#BlogToPM-Standardization of Education



|| A Request ||

My request to Hon’ble Pm , Mr Narendra Modi and Hon’ble Hrd Minister, ,” Sir , I am simple  lawyer, I am not that great like you. I was listening to Ex Hrd Minister very intensively ,  each and every word . She talked about NCERT , students are taught distorted things in class iv and vi , madamji , I am Kendriya Vidyalaya , pass out , still I have all those old books with me from Class 1 to class 10th , normally most guys don’t keep . I have never found anything distorted . Even , two students from CBSE, Ncert coming to me for tuition . I am teaching them personally . I am not blaming you , but these are my clarifications. My request to all parties , can we stop caste politics , just for chairs . With folded hand sir, Please, let there be a standardization of education , where rich and poor , son of IAS and IPS , son of Politicians and Rulers ( Kings ) study together under one umbrella of education. No Doon school , No convent, no saraswat shishu vidya mandir . no agaan wadi, no madrsa education .Why this boundary ? Let us study under one roof.

My humble request to Hon’ble Pm , Mr Modi and Hon’ble Hrd Minister,” Can you implement Vivekandanda education system across India and Standardization of Education . Subhash Bose said , ” One must learn his/her own mother tongue but English has its own privilege. ” Without being biased , Can you hear my appeal ?

More than half of India’s population is below 25, which needs to be trained. There is no standardised education in rural areas/urban area, minimal facilities and there aren’t trained teachers available, even if the will exists. While we lay stress on central universities and the IITs /IIMS and things like that, actually 90 per cent of our higher education is in the state universities. And that is 20 years behind the central universities, if not more. Too many of our universities are producing graduates in the wrong kind of subjects – things not required for the changing job market. The quality is dismal in a large number of cases.we don’t have a credible accreditation system in higher education and are suffering because of it. But the system is huge- we have more than 700 universities, 35,000 colleges, about 4,000 odd engineering colleges, probably more than that the management schools.

In your words ” Skiksha ko ranbhoomi maat banayiye ” I am ending my request with simple and secular prathana
” ॐ सर्वे भवन्तु सुखिनः

सर्वे सन्तु निरामयाः ।

सर्वे भद्राणि पश्यन्तु

मा कश्चिद्दुःखभाग्भवेत्

ॐ शान्तिः शान्तिः शान्तिः ॥

“May all be prosperous and happy

May all be free from illness

May all see what is spiritually uplifting

May no one suffer

Om peace, peace, peace ”




Live and Let Live

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To protect someone you don’t need to belong to any political outfits/ party or sangathan . A sensitive heart is sufficient. While in my evening walk I saw a cow following an auto . Then suddenly a gentleman Mr Gopal Maharana came in byke . He told me to help him following the auto. We stopped the auto ( the auto number is there in photo), a loving calf was inside. I had an argument with them. Either they wanted to sell the calf or some other purpose , God Knows. A PCR van was coming , I informed the police . Some how we managed to rescue them. Mr Maharana went to his office and I alone stood by them for 2 hours. Perhaps God wanted it. I followed both of them and finally near Chinmaya mission , Sambalpur , there is a khatal . They both peacefully went there. Humans are becoming more animals. I’m not in search of sanctity, sacredness, purity; these things are found after this life, not in this life; but in this life I search to be completely human: to feel, to give, to take, to laugh, to get lost, to be found, to dance, to love , to be so human.I believe that my own morality — which answers only to my heart — is more sure and true than the morality of those who do right only because they fear retribution.God grant me the Serenity to accept the things I cannot change; Courage to change the things I can; and Wisdom to know the difference. Thy will, not mine, be done.


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Rock Bottom – My Inspiration

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Every favourable situation weakens your mind, and odds strengthen you. We lack infirmity of will. But it is ok. We rise, we fall but we have to stand. I hit the rock bottom. A complete defeat. I surrender and the rock was God.

We will not achieve, we will not master that which goes unplanned in our dream world. We imagine first, and then we conceive the execution of a plan. Our minds prepare us for success. They can also prepare us for failure if we let our thoughts become negative. In this path of my recovery, I have to rigorously honest. If I at all cheat, I will cheat to myself. Life is a continuous sadhana. In the words Paramhamsa Satyananda , “Assaults , abuses , injustices, taunts , harassments , discomforts , etc . have strengthen my personality . Let me – Adapt, Accept, Accommodate, . Bear Insult, Bear Injury; highest sadhana.  Be fearless, Cowards never acquire power of life.”

I was into addiction during peak of my life. Everything got ruined. I was assaulted by some hooligan lawyers because of my honesty. War is justified only when it is meant to fight evil and injustice, not for the purpose of aggression or terrorizing people. The real war is within … change of thoughts and our personalities. A rebel reforms himself. Everything in Mahabharata is symbolic. Krishna awakens Arjuna … how to control the senses and emotions through Yoga. It is an inner awakening rather I can say. It is to face the inner war within infected by self –centeredness, jealousy, self seeking, self-delusion, anger, envy and prideful self Confidence, Ego and Big I.

Acceptance is the answer to all my problems today. When I am disturbed, it is because I find some person, place, thing, or situation—some fact of my life —unacceptable to me, and I can find no serenity until I accept that person, place, thing, or situation as being exactly the way it is supposed to be at this moment. Nothing, absolutely nothing, happens in God’s world by mistake. Until I could accept my failures and my past , I could not stay sober and peace of mind; unless I accept life completely on life’s terms, I cannot be happy. I need to concentrate not so much on what needs to be changed in the world as on what needs to be changed in me and in my attitudes.

Acceptance have taught me that there is a bit of good in the worst of us and a bit of bad in the best of us; that we are all children of God and we each have a right to be here. When I complain about me or about you, I am complaining about God’s handiwork. I am saying that I know better than God.

I find the willingness to do this by contemplating the lessons learned from past suffering – lessons which have led to the blessings I now enjoy. I can remember, if I insist, how the agonies of alcoholism, the pain of rebellion and thwarted pride, have often led me to God’s grace, and so to a new freedom. So, as I walk along, I repeat still other phrases such as these, “Pain is the touchstone of progress” -“Fear no evil”- “This, too, will pass” -“This experience can be turned to benefit.

Spirituality is the only solution to a chemical problem and everything is linked to each other. My sobriety teaches me to be accepting and tolerant of the views and opinions of others. A spirituality that embraces all men – rather than a narrow and restrictive religion – is my prescription for life. I have
exchanged bigotry for freedom, and I am happy in God’s world. Complete defeat-what a concept! That must mean surrender. Surrender-to give up absolutely. To quit with no reservations. To put up our hands and quit fighting. Maybe to put up our hand at our first meeting with the Divine and admit we’re failures.

Affirmation in life plays a significant role. We must be willing to change ourselves than changing the external factor of life. It will change automatically. All is well. In the midst of turmoil, let us remember, all is well; in the midst of the pain of self-awareness, all is well. The struggle of the turmoil, the pain that accompanies the lessons of self-awareness, are preparing us for becoming all we are meant to become. We each have a special gift to offer in this life. We will come to understand those gifts and be able to give them as we grow with the pain of self-understanding. All is well. Deep down happiness ripples, it’s rippling to the surface of our lives.

Bhagavad Gita enlightens us how to you face and overcome fears/worries/social pressures/envy/Jealousy. It is not a philosophy a practical tool. An action taken too soon can be as ineffective as one taken too late. It can backfire and cause more problems than it solves. Usually, when we wait until the time is right – sometimes only a matter of minutes or hours – the discomfort dissolves, and we’re empowered to accomplish what
we need to do.

God grant me the Serenity to accept the things I cannot change; Courage to change the things I can; and Wisdom to know the difference. Thy will, not mine, be done.

Written as a part of #ChatterPrompts



Smart Phones – The Era of Integration and Dis-integration

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The concept of smart phone was first thought by Theodore Paraskevakos in 1971. The world was unaware of such a device. Smart Phones are highly advanced and are good in multitasking, but they changing our lives in a negative way.

The interaction between people in the world in the form of rapid interchange of ideas, money and trade is overwhelming. The era started with this concept, has brought progress as well regress, gains as well as loses, new opportunities as well as new problems. Human beings face tough challenges to lead life in this contemporary world. And, technology has become the deciding factor for people’s standards.

Life becomes updated and flexible with facilities to get connected to people and resources at any time. The mode of communication is open through several ways allowing people to enjoy and make best use of advancements. Also, people get better exposure to social life when they use smart phones with many different applications and accessories. People in all industry verticals use smart phones on a regular basis. The development in technology has given people better means to lead their life and enjoy being associated with different things. The applications one can access using their smart phones are unlimited. It is interesting to know more about the applications and use them for accomplishing different works in quick time. People feel prestigious and do not feel inferior in the society when they are aware about technology and technological advancements.

The adoption of Smartphone’s has been tremendous all over the world. Surveys show that 80% of the world population use mobile devices and 42% of mobile subscribers in India use Smartphone’s. According to a survey, large number of people almost up to 65% is using their Smartphone’s to read news feeds, post status updates, read and  reply to messages and post photos. This shows that now people are leaving PCs and moving towards Smartphone’s. According to analysts, the long dominated giants is experiencing bad times due to the rise of Smartphone’s and tablets, and the pressure to gain market share in mobile device market is causing fractures in long partnerships. It is true that still millions of PCs will continue to sell, but the Smartphone’s and tablets will see more considerable growth in future.

The launch of the iPhone in 2007 transformed the humble mobile phone from a one-trick tool for communication into a catch-all platform whose functionality is constantly evolving. When the editors of Popular Mechanics drafted a list of “101 Gadgets That Changed the World” in 2012, the smart phone topped the heap, trumping technological milestones such as the TV (No. 3), the personal computer (No. 5), the telephone (No. 7) and the light bulb (No. 10). “The Smartphone … is now a pocket-size PC,” the editors wrote. “It facilitates instantaneous personal connections that make phone conversations seem like cave paintings. … The device seems to have limitless potential.”

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“The human brain is wired to adapt to what the environment around it requires for survival,” writes Amber Case, a cyber-anthropologist and CEO of mobile platform Geoloqi, in her survey response. “Today and in the future, it will not be as important to internalize information but to elastically be able to take multiple sources of information in, synthesize them and make rapid decisions.” In 2012, Time Magazine and mobile technology company Qualcomm conducted a joint survey of 5,000 smart phone users in eight countries. When asked how the smart phone had changed their lives, the most common responses were that it brought them into closer contact with their friends and families and helped them be better informed. At least 75 percent of respondents in every country agreed that this constant connection was mostly positive. The ability to remain in constant contact can sometimes lead to a disconnect with loved ones. According to Pew Research’s 2014 study “Couples, the Internet and Social Media,” smart phone attachment can create romantic friction when someone feels ignored in favour of what’s on their partner’s screen. About 25 percent of married or partnered respondents to the study say they find their significant other’s phone use distracting.

A new category of consumer has emerged known as the “smartphonatic,” defined as someone who changes shopping, banking and payment behaviour after switching to a smart phone. Globally, a quarter of smart-phone owners are considered smartphonatics. Among this group, 80% use their phone for mobile banking, and 70% use it for mobile payments. While smart phones are making personal money management more convenient, in many contexts they are also the source of gross distraction, and rude and even dangerous behaviour. For example, even with all we know about texting and driving, some smart-phone owners say they check their phones while behind the wheel. Many states are moving quickly to discourage this behaviour through beefed-up distracted-driver laws and some significant points.

Everywhere we go people are glued to their phones; from the grocery store to the gym to the public restroom. This trend isn’t just irritating and borderline rude, it’s also addicting. Sixty percent of all World Population are proud owners of smart phones, 24% of those check their phone while behind the wheel, and 80% of them check their phone within 15 minutes of waking up in the morning. It used to be such a priority for employees to keep a firm separation between work life and personal life, but with smart phones, that line is blurring more and more. Emails can be accessed easily and quickly from smart phones, as well as instant communication at all times from co-workers and bosses.

Today, in a period characterized by financialization and globalization, where “information” is king, the idea of any commodity defining an era might seem quaint. But commodities are no less important today, and people’s relationships to them remain central to understanding society. If the automobile was fundamental to grasping the last century, the smart phone is the defining commodity of our era.Smartphones is a godsend for the dramaturgical aspects of life. They enable us to manage the impressions we make on others with control-freak precision. Instead of talking to each other, we can send text messages, planning our witticisms and avoidance strategies in advance. We can display our impeccable taste on Pinterest, superior parenting skills on CafeMom, and burgeoning artistic talents on Instagram, all in real time. Take texting rituals, which, with all their complex, unwritten rules, now play a commanding role in the relationship dynamics of most young adults. One need not deal in toxic nostalgia to admit that new, technologically mediated rituals are displacing or radically altering older conventions.

It’s as if you’re in a smartphone zombie apocalypse. I’d like to ask you honestly what your morning looks like. I personally wake up, turn off the alarm, and start checking notifications from dozens of other applications on my smartphone. Some mornings I’ve found myself an hour later, still in bed, in a very uncomfortable posture, still browsing on. What is going on? It’s an addiction that many of us share, but usually choose to ignore. Social media is all about displaying the better version of yourself, showing off to your friends that you go out, that you have a more fulfilled life than they think. But how much are these people actually living the moment? You could call me a hypocrite for bashing the very technology I overuse myself. Don’t get me wrong though, I’m not criticizing the technology here, but the problems that are related to society. Do not think what you get out of it but think of what you can bring out of it.

I am following the principles what Paramhamsa Niranjananda Sraswati of Bihar School of Yoga , Munger opined in an article …. Harmonising the mind ,” Pratyahara and dharana constitute the third and fourth stages in the practice of yoga, according to the yoga sutras. It is not important to sit down and close your eyes to practise pratyahara and dharana. Remember that the aim of pratyahara and dharana is stilling the activities of the mind. The pebbles that we throw into the still waters of our mind are known as pratyayas. The ripples they create are known as vrittis. The pratyaya is the stone and the vrittis are the ripples. A pratyaya is an impression that goes deep into the mind, into the psyche and that impression creates a reaction which is the vritti. You cannot stop the vrittis from altering the natural state of mind, but you can make an effort to release some of the impressions that go into your mind.

Meditation is not the only way to practise pratyahara or dharana. It is also important to reduce one’s involvement with the world of objects. Let me make it clear in a slightly different way. You sleep at night and when you wake up in the morning you are absolutely fresh and relaxed. Generally what do people do after waking up and drinking their cup of tea? They read the newspapers, turn on the T.V. or radio and listen to the news. What kind of news do you listen to or read about? Scandals, murders, accidents, thefts, criticism. You throw such negative pratyayas into that fresh, relaxed state of mind. These are the first impressions that your mind receives early in the morning. Stop that for at least two hours! Don’t turn on the telly or read the newspaper for at least two hours until your mind naturally becomes active and extrovert.

This is a very important matter. Allow your fresh, relaxed mind to come to its natural state of vitality in the course of time. Don’t plant the seeds of negativity early in the morning as the first input. You will find that your day becomes different. You are free to do, read or see anything after two hours but give yourself this time to wake up. This type of affirmation to yourself is the beginning of pratyahara and dharana. It is not sitting cross-legged in a meditative posture. Disciplining the mind and lifestyle is the beginning of pratyahara and dharana.”

Finally, I don’t think we’re heading to the right direction when it comes to mobile technology, smart phones and tablets are supposed to bring innovation into our lives, get people connected and save us some time by facilitating simple tasks, not that it doesn’t have the potential for it, but what I really see in most cases is the exact opposite effect. Of course it still brings many benefits to our modern society, but when it reaches a certain point it starts being harmful, time consuming, counterproductive and even dangerous.

Siddhartha Shankar Mishra

(Author is a Legal practitioner  and a writer )

Love, Live-In and the Law

Love, Live-In and the Law

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He was 45 and she, 60. It wasn’t the 15-year age gap between the two of them that took me by surprise as much as their reason for seeking me out. Neither of them was legally separated from their respective partners. They had come to me, a lawyer, to have an agreement drawn up.

The man had been living apart from his legal wife for seven years now. He had two grown-up children pursuing their own careers. He was emotionally dissatisfied with his wife. The woman, on the other hand, had been estranged from her legal husband for four years. Her four children were all married. Her husband was an alcoholic and she was a victim of domestic violence.

Living in the same vicinity they had felt a mutual attraction and confided their feelings to each other. Now they wished to be more responsible to and for each other and that is why they came to me.

I suggested they legally divorce their partners and then proceed to live out their lives peacefully together. However, neither of them wished to divorce their legal spouses and yet they were univocal about continuing to live together. And they insisted on an agreement being drawn up. I pointed out to them that an agreement of cohabitation, under such circumstances, would have no legal sanction or significance. They still wanted it. I drew it up.

After they left, brooding upon this visit, I was reminded of lyricist Indeevar’s beautiful words from the Bollywood filmPrem Geet:

“Naa umrr kee sima ho, naa janm kaa ho bandhan

Jab pyaar kare koyee, toh dekhe keval mann

Love can happen to anyone, at any time. What was profound about my two visitors was their maturity. Throughout our interaction they had spoken with quiet assurance. There had been no histrionics. Everything had been succinct and matter-of-fact.

Couples who marry or register a civil partnership acquire certain legal rights and responsibilities regarding their relationships. If a married couple (married via a religious ceremony or a civil one) – choose to end their relationship, they need to do so formally through the divorce or dissolution process.

A cohabiting or unmarried couple can separate without having to go through any formal process, but splitting up can be more difficult for them as there is no recognised structure for sorting things out. Forming a cohabitation agreement can help set down some practical guidelines for the relationship between the partners. A wide range of matters can be included in the cohabitation agreement: financial, assigning and/or accepting responsibilities, handling and/or settlement of disputes. Such an agreement made beforehand could help sustain the relationship. And if the relationship were to terminate, the document could ease the break-up, even save extraneous costs (like legal costs).

Courts may consider the agreement of cohabitation, but it would not be legally binding. There is no certainty that it can be reinforced. For mature people, like my two visitors, the legal aspects of such an agreement are quite secondary to the satisfaction they derive from it. Their prime concerns are fairness and practicality.

Siddhartha Mishra ( The author is a Lawyer )

It was first published on Bonobology.com.

Justice system is a human system and it is fallible



Judicial Manipulation Rocks the Nation

Our judicial system is based on manipulative finesse and exploitative abilities of the lawyers. Smartness of the advocate or solicitor may allow the criminals to walk freely. Fairness of judicial system resuscitates the entire national edifice through distinguished and valuable verdicts, while maintaining symmetrical impartiality. The system ensures provision of justice to every citizen, irrespective of color, creed, caste, political affiliation, socio-economic status, prestige and degree of influence.

 It took 13 long years to give a verdict on Salman’s rash and negligence driving, whether he was drunk or not, a diificult conundrum for the experts and obfuscating the process. He was involved in an accident at a footpath in Mumbai bandra area, where one got killed and four injured. There were two others in the car: Personal Security Officer (PSO) Ravindra Patil of the Mumbai Police (since dead) and Mr. Khan’s friend Kamaal Khan, a singer. Salman fled from the place of the occurrence. The FIR , was filed by the PSO , Ravindra patil at Badra Police Station , mentioned that Salman was driving irresponsibly  and was over indulged with alcohol intake . The Case got registered under Sec 304 ( Culpable homicide not amounting to murder )  / 294 ( Rash and negligent driving ) , along with sec 304 –A (causing death by negligence) and Section 338 (causing grievous hurt by act endangering life or personal safety of others) of IPC and a few Motor Vehicle Act provisions. He was released on bail later on. After 10 days he was again arrested when the IPC section was altered to 304-Part II (culpable homicide not amounting to murder by an act with knowledge that it is likely to cause death, but without any intention to cause death). He was underjudicial custody for 14 days and released on bail . A charge-sheet was filed under sec 304 of the IPC , after investigation. The trial was knowingly delayed / prolonged for 7 years . The Court delivered the judgement of 5 years of rigorous imprisonment , he appealed before  the Mumbai High Court and he was acquitted of all the charges . ( Very funny , I am surprised as a lawyer , the incident happened in 2002  and the sessions trial began in December 2013 )

 The FIR is an unchallenged and scared document and there was no unusual delay in reporting. There is a provision that if the person filing he can explain reasons for the delay to the court’s satisfaction, the report retains its value. There was no delay in this case. The FIR , only describes the basic facts of the incident rather describing everything in details , further it can be investigated thoroughly. It was a misfortune that Patil died before he could be examined before the Sessions Court. Patil was harassed by his own department and some outside elements to make Salman out of the mess. The sudden appearance of one Ashok Singh is quite surprising and a twist in the case, when he told he was driving the Car. According to me, it is an artificial statement and fabricated one. Further according to the defence, the accident happened because the tyre was burst. The motor vehicle inspector investigated the vehicle and noticed that there was puncture in the left wheel of the SUV, which might not lead to such mishappenning. The whole investigation was tawdry, poor-quality, inferior, and low graded. Salman’s verdict or acquittal was unjustified and irrational. He was acquitted under benefit of doubt not a complete and clean acquittal. This shows that there are flaws in our laws and our corrupt lawyers and leaders misuse them according to their whims and fancies and abuse the process of law. There is utter and urgent need to amend the defective Laws and Constitution.

 In a democratic country like India, judiciary plays a vital role in establishing a state of justice. Therefore being the watchdog, they are not allowed to shift their burden to others for their failure to establish an actual State of Justice. It is judiciary on which millions of people have struck their faith of getting justice. It has the capability of imparting justice to the aggrieved. It is that part of our constitution which acts as its Messiah. It is that structure of our society, which cemented its place next to the God and if not properly dispensed will shatter down the entire trinity of democratic instrumentalists with checks balances, parliamentary structure and the judicial facets of our constitution. Generally, aggrieved with lots of pain anguish and hope in their heart approaches the court of law for their grievances to be clarified but at the end of the day the procedural lacuna left them with bare hands. They are denied of their most important right of Justice.

 Take for example The massacre of Niroda Pataya is beyond descriptions, horrible, horrific, horrendous and it shivers down the spine. In the case, 97 people, mostly from minority community (Muslims), were killed in 2002.  The train Carnage at Godhra triggered, a massive riot in Gujrat , but Niroda Patiya is beyond imagination and highest death toll . In this case, all the Hindutva outfits were involved ( RSS, Bajrang Dal, VHP & some BJP leaders ) . They were outraging the modesty of the muslim women, torching women , children by burning them alive. The National Human Right Commission filed a Writ Petition against the Government of Gujrat & Others before the Supreme Court of India, which was decided on 1/5/2009 . The prime accused were Babu Bajrangi , Raju Chobal, Harish Rohera , Kishan Korani , P.J.Rajput active member of VHP and BJP leading a mob of 15,000 to 17,000 , shouting , “ Attack and Kill “ . A special court 32 persons including a former BJP state minister under the then Narendra Modi government, Mayaben Kodnani along with Babu Bajrangi  , a former Bajrang Dal Convenor. 29 persons were acquitted under the benefit of doubt. Those who are convicted were found to be involved in guilty of murder, attempt to murder, conspiracy, spreading enmity and communal hatred and unlawful assembly under various sections of the Indian Penal Code and the Bombay Police Act. Some of them, including Suresh Chara, were also found guilty of rape and molestation. The conviction Kodnani, was a Minister of State for Women and Child Welfare raised a demand for Modi’s resignation on moral grounds . But again it was twisted by Jayanarayan Vyas a spokeperson that Kodnani , a practising gynaecologist , was not a minister that time and her individual action could not interpreted or construed  as  the growing responsibility of the cabinet . The Niroda Patiya post – Godhra episode is one of most cruel some and darkest moments in the history of Independent India, claiming the highest number of bloodshed. This case also got elongated .

 The reputation of India’s judiciary, considered overbearing and democratically unaccountable by many, has taken a knock with the publication of a report by Transparency International (TI) called the “Global Corruption Report”. A survey conducted by the Centre for Media Studies, finds that a very high 77 percent of respondents believe the Indian judiciary is corrupt. Money was paid to the officials in the following proportions: 61 percent to lawyers; 29 percent to court officials; 5 percent to middlemen. In a 12-month period it found was around 580 million dollars of bribes. “This is a wake-up call not just for India’s legal system, but for society and the state itself”, says Upendra Baxi, a highly regarded Indian jurist, former vice-chancellor of Delhi University, and professor at the University of Warwick in Britain. “It confirms what we have known for years and casts a shadow on the integrity of the judiciary. It also calls for urgent, drastic remedial measures.” “The report only covers the lower or subordinate judiciary and excludes the judges of the High Courts (of Indian states) and the (national) Supreme Court. There are credible reports that corruption has permeated the higher judiciary too,” said Baxi.

 Judicial Corruption on rampant. “In India, impeachment is not feasible because it requires a huge (two-thirds) majority in Parliament,” argues Colin Gonsalves, a public interest lawyer with the Human Rights Law Network. “India’s parliamentary elections have produced hung verdicts for years. And it is virtually impossible to muster the numbers necessary for impeaching a judge. In 1993, V. Ramaswamy, a Supreme Court judge, was found culpable by a court committee. But he was politically well-connected and could not be impeached.” “The judicial system, including judges and lawyers, has developed a vested interest in delays as well as corruption; it promotes a collusive relationship between the different players” and this works against the public interest and the citizen’s rights. But even more important is the assault on rights that has occurred under the globalizing neoliberal turn made by India’s higher judiciary .

 As a lawyer I can say , “ Verdict has no meaning it is only for the rich and powerful . “  A question arises, “ Does our justice system give equal treatment to rich and poor, equality of Justice ? Our legal system is based upon dispute resolution between parties and not to determine right or wrong. An individual is either guilty or not guilty. The use of the term “innocent” is vastly incorrect and the general media should cease the practice when reporting.  Within our system, the more money you have, the greater your chances of having access to expert legal advice. Access to savvy legal advice increases your chances of receiving an outcome that is more favorable to you. Lack of money results in the poor rarely have the same level of access to legal services, or favorable outcomes, as the privileged.

 My Experience — 10 years back I and associate Adv Prem Prakash Panigrahi was fighting a case on behalf of the students pursuing MBA distant learning ICFAI, sambalpur . The ICFAI, duped the money of the students and wanted to shift the institute to some other place . On ICFAI side other associate of Lawyers and they  thrive under a political umbrella , there Chief is a National Secretary of a prominent national party, started creating delays… giving time petitions. I was calmly witnessing everything. They gave number of pleas that they were busy in some other courts and couldn’t come, so time may be allowed . I immediately inquired whether the concerned lawyer was in the mentioned court or not. However, after facing much of obstacles I won the cases & the students recovered there hard earned money. They assaulted me because I was creating obstacles in their path. They manipulate judiciary by putting pressure on the lower court through Justices at the upper court. They do under table business. Whenever before approaching for a case, I pray to God , whether I am fighting for a cause or just for earning money. Since 7 years I am working on my conscience. I have faith on my God’s timing. The emphasis is more on winning the case rather than ensuring that justice has been done. It is more important to see how smartly the case has been presented and how strong were the support arguments to influence the concerned honourable judge.

 Our “justice” system is all about lawyers making money, people remaining in elected positions of power, and winning an argument. We are far more concerned about the rights of perpetrators rather than victims and over the years interpreting law has become an exercise in creative writing, such as defining what the word “is” is.  Mr. Nikhil Wagle, an eminent Journalist rightly tweeted, “When u defend corrupt corporates/netas you have no moral right to speak about corruption free India.Big lawyers must understand this.”

 In India, Justice is beyond the reach of most and the right of access to it is not communicated to the citizens properly. In many a circumstances it was found that the litigant who has had access to the court failed to obtain quick relief and for some never have the opportunity even to knock the doors of the court due to ignorance and poverty. If we want justice to be accessible to all, then it must be relieved from the Laissez faire pattern, where justice like other commodity can be purchased and initiative must be taken to educate the populace.

 Quest for justice has nothing to do with procedure or jurisdictional aspect rather it cares for its speedy disposal. Delay in disposal of cases is considered as one of the most vexed and worrying problem. It is the code of procedures, which makes it so worse. However personality likesNani Phalkiwala opined that” Justice in common parlance is considered as blind but in India it is lame too and hobbles on crutches. It is on the verge of collapse with more than 30 million cases clogging the system. There are cases that take so much of time that even a generation is too short to get any type of redressal.

 India is free from the so called British Rule. From Cricket to

Judiciary India excels even Great Britain today. Naturally we are more British today than ever before. India badly needs today Indian Home Rule than ever before. The stumbling block for this Home Rule will be right from Indian Judiciary to Indian Lawyers down to political and apolitical elites sitting in National Capital Territory Delhi and State Capitals and exploiting the millions denizens. A Judge needs vacation. A Lawyer needs vacation. Both needs court rooms and files. Judges need salary enhancements and privileges and pensions. Lawyers need their fees whether the case is admitted or not and the judgment is in the litigants favor or not. They can dare for a Court Bandh or National Bandh. Where courts are busy in attending the appeals of their lower ones, and other such issues far away from the scope of the courts, humanity somewhere is left buried below the bunch of files which no one dares to uncover or we can say do anyone wants to extract these files out unless some political issue is attached to it.

 Thus courts and judicial system transpire lifeline of every nation by providing breathing space and steadfast foundation for the victims and the feeble. The social order gets reinforced by excellence of judicial system and so is the case of moral values.

Good laws have their origins in bad morals. – Albert Einstein

 Siddhartha Shankar Mishra,

The author is a Lawyer 

Sambalpur , Odisha





Life is a great teacher.  Life continues to teach through the various experiences as we grow.  From birth till death. Lessons that are not learnt well are repeated again and again. We must strive for progress not perfection. This is evolution.

I would like to share with you a quote by Osho that really spoke to my heart and inspired me this morning: “Be grateful to everyone, because everybody is creating a space for you to be transformed – even those who think they are obstructing you, even those whom you think are enemies. Your friends, your enemies, good people and bad people, favorable circumstances, unfavorable circumstances – all together they are creating the context in which you can be transformed and become a Buddha. Be grateful to all. To those who have helped, to those who have hindered, to those who have been indifferent. Be grateful to all, because altogether they are creating the contexts in which Buddhas are born – in which you can become a Buddha.” We are all unique expressions of the whole; essentially one soul. They are all teachers.

Life is like a traffic jam. We are all in Chaos. There are billboards advertisements making us aware where to pause and halt while carrying suitcase and baggage of life – experiences, memories and musings. The clock when stop, we don’t know. There are many roses and thorns in this solitary journey. Success and failure are all metaphors and perceptions.

When hit by the rock bottom – we must say, “Hey, baby, get up, never give up , first thing first , pain is the touch stone of success. It is a celebration in fact. Pain is growth, pain is celebration. And be grateful for the storms because the storm has made you the best sailor.

ye safar bahut hai kathin magar na udaas ho mere hamasafar , nahi rahanevaali ye mushkile ye hai agale mod pe mazile , meri baat kaa tu yakin kar meri baat kaa tu yakin kar,na udaas ho mere hamasafar !

 WOW - Construct A Story


This post is a part of Write Over the Weekend, an initiative for Indian Bloggers by BlogAdda.’