 |
|
Bill on judges Quickening the pace of justice |
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
The wit of the week
On Record
Profile RTI changes the life in
a village
|
Bill on judges TODAY, the courts are the guardian of the peoples’ rights. When Parliament or a state legislature enacts a law that encroaches upon a citizen’s rights, the judges annul it. When the executive errs, they intervene to correct it. When the administrator fails to do his duty, they take hard decisions. They order that all industrial units that pollute must close; the diesel vehicles must switch over to CNG and that the commercial establishments in residential areas have to put the shutters down. No wonder, the government, which is the largest litigant before the courts, feels the need to tame the higher judiciary. There is talk of bringing the “judiciary under a microscope” and make the judiciary accountable. Thus, The Judges (Inquiry) Bill, 2006 has been introduced in Parliament. It consists of nine chapters in 38 sections. The declared purpose is to establish the National Judicial Council (NJC) to probe charges of misbehaviour or incapacity of the Supreme Court or High Court judge and to regulate the procedure for such investigation. Chapter II deals with the machinery for investigation. Section 8 (Chapter III) enables one to complain against any judge for misbehavior or incapacity. Those filing frivolous or vexatious complaints will be punished with simple imprisonment of one year and fine up to Rs 25,000. The NJC can also entertain complaints from “any other source.” Chapter VII provides that the NJC will have the power to issue advisories, warnings, withdraw judicial work for a limited time, request for retirement, and censure or admonition - public or private. The NJC may also recommend stoppage of assigning judicial work during the pendency of the preliminary investigation or inquiry or address by the Houses to the President... In a nutshell, members of the higher judiciary whom the Constitution makers granted protection have been reduced to the level of ordinary employees. The complaint of a disgruntled litigant is enough to initiate an investigation into the conduct and capacity of a judge and to charge him. During investigation, the judicial work may not be assigned to the concerned judge. The NJC has also been authorised to lay down a code of conduct for judges from time to time. Why has the judiciary been singled out of all the constitutional functionaries? The wisdom of proposing the law is also extremely doubtful. It is bound to affect the independence of the institution, which is absolutely essential for its effective functioning. The attempt to erode the independence is not new. In the mid-seventies, the judiciary was blamed for every ill in society. The slogan was - the country needs a “committed judiciary”. Even after almost three decades, the aim and the object have not changed. It is to ensure “commitment”. The pressure of a complaint before the NJC is calculated to make the judge compliant. Thus, the question, is this law needed? First, the pretext. There is lack of transparency in the working of courts. Is it so? Anyone having even a nodding familiarity with the system cannot have such a complaint. Every court in India is an open air theatre. The judge does not work behind closed doors or in a secret chamber. The proceedings are open to public. The door of every court is always open. The judge sees neither the party nor the pleader. He hears and decides every case in full public view. He works under constant public gaze. Nothing could be more transparent. Then, there is the talk about the code of conduct. Is there none at present? I think the founding fathers were men of vision and wisdom. They had prescribed a comprehensive code of conduct in the oath of a judge. It is a part of the Constitution itself. Nothing is missing in the oath. Nothing needs to be added. The judge is clearly made accountable. But only to the Constitution. In fact, the judge is trained to decide without fear or favour, affection or ill-will. In the 18th century, Lord Mansfield said, “I will do my duty, unawed. What am I to fear? The lies of calumny carry no terror to me. I trust, that my temper of mind, and the colour and conduct of my life, have given me a suit of armour against these arrows. I will not do that which my conscience tells me is wrong, to get the huzzas of thousands, or the daily praise of all the papers which come from the press: I will not avoid doing what I think is right; though it should draw on me whole artillery of libels.” Even 200 years later, the resolve has not changed. Judge Hiller B. Zobel, an Associate Justice of the Massachusetts Superior Courts, said, “Elected officials may consider popular urging and sway to public opinion polls. Judges must follow their oaths and do their duty, heedless of editorials, letters, telegrams, picketers, threats, petitions, panellists and talk shows. In this country, we do not administer justice by plebiscite.” The position is not any different in India. Hopefully, it shall never be. And thus far, (except perhaps during the Emergency), the Indian judiciary has performed creditably. It has stood the test of time. It has acted effectively. The existing system has worked satisfactorily. There is no need to change. True, there have been a few instances of indiscretion on the part of some judges. But no one ever pushed anything under the carpet. Whenever a member has faltered, corrective measures have been taken. And the only time, the issue of impeachment of a judge had arisen, it was the politician and not the judiciary that had failed. Still, there is an effort to appoint the NJC. Why blame the Constitution for the failure of the Parliament? True, the NJC as now proposed shall consist of judges only. But let us not forget, it is just the beginning. Nothing shall stop Parliament from making amendments. If the Bill becomes the law, what will happen? It is not difficult to imagine that on the slightest pretext, an unhappy litigant may file or may be induced to file a complaint. The NJC shall start consideration and the media its tirade. Even when the complaint is totally false, there shall be pressure. When the judge has fear in his heart, justice is the first casualty. And the day the higher judiciary is subjected to such a treatment, the result shall be devastating. It shall be the beginning of the end of independence of an institution that has served society well. I pray that we must debate and should not fall a prey to the proposal. The writer is a former Chief Justice of the Kerala High Court
|
|
Quickening the pace of justice LAYWERS played a significant role in our freedom struggle and securing independence from the foreign yoke. Now they need to get rid of corruption, cruelty and criminalisation in the administration by actively participating in all the three wings of the Constitution - the legislature, the executive and the judiciary. Lawyers’ contribution in legislation, administration, implementation and interpretation of laws is unique and unparalleled. By training, temperament and skill, a lawyer is well equipped to protect people, property, professions, products, processes, industries, status, employment and environment in a civilized society. Obviously, the greatness and strength of this noble profession permit no compromise. This must reflect in the composition, performance and working of the Bar. It is a profession and not an occupation. The lawyer must, with courage and foresight, be ready to shape the body of law and be able to ensure justice, liberty, equality and accountability. The legislature, being the voice of the people, reflects their needs and aspirations. Laws enacted by it must protect public interest and not personal interest of the legislators. Thorough debate and discussion must take place before the enactment of every Bill. There is no place for mala fide interference in the affairs of the executive and the judiciary. Law serves two things — to keep order and to do justice. Sometimes, certainty and technically do not go hand in hand with fairness and justice. Strict rules and social necessities do differ at times. Judicial activism has become a need of the times. It must continue within limits. Justice Y.K. Sabharwal, Chief Justice of India till recently, has time and again asked the government to be liberal in financial aid, but little has been done in this regard. It remains to be seen whether there would be any change in the attitude of the government in the future. Admittedly, a huge backlog of three crore cases can never be decided within a specific timeframe with about 13,000 judges. The government cannot afford to hire 62,000 more judges as required by the CJI. However, the services of about nine lakh lawyers, if utilised effectively by way of direct negotiation, will help clear the backlog to a great extent. Moreover, the judiciary needs to manage its current resources of men, money and material in a better way with less time and effort. Two work shifts should be introduced — morning and evening. Pro tem presiding and prosecuting officers along with skilled staff should be recruited. In the US, over 90 per cent cases are settled in the lawyers’ chambers by direct negotiation. Pro tem judges, prosecutors, employees keep the doors of justice open in case regular staff are on leave. The judiciary helps itself in mobilising its own finances. For speedy and accountable justice, the Bar needs to propose changes in the law to the authorities now, instead of protesting afterwards. Section 80 CPC be amended to make direct negotiation mandatory in all cases for one year to help parties settle their cases outside the court. Similarly, in criminal cases, the accused be permitted to negotiate for a lesser sentence in lieu of fine to compensate the victim and reduce the burden on the jail. The state governments and the High Courts should prepare lists of competent advocates to work on contract as judges and prosecutors as and when required. Para-legal schools are needed to train court and allied staff for quick disposal. Bail bond agencies should furnish attested bail/surety bonds. Probation officers should assist the court in sentencing and its execution. The victim should be heard for proper punishment and compensation. Rehabilitation centres will allow convicts avoid jail by doing community service and pay for attending classes for future good behaviour. In California, the Supreme Court Chief Justice is assisted by a judicial council consisting of a Supreme Court judge, three Court of Appeal judges, superior court judges, four state bar members, one member of each house of legislature. There are two court administrators without voting rights. The president of the California Judges’ Association is a non-voting member. This system is working successfully and caters to the requirements of the judges, lawyers and litigants. India too can be benefited by adopting the system of Judicial Administrative Commission. Workload has increased and the functioining of the judiciary has been a cause for concern. Luckily, the new CJI, Justice K.G. Balakrishnan will have about three and half years of service. Let us hope for the best during his tenure in office. The writer is Administrator, Indo-American Law Centre, California (USA) |
|
The wit of the week
— Teesta
Setalvad, social activist, in her Acceptance Address on being conferred the Nani A. Palkhivala Award for 2006 in Mumbai
For everything you have to pay a price, because you are not running a single-party government any more. Nations need to learn war in order not to fight…We should increase our understanding of war and its defining characteristics — historically, sociologically, psychologically and, most important, rationally. As discomfiting as it may be, the perpetrators of war, conflict, terrorism and racial discrimination, act
rationally.— Robert J. Aumann, recipient of Nobel Prize for Economics
— Taslima Nasreen, Bangladeshi writer
Compromising editorial independence for commercial interests would be putting the axe at the roots of our profession. Never hurt the credibility of the newspaper. It is your most precious good. Music should produce anand. That joy should be like a fragrance that spreads everywhere. Art is different from showmanship. By being a showman, an artiste is misleading the audience and ultimately leaving them dissatisfied. If the artiste is true to the art, anand will certainly be created. I am happy we are together…that has never been a big secret. Aishwarya is super talented… and she is also a great brand ambassador for our country. |
On Record
ALL-India Majlis-e-Ittehadul Muslimmen MP Asaduddin Owaisi is a progressive face of the Muslims. The 37-year-old MP from Hyderabad, who holds a law degree from London, would like to focus on long-term solutions to bring the Muslim community out of socio-economic backwardness. In an exclusive interview to The Sunday Tribune, he says, “Don’t give us fish, teach us how to catch it”. Dwelling on the wide ranging recommendations of the Sachar Committee report, Mr Owaisi says that if the Muslims are taught how to catch fish, they will ensure that their contribution to the GDP will go up to 25 per cent. Excerpts: Q: What is your opinion on the Sachar Committee report? A: It is the first and genuine attempt to show the world the real status of Muslims. It has clearly shown that the community is socially, educationally and economicallybackward in every sphere of life. Q: Is the Muslim leadership responsible for the continued problems of the community? A: After Independence, Muslims accepted Nehru, Lal Bahadur Shastri and Indira Gandhi as their leaders. They hailed the JP Movement. In the late 80s and early 90s, we had the regional leadership in the form of Mulayam Singh Yadav, Lalu Prasad Yadav, N.T. Rama Rao and Biju Patnaik. The community has been following these leaders. So where is the question of Muslim leadership? Q: How do you rate yourself as a leader? A: I cannot claim to be the leader of the whole nation. The Muslims’ backwardness is age-old. It has been continuing since 1960. For this, the Muslim leadership cannot be blamed. As for social backwardness, the dowry system and lack of girls’ education are mainly responsible. Muslims must eradicate the dowry system and get more girls educated. It has already started happening in the South. Nowhere in India you will find a Muslim girl wearing a burqa driving a motorcycle. Because she is economically and socially empowered, she is coming out and leading a normal life. I would like this to be replicated in the north. The focus must be on real education where Muslim youngsters become doctors, engineers and managers. Q: What has been the religious leaders’ contribution towards spreading awareness and educating Muslim girls? A: Why blame ulemas? They have done a tremendous job in making Muslims literate. Literacy doesn’t mean that one should know English. It means a person who can read or write in his own mother tongue, which they have done without any financial support from the government. I am not denying the religious leaders’ hold over the community. But none can blame them for the backwardness. No religious leader has ever spoken against English-medium schools. We should have more higher education centres and at least one lakh higher education scholarships for Muslim students every year. There is a question of giving reservation to Dalit Muslims. Why is there such a low representation of the community in the IAS and IPS? We can tell the government to set up more training institutes, but it is our job, as a community, to ensure that we send our children there. The Sachar report rightly said that there is an attitudinal problem. Youngsters often feel there is no point in writing an exam as they will not get justice. We tell them if they prepare well and write well, they will succeed. The government should create an atmosphere wherein opportunities are created. Q: How do you react to the charge that the Muslim community is “anti-national”? A: This is a vicious propaganda by communal forces. This charge is not new. We do get angry and upset. In what way are we anti-national? Mr L.K. Advani goes to Pakistan and says I went to Jinnah’s mazar because my party is called anti-Islam and anti-Muslim. Muslims have never considered Jinnah as their leader or followed him. Had we followed him we would have been sitting in Pakistan. We do not look to Pakistan. We have respect for our Constitution, our country and if that is anti-national I don’t know what is patriotism. The BJP’s one-point programme is to create the fear of minority among the majority, saying that Muslims are ISI agents, they are anti-national, they are Al-Qaeda and so on. However, it is also the Muslims’ responsibility to ensure that they do not sensationalise the issue. There is lack of trust in the community because nationalised banks have refused credit cards to the members of the community. Q: Why this lack of trust? A: Bureaucrats or leaders who have ruled us have no trust in us. Otherwise, the situation would not have been like this. Because of lack of trust, there is no Muslim representation in the Research and Analysis Wing (RAW), Intelligence Bureau or the elite Special Protection Group (SPG). Q: Don’t you think Muslim names in the underworld and terrorist outfits have a lot to contribute to this mistrust? A: Who gave protection to the underworld? How did the underworld become underworld? Who created this Frankenstein? Now this Frankenstein wants to eat you. Had there been genuine efforts to take us along, there would have been no problem. Unfortunately, we are present only at Iftar parties. We are remembered only during Ramzan when some majority leader wears a skull cap and comes to the Iftar party. You meet any Muslim leader and he will tell you he has no voice...that he is just a show boy. If you do not create leadership and just want people in low profile positions, how effective can they be towards solving the community’s problems? |
|
Profile Gopal Raju, now in late seventies, was recently seen on TV, receiving the Pravasi Bharatiya Samman (NRI) from President A.P.J. Abdul Kalam. The honour is bestowed on people of Indian origin for outstanding contribution towards furthering India’s interests abroad. No Indian has done as much to empower the Indian community and help them participate in the American political system as Gopal Raju. At present, Raju is the publisher of a group of publications including News India-Times, Desi Talk and Gujarat Times catering to the South Asian community. He also founded the India Abroad News Service that, later, became an Indian company, the present day Indo-Asian News Service, or IANS. In 1975, he established the Indian-American Foundation which addresses the needs of the common people in South Asia and responds to humanitarian crises in the region. Recently, Raju was also honoured with the prestigious Taraknath Das Award. Taraknath was an expatriate anti-British Bengali revolutionary. Hunted by secret agents of the British Empire, he saw the need for better “Indo-American understanding”. Keeping this in mind, the Taraknath Das Foundation has given the annual award to 20 outstanding persons and two institutions in the last 15 years. They included noted writer R.K. Narayan, scientist S. Chandrashekhar, Journalist Philip Talbot and writer Anita Desai. There was time when Raju decided to sell the two institutions - Indian American Foundation and the Indian American Center for Political Awareness. But the new buyers chose not to assume the responsibility of the two non-profits which left him with a difficult choice. Either he could close down the foundation and the center, or continue them at his personal expense. He chose the later. According to sources close to him in India, Gopal Raju, left the shores of India for the US as a wrestler coach and, in course of time, became a renowned publisher and social activist. His emphasis has always been on physical fitness. Even though he is nearing 80, he regularly goes to the gymnasium and does his work out every morning. He choose to remain single, devoting fully to the cause dear to his heart. Raju noticed that even though the number of Indians was increasing rapidly in the US, nobody talked about them. With a view to acting as a bridge between India and the growing Indian population in America, he launched the New York-based India Abroad, now the oldest and largest circulated newspaper serving the Indian community, as well as the India Abroad News Service. During his prolonged stay in the US, Raju felt that established Indian news agencies like PTI and UNI were not doing enough to act as a bridge between the Indian community in the US and their country. They often lifted items from US dailies and magazine and filed them for readers in India. “We do not get stories from Indian perspective”, he was reported as saying many times. He, therefore, detailed correspondents of his news establishments to all major cities of America with the brief that they should report from the Indian point of view. A remarkable aspect of the newspapers and the agency founded by him was thorough professionalism. His emphasis on quality was so strong that he hired retired New York Times editors and senior journalists to rewrite copy and supervise functioning of the news desk. The results were encouraging - for the first time news was covered from Indian point of view. There was time when Indian young men vied with each other to go to the US for better career prospects. The situation has changed since Gopal left the shores of India. The country of his birth has changed for better while the urge to go to American has gone down, say those close to Gopal Raju. Indeed Raju has himself become an institution. |
|
RTI changes the life in
a village BORU, a small village in Gujarat’s Kalol taluk, has its own problems — terrible roads, scarce electricity and no health care. Built under the Prime Minister’s village road construction scheme, the road to taluk headquarters now has only the first km properly tarred while the rest is a dust bowl. Health is a cause for concern here. There is no Primary Health Centre (PHC). Government policies allow one PHC for every 30,000 people. Boru’s 2,500 villagers can only get free medical services at their designated centre — Jantral, 8 km away from Kalol. Villagers pay Rs 15 to go there by public transport even for minor ailments. There is no facility for attending to emergencies and none for childbirth —a common occurrence. Most deliveries are done at home by the local midwives. The government health worker is supposed to come thrice a week, provide immunisation and supplements and take care of tuberculosis patients, children and pregnant women. Boru is lucky if she comes thrice a month. Villagers demand at least a sub-centre to make childbirth less risky. Complaints to the PHC, the MLA and other authorities in the past four years have been in vain. Gulambhai, an active villager, decided to use the Right to Information (RTI) Act. He applied to the local doctor who doubles as its Public Information Officer (PIO) asking about the medical assistance provided to patients, the facilities available for pregnant women, health workers and their duties at Boru. Under the RTI, the government must provide this information to the public without request. After Gulambhai submitted his written request, there was a turn for the better. The health worker visits every mohalla almost everyday and provides the basic healthcare. The visits made an immediate impact on general health. Meanwhile, the doctor too called on Gulambhai. He asked him why he needed the information. Gulambhai referred to the training camps and said that it was only when people know their rights would there be real change in society. The doctor assured Gulambhai that he would ensure the health worker’s regular visits to the village and invited Gulambhai and others to see him at the PHC for resolving any problem. The doctor’s visit indicated the subtle shift in power that having information and using the law makes in unequal relationships between bureaucrats and people in whose service they are supposed to be. A week after the doctor’s visit, Gulambhai received the information under the RTI Act by post. The villagers were thrilled. The villagers felt that the provision of regular services and the doctor’s personal visit were a huge success for their endeavours and more than made up for technical lapses in providing information. The villagers had a huge success and it was one more step to accountability.n Maja Daruwala is Director, Commonwealth Human Rights Initiative, New Delhi. Navaz Kotwal is Project Coordinator, CHRI. |
Brother! The whole world is poor; no one is rich; only the one who has the wealth of God’s name
is rich. |
| HOME PAGE | |
Punjab | Haryana | Jammu & Kashmir |
Himachal Pradesh | Regional Briefs |
Nation | Opinions | | Business | Sports | World | Mailbag | Chandigarh | Ludhiana | Delhi | | Calendar | Weather | Archive | Subscribe | Suggestion | E-mail | |
It is not the job of the judges to become social activists though I salute judicial activism. Judiciary’s primary duty is to protect the rule of law and uphold the Constitution.
Strength,
cohesion and prosperity can be built through an enlightened
administration and polity that respects the rights of all, harbours
dissent and respects the struggle for rights and justice, a state of
affairs that supports the natural order of things.
Why do we have to wait for four years before we get a degree? Why do we have to pass exams? Why does a child have to learn the basics only when he is six when clearly he knows how to operate a computer at three? We need to change the face of knowledge in
India.
Covering a woman’s head means covering her brain and ensuring that it doesn’t work. If women’s brains worked properly, they would have long ago thrown off these veils and burqas imposed on them by a religious and patriarchical regime.
FIFTY-seven years back, a “frustrated” young Indian, hailing from South, left the shores of his motherland for America. Born in a teeming little town of erstwhile Mysore state, he was bilingual; could speak Kannada as well as Telugu. His father was a Kannidiga and mother Telugu-speaking.