Judicial and Social Imbalance

With the increasing frustration over our legal system getting to me, I finally decided to write on the anger and frustration I feel about the Ruchika Girothra case and what that m.f inspector Rathore did to her and her family. How our politicians never once felt the guilt of answering to their daughters, wives, sisters for not juz protecting but promoting a police offer who had a case of “molestation of a minor” against him. Those ass**** even went on to recommend the police officer for a presidents medal. The same police officer who got the girl expelled from her school for complaining against him, who had the girls brother beat up brutally and charged him with various cases, who harassed the family so much that the poor girl couldn’t take it anymore and committed suicide to protect her family from any further embarrassment. What a bunch of bastards. (sorry for the abusive language, but I tried my best to keep it down to this instead of something worse)

Give it to those brave parents who fought through all the tough times but never dropped the case. Give it to that friend who at 14 years (at the time of the incident: 19 years back) was the sole witness to the incident, but never changed her stand despite the nightmares she had to face from the police officer and his supporting staff including politicians. We have to wonder if any one of us would have stood this strong at her age amidst so much political and physical torture. You have to salute the girls parents for fighting the case for 19 years. But what do they get as a reward for their perseverance for justice? 6 months of jail and a Rs. 1000 fine for the police offer. WHAT A F**KING JOKE!!!!!!!

Our judicial and political system needs a change. It is begging and pleading for a change. Grrrrrrrrrrrrrr..

Anyways, so instead of my writing in my own screwed up writing style, here is a good article from someone written a couple of years back ( I pulled it out of my archives) on a similar problem at the time. Ironically, the issues he writes about back then are the same that we are talking about today. Not much has changed from that time. :)


Justice for all, for social stability
Kiran Karnik

India seems to have stumbled on an altogether new paradigm that threatens the very foundation of modern science: we have discovered effect without a cause – crimes are committed, but there is no criminal!

During the last few weeks, India’s justice system has been in the dock and – by voice vote – has been overwhelmingly adjudged guilty. In a series of high-profile cases, the criminals have not been brought to book and there is widespread perception that the system has not delivered. Witnesses who turn hostile have now become a regular feature of such cases, clearly pointing to the role of money and muscle-power. It seems that the effects of money and influence extend beyond the witnesses too. Whether it is this that ensures shoddy investigation and poor prosecution, or sheer inefficiency, is difficult to say; the result, however, is a reprieve for the accused.

Recent cases – particularly the Jessica Lall, Priyadarshi Mattoo and Meher Bhargav murders – have aroused strong passions amongst the urban middle-class, especially in Delhi. In these, and in may other cases, the accused are the kin of politicians or other powerful people. The impression seems to have grown amongst the well-connected that they can get away with anything. Sadly, they seem to be right. It is difficult to recall an instance of anyone from the power-class being convicted – despite dozens of cases of corruption, rape, rioting and even murder. Either all these charges are false, or we have a pretty serious system failure.

The popular protests in Delhi, high lighted and amplified by the media, focused on the need to enforce the law without fear or favour. Ironically, many amongst the protesters were those who themselves routinely subvert the law through bribes or influence. This has been brought home by the howls of protest, by some of the same people, against the demolition of illegal structures. The fact is that the culture of bribes, pay-offs and a “word from above” has been promoted – if not created – by a large proportion of the power-class. The police – by and large – are willing recipients, as is much of the bureaucracy. As a result, the law and law-enforces are neither feared nor respected.

The perceived lack of consequence, and hence the deterrence, brings into play the rule of escalating license. The habitual traffic-signal offender or wrongful car-parker, knowing that he can escape punishment by either name-dropping or money-dropping, feels that he can do the same with more serious crime. In chaos theory, the fluttering of a butterfly’s wings in Beijing can cause a storm in New York; such is the impact of minor changes in initial conditions. In a similar manner, the little perturbation to the system through a minor violation, at the level of the traffic constable, can result in a storm that destroys much of it.

The minor everyday violations of the law, seen most prominently on the law, seen most prominently on the streets of Delhi, are the visibly symptoms of an ineffective system. Poor enforcements results in lack of deterrence and a loss of respect for the law. Compounded with the ability to buy or power-broker one’s way out of any enforcement, this gives credence to the swagger and “no one can touch me” boast of the powerful. Little wonder, then, that such arrogance is complemented by a matching belief on the part of the rest of society. Not surprisingly, this is most visible in the states with poor governance and in the corruption capital of the country, Delhi.

India’s judiciary has, for long, been respected for its independence, eradication and vision. The highest court has given many landmark judgments and has sometimes been a more powerful voice of the people than their elected representatives. Yet, the overall system is so overburdened, its arteries so clogged, that its heart is in danger. Cases that linger for a decade or more – thanks to endless adjournments, transfers and vacations – make courts the place to delay justice rather than to seek it. Add bribery, threats, false cases and hostile witnesses, and what you get is a mockery of justice. Little wonder, then, that those who can, take the law into their own hands.

A number of reports and commissions have made some excellent recommendations for desperately-needed police reform. However, the absence of people’s pressure has made it easy for politicians with vested interests to scuttle any reform. Meanwhile, those whose voices carry weight with the government have focused on all other aspects – from privatization and economic reform, to FDI and labour reform – but not on the pressing need for radical reform of the justice system. The articulate middle-class is quite happy with the present arrangement as they are confident of being able to find an appropriate conduit, should the need arise, that will get them out of the minor contingency which may arise. It is only on the rare occasions when they are at the receiving end that they perceive how the system has been skewed.

The corporate world – and, indeed, all of the urban middle-class India – must realize that if there is one show-stopper for an economy on the roll, one deterrent to investment and one storm to end their shining party, it is social upheaval. If over 160 districts in the country are “Naxal-affected”, at least part of this growing spread of violent armed action is due to the perceived lack of a fair and equitable justice system. The answer to Naxalism is social and economic justice, not merely more police forces. It is, therefore, a matter of self-interest for the power-class, the beneficiaries of today’s corruption distorted system, to quickly mend the system before it breaks. This does mean giving up the privilege of breaking the law, which some amongst them are able to do with impunity today, but that is a small price to pay for ensuring their own future.

Meanwhile, those with no “contacts”, the poor and disadvantaged, continue to hope for justice. Let us not assume that like Beckett’s Estragon and Vladimir, they will indefinitely continue to wait for Godot.

Breeding Leadership Within an Organization..

Here is an email discussion that i was having with a group of friends on why building leaders and managers from within the organization is much better than bringing someone from outside.

*****

JIgs,
I obviously do not have the experience of running a business like you and some others in this group so would love to know why you think that in-bred people do a better job at leading a company/dept.

I would agree with your statement in cases where the company and department are functioning really well and just need to continue to build on it. But if the department/co is struggling I would think that an outsider can serve as a much better leader as he/she can bring a newer/fresher perspective to the group.
What do you guys think?

Kushal

*****

MY REPLY:

First and foremost a clarification that the article (http://ibnlive.in.com/news/mukesh-ambani-ranked-5th-best-ceo-in-the-world/107357-7.html?from=tn
)itself shows and which I do not dispute, is that the in-breeding thing is not 100% a surety, it only suggests that there are more cases and chances of an in-bred manager or CEO building up an organization better than an outsider. If you pull out the history of major success stories, you will see that in a lot of cases companies have tried to build up a “CEO in the making” internally from their organization.

A new person coming into the organization at the top spot brings a lot of baggage (good and bad) along with him/her. While I agree that a new leader brings in a fresh perspective to the organization, new systems and a different culture. But at times, the negatives outweigh these positives.

A new person coming in as the head of a dept or organization needs to re-establish chemistry in the team under him/her that he/she is starting to work with for the first time. There is a lot of tentiveness (if that is a word) among the team because they don’t know much about the new person in charge and what is his/her style of working. A lot of politics also starts to play out because there are a lot of suckers who try to get on the right side of the new boss who himself doesn’t know until later who the suckers are. It further sends the signal to the employees that no matter how hard they work or how smart they are there are limited chances of growing in the organization.

There are way too many uncertainties that a new person brings in to the organization and so unless that person is well worth the risk, it most cases its better to go with a known evil than an unknown evil.

Compared to that, if you have a manager or employee worthy enough of being elevated and you elevate him/her, it sends out a positive signal for everyone. Yes, there might still be some who would not like it, but to me the advantages (in terms of financial – salary structure and operational know-how) here are more than the disadvantages. There are a lot of times that I have observed in the past couple of years, when I have realized that my engineers are better than they are (there are times when it has been the other way around as well ;). when they are working under someone they don’t open up easily and don’t express their new style of working because in india from the school level we breed the idea of never challenging your superiors. But when that same person is given the independence he/she shows you they have better ways of doing something. So even an in-bred manager can bring a fresh perspective if given the liberty to think freely.

Besides, if you look at history, a lot of times companies who are struggling go for an outsider or a big-time name because it has a lot to do with image change in the market. They want to send out a strong signal to their shareholder/market/employees/promoters that they are trying to change the culture of the organization to stop it from bleeding. So it has more to do with an image make-over rather than operational advantages.

Can give more details on my individual views but will spare all those who took the effort to read till this point.

Disclaimer: these are my personal views/opinions and don’t have to be agreeable to everyone. The views and opinions are up for debate. lol

you know you are a visitor in your own house when..

sorry for the long subject line but it seemed the most appropriate one for the context.

when you travel as much as i do, you have to keep looking out for signs from your family that tell you that they dont enjoy you being out soo much..
my parents do tend to get creative with their comments from time to time to drive home the point of my travelling a lot and not finding a girl. but things got a lil too far yesterday.. :)

you know you are a visitor in your own house when..

1) when you enter your home after an out of town trip and you are greeted by your mom with "Hello Mr. Jigar, you are in Room No. 101 on the first floor". when your parents start numbering your room and call you "Mr."

2) when your mom calls up in the evening and asks what you'd like to order for "room service" in the evening meal.

3) when you enter the gate your dog starts barking at you as if you are a visitor. its like the final nail in the coffin when even your dog starts expressing his displeasure at your travelling. :)

atleast my travelling is bringing out a creative streak from my parents (and my dog). lol
will keep adding to the list as and when my parents get more innovative with their comments and actions. ;)

A mid-afternoon discussion..

written on: 25/11/09

Over the last two days I went through some experiences which changed the way (or from where) I think. I realized something really shocking but interesting about myself:

“I think through my “nose””

My nose has been completely clogged and locked since the last two days, and only then did I realize that I couldn’t think straight because of it. I would start saying something, get distracted in between and not be able to revert back to my original chain of thought. I ended up dropping words from sentences. I looked like a zombie and from what I am told, I behaved like one for the most part.

Through the course of it is when I realized that I probably give too much importance to my brain. It dawned on me that my nose is what does all the thinking and strategizing and not my grey cells. So the next time I come up with a smart solution to something I should now give credit for it to my nose and not the junk under my skull.

I fully intend to write a full blown research paper on this and am definitely looking forward for the nobel price for this path-breaking research. I need to start preparing an acceptance speech and train myself to handle the media frenzy that will come along with the recognition.
This email should be proof enough that with my nose on a strike, I cannot even write a good email.

The worst part is, because of the nose and subsequently my brain on a vacation, I lost an opportunity to score some good first impression points with a cute girl I was introduced to yesterday. I could not unleash my boyish charm on her (for all those waiting to make smart ass comments on this, can take those comments and shove it up their…… nose ;)). How could you make a good first impression when you are blowing your brains out through your nose into a handkerchief every few minutes? I didn’t stand a chance. Lol

Btw, my special talents will be on display later today evening trying to do some screwed up version of the following

http://www.youtube.com/watch?v=6JbfZm0pHo4

don’t ask why and what it is about. Just be glad that you are not going to have to watch me doing that. :)