Transparent Law Enforcement in India: Whether Possible?

On 9 January 2021, a ghastly incident happened in Bhandara, Maharashtra. About ten new borns were charred to death in a hospital, and with them the dreams of ten families dreams were shattered. Read more on the details of the incident from here. Now, newspapers report that there was no fire NOC from the fire department since 1981. 

Now, whether a fire NOC from the fire department would have averted the disaster cannot be conclusively stated without going into the manner in which the fire department in Maharashtra granted NOC. 

But why do people fail to obtain compliances like these? Can there be a method to better implement laws in India such as building regulations, etc. without corruption and redtapism? Consider this model: the Government creates an area-wise list of buildings and containing a table containing the status of compliance of various laws such as building laws, etc., along with the necessary certificate. In case a certificate is missing, it will show as not complied. If a compliance is pending, it will show as such to the public. The Government official responsible to handle such area and the number of deficient compliances can also be displayed. Further, the list of officials with maximum non-compliance can be listed out and performance incentives can be linked to the number of compliances and actions taken. The date of inspection can also be logged in. 

Such a transparent system could ensure the following:

• People will come to know the laws to be complied with.
• People will come to know if any building lacks compliance or some certification is not there.
• People can ensure that a building complies with a law or obtains the necessary certification.
• People can ensure that Government does its job.
• Government can easily keep track of compliances.
• Sufficient incentives are available to Government officials to ensure proper compliances. 
• A transparent system can be established where all the stakeholders are on the same page, literally and figuratively. 

There might be issues relating to privacy, especially as regards individual houses. Another possible loophole in this system is that it would address only failures to apply for compliances but not a situation where the applicant has filed the requisite application but the application does not duly comply with the law, even if the authority has granted the relevant NOC/ certificate/ authorisation.

To address the privacy issue, this scheme can be first extended to commercial buildings and buildings with more than three floors. Then it can be extended. But in a country like India where enforcement of laws and corruption are the chief problems, can a system as envisaged above ensure better compliance and better performance?

The qualitative compliance issue can be addressed at the second stage once the system is in place and starts working. In the second stage, the application filed can also be uploaded along with prescribed documentation and evidence of due compliance. 

Has a similar method been tried before in any jurisdiction? What have been the results of those experiments?

Business & Economy (7 January 2021)

 Certain interesting developments on the economy and business front is interesting. Honda introduced VRS for its Manesar plant which manufactures Unicorn, Activa and Shine Models in order to deal with the Covid strategy. It appears that two-wheeler sales in India dropped by about 25% Y-o-Y to 9.6% till November 2020. Private sector bringing in VRS is an interesting strategy. Will over private sector companies follow?

On another news, it appears that 75% of the elderly in India have some or the other chronic disease. Executive Summary of the Study (pdf) states:

"Overall in India, around three quarters of the elderly age 60 and above who were diagnosed with chronic conditions have been treated for hypertension (77%), chronic heart diseases (74%), diabetes mellitus (83%), chronic lung diseases (72%) and cancer (75%); more than half of elderly have been treated for stroke (58%) and bone/joint diseases (56%); whereas, the treatment rate for neurological & psychiatric diseases among the elderly is the lowest (41%). The treatment rate for all chronic health conditions is higher among the elderly in urban areas, those with higher education, and those in the richest MPCE quintile than their counterparts."

Most of these are stress related disorders. Stress is ruling the nation. What is the point in working so hard if one is not contended?

In a season of flus, Bird Flu has come back to haunt India, especially Haryana and Kerala, leading to ban for chicken from Southern States of India.

In another interesting news on the stock market, Foreign Portfolio Investors (FPI) contributed more than domestic institutional investors (DIIs) as anchor investors in IPOs in India for 2020. Very interesting. How does this compare to other countries? Or the previous year in India?

Kural 972: All Life on Earth is Same: பிறப்பொக்கும் எல்லா உயிர்க்கும்

More than a two thousand years ago, the great Tamil work "Tirukkural" (திருக்குறள்) (Sacred Verses) speaks about equality and against stratification based on birth. This kural forms the subject of this short post.

Kural 972: குறள் 972

பிறப்பொக்கும் எல்லா உயிர்க்கும் சிறப்பொவ்வா

செய்தொழில் வேற்றுமை யான்

Transliteration

piRappuokkum ellA uyirkkum siRappuovvA

seythozil vaetRRumai yAn.

Translation

All life on earth is same in origin; but each one's merit varies according to avocations and skills; not by birth. (J. Narayanasamy)

All human beings agree as regards their birth but differ as regards their characteristics, because of the different qualities of their actions. (Pope, Drew, Lazarus & Eillis)

Comment

Tirukkural is praised for its universality, which cuts across space and, more importantly, time. This kural is the best example of its eternal character. First, a word by word, literal, meaning:

பிறப்பு: Birth

ஒக்கும்: is the same

எல்லா: All

உயிர்க்கும்: living persons

சிறப்பு: special

ஒவ்வா: somethings that does not conform to

செய்தொழில்: vocation 

வேற்றுமை: Difference

Uyirkum (உயிர்க்கும்) can mean living beings but in the present context, it refers to living beings. That the kural refers to humans and not all living beings is the view of many commentators (such as Parimelazhagar, Pope et al, etc.

Nevertheless, Tiruvalluvar may have referred to Uyirkum (உயிர்க்கும்)  to mean all living beings. If such a construction is adopted, he could have meant: By birth, all living beings are the same, but among humans the difference depends on their actions. 

Another point that is worth noting is that sirappu (சிறப்பு), though literally singular, is plural in the context (Parimelazhagar). It refers to Ciṟappiyalpukaḷ or distinctive characteristics.

Thus, the Kural states: By birth, all humans are the same, but what distinguishes one from another is the manner in which he/she goes about with his/ her vocation.

Pastmasters & Prisoners of the Past: நன்னூல் (Nannool)

Nannool (நன்னூல்) is one of the most important books on Tamil Grammar. The work has been extensively used as a bridge to the intricate ancient Tamil Grammar book Tholkaappiyam. Nannool is taught in undergraduate courses on Tamil and is the base for Tamil Grammar taught in schools in India. It is stood the test of time for more than 800 years.

While the erudition and glory of the book cannot be questioned, the work, like any other, is a prisoner of its historical and social circumstances. Some of the ideas given in the work may be abhorrent in the present circumstances. For instance, in listing out the characteristics of a good teacher, Nannool mentions that the teacher should belong to an upper caste:

“குலன் அருள் தெய்வம் கொள்கை மேன்மை

கலை பயில் தெளிவு கட்டுரை வன்மை

நிலம் மலை நிறைகோல் மலர் நிகர் மாட்சியும்

உலகியல் அறிவோடு உயர்குணம் இனையவும்

அமைபவன் நூல் உரை ஆசிரி யன்னே” (நூற்பா 26)

Here, the term “குலன்” refers to higher caste.

Another example from the same stanza is the work’s requirement that the teacher should be a theist “தெய்வம் கொள்கை“, and not an atheist.

These provide an idea about the social setup during those days. But these do not have any relevance to the present. Such is the case not only in respect of Nannool but for all works of the past. 

The past masters were also prisoners of their era. Nevertheless, we have to separate the grain from the chaff and look at the wonder that is Nannool, which deals with ideas that are thought to have emerged only in the modern times.

Sloka 11: Tam Eva

Introduction

In the previous post, we saw that Bhishma answers one by one, in a different order, the six questions raised by Yiudhishtra. We also saw what the tenth Sloka was. 

Sloka 11

Transliteration

tam eva cārcayan nityaṃ bhaktyā puruṣam avyayam |

dhyāyan stuvan namasyaṃśca yajamānas tam eva ca || 11 ||

Meaning

And engaged in worshipping Him with devotion, meditating upon Him, glorifying Him, offering

obeisance and adoring Him (Pandit U.Ve. Sri Rama Ramanuja Achari)

Comment

This sloka is the answer to the fourth question.Readers may recollect that the fourth question was: "Which is the deity whose name has to be chanted?". To this, Bhishma says the eternal and unchanging Lord Krishna is the one who should be worshiped, meditated upon, glorified, and held in deep reverence. 

Note that this sloka does not seem to be complete from a grammatical point of view without reading the next sloka. However, what is implied that a person who does what Bhishma says will be released from the cycle of birth and death.

தமிழில் விளக்கம் (Tamil Explanation)

இந்த ஸ்லோகத்தின் பொருள் கீழ்வருமாறு:

"மாறுபாடற்ற அந்தப் புருஷனையே பக்தியுடன் அர்ச்சித்தும் அவனையே மேலும் த்யானித்தும் புகழ்ந்தும் நமஸ்கரித்தும் வழிபடுவன்;"

இந்த ஸ்லோகம் யுதிஷ்டிரரின் நான்காவது கேள்விக்கு பதிலாகும்.

[அண்ணாவின் உரை (ராமகிருஷ்ணா மடம்) மற்றும் சூர்யமூர்த்தி உரை ]

Why Coronavirus is a good thing for husbands

[Disclaimer: This is totally a work of fiction and does not represent the views of anyone, including that of the person posting this. It is totally an exaggeration and represents a totally false version of reality.] 

1. No shopping: Yay! Gone are the days when women did shopping therapy. For those who do not know what shopping therapy, you are must definitely be unmarried and single. Shopping therapy is shopping with the view to wreak vengeance on innocent husbands. For those of you who do not know who an innocent husband is, know this: Every husband is innocent.

2. No e-tail therapy: The above explanation applies equally to this.

3. No haircuts: People, by haircut, I do not mean the haircut under the Insolvency & Bankruptcy Code, but that nagging and irritating experience of going to the saloon kadai (barber shop) on a Sunday afternoon taking your child who's hell bent on being a combination of Dennis the Menace and Problem Child in the saloon kadai. For those unmarried/ married people without kids, taking your child to the saloon kadai is the scariest experience, second only to the temper of a pregnant wife. During the lockdown and for a few months thereafter, all you need to do is take the scissors and cut hair like Prabhu Deva in Minsara Kanavu/ Sapnay (1997).

4. No Grocery Shopping: For those living in cities, the worst worst experience is being forced to accompany your wife for the monthly grocery purchase on a Sunday. Taking the car out and driving the frigging thing on a Sunday is in itself a tedious job. Finding parking space is as difficult as landing the lander on the moon. Even if you manage to do that, the size of the shopping cart and the billing counter galloping like a mad horse or a crazy guruvayoor temple elephant is the most disheartening experience. 

5. No You-don't-spend-time-with-me Complaint: After having spent the entire Sunday morning and afternoon on soul sapping chores, you sit comfortably connecting the headphone to the mobile to use the remaining few hours of weekend to do what weekends are meant for, relax, wifey darling comes up with the scariest complaint any husband faces (applies equally to a boyfriend, I guess): YOU DON'T SPEND ENOUGH TIME WITH ME! This spine-chilling phrase is succeeded by a firman for a nearby fancy mall or worse, to an exotic destination location. Both these demands have the same effect: these will empty out your savings. 

With Corona Virus, the only constant question is: "when will your office start?!"

[Note: The 'husband" in the post is sexist and has the mind-set of an MCP. Do not try to be one at home.]

COVID19 & Religious Hatred: A Way Forward

The current crisis that the world is unique and something that the world is not simply prepared for. Every day gives rise to a set of challenges. It is not easy at all. Given such extreme circumstances, it is easy for all of us to react adversely. But no matter what we do, we should not endanger the lives and safety of others.

It is in this context that the Tablighi Jamaat incident and the subsequent actions are to be seen. Several thousand persons met at a place together, notwithstanding the COVID19 crisis that the world was facing. This was reportedly in defiance of several legal provisions. Thereafter, it appears that the self-quarantine restrictions were not taken seriously jeopardizing lives of many. Not only those from the Tablighi Jamaat, many did not, and do not, know the importance of self-quarantine.

So what is the way forward?

1) We all should put our prejudices aside and work towards the common goal: getting rid of the COVID19. 

2) We can do that only if we protect ourselves and our family members from getting infected or from spreading it to others.

3) It is not unsurprising for many to doubt or suspect compliance of the lockdown restrictions. We should as parents, children, siblings, relatives, friends, or acquaintances of such persons (who doubt or suspect lockdown restrictions) inform them the importance of lockdown: this is essential.

4) Every person who can influence others- be it head of family, panchayat head, head of a political party, priest, maulvi, or whoever- should immediately communicate the importance of lockdown and self- quarantine to those under his/ her influence.

5) Such an influencer, along with his/ her team, should ensure supply of essential items to the group and take care of the group's needs, and at the same time ensure lockdown and self- quarantine. 

6) Only by taking steps as per (3) and (4) can we all educate our parents, children, siblings, relatives, friends, or acquaintances and ensure they comply with the lockdown measures so as to prevent spreading of COVID19.

For the next ten to fourteen days, we need to keep our prejudices away and ensure that we act towards the common goal: getting the world rid of the COVID19.