Thursday, December 11, 2014

Should media persons play the role of judges?



'Justice delayed is justice denied' is a cliché. That is why, a wag has said in a seminar at Mumbai that 'why not appoint the media persons as the judges in all courts?'  In his view, trial by media is most inexpensive and expeditious way of delivery. There is a no need for the police to register the crime, investigate and frame the charges. There is no need for the Courts to afford any opportunity for 'admission and denial' or to allow examination and cross-examination of anybody. Collection of evidence will also not be required. Mere debates by some 'omniscient' people in the studio of the television channels will be enough to pronounce the judgment for or against the accused or victim.

It may be ludicrous to the most but it is, nonetheless, true that media persons level the charges (sometimes some body else level those charges) and then the debaters become the jury and the judge to pronounce the judgments. Take for example, the recent case of two girls from Rohtak, who were shown to be the victims of molestation by three young boys in a moving bus. It was reported in the media that two brave heart girls faced the molestation attempt by three young boys; incidentally, two of them were selected in the army. The allegation of these girls is that when three boys were trying to molest them in the running bus not even one of the passengers came to their rescue. Then one of these courageous and spunky girls started thrashing those boys, while the other got busy in making the video through her mobile phone. This video became viral and, within no time, it was the topic of hot TV debates. The warriors of studios made the post mortem of the criminal law and the safety of the women.

No body bothered to know the other side of the story. They chastised the fellow passengers and wanted them to be booked for complicit in the crime. All participants shamed the hapless bus conductor and the driver in the harshest possible language. But the anchors of the news channels reserved their ire against the political leaders, police administration and even the general public was not spared. Media pronounced the judgment in favour of the ‘victim’ girls and against the boys in less than an hour. Haryana Government lost no time in suspending the driver and conductor of the bus. The state government also announced the bravery awards to be given to both gutsy girls on 26 January, the Republic Day. 

However, the next day when the other version of the story came when many passengers including an old woman, tried to lodge a report against these two girls in a police station. Unnerved by the criticism of the media the police refused to lodge the report of the old woman against the girls. But such things do not remain hidden for very long time, that too, when the girls and other passengers belong to the neighboring village. Almost everybody blamed the girls who picked up the unnecessary quarrel for the sake of seats in the bus. 

An old woman also alleged that she was forcibly removed from her seat and was asked to sit on a wheel tyre kept in the bus. It is also said that the girls were traveling in the previous bus, which went out of order and then passengers were loaded in the next bus in which the boys were travelling. The girls insisted on sitting on the same seats, which were given to them in the previous bus. These boys refused to accede to their demand and the scuffle followed. Next day when the real facts came to the light, the government withdrew the bravery awards to be given to the girls. It has also come to the open that these 'courageous' girls have been in the habit of creating such drama for the sake for the publicity. This also proves the point that justice hurried is justice buried.

Media may gloat over its achievement (?) but this has done no good to its credibility. The media, particularly the electronic media, have been making such reports, which have not only been unpalatable and unauthentic but these reports have also been malicious, tendentious and defamatory. Not long ago, a news channel had converted an innocent school teacher of Delhi, Miss Uma Shama into a pimp and the peddler of the sex trade. It was alleged by the news channel that the said woman teacher used to rope in girls of tender age to get them thrown into flesh trade. However, after an inquiry it was found that the report was totally false and it was aimed at spoiling the image, character and career of the woman teacher. Based on the report the woman teacher was summarily dismissed from the job to be reinstated only after getting the clean chit from the police.

It raises an important point. When the media has become so powerful that it can make or destroy anybody’s image, should it behave so irresponsibly as not to verify the facts before passing any judgment? Should there not be any checks and balances for the media? Is there not an urgent need for strong regulatory measures where the general public or any aggrieved person can go for redeeming his or her prestige if the media has deliberately spoiled it for the sake of TRP or sensation?

It may not be out of place to mention here that aggrieved by a report that was broadcast on a T.V. channel, the eminent  lawyer Fali Nariman, who was arguing the case of Sahara India Ltd in the Supreme  Court had drwan the attention of the bench headed by the then Chief Justice of India Mr. S. H. Kapadia. Justice Kapadia suo-motto took up the matter and issued notices to the government and other agencies for replying so that the guidelines for the court reporting could be framed.

Indian Federation of Working Journalists (IFWJ) also got impleaded in the case and I argued the case before the court on behalf of the IFWJ and vehemently opposed for framing of any guidelines because that would amount to curtailing the freedom of speech and expression and, therefore, would be unconstitutional. Ultimately, the court dropped the idea of framing any guidelines for the court reporting. Other eminent lawyers like Ram Jeth Malani, Shanti Bhushan and Prashant Bhushan etc. supported the IFWJ’s stand. Nevertheless, the Supreme Court reminded the media about its important role and the responsibility in the society because an irresponsible media can always wreak havoc. The IFWJ welcomed that decision of the Supreme Court that reminded the media of its responsibility towards the society and the people, so necessary for its credibility.

I wrote a comment on the decision of the Supreme Court, which was carried in November 2012 issue of the ‘Shramjivi Kalamkar’ ,a office journal of the UPWJU.



Monday, November 10, 2014

Kiss of Love or Kiss of Shame

The supporters of ‘Kiss of Love’ are seen wearing a shirt these days, which is emblazoned with a slogan that in India ‘you can piss in public, but not kiss in public’. Obviously, these ardent supporters of the ‘Kiss of Love’ campaign that is raging across Kochchi to Culcutta and Delhi to Dibrugarh believe more in demonstration of love than in love.  You talk to them and they say that any moral policing on their public display of love is contrary to the Constitutional Provisions of freedom gurranteed to citizens of country. When you remind them about the provisions of section 292/293/294 of the Indian Penal Code, they will not only laugh at you but also frown upon you with most contorted face. By their facial expression, you can come to the conclusion that in their eyes, you are a backward person, not in sync with the winds of liberty or is it indecency that is blowing in their world.

Needless to say, that these practitioners of 'Kiss of Love' have hardly any concern for the poor, illiterate and deprived sections of the society, who are underfed and under clothed. They will mock at Indian culture and will immediately take back to the period of art and culture of Konark and Khajuraho. Ask them to serve the sick and malnourished women and they will disappear like the horns from the head of a donkey.

The virus of 'Love of Kiss' spread from Kochchi (Kerala), when on November 2, 2014 hundreds of young men and women assembled to the publicly kiss one another. Thousands got voyeuristic pleasure from the shameless behviour of these people. This movement began with a Facebook page and within a span of few hours it was ‘liked’ by  more than a lakh person. It has got the instant support from the authors like Anita Nair whose novel – 'The LadiesCoupe' is one of the best sellers. She (Anita) asks where has the moral police gone, when thousand of children are trafficked and children are abused? She has compared kissing as natural as breathing, drinking, talking and singing. She has gone to the extent of saying even fish kiss, so why can’t a man or woman? What kind of society we have that frowns upon love? May I ask her can the trafficking of women and abuse of children be stopped by the salacious display of kissing in public? No doubt, kissing and sex is natural but it it necessary to convert the public places into bedrooms? Can love be illustrated only through advertisements? Do men and women deserve to be compared with the school of fish? To my mind, it is unfair comparison.

What Anita Nair says or what so-called modern advocates of ‘Love of Kiss’ say is not only abominable and outrageous to the vast majority of people of the country but that depict their abysmal ignorance about the psyche of the Indian society. These kisser of love belong to the tiny minority, whose perversion can be witnessed from the fact that if that anybody opposes such mindless scenes, they pickup the cruel and go to the extent of rampaging.  

I have always believed that social websites have the enormous potential and they can be used for the betterment of the society but at the same time, they have extraordinary capacity to leave a deleterious effect on the society. In many cases, we find innumerable social sites which contain pornography and prurient material, which by no means can be said to be the part of freedom an individual. If they have the freedom to have sex, they cannot claim to have it by assailing the sensibilities of millions and millions people of the country.
If we allow kissing in public today can we stop smooching and love making in public tomorrow? These misguided young men and women perhaps do not know that freedom to kiss in public is offending the freedom of large number of people in the society. If such freedom is allowed then what are we going to tell our children? What lessons shall we given them and what standards shall we set-up for them? If 'Kiss of Love' is allowed to be promoted at public places, can we ensure the protection of children? It is an odious logic that even in the absence of 'Kiss of Love' we have the cases of rapes and crimes. But when you analyze this logic then its hollowness is exposed. In spite of rigorous laws, crimes are taking place; does it mean that there should be no deterrent laws? This is funny and most ludicrous logic. These are the people, who will strongly support for the love making in the public places and parks, but when it comes to campaigning for removing suffocating practice of Burka or Hizab, they will chicken out. The is most stifling thing for the women of  the Muslim community but so called forward looking young men and women will keep silent on. This also speaks of their intents and integrity. Hiding behind the freedom of expression for the lumpenization in the society deserves to be condemned in the strongest possible terms. Needless to say, the Kiss of Love is nothing but classic demonstration of vulgarization and it needs to be opposed tooth and nail by every right meaning person.


Friday, October 24, 2014

Demonisation of Deepawali



Deepawali, which was celebrated yesterday with zeal and fervor, has but left a bad taste or (shall I say a trail?) of sickening noise and air pollution.  It has brought at naught the laudable 'Swachchha Bharat Campaign' of the Prime Minster Narendra Modi.  I do not know what happens to the sensitivity of the people, when they indulge into such unpardonable activities, in spite of knowing the fact that a large number of populace is undergoing through immense hardships caused by disastrous of flood and cyclones in Jammu & Kashmir, Odisha and Andhra Pradesh. Does their conscience not prick them when they mindlessly splurge huge amounts on firecrackers and costly gifts on the pious occasion of Deepawali?  I have been told that the neo-rich families became so crass that they spent many lakhs of Rupees on the firecrackers leaving the thick clouds of smokes hanging in the air. These smoke overcasts have aggravated the breathing problems among the patients of asthma and other lung diseases.
 The deafening noise caused by the bursting of huge chain of crackers disturbed the sleeps of infants and old alike for the whole night. Patients were the worst sufferers. This has left a big question mark on the purity and sanctity of religious festivals. Those, who celebrate the festivals of Deepawali and Holi in such obscene and vulgar manner are ,without a shred of doubt,the enemies of the religion. But the saddest part of it is that the religious leaders are promoting such stupidity with their stony silence. I do not have any compunction to say that most of the festivals of Hindus have been degenerated and they have lost all the serenity attached to them. It is oft -repeated by every religious and political leader that 'Deepawali is the festival of victory of light over darkness, knowledge over ignorance and good over evil' but when we see the suffocating atmosphere around, we find that in practice it is the other way round. The market forces have complete stranglehold over the solemnity of the occasion. The amount of wares and goods, which were sold during this Deepawali, and the mad rush of the buyers that was seen in the market showed that demonic forces of the bazaar were out in full force to defeat the purity of the festival by vainglory and humanity by barbarity.
 Those who are corrupt, regardless of their being politicians, bureaucrats and businesspersons, they are having the final say in giving direction to the festivals. They spent thousands and lakhs of Rupees in distributing and receiving the gifts with no sense or qualm of guilt about the teeming and toiling masses. Common person is left high and dry because he/she does not find any place on their radar. My conscience is numbed with shock when I see these insensitive and corrupt people are on spending spree without any remorse and use these festivals as a cloak or ploy.

I have been thinking since yesterday as to why the religious heads, political leaders , social activists, intellectuals and media persons remain silent spectators on the blatant violations of laws and the real spirits of religion? They appear to have succumbed to the onslaught of the corrupt and powerful persons and allow them to hold the silent and meek majority to ransom by turning the Nelson’s eyes on acts of gross injustices. 
It may also be noted here that many years ago the Supreme Court of India ruled that no fireworks or loudspeakers can be allowed to blare after 10.00 p.m. but anybody can see it himself or herself that the judgment of the Supreme Court is violated with the contempt and gay abandon on almost all festivals particularly during Deepawali. Deepawali is no longer a festival of lights, symbolizing the victory over ignorance and darkness. It has now become a festival of show-offs, when rich and neo-rich persons flaunt their wealth and prosperity. I certainly have  grudge with such persons who not only make mockery of religion and also cause inferiority complex among large section of the society, who earn their living by honest means or by the sweat their brows. The honest and humble hardly cause or contribute to the pollution in the atmosphere but they are never counted.
 It is indeed regrettable that the religious leaders of the Hindu society have never raised their voice against this uncivilized and ignoble exhibition of the rich people. This shows that how effete, weak and unconcerned they have become towards to the society. By their deeds, they have joined the company of thugs and cheats. Their religious practices are ‘phoney’ and therefore despicable
 The police, the administration, is often conspicuous by its absence on the occasions. This again shows their irresponsibility and dereliction to the duty. The politicians they abstain from doing any fruitful campaign to get rid of this evil. Media persons and intellectuals are equally,if not more, to be blamed for this growing and skunk like menace. That is why, I say that so long religious leaders, politicians of all hues and colours, police and administration and other right spirited people do not come forward to awaken the  conscience of the general public, clever and corrupt will continue to rule the roost. The 'Principle of Polluters Pay '(PPP) is a well accepted theory across the world and the same has been buttressed by the Indian Supreme Court in many of judgments but why is it not being strictly observed is beyond my comprehension.
 Anybody who is causing the noise and air pollution must be stringently punished and must be made to pay for the pollution they cause. This would, undoubtedly, go a long way to restore the piousness, the serenity and the sanctity of the festivals. The monsters ought to be killed without any misplaced mercy,please!



Saturday, October 18, 2014

'half girlfriend', A Riveting Book


I am a slow reader and that is why, almost ten days back, my younger son Utkarsh gave me ‘half girlfriend’, the latest book of Chetan Bhagat and I took five days to finish it. In fact, I steal time for such readings and can afford the luxury of reading any book, magazine or even newspapers without break. Utkarsh is also now in the legal profession like me but he has more time for pastimes. He is a fan of Chetan Bhagat. He tells me that he has read all his books because they are very gripping and written in racy style.

There is no doubt that the style of Chetan Bhagat’s writing is very fast- paced and it keeps you busy till you have finished. Not only the style but the contents of the book is titillating and it arouses the curiosity page after to know what has happened next. To my mind his ‘3 mistakes of my life’ is one his best books. The literature, as I think, is not meant only for the entertainment it must also provide food for thought. A good literature needs to be remembered by the posterity but the king of paperbacks, which is what Chetan Bhagat is described, has not delivered anything, which can be remembered hence after ten years. Having said it all I cannot but appreciate and admire the fertility of his mind for weaving the events and incidents like warp and woof, which keeps one entangled till the last page.

‘half girlfriend’ is a story woven around a Bihari young boy, who does not know the English but has got admission in the super elitists St. Stephen's college of Delhi University, where most of the students still shamelessly take pride in being the linguistic progenies of Goras. Any way, the Bihari boy could get his admission from the sports quota, as he happened to be an excellent player of badminton. He got into touch, which later got converted into friendship, with English knowing, very rich Marwari girl. The girl was also admitted in the college from the sports quota because she also happened to be a good player of badminton.

 The similarity between the two ends there. She is extremely beautiful coming from stingingly rich family. They have got the liking each other but there are many hindrances in the blossoming of the love between the two. Her parents got her married to a billionaire who is living in London. The marriage proved to be a disaster. For the sake of the marriage, she was forced by her parents to drop her studies and settle down in London with her husband. The marriage ended into a divorce after a brief spell of one year.

Meanwhile, the Bihari boy graduated himself from the prestigious collage, got a good job with banking industry. However, he gave up his lucrative job and came back to his home town of Dumrao. It may be said here that many of the characters and places in this book are real but their characteristic is fictional. The boy, who is now a young man, is helping his mother in managing and teaching in the school in this small town. In the feudalistic setup in Bihar, his family enjoys good reputation from the poverty-stricken people of the neighbouring villages.

To provide the dramatic twist to the story Chetan Bhagat introduced Bill Gates, the richest man of the world, who is visiting Bihar giving aids and charities for his philanthropic works. The young Bihari man gets the opportunity to bring Bill Gates to his school and also gets a good amount of money for revamping his school. Fired with zeal as he has been, he converts his school into a model one. The fire of his love with the Marwari girl is still burning in his heart. The girl after her divorce with the London businessperson joins an NGO and comes to Patna, where this young man accidentally meets her in one of the most posh hotel, the Chanakya of Patna.

The ashes from the fire of the love are removed in the chance meeting and both of them come into close contact. Neither he has forgotten her nor she of the college days which was nipped before reaching the climax. Chetan Bhagat again provides a new turn to it and the girl suddenly leaves to New York without informing her college friend, to pursue the profession of her choice to become a singer in any hotel. Ultimately, the boy goes to New York to search of the girl and finds her. This is like a happy-ending in a film.

The book is riveting indeed. No doubt, sooner rather then later a film will be made on it, which will be as hitting and successful as the earlier film (Three Idiot) made on his books ‘Three Mistakes of Life’.

Chetan Bhagat is the rock star of Indian publishing industry. After renouncing the highly paid job of the banking sector, he has become a full time writer and now he is rolling in wealth. Mostly, the college students lap- up his books but he has good readership cutting across the age barriers. The young generation can draw lot inspiration from his and his life as well. One may agree or disagree with him but no one can ignore him this is the meeting ground between me and my son, Utakarsh, as far as Chetan Bhagat and his books are concerned.




Tuesday, September 30, 2014

Rajdeep , this is not done!

On Sunday evening, I was leisurely watching news on different news channels, when suddenly my cell phone rang. The lady speaking from the other side wanted to know of my reaction about the alleged attack on TV Today’s Consulting Editor Rajdeep Sardesai outside the Madison Square in New York. I simply told her that our organization was against ‘any violence against anybody particularly against a journalist. However, I will not make any comment on the alleged incident till I know the full facts'. The caller banged the telephone in apparent anger at my reply. Thereafter I kept on changing the channels through remote. I tried to get some information on the 'Headlines Today' and ' Aaj Tak' but there was no news about the incident. Yesterday afternoon i.e. on 29.09.2014, when I reached my office, I opened my email and found a video clipping link, which gave the full picture of the incident. I was aghast and appalled to find that the story as was circulated by Rajdeep Sardesai contained embroidered truth.
Mr. Rajdeep Sardesai was seen in the video provoking the exuberant crowd, which had assembled to welcome and express its solidarity to the Indian Prime Minister. Mr. Rajdeep Sardesai even used unsavory language against the people who were shouting ‘Modi-Modi’. It is highly unbecoming of the journalist of the stature of Rajdeep Sardesai to have behaved like a street-smart ruffian, that too, on the foreign soil where nobody should speak against a leader who represents the country. Mr. Narendra Modi has not gone to America as the leader of the Bhartiya Janata Party but as the Prime Minister of India. To rake up  the issue of Gujarat Riots on this occasion showed the wickedness of Mr. Rajdeep Sardesai.
What is most distressing to learn is that when an NRI was trying to tell him that ‘how can you blame Mr. Narendra Modi when the Apex court of India has not found anything against him?’ But you cannot convince a person who is prejudiced one. Another shocking thing is that contemptuous tweet of Rajdeep Sardesai , where he has used the words like idiots for the cheering crowds. Mr. Rajdeep Sardesai is free to have his own opinion about anybody but he does not have any right to foist it on others.
The drama that was enacted on the foreign land to garner sympathy in India is condemnable. It is Mr. Rajdeep Sardesai, who is to be squarely to be blamed for it. There is no dearth of embedded journalists in India. Some of them are communist charlatans, some are blind supporters of the BJP, and many have been fed and flourished by the Congress Party. Other smaller parties have journalists on their rolls and they show their loyalty to their masters, when the occasion demands. Worrisome part, however, is that these journalists masquerade as independents and thus cause incalculable damage to the profession by their duplicity and hypocrisy. The journalists working for political parties are, therefore much better than these wolves who roam in sheep’s clothing, because others know their opinions. I personally feel that this dishonesty among the journalists has spread for many reasons like the insecurity of jobs and their desire to take advantage from the political parties.
Recently a classmate of mine has been elected to the Rajya Sabha. He happened to be the Editor of a major Hindi newspaper of Bihar and Jharkhand. He has been posing himself as the most objective,fearless, independent journalist. But the way he has traded his profession of journalism and for the Rajya Sabha seat betrays the abominable trait of bartering the profession for gains. There is nothing wrong to become a sympathizer, supporter or the worker of any political party but it is certainly wrong to exchange journalism for one's personal gains or to settle scores from those who are opposed to the philosophy of so-called independent journalists.
Now I feel happy that I did not fall into the trap of the lady journalist, who wanted me to condemn the enthusiastic NRI s for no fault of theirs.


Sunday, September 21, 2014

Glaring Example of Justice Denied

Many times, Litigation is self-defeating. There have been many instances when litigants have wasted their lifetimes, evaporated all their resources in contesting the cases but ultimately got nothing. In a Hindi novel ‘Raag Darbari’, written by Sahitya Academy award winner Dr. Shri Lal Shukla, a former IAS officer, has very poignantly pictured the plight of a pathetic lame man who wasted his whole life in making rounds of the courts.  From a teenager he became an old man and ultimately died, but did not get any relief from the temple of justice. 
 It has now become a trite to say that justice delayed is justice denied. There must be thousands of cases pending across the country for more than 50-60 years. There is one case in Allahabad High Court, which is pending for more than hundred years, and many generations of the litigators have passed away but till date the judgment has not seen the light. This speaks volumes about the state of affairs and the extremely slow process of justice in India. This is one aspect of justice.
 In our country when people go to the court they get resigned to their fate  and often say in jest and disdain  that one can be sure of death but there is no surety about the justice. Litigation for many people is like a bad habit of intoxication. They will spend hundred times more than what they would get if ultimately the decision comes in their favour. The saying of ‘penny wise pound-foolish’ is very apt and appropriate for such types of people. However, what can be said about the government and the agencies of the government when they go for long and protracted litigation to deny the justice to the opposite parties. This can be nothing else but the mental perversion and sickness of the persons who decide to carry on the litigation, which is of no use. Such litigations are kept alive at the huge cost on the exchequer. They, however, conveniently forget that money goes from the pool of the taxpayers. According to a data released by the Law Ministry more than sixty percent cases, which are pending before various High Courts and the Supreme Court belong to the Central Government or the State Governments. In all these pending cases, the Governments are either as a plaintiffs/ petitioners or as defendants/ respondents. The number of such cases can be reduced to a negligible level provided the authorities responsible for taking actions perform their duties in appropriate and judicious manner. It is because of their non-application of mind and audacious behavior that the cases are initiated. What is worse is that they do not make any sincere efforts to resolve the cases in amicable manner.  
 Here is a startling case of a poor DTC bus conductor who was compelled to fight his case for more than four decades. And for what? it was the dishonesty of the bus conductor for the princely amount of 5 Naya Paisa. According to the story that has been published in the last week of July of this year in the Times of India that the Delhi Transport Corporation (DTC) fought the case against a bus conductor Ranvir Singh for more than four decades. The case started in the year 1973. The conductor was on duty in a bus going towards Mayapuri.. A flying squad of ticket checkers found him guilty for issuing a ticket to a woman for 10 paise, while she should have been given the ticket of 15 paise. They charged the bus conductor. He was suspended. A departmental inquiry was conducted and he was found guilty of causing loss of 5 paisa to the public exchequer and was dismissed from the service.
 The bus conductor Ranvir Singh challenged the decision of the DTC before a Labour Court on the ground that he has been victimized because he was not allowed the opportunity to explain his innocence. The court ruled in his favour. The ruling came in 1990, which directed the DTC to reinstate the workman with full back wages. The Labour Court also said that the dismissal of employee was disproportionate to the alleged crime. The DTC was unrelenting and it challenged the decision of the Labour Court in the Delhi High Court, which dismissed the writ appeal in 2008 but by that time, the bus conductor had retired from his job. Therefore, he demanded the post retiral benefits with back wages. The blockheaded DTC officials decided to oppose the claim of the dismissed workman. However, the High Court again decided in favour of the workman.

Interestingly in a query made through RTI, the DTC has informed that it has spent Rs. 47,795/- on paying the  fees to advocates towards the litigation expenses. In addition to it, it has paid Rs. 8, 96,293/- only towards back wages from July 1976 to September 2002 till the workman retired from his service.If the authorities had taken right decision at the right time worker would have been saved from harassment and the department from botheration, In addition to it,there would not been crowd of cases in the docket.
 How bizarre is this case? And more than the case how sick and perverted has been the mentality of the authorities, who spent huge amount of money for the loss of mere pittance of 5 paise is reflected in this case. This is a classic example of monumental insensitivity of authority towards the department and the society, whose trust they are supposed to hold with good faith, sincerity and transparency. This is not loss of money but also the loss of the services of a person, which could have been utilized for the organisation. To top it all. it was a personal loss for the person, who fought the case for nearly 41 years and it will be very difficult to fathom the anguish, the mental trauma, the loss of prestige and economic hardships by the person who bro the brunt the heartless authorities. During this period, the dismissed workman might not have been able to educate his children and might not have been able to take care of his family. No body knows who came forward to help him in the marriage of his daughter, if any, or in the sickness of his family members.
 Another most damaging and deleterious effect of such litigations is to compel the employee(s) to become dishonest. There can hardly be any doubt that the dismissed bus conductor must have worked somewhere clandestinely for his and his family's survival which he could not have divulged to anybody for fear of being denied the back wages. This is an open secret that during the period of dismissal and pendency of the case workmen surreptitiously work somewhere for their livelihoods and the back wages that they get at the end of the litigations are the dividends and the windfalls for them. There is no doubt that this long drawn litigation could have been avoided with little bit of application of mind by eschewing the recalcitrant attitude of officials.


 The judiciary also cannot escape the responsibility of creating social tensions by delaying the cases for decades together. The need of the hour is to devise ways and means for swift delivery of justice. And in this process the use of technology should be enhanced of the benefit of society. Be that as it may, the above narrated real story tells a lot about the system, whether it is department, executive or the judiciary and they all have to make concerted efforts to change the scenario as it exists today..

Wednesday, September 10, 2014



To
Hon’ble Prime Minister of India
PMO, Raisina Hill, South Block,
New Delhi - 110011

Dear and respected Prime Minister,

Here is a request with a suggestion. The request is you to change the name of district Faizabad (Uttar Pradesh) and appropriately rename it as Awadh or Saket. It can also be renamed as Ayodhya that is only seven kilometers away from the district headquarters and is known throughout the world for being the birthplace of Lord Ram.

The world over there has been a trend to restore the old and ancient glory of the places by renaming them. In our country Madras has been renamed as Chennai, Bombay as Mumbai, Calcutta as Kolkata, Bangalore as Bengaluru, Vizag as Visakhapatnam, Banaras as Varanasi etc. Even the names of the many countries have been changed for retaining the old glory with which they were attached to. For instance, our neighboring countries like Ceylon has become Sri Lanka and Burma is rechristened as Myanmar.

I come from the Awadh region and I personally find it very painful that an ancient city was ravaged and devastated by a whimsical tyrant so much so that its name was changed to Faizabad. No body knows why was it done and why the old name Saket was not allowed to be retained? This was obviously done some times during the Mughal Period and the people of the area were so suppressed and terror- stricken that they could not raise their voice against this cultural barbarity.

The expectations of the people have gone up to sky high with your ascendancy as the Prime Minister of India. Although all the expectations and aspirations of the people cannot be met or fulfilled, yet change of the names of places with those of our rich heritage will not be difficult to be done. It can be achieved without any murmur of opposition from any side. Even professional secularists will not have the courage to oppose it. The people will get a sense of pride and belonging with which they have been associated with from time a memorial with this bold act of this government.

Needless to say, that the name signifies the quality and characteristic of a person, place of thing. There may be some crazy people, who will quote the Shakespearean line – What is there in the name? But even a devil can quote scriptures.  The fact is that if the rose is called by any other name, it will undoubtedly give the same fragrance but there will always be chances to be disillusioned. People often are attracted or distracted, in the first blush, only by the names. If some one calls a rose by marigold, it will certainly betray his/her ignorance. How apt is the Sanskrit saying, which says ‘Yatha Naamah Thataa Gunah’. Hence, it will be in the fitness of the things and time that the name of Faizabad should be changed to either Awadh or Ayodhya or Saket.

I have every reason to believe that a person of your understanding and courage will take the appropriate steps to fill the peoples’ heart with a feel of pride.

In addition, here is a suggestion. The name of Lucknow, Ahmedabad and Allahabad should also be appropriately changed. It is a painful to see that the legacy of slavery is carried on day in a day out in place like Delhi, which is the capital of India. I fail to understand why the names of some of the roads were named after independence, associated with the persons who ruled over this country with the cruelty, insensitivity and heartlessness. For example, I do not find any logic as to why we have Akbar Road, Humayun Road, Babar Road, Aurangzeb Road, Shahjahan Road, Tughlaq Road and Safdarjung Road in Delhi as these names are associated with Mughal rulers, who did not have any care or concern for the people of the country.

I, therefore, earnestly appeal to you that right steps should be taken to rectify these Himalayan wrongs and injustices, which have been shamelessly perpetrated to crush the honour and self-respect of the people. 

Thanking you and with warm regards,

Yours faithfully,


Parmanand Pandey
Advocate-on-Record

Supreme Court of India


Friday, August 1, 2014

Give the status of permanent citizen to Taslima Nasrin



I read in today’s newspapers that the long term VISA of the famous Bengali writer Taslima Nasrin has been extended for two months. She is a celebrated writer and her contribution to the literature has been immense. It is not only an insult to her but is a blot on the secular fabric of India which appeared to have been caved in the pressure of Islamic fundamentalists. I have gone through one of her novels ‘Lajja’ (Shame). It is a marvelous piece of literature. Its narrative is unique, full of empathy, sorrow, pain, suffering and heart-rending at places. She has vividly pictured in the novel the mindset of the bigots and fanatics of the Muslim community perpetrating atrocities on the Hindu minority of Bangladesh. Although it has been written in the background of anti-Hindu riots that broke after the demolition of the disputed structure of Ramjanmabhoomi-Babri Masjid on 6 December 1992, yet it provides the glimpse of the over-all pitiable conditions caused by fear and terror under which the Hindus have been living in Bangladesh, erstwhile East Pakistan, after partition of India in 1947.

The Hindus, living in Bangladesh from time a memorial, generation after generation  have been made to live like second rather third class citizens. The Hindu community of Bangladesh has to suffer indescribable barbarities by goondas belonging to the Muslim community. Their properties have been plundered, houses have been burnt, women have been raped, children have been maimed, men have been killed and family after family have been forcibly converted to a religion in which they did not have even a iota of faith. Those wearing dhoties were targeted and forced to wear lungies, those celebrating Durga pooja were asked to become iconoclasts and the worshippers of cows were compelled to become beefeaters. Humanity has got ashamed of the savagery of such a scale. Lajja is, therefore, a very apt title of the novel.

The novel is very realistic one and is based on facts. The description might have some fictional touches here and there to make it readable but largely it is a true story. In the novel the main character Sudhamoy, a patriarch of the Hindu family feels that the Bangladesh is his motherland. He has been living under the impression that his motherland (Bangladesh) would not let him down. His wife Kiranmoyi stood by her husband, his son Suranjan also believed that nationalism will be stronger than communalism and he used to have more faith and trust in his Muslim friends then Hindu friends. Nilanjana is the young daughter, who asks her brother Suranjan to shift the family to the house of any Muslim friend for the safety. However, her all hopes were shattered when men, including the friends of his brother, turned into wolves in the wake of horrendous communal riots.

There are nearly 20 to 25 million illegal Bangladeshis living in India. Communal riots often break out in Assam, other Northeastern states, Bihar and Bengal because of illegal migrant Bangladeshis. All major cities of India are inundated with these illegal Bangladeshis. Prime Minister Narendra Modi has been saying during his election campaign that his government would see to it that illegal Bangladeshis are sent back to their country. Although, no tangible efforts seem to have been made so far to expatriate the Bangladeshis, yet what we find is that a famous writer like Taslima Nasrin's, long-term visa has been extended only for two months. She is, without doubt, an epitome of courage, conviction and secularism. India must stand by like a rock behind her.

Taslima Nasrin's stay in India will strengthen the roots of secularism. She is a victim of the fatwa of zealots even in India. She is arguably the most controversial writer of South Asia. Her grandfather was a Hindu, who converted to Islam not by choice but under compulsion. She is a medical doctor by education but has taken to full-time writing and is an acclaimed across the world. Meyebela, My Girlhood: A Memoir of Growing up Female in a Muslim World is Nasrin's heart-wrenching account of a desperate childhood in Mymensingh, a relatively small town in Bangladesh. In this memoir (one of two volumes), Nasrin openly questions her religion, Islam, and its discrimination against women. Her sad and depressing childhood was an unfortunate byproduct of a unique combination of cruel elements, one of which was a repressive society where she says "I was simply supposed to accept without asking questions whatever the grownups decided to bestow on me, be it punishment or reward." Her uncles horrifically abused this woman. Taslima Nasrin’s books are banned in Bangladesh but read with the great interest throughout the world. Even in India she has to live in anonymity because of the threat of religious tyrants. She is welcome to live in western countries but she longs to live in India, particularly in Calcutta because here she finds the affinity of the people and homogeneity of culture, language and eating habits.


It may be possible that this short sighted decision of extending the Visa only for two months might have been taken by bureaucracy without the knowledge of political leadership. However, now since the matter has become known to everybody, the Government of India must step in to grant her the status of a permanent citizen to Taslima; so that she may not have to face any further ignominy and insult.