The ambit Indian Judiciary and its limitations

What was aimed at and what came about

The differing levels of freedom

The solicitors Citizens of India

Indian police All India Service ‘Officers’

Drafters of daft laws

Quality of the newly made executive orders

The right to say this

At first glance, the Indian Protection of Women from Domestic Violence Act, 2005 is a very wonderful act. For, it proposes to protect the womenfolk from their husbands. From all kinds of abuses from their spouses, in terms of verbal, non-verbal and physical violence. Yet, anyone with some level of profundity in the matter of family relationships and the reality of the Indian social scene would discern a streak of mediocrity and callousness in the drafting of this Act.

Yet, it may be borne in mind that many are the statutory laws and Acts of India that have been drafted by equally callous brains. So, it may not be correct to take up these drafters alone for disparagement.

The ambit: It is not possible to discuss the various issues encroached upon by this Act, purely within the ambit of the wordings of the Act. For, Indian married life and the various associated facets are of a very complicated theme. The spirit of many written and unwritten laws and conventions do run deep into the very inner fabric of the social communication systems of the geographical area currently called India.

Indian Judiciary and its limitations: Before embarking upon the theme, a few words may be spent on discussing about the Indian judiciary and its various subordinate units. The Indian judicial apparatus was designed and set up by the British. What was proposed was to bring about a legal system that could be comparable with that in Great Britain. However, what ultimately came into being in India had not even a shadowy resemblance to the British judiciary, even though many of the terms, statutes, legal terminologies and even procedure were either copied, imitated or simply mimicked. Though many of the judicial officers were quite learned, they were encumbered by the huge power of the Indian feudal communication systems that stood in stark antagonism to the very concept of equality before the law.

What was aimed at and what came about: What the British aimed was to bring in the concept of equality before the law, equal status of citizenship and equal right to articulation to the citizens and such things. However, under the Indian languages and the social communication systems it enthused, none of these things could be brought into India. For, Indian languages are essentially feudal, hierarchical and totally supporting inequality in every sense of the word. Even though the Judiciary did maintain a facade of English within the parameters of jurisprudence, that also only added to the feudal mindset. English was a language kept apart for the financially higher classes in India, who could literally enjoy the freedom it gave them in interpersonal communication. For, the vast majority of common persons were kept beyond its ambit. So, that knowledge of English was seen as something quite elite and exclusive.

The differing levels of freedom: Indian words of addressing and referring, including such words as You, He, His, She, Her, Hers, and even They, have various forms, each one of which point to certain social levels, and right to certain levels of equality, rights or curtailing of rights to articulation, and also to certain social freedom or restrictions.

Even though the Judiciary was there to seemingly protect the citizens from such inequalities, and injustices, in practise and in effect, it was simply a supporter of all these kinds of diabolisms. For example, everyone knows that the bureaucracy as well as the terrible Indian police does use differing levels of words for differing levels of citizens and social groups. Their attitude varies as per the levels they allow or accept in the word levels. Indian Judiciary has been more or less silent on this gross injustice, that has continued in this landscape since times immemorial.

The solicitors: Now, what about the lawyers or advocates or who may be called the solicitors? They are the persons who the common man should approach to seek the righting of the injustice in the social and administrative systems. Well, the truth is that at least a major percentage of them are of a very mediocre mindset, with the security of their own feudal superiority, their main focus. They do not treat their clients with a level of dignity, unless they are from the upper class and rich. To most of the ordinary folks, they are also feudally undignified in gestures, words and usages. As to their mental calibre, most of them are not good in English and may not be able to read a good English classical novel from one end to the other. Such persons are the so-called guardians of the laws, or the so-called officers of the judicial courts in India, which should have the spirit of the English liberal social systems. So, it goes without saying that many, not all, of them are also not of optimum quality and calibre to safeguard the various facets of liberty of the common man here.

It is true that among them, as among the other citizens of this place, there are persons of true calibre, rectitude and refinement. Yet, they can only exist as an appendage to the system, as the system is powerful and quite overwhelming. However it is this minor percentage of lawyers who ultimately uphold the higher quality of the Indian judicial system.

Citizens of India: Now, we come to the citizen of India. Most of the citizens of India are coming from the vernacular school medium or from no schooling. Both are more or less the same, in that the same vernacular feudal codes are in the mindset of both. They have been indoctrinated with certain levels of freedoms and right, and also of limits of rights and with many restrictions. It is true that if they are allowed more freedoms and rights, and removed from many of these restrictions, they would not know how to make use of them. For, they are innately trained to follow a herd instinct of subordination and docility. Any extending of more liberal attitude to them, would only propel them to act over smart, and be insubordinate, as they have no training in equanimity in a free atmosphere.

Indian police: Next we come to the so-called police in India. Most of the police personnel are coming for a very low level intellectual calibre, with only feudal vernacular in their mind. They cannot understand the finer aspects of human freedom. What they can innately act out is to be extremely draconian to the lower class, average Indian citizen; and extremely docile, nice and respectful to those they perceive to be socially dominant and having power and connections. These policemen cannot be in any manner entrusted to protect anyone. For, their very entry into any social situation can be a very painful experience to everyone concerned. However, in a nation like India, where a huge section of the population will indulge in looting and rioting, if given a chance, these policemen are required. Not because they have the capacity to deal with these things effectively, without creating provocation, but because a higher quality police force couldn’t be maintained or developed after the so-called Indian independence. One of the major reasons for this was the total ineptitude of the so-called Indian leaders. They lacked the mental standards to create anything great on their own. Moreover they were hell-bent on destroying precious British-built systems. English, the language of tremendous social equality, dignity, quality and brotherhood was described as the language of evil rulers.

In between, it must be mentioned that there are person of great calibre in India, who may or may not be in the limelight. However, they have not been able to do anything to stop the seepage of quality from India.

All India Service ‘Officers’: Now, there are two more entities who need to be discussed. One is the so-called Civil Service Officers of the national government; the IAS, IPS etc. Even though the Indian All India Service is ostensibly described as the follower of the erstwhile British created Indian Civil Service, the actual fact is that there is nothing comparable between the two. The Indian Civil Service of the British times was a pure English based framework of officialdom. Since it was English, the chance for feudal words and usages to bring in sharp discordance in verbal communication was quite minimal, even though the external Indian social condition was fully feudal. Beyond this, the service exam was also based on English themes. So naturally a highly elevated mentality, quite removed from the tugs and pulls of local feudal hierarchical relationships, was there inside the higher echelons of the bureaucracy.

After the so-called Independence of India, the contents of the exam were also slowly changed and ultimately it was brought into a level wherein personal quality connected to English was totally removed. Anyone with precious little information in English classics, but with the capacity to mug up other various subjects like Science, Mathematics, Political Science and such could simply enter into the higher levels of the bureaucracy. There is no need to emphasise that in this new ambience, the aim to establish a non-feudal official system was given the go by. Beyond all that, the requirements of small-time political compulsions also came to affect the system. For example, instead of aiming to give qualitative improvement to the so-called Scheduled Castes and Tribes, compulsory reservation of seats in the All India Services also came into practise. A minimum of 20% compulsory reservation to such candidates meant that even if they came with very low calibre and marks, they had to necessarily be given the posts. In many ways, this was also an easy way found out by the low-quality leadership; a mood that started right from the time of Gandhi and Nehru. None of them had any idea as to how to bring in quality improvement in the people. Incidentally, it may be stated that both the persons mentioned above are England-returned rich persons. Also, it may be borne in mind that during the British rule period, people from the lower castes did get higher jobs. Yet, they were persons who were extremely good in English to the level of being at home in English classics.

Ultimately there has come about a situation wherein there is no quality in the All India Services also. The personnel therein also indulge in corruption, money making on the sly using inside information, taking bribes of huge amounts and such. Currently all of them earn a king’s salary as pay, and an astronomical amount as pension. Their only professional aim being to be to see that they retain their kingly positions and that the lower citizen doesn’t rise up to their levels.

Drafters of daft laws: Next we have to focus on the actual persons who draft the laws and Acts. Well, it is believed that it is the Indian legislature that does make it. Well, their work is simply monkey tactics. Most of them do not know English and thus cannot understand what it is basically they are passing. Beyond that, even those among them who can understand the wordings wouldn’t want to waste their precious time on studying the various sections of the Acts. For, they need time for petty politicking and on garnering commissions on international governmental purchases. Ultimately, the laws and Acts are just the handiwork of a few self-centred, semi-ignorant, and utterly inept persons. Most of their own personal vexations and likes and dislikes get embedded into the wordings.

The issue here is that they have no time or inclination to ponder on the fact that when they write draconian provisions into the Acts, wherein the local, terrorising policeman gets tremendous powers without any provisions or framework of checks and control, they are doing the job of the Satan. Meagre understanding of the Indian social scene as derived from equally mediocre social science textbooks is not enough to tackle the huge social problems facing India. The problems have to be dealt with at the grass-root levels of mental training. Instead of having the guts, knowledge or information for that, all these persons have is the draconian right to make corrections at the top layer of the social system. It only ends up by giving the ordinary persons terrible heartaches and a field day for the evilly disposed.

As a person with an immensity of experience in dealing with the various functionaries of the Indian government apparatus, and also as a person who had to go through the immensity of rules, laws and statues, I have to say this much also before going ahead with the subject matter.

Three totally idiotic laws are currently deeply provocative. One is the Act in context here. The other two are THE CHILD LABOUR (PROHIBITION AND REGUALTION) ACT and the Right of Children to Free and Compulsory Education Act. The first more or less curtails a child’s inherent right to work or do a business, and earn, if he or she desires. The second puts the children of this nation into the hand of an abysmally intelligent and totally uninformed group of people who are called the ‘teachers’, and more or less made their slaves. Their parents also come under the unintelligent control of this ‘teacher’ class.

Quality of the newly made executive orders: Beyond all that, it is my observation that most of the rules made after the departure of the British, or the amendments made on to existing ones, by the Indian government officials, in the various departments, such as the Excise, Revenue, Industries, Motor Vehicle, Land Registration and such departments are of a kind that treats the local citizen disparagingly. The tone and mood is as if the local citizen is a crook, and needs to be treated as such. In the case of the Sales Tax also, the various statutes are more or less the same. {I think that there was no Sales Tax during the British rule}. The way in which they have written rules gives much leeway to the officials concerned to make money on the sly. Even though ostensibly, the attempt may be seen to make more money for the government. Which in turn is to feed the immensity of leeching public servants.

This is the precious background and perspective from which all the statutory rules and Acts of India, should be viewed. The Act in context here is a just mediocre attempt to make patchwork corrections to errors which really require profound and root-deep overhauling.

The right to say this: Now the reader here may rightly come up with the question whether the writer here has claims to superior attributes, mental calibre and rectitude. For how else can he dare to question the credentials of nationally renowned legal experts?

The answer is that the writer does not claim that he is of superior attributes, but only that when he wants something, or buys something, or gets some service, he does have the right to make judgements about the things or service for which he is paying for. This much right or a similar right only, does the writer claim here. He has no claim that he could have been a better administrator, a more refined solicitor, a more elegant teacher or a more efficient government official. All that he had in his inner mind is that there were better persons here in charge of changing the shape of this nation, before 1947. However, that part is quite removed from the context of the theme here. Persons interested in pursuing my arguments in that regard may read my book: Horrendous India! A parade of facade in verbal codes!