CORRUPTION - NO LESS THAN CORROSION.

 Lord Acton's insightful remark "Power corrupts and absolute power corrupts absolutely" tends to have universal validity.

Holy Qur'an - "And when it is said to them, 'Do not cause corruption on the earth, 'they say, 'We are but reformers! Unquestionably, it is they who are the corrupters, but they perceive it not." (2:11-12)

Holy Qur'an - "Indeed, Allah does not like corrupters."

"O Lord of power and wisdom, let truth and righteousness be victorious over falsehood and injustice."           (Rigveda -10.190.1).

"People must refrain from corruption." (Atharvaveda)

"Better is a little with righteousness than great revenues with injustice." (Proverbs 16:8).

India, with a population of approximately 1.45 billion and annual budget of 48.21 lakh crore rupees ranks ranks 96 out of 180 countries by corruption perception index released by Berlin based Transparency International. It must be noted that India's rank has consistently degraded as in 2015, India ranked 76th. Corruption in 90's and previous decades was limited to Government wing in the form of bribery but in present scenario it has spread its wings across all formats and . It is a very old social malady. It's like a cancer which every Indian must strive to cure. It's a termite which is hollowing the foundations of wooden democratic framework.

CORRUPTION AT PLACES WHICH WE FAIL TO RECOGNISE-

1. Government used to give tenders to those big companies or contractors who provide back door funding to the political parties not only in power but also to opposition. It's only a myth that corruption is done by only party in power. Opposition knows everything but remains silent because once they were also somehow indulged in the same vicious cycle while being in power. And a fair percentage is provided to the opposition as well. e.g., Ministry of Road, Transport and Highways has very huge financial might in which almost every tender relating to infrastructure buildup is firstly enhanced and then released. Further, corruption is done at all stages which is visible only in case of disasters when structures fail miserably. Engineers of Road construction and various other departments has crores of wealth which is evident from all previous raids by enforcement agencies. Officials of land revenue department are mostly corrupt because of huge monetary files they deal with and immoral character.

2. Induction of government officials on contract basis and providing a meagre amount of salary is another virtual mode of forcing them to opt for unfair means for the sake of a better livelihood of their family members. e.g., Engineers, computer operators inducted by finance commission and MNREGA schemes are provided with a monthly allowance of 12,000 rupees to 20,000 rupees per month. And the most astonishing aspect is that they maintain cars and live a lavish life in such scanty salary.

3. Unfortunately, courts which are considered to be temples of justice are no left behind in expanding corruption. Even the court staffs take money to give another date in front of judges and they keep their eyes closed. 

4.  Private sector is no left behind.

a. Siemens scandal (2008) in which 6000 crores was given as bribe globally including India to secure contracts.

b. Walmart India bribery case (2012) in which Walmart was accused of paying bribes to Indian officials to gain market access, violating US Foreign Corrupt Practices Act (FCPA).

C. Satyam scam (2009), IL&FS crisis scam (2018), Nirav Modi & PNB scam (2018), Vijaya Mallya and Kingfisher scam (2016), Harshad Mehta scam (1992), Ketan Parekh scam (2001), Ranbaxy scandal (2013), Paytm bribery case (2023) etc...

d. Government sector scams include Delhi Jal board scam, Delhi power scam, Delhi CNG scam, Bofors scandal etc... 

5. Politicians have to invest crores in legislative elections campaign which they try to retrieve by heaps and mounds when they win the elections. In today's era, we vote on the grounds of political party we like rather than individuals. Infact, our democratic setup was built so that we can select the best candidate from our seats and had rejected the idea of voting on the grounds of political parties contesting but regrettably we forgot the essence of constitutional provisions and had no sense of ethics and morality left to opt between right and wrong. Sadly, we fail to elect any independent candidate who is genuine and has no previous political background.

REMEDIES AVAILABLE - 

1. Lokpal should be given immense power to even initiate action against bigwig personalities like Prime Minister, Chief Justice of India or speaker of Lok Sabha if the proof is concrete against them. No person should be left behind doesn't matter how strong his roots are. And the proceedings against such personalities should be initiated swiftly and public should have access to the proceedings online so that transparency can be maintained.

2. One of the famous sultans of Delhi, Alauddin Khilji considerably increased the pay of his land revenue staff to prevent them from corruption. So, if you really want to eradicate this menace then provide lucrative salary with perks so that they reject to be a part of corrupt wolves.

3. Courts must play a huge and vital role in improving this taint from whole India by making their campus technology driven and any member of judiciary indulged in corruption must be dealt with criminal prosecution and instant trial.

4. Private sector should not be compelled to pay huge money in order to get contracts. All tenders getting passed through union and state governments should be given on merits and good work. Daily work's live streaming must be done to reduce this social evil.

5. We are a true democracy where multi-party system is still in operation unlike China or Russia. But we must try to remove the lacuna by electing worthy people doesn't matter if they are fighting independent. Electing honest people will start a chain which will create a positive ambience all around. People should also have a right to recall the elected representatives if they see them becoming indifferent to the expected electorate. Electoral reforms are crucial and binding to eradicate political corruption.

At last, Corruption is an intractable problem. It can only be controlled, but not totally eliminated. Eradication of corruption is almost next to impossible thing in the present spectrum of affairs. It can only be possible and controlled to a desirable limit if people can understand and start to believe the core values of ethics and morality in their life. The most important thing is person should listen and follow the good part of his heart. 

WOMEN EMPOWERMENT OR WOMEN APPEASEMENT IN BIHAR? PERCEPTION OR REALITY?

 Women since ages has always been subjected to inferiority and injustice by myriads. They have always been perceived by patriarchs as suffering from alexithymia and brain atrophy. But with the onset of 21st century, a paradigm shift can be seen from such heinous crimes towards an equitable society. Although it's a fact that no utopia can ever exist but our actions and intent should be always to make our planet just and impartial.

When it comes to Bihar, we all are aware that specially in the past four decades, Bihar has emerged as a caste based political state where the major caste groups are

 Yadavs ( 14.26%),

 Kushwahas (4.21%), 

Brahmins ( 3.65%),

 Rajputs ( 3.45%),

 Kurmis (2.87%),

 Bhumihars (2.86%),

 kayasthas (0.60%) and

 muslims whose majority of the votes are allocated to a particular party constitute around (17.70%).  

If we see the caste-based survey data being conducted in 2022, we have the following figures-

General - 15.52%

OBC - 27.12%

EBC - 36.01%

SC - 19.65%

ST - 1.68%

and FEMALES constitute around 47.9%

By examining these Datas with the political representation of state level political parties, we can reach to the following inferences-

1. Majority of the Yadavs and Muslims cast their vote to RJD.

2. Since BJP has no such prominent figure like Modi or Yogi upon which the party can fight in solitude  so they have to take on the battle under the auspices of Nitish led JDU who comes from Kurmis constituting only 2.87%. 

3. Nitish first came to power as CM in the year 2005 uplifting from 55 to 88 seats and he soon passed a legislation for 50% women reservation in 2006 whose virtual impact can be well seen in 2010 legislative assembly elections where JDU won 115 seats and BJP won 91 seats led by NDA. Surely, these 91 seats won had a direct impact by Nitish's decision of including women in the political sphere and if JDU would have fought even alone then also the result would have been the same.

4.  The bigwig Question arises that why did Nitish who was then considered to be an epitome of ethics and morality had emphasized so much upon women?   The answer that we can arrive at has two polar dimensions. Firstly, he really wanted to uplift the women class and secondly, he was elected because of clean political image but Bihar which has previously voted for 15 years on caste basis and since he knew that he was having a majority because of the support of  BJP, the Kurmis vote is minimal and he may face defeat if BJP withdraws in next elections. So, he played a feminine card of using women's vote in his electoral win.

CONSEQUENCES OF WOMEN RESERVATION-

1. As soon as the women reservation bill was passed, women who got through into the local panchayat and municipal elections even today fail to write an application. Most of them initially had no idea how to place their signature and were unlearned. This drawback raises questions upon the educational setup of Bihar which literally gives good grades to even graduates passing out with distinction marks. In fact, in those days, others used to write examinations of secondary board in place of others. These women have their masterly control of their husbands and solely guided by them (Mukhiya Pati) and because of which Proxy Politics is in place.

2. Giving reservation to women in jobs had its own pros and cons. The earlier batches of government services in which women got selected at very low scores as a means of affirmative action proved to be depreciative one for others who were much more talented and deserving. Ladies who really had the talent still break all odds, score highest marks and even let the boys stand behind in ranks but majority of them who sailed because of this dragging force lacks merit and proves to be no less than any burden upon the economy. It can be well seen in the female and male cut off differences of BPSC AE (CIVIL), JE exams, BSPDCL (STORE ASSISTANT), NURSING OFFICER, TRE1, TRE2, CONSTABLE and several other government examinations whose cut off's are testimony of this argument and still this biased practice is continued. Students that mostly suffer because of this are males of General, OBC and EBC categories.

3.  Some men feel sidelined leading to frustration and resistance affecting social cohesion and workplace culture.

4. Vanity issues with women arises and they start expressing that they have conquered the palaces of victory by their efforts but they fail to introspect that it was not merit but reservation which engulfed them inside the bureaucratic segment.

5. A risk is associated that excessive focus on gender-based policies might overshadow other development matters like infrastructure, employment, education.

6. Many women get elected or appointed just to fulfill the quota but may cease to have real power and decision-making authority.

7. women reservation will never fulfill the objective unless and until patriarchal norms are strong in rural habitations.

8. Political Manipulation - Some political parties may use women reservation as a tool for vote-bank politics rather than genuinely promoting gender equality.

9.  It has been seen in the past that those who exclaim more about women empowerment are the real culprits behind atrocities upon women and use them to fulfill their own desires.

10. women has been subjected to cruelty in past but no action is taken when women are involved in harassing their staffs because there is practically no legal weapon which can act as a deterrent for them.

REMEDIES AVAILABLE - 

1. Women are good managers not only inside homes but outside as well. If their skills and knowledge are enhanced, they can prove to be more effective than their male counterparts.

2. They should be imparted quality education so that they can develop the insights and can excel in exams without any support.

3. Reservation should be kept limited to educational institutions specially in higher education so that they get ample amount of time to develop sharp acumen. Even their fees should also be very minimal so that they do not face any financial instability.

4. If Reservation in jobs has to be done then atleast the women must score 50% marks to use the reservation benefits. Anyhow this will ensure that no undeserving candidate has been added to the merit list.

5. Reservation percentage should be limited so that talent is not wasted although it is impractical to say because reservation is getting enhanced day by day and any voice raised to curtail it has to face the heat of those who are enjoying the benefits without any merit. 

6. Men specially those who are suffering because of this pressing issue should also understand the anguish of our sisters and must assist their mothers and sisters in their daily kitchen work and other household liabilities.

7. Men should support women in getting good higher education and should never compel their sisters to tie their knot. They must be given liberty to decide that at which juncture of life, they wish to have a life partner to accompany.

8. Women in Bihar who have got selected at very low scores should acquire knowledge and wisdom so that no finger can be raised upon their merit. They should work hard to remove this stain.

9. Women at workplace also binds men to obey a definite set of standards to follow. So, this is also one of the positive attributes of women at workplace. Apart from that, if they have attained good knowledge then they are more understanding and ethical in behavior.

10. Women should work harder and strive towards excellence. They should not see the reservation cut off while preparing for competitive examinations rather should target to be selected in the unreserved category. This will not only enhance their knowledge but will also boost up their confidence and no voice can ever challenge her divine sense of spirit and judgment.

 

NATIONAL COMMISSION FOR MEN - NEED OF THE HOUR

 As of now, India has no National Commission for Men like we have National Commission for Women (NCW) or National Commission for Scheduled Caste (NCSC). However, Demands has been raised frequently by social activists, civil society and human rights organizations for its creation because of the false allegations (Dowry and domestic violence cases) and mental harassment upon men specially Husbands, his close kith and kin.

PROBLEMS ASSOCIATED -

1. Violation of Human rights

2. Prima Facie, when any complaint is lodged at any Mahila Thana or any complaint case is filed at Lower courts where the petitioner is wife then unfortunately in most of the cases even without scrutiny, cognizance is taken without informing the opposite party. This is a very astounding aspect of Indian Judicial setup where no option is given to the respondent to prove his innocence until he becomes accused.

3. It is presumed even by discrete High courts that in Dowry and DV cases Husband is guilty until proven innocent which is in contradiction with the Honorable Apex Court's verdict that Bail is the rule and Jail is an exception but in most of the matrimonial disputes where the Husband's firm decision of not staying with the lady after filing false and concocted allegations brings him to face the heat of the Honorable Judges.  

4. No legal remedy left in front of Husband but to either fight the false cases and simultaneously pay interim maintenance and monthly maintenance to the lady and child or children despite having legal provisions in favor i.e., 125(4) of CrPC which deals with three aspects where a lady will be denied maintenance or interim 

(i) when she is living in adultery;

(ii) when she has left the house of the husband without sufficient cause and not ready to continue the conjugal life; and

(iii) when both are residing separately by mutual consent. 

5. Unfortunately, the motto of Indian Judiciary which has its root in "MUNDAKA UPANISHAD" has virtually shifted from "SATYAMEVA JAYATE" to "MAHILAMEVA JAYATE" which can be well ascertained from a few biased judgments of the Apex Court which pronounced that Maintenance and Restitution of conjugal rights are independent which contradicts 125(4) and MP High court's verdict that wife's extra marital affair without sex is no ground for adultery.

6. No sigh of relief even approaching National Human Rights Commission.

7. Dreaming of Justice without having megabucks is like a bigwig joke in Indian Judicial arena.

8. False cases are filed by a few groups of Advocate in every district who are popular for filing and fighting false cases and most of them sign the affidavit by other names differing from those allotted on the Enrollment list of state bar council. No need to mention that even you file a complaint against such advocates no further action is taken against them by Bar council or even High courts.

9. Breach of Article 14

10. Pendency of cases in SC and HC is another grave concern that even if you try for Quashing the whole fallacious story you need to have immense patience as it can cost several years/decades of mental and psychological peace.

FEW ABSURD JUDGMENTS- 

1. A case of false 498A was lodged in samastipur and a man was arrested in that case. After two years of imprisonment, when the accused approached the Honorable Patna High Court then it was found that this man was booked by mistake and has no relation with the Husband's family. The Honorable PHC has reprimanded the lower court's judge who took cognizance in that case and punished the judge with a fine of Rupees 200. It simply raises question that can a fine of Rupees 200 be equated with someone's 2 years of long imprisonment and his defamation in the society?

2. Honorable Supreme Court's judgment that lady entitled to maintenance from second husband even if previous marriage legally subsisting. Does this sounds ethical from the eyes of principles of natural justice?

REMEDIES AVAILABLE -

1. Instant creation of National Commission for Men.

2. Civil society should intervene and organizations like SIFF (Save Indian Family Foundation) should be created at District and Sub- division levels to resolve such disputes before approaching Courts.

3. Before taking cognizance on any matter the court/police must inform the respondent so that S/he can prove his/her innocence before filing of a false case.

4. Advocates Bill is another panacea in which provision should be there that if any advocate is found of malpractice, s/he must be debarred instantly and a huge fine must be imposed upon him/her.

5. There is a need for this society to remove this notion that only women are treated badly. 

6. Women and all those who gave false witness upon completion of trial must be landed behind the bars and huge fine must be imposed upon them. Apart from that, child or children's custody should be revoked and given to father on the grounds that a false lady can never nourish a new-born and inculcate ethos in his/her character.

7. Filing of false cases upon men also acts as a retarder for such women who are the real victim of dowry harassment and Domestic violence. This society starts opining that these ladies are also uttering concocted fables.

8. Expediting the trial can also act as a soother for the real victim as Justice delayed is justice denied.

9. Since the Apex Court's is also the interpreter of the constitution, so different justice has a different eye on same issues. So, their interpretation should not be used as a tool to harass males rather the law books like IPC, CrPC must be preferred since their laws were framed keeping the laws of natural justice into consideration.

10. Parliament should bring in bills to safeguard the innocent males while keeping in view that the real victims of DV and Dowry should be punished simultaneously.

Is Domicile policy really detrimental for states in India?

 Domicile is the gateway for locals to seek entry into the state government jobs and educational institutions with ease. 

PROBLEMS ASSOCIATED - 

1. Violation of Constitutional Rights - It's a clear breach of Article 14 and Article 16 which ensures Right to Equality and Equal opportunity in public employment to all Indians.

2. Augments regional disparity and destroys social fabric - Domicile policy increases tensions between locals and outsiders leading to hatred and animosity.

3. Reduced Talent inside bureaucracy - It leads to imparting jobs to even those who even does not deserve to be a part of the system.

4. Investment reduction - Big MNC's hesitate to invest in such states with rigid domicile-based reservations fearing inefficiency.

5.  Economic inactivity - Metro cities with diverse populace may face financial hindrance and can destroy social harmony.

6. Higher educational quality degrades - State run universities may suffer severely if they give preference to domicile over merit leading to brain drain as the worth talent moves to other states and even goes abroad facing such discriminatory behavior. Example - Jharkhand.

7. Failure of legal framework - In 2016, Jharkhand introduced Domicile policy and other state students failed to even fill the vacancies which was in place till 2022 leading to entry of only locals inside lower bureaucracy. Even if the Courts strike down such policy, it cannot replenish the rights of those violated during those 6 years who were denied to even fill the forms.

8. People of such domicile states has to face criticism when they move away from their own land due to such biased state policy which is mostly a political tool used by state level political parties.

9. Evolution and spread of Pessimism - Such policies create an unfavorable ambience and negativity prospers. e.g., residents of Bihar and UP where population density is highest has to face the worst as they fail to get a job in their states due to humongous and cut-throat competition and get depressed when they see that their state has no domicile policy of their own. Even if they have their own Domicile policy then also the chances of getting through will be minimal as compared to other states due to huge number of applicants.

10. Decline of Patriotism - Few people of such states induce a feeling of separation from others because of a set precedent. e.g., Tamil Nadu.

STATES THAT HAVE INTRODUCED DOMICILE IN HUGE NUMBERS -

1. Jharkhand - 75%

2. Haryana - 75%

3. West Bengal - 85%

4. Rajasthan - 75%

5. Maharashtra - 80%

6. Karnataka - 70%

7. Madhya Pradesh - 100%

8. Andhra Pradesh - 75%

9. Tamil Nadu - Strong preference for the Tamilians.

10. Uttarakhand - Strong preference for the locals.

REMEDIES AVAILABLE - 

1.  Domicile should be introduced in every state where percentage of reservation should be decided by keeping in view the population density of their respective states so that both the locals and outsiders will have a fair chance of getting through the entire selection process. e.g., Bihar and UP needs to have this instantly to fulfill the aspirations of the young generations.

2. This Policy should be seen from the positive aspect of elevating those who are downtrodden and it's our responsibility to look after them and create a level playing field for all.

3. Locals should be taught that spirit of nationalism and brotherhood is above all other trivial matters.

4. Unity with dignity - situation can only change if we initiate taking stand for others. i.e., Outsiders should be of the opinion that domicile must be there in other states for their elevation and locals should be supporting domicile with a comparatively lower sharing so that outsiders who will take an entry on the general category seats will come with a meritorious background and yield outstanding performance while in the service that will help in prospering their own states.

5.  Domicile should be limited to Government jobs and educational institutions and should not be granted for private sector as private sector has a massive population and creating hinderance for others with such numbers will only promote trust deficit among the fellow Indians. 

6. Land purchase ban should be removed partially as it violates constitutional mandate granted under Article 19(1)(e) but a certain percentage of the land should be restricted for the local community as well which is granted in Article 19(5) of the Indian Constitution. e.g., Himachal Pradesh, Uttarakhand has a complete ban which is obviously not beneficial for a prosperous India.  Here, Jharkhand has introduced a sustainable policy in which local tribal population's land cannot be purchased by outsiders under CNT and SPT laws but rest other lands can be purchased by any Indian belonging to any other state.

7. Domicile policy if used wisely then it can act as an economic security tool not only for locals but for pan India as well.

8. It helps in maintaining social stability and cultural preservation.

9. It's better implementation can also prove worthy for the tourism development.

10. This will help the Indian government to let the other countries believe in the essence of "VASUDHAIVA KUTUMBAKUM" and promote the real meaning of tolerance to the entire globe.

Is collegium boon or bane?

 Collegium is a group of elites among the most elites in the Indian judicial system comprising of 5 senior most justice in the apex court and 3 senior most justice in the 25 discrete high courts of India having their sole control over entire judicial setup. 

PROBLEMS ASSOCIATED -

1. Nepotism: 30-35% of SC judges appointed since independence had relatives in Judiciary at the Apex level.

2. Several Judgments challenging principles of natural justice.

3. Absolutism on the peak i.e. Judicial overreach: Misuse of power by demeaning executive and legislature in the name of safeguarding the constitution.

4. Lack of Transparency - No clear selection criteria for the judges at the apex level drawing favors in some cases.

5. Fewer representation - Very minimal chances for First - Generation lawyers, women and marginalized communities to catch the bus leading to high corridors of power.

6. This wing emphasizes vividly for women reservation at all levels of the government but fails to fulfill the equity objective when it comes to Judiciary itself.

7. No media house can enter or even question the baseless and biased judgments pronounced revealing the psyche that Judiciary is above all and no one can deter to question this setup.

8.  Impeachment process is almost impossible to execute that fills these Justices with the sense of immense vanity.

9. It is almost impossible to register a case against SC and HC judges.

10. Till date, No IT Officer, Enforcement agencies has the courage to conduct a raid on the SC and HC judges depicting as if all the Justices have a clean background since the day they took oath to be a part of SC and HC justices. 

REMEDIES AVAILABLE - 

1. Bring NJAC, creation of All India Judicial Services and removal of collegium.

2. Create a body of people having crystal clear history and honest background comprising of eminent Jurists, Legislators, Bureaucrats, Media houses, noble laureates, Padma awardees that will keep a check not only upon Legislator, Executive but even entire judiciary as well.

3. Give liberty to investigating agencies to conduct raid upon SC and HC judges when they have concrete proof.

4. Fair representation of women and people from marginalized communities should be inducted at top judiciary.

5. Bring bill in parliament and ease the Impeachment process so that no justice can behave absolutely.

6. Increase the number of judges at all the three levels by at least thrice to expedite the pendency of cases.

7. Usage of technology to negate corruption inside judicial premises.

8. Fixing the accountability of Judges when they take cognizance on baseless allegations to draw favors from the advocates.

9. Judiciary should enhance the number of staff to manage the court affairs.

10. Giving media a fair chance to raise and ask questions when Judges pass orders on their discretion which are against the principles of natural justice.