Saturday, January 22, 2022

Live-Streaming is the Best Substitute To Open Court Hearing

 By  Utkarsh Pandey, Advocate

The provision of open-court hearing is provided in every democratic justice system in the world. It ensures that transparency is maintained in the court by letting the people know how effective the justice system is working. In India also Section 153 B of the Civil Procedure Code says that ‘the place in which any Civil Court is held for the purpose of trying any suit shall be deemed to be an open court, to which the public generally may have access so far as the same can conveniently contain them. Provided that the presiding Judge may, if he thinks fit, order at any stage of enquiry into trial of any particular case, that the public generally, or any particular person, shall not have any access to, or be or remain in, the room or building used by the Court.’
Likewise, Section 327 of Criminal ProcedureCode stipulates that ‘the place in which any criminal Court is held for the purpose of inquiring into or trying an offence shall be deemed to be an open court to which the public generally may have access, so far as the same can conveniently contain them. Sub-section (2 says that ‘notwithstanding anything contained in sub-section (1) the enquiry into and trial of rape or an offence under section376, section 376 A, section 376 B, section 376 C, section 376 D or section 376E of the Indian Penal Code shall be conducted in camera’.
Open courts are necessary for the interest of justice so that the general public can see how the courts are functioning. In fact, it is of utmost necessity for the litigant to know the status of the case at every stage, be that the inception of the case or the end, the litigant has the right to know every detail which his/her attorney has done. Therefore, the open court was a necessary step taken by the Legislature to instil a belief in a common man that his case is being proceeded and defended in the best possible manner. Corona pandemic has indeed hurdled the open court proceedings.
Thus, it has made it more necessary that live streaming and online platforms should be used on a larger scale. It will be a big relief in these challenging times. Live streaming is not a new concept it has seen growth and decline in many countries, some of the popular countries which had included it in its system include the United States and the United Kingdom, Australia and Ukraine. Every system has its drawback. Live telecasting also has its drawbacks. In every system where public perception is involved there tend to be different views and opinions like; if we can recall the famous ‘K.M Nanavati vs State ofMaharastra’ case.  The system of Jury trial was abolished because the Supreme Court considered it proper that the majority of jury members were influenced, it is not important that the people can be influenced positively or negatively, if justice is affected in any other way that is a dangerous sign for a democracy.
Therefore, the Supreme has to be extra cautious while implementing live streaming as part of its system.  As we know media is the 4th pillar of democracy. The Supreme Court can put restrictions on it. Now a new breed of vigilante journalism has come up with the advent of the 21st century mainly due to the internet or Google making social media more powerful, which can influence people than any other form of media. Live streaming of judicial proceedings is indeed the future, it will make life easier and more convenient for many advocates and judges as well. If we can put aside the travelling expenses involved, live-streaming has saved more travel and waiting time. Indeed, there are flaws in it, but it is not something that can not be corrected. Gujrat High Court has become the first High Court in the country to telecast the whole judicial proceeding in the live feed. It is a welcome step as litigants also have access to assess whether their advocates are competent enough to handle their case or not.
Live streaming can also be a significant step for judicial education as well, if we can just consider the fact that live telecasting has enabled some time ago, then we would have had the privilege to watch and learn how the notable advocates and judges conduct their cases and how the law is defined and moulded by their words from any part of the world. Live streaming is an important evolution in the history of the judicial system it has to be used in the best possible way so that every person can benefit from it.

Sunday, January 16, 2022

Only Artificial Intelligence (AI) can Transform Tottering Judicial System


    Recently, a TV journalist asked former CJI Ranjan Gogoi why did he not go to court when a lady employee of the court levelled allegations against him, which he thought to be false?? Without batting an eyelid, he replied that who would go to the court to face further harassment? In a way, he echoed the sentiments of millions of people of the country about the Indian judicial system. At a time when algorithms and Artificial Intelligence (AI) have brought about inconceivable changes in the field of science, technology, medicine, art, architecture, transportation, communication, war and weaponry or other areas that we can think of, how long law and legal field will remain untouched of it? Genome technology is out to achieve what was being mentioned in myths. When men and women of extraordinary physical and mental strength can be had with the help of technology guided by AI, that too without the consummation of men and women, then why no efforts are being made to increase the use of Artificial Intelligence in the justice delivery system?

    Recently two scientific experiments in China have woken up the whole world out of slumber. One is the development of fusion of an artificial sun, which is said to be five times hotter than the real sun and the other is digitisation to streamline case handling and use of cyberspace for cloud computing of the court cases. One may have reservations about the Judicial Systems of China but how can one ignore the breakthrough that she has been able to develop an easy, cheap, and expeditious justice delivery system? Our system is horribly complex, expensive, and time-consuming. It is true that the justice delivery system of China and Islamic countries is a hoax, and it cannot be followed in democratic countries like ours, but should the efforts of innovations with the help of Artificial Intelligence not be undertaken in India when millions of cases are lying piled in the dark rooms of courts? The Judicial system in India has become a nightmare for the people of the country, which has given rise to corruption in the system.

   According to reports, the Chinese authorities have given a glimpse of the Cyber Courts to journalists, and they found that these Courts have delivered the judgments with more accuracy than the human judges in the courts. This system has been lauded by the litigants consisting of both plaintiffs and defendants. It has also removed the age-long complaints of ‘justice delayed is justice denied'. In this system, one can register the complaints online and log on for their court hearing. In this manner a total of 118, 764 cases were filed in the Supreme People’s Court and out of it 88, 401 were concluded in one year. It has already been in 12 provinces of the country.

   Chinese have adopted the Blockchain method, which is being taught in our IITs and Computer Science Departments of other Engineering Colleges. In this method ‘recording information in a way that makes it difficult or impossible to change, hack, cheat or tamper with’ A blockchain is essentially a digital ledger of transactions that is duplicated and distributed across the entire network of computer systems. Any country which does not march along the technological growth is bound to lag behind in all the parameters of development.

  Google has, no doubt, changed the very methodology of research, storage of information and speed of transmission. The time has come that the maximum use of AIs should be made in the justice delivery system of the country.  It will make the language of the courts simple and comprehensible, which is obtuse and complex in our courts. The initiative in this regard has to be taken more by the scientists and the government of the day than by the judges and advocates, who are trained to walk more on the beaten path than opting for any innovation. Unfortunately, our judicial system creates firewalls for any type of newness rather than embracing it with an open mind and arms.  

Saturday, January 15, 2022

Six Glorious Epochs of History: An Account of Wonderful India


              The suzerainty of Chanakya- Chandragupta: Invaders to Bite Dust

  Legendary Vinayak Damodar Savarkar aka Veer Savarkar was not only a revolutionary history maker for which he will always be remembered by posterity but was also a historian of great perspicacity. His book on ‘Indian War of Independence of 1857’ has already acquired the status of a classical book. His other book ‘Six Glorious Epochs of History’ is, without doubt, an eye-opener for all those who want to understand the history of India from the time of Chanakya-Chandragupta Maurya till almost to the end of the British Rule. Veer Savarkar himself has elucidated in this book that ‘there are hundreds of glorious epochs in the history of our nation which have undergone through the tests of poetic exuberance, music, prowess, affluence, the height of philosophy and depth of theology and many other criteria’. However, here the glorious history means the history of brave leaders and successful warriors who inspire and lead it on to a war of liberation in order to free their nation from the shackles of foreign domination, whenever Mother India has the misfortune to fall prey to such powerful fatal aggression and to grovel abjectly under it, and who ultimately drove away the enemy making it to an absolutely free and a sovereign nation.

  Savarkar has traced the authentic history that how Greeks like Alexander had to face very tough challenges from Indian rulers and as a result that he had to leave India. It was Chandragupta Maurya under the guidance of the Chanakya, who proved to be more than a match for the Greek invaders. It was Chanakya who emphasised that military might is necessary for maintaining political stability. Chandragupta had extended the boundary of his empire from Indus to Hindukush, which was then under the control of Seleucus Nicator, who was one of the bravest commanders of Alexander.

                    Pushyamitra Shung and Vikramaditya: Jewels of Hindus

  The second glorious chapter of the book deals with Pushyamitra Shung, who was also known as the destroyer of the Yavanas. According to Savarkar the decline of the Mauryan empire can largely be attributed to Ashoka, who after embracing Buddhism, had forgotten the elementary principles of the statecraft to maintain a strong army. He became such a great zealot of his new religion that he imposed rigorous penalties on all those who did not conform to Buddhism. He forbade even the killing of fish and fowl, depriving millions of people of their staple food. The horrible effect of Buddhism was that it dealt a heavy blow to the imperial might. This led to the rise of the revolt by the courageous commander Pushyamitra Shung against the effete king Brihadratha, who had succeeded Ashok. Shung beheaded King Brihadratha at the time of an army parade. Pushyamitra Shung was hailed by the people as their leader for this act of bravery.

 The third chapter navigates us through the reign of Vikramaditya, who has been described as the annihilator of the Saka and Kushan menace. Saka lived in Central Asia beyond Bactria (Baltic)in large wild gangs. The Sakas, Kushans and Huns entertained bitter enmity towards one another and were constantly at war. Around this time the naval strength of Indian kings, right from Kalinga to the Pandyas, the Cheras, the Cholas, and other south Indian rulers, was very strong. At this time the Malwa region had seen the rise of a powerful king like Vikramaditya, who started Vikram Samvat after his name. The emergence of Kanishka, his loyalty to Buddhism and thereafter abandoning of Buddhism by his grandson, Havishka is given in good detail in the book. The fourth epoch of the book narrates the Hunish onslaught and victory of Yashodharma. This period glitters in the lustrous martial achievement of the most daring and successful emperor Yashodharma.

 The fifth chapter is the longest one. Veer Savarkar has been very trenchant in criticising the ‘perverse virtuosity’ of Hindus vis-a-vis the knavery and deceitful nature of Muslims, which was mainly responsible for the hegemony of the Muslim rule in India. The first known attack of Muslims on India was by Mohammad Bin Qassim in A.D. 711. According to him Buddhists sided with Muslim invaders in the hope that they will embrace their religion as their forerunners, the Greeks under Menander or the Kushans under Kanishka had done. So their role was very reprehensible, who went and greeted the Arabian-Muslim leader when he (Qassim) captured Port Deval from the hand of King Dahir of Sindh. How shameful it was on the part of the Buddhist preachers that ‘we have nothing to do with Dahir and his Vedic cult. Our religious faith differs very widely from theirs. Lord Buddha has taught us ‘Ahimsa’ i.e Total Abstinence from Violence’. Whoever wins can be the ruler of the state, we obey him in all temporal matters. You are now victor, so now you are our King. Never suspect of a moment that we shall even enlist ourselves in Dahir’s armed forces or help him in any way. So, we pray that Buddhists should not be subjected to any indignities or troubles at your hands’.

                                      Treachery by the Followers of Non-violence

  The treachery of Arab platoons which were in the service of King Dahir rebelled and informed him that they would not fight against Mohammad Bin Kasim, since the latter was Muslimas, they themselves were, and that it was a religious crusade against Kafirs. Sadly, but predictably, what Buddhists thought to be a boon for them proved to inexorable curse for them. After winning the final battle when the Muslims rushed violently, like a stormy wind throughout the Sindh, they went on beheading these Buddhists even more ruthlessly than they did the Vedic Hindus. Only those Buddhists who took to the Muslim faith were spared, while their Vihars throughout Sindh were knocked down and hammered to pieces. Muslims hated these Buddhaparasthas-shrine worshippers. In fact, the very word Buddhaparastha found its way in the Islamic tongue is itself a corrupt form of the original Sanskrit word of Buddhists, Buddhprastha (Butparasta).

   Apart from the high treason of Buddhists, excessive emphasis on Ahimsa was put by them and other Jain kings, who were responsible for strengthening the roots of Muslim rule. It may sound ridiculous that King Harsha was so intolerant that anybody slaying any animal or using the flesh as food in any part of his dominion was inflicted with capital punishment. Kumar Pal was a Jain king of Gujrat who also used to impose savage penalties upon violators of his rules. It is said that an unlucky merchant’s all properties were confiscated because he had committed the crime of cracking a louse. It is like for saving a louse in the hair of a man, the very head of the man was cut off, that too, in the name of Ahimsa.

                                   Islamic Rule: Darkest Epoch of Indian History

  Hindus, because of their inherent weaknesses, could not bring back the millions of Hindus, who were converted to Islam willy-nilly. It resulted in the loss of the numerical population of Hindus. But the bigger loss was that those who converted to Islam became more loyal to their new religion than their homeland. Savarkar has written in appreciation of Rani Durgawati, Guru Gobind Singh, and Chhatrapati Shivaji Maharaj but his special praise is reserved for a convert Naseer ud din Shah, who reconverted himself to Dharmarakshak, who was from Gujrat.  Savarkar has proved it with factual evidence that except this Dharmrakshak Naseer Ud Din and queen Deval Devi, also from Gujarat, all those who converted to Islam proved to be the biggest and ferocious enemies of Hindus. All Muslim rulers who were born of Hindu mothers or connected with Hindu parents were crueller to the religion of their mothers. Be it, Jahangir, Shahjahan, Aurangzeb, Ghiyasuddin or Mohammad Bin Tughlaq. The history of Islam is replete with debauchery, insensitivity, and unimaginable cruelty. Incidents of loot, murder, violence, killings of fathers and brothers and despicable physical relations with mother, sister, and daughters. Humayun was a drug addict, Akbar had sexual relations with his mother like bairam Khan’s wife and Shahjahan had sexual relations with his real daughter, Jahan Ara. Thus, Islamic rule was the darkest period in the history of India.

                                           Savarkar: A Patriot to the Core

The sixth chapter is the description of the war of India, mainly Hindus, against Britishers. In between, he has criticised Hindus for giving undue importance to vegetarianism, tolerance, abhorrence of retribution etc. The addenda of his letters to his younger brother are highly moving. This shows the height of sacrifices he had made for the sake of his motherland. He was allowed to write only one letter in the year to his brother. While other prisoners were given amnesty after a certain period, he was consistently denied. In one of the letters, he wrote to his brother that even if amnesty was not given to him, at least his co-prisoners should be given amnesty as per the rule and the same will give him immense satisfaction. If the addenda of the book are read by all those who have been his armed chair critics will come to know about the rigours and endurance of Savarkar that he made for the country. Even after his release, he was at the forefront of guiding the youth of the country. His love for Hindutva and Hindus needs no elaboration. The book should be read to understand the history of the country from the angel of Savarkar. One may agree or disagree with him on certain points, but he cannot be ignored. The book shows how broad and insightful an understanding he had of the country.

 By Parmanand Pandey

 

Monday, January 3, 2022

Praiseworthy Call of Justice Nazeer to Adopt Ancient Indian Jurisprudence

Parmanand Pandey

Supreme Court Judge S Abdul Nazeer must be complimented for having spoken his mind about throwing the colonial legal system by adopting ancient Indian jurisprudence.  We have seen that most of our lawyers and the judges are so obsessed with the western legal system that they even refuse to see that it is full of flaws, and no one can expect to get real justice. A journalist friend of mine, who can legitimately be called a veteran, says that the present judicial system, which we have borrowed from colonial rulers clearly favours the rich and moneyed people. It also ingrains the idea of sycophancy and subservience.  He says that such is the state of affairs of justice in our country that frequent use of ‘My Lord or Your Ladyship’ is considered to be the good courtcraft. The limit of the imbecility of the Advocates, particularly of the so-called Seniors, is seen to be believed. Even if their cases are dismissed at the threshold, they bow down their head by saying ‘Obliged Your Lordship/ Ladyship’. In this system, the poor person is not only harassed but is invariably denied justice. It is because of the existing legal system that the mountains of cases are found lying in different courts and are piling up with every passing day. The irony is that neither the judges nor legislators ever thought of changing the most unsuitable legal system that we have in the country.

Jurisprudence, as is known in common parlance, is the grammar of law. It throws light on the basic ideas and the fundamental principles of law. It provides a guideline to judges and lawyers in ascertaining the true meaning of the laws passed by providing the rules of interpretation. Is it not strange that most of the legal brains of our country are either unaware of or frown upon the legal theories propounded by Manu, Brihaspati, Yagywalkya, Parashar or Kautilya. We have a complete philosophy of Nyaya Shastra by Rishi Gautam, which is supplemented by Vaisheshik Darshan of Rishi Kanad.

Nyaya encompasses propriety, logic, and method, which are necessary to get to the bottom of the truth. It emphasises the science of causes (Hetuvidya), the science of enquiry (Anvikshiki), the science of correct knowledge or epistemology (Pramanshastra), the science of reasoning, innovation, innovation, synthesis (Tark-vidya), the science of discussion (Vadartha) and most the important is the science of uncovering sophism, fraud, fakery, and error (Phakkika), which has been developed into a shastra. Out of six Pramanas, the Vaisheshik of Rishi Kanad emphasised more on Pratyaksha (perception), Anuman (inference) and Prashastapad (syllogism). But these methods are hardly used in the present dispensation of justice. These methods, reinforced with the philosophy of Mimansha, can be immensely useful for easy, accessible, and cost-effective (cheap) justice to all. Unfortunately, these nuggets of justice have been given Cinderella’s treatment by our present judicial dispensation.

Some of our so-called legal luminaries have given undue importance to Naturalists like Aristotle, Thomas Aquinas, John Finnis, or Legal Positivists Like, John Hobbes, Bentham, Austin, HLA Hart or other Utilitarian thinkers like J S Mill and John Rawls. Dependence on the Colonial system is the main cause of judicial poverty and misery in our country. At a time when the present judicial system is fast collapsing and the use of Artificial Intelligence has become inevitable, there is an urgent need to think over our ancient jurisprudence.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Saturday, January 1, 2022

Unions will have to Adopt Out of Box Methods to Protect the Interest of Journalists

 

  The face of journalism has undergone a cataclysmic change in the last thirty years, The credit must be given to the technology, particularly to Google. Pre-Google journalism was slow but more credible, demanding and labour intensive but post-Google journalism is fast-paced but not so credible and requires much less labour. Earlier one had to wait for almost a day to get the newspapers, which often carried stale news, but one gets the update at every minute. In India, for some 35 years ago, the only electronic media that we had were the government-controlled All-India Radio and Doordarshan. But when the doors were opened for private channels, it was the second phase of the revolution. However, after the advent of the Internet and Google, there is hardly any need for newspapers or even Television Channels because one carries the gadget of news in one’s own pocket in the form of a cell phone. Not only news but views of different types are available on the mobiles, and this is the reason that Mobile Journalism (MOJO) has gained unprecedented popularity. It has caught the imagination of the readers, audience, and viewers.

Post Google Journalism has given rise to digital journalism, and this is the many important newspapers and magazines of the world that have stopped their print editions. Needless to say that the digitisation of newspapers has expanded the reach of the newspapers beyond geographical boundaries. For instance, earlier one could read the Assam Tribune-a leading newspaper of the Northeast in the limited areas. Now the social media has become more powerful than Print of Electronic Media but since it has no gatekeeper, it has taken the credibility of the media to rock bottom.

Working Journalist Act was Indeed a Revolutionary Act

For the journalists in India, the year 1952 was the turning point, when the Government decided to constitute the First Press Commission headed by Justice G C Rajyadhyaksh, which provided for the enactment of the Working Journalist Act, 1955, which properly defined the journalists, and the provision for the Wage Boards for the revision of wages of the newspaper employees from time to time and also for the enactment of the Press Council to ensure that the norms of journalism are not violated. To be fair, it worked well for some time, but it has now no relevance. The definition of journalists has completely changed, Wage Boards do not hold any good and the same is the case with the Press Council of India. Even otherwise also, the Press Council was a toothless tiger. It has never had any powers to regulate the erring newspapers or journalists or those, who have been creating problems for them in their free and fair workings. As a matter of fact, the Press Council of India should have been disbanded long back and replaced with an all-encompassing Media Council.

According to the Working Journalist Act, a person whose principal avocation is a journalist and who is employed as such, either whole-time or part-time, in, or in relation to, one or more newspaper establishment is a journalist, but it does not include any such person who is employed mainly in a managerial, supervisory, or administrative capacity. However, in the new definition, as provided in the new Code of Occupational Safety, Health and Working Conditions, Electronic, Digital Media and Web Portals have also been included.

It must be mentioned here that the definition of the Working Journalist has been amended and enlarged only on the constant struggle of the Indian Federation of Working Journalists (IFWJ) at all available fora. It submitted a comprehensive memorandum to the Parliamentary Committee on the Labour Ministry, which incorporated the journalists of all genres in its definition. Now the revised definition is that  "Working Journalist" means a person whose principal avocation is that of a journalist and who is employed as such, either whole-time or part-time, in, or in relation to, one or more newspaper establishment, or other establishment relating to any electronic media or digital media such as newspaper or radio or other like media and includes an editor, a leader-writer, news editor, sub-editor, feature writer, copy tester, reporter, correspondent, cartoonist, news-photographer and proof-reader, but does not include any such person who is employed mainly in a managerial, supervisory or administrative capacity.

March of Technology must be Embraced for the Betterment of Journalists and Journalism

However, it must be accepted, in all fairness, that the digitalisation of the Media has given the biggest setback to the unity and struggle of the journalists across the board, but the march of technology can neither be stopped nor should be stopped. The only way out is to make maximum use of the technology for the betterment of journalism and the journalists. Trade Unionism has become the biggest casualty. The Damocles’ sword always hangs on the heads of all those who try to unionise the journalists. Previously, the newspaper employees used to rub shoulders with non-journalist employees, who used to provide rock-like support in the struggle. Now it is almost impossible because printing has lost much of its sheen. It holds good not only for the Portals and Electronic but also for the Print media. The mushroom growth has further created a lot of problems for the uniformity in wages and other facilities for the journalists.

The newspaper proprietors have already been denying legal rights to employees like wages as per the recommendations of the Wage Boards and other rights as available to them under the labour laws. So, it will be futile to expect much from them. Now the chances of getting the legal rights have further become bleak. Assam Working Journalists Union is a premier organisation of the journalists, not only in the Northeast but it has been a role model for the journalists of the entire country. Its outgoing President Shri Keshab Kalita, who is also, fortunately, the Vice-President of the IFWJ has set an example of the struggle for the journalist community. We hope that the new leadership will continue to get his guidance and inspiration for safeguarding the interests of the journalist community. IFWJ extends its best wishes to the new leadership of AWJU.

Parmanand Pandey

Secretary General: IFWJ