Monday, 3 February 2014

 No political party is bad in philosophy but often bad in logic
     All political parties use to hold a good philosophy in giving good governance and a better economic stability for the nation. To woe the voters they present their manifesto. But even at this 67th year of independence no party has been able to deliver as per their promise to this biggest democracy of the World. It requires a thread bare study.
     There was a post office marked for a particular postal area. The government appointed a Postmaster in that post office.  As per the existing official procedure the post master virtually work inside the office every day. Moreover the Postmaster was not aquatinted to that area. He appointed a local lad as the postman to deliver letters in the area. By virtue of his longer years of acquaintance with the public and the locality, the postmaster has to depend on that lad to identify the concerned persons  of that area on official requirements.
      In course of rendering the service of delivering letters, people started offering him gifts and tips during delivery of letters. The postman gradually presumed that the tips were his legitimate dues. He started demanding more on the occasion of delivery of a parcel or a money order. When the tips were not up to his satisfaction, he started to commit mischief and at times he resorted to return a letter with his comment 'addressee not found’. The postmaster who was naturally not aware of the addressees was to endorse him while returning back the letter.
    Due to non-delivery of the postal consignments the local people agitated by castigating the postmaster as corrupt, and demanded his immediate transfer. He was transferred. And a new incumbent was replaced .Since the new postman was not acquainted with the area he had no alternative to continue work with that same local lad.
     Here in our story we mean the postal area as the 'state', the 'postmaster' is the periodically elected 'political masters’ and the 'local lad’ for delivering letters to public is the 'bureaucracy’. Barring few politicians who are in the politics business for long time, actually become the victim of his own ignorance by the corruptive practices of the local lad.
     In general practice, people criticise the political masters. But how much is their share of corruption in the system? Compared to the quantity of public servants, they are negligible. There are lakhs of crorepatis in the bureaucracy. It is the public servants whims which primarily affects a common man. Only on being aggrieved a common man approaches a politician, knowing little that the same politician otherwise depend on that public servant.
    There is a breed of politicians who are actually novice about the nuisance factor of the public servants. They dare to promise heaven to  the  voters. After reaching the office they fail in all aspects and get rejected by the public. The government is no doubt sovereign, but its exchequer is no charity. The economy is guided by certain principles. If you conflicts with its cardinal principles the result may be violent.
     Promising freebies may create a momentary benefit but it sow the seed of diminishing GDP. Assuring people to cut Electrical bill by 50 %.giving 20 KL of water per month free to every household, providing rice, wheat and pulses at Rs2 or 1 a kilogram, subsidizing on Kerosene are unethical and counterproductive. The political party’s offering such freebies in their election manifesto are far away from  sound logics.
    We are not absolutely against freebies. Budgetary allocation of adequate freebies must be made for absolutely incapable ones. Freebies can be sanctioned to projects which would generate earning for the common man. The politicians should appreciate that real empowerment always lies in creating an equitable society in which the people do things for themselves and for their own welfare. While giving assurance to the voters mind it, your logics should be rational.

Saturday, 1 February 2014

 People with power must be clean in their heart.
      When a system ig governed by certain rules and hypothesis it is called in sanskrit as a "Nithee"or a 'rule'. Artha Nithi(Economics),Kuta nithi(Diplomacy), Raja Nthi(Politics) and the likes.In other 'nithi's when the cardinal rule is violated, a wrong result is expected. But in 'Raja nithi', every odds can be accommodated.
     Politicians often say “in politics nobody is untouchable”, “nothing is impossible”. Forming a coalition government, or to weed out incompatible elements from the system etc.,although is not within the law, it happens in politics. Now a new thing is started-'sledging’. Major political parties are appointing spokes persons who are now authorised to issue sledging comments on persons of other parties. It was first started in a big way by Digvijay Singh of congress towards Narendra Modi of BJP followed by Beni Prasad,Nitish Kumar,Kumar Biswas. Now Aravind Kejriwal has created a new trend in sledging en masse from other parties.
    Few days back Kejriwal has released a list of politicians across all political parties to whom he brands corrupt in his own wisdom and has asked AAP cadre to see those are not elected to the Parliament in the coming election. This is called 'politicking’ or to throw a stone into still water to see who comes out. It is a 'Nithi' in 'Raja Nithi'.The public should understand these tricks. At all politics is practiced by persons who are not saints. Unless you break the rule, you cannot come to the limelight.RTI activism, conduct fasting at public place, creating public agitation, Gandhi giri, practicing non-cooperation is some of the chapters in politics. But these practices are episodic. When it becomes perennial, it turns into’ politicking'.
    Anna Hazare told that, he is interested in eradication of corruption from governance, but not in politicking. But Aravind Kejriwal told 'unless one enters into the mud, how can one be able to clean that’. Logically this hypothesis is appealing, but in reality it is politicking. It is a fact that, Democracy and corruption are both sides of a coin. Where there is habitation, rodents cannot be far behind.
    A system works perfectly on a machine or on an electrical circuit. But in a system, where the ICs, capacitors, resistors and the repair tools(bureaucracy and judiciary) consists of ordinary human beings who are not above mundane greed’s, it is not expected to function as per the cardinal rules. Because what is absent in a machine is "Attitude" which a human being holds. To our wisdom, only a set of deterrent rules can only develop fear psychosis among the persons with power. In China for corruption the incumbents is generally awarded a death sentence. In USA for tertian violations the fines are so high that the person in conflict of law will just think multiple times before breaking a rule. India should follow these rules now. Cases relating to corruption and adulteration must be tried in fast-track courts.A rule must be there to create deterrence in judiciary to deliver time bound judgments.
    In India we have been enjoying excess democracy. The country now requires democracy stew garnished with little bit of anarchism by really persons with patriotic philosophy to take out the system from the fathom deep of mud. The people of the nation must now wake up to select such a system, and should not be biased with the politicking by the persons who are in this profession to earn their livelihood.

Tuesday, 21 January 2014

                Legislature and bureaucracy are two subjects: Kejriwal to perceive

    In a democratic system of government the bureaucracy delivers the governance under the guidance of the legislature. They are portrayed as two legs of a democracy. None of the legs interfere with each other for smooth walking of the government. The legislature tells the law while the bureaucracy enforces that. This is governance in a democracy. Judiciary is the arm of the democracy to act as a watch dog to ensure smooth governance and to interpret the rule of law.
     A sex racket raid is a police function. The police is provided with arms to take action and given an Asoka emblem to wear for maintenance of law and order. Legislature may at best order the police for a raid, not to participate in a raid operation. If anybody from either of the wing interferes in their work the governance mal functions. The AAP minister who participated in a sex racket raid is punishable under law. Because unlike police his action in the case will be treated as an interference with some body`s personal liberty.
    Aravind Kejriwal was in bureaucracy. He must rise to the occasion.  His demand for suspension or transfer of three police officials for not coming to the terms of his Law Minister has demeaned himself and has exposed him bias to save the face of his minister trapped under controversy. He should know the credibility of his demand. Being a Chief Minister, demonstrating against police not only seems bizarre. It shows their inexperience to hold such a coveted constitutional post. The way he acted by  putting  Delhi as well as his government under siege for a petty demand has no doubt raised eyebrows of the enlightened aam aadmi to consider if the country will be safe in his hands.
    'Aam Aadmi' has become a movement in the country to express displeasure with the politicians who have failed in giving desired governance to the aam aadmi( Common man).People irrespective of age, sex, cast and creed started giving equivocal support to Anna Hazare`s  ante graft movement. It was not to support Aravind Kejriwal, but the hapless aam aadmi jumped into the fray to support the movement within the existing system, not beyond. Anarchism has no place in democracy. God knows how he could confirmed himself as  an anarchist and addressed the police force restricting him , to take leave and join his dharana.
   Now the situation has ripened to a never win state for Kejriwal. Even though the three police officials are transferred it will give bad impact on the AAP governance system. Hence by the agitation AAP is surely losing more than it has gained from its agenda.
    It is learnt that the Center has toughened its stand on Kejriwals demand and has decided to take any action  only after a proper inquiry. Delhi holds the national capital. Constitutionally the Delhi police is under the direct control of the central administration. Because any inaction will have an international impact. Earlier Sheila Dikshit government wanted to take the police under the control of the state, but had to contain in consideration of the national importance. Kejriwal should have referred to those earlier proceedings instead of creating an unprecedented fiasco.
     Although Kejriwal had declared slashed electrical tariff only for the poorer mass as a short term arrangement, his government has not yet issued necessary government orders to the concerned departments for the required billing. His much hyped grievance redressal mechanism has proven impractical. Delhi gets water from Haryana. He preferred to skip the Jal Board meeting yesterday which was to be attended by the Haryana Chief Minister than to appease his minister.Kejriwal must get aware that he is alienating more middle class supporters than its followers from the Delhi slums and unauthorized colonies. The enlightened middle class believes in work only. In the case, the underclass versus middle class polarization happens; it may not benefit the AAP, because it is the middle class support that possibly gave a pan-India appeal for AAP. Kejriwal`s  perception to be more a rebel  than an executive and to be both government and the opposition may likely to put off the educated middle class from perceiving AAP as a genuine alternative to politics as usual.
    Delhi has several inherent problems which the earlier Congress government failed to solve. Delhi has become an urban mess devoid of proper drainage system, efficient garbage disposal mechanism and required water supply facility. To prove their capability of taking responsibility to govern Kejriwal should concentrate in delivering his party`s pre election promises  in a sustainable way rather than indulging in perpetual agitation by creating enemies from the bureaucracy to the political rivals.
   
      
      

Monday, 23 December 2013

 Coalition politics in India and its effect

    Literally when no clear majority appears through a general election, more than one likeminded political parties enter in to alliance to form a parliamentary majority to form a government, while individually they remains a minority. Because each decision making will require a common consensus which is counter-productive.
    Legally a "family" denotes a group of individual members, where every member is subordinate to one another in the heirarchy.The senior most member is called the 'karta'.But when more than one 'karta'exists the institution get reduced to a "club" which is otherwise called a 'coalition' in politics. Because it reduces the dominance of any individual partner inside the joint venture.
    A coalition government usually works on a consensus based politics. Very often the component parties hold divergent ideologies which bend the government to disharmony tendency of factious. The parties may look probable mathematically but would be ideologically infeasible. A minor party may likely play the role of 'king maker' to gain far more for their support than their votes would otherwise indicates. To forge a consensus the leader of the ruling coalition may have to resort to silence in spite of their individual ideology of disagreement on a particular issue to get the coalition partners unified. In a decision making process there may be rift between the allies leading to tiffs among the ministers while carrying out the same due to existence of philosophical divergences in between.
    In some cases the coalition partners may collude to make a parliamentary discussion irrelevant by voting against the proposal. The V.P Singh ministry had to get dissolved when the congress party withdrew their support midway on Mandal Commission recommendation issue. Speaking on the issues of Labor reforms and disinvestment in 2005 the Prime Minister Dr.Manmohan Singh has exhorted that the extreme rigidities of the labor market have no doubt affected the country`s economic growth potentials. It was the limitation of the coalition government which he was leading had prevented him to carry out reforms in a big way. He conceded that there have been limitations in getting a broad based consensus in his coalition ministry to assert his agendas to move in a big way.
   At the national level the first ever coalition ministry was formed by the Janata party alliance under the Prime Minister ship of LateMorarji Bhai Desaion 24th March 1977 after the emergency rule, which lasted till 15th July 1979.There after the Indian Parliament has not seen a single party majority government. One has to agree that in India laws are being formulated according to the whims and fancies of powerful individuals while the administration remains bias. In a coalition ministry such unholy practices become the unwritten rule for works in government offices. A coalition government always breeds corruption, because the political partners in the government are encouraged to adopt corrupt means in fulfilling their hopes and aspirations.
There may be internal bickerings, lack of coordination among the ruling partners within the government in the pursuit of power struggle and would tend the governance weak. The government usually fails in delivering good governance to its citizens.
    Corruption can automatically contain in a single party led government. If the nation really in need of a cleaner governance it can only be available from a single party government. The citizens should understand the truth before franchising their voting rights. The media as well as the intellectual mass should guide the society for these societal transformations. A government generally runs by the executives. The elected representatives only make the rules and drive the government machinery. In India the administration in the single party ruled states have already proven success. The actual credit does not lye with the particular party but with the singular leadership within the governance.
    The United Progressive Alliance (UPA) is a conglomerate of 13 divergent parties. It is a mountainous task on the ruling party leader to harmonise them and provide clean governance to the citizens. Scams will happen. The ruling leadership cannot be made absolutely accountable. Detoriation in politics reflects detoriation in societal structure in the nation. If public continue to vote on the basis of region, religion and caste basis it will be difficult for the honest people to win in an election. The citizens should vote a party which will have absolute majority in the house. If a regional party is expected to achieve majority at the state assembly there will be no harm in voting them. But if they were going to be reduced to a coalition partner at the national level, it will be counterproductive in voting in their favour.
    The Delhi election mandate is a burning example.None of the parties has a clear majority to form a government and incidentally none of them has any compatibility with each other. The voters should have been more sensitive in voting any single party to get good governance if their pre-election manifesto have ever pleased them.
  
   

Tuesday, 3 December 2013


  Unless you know, how can you handle

  In the intervening night between 2 and 3 December 1984 a historical industrial disaster was taken place at Bhopal of Madhya Pradesh. Since then after every anniversary we have been commemorating the day as the 'Bhopal day'. People of Bhopal used to make demonstrations while industries across India have been observing the day for venting out their feelings. Legal battle is still continuing even after a lapse of 29 years.
   On this during dead of night a chemical named Phosgene in liquid form leaked out from a mild steel tank. That chemical when got contact with carelessly left floor washing water left on the work floor got converted into methyl isocyanate(MIC) gas. That gas gradually became air-borne and started picking the wind direction. Since the gas was little heavier than air, being air-borne defused across the locality up to few kilometers distance. Persons who were asleep in that zone were seriously affected or died. Those who were travelling on road got severe eye irritation. In that incident, almost 3000 civilians died and several thousands were affected to various degrees. Steel today many people are suffering its after effects.
   All chemicals have specific properties and needs specific storage and handling techniques. With rapid technological development, thousands of new research and developed chemicals are surfacing every now and then, while most of its users are procuring and using those without knowing its physical, chemical, lethal characteristics and its antidotes, but with their technical names. Freon is one of the widely used refrigerants used in house hold refrigerators. Very few people know that if after its leak from their instrument comes in contact with electric spark, it would produce Phosgene. Unless you know, how can you handle? Hence 'Bhopal Day' is rather was an 'Ignorance day'.
   Phosgene is incompatible with water. If the workers would have been made aware of that, the sweeper or the floor supervisor would not have left water on that floor. It is common sense that, if polluted air is blowing in one direction people should take the other way. Since MIC is water soluble persons could have drenched their cloth and covering their face with a wet cloth they could have safely gone to a safer place. As per law the user has to disclose such information to the administration and to the local public. But as per common sense everybody should know these basic safety tips. Nobody did their duty with due diligence and reaped the dreaded consequence.
  At the aftermath, passing buck on others is hypocrisy. People generally take the easier path to learn by experience. The post disastrous scenario could have been minimal, had proper emergency measure taken by all concerned. No businessman will venture for any culpable homicide unless he has any criminal intent. It is not wise to call the factory owner a killer. Fault was lying with everybody. The burning example is the recent management of Phaillin scenario by the state and the general public who were educated by experience from the Super cyclone during 1999.Let us at least be educated by experience to become a Conesus citizen without accusing others.
   

Sunday, 1 December 2013


  When a link is weak the chain is weak

    It is believed that the Democracy in India stands on four legs. They are 'The Legislature', 'Administration', 'The Judiciary" and the "Media’. These four legs used to complement and supplement each other. When any of the legs becomes weak it causes an imbalance in the set up. What is being observed now, all legs are becoming weak.
    The legislature is being handled by the elected representatives. Since they are pulled out from the common men they may not be experts. Hence the administration which is handled by the properly trained persons is to interpret the required legislative intentions behind legislation and accordingly enforce the same. Since administration works through a system, there may be certain deviations from the desired principles of law. The third leg, the Judiciary then comes to picture which interpret the law.
   The common men who are in the society used to bear the brunt of the administration use to franchise their right of information and right to speech through the Media. Even though the persons in Media are not paid servants of the state they are regarded as a part of the democratic system of governance and is understood as the fourth leg for keeping equilibrium in the system. There is a Press council of India which regulates this body in the country. The persons working in this noble profession are believed to be the 'vox populi" of the state and are expected to be of truthful integrity.
   Persons in the administration and legislature are likely to be corrupt due to their wielded powers in their scope of functions. But it is unfortunate to see the persons from the judiciary and the media in that ship. As far as out of the way pecuniary gains are concerned it is the duty of the state to bring them home. But when they encroach into criminality, it becomes intolerable for the society. In such cases they should be treated as malignant in the society, who ever and whatever personality they have been holding.
   Sexual harassment at work place was there in our society. But after the entry of brave and educated women into the professional fields, the scenario has changed with the promulgation of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act which brands such act as crime. Similarly after the gang rape and murder of a medico student on 16th December 2012,The Criminal Law (Amendment) Act, 2013 the scope and definition of rape and also the punishments thereof have been stringent.
    The amended Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, that provide protection to women in unorganised and organised sectors including the private sector, has now a wider arm to catch more worms after The Criminal Law (Amendment) Act,2013 has come into force from April 2013.Like US system the women have been empowered to complain on past events whenever they feel proper. The Retired Supreme Court Justice A.K.Ganguli and Tehelka   Editor-in-Chief, Tarun Tejpal are the new catches under the Act after Asharam Bapu and his Son Narayan Sai.
    All the cases are similar in nature. But the time of their occurrence varies from few weeks back to years back. In all the cases the accused persons are big shots. But Tejpal is from media while the Justice is from the judiciary. Both of them are from the legs of democracy. While police handles Tejpals   case  the Justice case is being handled by no other than the Chief Justice of India. It is quite natural that the accused will always plead him innocent. But they have to prove that too. These cases are sensitive to the society. Let us wait for the judicial findings in these cases. If the accused are found to have a trace of involvement we demand the harshest punishment for them owing to their statures to be examples for our future generation.
   One should remember that the strength of a chain is equal to the strength of the weakest link in that chain. To make the chain strong the weakest links need to be discarded. Odd men in Judiciary or the media now forms the weakest links in our societal chain that are needed to be discarded from the society.
    But if the allegations are not proved then, the very amendment laws are further amended with a limitation clause depending on the severity of trauma with the victim. The Criminal Law (Amendment) Act, 2013 is gender sensitive. It may take the turn like the Domestic Violence Act which is in real life is no gender sensitive. Cruelty happens to the husbands. Wives are now entering syndicate crime to kill their husbands. Hence the amended acts need wide spread debate for an amicable solution.
   

Sunday, 3 November 2013

Women empowering or engendering?

 In our government many plans are hyped as aimed for empowerment of women. Plethora of regulations is being made or amended every now and then for empowering women and control atrocities against them, may it be in the social or professional environment. This particular move has been inherited from our religion which is based on patriarchal school of thought.
    Our ancestors have given sermon that a woman cannot survive without a support like that of creepers or poetry. On her childhood she will depend on her father or brother, on her youth she will depend on her husband and on her old age she will depend on her son. It is ridiculous. When you arrive on this earth you were nourished on your mother`s lap who is a female. How you will turn into her support. She has cultivated you, and you are simply her crop. Where the critical point came from which you turn into a support?
     Our religion sermones the society to pay regards to the woman. Government stresses on woman empowerment. Our religion also advocates engendering the endangered ones. It means our ancestors have compared women as an endangered species like certain animals or birds. Our government and NGOs are  used to audit how much has been done for the empowerment of women as a part of their audit. This implies that our basic assumption is women are weak and need active support.
    Let me be clear at the outset. I am submitting below my personal views on this issue. Scientifically females have a pure dNa in x-x chromosomes, while the male have x-y chromosomes which is a mixed one. Therefore metabolically females are having more resistance capacity than those of males. Literally the word “male" is lapped in the word"FE-male".The word "man" is lapped in the word "WO-man”. When a man is addressed as "he" a female is addressed as "S-he”. Where from the idea came that woman is a weaker sex?
    Character-wise women are brave internally. The moment an enemy attack her loving one she would jump to fight. But the reverse is not true. The male will think to save his skin first. Hence women are not born hypocrite.
Women are strong minded, self esteemed, caring, considerate and respectful to the respected ones. They have enormous mental confidence and comparatively have more intelligence than males.
    The society as well as the parents should rise to the occasion and awake their girl child of their real prowess. Their mindset should be rebuilt from their childhood. Telling them that she is a girl and an inferior sex than her brothers or telling them that they are mothers etc. are only patriarchal sermons. Teach them about "Rani Laxmi Bai"or "Sultana Rezia",not about "Rani Sati"or"Pancha Kanya". Teach them the techniques of self-defence rather than cooking up to her adolescent days.
    Our religion says a man marries a woman for procreation."Putrarthe kriyate bharjya".Science has already proved it wrong. A child can be made to born in surrogate way. No need to have a wife for that particular purpose."Putrarthe kriyate bharjya" is no more a gospel truth. Let our sons or daughters decide their own to marry or not to marry. Free them for their self sustenance. They know how to live in their own way.
    In many societies women are treated as a sexual object. They are being  sermoned  to gratify the sexual urge of their husband as and when they desire. Some religion even allows the husbands to flog the wife if she does not cooperate in time. Even in certain societal customs women are treated as an object of business. These are negative mindsets, and retards woman empowerment.
    In many occasions girls appealing dress attract them towards opposite sex. Mind it if you indulge in that get prepared to consummate the same. If we really want to equalise females with male our first approach should be the same dress code. No exhibition of your growned up curves. Ban sarees, Salwar-Kammez etc. Loose pant and loose shirt be the common dress, barring the under garments. Secondly let there be detailed sex education classes from the upper primary level of education. Let the taboo of discussing sex with others be unveiled. Let consensual and safe sex be free from legal restraints after attaining adulthood.
   Very often cases of rape followed with murder are happening in our society. Many atrocities against women at work places owe its origin towards sexual advances to a female from a male member. Let her be Madhavi or Itishree or a Bebina.Our legal system is so orthodox that a court prima facie does not presume the accused as the convict. It is onus on the part of the victim side to prove the accused to be a convict. Again in a rape case very often the woman prefer for not to go for legal remedy for fear of facing the typical queries of the defence  lawyer, or being unable to meet the legal expenses.
    The other part is the legal process. Take the case of Madhavi and Itishree.These are cited of being burning cases. The similarity in all such cases are, first the victim would give written complain to her senior, then she will file FIR with the police, then she would go the women commission. After that some day she would be killed, the government will entrust the crime branch under them to investigate. Then the net result is known to all. Even if the victim wins the judicial procedure in this country is so lengthy that people would forget the issue. Again juveniles are now a day’s committing crimes which are generally not expected of them. Our juvenile justice system is a blessing in disguise for those delinquents. Recent Kendrapada rape and murder, Delhi`s Nirbhay case are examples, how embarrassing the juvenile justice system in our country.
      However laws are made by the people for the people. Laws made can be amended. Our judicial punishment philosophy is based on reformation. Hence it is limited to fines, simple imprisonment, rigorous imprisonment and capital punishment. If we look into the shastras of different religions punishments were made for deterrence. It should be. Days are gone when the Ratnakar became Maharshi Valmiki. Professional criminals are using our jails as their safe office to run their crime syndicate from within the bar. Time has come to debate on such issues. Jails have some sanctity where we expect the inmates to change them and make them molded to come into the main stream of our society. But now its use has been just reversed.
    After a murder after rape people emotionally demand capital punishment of the culprit. After the much hyped Delhi gang rape-cum-murder case our laws were amended for stringer punishment. Does it help the system? Laws are made to be broken. I think our country have so much laws that it has become a mess and opens way for the culprit to escape through the other route. Now time has come to consolidate our overlapping statutes. Capital punishment should only be kept for treason, anti-national activities, food and drug adulteration cases which can lead to mass killings. Mutilation punishment should be included in our penal system for deterrence. For example:
  - When  a  woman complains of rape let the court order his arrest putting onus on the accused to prove him innocent.
  - If convicted mutilate his genital and let him live in the society of being deprived of that hunger.
  -  In similar manner punishment for other crimes be devised. For white collar crimes, let heavy fines be made as is followed in China and USA.
    We strongly feel that in our present materialistic social system crime can only be controlled with such type of penalty else no improvement can be achieved. Only the number of Bebinas,Nirbhays,Madhavis or Itishrees will go on added up to the list for woes of the society.
  

 

Saturday, 21 September 2013

If you can fix the kid, you really should try.

          Debates have sparked on control the growing involvement of juveniles in sex related crimes across the country. Juveniles are persons within the age group of 15 to below 18 years of age. Biologically these persons are immature and easily biased to petty crimes. The judicial system prefers offenders in this age group  to bring them back into the main stream of life rather than to send them into the jail, where they may turn into hard core criminals by coming in contact with criminal inmates i. Rules are being made to send them into reform homes on being convicted in a crime. Juvenile courts are also being constituted in every district to investigate their cases.
    Many cases of rapes, rape following murder and several heinous crimes are surfacing now – a -days where in juveniles are involved where such crimes not expected of their age. On last year 16th December late evening the youngest accused in the horrific Delhi gang-rape case was found involved in the terminal act leading to the death of the 23 year old victim. But unlike his five partners in that crime, he got a 3 years sentence in reform home while death penalty was awarded to the rest. In last month on 22nd afternoon one juvenile has been found involved in a gang rape of a 23 year old paparazzi  along with other four adult partners. He is likely to come out clean after a maximum of three years.
     In another incident a 13 years old girl was allegedly gang-raped on 15th of September recently by five teenagers while she was playing near her house in Guwahati. The five accused have been caught and they all claim be minors, between 15 and 16 years of age. The police say, those teen agers allegedly dragged the girl to an abandoned house nearby and gang-raped her throughout the night.
     This incident now aroused countrywide debates on the Juvenile laws that provide for three years sentence in a correctional home as maximum punishment to a juvenile offender for any degree of crime not expected from persons of their age. Unless necessary judicial review of the present regulations is made the society is likely to come across more such events.
      According to the dictionary meaning "law" and "justice" have separate meanings. As per the Rule of Law, \'"Law is equal to all\' .But "justice" requires logical consideration in defining the quantum of punishment for an offence. The IPC also considers  several parameters  like age, antecedents, instinct, responsiveness, circumstance (self defense, provoke,) probation of offence, social status of the offender and prospect of reformation before arriving at  the quantum of punishment  for the infliction of law..Depending upon the prudence of the Judge who is a normal human being sometimes justice may likely to be miscarried. The Goddess of Law is always blind folded while the Judge looks into the parameters of justice. Hence it is called’ judicial sentencing\'.
     Let us come to the logic part. Jurisprudence always based on social customs which are commonly followed for a long time. When a juvenile make an intercourse with a woman, she will conceive in normal manner. Means the nature treat them as adults in such acts. Then why not to have a graded response for the juveniles engaged in heinous crimes? Several developed countries including UK, USA and France also adopt graded response for heinous crimes by juveniles and they are being tried like adults.
     In Florida three teenagers accused of setting a 15-year-old Michael Brewer on fire over a $40 video game debt were tried as adults in 2010. Two dozen teens across the country charged with committing extreme acts of group violence also tried as adults. All of the juveniles charged in last month\'s gang rape of a 15-year-old girl outside Richmond Calif high school dance festival were charged as adults.
    Jesean  Callender, a  15 year old boy is one of the two teen ager who  was charged with delinquency of murder  of Kaewaun D. Coleman a student near Linden-MicKinley STEM Academy  on 17th January this year. On August 28, 2013 a Franklin County Juvenile Court judge ruled that he will be tried as an adult in the shooting case.
   Two teenage boys charged with the murder of an 88-year-old World War II veteran Delbert Belton in Spokane Wash. Both 16, have been charged with first-degree murder and first-degree robbery. Both teens will be charged as adults, according to Lena England, secretary for the gang unit of the Spokane County prosecuting attorney’s office, which is handling the case. Each was being held in lieu of $2-million bail, England told the Los Angeles Times.
    In most American states, the jurisdiction of juvenile courts is automatically waived when a juvenile above a certain age, usually 13 or 15, commits a violent or other serious crime, and the case is automatically transferred to adult court. The minimum age for criminal responsibility in England and Wales is 10 years. The Crown Court can sentence children between 10 and 18 years for 14 or more years\' imprisonment as adult offenders. In UK, a person under 17 (the cut-off for juveniles there) can be tried as adult in serious offences like sexual assault, child sex offences and sexual activity with a child family member.
    In the best interest of public safety, If you can fix the kid, you really should try. The decision of the WCD ministry to propose amendment of Juvenile Justice law to try the juveniles in the age bracket of 16 to 18 years of age as adults is a welcome move. Such amendment will be a piece of judicial activism to deter smaller kids from heinous crimes.
 

Monday, 10 September 2012


                                        NATIONAL INTEGRATION IN INDIA - A critical study
               Literally national integration is a subject of national sovereignty and integrity. In reality it is spirit of the nation, the essence of national polity and necessarily the bed rock of the country’s stand among its equals. It cannot be in black and white only. It is perceived from the national sentiment in its policies, politics, culture and status in the world community. It is natural that in a country there will be people from different religion, sect, social stigma, language political philosophy, but when some issue relates to the nation there shall be unity in spite of all diversities from within. It is also natural that all nations have their own written rule of law as regards to their internal and external policies and self governance.  It is required to be adhered to meticulously. No clandestine dealing as our neighbors follows. The internal political system should necessarily be people friendly, transparent and sustainable. The leaders and the bureaucracy are necessarily to be devoted and ready to compromise with their greed and culture determination to do something for the nation.
                   India has got the distinction of being the greatest democracy in the world with a population of more than 1.2 billion it has a federal state of governance comparable to some extent with the USA. It has well defined central and state functions. The rule of law of the country declares it as a sovereign, secular democratic republic. The citizens are enjoined with fundamental rights as regards to equality before the law, freedom of speech; education, decent living, and constitutional remedies there shall be no discrimination on the ground of religion, race, caste, sex and place of birth. There is clear cut directive principle of state policies to maintain the centre and state relationship. In this country 1652 languages and dialects are spoken. Out of those eight regional languages has received constitutional status of official languages regionally. Although Hindi language has been the lingua franca the constitution.official and court proceedings are conducted in English language. Parsi and Arabic legal terms are yet used in court proceedings. After 65 years of getting independence from the British we yet hold British Parliamentary proceedings as conclusive  proof under our Evidence Act.Our penal code till date has some antique penal provisions which our foreign rulers had framed in mid nineteenth century. Although our nation is perceived as the Hindu main land,our Muslim population is no less than any individual Muslim nation in the world community. People from all religions in the world lives in this country with equal dignity.
          Our pre-historic era has got a rich heritage both in the field of science, culture and education. As our ancients writings depict, the science of law of gravity, Astronomy, ballistic missiles, atomic theory, in vitro fertilization, use of helicopter and many things were known to our ancestors. The God has several times preferred to take incarnation in this holy country. We have the GITA which contains solutions for all worldly  issues the mankind has yet faced. Our pre-independence history describes the heroic deeds of our brave freedom fighters and the martyrs. We feel proud of our leaders who had participated in our freedom movements. Our national anthem, national emblem, patriotic songs and slogans continuously keep us remembering our past heritage for national integration. National gallantry awards for our soldiers police awards; bravery awards for the civilians are given each year to recognize the excellences in their fields while padma awards are given for cultural excellence, Ekalabya award, Rajiv Gandhi Khel-ratna awards are given for excellence in sports  and many more.. These felicitations are nothing but to energise the spirit of national integration.
                              Like other democratic nations  India has a “National integration council”  functioning since 2nd June 1962 with a mandate to resolve the issues related to the sovereignty and integrity of the nation. It has been constituted with 150 senior politicians and the Prime Minister on the chair. But it has only the advisory capacity. Till date under its recommendation the Parliament has enacted a regulation in the name and style of “The Unlawful Activities {Prevention} Act to curb the divisive forces that are down grading the integrity, peace and tranquility inside the territory.19th November, the birth anniversary of the late Prime Minister Indera Gandhi is being celebrated as “National Integration Day” in India. The day is celebrated with various brain storming programs and fanfares in different forums to remind the necessity of the spirit of unity among the existing diversities.
          But in India there are peculiar diversities which probably continuously acting as a negative force in the pursuit of feeling united among the Indians. Even though the constitution of the country does not support regional feeling, ghetto within religious groups’.The provision for reservation in the field of  education, employment in certain government sanction persists in India even after 65 years of getting independence divide the Indians among within for which law and order problems very often arises affecting the peace and tranquility in the society including loss of lives and properties. The vote bank politics, bribing the voters, lack of transparency in amassing election funds from the late 60s had made the Indian politics congenial for the entry of greedy, corrupt and persons with criminal back ground. Many selected representatives who proclaim themselves as revolutionaries in politics are settling their arguments at the point of gun. There has been brazen use of money in getting a party ticket and nepotism in the political parties has gradually eroded the ailing Indian democracy. Now a day’s an expecting contestant in Sarpanch election is venturing to spend millions of rupees. During last four decades the Indian voters has not been able to select a single party majority government. When corruption has earned stronghold inside the politics the Indian bureaucracy has not been far behind. Most leaders are found disinterested in reforms but to amass money for their future ambitions. The leaders having certain determination to do something for nation building are pushed to sides or struggling as puppets. The economic scandals of billions of rupees from the government sponsored projects have upset the Indian voters who in contrast has been developing sense of misbelieve towards the government functioning.
               According to the “Economist” magazine the key economic reforms in India are seemingly stuck in the bog of messy coalition politics while the government is struggling under avalanche of corruption scandals.The politicians and the bureaucracy are combined in preventing the country from fulfilling its vast economic potentials. The politicians who are out of touch are portraying the country as a victim but not as a victor. “The Times” magazine  comments that, the nasty divisive political climate in India has actually cooled down the economic growth of the nation while inflation is remaining high. India now can only come out of this era with the entry of dedicated and energetic leaders who are ready to compromise their greed and lust for the sake of the country. Due to reservation politics for the members from the indigenous castes and creed there has been dearth of good teachers, scientists, doctors, engineers and economists in the prestigious educational institutions like IITs, IIMs, IISc, AIIMS and many other such institutions of international repute who  are gasping with shortage of experts while many scholars in the discipline are leaving this country  in search of similar jobs elsewhere and has been showing their excellence in their professions. The economic reforms procedures although are being planned excellently the country is virtually not getting the desired benefits out of those plans. The gap between the rich and the poor is continuously increasing while the middle class is expecting further openings in the economy and the poor want the states to invest more in health care, education, infrastructure and agriculture sector and to check corruption in government.
           Ironically when this country has been spending trillions of rupees in poverty alleviation programs since 1975 and officially providing free nutritious food for 23 million children under the age of five years and 4.8 million expecting mothers 300 days a year, 120 million school students are provided with mid day meal every school day, as per UN report 47% of Indian children are suffering from malnutrition. This figure stands at 35% for the drought stricken Ethiopia. The 2005 World Bank report India stands at the 12th position of the wealthy nations with a multi trillion US dollar economies. The Forbes recent publication has identified 23 Indian billionaires with a net worth of 99 billion US dollars more than that of Japan. But India is continuously witnessing hunger deaths, unemployment among the emerging youths. These are said to be the tips of the ice bergs. There exists an underground economy in which trillions of black money is being amassed by the corrupt s which is being continuously stashed away to the foreign banks while the tax payers are gasping with additional taxes and the country is suffering from macro-economic imbalances. The government is remaining tight lipped on the issue while an Ombudsman bill where a small man can register any governmental apathy on him has been shuttling in our Parliament since last 46 years to get a presidential accord. While this country is spending millions of dollars of foreign exchange in importing food grains and vegetables officially 40% of the in-house products get perished with the cultivators for those could not reach the market in time. The amount of food grain and vegetables get perished in India annually is almost 1.2 times the total such produce in Australia.
         Actually national integration is a joint responsibility. Such feeling should be an urge of the citizens from within. The selector cannot tolerate to be in darkness while the selected enjoy  the fruits of democracy. Days are gone when people were content with “so se ashi beiman phirbhi mera Bharat Mahan” syndrome. Unless the corruption is put under control the mathematics of national integration would remain as a far dream and would end up in National differentiation with all its limits and derivatives

Monday, 20 August 2012


CREDIT BASED EDUCATION-A timely good step

        
            Credit based education is an alternate means of education to the conventional system of education which follows examination with pass-fail syndrome. Unlike the conventional system where the student has to clear a particular course by attending classes throughout the particular course duration, in a credit based system choice lies with the student to select a course and his own pace of completing the course. In addition the student gets the mobility option to change the institution once or twice, may it be inside the country or at a foreign Institute while pursuing the course and also the flexibility to complete the course while he may like to be in a job and matching his time availability. The institution also facilitates the mobility and flexibility of the student in such a credit based system of education.
            A credit or more specifically a credit - hour refers to one hour class time per week per semester. Similarly a two hour class time per week per semester refers to two credit points. A student can go on building credit points to his/her account by way of attending classes, completing the practical and project report tasks in accordance with the course design. For example an associate degree in an American university require 60 to 64 credit points , while a Bachelor degree require 120 to 128 credit and a subsequent Masters degree requires 30 to 37 credit points. The most important aspect of the credit based education is this system shifts the focus from the conventional teacher-centric to student-centric education. All the activities of the student in the process of learning including the time spent in attending classes, preparation of reports into digital form according to a formulated principle and credit points are awarded. If a student changes the institute or the university and get admitted to another institute then his/her credit points are automatically transferred to the new course coordinator for facilitating continuance of the course. Hence the system has to respect the learner’s autonomy in changing the place of learning and their pace of learning requirements.
               In allocating credit points different universities follow their own grading systems. In a pre designed course module according to their performances the learners are placed in their ability band based on their scores earned in periodic tests. The course coordinator thereby identifies the lacunae if any and takes necessary remedial measures by framing the teaching strategy and the pedagogy. Although the initial course design is an additional burden on the course coordinator, this system overcomes the conventional time consuming examination system. The system moves from quantity to the quality. The problem of lecture attendance becomes a non-issue. The continuous grading system suo-mottu improves student attendance The Deans have to supervise if the things are on right track. The positive point in this way of learning is that; the student can on-line peruse the course requirements, accreditations, the teaching system, the availability of technical support, course fees and the credit transfer system before he chose the course and the institute. Again this system provides job based learning solutions and can extend to the work-place skill development of the learner to improve his intellectual excellence  which may boost up employer’s perspective .Such type of teaching system integrates the learning, teaching research and the third-stand agendas. Therefore the higher education institutes (HEI) get scope to extend their activities in imparting work-based education to reskil employees of the enterprises and increase their respective market share. Evidences show that work-based education is always cost and time effective and provides facility to the learner who desires to learn while at a job. As Professor M.S.Ananth The Director of Indian Institute of Technology. Madras commented on this issue in a 2003 seminar that this concept of higher education helps the students to cope with the changing market requirements and the use of these new tools for changing applications so that they can turn into wealth creators. In a credit concept
-       good students opt to go for maximum credit points,
-       students interested in research  related activities may opt for lesser credit points
-       students can translate their innate capabilities to score credits
-       students get the opportunity for pursuing more than one discipline to increase
their horizons by getting flexibility to choose.
With all its good nesses credit based education has been gaining momentum round the globe. In European countries this system is called European Credit Transfer System (ECTS) .in Australia it is National Qualification Framework (NQF) while in UK they call it Credit Accumulation and Transfer system (CATS) .In Japan and China this Pan-American protocol is widely followed. In India a National Knowledge Network (NKN) has been in operation with a target to link 31000 colleges and Universities around the world through a system called National Assessment and Accreditation Council (NAAC) and to offer 1100 type of course modules supported with UGC approval.
                 In the post globalization scenario the completion among the business enterprises has been so stiff that they have to work against all odds from social, environmental and in-house labour related problems. The work can not stop for anybody. Total Quality Management (TQM) policy is being followed every where for uninterrupted production. The TQM in one sentence is “no one is indispensable for any work”. Hence the enterprises demand for professionals who beside his/her basic education and training shall have domain knowledge in social, environmental and labour issues. It will be no astonishing if a Computer engineer will be required to design the architecture of a network in a large enterprise or is required to solve a complex real life situation. For the success of the entrepreneurial activities the workers need be good managers having required communication skills and ability to work in cross cultural teams. This multifaceted training for its employees is what the enterprise can expect from this credit based learning concepts. Job after education is becoming an old concept rather education after the job should be the new mantra.
                                                                   -  0  -











Saturday, 18 August 2012


DEMOGRAPHIC DIVIDEND- How much India getting the advantage


           Demographic dividend is a subject of population of a country and its effect is a complex socio-economic issue. The developmental planning of the country must consider the population growth rate to garner the positive effects in all possible means. According to the economic theory where the market is strong the currency of that country stands harder. But peculiarly the geographical region covering China, India and Pakistan which contribute to one-third of the world population and have strong captive market and the global business community making bee-line to establish their presence are suffering the impact of Euro-debt crisis which has resulted in continuous nose dive of the Indian currency since  a year or more. The sultans in the Government are only promising green to its citizens and passing the buck to the Reserve Bank of India to take some fire fighting measures. This raises question, whether there is any policy or only politics in the Government
                   The present trend of one or two child concept in Indian families has resulted in social, cultural and economic changes in the society , which must be utilized to get the best out of that. There has been increase in the number of smaller families. In many families there have been more earning members. The dependency ratio in families is decreasing and the youth dependency rate drastically reduced. According to the I.L.O concept the children up to 15 years of age and the persons who have completed 64 years of age are considered dependant to a family while the persons in the age group of 16 to 64 are considered earning and self dependant members in a family. Therefore the Total Dependency Ratio (TDR) can be mathematically derived as:
             Children up to 15 years of age+ Persons above 64 years of age
 TDR = ------------------------------------------------------------------------------------- X 100
                   Persons in between the age group of 16 and 64 years

Higher the TDR value higher will be the economic pressure on the net earning of the family and vice versa. In the Indian context there is un-employment problem But the equation remain true. According to the Indian census data taking 1961 as the base year, by 2001 the percentage change in various age group are:

Year of            Population change rate within the age group of
Census             under 14 years          15 to 34 years        16 to59 years     above 60 years
1961                     41.0                            34.43                       53.30                    1.80
2001                     35,3                            31.79                        56.90                   7..4
 

  This shows there has been increase in the earning group and the ageing group where there has been a diminishing trend in the child population (0 to 14 years) and in the reproductive group (15 to 34 years.) Hence there has been a diminishing TDR .This indicates:
-       more earning members in the family means entry of more persons in the labour force,
-       more family income means better nutrition, better education to the children, better
health care and better living condition are available to the families and there is more saving to the family purse.
-       Cultural change in the family institution resulting in smaller families ,increase in one
person family ,postponement marriage, rise in divorce rate among the newly weds, decline in fertility rate among women.
-       More and more women folk join employment to feel at par with the other earning
members in the family.
   
  More earning member indicates inflow of more labour force to the market. This will require proper planning for the use of this intellectual property which should cover planning to give them proper education and training suit themselves to the market requirements so also generation of suitable employment for them inside the country, else they will be encouraged to leave the country in search of suitable employment.
  
    More family income beside its positive aspects of comfortable living conditions enhances more savings, means increase in the number of small investors to the capital market and country’s domestic savings and increase in the purchasing capacity of the individuals. Better nutrition and better health care will lead to decrease in mortality rate. This will affect population ageing; means there will be more elderly persons in the families.
Postponement of marriage, combined with decline in fertility rate among women folk indicate availability of healthier women in the families and also in the service sector which has its special impact on the society as a whole. In Japan, Europe and North America each family having fewer children or no child at all has shown a disproportionate number of older people in the families. Soon East Asia will suffer this syndrome. This negative effect will increase pressure on the state exchequer for the payment of pension to the senior citizen In China the one child policy over the past several decades has resulted in increased population ageing. At present 38% of the population in China comprises of children below 15 years and ageing persons above 64 years of age. The U.N report on population in India also predicted that the present trend of decreasing youth population (15 to 34 years of age) will further taper off by 2030.
     According to an Indian labour report about 30 million youth will enter into the labour force by 2030 only India. It will then be a gigantic task for the country to handle that huge human intellectual capital. A two day long “One Globe-2012” conference was recently organized in New Delhi to brain-storm on this issue where in many speakers stressed on how to prepare those youths with necessary professional training and education such that the nation could churn out best of them to garner the fruit of demographic dividend. The union minister in charge of HR and CIT Mr.Kapil Sibal who spoke in that conference stressed on private participation in such skill development programs since the government alone will be unable to handle the huge task. He also suggested for widening the credit based education system through which both the regular and working class people could be benefited He informed that a National Knowledge Network (NKN) has started in our Country which is at work to link about 31000 educational institutions around the world and to offer 1100 open courses for need based skill development. It is also a fact that literacy and skill development of the country’s working class plays a vital roll in productivity.
      Whether India is prepared to garner the fruits of this demographic dividend? After 64 years of getting independence India is at the 67th position at the poverty index, that is much below some poverty stricken South African countries. The national literacy rate is hovering around 63%. Many government managed schools are of poor quality, lack infrastructure, even with no sitting arrangement for the students. Many schools in rural India run with less or no teacher out of whom many are not even fit for their job. There  are reports that many school premises  due to their continuous non-use has turned into camps of the security personals or naxal teaching seminaries. The schools in cities are also not in good shape as seen from the results they have been showing. There are some counted highly regarded state owned institutions like the IITs, IIMs, IRMA, IIFM, AIIMS, and IISc. which are producing counted number of graduates, majority of whom are opting to leave this country in the pursuit of higher education or better employment after passing out Some high-tech organizations have set up their own academies to prepare their selected personnel while many meritorious youth are a strayed due to non- availability of required opportunities.
      Another lacuna with Indian government is, there exists more politics than policies .India’s much hyped protective discrimination policy that reserves close to half of the openings in the professional fields for the members of the indigenous tribes, dis-advantageous castes and other minority and unprivileged groups which has resulted in shortage of top quality teaching staffs in the premiere institutions in this country.
           On quantitative aspects in India only 10 percent of the youths get higher education. A growing number of students are now entering into the mushrooming low quality colleges which are no better than teaching shops and degree mills. According to a NASSCOM release only one in every four engineering graduates have employability in private sectors. As per the government report only 3.6% of the national GDP was spent in education sector in the 2007-08 financial years. This shows the poor state of affairs in our policy planning. While delivering a lecture on this issue Professor Philip.G.Altbatch, Director of CIIE Boston
and Professor N.Jairam of Tata Institute of Social Science they commented that the promise of demographic dividend may not last long if India would not reap its advantages within a couple of decades .Commenting on the infrastructural lacunae in the education system in India a Swiss Professor Carl Gustove said “the wines of youth is not clear and it grows turbid”. Some critics even says that the: demographic dividend that has come to fore has its origin in the catastrophic policy error of the Government In Prime Minister Indera Gandhi’s ministry where the cultural revolution pushed the population control through the programs of forcible sterilization of women in rural India.
     The 2008 global financial melt down scenario had also pushed back the Indian economy due its faulty economic system. The presence of less policy and more politics syndrome in government has caused to see smart and educated youths at the streets and voicing their anger against corruption. It is no astonishing if more Anna Hazares or Ramdevs would emerge to sympathize with the frustrations of the youths.
      

Friday, 17 August 2012


                    LOKPAL INSTITUTION IN INDIA   -  A myth or reality


    In the year 1809 to register a small man’s battle against administrative apathy and injustice an institution of Ombudsman was created in Sweden first against the monarchy and later against the administration. Due to the people responsiveness of the institution it was later followed by Norway and New Zealand. In 1962 New Zealand enacted the provision and notified the Parliamentary Commissioner (Ombudsman) Act-1962 to investigate complaints on any administrative irregularities and injustice affecting a common man. The success of this institution of Ombudsman had its repercussions in other countries England created the institution of Ombudsman in the name of Parliamentary Commissioner and notified their Parliamentary Commissioner Act in 1967.
    The government of India  under the Ministry of Home affairs notified the first Administrative Reforms Commission under the chairmanship of Morarji R. Desai on 5th January 1966 with a mandate to review the public administration system in the country for ensuring the highest standards of integrity efficiency and people responsiveness in the public administration system in the country and submit its recommendations to bring in more accountability, sustainability and proactive ness in public administration machinery. The Commission was empowered to review functioning of all government departments except those of Defence, Railways, External Affairs and Security & Intelligence wing and submit its report to the Parliament. In its interim report the Commission recommended for formation of the LOKAPAL (protector of people) institution with adequate power to keep the administration on the right track. The idea was highly applauded and a draft bill thereof was introduced in the Loksabha in November 1968.Although passed in the Lower House the bill could not reach the Upper House due to dissolution of the fourth Lokasabha. There after the said bill in the name and style of Lokpal and Lokayukta Bill has been reintroduced for eight times ( in 1971 , 1977 , 1985 , 1989 , 1996 , 1998 , 2001 , and 2008 ) i.e  over a span of four decades , but could not made through the Lower House in seven cases  while in one case rejected by the Upper House
      .In the mean time, majority states except states like West Bengal Tamilnadu, Manipur,Nagaland,Sikkim,Mizoram,Tripura etc.got their Lokayukta Bill enacted in their states  In the 9th attempt the UPA government introduced the Lokapal and Lokayukta Bill-2010 in the Loka Sabha in the winter session of the Parliament with a mandate to tackle political corruption in the country with only recommendatory powers. Bureaucrats were excluded from its purview. There was strong opposition to that bill and the same was rejected due to its weak provisions. People branded the bill as tooth less and then started the anticorruption crusade lead by the octogenarian Gandhi an Leader Sri Anna Hazare supported by the members of the Civil Society which included the famous Lawyerex Union Law Minister of Morarji Desai Cbinet Sri Shanti Bhushan and his son Prashant Bhushan and ex- bureaucrats Kiran Bedi Arvind Kejariwal etc.That movement got world-wide applaud and the youths in India came to the streets to show their solidarity to the movement.
        Finally the UPA government bowed down before the public demand and notified a Joint Committee on 10th April 2011 under the Chairmanship of the then Finance Minister Sri Pranob Mukherjee including four other senior ministers from the cabinet and other five members from the Civil Society including Anna Hazare. A moratorium was fixed to submit their considered views by 30th June 2011. The government side prepared the report in the name of Lokapal Bill-2011 while the team-Anna prepared a parallel bill in the name of Jan Lokapal –Bill .Both the team convened acrimonious draft meets for nine times in the North Block but failed to reach a consensus and ended with “agreed to disagree” syndrome. The team-Anna came out with resentment that the government do not want the bill to come, while the Union Law Minister Sri Veerappa Moily said that the mandate of the Committee was not to rewrite the  Indian Constitution Political parties like BJP ,BJD , JDU ,TDP , SP, RJD and the left wing parties had objected the bill with various criss-cross views for not to include activities of the MPs in the Parliament, PM`s Office, the Speaker of the Lokasabha and the lower bureaucracy,
     In an open letter to the leaders of the nation a group of 14 eminent personalities (G-14) like Ajim Premji of Wipro Group , Deepak Parekh of HDFC Bank, V.Vaghul of ICICI Bank, A.Vaidyanathan ex RBI Governor and financial advisor to the PMO etc. expressed their concern for the need of an urgent passage of a well crafted ombudsman bill reinforcing the inviolable primacy of the Indian constitution to reflect the sense of the House. From the government side they proposed several critical powers to the Lokpal including (i) conferring quasi-judicial status (ii)like those of the Supreme Court and the Election Commission  the Lokpal institution to be supervised by the cabinet to make that free from any type of political influences (iii) the Lokpal shall have power to investigate any public office., office of a Judge or a politician (iv) power to impose penalty and attach properties of an erring person and provision that the losses to the Government to be recovered from the convict at the time of conviction (v)Investigation of each complaint to be completed within 365 days from the receipt of a complaint and to complete the resultant judicial process within next 365 days, (vi) the existing anticorruption wing like the CVC,CBI and the Lokapal shall be under one umbrella (vii) The Lokpal to be selected from among the Judges, Civil servants, Constitutional authorities, Eminent citizens  all having clear past records,(viii)the whistle Blowers who have alerted the agency about any potential corruption to be provided with protection,(ix)provision for reservation  for the sits of Lokapal from the indigenous communities , members from the unprivileged class ,minority community and OBC communities.
          The government moved its version of the bill in the name of the Lokpal and Lokayukta Bill-2011on 4th August 2011 by Sri V.Narayanswamy a minister of state on behalf of the Prime Minister and the bill was passed on voice vote after a brief discussion in the House .The then  FM Sri Pranob Mukherjee termed the ascent of the House as the “sense of the House” The opposition bench expressed their discontentment over the various weaknesses in the bill and its legal infirmity since the bill was passed under the Article-252 of the Constitution instead of the Article-253 as the law pertains to public service, and the Lokpal will have no authority on the states. Later it was rejected by the Upper House and again reintroduced on21-05-2012.The bill has been referred to a select committee for consideration. The Union Law Secretary was summoned before that committee to submit their considered view about this anti graft Ombudsman institution latest by 4th July 2012. But what it is being perceived the bill is not likely to be tabled in the Upper House in the monsoon session of the Parliament in2012.
        Corruption is a sensitive issue in India which has earned the fame of the largest democracy in the world with a population of more than 1.2 billion while in the Corruption Index notified by the Transparency International this country is ranked at the 95th position. The higher the index the more is the severity of corruption. Incidentally after the notification of the Right to Information Act-2005 at least 12 whistle blowers have been killed and more than 44 have been seriously assaulted under mysterious circumstances after seeking information under that Act. According to a report released by Washington based Global Financial Integrity India has lost 462 billion $ in illicit financial flow due to tax evasion, crime & corruption in post independence era  Such illegal money stashing has been threatening the economic growth of the country.
         The issue is the administration used to enjoy vast discretionary power in all democratic countries. There will be every possibility of misuse of the authority. Once the honey of power is tasted by a human being, he would not like to install a stop valve in the pipe line to restrict its flow. There is a Sanskrit version that “;youbana,dhana sampada,prabhutwa,abibekata , Ekeikam anartham chaiba kim yatra chatustayam” .Means the Greed of the youth, Wealth ,Power and Lack of Morality are each a cause of disaster. When all the four characteristics are present what to tell? According to the views of the French Sociologist and columnist Raymond Aron in India there is less policy and more Politics .If his remark holds good then the so called policy makers will never let the bill pass as desired by the Civil society activists and the idea of Lokpal may remain in myth with myriads of sensitive issues.

Friday, 29 June 2012

 All   Fire-hazards are due to human-fault


            Life can not be thought of without fire. The fire with all its manifestations of flame, heat and evolution of smoke and fumes is called as fire when it is not at its desired places i.e the burners, ovens, furnaces or at flare-stacks. Actually fire is chain oxidation process wherein free radicals from the surface of a substance get energized to liberate in ionized state and react with oxygen in its stoichiometric proportions with evolution of heat. When its temperature reaches its ignition temperature, fire appears spontaneously. Once there is a fire  the radiant heat rapidly heat the adjoining surface to release more fumes at its fire point which stokes the fire which is called inhibition.
            In an incidence of fire the flame causes fire-spread, the heat causes heat radiation  and the unburnt oxides and free radicals constitute the smoke which rises up from the fire spot causing rapid air inflow to the places of ignition which rapidly increases the rate of combustion and flame dispersion. The smoke causes asphyxiation and toxic ailments to the living beings The radiant heat causes burn injury to the living beings heats up the ambiance causing new hazards like vapor-cloud explosions and radiation hazards
           Fire is a science and its extinguishing methods are engineering subject based on the science of fire. Hence it is important to know the fire chemistry before applying engineering for its extinguishment. One should know the safety data of the substance involved. Such data for thousands of chemicals are available in printed form which contains the physical, chemical, toxicological and explosive characteristics along with tips for safe storage house-keeping, packing, transport safety along with medical treatment and fire fighting methods.
         Fire extinguishment technology is based on  three important aspects of fire. It is usually called the fire-triangle. These characters are (i) The substance, (ii) Oxygen(air) and (iii) Source of heat. The other important aspect is to contain the fire inhibition process. For example after we lit a match stick if we hold the stick vertically up  keeping the fire at the top the same will extinguish after a while at its own , but if the stick will be hold opposite the total stick will burn out.. The fire extinguishment method is based on cutting off any one link of the fire triangle. Most fire extinguishers are designed to cut off oxygen supply while the most ancient and widely used method is to douse the fire with water. Means cut off the heat source..
          The person in control of a premises  in many cases does not posses adequate knowledge on fire. He off-loads the job to a consultant .The consultant en cashes on the novice ness of the owner and installs the system suiting to his terms. It is worth to cite some examples. One may visit any petroleum oil depot which is installed by the public sector oil companies at the center or at a corner of every important township by the side of the railway track in our country. The oil tanks would be found installed side by side without leaving safe distance among them. The fire hydrant points would have been installed at a distance of 4 to 5 meters from the oil tanks. There may not be adequate fire water storage and supply system. The fire water pump house would be inside the depot which would be no better than a confined space. The design should take account for the potential of the expected heat radiation in the possible worst scenario. Actually in their worst scenario the radiation intensity inside the licensed premises will be in the fatal range. In the Oil depot fire of IOCL in Sitapura of Jaipur Rajasthan on 29th October 2009  the official had no option left but to abandon the place and to let the oil burn off for weeks together. The explosion caused a tremor of 2.3 in the ritcher scale within a distance of three kilometers evacuation of half a million people within that area.12 persons were killed and 300 plus persons got injured due to the radiant heat Properties worth 400 crores rupees gutted according to the claims of the Sitapura Industries Association. The funniest incident was along with the installation the fire water pumps were also found melted beyond recognition. The officials who may not be strictly at fault under section 120B (criminal conspiracy), sec.166 (Public servant disobeying law with an intent to cause injury to any person, section 304A (causing death a person due to negligence) and section 511(attempting to cause a cognizable offense) were charged with those offenses.
         The issue is a scientific subject. If one adequately understand the subject why will there be any lacuna. The problem there may be either;they have compromised with the fire safety requirements or did not have an adequate and well rehearsed fire fighting arrangement. The fire is classified into five classes. They are;

Class-A  :  Fire due to combustible materials like wood textiles paper, rubbish and the likes.
Class-B  :  Fire from flammable oils, petroleum products ,solvents greases, paints etc.
Class-C  :  Fire from gaseous substances(hydrogen LPG,LNG, Methane etc.
Class-D  :  Fire involving chemicals and active metals
Class-E  :  Fire involving electrical short circuit electrical equipments and delicate machines
           The recommended fire fighting materials for such type of fires are;
            Class-A: Water, dry sand and soda-acid
            Class-B: Carbon dioxide Dry chemical powder and water cooling
            Class-C: Carbon dioxide , Dry chemical powder and dry sand
            Class-D: Chloride based DCP dry sand and water if compatible
            Class-E: Carbon dioxide, DCP, dry sand




   It is said that the biggest fire incidences the world has yet noticed could have been doused with a cup of water had it been fought at the time of incidence of the fire. Therefore the fire safety requirements shall have a fool proof extinguishment strategy. Accordingly there shall be adequate facilities to prevent and to fight a fire. Broadly they are;
Fixed systems- Fire hydrant system having the user points at strategic locations, along with
                          Fire water pumping devices, fire water pond well designed piping network
                          Water hoses, nozzles, monitors and other water spraying devices.
                         -  Foam pouring arrangements and chemical storage installations
                         -  Closed loop water cooling arrangements
                         - Smoke or heat detection system

Mobile system-Fire tenders, truck laden fire engines, fire extinguishers, foam tenders.
Such systems need periodic testing and technological auditing by experts and timely updating.
  The working system should be for isolation of the affected region and prevention of fire spread
Isolation process: Fire always burn laminar and the flame travels upward.. Hence when the top surface is burning the  materials can be retrieved from the bottom. In thatched house fire the burning house is segregated by pulling out the combustible roofing materials from the connecting roof.
Fire spread: Fire is pacified by gently pouring the fire hydrant chemicals on the fire surface from the spreading side so as to  cut off oxygen supply from the source
Fire fighting system should be kept on auto:   The hydrant system is advisable to be kept on auto  in addition to manual operating options.
Foam pouring system: All oil storage tanks need be provided with inbuilt foam pouring arrangement
Water cooling arrangements: All storage installations shall have individual closed loop water cooling device.
Fire fighting team: The fire fighting team should consist of experienced fire professional. No person in such team shall have any physical or clinical disability. Persons with eye defect heart ailment blood pressure and epilepsy should not be allowed in a fire fighting team. Fire proximity suits, face shields, safety shoes, and self breathing appliances shall be adequately available to the fire-men. From among the team there shall be a fire rescue team equipped with flexible safety ladders and motorized high rise rescue devices.. And a planned communication system.
First aid team: This team shall consist of medically trained persons equipped with all type of first-aid equipments.
Fire drill: Fire drill is advisable to be conducted frequently. As far as practicable such drills should be presented for assessment by some outside experts. A register need be maintained wherein the assessors be requested to note their advices and feelings. Such register shall be discussed after every drill and then reviewed by the owner of the premises and the remedial measures be taken without any compromise.
              Beside these arrangements all buildings or confined places should be provided with clear approach road, exit routes. All premises need frequent fire audit and its compliance.
   The author has more than 32 years of experience in this field. He thinks if there is no compromise on any fire safety requirements the fire will always be in control of your finger tips. In the recent Maharastra secretariat building fire on 22nd June 2012 wherein 5 civilians lost their lives the visible short falls are unplanned vehicle parking chocking the approach route which caused delay in approaching the fire in rage, improper house keeping causing problems in isolating the fire, inadequate fire fighting infrastructure, absence of a well rehearsed fire fighting team and lack of knowledge of the inmates on the effects of fire are the few..
  As usual the investigating team would submit a stereo type report. Some head may roll. But we should realize that all accidents never happen, they are caused. Similarly all fires are caused. The owner can not say he is without any fault.