had no easy access to court, judge and judicial system. The common man only felt the courts an elite class luxury and law an instrument of oppression in the hands of influential class with a trained mind set to use the law always in their side.
Still people dreamt of justice, wanted justice and found justice not within their reach.
To-day knowledge of law and awareness as well legal literacy has increased in all the sections of society. As a result now they demand justice.
They insist on its timely delivery,justice without delay. In fact Justice is the business of legal system . The consumer decides it by his expectations.
Of course,it is difficult for a monopoly service system to respond to such expectations,
What is the expectation of a consumer of legal system. He expects law to serve him, to fulfil his need.
When a person goes to the court he expects that he should have an order of an authority in his favour which he can get enforced if situation so demands. Other he expects that he should not be dominated by any body against his will. Whenever he feels the pressure of anything causing discomfort to him he goes to the court complaining against the person and discomforting element.
Now here e is willing to win a verdict in his favour. His anticipation is to win.
But in the system there is no guarantee for any person for his win because the system will first look into law, hear the other side, look for the precedents and hen weigh pros and cons to arrive at a finding.
But still there may be one guarantee and that guarantee is the essence of any effective justice delivery system.
The guarantee of fair play, a fair hearing and a fair trial affords the consumer of the system a fair level of satisfaction. Even if he fails to achieve success as per his own expectation, this element of really fair trial gives him satisfaction and courage.
Any thing that dents this aspect of fairness of hearing, trial, denies him that response to his expectation.
Unmanaged risks endanger the response of the system to his expectation.
Procedural rules are effective tools to manage such risks to fair trial. The procedure laid down and evenly executed and implemented are real risk handling equipments and an assurance for fairness as well an insurance for the expectations of a suitor.
Still people dreamt of justice, wanted justice and found justice not within their reach.
To-day knowledge of law and awareness as well legal literacy has increased in all the sections of society. As a result now they demand justice.
They insist on its timely delivery,justice without delay. In fact Justice is the business of legal system . The consumer decides it by his expectations.
Of course,it is difficult for a monopoly service system to respond to such expectations,
What is the expectation of a consumer of legal system. He expects law to serve him, to fulfil his need.
When a person goes to the court he expects that he should have an order of an authority in his favour which he can get enforced if situation so demands. Other he expects that he should not be dominated by any body against his will. Whenever he feels the pressure of anything causing discomfort to him he goes to the court complaining against the person and discomforting element.
Now here e is willing to win a verdict in his favour. His anticipation is to win.
But in the system there is no guarantee for any person for his win because the system will first look into law, hear the other side, look for the precedents and hen weigh pros and cons to arrive at a finding.
But still there may be one guarantee and that guarantee is the essence of any effective justice delivery system.
The guarantee of fair play, a fair hearing and a fair trial affords the consumer of the system a fair level of satisfaction. Even if he fails to achieve success as per his own expectation, this element of really fair trial gives him satisfaction and courage.
Any thing that dents this aspect of fairness of hearing, trial, denies him that response to his expectation.
Unmanaged risks endanger the response of the system to his expectation.
Procedural rules are effective tools to manage such risks to fair trial. The procedure laid down and evenly executed and implemented are real risk handling equipments and an assurance for fairness as well an insurance for the expectations of a suitor.
The principles of fairness has a centrality in legal proceedings. The duty of the judge to so interpret the provisions of law as to avoid defeating the main purpose behind law is very onerous and has to be discharged in a crafty way .This is the part of risk management skill.
With the change in the pace of life, speed has become important.The emphasis is slowly shifting to the need of promptness. The risks to this switch over of emphasis are yet to be examined.
The other branches of knowledge too are now waking up to increase in pace in life.
With the change in the pace of life, speed has become important.The emphasis is slowly shifting to the need of promptness. The risks to this switch over of emphasis are yet to be examined.
The other branches of knowledge too are now waking up to increase in pace in life.
Judiciary is the one department that has undergone very little expansion. if the docket explosion is taken into consideration.
A judge cannot complain. The risk of overburdening the court with work is real and affects its efficiency. It has to be admitted that to-day there is more work than a judge can manage in each court.
Posting of work by court may often be done only keeping in view the courts diary on each particular day. So many others, parties,witnesses, lawyers etc have to make it convenient for themselves to be there on that day. The risk of overlapping of lawyer's work in more courts than one is real.
A judge cannot complain. The risk of overburdening the court with work is real and affects its efficiency. It has to be admitted that to-day there is more work than a judge can manage in each court.
Posting of work by court may often be done only keeping in view the courts diary on each particular day. So many others, parties,witnesses, lawyers etc have to make it convenient for themselves to be there on that day. The risk of overlapping of lawyer's work in more courts than one is real.
Saturday, 22 June 2013
जी करता है ,कभी तो कोई कहे- जज नहीं होते तो क्या होता।
सुनता हूँ, पुलिस समय पर नहीं आई होती तो बड़ा हादसा हो जाता।
वे शिकायत करते हैं पुलिस समय पर क्यों नहीं पहुँची ।
काश, जज और न्यायालय से भी इतनी तो उम्मीद करते लोग।
सोच कर बताईये, क्या न्यायालय से इतनी उम्मीदें बची है कि स्वाभाविक रूप से लोग जज से, न्यायालय से उम्मीद बाँधे स्वेच्छा से आगे आते हैं।
सुनता हूँ, पुलिस समय पर नहीं आई होती तो बड़ा हादसा हो जाता।
वे शिकायत करते हैं पुलिस समय पर क्यों नहीं पहुँची ।
काश, जज और न्यायालय से भी इतनी तो उम्मीद करते लोग।
सोच कर बताईये, क्या न्यायालय से इतनी उम्मीदें बची है कि स्वाभाविक रूप से लोग जज से, न्यायालय से उम्मीद बाँधे स्वेच्छा से आगे आते हैं।
I wish a judge could be missed and felt by the society as much as a rescuer, diver, fireman, an army men, a doctor, an inventor, a thinker, a statesman, an experimentalist, a security guard, a chemical analyser and so on
The phenomenal growth in various fields of knowledge, technology and instruments of execution of knowledge ( such as communication, storage, retrieval, processing, classification gradation, prioritisation, marshalling, election, selection,shifting , grouping and other areas )are continuously exerting enormous pressure on our system because the expectations have grown faster. This growth itself is creating newer challenges and risk factors are emerging in further more ways.
We have to oversee how we deal and manage these risks. We have to see how we respond to these risk factors.
These risks have to be identified and categorised.
We have to oversee how we deal and manage these risks. We have to see how we respond to these risk factors.
These risks have to be identified and categorised.
Friday, 21 June 2013
Disaster management- Legal Face be added
What has to be done by you and me is to spread the message that relief measures during such calamities must include legal measures and Legal service Mechanism should be made a part of Disaster Management . This will raise the esteem of Judiciary in the eyes of general public , especially the grass root people.
The grass root Judiciary will have another face to be presented before general public and in this way the image of grass root Judiciary can be strengthened-
But then additional hands and resources must be provided and a Disaster Management Wing in the Judiciary capable and willing to help the general public has to be raised under the authority of suitable law.
During such period Local Bar and its members may be authorised under suitable legal provisions for making civil investigations, recommending declaratory decrees /certificates / compensation awards to be confirmed by regular court after verifying and checking the documents and hearing summarily such parties as the court deems fit and proper and which can be summarily annulled if fraud is detected and for such role of the bar certain sum can be allocated at the disposable of Bar to be used for the purpose. More can be conceived as a role for legal and judicial fraternity in such urgencies.
The Judicial officers should be trained in a way that they can respond suitably as Legal Volunteers in such situation. Law school curriculum should have special focus on mass legal services in extra ordinary situation
The grass root Judiciary will have another face to be presented before general public and in this way the image of grass root Judiciary can be strengthened-
But then additional hands and resources must be provided and a Disaster Management Wing in the Judiciary capable and willing to help the general public has to be raised under the authority of suitable law.
During such period Local Bar and its members may be authorised under suitable legal provisions for making civil investigations, recommending declaratory decrees /certificates / compensation awards to be confirmed by regular court after verifying and checking the documents and hearing summarily such parties as the court deems fit and proper and which can be summarily annulled if fraud is detected and for such role of the bar certain sum can be allocated at the disposable of Bar to be used for the purpose. More can be conceived as a role for legal and judicial fraternity in such urgencies.
The Judicial officers should be trained in a way that they can respond suitably as Legal Volunteers in such situation. Law school curriculum should have special focus on mass legal services in extra ordinary situation
Justice
is often user specific product delivered by the society to competing
users, manufactured with the aid of rigid and rough-tough tools like law which is
often in the hands of court functionaries who may not be fair all the
time ; these functionaries may not have supportive infrastructure which may not be prompt and adequate
all the time; directed and perhaps controlled by a Judge who may have
his own limitations. The product is often polished and packed in
packing to be called equity, equality and fair practices.
Ideal concept of Justice in strict legal term is often debated as not advisable and in academic terms or institutional or philosophical terms not possible.
Whether we have our our national balance sheet verified, checked, rechecked. Whether we have cross checked our assets inventory and whether we have any real verifiable details of our national investment, actally made, really available?
Whether we have ever evaluated what is the current worth of our social sector infrastructure?. Wat is the productivity of our social sector investment. What is the costing and return derived from our investment in administrative infrastructure. Whether we have enough transparent parameters to check the efficiency of our various resources. What is the average life of our investment in different sectors. ow have we dealt with our human resources so far. What are our projections 50 years from today.
Whether we have ever evaluated what is the current worth of our social sector infrastructure?. Wat is the productivity of our social sector investment. What is the costing and return derived from our investment in administrative infrastructure. Whether we have enough transparent parameters to check the efficiency of our various resources. What is the average life of our investment in different sectors. ow have we dealt with our human resources so far. What are our projections 50 years from today.
Grass root judicial institutions - risk perception
The society with self esteem and satisfaction in a system based on law must respond to the dominant demand of the system itself and that is restoring the effectiveness of the system, influence of the system across the entire spectrum of society.
It is absurd to suggest that if the apex court is effective entire system is effective. Merely projecting the Apex court and reassuring its majesty and glorifying the apex adjudication is never sufficient.
If we as a law ruled society we want to go by law, the values underlying the system of law, rule of law must be carried to the entire nation without further delay and the nation must be informed of that with greatest exactitude. This can be done only by declaring the courts of first instance really effective as these grass root courts are the only foundation of our system. The grass root institutions cannot be allowed to be disintegrated or looked down upon in any way. The grass root institutions must be motivated to play this pivotal role.
In India, where is the motivation for these grass root courts to play such a role?
Their own self image as being an uncared for institution rather as unwanted institution is uninspiring. Such an image puts the rule of law in peril. That is the apparent serious risk our society faces to-day.
This was not the result that was anticipated when the separation of powers was stipulated for in our Constitution of India.
Today the courts closet to the people are the most neglected ones, the institution nearest and catering to the people is feeling marginalised.
It is a risk around our grass root courts as an institution and must be firmly managed. It must be addressed urgently with vision and courage without fear or favour to all.
If this is not done immediately, the courts at higher level are not safe nor immune in any way from the same risk. After all they are also the part of the same system .
Wednesday, 19 June 2013
An urgent call for every legal services activist
Legal
Services Authority infrastructure raised in this country during last
two decades has an opportunity to prove its relevance at this moment in
reference with Uttarakhand tragedy
- Those affected are not organised
They come from all parts of India
Locals are left with even no evidence about themselves what to say of means.
Local official data,records are destroyed.
Dead are dead but there is n...o evidence of their death.
No body is there to certify a death,
Locals must have lost all documents of their place, property and life. They must have lost documents of their insurance agreements, deposits in bank. Tourists under agreement with tour operators have certain accident insurance covers. Motor vehicles , all have insurance covers for the vehicles and third party risk. Some bank or post office deposit accounts carry attached insurance claims.
Those travelling and having suffered losses during use of vehicle have a right to get compensated .
Several drivers, workers etc have a right under various Compensation Act.
Reconstruction of documents,
getting death certified,
getting relationship certified,
locating different enforceable insurance contracts,
getting them settled,
restore the properties left to the rightful owner,
bank deposits be restored to the rightful owner,
how to get rid of succession certificate problem,
govt records to be restored,
getting status of a victim certified,
Rights o those who paid well for their stay in hotels,
rights of those who hired tour operator services,
rights of those who hired or were using the motor vehicles, rights of the locals under different govt. schemes
a lot more for every legal services activist
- Those affected are not organised
They come from all parts of India
Locals are left with even no evidence about themselves what to say of means.
Local official data,records are destroyed.
Dead are dead but there is n...o evidence of their death.
No body is there to certify a death,
Locals must have lost all documents of their place, property and life. They must have lost documents of their insurance agreements, deposits in bank. Tourists under agreement with tour operators have certain accident insurance covers. Motor vehicles , all have insurance covers for the vehicles and third party risk. Some bank or post office deposit accounts carry attached insurance claims.
Those travelling and having suffered losses during use of vehicle have a right to get compensated .
Several drivers, workers etc have a right under various Compensation Act.
Reconstruction of documents,
getting death certified,
getting relationship certified,
locating different enforceable insurance contracts,
getting them settled,
restore the properties left to the rightful owner,
bank deposits be restored to the rightful owner,
how to get rid of succession certificate problem,
govt records to be restored,
getting status of a victim certified,
Rights o those who paid well for their stay in hotels,
rights of those who hired tour operator services,
rights of those who hired or were using the motor vehicles, rights of the locals under different govt. schemes
a lot more for every legal services activist
We the people have been forced to be status-quoist- WHY
Do we fear something so dreadfully that we the people have been forced to be status-quoist- socially, scientifically, developmentally, economically, technologically, psychologically, politically, legally, and so on ? Why we prefer to hibernate, creep, kneel, surrender,beg, pray, wait, see,copy, follow, avoid,desist,control, hesitate and that too always and in all circumstances ?
Why do not we face, fight, advance, leap, gallop, snatch, take, grab, rough, rub,force, enforce, penetrate, trounce, win, defeat, conquer, conceive, create, imagine forcefully, openly challengingly .
Why we fear destructions , failures, attacks, losing?
Can't we construct, reconstruct, succeed ,win and that again and again?.
Whether only chance, fate-line, God-willing, fluke, co-incidence, the grace of heaven are left to be our daily routine chorus or dictionary words?.
Why we are keeping repeating that we are sinners, capable of nothing, mean, inefficient, impure, idiot, beggar, destitute, devoid of any virtue, just condemned, fit to be parked in hell?
Why do not we take insult of ourness seriously?.
Why do not we face, fight, advance, leap, gallop, snatch, take, grab, rough, rub,force, enforce, penetrate, trounce, win, defeat, conquer, conceive, create, imagine forcefully, openly challengingly .
Why we fear destructions , failures, attacks, losing?
Can't we construct, reconstruct, succeed ,win and that again and again?.
Whether only chance, fate-line, God-willing, fluke, co-incidence, the grace of heaven are left to be our daily routine chorus or dictionary words?.
Why we are keeping repeating that we are sinners, capable of nothing, mean, inefficient, impure, idiot, beggar, destitute, devoid of any virtue, just condemned, fit to be parked in hell?
Why do not we take insult of ourness seriously?.
When you are discussing on a legal proposition, have head heavier then heart or hand. If you have to go by your heart perhaps you need no law.
Similarly if you rely on your muscle power , in that situation law will be meaningless.
Law is relevant only when it has to be relied, used, applied, enforced and when we go beyond that due to our heart or hand or sometimes due to head, our heart or hand or head may to directed to respond to law until the law itself is revisited.
Law has travelled ages, been tested on more sensitive, risky anvils throughout its journey up till now. Do not play with law when in heat or passion or instinct. Treat law coolly, It has further generations to serve. All concerned to please monitor.
Law is the way ahead acquiesced, accepted created and bound to itself by the society through specific recognisable institutions that shape, enforce and explain the law as and when occasion occur.
It is not revisited by the society on daily basis but society being the creator and master of law as well the destination of law revisit the law to scrap or replace law or legal thought or legal philosophy generally after evaluating the utility value of law.
Law is the recognition of the utility value of certain ways of conduct of either the individual or group or institution.
After all it has to serve the future generation by guiding the present generation as per accepted utility-oriented norms and it can serve only if we bind ourselves voluntarily to it or allow ourselves to be bound down to law.
Similarly if you rely on your muscle power , in that situation law will be meaningless.
Law is relevant only when it has to be relied, used, applied, enforced and when we go beyond that due to our heart or hand or sometimes due to head, our heart or hand or head may to directed to respond to law until the law itself is revisited.
Law has travelled ages, been tested on more sensitive, risky anvils throughout its journey up till now. Do not play with law when in heat or passion or instinct. Treat law coolly, It has further generations to serve. All concerned to please monitor.
Law is the way ahead acquiesced, accepted created and bound to itself by the society through specific recognisable institutions that shape, enforce and explain the law as and when occasion occur.
It is not revisited by the society on daily basis but society being the creator and master of law as well the destination of law revisit the law to scrap or replace law or legal thought or legal philosophy generally after evaluating the utility value of law.
Law is the recognition of the utility value of certain ways of conduct of either the individual or group or institution.
After all it has to serve the future generation by guiding the present generation as per accepted utility-oriented norms and it can serve only if we bind ourselves voluntarily to it or allow ourselves to be bound down to law.
Tuesday, 18 June 2013
Why cannot we empower the District Judiciary in terms of article 32 (3) of our Indian constitution? If this is done the common man can have a real remedy within his reach with certainty and effectiveness and that too at affordable service charges and such a move would decentralise the unbearable load on our apex cour.
Are we afraid of handful of powerful-Supreme-court- bar-lobbyist and are ignoring this constitutional provision intentionally or under pressure or fear or distrust or we do not want to empower the common man or we are really never concerned about common-man's fundamental rights?.
This move will make Legal Services Institution more meaningful, remedial, effective and draw energetic lawyers and legal service activists or legal or para-legal -volunteers to-wards the stream.
Are we afraid of handful of powerful-Supreme-court- bar-lobbyist and are ignoring this constitutional provision intentionally or under pressure or fear or distrust or we do not want to empower the common man or we are really never concerned about common-man's fundamental rights?.
This move will make Legal Services Institution more meaningful, remedial, effective and draw energetic lawyers and legal service activists or legal or para-legal -volunteers to-wards the stream.
Friday, 14 June 2013
There are thousands of untold stories and unexplained experiments but whatever is told or explained is either edited,mended or tailored either intentionally or unknowingly, something either added, super-added or guised, concealed, grafted, or a nice piece of patch-work, such matters in public domain are either exaggerated, or individual perception or mere view, most of the time exculpatory of self-redeeming in the name of a celebrity - perhaps only nicely crafted- away from purity of content or intention
Life alone is supreme and it must be treated with primacy, its own supremacy, Nothing should be done to take away the primacy of life.
Having secured the life, next to be secured is the dignity, worth, value of life. Even nature secures life through life.
Life is the only GOD, ALMIGHTY,ISHWAR. Any contempt for life on any count is contemptuous to God.
A life without due dignity is life belied, disowned.
Though life itself is made up of instincts in different proportionate combinations still life itself cannot be controlled or dominated or dictated by uncontrolled instincts because life is made up of proportionate instincts and disproportionate instincts are anti -life components. Uncontrolled instincts, unguided instincts are life poachers where as even intense instincts have been guided for a further life cycle
. Life creates lie and should always do so . Life cannot be permitted to take life either for love, war , order or Law.
Not even love, nor my belief should be permitted to cause disappearance of or extinction of life.
Lovers must live at all cost. Dying for love or death in love must be hated.
AND THOSE KINGS, calling upon deaths for Kingdom , or for Kinghood, dealing in deaths- less said the better.
Every time Kings are not born that way. Love for life is GOD.
Having secured the life, next to be secured is the dignity, worth, value of life. Even nature secures life through life.
Life is the only GOD, ALMIGHTY,ISHWAR. Any contempt for life on any count is contemptuous to God.
A life without due dignity is life belied, disowned.
Though life itself is made up of instincts in different proportionate combinations still life itself cannot be controlled or dominated or dictated by uncontrolled instincts because life is made up of proportionate instincts and disproportionate instincts are anti -life components. Uncontrolled instincts, unguided instincts are life poachers where as even intense instincts have been guided for a further life cycle
. Life creates lie and should always do so . Life cannot be permitted to take life either for love, war , order or Law.
Not even love, nor my belief should be permitted to cause disappearance of or extinction of life.
Lovers must live at all cost. Dying for love or death in love must be hated.
AND THOSE KINGS, calling upon deaths for Kingdom , or for Kinghood, dealing in deaths- less said the better.
Every time Kings are not born that way. Love for life is GOD.
वर्जित वृत्तियाँ, निश्चित रूप से पूर्णतः वर्जित नहीं प्रतीत होती, मात्रा निर्धारण अत्यन्त कठिन है,अनुचित मात्रा सर्वनाश कर सकती है अतः इन कथित रूप से वर्जित वृत्तियों की सम्यक -समुचित, आनुपातिक मात्रा का ज्ञान ही शिक्षा है, अनुसंधान है, विवेचना और विश्लेषण है।
यही कर्म सुकौशल है, समुचित अनुपात का ज्ञान ही विवेक है।
यही कर्म सुकौशल है, समुचित अनुपात का ज्ञान ही विवेक है।
Do not compartmentalise the IP intellectuals as IP BIGGIES and IP PIGGIES.
Do not compartmentalise the IP intellectuals as IP BIGGIES and IP PIGGIES.
The law governing Intellectual Property world wide is not only inadequate rather does not recognise Intellectual Property per se but only emphasises research undertaken by MNC. It wilfully overlook individual tiny intellectual property or micro-intellectual property so that the real owners of these ideal-true IP may surrender their worth to IP Biggies .
The IP law today compartmentalise the IP intellectuals as IP BIGGIES and IP PIGGIES.
Most of the time IP PIGGIES do not know the worth of their wisdom, creation and utility and innovation or novelty that they create or do possess, due to their geographical or social or financial or cultural disadvantages. They have not been even made conscious that their novelty itself carries additional commercial, economic, legal value.
The IP concept has not been carried to the grass root IP breeding-places. I think, it is grossly incorrect that IP can be possessed only by educated or by wealthy or by corporate houses or by MNC.
The law governing Intellectual Property world wide is not only inadequate rather does not recognise Intellectual Property per se but only emphasises research undertaken by MNC. It wilfully overlook individual tiny intellectual property or micro-intellectual property so that the real owners of these ideal-true IP may surrender their worth to IP Biggies .
The IP law today compartmentalise the IP intellectuals as IP BIGGIES and IP PIGGIES.
Most of the time IP PIGGIES do not know the worth of their wisdom, creation and utility and innovation or novelty that they create or do possess, due to their geographical or social or financial or cultural disadvantages. They have not been even made conscious that their novelty itself carries additional commercial, economic, legal value.
The IP concept has not been carried to the grass root IP breeding-places. I think, it is grossly incorrect that IP can be possessed only by educated or by wealthy or by corporate houses or by MNC.
Thursday, 13 June 2013
समारोह की अध्यक्षता कर रहे जिला एवं सत्र न्यायाधीश आरके रतेरिया ने कहा
कि मानवीय गरिमा की यात्रा है मानवाधिकार. यह लोगों का हक है.
- बच्चे स्वयं अपने आप में सीवी रमण एवं होमी जहांगीर भाभा को
खोजे और अपने राष्ट्र को विज्ञान के क्षेत्र में आगे ले चले.
उक्त बातें बच्चों से सीधे संवाद कर जिला एवं सत्र न्यायाधीश
आरके रतेरिया ने कार्यक्रम के उदघाटन के बाद कही.
Wednesday, 12 June 2013
Today young generation is keenly willing to “lean in” – which means thrusting yourself forward to grab opportunities and not be a shrinking lily- own my deeds, am responsible for the outcome, and will do my best with the opportunity. This is this GENERATION.
Why do we ( the timid older generation ) hold ourselves back despite obvious achievements or tend to cling even without any thing left or achieved.
Why do we feel guilty about claiming credit. or admitting that I failed. Why do we think of ourselves as frauds for doing so.
But the description works well for old India – which holds itself back and is afraid to acknowledge success.
Why do we neither claim credits for our deeds and achievement nor acknowledge or give credit to others for their achievement.
The new generation is different and claims credit and due credit is denied the new generation fights for the same tooth and nail. Great fighting new generation- keep it up even if I oppose and criticize
Why do we ( the timid older generation ) hold ourselves back despite obvious achievements or tend to cling even without any thing left or achieved.
Why do we feel guilty about claiming credit. or admitting that I failed. Why do we think of ourselves as frauds for doing so.
But the description works well for old India – which holds itself back and is afraid to acknowledge success.
Why do we neither claim credits for our deeds and achievement nor acknowledge or give credit to others for their achievement.
The new generation is different and claims credit and due credit is denied the new generation fights for the same tooth and nail. Great fighting new generation- keep it up even if I oppose and criticize
धन जिसके पास है, उसे भय तथा जिसके पास नहीं हे उसे इर्ष्या देता है, धन लोभ की आवृत्ति तीब्र करता हे, सुरक्षा में भी संशय पैदा करता है। धन उत्तराधिकार में दिया जा सकता है पर इसके साथ साथ भय,इर्ष्या , संशय भी ट्रानसफर हो जाते हैं।
धन की उत्पत्ति का श्रोत अनैतिक,अनुचित भी हुआ करता है।
यश के साथ ये दुविधाएँ नहीं है।
धर्म के साथ तो एकदम नहीं।
यश या धर्म सत्कर्म-साध्य है।
धन की उत्पत्ति का श्रोत अनैतिक,अनुचित भी हुआ करता है।
यश के साथ ये दुविधाएँ नहीं है।
धर्म के साथ तो एकदम नहीं।
यश या धर्म सत्कर्म-साध्य है।
Monday, 10 June 2013
We , the so called elders,are afraid of success, or about claiming credit for it. We , the so called wiser,would like to pretend modesty, and let others extol our virtues, which we can then bashfully deny and emphasise our humility.
We are pretentiously humble.
This is typically the traditional duplicity of our traditional and usually older society.
I myself pretend to be modest though within m...y inner head, heart and soul I believe that I am directly connected to Almighty and only my blessings can bear fruits for my Family, Shop, Company, Society and Country.
We the older generation Indians are paranoid about claiming success for several reasons.
We worry about the evil eye (नजर लग जायेगी, बुरी नजर वाले तेरा मुँह काला). We worry about what people will think of us ( लोग बात बनाते हैं, क्या बोलेंगें, ) . We are wary about receiving compliments( सम्मान प्राप्त करने से डरते हें- अपने ही सम्मान को स्वयं नहीं स्वीकारते,सदैव स्वयं को अधम, पापी अनाथ समझते है) and the traditional way of dealing with praise is to demur and say (यह सब तो बस भगवान की कृपा है)or even better, turn it back on the person giving the compliments with Ye aap ki meherbani hai.
Sheer Hypocrisy?
The young have a sense of entitlement and impatience about getting things done.
The younger educated, more assertive more exposed generation claims credit assertively.
He takes responsibility and wants the credit.
Younger generation is not Hypocrite or shy. You cannot make him believe a piece of paper drawn by a trained parrot/ pigeon owned by a cunning road side Baba .
You cannot make him to start his every morning claiming that he is sinner, unable to do anything and only miracles are the possibilities in this world through him.
कम से कम मै नई पीढ़ी को यह नहीं सीखने दूंगा- मैं अनाथ हूँ, अधम हूँ, पापी हूँ, मेरे किये कूछ नही होगा।
मैं नहीं संमझने दूँगा- सब कुछ विधि हाथ।
मैं नही उन्हें बोलने दूँगा- सबके दाता राम।
और वे बोलते भी नहीं हैं- पर अभी भी
हमारी पीढ़ी उनहें केवल यही क्यों सिखाने पर तुली है।
We are pretentiously humble.
This is typically the traditional duplicity of our traditional and usually older society.
I myself pretend to be modest though within m...y inner head, heart and soul I believe that I am directly connected to Almighty and only my blessings can bear fruits for my Family, Shop, Company, Society and Country.
We the older generation Indians are paranoid about claiming success for several reasons.
We worry about the evil eye (नजर लग जायेगी, बुरी नजर वाले तेरा मुँह काला). We worry about what people will think of us ( लोग बात बनाते हैं, क्या बोलेंगें, ) . We are wary about receiving compliments( सम्मान प्राप्त करने से डरते हें- अपने ही सम्मान को स्वयं नहीं स्वीकारते,सदैव स्वयं को अधम, पापी अनाथ समझते है) and the traditional way of dealing with praise is to demur and say (यह सब तो बस भगवान की कृपा है)or even better, turn it back on the person giving the compliments with Ye aap ki meherbani hai.
Sheer Hypocrisy?
The young have a sense of entitlement and impatience about getting things done.
The younger educated, more assertive more exposed generation claims credit assertively.
He takes responsibility and wants the credit.
Younger generation is not Hypocrite or shy. You cannot make him believe a piece of paper drawn by a trained parrot/ pigeon owned by a cunning road side Baba .
You cannot make him to start his every morning claiming that he is sinner, unable to do anything and only miracles are the possibilities in this world through him.
कम से कम मै नई पीढ़ी को यह नहीं सीखने दूंगा- मैं अनाथ हूँ, अधम हूँ, पापी हूँ, मेरे किये कूछ नही होगा।
मैं नहीं संमझने दूँगा- सब कुछ विधि हाथ।
मैं नही उन्हें बोलने दूँगा- सबके दाता राम।
और वे बोलते भी नहीं हैं- पर अभी भी
हमारी पीढ़ी उनहें केवल यही क्यों सिखाने पर तुली है।
We , the so called elders,are afraid of success, or about claiming credit for it. We , the so called wiser,would like to pretend modesty, and let others extol our virtues, which we can then bashfully deny and emphasise our humility.
We are pretentiously humble.
This is typically the traditional duplicity of our traditional and usually older society.
I myself pretend to be modest though within my inner head, heart and soul I believe that I am directly connected to Almighty and only my blessings can bear fruits for my Family, Shop, Company, Society and Country.
We the older generation Indians are paranoid about claiming success for several reasons.
We worry about the evil eye (नजर लग जायेगी, बुरी नजर वाले तेरा मुँह काला). We worry about what people will think of us ( लोग बात बनाते हैं, क्या बोलेंगें, ) . We are wary about receiving compliments( सम्मान प्राप्त करने से डरते हें- अपने ही सम्मान को स्वयं नहीं स्वीकारते,सदैव स्वयं को अधम, पापी अनाथ समझते है) and the traditional way of dealing with praise is to demur and say (यह सब तो बस भगवान की कृपा है)or even better, turn it back on the person giving the compliments with Ye aap ki meherbani hai.
Sheer Hypocrisy?
The young have a sense of entitlement and impatience about getting things done.
The younger educated, more assertive more exposed generation claims credit assertively.
He takes responsibility and wants the credit.
Younger generation is not Hypocrite or shy. You cannot make him believe a piece of paper drawn by a trained parrot/ pigeon owned by a cunning road side Baba .
You cannot make him to start his every morning claiming that he is sinner, unable to do anything and only miracles are the possibilities in this world through him.
कम से कम मै नई पीढ़ी को यह नहीं सीखने दूंगा- मैं अनाथ हूँ, अधम हूँ, पापी हूँ, मेरे किये कूछ नही होगा।
मैं नहीं संमझने दूँगा- सब कुछ विधि हाथ।
मैं नही उन्हें बोलने दूँगा- सबके दाता राम।
और वे बोलते भी नहीं हैं- पर अभी भी
हमारी पीढ़ी उनहें केवल यही क्यों सिखाने पर तुली है।
We are pretentiously humble.
This is typically the traditional duplicity of our traditional and usually older society.
I myself pretend to be modest though within my inner head, heart and soul I believe that I am directly connected to Almighty and only my blessings can bear fruits for my Family, Shop, Company, Society and Country.
We the older generation Indians are paranoid about claiming success for several reasons.
We worry about the evil eye (नजर लग जायेगी, बुरी नजर वाले तेरा मुँह काला). We worry about what people will think of us ( लोग बात बनाते हैं, क्या बोलेंगें, ) . We are wary about receiving compliments( सम्मान प्राप्त करने से डरते हें- अपने ही सम्मान को स्वयं नहीं स्वीकारते,सदैव स्वयं को अधम, पापी अनाथ समझते है) and the traditional way of dealing with praise is to demur and say (यह सब तो बस भगवान की कृपा है)or even better, turn it back on the person giving the compliments with Ye aap ki meherbani hai.
Sheer Hypocrisy?
The young have a sense of entitlement and impatience about getting things done.
The younger educated, more assertive more exposed generation claims credit assertively.
He takes responsibility and wants the credit.
Younger generation is not Hypocrite or shy. You cannot make him believe a piece of paper drawn by a trained parrot/ pigeon owned by a cunning road side Baba .
You cannot make him to start his every morning claiming that he is sinner, unable to do anything and only miracles are the possibilities in this world through him.
कम से कम मै नई पीढ़ी को यह नहीं सीखने दूंगा- मैं अनाथ हूँ, अधम हूँ, पापी हूँ, मेरे किये कूछ नही होगा।
मैं नहीं संमझने दूँगा- सब कुछ विधि हाथ।
मैं नही उन्हें बोलने दूँगा- सबके दाता राम।
और वे बोलते भी नहीं हैं- पर अभी भी
हमारी पीढ़ी उनहें केवल यही क्यों सिखाने पर तुली है।
सबसे कठिन काम है नये का स्वागत करना, नये को स्वीकार करना ।
नये को स्वीकारने के साथ ही एक और काम हम-आप-सब को करना पड़ता है-- यह स्वीकारना पड़ता है कि था कुछ जो पुराना पड़ चूका है, उसे या यदि मैं स्वयं ही पुराना पड़ चुका हूँ तो मुझे नये के लिये जाने ही पड़गा।
यह स्वीकार करना , नये को स्वीकारने से अधिक कठिन है।
अपने कथित अनुभव, पुरानेपन, (यह बासीपन भी है), त्याग (य़ह आत्म-श्लाघा ही है) का कब तक ढ़िढ़ौंरा पीटते रहोगे।
पुराना तो जायेगा ही, गाजे बाजे के साथ जाये या धकिया दिया जाये।
मैं भी जाउँगा, क्या आप आमर होकर सदा रहेंगें क्या।
नये को स्वीकारने के साथ ही एक और काम हम-आप-सब को करना पड़ता है-- यह स्वीकारना पड़ता है कि था कुछ जो पुराना पड़ चूका है, उसे या यदि मैं स्वयं ही पुराना पड़ चुका हूँ तो मुझे नये के लिये जाने ही पड़गा।
यह स्वीकार करना , नये को स्वीकारने से अधिक कठिन है।
अपने कथित अनुभव, पुरानेपन, (यह बासीपन भी है), त्याग (य़ह आत्म-श्लाघा ही है) का कब तक ढ़िढ़ौंरा पीटते रहोगे।
पुराना तो जायेगा ही, गाजे बाजे के साथ जाये या धकिया दिया जाये।
मैं भी जाउँगा, क्या आप आमर होकर सदा रहेंगें क्या।
Friday, 7 June 2013
Thursday, 6 June 2013
विभीषण पर बड़ा उपकार तो उसके बड़े भाई लंकेश ने किया, लंकेश द्वारा दीखाये अपमान के रास्ते ही विभीषण पाप-लंका से निकल सका, उसी संताप ने विभीषण के हृदय में लंका के प्रति विरक्ति तथा वराम के प्रति नव-प्रेम तीब्र किया जिसके फलस्वरूप हनुमान स्वयं विभीषण तक पहुँचे , राम ने विभीषण को संगति दी,अमरत्व प्रदान किया,। लंकेश , तुमने विभीषण पर बड़ी कृपा की।
DDD
The
mammoth growth and development in technology and all other areas of
human activities, has forced and accelerated speed in delivery of
services a central place in every field of human activity and in all
sectors of production and services.
Howsoever important Justice may be,speed thereof has become most important.
This is the impact of science and technology on a subject ("JUSTICE") that is no where near science,
Howsoever important Justice may be,speed thereof has become most important.
This is the impact of science and technology on a subject ("JUSTICE") that is no where near science,
Judges cannot afford to be popular.
They are not supposed to be king's voice or command but are supposed to be voice of conscience, goodwill and fair-play.
Judges must not crave for publicity and must resist all sort of temptation, even at the cost of criticism.
Justice is the dominant value in Judicial thinking.
A judge has to find some space in his thinking for other values also.
They are not supposed to be king's voice or command but are supposed to be voice of conscience, goodwill and fair-play.
Judges must not crave for publicity and must resist all sort of temptation, even at the cost of criticism.
Justice is the dominant value in Judicial thinking.
A judge has to find some space in his thinking for other values also.
I have my worldly duties to be discharged and I will discharge them like an ordinary man with modest means but I will live like an extra-ordinary man and leave like an extra ordinary man.
You all can take my worldly worth but the worth that I have been gifted by or bestowed with shall be with me for ever- His blessings, Righteousness,fearlessness.
I am proud of being possessed of teacher like qualities.
I would love to be called teacher-strict teacher.
I have a lot to learn before I leave.
You all can take my worldly worth but the worth that I have been gifted by or bestowed with shall be with me for ever- His blessings, Righteousness,fearlessness.
I am proud of being possessed of teacher like qualities.
I would love to be called teacher-strict teacher.
I have a lot to learn before I leave.
If you are not ready to be greedy, you are going to be kicked out of main stream society where greed is exchanged on mutually agreed terms, not on proportionate consideration but on whims, emotions, urgency, resist-ability, elasticity, intelligence, cunning-presentation, and even under duress, coercion misrepresentation and undue-influence. Fraud,fabrication, suppression are acceptable social norms. People have been telling me for the last forty years that there is nothing like corruption- an issue before the society.
I have been denying and perhaps shall keep denying this proposition.
I shall fight my own greed tooth and nail, even if i am alone.Better to be poor then being corrupt and greedy. My greed shall be watered by only those whose greed will be served by me. I will have to be a part of GREED_LOBBY.
I want toresist, be contended.
At the end of my life , I will not make a will how my greed has to be disposed of. I will not whisper about my hidden greed, nor look around for the person with whom I can share my last moment of anxiety. Let peace come to me peacefully.
I am not going to sell my own-self. I pray only MAULA and never SIRAJUDDAULLA. Come what may, I am not saleable. I resist every price tag.
I love and love to be loved but for me love has no price and my love is not available in the market. If you love me I am ready to be loved but no questions asked, no price offered nor expected. My love is love simple-no lewdness, no lust and love only ;not even purity.
My love is a perpetual stamp of love, not erasable. I am always re-writeable but nothing can be deleted, erased. I shall not recover or retrieve or reconstruct , any thing gone but I shall not erase them. Those are my Stamped moments of learning . Let me enjoy those which everyone else is asking to be forgotten, forgiven. I shall always be with my past, present -- let future be governed by His will,
I have been denying and perhaps shall keep denying this proposition.
I shall fight my own greed tooth and nail, even if i am alone.Better to be poor then being corrupt and greedy. My greed shall be watered by only those whose greed will be served by me. I will have to be a part of GREED_LOBBY.
I want toresist, be contended.
At the end of my life , I will not make a will how my greed has to be disposed of. I will not whisper about my hidden greed, nor look around for the person with whom I can share my last moment of anxiety. Let peace come to me peacefully.
I am not going to sell my own-self. I pray only MAULA and never SIRAJUDDAULLA. Come what may, I am not saleable. I resist every price tag.
I love and love to be loved but for me love has no price and my love is not available in the market. If you love me I am ready to be loved but no questions asked, no price offered nor expected. My love is love simple-no lewdness, no lust and love only ;not even purity.
My love is a perpetual stamp of love, not erasable. I am always re-writeable but nothing can be deleted, erased. I shall not recover or retrieve or reconstruct , any thing gone but I shall not erase them. Those are my Stamped moments of learning . Let me enjoy those which everyone else is asking to be forgotten, forgiven. I shall always be with my past, present -- let future be governed by His will,
BUT CAN WE DO WITHOUT LAW
'There can never be a really good law, but there can always be a good legal thought and there must be good legal philosophy .
Legal Thinking Process is legal philosophy.
The point or stage this process takes a definite shape , it is legal thought .
When expressed with intention to seek compliance and such an expression having the sanction of society at large , it is law.
Law is standard human conduct cut to size as per acceptable social/human behaviour which has been trimmed and shaped through a ascertainable source .
This source must enjoy general approval . Law may be a regulator, a catalyst, an achiever, a tool, a benchmark, a goal, an utter necessity, an experiment, a whim, a desire, an imagination, a target, an expedition, an ambition. Law may relate to the source , individual, institution, group, society and may have a time or geographical or demographical or any other frame. Some time a law without reference to this frame may appear redundant. Law is referable only to Mankind . Men conceive, create, evolve, accept, make or break law. Law is always a medium, a way, a path, never a destination. Law cannot be allowed to prevail without men and society.
Generally law helps the society in its standing right. At times and when occasion comes law salvages the society, helps re-construction but fanciful absurd source-serving laws are there in the society perhaps to be condemned by history.
Law has never been always good or Just.
BUT CAN WE DO WITHOUT LAW
Legal Thinking Process is legal philosophy.
The point or stage this process takes a definite shape , it is legal thought .
When expressed with intention to seek compliance and such an expression having the sanction of society at large , it is law.
Law is standard human conduct cut to size as per acceptable social/human behaviour which has been trimmed and shaped through a ascertainable source .
This source must enjoy general approval . Law may be a regulator, a catalyst, an achiever, a tool, a benchmark, a goal, an utter necessity, an experiment, a whim, a desire, an imagination, a target, an expedition, an ambition. Law may relate to the source , individual, institution, group, society and may have a time or geographical or demographical or any other frame. Some time a law without reference to this frame may appear redundant. Law is referable only to Mankind . Men conceive, create, evolve, accept, make or break law. Law is always a medium, a way, a path, never a destination. Law cannot be allowed to prevail without men and society.
Generally law helps the society in its standing right. At times and when occasion comes law salvages the society, helps re-construction but fanciful absurd source-serving laws are there in the society perhaps to be condemned by history.
Law has never been always good or Just.
BUT CAN WE DO WITHOUT LAW
Wednesday, 5 June 2013
Whether you know- a trial Judge in some of the developed countries devote more time and energy in their judgements in deciding and giving detailed reasoning and going through precedents before recording a particular sentence; something missing in Indian Trial Judges Judgements or even Appellate Judgements. |
Evaluate and put any number for yourself on any five counts you decide or choose for yourself. These numbers may be 1-100.
Now without detailing the numbers put by you for yourself on those five counts, just share the five parameters chosen or selected by you.
Request some of your near and dears who know you fairly well to put any number from 1 to 100 for your on those five counts. You can attemp...t with only five of such who know you fairly well. They may not be fairly educated or experts but they should know you fairly, if not really well.
Now you have your own five numbers selected by you for yourself and another 5x5 (25) numbers selected or given or offered by five such persons whom you believe that they know you well.
If you get at least 12/13 numbers in the list of your near and dears nearer( variation of 1/2) to your own five numbers selected by you , you must be happy that you have an average well inbuilt self-appraisal system, You can draw further inferences out of such exercises.
Now without detailing the numbers put by you for yourself on those five counts, just share the five parameters chosen or selected by you.
Request some of your near and dears who know you fairly well to put any number from 1 to 100 for your on those five counts. You can attemp...t with only five of such who know you fairly well. They may not be fairly educated or experts but they should know you fairly, if not really well.
Now you have your own five numbers selected by you for yourself and another 5x5 (25) numbers selected or given or offered by five such persons whom you believe that they know you well.
If you get at least 12/13 numbers in the list of your near and dears nearer( variation of 1/2) to your own five numbers selected by you , you must be happy that you have an average well inbuilt self-appraisal system, You can draw further inferences out of such exercises.
Tuesday, 4 June 2013
Law and Justice do not necessarily always co-relate nor part of the same coin. At times both are whimsical, too subjective , fanciful and perhaps bred in haste without calculating/ assessing the impact. Most of the times , both are short- sighted and self serving. Both have a tendency to become a tool for oppression or suppression. A co-extensive cordial, harmonious relationship between the two is a journey to be taken up by Justice Delivery System. Law has to be chiselled out in order to make it compatible with reality, goal, expectation of the society and manage the inter-se conflicts and competing interests.
Judicial wisdom whether the monopoly of ELITE-ENGLISH
Whether Supreme Court or the law Commission stands for "We the People" of India that is Bharat or for a handful of judges or Lawyers.
Whether higher communicability of laws, judgements of courts and their mass base deteriorates the value of Law, Legal Education, Legal/ Judicial Literature or enhances the worth. Whether English is still not away from 90% of we the Indians as a medium of communication completely and only less then three per cent of elite and influential Indians are easy with English? Why we are hesitant to shed our colonial mind-se.
Is there a conspiracy at some level ( easily understandable, visible and almost apparent)o exploit the 90% Bhartiya, confuse the rest 7% and make India A heaven, Paradise for elite 3%.
Whether higher communicability of laws, judgements of courts and their mass base deteriorates the value of Law, Legal Education, Legal/ Judicial Literature or enhances the worth. Whether English is still not away from 90% of we the Indians as a medium of communication completely and only less then three per cent of elite and influential Indians are easy with English? Why we are hesitant to shed our colonial mind-se.
Is there a conspiracy at some level ( easily understandable, visible and almost apparent)o exploit the 90% Bhartiya, confuse the rest 7% and make India A heaven, Paradise for elite 3%.
Monday, 3 June 2013
One of the rules of statutory
interpretation is to interpret the words of a statute in light of the
current facts and situations and not based on the facts/situations of
the past. In the Senior Electric Inspector v Lakshmi the court expounded - “In
a modern progressive society it would be unreasonable to confine the
intention of a Legislature- to the meaning attributable to the word used
at the time the law was made, and unless a contrary intention appeared,
an interpretation should be given to the words used to take in new
facts and situations, if the words are capable of comprehending them.”
Quoted
Quoted
Law of private defence of Property- IP law
Right of private defence of property and Intellectual property rights, Trademark Rights and Copyrights Rights---
Should the owner of such property rights wait till his right is materially infringed and his property is wilfully misused or such owner even under a real or well founded threat has to be only a poor spectator of malicious destruction or misuse or exploitation by stranger?
Whether a possible claim for damage takes away the rights of owner of intellectual property?
Should sec. 96 IPC be suitably amended so as to include even intellectual property beside movable or immovable property?.
How can I exercise my safe right to property in respect with E-Property?
Should sec 96 IPC and other secs of the right of private defence of IPC be suitably amended?.
Should the owner of such property rights wait till his right is materially infringed and his property is wilfully misused or such owner even under a real or well founded threat has to be only a poor spectator of malicious destruction or misuse or exploitation by stranger?
Whether a possible claim for damage takes away the rights of owner of intellectual property?
Should sec. 96 IPC be suitably amended so as to include even intellectual property beside movable or immovable property?.
How can I exercise my safe right to property in respect with E-Property?
Should sec 96 IPC and other secs of the right of private defence of IPC be suitably amended?.
मित्र बनना, बनाना, बन जाना, बना लेना, मित्र बनना स्वीकार कर लेना या मित्रता का प्रस्ताव करना या प्रस्ताव को स्वीकार या कि अस्वीकार करना, ये सब जब तक बच्चों के खेल रहते हैं तब तक तो अच्छा है- पर एक समय आता है जब यह सब बच्चों का खेल नहीं रह जाता--- झट मेलिस और फिर झट कट्टिस---- यह अब नहीं हो सकता----वह दौर खत्म -कृष्ण ने तो यह खेल खेला ही नहीं
Legal, Judicial fraternity!
Please, do share your vision or projections about
1) Indian Constitutional Scenario 2050,
2) Indian Judicial scenario 2050,
3) Indian legal Scenario 2050,
4)Indian Legal Literacy scenario 2050,
5)Indian Legal Awareness scenario 2050,
6) Indian Legal Compliance Scenario 2050,
7)Indian Legal System -Compatibility With International Legal scenario 2050, Indian Legal... Professional scenario 2050,
9)Indian Legal Literature scenario 2050,
10)Indian Legal/Judicial Infrastructure scenario 2050
11)Indian Legal/Judicial technological Infrastructure scenario 2050
12) Over all view- Indian Justice Delivery System 2050
a) Public perception, expectation and reality
b)Judges' perception, expectation and reality
c)Professionals' perception, expectation and reality
d)State perception, expectation and reality
e)Official perception, expectation and reality
f)Academician's perception, expectation and reality
g) Different stake holders' perception, expectation and reality
13) Law as a career for new generation 2050-challenges forward
Please, do share your vision or projections about
1) Indian Constitutional Scenario 2050,
2) Indian Judicial scenario 2050,
3) Indian legal Scenario 2050,
4)Indian Legal Literacy scenario 2050,
5)Indian Legal Awareness scenario 2050,
6) Indian Legal Compliance Scenario 2050,
7)Indian Legal System -Compatibility With International Legal scenario 2050, Indian Legal... Professional scenario 2050,
9)Indian Legal Literature scenario 2050,
10)Indian Legal/Judicial Infrastructure scenario 2050
11)Indian Legal/Judicial technological Infrastructure scenario 2050
12) Over all view- Indian Justice Delivery System 2050
a) Public perception, expectation and reality
b)Judges' perception, expectation and reality
c)Professionals' perception, expectation and reality
d)State perception, expectation and reality
e)Official perception, expectation and reality
f)Academician's perception, expectation and reality
g) Different stake holders' perception, expectation and reality
13) Law as a career for new generation 2050-challenges forward
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