Waking up to reality beyond making new laws!

Finally, Mr Moily has said something (he makes statements often) which has elements of rationality beyond making newer laws to fix problems.  This should be considered by lawmakers who are ever ready to create new laws to tackle honour killings, and what else – supposedly under pressure from media and public.

Without the ability to execute on newly created laws, they are in danger of going the same way as of 38 lakh number of pending cheque bouncing cases.  You are carrying a bounced cheque in one pocket? No problem… file a criminal case and carry the papers in another pocket!

http://www.hindustantimes.com/Before-making-a-law-assess-extra-burden-on-courts-Moily/Article1-599124.aspx

With crores of cases pending in courts across the country, the Law Ministry has suggested that Law Ministry should make fresh laws only after assessing the extra burden they are likely to impose on the courts and ensuring the provision of money required for the purpose. "Assessment must be made for the purpose of estimating the extra load any new bill or legislation may add to the burden of courts and expenditure required for the purpose," Law Minister M Veerappa Moily has said in a letter to Finance Minister Pranab Mukherjee.

Nearly three crore cases are pending in courts (lower courts and higher judiciary) across the country, and the backlog is on a steady increase. According to government estimates based on 2009 figures, it takes 15 years on an average to finally decide a court case in India.

Moily's letter, based on the recommendations of the task force on Judicial Impact Assessment, says the government can anticipate the likely cost of implementing a legislation through the courts by a judicial impact assessment.

The task force, which based its findings on the research work by former Law Secretary T K Viswanathan, who is now Advisor in the Law Ministry, had recommended that it should be made mandatory to provide an estimate of the burden likely to be imposed on courts by every bill passed by Parliament or state legislatures.

In a similar letter recently, Moily had stressed the need for immediate setting up of special courts to deal with "surmounting" cases under Section 138 of the Negotiable Instruments Act. In that letter, also addressed to the Finance Minister, Moily had said that there are about 38 lakh cheque bouncing cases pending in the trial courts and this need to be speedily addressed by setting up special courts.

PM Manmohan Singh will lose respect at this rate

Recent news of PM wanting to cut citizens’ rights under RTI act is highly deplorable.   This is the same PM who has reportedly vouched for aam-aadmi in his speeches, and at one instance chided Indian business houses on dangers of crony capitalism.  Well, now he has to answer who will benefit by following actions:

1. Chief justice of India will be outside purview of RTI act.  Isn’t it some kind of cronyism developing between Executive and Judiciary?

2. No frivolous queries will be allowed.  The courts in India have 3 crore pending cases.  No body checks how many are frivolous.  In elections, 100s of candidates can stand for an election seat.  Inspite of huge cost incurred due to so many candidates, no body condemns that some of the candidates are ‘frivolous’.  But when it comes to RTI, the frivolous ones must be disallowed.  And of course, it goes without saying, the information behind decision to decide what is frivolous will not be disclosed so that the bureaucrats are safe.  So it is some kind of crony bureaucratism.

http://ibnlive.in.com/news/pm-says-no-to-sonia-wants-rti-act-amended/111065-37.html?from=tn

New Delhi: Prime Minister Manmohan Singh and Congress President Sonia Gandhi are reportedly split over amending the Right to Information Act.

In a rare instance, the Prime Minister has said a firm no to Sonia's suggestions and has decided to go ahead with amendments in the RTI Act.

Singh has reportedly written a letter to Sonia saying that changes are needed in the RTI Act after the Congress President expressed her doubts and made it clear that she does not want it to be amended.

The proposed changes in RTI by the Prime Minister will keep the Chief Justice of India out of purview of the Act.

Some of the amendments proposed to the RTI Act are:

• Chief Justice of India would be outside the purview of the Act.

• Discussions on policy decisions cannot be made public.

• No frivolous queries would be allowed and necessary changes in the Act would have to be made.

The Congress President, who is also the Chairperson of the United Progressive Alliance, had written to the Prime Minister about two months ago explaining her why she does not want any amendment to the Act, which was a landmark legislation of UPA 1 and seen as her baby.

Her views on not amending the RTI have been endorsed by NGOs and the Left parties.

But with the Prime Minister himself stepping in and saying no to her, changes in the Act seem inevitable.

Indians wanna be safe? – then become hard targets

Home minister P Chidambaram has conveniently explained away the blasts in Pune saying that the blast was done on a soft target, and hence could not be avoided!

http://www.indianexpress.com/news/No-intelligence-failure-in-Pune-blast--Chidambaram/579572/

The Pune blast was not the result of any intelligence failure but an 'insidious' planting of a bomb in a 'soft' target establishment, Union Home Minister P Chidambaram said.

So terrorists should inform you in advance and be gentlemanly rather than insidious! India is sometimes said to be soft state, but at this rate we will come to be known as a fool state.

Again he rants about the ‘insidious’ nature of the attack:

"There is no intelligence failure, but please remember this is not an overt attack by gunmen. This is an insidious bomb that had been planted in what appears to be a backpack," the Home Minister said.

Further he explains the government’s definition of hard vs soft targets.

Terming Osho Ashram and the Chabad House as "hard targets", he said, "But apart from hard targets, there are soft targets...All these (the German bakery and an Italian restaurant nearby) are soft targets where foreigners and Indians congregate especially during the peak hours."

Now any Indian who wants to stay alive and safe, should attempt to become into a hard target. Hard targets are ministers, MPs, MLAs who are provided high security cover and do not need to bother about bombs blasting around them while having a cup of tea. Soft targets is everyone else.

The problems of mai-baap culture

This is the kind of news which tells what is wrong with the way things work or rather not in India. A woman who booked ticket in first class coupe for purpose of safety was assaulted and molested by other passengers in same coupe who probably were 'more powerful' in some way, or so they thought at least!

http://www.ndtv.com/news/india/woman_molested_beaten_on_rajdhani_express.php

Twenty-eight-year-old Alka decided that for her journey home from Patna, a first-class ticket on the Rajdhani was worth it. After all, she was returning alone to Delhi.

In the middle of the night, however, two men who were travelling in the same coupe allegedly molested her. Ironically, the offenders were on the train to guarantee the safety of another woman, Jyoti Kumar, a Congress politician from Aari in Bihar - who was travelling in another coupe near Alka.

Really, it is a reflection of the power structure of Indian society -- a mai-baap culture in which you can feel secure not by following the law and rules but only by being under wings of someone more powerful. And of course, the fundamental problem with a mai-baap driven culture is that someone you have placed your trust in should not turn from protector to predator.

Further...

The Rajdhani is meant to have four armed commandos from the Railway Protection Force patrolling the entire train. There was no sign of them while she was being assaulted. Alka shouted out for help. That summoned Jyoti Kumar, the employer of the guards.

Kumar allegedly responded to Alka's SOS by beating her. This version of events is confirmed by other passengers. Though the politician says, "I did not beat her. It was she who assaulted me."

This if true is the real crux of the problems in a power driven society. The politician thought it fit to protect her own guards than stand for justice and rule of law. Because only then can she command the respect and loyalty of her own guards. Otherwise they may think that she has left them in the lurch and not fit to be their employer or protector!

Justice Shylendra Kumar rues about corruption in judiciary

Justice Shylendra Kumar of Karnataka High court takes stock of the situation in country on 26th Jan, Republic Day on his personal blog:

http://sites.google.com/site/justdvskumar/republic-day-message

Interestingly, he is of the opinion that both Executive and Judiciary have failed people, but some flashes of hope are seen from Legislature.

Excerpt here:
A vocal and aggressive Executive Government is attempting to regulate and takeover Judiciary even by corrupting the Judiciary. An inept and corrupt Judiciary is playing second fiddle to the Executive. It is only the legislature albeit corrupt, rudderless and inefficient, has nevertheless on an occasion or two, has adhered to its assigned role, has occasionally flashed sparks of brilliance by competent performances, is holding out a ray of hope!

Comments:Let's hope the body and limbs also start to move in coordinated fashion if the brain is doing some things right.

Further...

Though all three organs of the State have miserably failed in playing their respective roles, the real hope and strength, is emanating from the goodness of the common man of the country, the right values the common man of the country has, a nascent, intrinsic perception of rights and wrongs, which is imbedded in the psyche of every citizen of this country, that sustains an optimist like me.

Comments: This is the real hope. If we, the people give power to ourselves, and act in a powerful way for benefit of nation, only then we can deserve to live in a just nation.

Further he says...

I am of the opinion that amongst the three organs of the State, Judiciary has to take the major share of the blame, as the Judiciary by not being alright and upright by itself, has failed to check and keep the other two organs of the State in control and in the right mode.

Comments: What is sad is that common person is scared of accessing judiciary, leave alone police. There is a saying that justice should not only be done, but it should also be seen to be done. Maybe it is right time for people in judiciary to rise to the occassion, and give the confidence to Indian public that they will uphold justice in its fullest sense, and not merely go through motions of legal procedures.