Work Worthy

I've always wondered how can servitude be great, unless you are a servant of the society and work towards the betterment of people. Therefore naturally,  I've always had a difficulty in assuming the role of an employee who is only expected to work towards earning profits for his employer in lieu of his salary. It squeezes me naturally. Probably that's why I switched three jobs in a span of one year. Each time I left one, I promised to myself that I'd start something of my own. But providence forced me to be an employee again and again. I'll probably remain an employee forever. However the thing about my present employment is that I'm no more working for a profit churning enterprise. Rather I am now employed for public service and my prime task is to work for the betterment of the community and country. It may not be entirely how I wanted it to be, but it's so far the best opportunity at service of society, that the Lord Almighty has graced me with.

I used to feel sorry for myself back when I used to work day in and day out for a profit making corporation. It's because in my personal opinion I always considered that it's worthwhile either to toil for your own venture or work for an organization which is into public service and social upliftment and if you cannot do either then find time, in whatever service you are, to devote for meaningful service towards the betterment of our society.

Please don't mistake my preference for enterprising as my apathy against job holders. I have extreme respect for people who choose to work under the directives of an external force, sacrificing many of their yearnings, at times secretly compromising their dreams and self respect, so that they can earn bread for their children and family. RESPECT is the only word I have for them.

 I'm equally pragmatic to not think that everyone must and should become an entrepreneur. That cannot happen. There are diverse life circumstances that engulf people and not everyone can be advised to break free from those and start an enterprise. So I've nothing against employment as such. But at the same time I find it intolerable on the part of those who enjoy the scope of breaking free, to remain job holders forever without planning to do something on their own one day. That'd create employment opportunity and generate income ( augmenting national income) plus his former job can be given to someone more needy. Starting their own new enterprise would also allow them greater independence to manage their time at their convenience to contribute to, in whatever significant way possible, the upliftment of the impoverished and the needy. That's how we could generate a cycle of affluence. There would thus be twin advantages if a salaried job holder, having the opportunity to leave his job,  leaves his job and creates employment opportunities.

I'll share the instance of one of my relatives who hails from a very rich family. I mean, there is no plausible reason why he should go and serve an MNC instead of starting some self made enterprise. But he never quite had the knack to become a profit hankering businessman. So he always used to say 'I'm going to start a NGO which will be into core public service, like legal aid or battling poverty or eradicating lack of education'. I remembering being so proud of him. Then something called MBA happened to him and he's now a glorified labourer, in a foreign company, who mostly goes without availing even his weekends, for a salary of one lakh rupees per month. I called him a laborer because he doesn't even have adequate time for anything except his work. The last time I had a phone conversation with him, he thanked me for updating him about the change of Presidentship in our country. He has time neither for his hobbies nor for important events unfolding in our country and outside, leave alone social work. What infuriates me is not his present job profile, but the sheer disconnect with the world around him, that he has suffered after working there. He's too tired or too busy to even harbour an opinion about contentious issues rocking our nation. That's where the problem begins. (My observation about my cousin is due to life circumstances unique to him and may kindly not be treated as my general opinion about MBA degree holders and / or employees of MNCs)

My point therefore is that we ought to recognize the worth of our work. To ask and keep asking, not only what good the job will do to me but also  'What good will it do to our society ?' I'm sure it isn't practical for everyone to be in social service as it isn't possible for everyone to start a business enterprise. Yet we can do our share by fixing atleast a day every month to find out where we can contribute what, beyond just the profits for our employer.

My maternal grandfather, who was working in the legal field, wherever he used to be transferred in his service, picked one impoverished child in his neighborhood, and paid for his / her high school education not only till he worked there but also after he was transferred from that place. I saw so many faces, whom I didn't know, many of whom even my elders didn't recognize, who had come to pay him their reverence at his funeral. It was only when they together came up and introduced themselves that we realized the fruits of his dedication.

 I'll also furnish a more domestic example. Back in his village he also tirelessly educated and even at times reprimanded the men of our extended family who would blissfully consume all the food cooked for the day without even bothering to leave a near equal share for the women folk. He began his crusade by openly admonishing the women in our family saying that it's their fault that they keep on serving everything on the platter without uttering a single word. He changed that by doing away with the culture of separate eating times for men and women. He ensured that all of us ate together and,  when that wasn't possible, he stayed adamant to see that women ate first. I found it remarkably path breaking for a man born in the dark times and surrounded by super orthodox people to think so ahead of that age. My mother brought that culture along and introduced it in our home. She met with terrible resistance initially, especially from the women folk. But she managed to establish that code of eating as far as she could, including in almost all houses of her the then (1980s) neighbourhood, when women did not dare to stand around when men were discussing things.

The reason why I cited this example is because I want to emphasize that our contribution to the society need not necessarily be headline grabbing or front page news. It could be the smallest of works but with such significance as to eradicate a difficulty and establish equality and order.

That's part of the reason why I have never quite approved the way our education system works. From inception to the end, it prepares the youth to become the best follower among a band of followers. No one ever encourages you to either innovate nor prepares you for the difficulties and tribulations of undertaking risks, be it those in business or pursuing an unconventional service. However I will not take away the credit that most ascribe to it in terms of having developed a very competitive and elaborate syllabus and a challenging examination scheme.

At the cost of repetition I'd reiterate that whether you are a job holder or not, introspect and unravel the worth of your work. If you are employed in a business, make time for doing some substantially objective work for the aid of our ailing community and country. Figure out for yourself, what it is that you can do to better things around you. If you are up for it then always keep planning to start your own venture, which atleast will ensure that you will create employment and generate income for many people. If you are running a business, then have the heart to keep a share of your profit for fulfilling your social responsibility and the mind to keep getting better at it as you do at your business. If you are a public servant, don't be lethargic or corrupt, simply work for the goal that you signed up for. I need not tell you that the innumerable afflictions rotting our society require the roles of all of us, small or big, in freeing it from them. So let's work worthy.

This post may kndly not be taken as my prejudices against job holders. I myself am a job holder. I have nothing against job holders, except that I would want to see more and more job holders devoting time for social service. Our community and nation are in dire need of our concerted efforts in that direction. It'd require tremendous sacrifice. Imagine coming back from office at 9 in the night and still having the zeal to do something. It'd require planning, management and of course cooperation at various levels, particularly from family members.

** P.S. I have always wanted to write on this issue, but never really wanted to be mistaken as a preacher. So I kept dodging my own wish at writing this post. However I got in touch with a fabulous blogger named Bhishma Choudhury who blogs his views emphatically at http://sanki.in/ about the myriad issues concerning our youth and our nation with a focus on the tardiness of our education system, and encouraging entrepreneurial aspirations of the youth. It was his latest post @  http://sanki.in/2012/09/03/somethings-are-better-left-untitled/  which gave me the required impetus to write what I've been wanting to write for a long time. Check out his blog for similar experiences.

Speeches By Sri Ram Jethmalani - I

Do you agree that we need more of such speakers / members in our Parliament than the ones who simply induce chaos and disturbance ?

Upright, Fearless & Eloquent


There are unfortunately a very few such examples in our Parliament.

Justice in Jeopardy... Why ?

A very talented fellow blogger recently published an article titled "Justice in Jeopardy" wherein she has very lucidly pointed certain issues which concern the Indian judiciary. I intend to explain some of the issues raised in that article.

First things first. I'm by no means claiming that Indian judiciary is pristine or is under no requirement of significant upgradation and improvement. I'm nobody to dispute that reality since anyone who has had an experience with litigation in an Indian Court is likely to have had a vary harrowing experience, particularly in reference to the time consumed in arriving at a verdict. Also several eminent jurists have pointed several foibles in the justice delivery system of our country and I do not intend to contradict them. But what is essential in this context is that when we read or hear against our judicial system we, as responsible persons, must also strive to analyse the cause (s) behind those facts.

The article that I've mentioned starts with the hackneyed grievance that the wait for justice in India is always unduly protracted. Cases to get decided take an unbelievably long time. So much so that it defeats the very purpose of the verdict at times. Ever wondered what's the cause of that ? Any person who has read extensively regarding this issue will understand that this happens mainly due to shortage of Courts vis - a -vis a relative docket explosion. While the rate at which litigation are being initiated have gone up substantially, the number of Courts and Judges to decide them haven't seen a proportional increase. It is essential for us to know that there is something called the Judge - Population ratio. It denotes the number of judges per million (ten lakh) people in a country. In the USA they have ten times more judges per million people, than in India. The Indian Law Commission in its 120th Report recommended that the strength of judges per million population should be increased from 10.5 to 50 judges. The present judge strength in India is 14 judges per million (ten lakh) population (approx.). From these figures it is not difficult to understand the cause behind the present alarming rate of pendency of cases. With regard to subordinate judiciary, the Supreme Court had, in its judgement of 21st March, 2002, in All India Judges’ Association & Ors Vs. Union of India & Ors., also directed that increase in the Judge strength from 10.5 per 10 lakh people to 50 judges per 10 lakh people should be effected and implemented within a period of five years in a phased manner to be determined and directed by the Union Ministry of Law.  Clearly the concerned Ministry has not lived up to the task. And the blame for large pendency of cases unfortunately goes to the judiciary.


 Now the budget. Ever wondered who controls the expenditure for building judicial infrastructure in the country ? Of course the Govt. You'll be surprised to know that less than 1 % is allocated to the judiciary in the State and Central Budget every year. In the Ninth Five year plan the Govt. set aside Rs 385 Crore for the judiciary and that works out to about 0.078 % of total expenditure plan. In the Tenth Five Year Plan, the allocation though increased to Rs 700 Crore, it still works out to a shocking 0.071 % of total plan expenditure. Its a complete mockery that the very institution which is often quoted as the last hope for the exploited and the injured, is so neglected. One of my friends recently pointed out to me his utter wonder, after becoming aware of these figures, at as to how the judiciary functions at all.

Despite all these hurdles, judiciary is not sitting quietly. Under the directives of the Hon'ble Supreme Court several Courts in different States are functioning as 'Evening Courts', beyond the normal day time functioning of Courts. Where focus is being put on taking up for hearing many old cases which are pending adjudication. More to this multiple drives are being regularly conducted by way of District Level, and State Level Lok Adalats where the Courts are taking extra steps to cause the parties to amicably settle their cases without further litigation. These steps are yielding quite promising results. But considering the mountain pendency figures, these efforts are unable to bring about any substantial change therein, for the public to realize that such endeavours are being made in the first place. After all there is a human limit to which Judges can give their efforts in disposing of so many cases. 

It has been further pointed out in the relevant write up, that a rich man can go to some foreign country under some false pretext while his lawyer keeps making appearances for him and on the other hand a poor man has no such liberty. I humbly need to dispute this statement as a misinformed generalization of the state of affairs. It is the law of this land that no person ought to be ordinarily forced to attend the Court proceeding, if his presence somewhere else is necessary, unless his attendance is really indispensable for such proceeding. e.g. in a hit and run case the witnesses need to identify the accused hence on each date of evidence the accused must be present even though he's on bail. But in a cheque bounce case, the evidence is mainly in form of documents, hence the parties can appear through their lawyer. Similarly in civil cases there is barely any need for the parties to personally appear on each and every date unless the proceeding demands so. Hence unlike what has been said,  a poor person too can appear through his lawyer, one appointed by him or by the State.

She has further, in her article, very rightly doubted the concept of true justice as a mere facade. It’s mainly because of the popular perception that law serves the interests of only the powerful and the privileged, while the un privileged suffer despite all the protection purported to be guaranteed to them by it. The anger is fixated on the high and the mighty who appear to be immune to the rigours of law. I'm afraid the cause of this anomaly is much complex, fundamental to our legal system than a mere allegation that justice is on sale for the rich and powerful. One must understand a country's judiciary is as potent and efficient as are it's a) Investigative Agencies and b) Witnesses. We have countless examples where witnesses have faltered in Court. If one goes and sees for himself, he is likely to discover several witnesses simply testifying before the Courts that they know nothing about the incident. Whereas they have given full statements before the investigating officer regarding their knowledge of the occurrence. So it's either the Police or the witness who lies. But in either scenario the Court is rendered with no other option but to set free the accused.

It has been lamented in the article that "Justice in this country can be cheaply bought or easily abused." It's necessary to know certain facts about the process of litigation before we judge the truth of that belief.

The law is set into motion when an FIR / complaint is registered by the Police.

The Police then goes to do investigation. During investigation it collects proofs, statements of witnesses etc that indicate the commission of the alleged offence.

Then on the combined basis of the complaint and the investigation it arraigns the suspects as accused persons and forwards them to the nearest Court of law, or

The Police then submits a final report ( in case it doesn't get any clue or evidence of the crime ) or in other cases submits charge sheet alongwith other documents.

If final report is submitted, the complainant can protest against it and pray to the Court to still take cognizance (proceeding with) of the offences despite the Police's final report. If the Court doesn't then the case is closed ( & the victim can appeal to higher Courts), but if it does listen to the complainant then it conducts its own inquiry and proceeds likewise.

When the accused is brought before the Couirt or he himself appears before it, the allegations are read over and explained to the him and he's asked whether he admits his guilt or not.

If he does then the Judge decides his punishment, but if he doesn't then trial commences.

The Court then summons the witnesses named by the Poilice who had stated during the investigations about to the guilt of the accused.

 Now depending upon the dimensions of a particular case, various categories of documents, witnesses, expert witnesses etc. are summoned by the Court for ultimate analysis of the truth.

After this process is over, the accused is given an opportunity to adduce evidence in his favour to rebut the prosecution evidence. Ultimately after hearing the final arguments the judge pronounces his judgment.

Now you think for yourself, as to how many different persons have a role to play in deciding the fate of a case. Police, witnesses, scientific experts, documents etc. Unless each of them is pristine and honest in his task, truth is bound to remain buried. 

Therefore the next time when one thinks that a Court has set free a guilty, or that justice has been cheaply bartered, think again, what actually was bartered. It was some witness who got scared or got greedy and decided not to tell the truth to the Court. Or the investigating officer who coerced someone to lie. The Court is not powerless in such situations, but the witness harassed must complain of the same to it.

The article also states that "we have judges.. with exceptions ofcourse, who have bartered their integrity for immoral and unethical benefits". Such a statement is likely to give an impression as if judges getting exposed for their corruption is an everyday affair. Now we all know that is not true. There are allegations but very sporadic.  Even if we assume that they do, a corrupt decision making process by a Court ultimately is of no real benefit to the person who seeks to gain from it, since the suffering party can always get that Court's decision overruled in appeal. 

The concerned article cites a sad example of a pregnant woman Kshama Chopra was killed when a BMW rammed the car she was travelling in. The accused was granted bail by submitting a bond of Rs 50,000. Bail has nothing to do with punishment. Therefore it's wrong to compare the value of life of a person with the surety / bail amount as it is only a security for his attendance in Court. If he dodges the law then not only that amount will be forfeited but also the Court can issue non bailable warrant against him and if he still doesn't appear then it can attach and sell off his property and compensate the victim, subject ofcourse to the proper law in this context. Unfortunately it's the law that has been written like that. In a hit and run case, the accused is most likely arraigned under Sections 279, 336, 337 or 304 A of IPC. Sadly all these sections are bailable offences. Hence the Court is bound to let off the accused on bail. It cannot set a large sum of money as bail amount since that'd be indirectly creating hardship for him to get bail in a bailable case. However regarding Kshama Chopra's case, I could opine better if I could know under what sections of law the accused was charged.

The article has doubted the independence of judiciary in view of the Kasab's case. Please remember that the independence of judiciary is always measured in its decision making process not in execution of its orders. Since technically, execution of it's orders is the duty of the executive. Furthermore it is indeed unfortunate and unfair to doubt the independence of our judiciary especially after it's relentless vigilance and vindication of public interest in the 2G scam and after exempting Vodafone from crores of rupees of tax payment to our Govt or sending SITs hunting for the corrupt and the wrong . Though I've a lot to say about the Kasab's case I humbly refrain from doing so since the highest Court of our land is seized with it's adjudication. There will be a time for my view on it and I'll surely give it then in retrosepct.

As far as the Judges of the Supreme Court, High Courts and other subordinate Courts are concerned I'm nobody to vouch for their integrity. All I can tell you that as subjects of constant public scrutiny, judges accept tremendous personal restrictions in their lives, that is often viewed as burdensome by the ordinary citizen and they do so freely and willingly. They do not socialize as much as they wish to. Their whole life is spent avoiding places that shimmer with frolic and glamour. Restraint is an everyday indulgence. That's the cost they pay for they respect and authority they command in Courts. Taking stray examples of deviation and generalizing judges as hypocrites and arrogant is extremely sad. I've known judges, now retired, who have lived their life under so much financial difficulty, yet with their head held high due to the restraint and exemplary code of ethics that they practiced in their lives and in their profession. A simple tete - e tete' with them will leave you awestruck and in reverence of their wisdom. Let's not forget what the Courts of this country have done for us and our fundamental rights after independence. When there was widespread onslaught on cherished liberties by those drunk with power. Since I've pointed out the real source which could alter the fundamental problem of delay in case disposal, it wouldn't be out of context to remind ourselves that the Courts have and always will vindicate the stand of the common man. Despite all the discussed follies, judiciary remains the common man's last hope. No matter how much we criticize the judiciary, we'll still run to it when we face attack against our freedom, person, family or property, because deep down we know that things won't be the same there as they were in some other office or forum.

This article should not be construed as one written in an argumentative tenor against what has been written by my fellow blogger in her article "Justice in Jeopardy, rather it should be read as one written by an ardent believer in the goodness and fairness of our judicial system and a student of law who has a little first hand experience of the legal system.  

For related discussions read

The Conversation - II ((On Law & Justice ....)

The Conversation - III (On free speech, media trial & prejudice ) and

(On delays in justice, revelations about judicial process & more on free speech, role of media & prejudice... + A must watch Video)


WISH YOU A PROMISING AND HOPE INSPIRING 65TH INDEPENDENCE DAY.

My Article "Anna Hazare ji Joining Politics. Whose test will it be ? His or Ours ? " @ Vivid Magazine

In yet another encouraging gesture, Vivid Online Magazine has showcased my article about Annaji and his team joining politics and its significance, on their website.

My dear readers can read this article here .        

Thanks for your support.     

Anna Hazare ji Joining Politics. Whose test will it be ? His or Ours ?

This article is now available at Vivid Online Magazine.


Kindly read the article here and feel free to share your valuable opinions regarding this significant turning point in Indian politics.

(Opinions expressed in this article are the author's views on his perceptions of the socio - political   
   state of our country and are not to be inferred or construed in any manner whatsoever, as his 
    affiliation to or disapproval of any political party or any organization or any particular class of  
    people.)