EXPEDIENCY IS THE WORD OF THE DAY

EXPEDIENCY IS THE WORD OF THE DAY


The urbanization is taking its toll in our day- to-day life. No one has time to pause and think. The general & popular mantra is to see behind and move forward, so no scope for innovation or concern or personal touch. Nowadays the personal touch is also accorded in the business like manner and promptly signified through packaging for utmost mileage otherwise it looses its relevance because the memory of people is too short. In some sense the short memory is good also otherwise life of a person will become so tense that he would not be able to pull along the life.

You must have noticed the scene in a park or ground where a politician or a dignitary is scheduled for a lecture or visit. Before the D- day, the screening of area is done, survey is carried out by security personnel, the area is sealed and various works for protection is carried out. Then snuffer dog squad sanitize the area prior to the visit and finally the visit takes place. What happens after the visit? The area bears the deserted look as if no one cares for it. It does not matter to anybody that some miscreants may take a round of the area , may carry out even photographic survey and can wait for a easy prey next time who would in no way be less important then the previous one. But who cares?

Take another example. The foundation stone for a new building is to be laid out by a renowned person so before this not only the ground is purified by sprinkling sacred water but the place as well as all the implements are also offered worship by priest prior to use. What happens afterwards? Let me tell you, If the area is not isolated by the barbed wire or fencing you would not find even the inaugural stone and the very next morning you would find people and animals attending to the nature’s call over it.


I happened to attend a mahayagya by the side of Ganges in Allahabad sometimes back which was to be conducted by the one hermit of repute. I would not take his name. During the puja and hawan , all the God & Godess were summoned to that hawan- kund and were given offerings by way of Ahuti. After conclusion of the puja, all God & godess were requested to go back to their respective Places ,in Hindi it is called loks. After that there was a feast which was attended by thousands of people and prasad was taken by everybody. Then every body dispersed after touching the ground by forehead at hawan-kund. Now the hawan-kund was open to its real claimants and there was no body else. The dogs had the feast after their masters, after all the loyalty of a dog is undisputed and at many times it has been found to be more than that of the human beings. Next morning the same drama starts again. The remaining Ahuti and the ashes were taken out of kund in the most sanctimonious way and then taken to the river Ganga for immersion. You must have noted that without dumping the dirt in river Ganga no purification takes place. And we do this with utmost religiosity. I do not know that how long we will keep on generating dirt in the society and the sacred river would keep on cleansing our dirt as it has been doing since time immemorial.

Why I am taking examples of religious activity ? It is because this is the activity which we do with utmost sanctity, devotion and care. At other places the situation is bad to worse. Recently I was attending the inauguration of a fate by a dignitary. As usual, no new work commences without the worship of Ganesh ji- God known to dispel negative influence and bad omen. The priest was aware of the requirements but was oblivious to the availability of a statue of Ganesh ji. We all know that necessity is the mother of invention, so it took place. A burning lamp, in Hindi it is called diya, was ignited and kept on the ground assuming it to be incarnation of Ganesh ji. Everybody was very religious at that point of time with folded hands and closed eyes concentrating on Ganesh ji in the form of diya. After that a rock was put on the ground duly sanctified which was worshipped and finally a coconut was broken over it.

Now guess what happened subsequently. Everybody present there had actually very short memory, so every body forgot that the burning lamp is still lying on the ground along with the sanctified rock and the broken coconut to which they were worshiping just now. People were going crossing it, over it, with every body attentive towards the VIP and the God, who was summoned to propitiate the ceremony seconds before ,was still lying on the ground. After some time I turned back and found a lady sitting on the ground, struggling to lift that lamp below the feet of people with the intention to shift it at a separate ,proper place. The lamp was hot and it was little bit difficult to shift it. That stupid priest was standing like a dumb as if remembering something , lost in thought to figure out as to how that lamp has been there.

If in a crowd of 200-250 people , you find it hard to find a person who is sensitive to this very evident requirements & facts then you can very well imagine that in which type of mindset we people are living. That’s why in this country it is very easy to find a good temple built by a wealthy businessman but it is equally difficult to find it properly maintained subsequently. It is altogether different matter that a very pompous ceremony takes place for installation of deity and more grand ceremony is organized for its inauguration by a VIP or minister or industrialist who puts a plaque proudly stating- this temple has been constructed by so & so….. OR this temple is inaugurated by so & so…

In this country of millions, God also needs donation by a mortal being created by himself for his residence and needs a introduction too like issue of identity card in the form of a plaque proudly affixed on the gate of temple at a prominent place. Thanks to the Department of Registrar of Birth & Death who does not come to God asking for his birth registration certificate and the affidavit needed for registration when He is born……. Good

RECESSION IN WORLD ECONOMY- AN INDICATOR TO TAKE LESSONS

RECESSION IN WORLD ECONOMY- AN INDICATOR TO TAKE LESSONS


Nowadays a lot of hue & cry is there about the slow down in economy in various countries. To be frank, I have not understood all this. The slow down in economy is primarily of two types- one is known as depression and another is known as recession. The depression do have a longer time effect as compared to recession for its continuance as well as recovery. The depression has to do with the problems in economy with in infrastructural domain while recession is concerned with market driven economy linked with share market. The share market experts treat recession as a healthy sign for a phase of one to two year after a bullish phase of three to five years. Then the natural question is – If it is so then why so much hue & cry for a normal phenomena which is bound to happen?

To understand this, you may have to first know the forces in play in today’s world which drive a economy. The world economy today is not in that phase which it used to be two or three decades ago. To understand this, take a few examples. The Ford motors used to manufacture cars right from the stage of manufacturing steels to every components of car to their assembling till marketing. Now the Maruti Suzuki gives franchise to various concerns for manufacturing small parts, establishes ancillary units for certain components and remains limited to assembly lines and marketing network. The Boeing company though retains the proprietary rights but a Boeing airliner is assembled from major inputs from partners in seven countries.

Take another example of Nike shoes which is produced by assembling components from independent suppliers from nine countries under Nikes coordination in Asian factories. Nike is “merely” a designer, a coordinator of a global supply chain encompassing 800,000 workers worldwide. Now the pre-requisites is to possess the core competence with proprietary rights and having partners occupying other parts of value chain. Therefore today Nike specialises in designing & marketing only and resorts to outsourcing the production of shoes to other partners.

Dossany & Kenney after concluding their study of US economy while studying the recession in the economy have opined that US needs to move up the workers in its chain the economic ladder to make them to work on creative tasks like design & marketing. Today the industry functions on the fundamentals of co-operations and networking. The outsourcing does not remain limited to a particular areana in a chain of productuion line but it brings along with it the complete gamut of complicacy linking to various subchains , minor production lines, marketing and designing network which are linked to each other like a web.

The outsourcing has resulted into jobs going to foreign countries as assessed for the US economy and the blue collars jobs are being replaced by the jobs demanding specialized skills like designing etc. Today most of the international giant corporations do have their design hub in developed countries or US but the manufacturing is carried out in countries like China , Mexico, Bangladesh etc due to availability of cheap human skilled or semi-skilled labour needed for the job. The internet has played a very significant role in this scenario where a designer is available online to do a similar job at the tenth of the cost with same efficiency and is able to send the designs very quickly online. The leading economies while formulating the blue print of diversification & decentralization of production line had decided to retain the designing and marketing expertise had failed to appreciate the potential of internet web which may crash their economy by snatching the specialized white collar jobs and paralyzing their economy.

Today the fear psychosis is playing in the mind of developed countries to loose the future jobs of designing and the core competence to the internet generated market if it is not checked in time for the reason that the production line has already been outsourced to developing & under developed countries. It would not help them even if they restore back the production line to the developed countries since it would not be commercially viable due to reduced cost of production on account of cheap labour available in second or third world countries to do the manual jobs. Though the immigration policy of developed countries have been able so far in keeping job seekers from developing world out of developed world but how would they check the invasion of internet snatching their white collar jobs.

The above deliberation highlights few salient features of modern day economy-

a) The economy of various countries are linked to each other inseparably today and are susceptible to the inter transfer of good or bad happenings from one economy to another.

b) The outsourcing has increased the role of developing & under developed economies in today’s world.

c) The developed countries are going through a fear psychosis that their specialized and white collar jobs would be lost to the third world countries. These sentiments are high in the share markets and uncertainty prevails in the mind of investors.

Now the need is to understand the role of share market in the world economy. Today every company raises money through public participation by issue of shares . It is needless to say that the public sentiments do affect the share market. The rise or fall of price of a share is primarily governed by the demand and supply equation of share purchase or sale which is linked to prevailing sentiments in the market. The role of media is also important because they have the capability to spread the news which subsequently shapes the public opinion. The cost of shares in the market governs the market capital of a company. Though there are yardsticks to assess the book value of a share but P/E component ( price of share to earning per share) is totally dependent on the demand and supply of shares rather than the demand & supply of goods being manufactured by the company. That’s why we see that a particular share trades at 10 or 15 times of its valuation regardless of the actual profit. The cost of the production has very little role in determining the trading price of a share which ultimately governs the overall valuation of share market in a given country.

Hence it is clear that performance of a company is always based on the performance of shares in the market though it is not the actual representative of the assets of company. The growth of economy as reckoned in public sentiments today is more based on the market driven factors rather than the other financial yardsticks. When the market was in the bullish phase and market sentiments were high on positive notes then no one had bothered that the production , demand of products has not been raised as many times as the valuation of company and cost of shares has arisen. Then the GDP of country was also rising with ever high growth rate in economy. But when the market has entered in bearish phase and the market sentiments are negative , the share prices have crashed in all the countries so do the various countries economies then every body appears to make noises about it. Does this downfall in economy real? I can answer in short that the downfall is as much real as the rise was.

No one would dispute that the market sentiments do affect the production of industries because if market sentiments are hurt then the demand of product decreases. But does the demand really decrease in the same proportion the share has reduced in its valuation? The answer is no, never. We have to understand that the demand in shares depends upon the number of times a share is sold & purchased which means that if somebody rotates this cycle ten times then it would be counted as demand of ten units in share market while in reality the demand of product in market would be that much unit which is actually sold after manufacture. This applies to service sector also like IT industry, Consultancy etc but to the limited extent because here the human skills is concerned and no materialistic evaluation can be carried out as in the case of FMCG, OIL& GAS sector etc. It is clear that in share market the virtual demand is generated which results into hyped share prices and therefore any valuation of worth of a company or soundness of economy based on share market prices is bound to generate a virtual money, virtual assets as well as virtual growth which is bound to be different from the real growth, factors. This virtual money is like a bubble which has volume but not the weight so it is bound to be deflated.

The role of traders, lending rate prevalent in a country, interest rates payable on loan and bank deposits, role of FII, role of international mutual & hedge funds do also contribute to drive the prices of shares in market which has very little to do with the valuation based on the actual demand/supply of product and cost of production. The component of black money in circulation in a given country and avenues available for its investments do also have a role to play in the valuation of trading prices of shares. But all these factors do not contribute towards actual growth of economy. It is also now being realized that though the outsourcing of blue collar jobs by developed countries to third world countries reduces the cost of manufacturing, raises the profit component per share but it does not creates jobs. This a important factor to indicate that in today’s world economy the employment is not generated though the cost and valuation of economy keeps on rising to the great extent, if market is in bullish phase.

The testimony to this virtual phenomena is that the second & third world economies are least affected by the present meltdown and the economies of the first world are worst affected. Whosoever had gained more has lost more too in the downward trend of market. The market valuation of worth in trading of shares in every country has been down from half to one fifth of the peak valuation. It means that money has been lost in every country and in total in this world. Then the first concern is that where from that much money was generated when market was at peak and then afterwards where has it gone when market is plummeted. Does it mean that value or amount of money lost in capital has been taken away by some ALIENS out of this world? Definitely not. Then what is the fun all about this?

I can conclude that money has gone to the same place where from it had come earlier which means it was virtual money with virtual gain and the loss is also virtual. But such phenomena do affect adversely the world economy because a common investor when calculates his prices of shares from the peak valuation ,he thinks that the difference in valuation has been his loss interalia this phenomena shakes the confidence of a common investor and the markets goes into the bearish phase due to the negative sentiments and loss of confidence in the market/economy. The U S market controls approximately 25 percent of world GDP therefore any rise or fall in US economy do affect other countries. In today’s world of media & internet connectivity vis- a -vis dependence of various countries on US economy due to outsourcing, it is seen that any negative sentiments in public in US do influence other economies with cascading effects. Therefore the rise and fall are very steep and linked to US economy. Presently the US economy is passing through very bad phase of recession generated due to its policies of outsourcing to third world countries , investment in the law and order situation of other countries, diplomatic investments in certain countries and failure to sustain the desired economic growth in their own country. Their inability to fight the increasing unemployment accentuated due to loss of white collar jobs of specialized skills and inability to retain effectively the core competence of the value chain being lost to the other country due to internet invasion has further worsened the public sentiments in US.

The restoration of US economy and the positive sentiments of US people would again pull their economy out of recession and may indirectly contribute towards the positive sentiments of people of other countries in the market. This may again result into the cascading effect of generating confidence in investors rescuing the world market and putting it again on bullish phase and growth. Then slowly the loss of money in the world economies will start recovering and probably higher peak then the previous one would be achieved by the market but this is the time to take lessons, take remedial measures and be aware of the pitfalls of share market driven world economy. Untill this happens, world economies and world market would remain in the melted down state with valuation of market and shares in the devalued form.

INDIAN OSCAR FOR SALE

INDIAN OSCAR FOR SALE


There is no Indian Oscar. Nowadays the trend is to feature Be- car. Any body can see it in news media, internet etc, etc. Initially I thought it is something like Os-car. Could it be a Ad name for a mobile ? No no, not Nokia or something. I mean the transport, car to say. Recently we have been talking of Nano… of course car. Then a well wisher reminded me that there is no company manufacturing a car which is being marketed under the brand name of OS but he was kind enough to agree with me that he can not guarantee me that in future no company would market a car under the brand name of OS.

How there can be Oscar from India? Yeah.. I also thought there is something wrong somewhere. We are still in the learning process of knowing the technical know-how of bagging a international award in the field of creative art. Any body would agree with me that we have proved ourselves to be a good learner and have already started showing the encouraging results. On my part I have observed that unless we have some international tags or appendices attached to a book or film, it does not qualify for considerations for international recognition. So very quickly we have been experimenting in the fusion technique like East meets West. Any student of chemistry will tell you that the fusion process releases more energy as compared to fission process.

Does it really matter to us if there is no Oscar constituted by us? We do have Oscar winning gems. In our country they are as good as Oscar itself. Otherwise also it has been a country where we are always inclined to idolatry; Be it politics, education, cinema, tv or anything else. We make out the personality bigger than the institution itself. We simple hearted Indians are ever- ready like the torch to light a personality so much so that the very footing granting legitimacy & recognition is forgotten. So in the same manner, the Oscar is forgotten but we do remember the personality concerned and cultivate a personality cult. Thats why today we are talking so much of Rubina Ali, a poor girl put up on sale by her poorly rich father aspiring to make himself rich and we do not talk of the contribution of Rubina Ali as Latika to the award winning film- SLUMDOG MILLIONAIRE.

This is a film on Dogs who live in a slum and will subsequently become millionaire after the film would bag something like known as Oscar. But I think I am getting rude here. Actually , in reality now these are the gods of slums who dream of their good days like Rubina Ali alias Latika. In this way a social regeneration would be brought in our society and living standard of an average Indian will improve. The inflation has already come down close to zero but the things are still as costly as they were ever been. These slum dwelling children will have satisfaction some day that they have done their lot to improve the miserable condition of their parents.

There is nothing surprising what Rubinas father has been doing. As per the logical conclusion, according to him he will not only secure the future of his prodigical child but will also secure a comfortable living for himself and his family. It is totally immaterial that Rubina is a minor child and do live with her step-mother and father. I wonder that things would have been totally different had she been living with her own mother. It is natural that Rubina will not understand all this. Anyway, nobody is asking her too.

This is what happens when a person gets rich and famous overnight. It becomes very difficult for him to digest all this. It is too much . We have been listening the story of a carpenter since our childhood who got insane when he tumbles down to a underground khazana in a jungle. Do you see a difference between a mother selling her new born child for 50 rupees alongwith a square meal in order to save the child and herself both though a doubt must be lurking in her psyche that the girl child may even land up in a brothel when grown up. But off course she would be alive to see the light of the day otherwise child will not survive. As compared to a situation when a father sells her child for two hundred thousand pound in the name of better future for herself and himself both.

Actually I see a difference which is marked with immorality, greed and killer instinct. After all in this country the farmers have been committing suicide to get rid off their loans so there is nothing unusual if by selling a poor girl the destiny of a complete family is secured. As usual the children are so innocent that they can not even sense the real motives behind the apparent motives. The pictures of a poor girl who was sitting against the wall comfortably in a room totally unaware of talks of two ladies to kill her because she was a kidnapped child and police was after them continues eating the given chocolates and sees towards them very innocently even when one of them approach her with a pillow in her hand to suffocate her,.. The poor girl dies swiftly without even knowing what has happened. The culprit lady was found to be a murderer of several children in Pune, was apprehended with her accomplice and sentenced the penality perhaps the death sentence to account for her sins.

These photos were haunting the conscience & psyche of every Indian household some 10-12 years back who were not able to sleep comfortably at night and all had taken a sigh of relief with sense of satisfaction when the ladies were booked under Indian Penal Code for their deeds. So the Rubina Ali is also as innocent as any 8 year old child enjoying the comfort of a five star hotel while her father finalises the deal of his lifetime and making a innocent comment that my house in which we all seven live is as large as toilet in hotel and continues drinking her strawberry milkshake & ice-cream as if nothing unusual is happening.


The Life has come to a complete circle when we compare this incident to the fact that Madonna, the star, intends to adopt a poor child from a poor Indian parents so as to give the child a better tomorrow.

AUR SHANOO CHALI GAYE

AUR SHANOO CHALI GAYE…… Have you heard? Yes, there was some news and the the news channel were screaming at their full throttle. You know since there has been proliferation of news channels they have mushroomed like anything. They just create hype about anything& then all of sudden forget everything about that issue as if all the substance has been extracted. Is this not a new brand of yellow journalism? This needs deliberations in our society, that in the name of freedom of speech and fourth state which form of journalism is to be encouraged.

But the point is that Shanoo chali gayeee. Who is she? Shanoo represents the section of society who has no face, no voice, underprivileged & deprived who can be found anywhere like wild grass- weeds, you know. Shanoo is one of the millions of children who are abused most in nowadays advanced society. Here the social engineering works and every child has more or less same tale to tell irrespective of their strata to which they belong in our highly fragmented society. Our society is trying to tune in multilayer system wherein every layer has lateral & longitudinal movement against each other. Thanks to our social engineers who are known by the name of politician. They owe a lot to this fate of achievement.

So who has the time to think about Shanoo but let me tell you that Shanoo is still alive. There are millons in our society awaiting their fate. Have you seen a young poor girlchild in a metropolitan city going on the streets in chilly winter morning along with her mother to work in a household to wash the dirty utensils, cloths? Yeah, now here you are – she is Shanno. It matters to whom that since 4 AM in the morning she is awake and has already walked 3 to 4 km to get to nearest public transport. And it does matter altogather to anybody that after work she has to rush back to her school at 7 30 AM where she studies in a govt school run by our government in seat and will have midday meal there which is distributed daily but most of the time on papers. Her parents cannt afford to send her to a public or private school. What to talk of this? They cannot send her to school even if Shanno does not earn her school fees by working as house maid.

I happen to pass daily to the nearby busstand after the office hours and stop for a cup of tea in the roadside dhaba. There I usually find Shanno washing the glasses, bringing the tea, taking orders of butter toast and frying it on the pane as if it would have been her life on the fryingpan itself. Anyway one day I ventured to ask her that when she would go to home? Prompt was the reply. Sahaeb- you mean that chawl which you call drainside slum. Sahaeb that is not our home, infact we do not have any home. We just go their to sleep. My father also comes in the late night very high in spirit, I do not know what he says to my mother. He drags her to a corner who is half asleep due to running around all along the day. Then they do something like wrestling . Sahaeb I do not have time to watch all that. After all I have to get up early, 4 AM to go to school. Why so early? The govt school opens up at 9 AM. Nahi sahaeb, Memsahaeb has to go to public school at 7 30 AM to teach , so I have to reach there at 5 AM for the kitchen cleaning. That is our school. If I do not go there then how will I go to Sarkari Pathshala. Sahaeb hum to school nahi jate hai, school jise public school kahte hai waha to memsahib jati hai .

I was thinking that till now this Shanno has told me a lot of stories but she has not replied my question. I could not restrain myself and asked Shanno how old are you? Very prompt was the reply- Sahaeb, in this winter I will be eight years old. OK, When is your birthday? Sahaeb , in my school it has been written as 1 July because school are opened after summer vacation that time but my mother says that it was in winter when I was birn but no one remembers the actual date. I was reminded in my mind the original question and asked hurriedly before I could miss my bus. Shanno, when will you go home? She replied today I have to go to pedestrian way near my chawl because abba has not paid hafta to that policewallah so today we will sleep on the roadside pedestrian way. My mother comes around 7 PM daily after completing the household works in the locality houses and then she picks me up. Shanno, you will be happy then that now you will sleep at your pathway in the open sky be watching stars. Yes, but one more thing is to be done, I have to cook the chapaties for dinner and which we will eat . If lucky then my mother will bring the sparable curry given by memsahaeb otherwise we have have lot of salt at our home. I preferred to take leave of Shanno otherwise I would miss the bus. While getting on the bus ,I was thinking that only people like Shanno do eat the salt of our country. Thanks God, at least somebody is there…

Have you seen Vikash? No. He is Shanno brother younger by one year. The surprising fact is that they manage this gap very meticulously. Just one year gap. So the vikash has not started going to sarkari pathshala but has already been getting the lessons of life. Vikash father goes at 11 AM for work- a ragpicker. He cannt go earlier because it is difficult for him to get up early. He is a hardfast socialite, meets his friends daily in the Chameli bars and invariably gets delayed to get home. So Vikash father takes him along and leaves him near the traffic signal where he remains through out the day- cleaning the cars windows which stops there, showing them Shani Bhagwan Statue in the afternoon, selling 3 PM papers and begging in the evening hours till 9 PM when her mother will pick up him too. Where does VIkash take lunch? What is this? Yae kya hota a Sahaeb. Khana, Khana Kab Khate ho?. Oh Sahaeb ,we take khana in the night before going to sleep . If we do not take Khana then how do we work?

There is one more friend of Vikash who remains with him through out the day. His name is Tommy. This name sounds strange. Yes, he is Doggy , the best friend of Vikash. Vikash was happy to tell me the story when they both had befriended. Some two year back, Vikash used to live on the railway station with his mother. That time the father was not there. He does not know that where his father had gone that time but Vikash had noted that in those days Shanno too was not there with him. So the mother and son used to beg on the station. One day so happened that Vikash was asking for money from a traveller on train. That time that man had thrown the little basket containing left over puri and sabji. This was the golden opportunity for Vikash so he rushed towards that little basket to catch hold of it. That very moment Tommy was also nearby and tried to snatch the basket. Then there was little skirmish between them but after a moment Vikash thought not to fight with Tommy and they both happily & friendly had shared their booty. Since then both are good friend and there has been no let up on this account till today. Vikash remembers that then one man with a girl had come to his mother. And slowly they both became friendly like Tommy has been with him. That is how Vikash got a sister Shanno, father and friend Toomy . All five of them then had moved to railway station drainside chawl. Vikash has been happy since then.

But today Shanno has gone. Vikash is not able to understand that after coming from school, that’s too after two days –why she has been sleeping in impeccable white sheet? He will fight with her mother that this partiality in not good. He has been asking for a new bedsheet for last one year but it was not given to him but today she had given it to her instead to sleep. Vikash is confused also because his mother is constantly weeping and father is sitting in police station for last two days.

Shanno had all the desire to study, read and become a big sahaeb like Mensahaeb where she had been working but she has not returned from the school at all. Will she remain ther forever? This is not good, Vikash will fight with her that he also needs her company to play with her. How can she remain in school for forever? Will Vikash really be able to fight with Shanno?We all know the answer that no, now vikash cannot fight with Shanno. In fact now he wont be able to fight with Shanno ever. KAUKI SHANNO CHALI GAYE HAI.


We have to think that what sort of society we wish to leave for our future generations. The most deprived section of the society is CHILDREN. Nobody thinks of them .We do care for them , love them, pamper them but we never think to take their views. Ever we ask them that what opinion thay hold about a particular issue, happenings. What is their choice for a particular issue? We always assume on our own that he is a child and there is no need to ask him. We commit all sorts of violence to them not only physical but we do rape their emotions. While making them to study and obey some command, we thrash them too without any second thought.. Are they not citizens? Are they not entitled to basic fundamental rights like Right to living etc. When we cannot thrash a grown up person – how it is so that we thrash them very easily and get away with our crime. Even nobody notices.

Let me tell you that the children are the most vulnerable to physical and sexual harrasement. The childrens sexual abuse is a very burning problem with large enormity. The children are mostly abused sexually by there own so called uncle, aunti, bhayai and so on. They are susceptible to this type of abuse because they do not understand it and are easily intimated or induced into some form of allurement like choclate or toys or anything like that.

Our society do have a moral responsibility to check child abuse and this problem has to be effectively tackled if we want to see a better tomorrow. The children should be granted elementary fundamental rights for free secondary& tertiary education, free healthcare, protection against hunger , protection from domestic violence & sexual abuse.

Let us see that Shanno lives in our society like we are living and no more a Shanno is subject to that gruesome fate whish one of them has met.

NOTE- THE ABOVE NARRATION IS BASED ON REALTY AND NOT FICTION. SO THINK…

ATTRIBUTES OF BIAS

PRESENT REFERENCE- B-5/f/14 april SERIES- B-5/07 FEB
BACK REFERENCE B-5/e/25 Feb



ATTRIBUTES OF BIAS

CONTINUED

A judge or tribunal may be disqualified in a variety of circumstances where there actions or behaviour or other factors may suggest their inability to discharge their duties impartially.The question is whether the likelihood of bias is serious enough for the Law to take account of it. For example, a judge who believes that drinking alcohol is not good for health and who is himself teetotaler can not be disqualified to sit on the panel disposing licensing application.

A judge whose words or actions show that he has preconceived opinions on the merits of the parties is disqualified by bias. For example- a magistrate who in the course of proceedings relating to access by wife to the children who were in the custody of the husband commented that the husbands conduct was callous and he didi not have spark of manhood in him. The wife shortly thereafter filed a application before the magistrates for custody of children. The order made in her favour was quashed by the supreme court.

The three cases which might be thought to present a special risk of bias are- a judge sitting on appeal from an earlier judgement of his own; a judge hearing a case in which he had earlier been involved as counsel; a judge excersing his power to imprison for contempt committed in the face of the court.

So far so the first case is concerned in the modern law it is not considered objectionable for a judge to sit in appeal against his own previous judgement for the reason that it is now accepted that by virtue of judges training , regimentation and maturity it is accepted that he is not going to be impartial for the mere fact that it his own earlier judgement. But it is also opined that because laymen rarely appreciate the degree of mental detachment of which members of judiciary are capable in relation to their own opinions it is highly desirable that this praxctise should acted upon as rarely as possible.

The second cstegory of case where a judge sits in hearing of a case in which he was earlier a counsel may be regarded as a special instance of the rule forbidding a judge to be simultaneously accuser or party in the litigation before him, at any rate a closely analogous situation but there seems to be no absolute rule. In Shore v Wilson L ord Campbell decline to give judgement having argued the case at the Bar of the House and been elevated to the Bench before the litigation was completed.

The third special case is the jurisdiction of judges to punish for contempt of court. In a general sense it may be argued that all judges have an interest in extending their power and privileges by extending the law of contempt. The question of bias is particularly acute however where a judge punishes a person for contempt in the face of the court,e.g. where a litigant abuses a judge personally or hurls furniture into the well of the court. There is no doubt that a judge has jurisdiction to deal with such cases although it would be a rough justice.. Therefore the law provides for at least appeal from any order or decision of a court punishing for contempt.
concluded

ATTRIBUTES OF BIAS

PRESENT REFERENCE- B-5/e/13 aprilSERIES- B-5/07 FEB
BACK REFERENCE B-5/d/25 Feb

ATTRIBUTES OF BIAS

The interests and favour are two essential elements of bias- to judge its presence and as well as its degree which are elementry to decide disqualification of a judge on the ground of bias. The interests has prima-facie connection with financial interests whereas the favour is concerned with relationship to a party or witness. Any pecuniary interests however small it may be, is sufficient to qualify a person as biased and disqualify a judge on the ground of bias. The relationship to a party or witness is to be judged in the light of the facts of the case and does not disqualify a person on the ground of bias.

The guiding principle is that if a person or judge has any interest legal or illegal in the outcome of the case then he qualifies to be termed as biased. Here the law does not reckon the amount of interest. In order to understand this it will be worthwhile to know that in the 19th century the ground of disqualification of magistrates was their interest in the outcome of litigation as ratepayers who would ultimately bear the cost of unsuccessful proceedings. The rudimentary element of financial interests to be disabling has to be direct. The indirect or remotely linked pecuniary interest does not qualify for bias. It is now a accepted principle.

The fear of bias arising out of acquaintance or kinship with the disputants can be seen in the early statute which forbade a judge from sitting in court of the country of his birth. These principles were applicable as late as 1739 as far as criminal cases were concerned and as late as 1809 where civil litigation were concerned. But in modern times more than mere acquaintanceship or distant relationship would be needed before a judge were disqualified though there is no hard and fast rule. Here comes the question of degree. In cases where a advocate practices in a court of sitting judge of his father,there is a established likelihood of bias but a advocate who practices in a HIGH COURT where a judge who is friend of his father who himself is also a sitting judge of the same HIGH COURT, the likelihood of bias does not arise. However it wont be improper for a advocate to practice in a court where his father is one of sitting judges amongst others who are listening the case.

The decision of a judge or a person or a tribunal would be vitiated if it could be established that the same person is working as accuser as well as judge. This principle is applied steadfastily. It is not necessary that the prosecutor should himself be a judge, his mere presence among the adjudicators is sufficient to invalidate a decision.



TO BE CONTINUED

WHAT DOES BIAS MEAN?

PRESENT REFERENCE- B-5/d/07 aprilSERIES- B-5/07 FEBBACK REFERENCE B-5/b/25 Feb

WHIT DOES BIAS MEANS?

The dictum that no man should be a judge in his own case has arisen from the need that the judge hearing dispute between men should be impartial. Though we know that persons occupying positions as judges in judiciary are not inclined to influence their decisions based on their personal knowledge by virtue of their training but there are wider ramifications stressing this requirements for judges.
There are two types of bias-1) individual bias 2) general bias. There is no doubt that a judge who has dealt with a case earlier himself as a advocate will not sit on the chair to hear it or a judge who has himself delivered the decision in lower court will not himself review the same case in higher courts on his elevation or similarly if a judge has some personal involvement/interest in a case ,may be pecuniary or otherwise ,will not sit in the hearing. And if he does so then he qualifies to be debarred from sitting in the hearing. It is not difficult to see that the individual bias is more serious to disqualify a judge to hear a case than the general bias.
The prejudice is different from bias, sometimes it contributes to bias and sometimes not. For example- the expressed opinion of a judge that wherever there is contradictions between the evidence rendered by a public and the policeman on duty, he will accept the evidence of policeman. Generally this concept is perfectly allright because it accepts the versions of a govt official on duty and rejects the versions of a commoner. But it is abundantly clear that this may lead to bias depending upon the circumstances of the case. Therefore though generally speaking the judge holding this opinion is impartial in his own right but this opinion may make him fit to be prejudiced leading to bias.
We should not forget that judges are also a part of the society and do carry with them the opinions, views generally accepted in their society or I can say that their judgements are based on the generally accepted norms of the society in which they live. A matter or opinion is biased or not is also judged based on social values and norms. It is believed to be of fundamental importance that judges and tribunals are free from bias or at least , from those biases which a society regards as undesirable in a judge.
It is also true that society demands that its judges be biased in certain directions no less insistently than it demands that they shall be unbiased in others. However ,in times when the views of society are changing very rapidly then question may arise as to which biases society wishes its judges to have.Here comes the third type of bias which may be termed as prejudice either, partially or wholly unconscious views against particular section of society or religion or race. This sort of bias which has tacit sanction of society or dominant class has more dangerous connotation than the individual bias or general bias. It may be based on gender issue also which demands gender equality in the society. It is very hard to think of probable judgements in society involving different genders on gender issues if the society harbours the discriminations based on gender. The need of establishing various commissions for women rights to address their sufferings is a testimony to this stark and naked truth.