We are concerned how Governments are being run? Why Corporations are ruthless? How people’s representatives hardly represent anyone but themselves? How people at the helm of affairs, are and were, always callous and insensitive if not ruthless to people? We wonder why is it so?
People take legal opinion very lightly. In fact some lawyers also hand out opinions as if they are predicting about the formation of Government of India in 2014. That is without any understanding of the facts and clarity on the law on subject. This is most unprofessional. Even more unprofessional is people or clients seeking half-cooked and half baked opinions by compelling a professional lawyer with some misleading reason. Continue reading
from riches to ruins.
Money loves bickering behind my back, telling everyone what I should do or what I have done. This is childish but Money refuses to grow up. I had always liked to treat Money with respect but it just does not grow up. Chasing money, booze or young girls/boys promising great time, is no achievement in life. Money should be put to better use in life.
Money has a problem it wants to be somebody. Somebody famous. A celebrity, may be. Actually Money has no intrinsic value. But the truth, as Buddha observed long ago, nothing in this world has any intrinsic value. Some people develop some skills, like writing but most are never interested in that. However the skills are also temporary. An Orator becomes invalid by Alzheimer in no time.
As a progeny of greed and fear, one could never out grow destiny. So what it will be? The richest man. The country’s richest man built his new home. The most expensive home in the world but is fearful to move into it due to some perception. The fear of uncertainty of future still controls him. Wealth could not kill fear rather expanded it. Yet an Automaton will follow rather chase money and become Money. Continue reading
It is very rare for judges to reach out of their Ivory Tower and express about the ground realities of life. In one such rare occasion, recently Supreme Court judge G S Singhvi speaking at a seminar observed:
“It is sad to say that my generation has failed the nation. In a country where 700 million people live below the poverty line, we tend to talk about justice. We talk about our fundamental rights being trampled upon but what about those people who do not get two square meals a day, have no right to education, shelter, clothing and other basic amenities. The country is divided into rural and urban and the idea about equality and fraternity needs to be pondered about and the entire process of development had taken place at the cost of rural people ……….. I feel guilty when I read about equality and fraternity and think about the labourers and farmers who have made our lives comfortable and easy. The ‘jan sevaks’ (Public Servants) are fast becoming our masters, the first citizens followed by the rich and the poor only as third class citizens.” (Source: http://m.timesofindia.com/Young-lawyers-facing-multiple-challenges-Supreme-Court-judge/articleshow/13112646.cms)
“Constitutionalism in India means that people’s sovereignty is supreme and unlimited and the constituents of the state have limited powers.” (Source: http://articles.timesofindia.indiatimes.com/2012-02-26/nagpur/31100894_1_culture-guest-lecture-justa-causa)
The problem is that we all know about the failures. But what will take it to put into practice? What about the class called VIP’s? Who are they and why they are VIP’s? Problem is that only thing we see in focus is MONEY and DOMINATION. All we have to do is to do our own work diligently, even if some time, the reciprocation is not fair. It is not easy but practice can make anyone perfect. I will misquote Gandhi: ‘When you do something, remember the face of the poorest of poor’.
As regards the second part, it is another story. While Constitutionalism means Rule of law and not Fiats issued at Will; another decision of Supreme Court nearly rubs it on wrong way. Following direction has been given by Supreme Court:
We have no hesitation in holding that use of black films or any other material upon safety glass, windscreen and side windows is impermissible. In terms of Rule 100(2), 70 per cent and 50 per cent VLT standard are relatable to the manufacture of the safety glasses for the windshields (front and rear) and the side windows respectively. Use of films or any other material upon the windscreen or the side windows is impermissible in law. It is the VLT of the safety glass without any additional material being pasted upon the safety glasses which must conform with manufacture specifications. ….. The competent officer of the traffic police or any other authorized person shall challan such vehicles for violating Rules 92 and 100 of the Rules with effect from the specified date and thereupon shall also remove the black films from the offending vehicles. (Full judgment is here.)
The supreme court of India. Taken about 170 m from the main building outside the perimeter wall (Photo credit: Wikipedia)
By one stroke of pen, an entire industry has been struck off. I wonder if they were a party to it. If not then it is violative of principles of natural justice. It beyond logical comprehension that if Manufacturer does not apply tinted glasses, I can not apply solar film to it? Off course it must meet statutory standard. Merely because law enforcement agency do not have technical equipment, all films are to be removed. By same logic why not every person be kept in lock and key at night as most crimes are committed at night. Curfew will be even better. Passes can be issued to VIP’s to wander at night, under Rules. Yes ban the liquor/Alcohol. A large number crime are committed under its influence. Licenses can be issued to VIP’s for that as well.
Judgment relies upon the practice of not using films in countries where the maximum temperature never exceeds 25 degrees. Here it touches 48 degrees centigrade every summer. In fact the word ‘weather’ does not even occurs in the judgment. The very basis of applying solar films is missing. Thus the judgment shall be hit by Wednesbury’s arbitrariness as it excludes an important and relevant fact from consideration while deciding an issue and therefore is not a reasonable judgment. Those interested in full judgment of Wednesbury’s case, can find it here. Some other arguments have been raised by another Gentleman here and therefore are not repeated.
Another legal issue is that this order has been passed under article 32 of Constitution and is purported to enforce article 21 of Constitution in a Public Interest Litigation (PIL). Article 21 guarantees right to life to every citizen. If today a Habeas Corpus petition is filed in Supreme Court saying that life of a girl is in danger, Supreme Court will not entertain that petition and ask the party to go to respective High Court. Was solar film matter so important that Supreme Court could not have waited for the opinion of High Courts?
Now a days, if there is a stray cow sitting upon a pavement, people joke that it has a stay order from Supreme Court or High Court in a PIL on animal rights. So much for PIL fiats.
P.S.: As for me, I have tinted glasses in my car. I never needed solar film, but now I think I will have black curtains and would have a feel of a VIP. Is there any rule against curtains?
© Sandeep Bhalla
Happy Children Playing Kids (Photo credit: epSos.de)
Parenting the children is the most difficult task in the world. There are no schools and no practical training. With nuclear families exposure to parenting is even more less. are parents of this generation better than previous? Or they are worse? Or there is not difference at all. The technology and psychology changes every 30-40 years. The parents in 1940’s were facing the sever crunch of resources and were pressing too hard to their children to conserve the resources and rebellion among them took them to hippies or what ever way of life in which their may be no duties. What is the state today. And when I ask only about those privileged minority who are not below poverty line or facing malnutrition or starvation like 70% of the population of the world. I ask who can afford to give attention to these matters. These affluent people, unlike previous generation are having abundance of resources and they are showering it on children. I am also part of it. But is it not child like reaction from the previous conservative generation whom every body used to call misers? It is not a conscious decision. ‘What I could not get in childhood, I will give to my children’ is a response from the past. It is like parents are facing some type of popularity contest. This is no real parenting. It is manipulation. Take money give affection. Income or affluence must not have any impact on parenting.
May be age of parents is an issue. People who start their life and spend huge time in building up careers; by the time they attain affluence. Therefore time to enjoy wealth coincide with time of responsible parenting. It is a grave conflict of interest.It is unfortunate that it is ignored. After all children are the seeds of human race. With scruples and morality falling from grace and BAD being the last fashion and DIRTY being the present fashion. May be parents should grow up themselves before bringing up children.
Just another lazy thought on lazy Sunday.
© Sandeep Bhalla
Sandeep Bhalla's Blog 