Why we need Law

Now this may sound back to basics but that is what it really is. Why do nations have a written law? Why not just do any arbitrary thing and debate it out?

The main reason we have law is that otherwise a nation will be subject to the whims and fancies of influential or powerful people who would then be at free will to manipulate or abuse the system to justify their narrow objectives or usurp more power.

Did rule of law always exist? How did it come into being?

While Britain’s Magna Carta of about 1215 is the most famous one, several other nations had a written law before that also. Why was it crafted? Prior to that, the kings use to rule by arbitrary decrees. To curtail the king’s arbitrary powers, a written law was drafted. Ironically, this was not to ensure rights of the common man; in those days the common man had no rights – they were subjects ruled for the sake of ruling elites. The rule of law was initially created to empower the nobility who resented arbitrary taxes and excesses. This written law was rescinded and revived several times throughout the English history. The rule of law became a reality in the last two centuries with focus on the rights of the common man. The turn to democracy too was in the same direction. 

The primary reason that modern societies have law is that people are aware of their rights and limits. And people are equal before the law. People with power and influence can not arbitrarily manipulate the system or abuse it to justify their illegal actions. An important aspect of the rule of law is that it can not be changed post facto. A person or group of people no matter how influential they are, can not commit an illegal act and then justify it through clever manipulation.

How is law framed in a democratic society? A bill is first tabled in the parliament and debated by the elected representatives. Then to be passed into law, it requires a clear majority vote and in several countries, a supermajority vote to the tune of 75%.

What role can society play? Can it debate laws directly? No because a nation is large and it would be impossible for all people to have an equal say. However they may debate and offer suggestions to their MPs to table a bill. For instance if a society desires to make filming of women and children’s toilets legal, they have to first table the bill in the parliament and only if it is approved by a majority of elected representatives, does it become a law. Only after it becomes a law through such a process, they may go around doing it. Until such time, it remains a criminal activity, regardless of how influential or elitist the criminals are. No law can be applied post facto. In the sense at the time of crime, the prevailing law rules.

In some countries like Switzerland, which have a direct democracy, not just MPs  but citizens can also initiate a bill. It requires a referendum of about 50,000 people to table a bill in the parliament. But again, it is debated and voted on by the “elected representatives” and only if approved by a majority in the parliament does it become law. In several other countries, people have tried to use referenda to ascertain people’s will but again that would be among “all” the people. And of course, even then it becomes a law only after it is approved by the elected bodies. And only after it becomes a law, it can be applied.

This sort of a system ensures power rests in the hands of elected representatives – of all the people in a country and applies equally to all citizens, regardless of their social status. And also that people with influence and connections can not get away with their illegal activities by using lobbies, might is right and whatnot through justifying their criminal or arbitrary actions.

The rule of law is a powerful cornerstone of a civil society to ensure the rights of people. Drafting and application of law is a well defined constitutional process such that it may not be abused by people in power or lobbies or other powerful interest groups in the society to suit their narrow ends or oppress other people.  

CBI – at it again?

http://timesofindia.indiatimes.com/india/badaun-sisters-were-not-raped-forensic-report-says/articleshow/40557013.cms

Now please do go through this shocking twist reported on some obscure page of the news daily. Recently, gang-rape, torture and murder of two dalit sisters by ruling elite Yadav males in UP had hit the national as well as the international headlines. The initial forensic reports also claimed that one of the sisters was not assaulted and there were indications that they were tortured a lot as there were blood clots in all their vital organs and it was believed that they were hung alive.

So, anyhow some CBI enquiry was ordered. Then there was some flooding and it was doubtful if the bodies could be exhumed or really examined as there was about 10 feet of water over their ill fated graves.

Now in this report CBI claims that there was no rape. Really how credible is this forensic report after the bodies lay buried under ten feet of water for weeks. Ok, even if it  there is a small possibility that they were just tortured, how did they jump to the following arbitrary as well as ridiculous conclusions:

- The five criminals were not there at all – really what proof do you have of that?

-          The girls parents did this as part of honor killing – really, were you present there? Any eye witnesses?

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-          Further it gets more obtuse, they did it to frame these 5 guys? Now, CBI has really taken it to a ridiculous extreme. You see, upper castes frame lower castes, not the other way round. These dalit families would not have the guts to try to frame the uppercaste men. I never heard of such a ridiculous “story” in my entire life. Again any concrete evidence to prove it?

-          It seems the parents failed some lie detector test – Really? What did you ask them? Did you do the lie detector test on the accused males? Any credibility to these so called lie detector tests? You see many psychopaths clear them and honest people fumble. 

And just to recap - initial forensic exam had clearly revealed injuries and assault when it was not possible to "lie" as you see the bodies would have been visible and media and politicians like Mayawati were around. But now it is possible (and entirely in line with Indian investigative agencies character) to "lie" as much time has elapsed and tests were done in a far away lab that too well after the bodies were under water for weeks. It again shows local agencies and police are more sincere.
 
It seems like an elaborate fabrication by CBI – you know to cover up for upper caste males when gundagardi Samajwadi “Yadav”s party is in power. Such crimes did not happen when Mayawati was in power. BSP ruled UP very well – invested in infrastructure, brought down the thugs culture and crime as well as ensured communal harmony. 

Since Samajwadi party’s coming to power, crime has risen, especially against dalits and there have been many communal riots which they have tried to blame on BJP (incredulous again – do they even know which party is in power in UP?) 

What is your opinion of investigative agencies in India? Do you think they have any level of autonomy or are they simply puppets in the hands of politicians who protect criminals that come from important vote blocks? Even otherwise do you think they are even capable of professional investigation.. you know, at all?

Do you believe in the Para normal?

If you asked me a few years back I would have laughed at it. But here is my experience of last 3 years and I thought I’d share it with you.

I was in China for a couple of years out of which over last 1, I was living alone with my daughter and enjoying a reasonably peaceful life. I was apprehensive about getting back to India (you know living alone with a daughter and stuff) but here I landed in 2012 and this is my harrowing account:

At first I experienced some hacking of my computer, airtel account etc. Well ok. There were some problems with the building property dealers also and then I decided to move to Gurgaon. Some sick gossip was there post divorce – not unusual in this country. Anyhow I had some people follow me and I almost stopped using metro post some scary experiences. With much consultation, I even reported all this to police. Well, up to this point, everything was normal – you know human observation sort of a thing. Then about mid last year, I started getting strong messages from the spirits world that my house has some video bugging on live relay. It took me a while to even understand these messages and then believe them. I could not understand who was talking to me, maybe God maybe my late ancestors, I couldn’t be sure. But the messages always accompanied some physical sign like a strong gust of wind or a sign in the cloud etc. Though it wasn’t scary in any manner (I mean not the spiritual world – it felt like a friend) but what was scary was if this was real. Over time these messages became stronger and I would know about a lot of fraud that was happening through this sick scheme by some fairly respectable looking educated Indians ( I do not have a very high opinion of this category anyway - I would more easily trust a simple villager than these but I digress). 

I could also sense people’s response around me change based on what I did in the house. It was starting to feel convincing and eerie. Over the last year then I contacted several friends and acquaintances and even women’s helpline to complain of this and seek help. The standard response was that I’m paranoid and imagining these things. A friend even stormed out of my house saying are you like narcissist – how is it even possible; just ridiculous imagination. However the messages were getting stronger and started telling me a lot of stuff from the past even. But it always told me no physical harm will come to me no matter what. I was scared and did not believe this but over time I saw it to be true. But on the supposed video bugging – multiple view cameras in rooms, toilets and live relay and some other sick things, it was frightening enough. However, each time I’d try seeking anybody’s help, I would always get the response, just change your attitude and stop imaging things. But I got convinced and wrote to the parliament, Chief Justice etc. and some Government official visited me but said nothing. Women’s police helpline too visited me but advised me to stop imagining things.  Then I also tried contacting several media channels and I just got cold shouldered everywhere.

Till date I do not know if all of the above is true. But it feels that way since it is accompanied by a lot of strange behavior from most people I know or come across. I often tried to dismiss it but the spirits came back stronger and convinced me it is all true. It also warned me about specific people and what they said and did etc. etc.  It scared and angered me in equal measure but I never said anything to them in person since I couldn’t be sure. Yes to test it out, I gave back to them just talking back in my house, you know like with no one within earshot. But again, as everyone has told me, this could all be just my imagination. (Although in my heart I feel it is more like – jab jab paap bahut zyada bad jaata hai to bhagwan khud dharti par aate hain)

Well anyhow, the normal world has denied it pointblank all through thus far but is this paranormal stuff all true – I’d like to know some day!

Modernizing Indian Agriculture – its time has come or what?

Out of sight is out of mind! While 70% of India lives in villages, the national airtime is devoted primarily to the goings on in the cities particularly the metros where most of the economy is concentrated. Once in a while there is talk of modernizing the agriculture sector but there is some confusion about what needs to be done. Here are some of my thoughts on that:

1 Size matters

This is the number one issue. The farms are too small, rather tiny and scattered. It is very hard to modernize these farms. Bigger farms can use economies of scale, access to crop rotation and crops marketing knowhow etc. but small farms just provide sustenance level produce to the families dependent on them. Unless they are amalgamated either naturally through market forces or through cooperatives, there is no way to modernize a tiny plot of land. In countries like the UK some fencing laws and industrial revolution led to amalgamation of farms and large scale urbanization. In China, the state runs huge miles long farms in provinces like Helionjiang. Farms amalgamation is quite critical to their modernization.  

2.   Water use Efficiency

Nearly 80% of groundwater goes into agriculture. Currently the practice is to put a hose and let water run freely. The crops are not suited to the local weather conditions. Farms that get fed by canals also tend to overuse water such that farms down the stream rarely get to see any.  Now there is so much ballyhoo around drip irrigation but it is actually a difficult system to implement since pipes have to be laid underground and also maintained. It is not that easy or simple. But for best water and land use productivity, the right methods, crops and rotation have to be used which again needs some investment and expertise sharing which again is very difficult to implement on such tiny farms. 

3.   Debt

Most farmers are debt ridden. They have to invest in seeds, fertilizers etc. and then wait for the harvest to really earn from the farm. Given that harvests are only about twice a year, that is the only time this poor peasant has any money. Rest of the time he exists on food produced in the farm and  small paltry sums borrowed at huge interests from here and there. The local debt system is oppressive and many of the farmer suicides are on account of inability to pay debt. In Bangladesh, Muhammad Yunus started an excellent micro credit scheme in the country side through his Gramin bank (It is unfortunate that he was removed from the Bank by the Bangladesh government – a politically inspired injustice which seems like no one protested about ). We have tried to copy the same model but without the same level of passion and personal commitment that he provided and thus have not succeeded much.  Again some sort of cooperative farming might allow easier credit facilitation. 

4.   Vagaries of the Weather and other factors

Now with borrowed money and painstaking labor, the farmers grow some crops and then early or late monsoon destroys their harvest. That must be devastating to them. Further pest control is an issue and so also inappropriate use of fertilizers. Then in some years they under-produce a crop say tomatoes and it fetches a huge price. Next season, they all grow tomatoes resulting in a glut which gets them a meager price. So any kind of marketing know-how based on right demand prediction and better cropping patterns is missing. 

5.      GDP vs Agriculture

Now here is the thing. Even if we modernize agriculture, it is not going to contribute hugely to the GDP. Worldwide agriculture comprises a mere 4% of the world GDP. In the post industrial age, only value added goods and services command a premium. Basic commodities will always fetch a basic price. That is why even in the developed countries, farming sector is subsidized. Further in countries like the US and EU which together are the largest food producers (China surpasses either individually I think) agriculture still contributed about 2% to the GDP and has only 2 – 4 % of the populace employed in it. Due to the low remunerative potential of agriculture, large tracts of population can’t be in farming.  In rural India, the income growth has been on account of non farming activities. 

So agriculture and farming sector is important because of the value of food to the nation as well as the welfare of the farmers and not because of its GDP potential.

6.   Development 

India’s huge population explosion is at the bottom especially in the rural areas. Further economic opportunities are limited to few metros and large towns. So people throng to these in search of jobs. Yet this whole GDP and sensex driven approach to development is wrong. The focus needs to be on widespread development which reaches to small towns and villages. This development should be focused on two angles

Enhancing the quality of life for the common man – now this should go beyond mere cash in the pocket like was done under the NREGA kind of scheme. Such free distribution of money is not sustainable and it has been studied, that it excluded the most needy, especially the lowest caste strata. Instead investment should be made into infrastructure development which automatically provides employment opportunities. Further roads, continuous and systematic water and power supply will help spread development as well as enhance quality of life for the poor common man. 

Ecosystem Development

Now there are some anti environment agencies like the dubious Intelligence Bureau of India which think anything that comes in the way of GDP pursuit is an anti national strategy and so they oppose environment protection.  Their strange mindset and modus operandi is obvious only to them. But we need to focus on environment very much. Instead of creating concrete  jungles everywhere, the development should focus on ecosystem development. Water scarcity is a core issue and monsoon water run off is something we can not afford. There need to be large lakes around which small townships should be built. Instead of giving sops to industry they should be made incharge of managing the waste produced in that ecosystem such that none of it flows into the lake and is taken away somewhere and treated and reused. The reuse could be in horticulture with forests surrounding all such ecosystems. We hardly have any forested area anymore. So this new ecosystem should have a lake in the center, planned green development all round and surrounded by forests. That is the idea.

Modernization and development should not come at the expense of environment and shady agencies which seem to think otherwise and in general lack any sort of integrity and foresight need to be disbanded. GDP driven formula also doesn’t care who benefits. It is critical to start thinking of the vast poor and backward countryside where majority of the population resides.  Modernizing agriculture, infrastructure development, job opportunities creation and Ecosystem model may be a good way forward for as yet unspoilt rural India.