Support Drafting Committee Of Jan Lokpal

Parmanand Pandey


An unnecessary controversy is raging these days with regard to the presence two Bhusans - father son duo— Shanti and Prashant in the Jan Lokpal Drafting Committee. Right from the day, the government accepted the demand of Anna Hazare to draft and enact the Jan Lokpal Bill with the help of the representatives of the Civil Society, a section of influential persons is not able to digest it. These people are raising innumerable objections, which are frivolous in nature but ulterior in motive. There are some publicity hungry people, who are knocking at the doors of the various courts and questioning the very constitutionality of the Drafting Committee. They say that it is the job of Parliament, which cannot be given to others under threat and duress. They are umbrage as to how the civil society can subvert the democracy and usurp the powers of Parliament.


As it is was not enough, a group of people, whose interests would be hit hard after and who do not have any hesitation in serving as the lackeys of the corrupt politicians and bureaucrats, have spearheaded the smearing campaign against Bhushans. There are some, who are shamelessly and brazenly painting the image of even Anna Hazare with the black brush. They are referring to some report by Justice P.B. Savant Committee, which is totally rubbish one and which has no relevance at all to the task of the Drafting Committee. One can well understand, if there were any substance in Justice Savant's report, the Maharashtra government would never have remained quiet and spared Anna Hazare, who has become a permanent sore in its eyes because of his relentless struggle against corruption.


Now for the last so many days, some infamous corrupt persons like; Amar Singh and Digvijay Singh have launched attack on Bhushan every day with new allegations. One day for their alleged involvement a CD and the other day in availing the largesse from the Mayawati government in U.P. or on third day for evading the income tax and the next day branding them as Public Interest Litigation blackmailer.


Now the question arises as to why, these controversies are being raked up at this stage? Obviously, the corrupt elements know that they will have to face the heat of the stringent law most, that is why, they are up in arms against the very legislation itself. Nobody is asking a question to these self serving and self styled righteous people that even if Bhushans were involved in misdemeanours, how will that have bearing on their competence of drafting the bill? If they have done something wrong, they should be hanged for that but why the public cause be stalled? Moreover, if the strict law comes into the existence, then all those found in corruption would be prosecuted and penalised including Committee members. Therefore, the need of the hour is to extend fullest possible support to the Drafting Committee, so that strong and effective law is enacted soon to curb and control the menace of corruption.


Bogey being raised by the agents and advocates of corrupt elements must be smashed at any cost and that is where lies, the future of Aam Aadami and this great country with bright future but dismal present and bleak future.

Hail The Bail To Binayak Sen

By: Parmanand Pandey

Bail to Binayak Sen by the Supreme Court of India must be hailed because justice stands for liberty and equality. In fact, it has sent the right signal to millions of young men and women across the country, who feels frustrated with the existing judicial system. Supreme Court has rightly opined that to have sympathy with Naxalism does not mean that the person is naxalite and it cannot be construed to be sedition at all.

As a matter of fact, the old definition of sedition must be changed. It is often misused by the insensitive and cruel state apparatus to settle scores with those, who oppose them or the system that they foster.

Dr. Sen has been working among poor tribal of Bastar for the last many-many years as a children's Doctor. Although he is a specialised Paediatrician but, more often than not, he doubled up as general practitioner of medicines with the aim to providing succour and relief to poor adivasis. It is no secret that the tribal are the most exploited people. The pace of development has not only been slow and tardy in tribal areas but at many places there has been no development at all. This has been the cause of frustration among tribal and this was, in turn, has been capitalised by the naxals to the hilt. The reach of law and order machinery cannot be expected to have any impact in the areas, where the life is still primitive. This again has provided fertile grounds for naxalites to flourish.

There is no doubt that the nexus of corrupt officials, politicians and middlemen are primarily responsible for the growth of naxalism and the brunt of the same is invariably borne by ordinary and innocent people.

The time has now come to call spade a spade. Naxalites and Christians missionaries have been able to make deep inroads in these tribal areas and their activities, undoubtedly, border on the sedition. They excite and provoke the gullible Adivasis against the government and make every possible effort to win over them. While Christian missionaries make unabashed effort to convert the tribal brethrens to their religious fold, naxalites instigate them for armed uprising which; by every stretch of consideration, is against the interests of the nation. But here again the corruption of those at the helm is the top culprit.

The civil society will, therefore, have to take the lead to effectively deal with this menace. The fight has to be is two-fold. One is to fight against the cancer of corruption, which is eating into the vitals and made the system completely rotten and hollow. The second one is to awaken and enlighten the people for their rights and also about naxalites and Christian missionaries, who are not their friends but they are their enemies. The naxalites are also equally guilty of blocking the development. If there is no peace and tranquillity, how can there be development? Christian missionaries, on the other hand, are most adept in fishing in the troubled waters. They are having the good of both worlds. This duplicity must be exposed. It should also serve as an eye-opener for the Hindus, who have hardly cared for the vast section of the society because of their culpability of neglect and greed. If Hindus do not behave and reach out to tribal and scheduled castes, they will be doing so at the perils of their own religion.

Binayak Sen is a symbol for many things; he has become the beacon light. What he is doing must be encouraged. Naxalites, if they are actually not the slaves of the forces that are out to create chaos and confusion, then they must also wake up and stand up against corruption.

Hail The Bail To Binayak Sen

By: Parmanand Pandey

Bail to Binayak Sen by the Supreme Court of India must be hailed because justice stands for liberty and equality. In fact, it has sent the right signal to millions of young men and women across the country, who feels frustrated with the existing judicial system. Supreme Court has rightly opined that to have sympathy with Naxalism does not mean that the person is naxalite and it cannot be construed to be sedition at all.

As a matter of fact, the old definition of sedition must be changed. It is often misused by the insensitive and cruel state apparatus to settle scores with those, who oppose them or the system that they foster.

Dr. Sen has been working among poor tribal of Bastar for the last many-many years as a children's Doctor. Although he is a specialised Paediatrician but, more often than not, he doubled up as general practitioner of medicines with the aim to providing succour and relief to poor adivasis. It is no secret that the tribal are the most exploited people. The pace of development has not only been slow and tardy in tribal areas but at many places there has been no development at all. This has been the cause of frustration among tribal and this was, in turn, has been capitalised by the naxals to the hilt. The reach of law and order machinery cannot be expected to have any impact in the areas, where the life is still primitive. This again has provided fertile grounds for naxalites to flourish.

There is no doubt that the nexus of corrupt officials, politicians and middlemen are primarily responsible for the growth of naxalism and the brunt of the same is invariably borne by ordinary and innocent people.

The time has now come to call spade a spade. Naxalites and Christians missionaries have been able to make deep inroads in these tribal areas and their activities, undoubtedly, border on the sedition. They excite and provoke the gullible Adivasis against the government and make every possible effort to win over them. While Christian missionaries make unabashed effort to convert the tribal brethrens to their religious fold, naxalites instigate them for armed uprising which; by every stretch of consideration, is against the interests of the nation. But here again the corruption of those at the helm is the top culprit.

The civil society will, therefore, have to take the lead to effectively deal with this menace. The fight has to be is two-fold. One is to fight against the cancer of corruption, which is eating into the vitals and made the system completely rotten and hollow. The second one is to awaken and enlighten the people for their rights and also about naxalites and Christian missionaries, who are not their friends but they are their enemies. The naxalites are also equally guilty of blocking the development. If there is no peace and tranquillity, how can there be development? Christian missionaries, on the other hand, are most adept in fishing in the troubled waters. They are having the good of both worlds. This duplicity must be exposed. It should also serve as an eye-opener for the Hindus, who have hardly cared for the vast section of the society because of their culpability of neglect and greed. If Hindus do not behave and reach out to tribal and scheduled castes, they will be doing so at the perils of their own religion.

Binayak Sen is a symbol for many things; he has become the beacon light. What he is doing must be encouraged. Naxalites, if they are actually not the slaves of the forces that are out to create chaos and confusion, then they must also wake up and stand up against corruption.

17B OF THE ID ACT MUST KEEP PACE WITH TIMES

Labour laws in India are welfare laws, where the role of State is undeniably very high; unlike those countries, where the policy of laissez faire is followed. There have been many changes and amendments in labour laws from time to time to safeguard the interests of the workers, but some of the most beneficent laws have now become inadequate. One of them is 17B of the 'Industrial Disputes Act, 1947. Recently, I wrote an open letter to the Shri Mallikarjun Khare, the Labour Minister of India, which is reproduced below.

To

The Labour Minister

Government of India

Shram Shakti Bhavan

Rafi Marg, New Delhi- 110001

Sub.: Need to amend section 17B of the Industrial Disputes Act.

Sir,

Labour laws in India are welfare laws, where the role of State is undeniably very high unlike those countries, where the policy of laissez faire is followed. There have been many changes and amendments in labour laws from time to safeguard the interests of the workers, but some of the most beneficent laws have now become inadequate. One of them is 17B of the 'Industrial Disputes Act, 1947. Recently, I wrote an open letter to the Shri Mallikarjun Khare, the Labour Minister of India, which is reproduced below.

You are fully aware that the fight between a workman and his/her employer is, indubitably, an unequal fight. On account of dilatory tactics, which is often adopted by the employer, the workman suffers. This was the reason that the Legislature in its wisdom thought it fit to introduce section 17B to the Industrial Disputes Act in 1982, which became effective from 21st August 1984. The amended section 17B reads "Payment of full wages to workman pending proceedings in higher courts— where is any case, a Labour Court, Tribunal or National Tribunal by its award directs reinstatement of any workman and the employer prefers any proceedings against such award in the High Court or the Supreme Court, the employer shall be liable to pay such workman, during the pendency of such proceedings in the High court or the Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the workman had not been employed in establishment during such period and an affidavit by such workman had been filed to that effect in such court.

Provided that where it is proved to the satisfaction of the High Court or the Supreme Court that such workman had been employed and had been receiving adequate remuneration during any such period or part thereof, the court shall order that no wages shall be payable under this section for such period or part, as the case may be.”

Before the enactment of this section, the awards directing re-instatement were often contested by the employers in High courts or the Supreme Court without paying an interim relief to workers. Delay in implementation of awards invariably caused hardship to the workman. There are innumerable instances where workmen have been dragged by the endless mire of litigation with the sold aim to tire them out. But 17B proved to be a boon for the victimised employees as it considerably eased their pathetic financial condition. Thus, this amendment was, without doubt, a revolutionary piece of legislation in conformity with the avowed aim to have welfare labour laws. However, with the passage of time, this legislation has virtually been reduced to be dysfunctional particularly; due to reactionary and anti-labour judiciary.

Needless to tell, that the current trend of the adjudication is to award either lump sum amount or 50% or 75% of the last drawn wages till time of retirement in lieu of reinstatement even if the dismissal or discharge of the employee is found to be unjust and illegal. As a result of it, the workmen are denied of reinstatement. Employers, almost without fail, challenge such awards in the High Court without giving a single paisa to the workers. Workers cannot claim interim relief under section 17B because the precondition of reinstatement is missing in such awards. Ultimately, the workers are left high and dry.

We have come across many such cases where workers have left to their heavenly abodes without availing any benefits of labour laws. This is nothing but mockery of justice.

The intentions of the legislature are laudable but insensitive judicial pronouncements have defeated the very objective of section 17B of the I.D. Act.

Therefore, it would now be in the fitness of the time and occasion that this provision of 17B should be revisited by the Legislature so as to help the workers in their fight against mighty employers and it would be a great relief to the working class.

Thanking you,

Yours faithfully,

Parmanand Pandey

Copy to: Shri Prabhat Chaturvedi IAS,

Labour Secretary, Government of India

Shram Shakti Bhavan

Rafi Marg, New Delhi- 110001

Cricket Mania And Its After Effect

Parmanand Pandey

Entire country has been in the grip of cricket fever for more than one and half months. It reached its peak at the time of semi-final with Pakistan and in the final against Sri Lanka. Cricket has obtained the status of the cult game in the country mainly because of two reasons. Firstly; it is a colonial game and is played exclusively in commonwealth countries which were the slaves of Great Britain once upon a time. The subjects of slave countries took pride in emulating the game of their Saheb masters. Thus, it became popular because of the Britishers. Secondly; the big money is involved in this game, particularly in India where the number of cricket fans is growing by leaps and bounds with every passing year. Paranoia about cricket can be gauged from the fact that so much so; a villager, who does not know about the game of cricket, suffers from a complex.

Business houses and gamblers make huge money out of this game. They just capitalise the emotions of the public by further whipping it up though media.

India have won the world cup; after a gap of 28 years, under the captaincy of M.S. Dhoni. He and his team deserve our kudos. He is said to be now a man of Rs. 600/- crores and his other worthy colleague; Sachin Tendulkar is now the master more than Rs. 3,000/- crores. Some of his team mates are super rich but none of them is short of money. However, what is objectionable is that one after another government is vying with each other in announcing crores of Rs. to award these cricketers as if they are distributing their personal money. These largesse distributors are oblivious of the fact that this is the money of the tax payers; but ministers and chief ministers are going over board in silly announcements of cash, land and other rewards to these already opulent cricketers.

It will be a blasphemy to raise this issue but even at the risk of being ridiculed must say that I fail to understand as to what is the social contribution of these cricketers? How the cricket has been helpful in solving the poverty, illiteracy unemployment and health problems of the country?

I have my serious grievances with media. The way the cricket has got coverage in the media betrays its lumpenisation. The media persons did not have even a little bit of concern for the feelings of the people of neighbouring countries and India's relationship with them.

On the day of final match, many T.V. channels announced it the day of 'Lanka Dahan' (burning of Lanka). These idiots were projecting India's victory as if they would set ablaze to Sri Lanka to destroy it; totally forgetting the fact that the game should be played to foster good relationship and not to increase bitterness, but that was what the media did.

Lo and behold! Sonia Gandhi too danced standing on the bonnet of the car disregarding her own security. She caused traffic jam at the ITO at midnight. Any other person would have been challaned but not she. In fact, she was applauded for being the cheer girl or woman. Crores of man hours were lost during the world cup series in offices and workshops but who cares? We take pride in winning the world cup and watching it by purchasing the ticket in black, indulge into illegal match fixing and gambling and yet feel like marching of the Alexander the great. What a pity?

When Human Rights Is Used As a Shield

By: Parmanand Pandey

I read a front paged lead story in the daily 'Mail Today' of today. The news story is based on a petition of an Advocate to the President of India. It has high lighted the nexus between some advocates and the judges of the Supreme Court. It also tells about the modus operandi of some manipulative advocates, who sow the seeds of corruption to reap the fruits later for their enrichment. The story is bound to shock the conscience of any conscientious person.

It is an open secret although much talked about in the circles of legal practitioners that some advocates believe more in manoeuvring than in the lawyering. They often give the impression that justice is manageable and this is how they have accumulated fortunes. These unscrupulous advocates and the judges do not realise the damage they cause to the very institution of judiciary.

In the instant story a senior advocate PH Parekh has floated an organisation for the protection of Human Rights of which he is the Secretary General from its inception twenty years ago. Its Presidents keep on changing but the post is exclusively reserved for the sitting judges of the Supreme Court. Currently two senior most judges are associated with this organisation in different capacities.

There can be no bar for the judges to be associated with such organisations, which have lofty aims and objects. But the judges should not be naïve to get associated with such associations and persons whose credibility has never been impeccable and above board. One would be within his/her rights to know as to how many Human Rights issues have been raised by this organisation and PH Parekh on any fora. Has this organisation ever taken up the cause of any body whose human rights have been openly violated? Has any struggle been ever launched by this organisation at any point of time for the cause of human rights? Certainly never.

Except organising some lectures to be delivered by important judges in some air conditioned halls from time to time, I don't think this person or his organisation has done anything else. Most interestingly when thousands of persons live in abject poverty and innumerable people are suffering because of host of reasons and their human rights is shredded day in and day out but this organisation either remains mum or takes its members on foreign jaunts.

PH Parekh has never been known for the legal lucidity, commitment to the cause of law or for siding with those who are denied with justice. He has always taken up the cases of rich and opulent persons and establishments. Making money is the yardstick of the success for him. Law is not an instrument to mitigate the sufferings of the depressed and denied but it is a means for personal enrichment. It is highly deplorable that Human Rights is used a cover for manipulation and for developing proximity with judges. It is a mockery and insult to the Human Rights.

Judges must, therefore, immediately dissociate themselves to save the sanctity and prestige of the judicial system of the country.