india legal: issue: 31 march 2014

3March 31, 2014

The general reaction to the firstmakeover of India Legal s editorialcontent and design has been over-whelmingly positive as you can seefrom the letters of appreciationpublished elsewhere in the maga-

zine. Theres nothing wrong with a self-congratulato-ry pat every now and then. I undertake this gesture,however, with the deliberate intention of demonstrat-ing that as India is changing while on the threshold ofa new general election, so are the tastes of readers.

As my respected colleague, author ParsaVenkateshwar Rao Jr commented: I think your mag-azine stands a huge chance of success because it hastapped into the genuine hunger of the reading publicfor different, serious, thought-provoking material. Afirst issue of any magazine usually goes unnoticed nomatter how savvy its marketing and circulation drive.So we have reached out to our audience not onlythrough newsstands but also via electronic mail andlinks on the social media.

And the social media responses and oral reactionshave been more than satisfying. Drawing praise in anational ambience surcharged with venomous publiccriticism of the mainstream media for partisanshipand propaganda-peddling in both electronic andprint compels India Legals editors to keep theirfingers crossed. We superstitious scribes want todeflect any jinx on what looks to be a winning edito-rial USP: The magazines niche orientation within aframework and foundation of mass appeal content; ajournalistic amalgam of the general with the specific.

All of India Legal stories and articles revolve on arecurring spin: they are reported, written and pre-sented within the legal framework that drives them.Although Indians are often seen as the most litigiouspeople in the world, they often fail to realize howinextricably intertwined are the events that shapetheir politics, lifestyles, social interactions, personaldestinies, with the law and its vagaries.

The legal system is managed by the legal estab-lishment and law and order machinery judges,lawyers, prisons together constituting the judicialsystem. And India Legal offers a unique inside look atthe workings of this complex system: the courts,PILs, benches, appointments, promotions, changes,

L e t t e r f r o m t h e E d i t o r

I n d e r j i t B a d h w a r

[email protected]

inside information. While this fare is of immenseinterest to the judicial community becausenowhere else is it presented with such journalisticpanache and high production values it is by nomeans produced exclusively for lawyers and judges.Its writing style and choice of stories are designed toappeal to a wider and sophisticated general audienceof decision makers, corporates and politicians: Howthe law impacts almost every story they read in theirdaily newspapers or see on television, and what thefuture holds in the context of legal and regulatorychanges and permutations.

Our second relaunched issue contains anotherrich fusion of content. Plus a value addition that re-introduces what was once the most attractive andchallenging attribute of magazine journalism: thephoto feature! The India Today of yesteryear perfect-ed this magazine art form under the lensmanship oficons like Raghu Rai, Prashant Panjiar, Saibal Dasand Bhawan Singh. India Legals powerful photoessay on a toxic computer graveyard clicked by JamiaMillia Islamias journalism student Shadab Nazmiunder Managing Editor Ramesh Menons tutelage isa tribute to those Greats.

The crop of stories harvested by this issue includeExecutive Editor Alam Srinivas incisive, fact-packedanalysis of why the Indian middle class, earlier theagent of change, is turning against economic reforms;the cover story on the murky conspiracies surfacingalong with Oshos will 24 years after his death; accu-sations of plagiarism against Arvind Kejriwal; thelegal debate on mercy killings; and songsters cryingfoul about exploitative contracts.

The magazine is a well-heeled mixture of regularsand special features. The inside workings and newsabout the judicial system is part of the regular menu Supreme Court, PILs, consumer courts and legalFAQs. The rest of the magazine tackles all importantpolitical, economic, corporate, and social news within the context of legal relevance and parameters.

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4 March 31, 2014

Editor-in-Chief Inderjit BadhwarManaging EditorRamesh MenonExecutive EditorAlam SrinivasSenior EditorVishwas Kumar

Contributing EditorsNaresh Minocha, Girish Nikam

Associate EditorMeha Mathur

Deputy EditorsPrabir Biswas, Vishal Duggal

Art DirectorSudhir J Kumar

Deputy Art DirectorAnthony LawrenceGraphic Designer

Lalit KhitoliyaPhotographerAnil Shakya

News CoordinatorKh Manglembi DeviWeb Designers

Shubra Kandhari, Jitendra KumarProduction

Pawan Kumar Verma

Director (Marketing) Raju Sarin

GM (Sales & Marketing)Naveen Tandon-09717121002DGM (Sales & Marketing)Feroz Akhtar-09650052100Marketing Associate

Ggarima Rai

OWNED BY E. N. COMMUNICATIONS PVT. LTD.NOIDA HEAD OFFICE:

A -9, Sector-68, Gautam Buddh Nagar, NOIDA (U.P.) - 201309

Phone: +9 1-0120-2471400-432 ; Fax: + 91- 0120-2471411e-mail: [email protected]

website: www.encnetwork.in, www.indialegalonline.comMUMBAI OFFICE: Arshie Complex, B-3 & B4, Yari Road, Versova, Andheri, Mumbai-400058

RANCHI OFFICE: House No. 130/C, Vidyalaya Marg, Ashoknagar, Ranchi-834002.LUCKNOW OFFICE: First floor, 21/32, A, West View, Tilak Marg, Hazratganj, Lucknow-226001.

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ALLAHABAD OFFICE: Leader Press, 9-A, Edmonston Road, Civil Lines, Allahabad-211 001.

For advertising & subscription [email protected]

INSIDE THE COURTS

ERUPTION IN THECOMMUNE

Where are you Mlord?We are still waiting

Twenty-four years after Oshos death, a surprising will fuels acrimonious controversy among his followers. ABHAY VAIDYA probes charges of fraud

UTTAM SENGUPTA proposes a radical measure to combat judicial sloth

VOLUME. VII ISSUE. 14

33

14

20

LEAD

Revenge of the muddle classA section which thrived on economic reforms for the past 20 years has suddenlyturned against them. ALAM SRINIVAS analyses the reasons

SPECIAL REPORT

Published by Raju Sarin on behalf of E N Communications Pvt Ltd and printed atCIRRUS GRAPHICS Pvt Ltd., B-61, Sector-67, Noida. (UP)- 201 301 (India)

All rights reserved. Reproduction or translation in any language in whole or in part without permis-sion is prohibited. Requests for permission should be directed to E N Communications Pvt Ltd .

Opinions of writers in the magazine are not necessarily endorsed by E N Communications Pvt Ltd .The Publisher assumes no responsibility for the return of unsolicited material or for material lost or

damaged in transit. All correspondence should be addressed to E N Communications Pvt Ltd .

CFOAnand Raj Singh

VP (HR & GENERAL ADMINISTRATION)Lokesh Sharma

MARCH 31, 2014


4 March 31, 2014

Editor-in-Chief Inderjit BadhwarManaging EditorRamesh MenonExecutive EditorAlam SrinivasSenior EditorVishwas Kumar

Contributing EditorsNaresh Minocha, Girish Nikam

Associate EditorMeha Mathur

Deputy EditorsPrabir Biswas, Vishal Duggal

Art DirectorSudhir J Kumar

Deputy Art DirectorAnthony LawrenceGraphic Designer

Lalit KhitoliyaPhotographerAnil Shakya

News CoordinatorKh Manglembi DeviWeb Designers

Shubra Kandhari, Jitendra KumarProduction

Pawan Kumar Verma

Director (Marketing) Raju Sarin

GM (Sales & Marketing)Naveen Tandon-09717121002DGM (Sales & Marketing)Feroz Akhtar-09650052100Marketing Associate

Ggarima Rai

OWNED BY E. N. COMMUNICATIONS PVT. LTD.NOIDA HEAD OFFICE:

A -9, Sector-68, Gautam Buddh Nagar, NOIDA (U.P.) - 201309

Phone: +9 1-0120-2471400-432 ; Fax: + 91- 0120-2471411e-mail: [email protected]

website: www.encnetwork.in, www.indialegalonline.comMUMBAI OFFICE: Arshie Complex, B-3 & B4, Yari Road, Versova, Andheri, Mumbai-400058

RANCHI OFFICE: House No. 130/C, Vidyalaya Marg, Ashoknagar, Ranchi-834002.LUCKNOW OFFICE: First floor, 21/32, A, West View, Tilak Marg, Hazratganj, Lucknow-226001.

PATNA OFFICE: Sukh Vihar Apartment, West Boring Canal Road, New Punaichak, Opposite Lalita Hotel, Patna-800023.

ALLAHABAD OFFICE: Leader Press, 9-A, Edmonston Road, Civil Lines, Allahabad-211 001.

For advertising & subscription [email protected]

INSIDE THE COURTS

ERUPTION IN THECOMMUNE

Where are you Mlord?We are still waiting

Twenty-four years after Oshos death, a surprising will fuels acrimonious controversy among his followers. ABHAY VAIDYA probes charges of fraud

UTTAM SENGUPTA proposes a radical measure to combat judicial sloth

VOLUME. VII ISSUE. 14

33

14

20

LEAD

Revenge of the muddle classA section which thrived on economic reforms for the past 20 years has suddenlyturned against them. ALAM SRINIVAS analyses the reasons

SPECIAL REPORT

Published by Raju Sarin on behalf of E N Communications Pvt Ltd and printed atCIRRUS GRAPHICS Pvt Ltd., B-61, Sector-67, Noida. (UP)- 201 301 (India)

All rights reserved. Reproduction or translation in any language in whole or in part without permis-sion is prohibited. Requests for permission should be directed to E N Communications Pvt Ltd .

Opinions of writers in the magazine are not necessarily endorsed by E N Communications Pvt Ltd .The Publisher assumes no responsibility for the return of unsolicited material or for material lost or

damaged in transit. All correspondence should be addressed to E N Communications Pvt Ltd .

CFOAnand Raj Singh

VP (HR & GENERAL ADMINISTRATION)Lokesh Sharma

MARCH 31, 2014


5March 31, 2014

Bang, bang, banned!SHIVANI DASMAHAPATRA describes how vindictivepoliticians, industrialists and religious groups findexcuses to get books banned

24

PHOTO ESSAY

Computer graveyard

Where did the loot go?

A deadly trade in e-waste in Delhis Mustafabad is a major source of livelihood, and an invitation to death. Captured by RAMESH MENON and SHADAB NAZMI

PROBE

SPORTS

Three years after corruption in CommonwealthGames came to light, not a single person hasbeen convicted. A report by VISHWAS KUMAR

Ruthless, religious, righteous

Seeking dignity in death

V KRISHNASWAMY provides a glimpse into the lifeof N Srinivasan, whos at the helm of world cricket

CONTROVERSY

Will Kejriwal eat his words?A school teacher charges the AAP leader withplagiarism. And silence from the icon of honestyis perplexing, says MEHA MATHUR

Euthanasia debate continues to divide society asjudiciary decides to have a fresh look at a 2011case. An emotive piece by HISSAY BHUTIA

A reservation move in higher judiciary pits judgesagainst politicians, writes RAKESH BHATNAGAR

58

62

66

68

R E G U L A R SLetters .....................6Ringside ..................8Supreme Court ...........9Consumer Watch ......78Is That Legal? ...........81

HUMAN INTEREST

Mandalizing the courts?

ACTS & BILLS

Singer Sonu Nigam threatensto give up singing, upset withthe music contracts he isforced to sign, despite law on his side, writes MEHA MATHUR

72

What does 2014 portend forpower equations and policies for India and herneighbors?

Voices ofanguish

Opportunity,dynamism,conflict

ART & ENTERTAINMENT

GLOBAL TRENDS

SPECIAL REPORT

Ransom on high seasSHANTANU GUHA RAY suggests legal routes tomake sailing safer

28

40

46

50

FOCUS

Cover Design: SUDHIR J KUMAR


Job well done!Hearty congratulations on the March 15 issueof the relaunched India Legal! I found thestories well written and thoroughlyresearched. The layout and design is simpleand easy on the eye.Considering the readers like me who have

limited knowledge on legal and politicalaffairs, I wish there was a section with a fulllength feature providing insight and depth.One such comprehensive piece at least oncea month would be interesting.

Shamir Reuben, Pune

Amazing design, quality contentThe look and feel of the magazine is fantastic.I could not stop myself from going throughthe magazine due to the outstanding impres-sion it created at the first instance.The content and space is well managed,along with the ease of reading. I must sayIndia Legal is a magazine with amazingdesign and quality content. Eager to readyour next issue.

Vaibhav Sharma, New Delhi

Photographs not so graphicThe piece on Sunanda Pushkar reads well,but the photographs are not clear; the marksaround the neck do not show properly. On thewhole, an interesting issue.

S Dhar, Noida

Rich and colorfulCongratulations to the whole team. I foundthe magazine rich, colorful, and packed withinteresting articles. Moreover, the issues highlighted in India Legal are topical and contemporary.

The magazine is brought out in such

focussed manner that even an ordinary per-son can grasp the nuances of legality or ille-gality involved.

Miranda Ingudam, under secretary, Lok Sabha Secretariat

Global appealLooks interesting from behind the glasses ofa lawyer on this side of the border.

Hamid Rashid Gondal,Rawalpindi,

Pakistan via Facebook

Nothing humdrumThe magazine has got a good mix of content.Surprisingly pleasant and refreshing. By thename India Legal, I had expected abstruseand prosaic reading stuff, full of legal jargon,but found it to be a mainstream magazinewith an underlying legal perspective.

Shyamanga Barooah, New Delhi

Informative storiesWhile the exclusive pictures of SunandaPushkar were a revelation, the stories onKejriwal vs Mukesh Ambani fight and sexualharassment were well researched.

Devatanu Nandy, New Delhi

Breaking through the clutterIndia Legal is a welcome change from theclutter of magazines available in the market.With a superbly designed layout, this rivetingrelaunch issue of India Legal is insightful inits choice of articles.

Probir Pramanik, Kurseong

Visionary product Surprisingly good piece of work in such ashort time. But then I shouldn't be, seeing thepeople behind the product. All the best.

Hardev Sanotra, Delhi

LETTERS

March 31, 20146

Short on humorFor long, I was looking for a politico-legal publication and India Legal fits the bill.While Consumer Watch is a brilliant idea, the story, You Need to Fear, You Are aMan made an engrossing read. Design is good but many may find the maga-zines newsstand price a bit high. Apart from the cartoon, one would like to see a regular humor piece. Overall,

India Legal will find a captive audience, not limited to legal eagles but all discern-ing, aware and alert citizens.

Jitendra Prajapati, Ahmedabad

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Job well done!Hearty congratulations on the March 15 issueof the relaunched India Legal! I found thestories well written and thoroughlyresearched. The layout and design is simpleand easy on the eye.Considering the readers like me who have

limited knowledge on legal and politicalaffairs, I wish there was a section with a fulllength feature providing insight and depth.One such comprehensive piece at least oncea month would be interesting.

Shamir Reuben, Pune

Amazing design, quality contentThe look and feel of the magazine is fantastic.I could not stop myself from going throughthe magazine due to the outstanding impres-sion it created at the first instance.The content and space is well managed,along with the ease of reading. I must sayIndia Legal is a magazine with amazingdesign and quality content. Eager to readyour next issue.

Vaibhav Sharma, New Delhi

Photographs not so graphicThe piece on Sunanda Pushkar reads well,but the photographs are not clear; the marksaround the neck do not show properly. On thewhole, an interesting issue.

S Dhar, Noida

Rich and colorfulCongratulations to the whole team. I foundthe magazine rich, colorful, and packed withinteresting articles. Moreover, the issues highlighted in India Legal are topical and contemporary.

The magazine is brought out in such

focussed manner that even an ordinary per-son can grasp the nuances of legality or ille-gality involved.

Miranda Ingudam, under secretary, Lok Sabha Secretariat

Global appealLooks interesting from behind the glasses ofa lawyer on this side of the border.

Hamid Rashid Gondal,Rawalpindi,

Pakistan via Facebook

Nothing humdrumThe magazine has got a good mix of content.Surprisingly pleasant and refreshing. By thename India Legal, I had expected abstruseand prosaic reading stuff, full of legal jargon,but found it to be a mainstream magazinewith an underlying legal perspective.

Shyamanga Barooah, New Delhi

Informative storiesWhile the exclusive pictures of SunandaPushkar were a revelation, the stories onKejriwal vs Mukesh Ambani fight and sexualharassment were well researched.

Devatanu Nandy, New Delhi

Breaking through the clutterIndia Legal is a welcome change from theclutter of magazines available in the market.With a superbly designed layout, this rivetingrelaunch issue of India Legal is insightful inits choice of articles.

Probir Pramanik, Kurseong

Visionary product Surprisingly good piece of work in such ashort time. But then I shouldn't be, seeing thepeople behind the product. All the best.

Hardev Sanotra, Delhi

LETTERS

March 31, 20146

Short on humorFor long, I was looking for a politico-legal publication and India Legal fits the bill.While Consumer Watch is a brilliant idea, the story, You Need to Fear, You Are aMan made an engrossing read. Design is good but many may find the maga-zines newsstand price a bit high. Apart from the cartoon, one would like to see a regular humor piece. Overall,

India Legal will find a captive audience, not limited to legal eagles but all discern-ing, aware and alert citizens.

Jitendra Prajapati, Ahmedabad


7March 31, 2014

Softer side missingThumbs up for India Legal. I found the maga-zines layout neat and the stories credible. ButI think you need to lighten up with some 'soft'stories as well reviews of films, books, personalities, etc.

Indira Laul, Faridabad

Gripping storiesOutstanding in production and readable.Inderjit Badhwars piece on Mel WeinbergSuicide, Lies and Videotapes is gripping.Brought back old memories. When the authorwas flying to Florida, I remember going withhim to the airport and he confided in detailabout the trip. In his write-up on Sri Lanka, heis right to point out the double standards ofbig powers. But Tamils have led a second-class life and all those who disagree with theestablishment have a hard time.

Dinesh Mohan, IIT New Delhi

Enjoyable read Good luck...enjoyed browsing through the e-version of India Legal. Brilliant stuff. Cheers!

Sangeeta Badhwar, Delhi

Great work Many congratulations for the relaunch of IndiaLegal. Liked the cover story (You Need toFear, You are a Man). An exclusive insidetouts six pictures of injuries on ministerShashi Tharoor's wife Sunanda Pushkarsbody after she was found dead (How did SheDie?). Here is wishing you all success.

Krishna Prasad, editor-in-chief, Outlook

Brilliantly toldInderjit Badhwar has brilliantly told the truestory behind American Hustle. I remember itwell. Those were interesting times when heexposed the scam within Abscam. Thedetailed story Suicide, Lies and Videotapeswas interesting and informative.

Kevin Odonnel, US

Magazine for all It looks nice, unlike a law magazine; wellthought-out stories, made easier for the common man.

Nishiraj A Baruah, managing editor,Shubh Yatra

High point of journalismThe magazine will take journalism to a new high.

JP Singh, New Delhi

Versatile contentThe magazines content is versatile, appeal-ing to the public and the legal fraternity.

Sanjai Pathak, advocate, New Delhi

Please email your letters to:[email protected]

Or write to us at:India Legal, ENC Network,A-9, Sector 68, Gautam BuddhNagar, Noida (UP) - 201309

KUSHAN MITRA @KUSHANMITRA Mar 6I have serious, serious issues with a magazine

printing pictures apparently of Sunanda Pushkar'sdead body. Disgusting in my opinion.

Meelgsin @meelogsin Mar 6Mag pics show severe bruises on Sunanda Pushkar, takenimmly after her death. What did the police finally say?

MediaWatcher @India_MSM Mar 6Question to Mr @ShashiTharoor what caused the injury marks ?

Anarchist Anand @an_a_nd Shame how Sunanda Pushkar death has dropped off MSMradar

TR Vivek @TRVivek Mar 5If Sunanda had an overdose of drugs, why did the police notfind any medicine bottle or foil of tablets in the room?

S Kesavan @strawkes Mar 6Sunanda Pushkar murdered? See pics on Pg 12. And readshort analysis "Post mortem on post mortem" on pg 14

Flamboyant @beingprabhu Mar 5@centerofright: page 11 RT @sharmarohitraj: Why silenceon Sunanada Puskar murder? Cold Blooded Murder?

Paddy @paddylives Mar 5Informal pressure from health min on postmortem Pg15 MT @sharmarohitraj: Why the silence on Sunanada murder?

On page 11 of the March15 issue under the slugSupreme Court, thenames of judges due toretire were wronglyspelt. The correct namesare Justice Gyan SudhaMisra, Justice AKPatnaik and Justice SSNijjar. The error isregretted. - Editor

Corrigendum


8 March 31, 2014

As one reads history, not in the expurgated editions written for school boys andpassmen, but in the original authorities of each time, one is absolutely sickened, notby the crimes that the wicked have committed, but by the punishments that thegood have inflicted; and a community is infinitely more brutalised by the habitual employment of punishment than it is by the occasional occurrence of crime.

Oscar Wilde, The Soul of Man Under Socialism

VERDICT

Aruna

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8 March 31, 2014

As one reads history, not in the expurgated editions written for school boys andpassmen, but in the original authorities of each time, one is absolutely sickened, notby the crimes that the wicked have committed, but by the punishments that thegood have inflicted; and a community is infinitely more brutalised by the habitual employment of punishment than it is by the occasional occurrence of crime.

Oscar Wilde, The Soul of Man Under Socialism

VERDICT

Aruna

Ringside_Document2.qxd 14-03-2014 06:09 Page 2

9March 31, 2014

SUPREME COURT

Illustrations: Aruna

It seems schools in India have scant regard forhuman rights when it comes to treating aro-und 1.45 lakh HIV-positive children. They aredenied admission, thrown out of schools, madefun of in public, singled out, and even made todo menial jobs like cleaning toilets and bath-rooms. This shocking revelation was made in aPIL filed by NGO Naz Foundation in theSupreme Court. The PIL alleged that this was agross violation of their fundamental right to education.The NGOs counsel, Anand Grover, pointed outthat the schools were blatantly breaching confi-dentiality by disclosing the identity of HIV-positive children and using the informa-tion to lower their dignity.The apex court directed the centre and thestates to respond to the PIL, and drew theirattention to its plea that there should be clear-cut guidelines under the Right to Education(RTE) Act that prevent the discrimination of HIV-positive students. It suggested that HIV-positive children mustbe clubbed with disadvantaged group underthe RTE Act so that schools have no option butto admit them.

The HIV stigma

If you deliberately violate court orders, you will not be sparedeven if you tender an unconditional apology. This was the clearmessage from the Supreme Court of India.Taking strict cognizance of contempt of court, a bench of JusticesBS Chauhan, KS Radhakrishnan and SA Bobde fined a medicalcollege run by Suresh Narayan Vijayvargiya in Madhya Pradeshwith `50 lakh for admitting 107 more students in its MBBS coursethan the limit set by the apex court. It ruled that the college willhave to accommodate the excess seats in academic years 2014-15and 2015-16. The judgment will drastically curtail the number ofstudents the college can admit in the next two academic years. The court was dealing with a contempt petition filed by theMadhya Pradesh government and the director of medical educa-tion department. The management of the college had offeredunconditional apology to the court for violating the order and saidthat it would rectify the error.

Theres no mercy for defying orders

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SUPREME COURT/

10 March 31, 2014

It is common knowledge that government and public sectorundertaking employees cant fightelections unless they retire or quittheir jobs. However, a PIL filed in theSupreme Court by Indian Oil OfficersAssociation contended that servicerules barring them from the electoralbattle were baseless as there was nosuch provision either in the constitu-tion or Representation of People Act.It pleaded that such rules should bedone away with. The Supreme Court asked the centreand the Election Commission torespond in the matter. Terming suchservice rules as unconstitutional, thePIL pointed out that the regulationwas a bottleneck that prevented alarge number of educated and intelli-gent people from serving the countrythrough effective governance.

This is something that will definitely give sleepless nights to MPs andMLAs facing corruption or criminal charges in courts. They can nolonger reap the advantage of protracted delays in judgments to avoid getting disqualified from electoral contests.In a significant ruling, that too in an election year and just before the nomi-nation process began, the Supreme Court asked for speedy trials of thesepoliticians. It directed the trial courts to give their judgments within a yearfrom the date charges are framed against them. In case the courts fail to doso, they will have to justify the cause of delay to the chief justice of the concerned high court.The apex court was responding to a PIL seeking politics to be decrimi-nalised. It took note of the Law Commission report that pointed out that pro-visions like disqualification after conviction and a jail term of more than twoyears had lost teeth due to inordinate delays in trials. The report further saidthat filing of chargesheets was not enough to disqualify politicians.

I t could not have been bettertimed. With Lok Sabha elec-tions round the corner, aSupreme Court bench of ChiefJustice P Sathasivam and JusticesRanjan Gogoi and NV Ramanaasked the centre and the ElectionCommission to respond to animportant PIL that raisedobjection to a person contestingfrom two constituencies at thesame time. The PIL was filed bya registered political party Voters Party.The PIL pointed out that it hadalmost become a norm for candi-dates to contest from two seatsand vacate one seat, in case theywon from both. This necessitatedan early bypoll in the vacant seat,resulting in enormous wastage ofpublic money especially in timesof high inflation.

Law flexes iron muscleon corrupt politiciansElection

blues

A case for governmentservants in polls

Diggingout factsWhile probing further intothe validity of PresidentsRule in Delhi, the apex courtasked the Congress and BJP toclear their stand on keeping theDelhi assembly under suspendedanimation. The court had earlierkept them away and insteadsought an answer from the centreon a petition filed by Aam AadmiParty against Presidents Rule.But later it wanted to know theirviews on government formationafter Arvind Kejriwal resigned.


SUPREME COURT/

10 March 31, 2014

It is common knowledge that government and public sectorundertaking employees cant fightelections unless they retire or quittheir jobs. However, a PIL filed in theSupreme Court by Indian Oil OfficersAssociation contended that servicerules barring them from the electoralbattle were baseless as there was nosuch provision either in the constitu-tion or Representation of People Act.It pleaded that such rules should bedone away with. The Supreme Court asked the centreand the Election Commission torespond in the matter. Terming suchservice rules as unconstitutional, thePIL pointed out that the regulationwas a bottleneck that prevented alarge number of educated and intelli-gent people from serving the countrythrough effective governance.

This is something that will definitely give sleepless nights to MPs andMLAs facing corruption or criminal charges in courts. They can nolonger reap the advantage of protracted delays in judgments to avoid getting disqualified from electoral contests.In a significant ruling, that too in an election year and just before the nomi-nation process began, the Supreme Court asked for speedy trials of thesepoliticians. It directed the trial courts to give their judgments within a yearfrom the date charges are framed against them. In case the courts fail to doso, they will have to justify the cause of delay to the chief justice of the concerned high court.The apex court was responding to a PIL seeking politics to be decrimi-nalised. It took note of the Law Commission report that pointed out that pro-visions like disqualification after conviction and a jail term of more than twoyears had lost teeth due to inordinate delays in trials. The report further saidthat filing of chargesheets was not enough to disqualify politicians.

I t could not have been bettertimed. With Lok Sabha elec-tions round the corner, aSupreme Court bench of ChiefJustice P Sathasivam and JusticesRanjan Gogoi and NV Ramanaasked the centre and the ElectionCommission to respond to animportant PIL that raisedobjection to a person contestingfrom two constituencies at thesame time. The PIL was filed bya registered political party Voters Party.The PIL pointed out that it hadalmost become a norm for candi-dates to contest from two seatsand vacate one seat, in case theywon from both. This necessitatedan early bypoll in the vacant seat,resulting in enormous wastage ofpublic money especially in timesof high inflation.

Law flexes iron muscleon corrupt politiciansElection

blues

A case for governmentservants in polls

Diggingout factsWhile probing further intothe validity of PresidentsRule in Delhi, the apex courtasked the Congress and BJP toclear their stand on keeping theDelhi assembly under suspendedanimation. The court had earlierkept them away and insteadsought an answer from the centreon a petition filed by Aam AadmiParty against Presidents Rule.But later it wanted to know theirviews on government formationafter Arvind Kejriwal resigned.


11March 31, 2014

Has the Supreme Court deviated from its principal roleof deciding complex constitutional matters andbecome more like a court of appeal? While acting on a PIL, a bench of Chief Justice P Sathasivam and Justice Ranjan Gogoi put the onus on thecentre and the law ministry to decide whether to make theapex court the constitutional court of the country and fol-lowing that, to set up four national courts of appeal (NCA)that will act as constitutional courts. It sought a responsewithin four weeks.The PIL drew the attention of the apex court to its 1986suggestion, wherein it had stated the need for setting upNCAs so that it could decide on constitutional matters.

A constitutional right A matter of faithRefusing to interfere with fatwas issued by Muslimclerics and ban them unless these violate some-ones rights, the Supreme Court took a position thatthese involved questions of faith and choice. The courtwas hearing a PIL filed by advocate Vishwa LochanMadan against Shariat courts and their fatwas. He hadquestioned their constitutional validity.Rejecting the plea to stop institutions like Darul Qazaand Darul-Iftaa from issuing fatwas as these affectedthe life and liberty of citizens, the apex court clarifiedthat it cant meddle in the functioning of Muslim reli-gious institutions as these were politico-religiousissues. It added that not all fatwas are irrational.

If you thought that the Indian judiciary is excruciatinglyslow in dispensing justice and cases languish in variouscourts, revise your opinion. In a case that involved the rapeand murder of a minor in Madhya Pradesh, the judicialmachinery trial court, high court as well as the SupremeCourt took just eight months to decide its final outcome ofRajkumar vs State of Madhya Pradesh case.Rajkumar was convicted for rape and murder of 14-year-oldGounjhi in their village near Jabalpur.The apex court commuted the death sentence awarded by thetrial court and the high court to life imprisonment. It ruledthat the convicted person must serve a minimum of 35 yearsin jail before he makes a request for remission.Appreciating the alacrity shown by the police, the trial courtand the high court in pronouncing their judgments, the apexcourt noted that the case was an example of quick justice inIndia, where inordinate delays are common.

Fast track rape trial

Tamil Nadu Chief Minister Jayalalithaas plans ofreleasing the convicts in the Rajiv Gandhi assassina-tion case have come to a naught. The Supreme Court hadalready barred the state government from releasing thethree convicts Murugan, Santhan and Perarivalan whose sentences were earlier reduced to life imprisonmentfrom death penalty by the apex court.The final nail in the coffin came when a bench of ChiefJustice P Sathasivam and Justices Ranjan Gogoi and NVRamana refused to grant permission to free the other fourlife convicts in the case Nalini, Robert Pious, Jaya Kumarand Ravichandran and asked the state government tomaintain status quo. The order came in response to a writ petition filed by thecentral government.

No freedom forRajiv convicts


SUPREME COURT/

12 March 31, 2014

We will love you if you pay SEBI the amount as per the Supreme Courts order. We will love you if you uphold the rule of law."

A bench of Justices KS Radhakrishnan and JS Khehar while sending Sahara chief Subrata Roy to judicial custody

"In view of the inconsistent opinions rendered in Aruna Shanbaug case and also considering the important question of law involved... it becomes extremely important to have a clear enunciation of law...

A bench headed by Chief Justice of India P Sathasivam while referring euthanasia issue to a constitution bench for a fresh relook

The officers working under the office of the speaker are also public servants...and therefore theLokayukta and his officers are entitled and duty bound to make inquiry and investigation into the

allegations made in any complaint filed before them. A bench of Chief Justice P Sathasivam and Justices Ranjan Gogoi and SK Singh,

on whether officers from speakers office enjoyed immunity from Lokayukta investigations

We do not want a political debate. We do not want it to be a political contest. It is purely a constitutional issue...

A bench of Justices RM Lodha and Dipak Misra, seeking centres response to AAPs petition against presidents rule in Delhi

The men in fatigues may be laying downtheir lives for the country, but aredenied a basic right that every other citizen of the country enjoys the right toexercise their franchise. Yes, we are talkingabout soldiers in India who either votethrough postal ballot or by proxy.A bench of Justices AK Patnaik and FMI Kalifulla took cognizance of a peti-tion filed by parliamentarian RajeevChandrasekhar. The petition requestedthe court to direct the ElectionCommission (EC) that soldiers must beallowed to vote at the place of their post-ing. He drew the courts attention to a 1971judgment wherein both the EC and theapex court had admitted a soldiers right tovote at the place of posting. The bench referred the issue to the EC toseek its views.

They too arecitizens

COURT BYTES


14 March 31, 2014

MUDDLECLASSit is the biggest beneficiary of reforms. but now, itdemands subsidies and doles. why has the middleclass turned its back on free market policies? By Alam Srinivas

REVENGE OF THE REVENGE OF THE MUDDLECLASS

SPECIAL REPORT/ addiction to welfare

Lead-Economic reforms-option_Document2.qxd 14-03-2014 05:43 Page 2

14 March 31, 2014

MUDDLECLASSit is the biggest beneficiary of reforms. but now, itdemands subsidies and doles. why has the middleclass turned its back on free market policies? By Alam Srinivas

REVENGE OF THE REVENGE OF THE MUDDLECLASS



15March 31, 2014


slums were regularized. More sops were, andwill be, announced in political parties elec-tion manifestos. In its manifesto, the Congress is likely to

talk about the right to healthcare and water.Earlier, the BJP initiated a discussion toscrap income tax to help the urban classes,but backtracked. The regional parties, likeTamil Nadus AIADMK, said they will pro-vide free laptops, grinders and fans to themiddle class, along with the poor. What is critical is that the urban middle

class expects to be wooed now. The flip side:it hates economic reforms, i.e. the same poli-cies that earlier helped it to improveincomes and fulfill material aspirations. Why has it turned its back on reforms,

initiated by the Narasimha Raos govern-ment? Why does it hanker for cheap fuel,food, and housing? Why are politicianscompelled to launch welfare schemes not forthe poor, but for the aspiring urban sections,which have improved their lifestyles in thepast 20 years?

ECONOMICS OF WELFAREEver since the onset of reforms, and until2012, the middle class, which benefitted fromthe high growth rates, expected the good timesto continue forever. It wanted salaries to rise,employment opportunities to grow and,hence, lifestyles to get better. For it, the eco-nomic festivities could never end. The middleclass, along with the aspirers who wished to

gatecrash the ongoing party, wasnt readyfor a sustained slowdown, which iswhat occurred in the past three years. This is in fact the first time in the

past two decades that the country haswitnessed a consistent downturn. Since1992, the country has never gone throughthree successive years of slowdown, or aphase when growth in each year was lower

than the previous one. However,between 2011 and

2014, the figuredroppedfrom 9.3

percent in2010-11 to6.2 percent

and 5 percent

16 March 31, 2014

REE water, subsidized power, cheap food,discounted gas cylinders. For decades, gov-ernments helped, and wooed, the poor sec-tions in both urban and rural areas throughwelfare measures. For decades, regimeswere criticized for leakages in theseschemes, and the fact that they helped thewell-to-do classes more than the poor ones.The 1991 economic reforms aimed to reducesubsidies, at least to the urban middle class,and to do away with the welfare mindset. It worked. Buoyed by new opportunities,

end of red tape and frenetic economicgrowth, the middle class turned its headaway from welfare. Today, the wheel has turned a full circle.

The urban middle class, which has becomeprosperous and vociferous, now demandsfree power and water. It wants subsidizedschool education, healthcare and low inter-est on personal loans to pursue higher edu-cation. Watching Arvind Kejriwals whirl-wind political rise due to such doles, otherpolitical parties have realized the need towoo the urban middle class. After Kejriwal announced free water up

to a limit and slashed power tariffs by 50percent during his governments49-day-reign, other states fol-lowed suit. Maharashtrareduced rates by 15-20 percentand Haryana too reduced them.In Mumbai, urban

F

In the beginning, market-driven policies were

substitutes for freedom.Today, they imply rise in fuel

and food prices to reducesubsidies, and higher chances

to lose jobs and businesses.



slums were regularized. More sops were, andwill be, announced in political parties elec-tion manifestos. In its manifesto, the Congress is likely to

talk about the right to healthcare and water.Earlier, the BJP initiated a discussion toscrap income tax to help the urban classes,but backtracked. The regional parties, likeTamil Nadus AIADMK, said they will pro-vide free laptops, grinders and fans to themiddle class, along with the poor. What is critical is that the urban middle

class expects to be wooed now. The flip side:it hates economic reforms, i.e. the same poli-cies that earlier helped it to improveincomes and fulfill material aspirations. Why has it turned its back on reforms,

initiated by the Narasimha Raos govern-ment? Why does it hanker for cheap fuel,food, and housing? Why are politicianscompelled to launch welfare schemes not forthe poor, but for the aspiring urban sections,which have improved their lifestyles in thepast 20 years?

ECONOMICS OF WELFAREEver since the onset of reforms, and until2012, the middle class, which benefitted fromthe high growth rates, expected the good timesto continue forever. It wanted salaries to rise,employment opportunities to grow and,hence, lifestyles to get better. For it, the eco-nomic festivities could never end. The middleclass, along with the aspirers who wished to

gatecrash the ongoing party, wasnt readyfor a sustained slowdown, which iswhat occurred in the past three years. This is in fact the first time in the

past two decades that the country haswitnessed a consistent downturn. Since1992, the country has never gone throughthree successive years of slowdown, or aphase when growth in each year was lower

than the previous one. However,between 2011 and

2014, the figuredroppedfrom 9.3

percent in2010-11 to6.2 percent

and 5 percent

16 March 31, 2014

REE water, subsidized power, cheap food,discounted gas cylinders. For decades, gov-ernments helped, and wooed, the poor sec-tions in both urban and rural areas throughwelfare measures. For decades, regimeswere criticized for leakages in theseschemes, and the fact that they helped thewell-to-do classes more than the poor ones.The 1991 economic reforms aimed to reducesubsidies, at least to the urban middle class,and to do away with the welfare mindset. It worked. Buoyed by new opportunities,

end of red tape and frenetic economicgrowth, the middle class turned its headaway from welfare. Today, the wheel has turned a full circle.

The urban middle class, which has becomeprosperous and vociferous, now demandsfree power and water. It wants subsidizedschool education, healthcare and low inter-est on personal loans to pursue higher edu-cation. Watching Arvind Kejriwals whirl-wind political rise due to such doles, otherpolitical parties have realized the need towoo the urban middle class. After Kejriwal announced free water up

to a limit and slashed power tariffs by 50percent during his governments49-day-reign, other states fol-lowed suit. Maharashtrareduced rates by 15-20 percentand Haryana too reduced them.In Mumbai, urban

F

In the beginning, market-driven policies were

substitutes for freedom.Today, they imply rise in fuel

and food prices to reducesubsidies, and higher chances

to lose jobs and businesses.



in the next two years respectively. It is likely tobe lower than 5 percent in 2013-14. Since 1951,this was only the third time that this hap-pened, the other two periods being 1970-73and 1989-92.

Between 1992 and 2013, there were threeinstances when the economic growth fellbelow 5 percent. This fiscal (2013-14) might bethe fourth; growth in this year is estimated at4.7-4.9 percent. The last time this happenedwas in 2002-03. The GDP rose by over 7 per-cent in 10 of the past 22 years, and was 8 percent and above in six years.

High inflation in the past few years hurteven more. The urban middle class wascaught between the twin pincers of lower orstagnant incomes, which was the norm now,and zooming retail prices. This impacted itssavings and ability to spend. This was some-thing it was not used to, explains BibekDebroy, a renowned economist. The middleclass anger multiplied as it postponed holidays, and purchases of a new TV, secondcar, and a house.

In such a scenario, any section woulddemand freebies and subsidies. This was thereason why the middle class voted forKejriwals Aam Admi Party (AAP) during therecent Delhi assembly elections. AAP prom-

ised free water and subsidized power.However, Surjit Bhalla, an economist, says

one cannot draw a conclusion between subsi-dies and electoral victories. In Delhi andTamil Nadu, the urban doles worked; but inGujarat, there are no doles and NarendraModi is still popular. Analytically, it is tempt-ing to draw the conclusion, but is a minefield.

POLITICS OF WELFAREIn the past 10 years, or during the two UPAregimes, the political mindset changed.

17March 31, 2014

2001-02 2003-04

WPI inflationEconomic growth Food articles

2005-06 2007-08 2009-10 2012-13

Low growth and high inflation hits the middle class

15

10

5

0

YEH DIL MAANGEMUCH MOREA middle class

protestor shouts slogans during the

anti-corruption movement of

Anna Hazare in 2011

Getty Images



18 March 31, 2014

Congress President Sonia Gandhi insisted oninclusive economics, or initiatives to help thepoor, who were unable to take advantage ofthe reforms. UPA-Is biggest policies includedMGNREGA (minimum employment schemefor rural poor) and `60,000 cr loan waiver tofarmers. During UPA-II, the governmentimplemented the Food Security Act to providecheap food to the poor, which will cost`115,000 cr in 2014-15. It linked UniqueIdentification Aadhaar scheme with DirectBenefit Transfer, which aimed to pay subsidiesin cash to the poor beneficiaries. The govern-

ment also decided to increase the minimumwages, and the number of days of employ-ment, under MGNREGA.

The message that went across to the urbanwell-to-do class was that the policy makerstook it for granted. Wasnt there a need to pro-vide subsidies to the middle class, which waspained by low incomes and high expenses?Why should the government tax this class,only to use the money to help the rural poor?Why should it pay more for petrol, diesel,LPG, food, power and water, whose priceswent up almost on a monthly basis?

The bitter truth was that reforms began toharm the middle class. In the beginning, mar-ket-driven policies were substitutes for free-dom. It meant the choices to earn and spendmore, opportunities to be entrepreneurs andself-employed and flexibility in work places.Today, they imply rise in fuel prices to reducesubsidies, higher chances to lose jobs and busi-nesses as was feared due to FDI in retail, anda tussle to make ends meet.

In the past few years, the government hikedthe prices of diesel, petrol, power and waterseveral times. It reduced the number of subsi-dized LPG cylinders per household.

Lower growth in recent years led to a sce-nario where the educated either could not finda job or had to settle for a lower salary.Reforms made life tougher, rather thanenhance the middle class prosperity.

Barun Mitra, who heads the think tankLiberty Institute, clarifies that the middle classdoes not hate reforms. No individual will

How urban India spends

Food Housing Health Transport Education Clothing Durables Others

45.4%

12.5%

5.0%

6.8%

8.7%

11.1%

4.6%5.9%

Food

Housing

Health

Transport

Education

Clothing

DurablesOthers

The urban middle class wascaught between the twin pincers

of lower or stagnant incomes,which was the norm now, and

zooming retail prices. BIBEK DEBROY, eminent economist

Prices in Delhi



18 March 31, 2014

Congress President Sonia Gandhi insisted oninclusive economics, or initiatives to help thepoor, who were unable to take advantage ofthe reforms. UPA-Is biggest policies includedMGNREGA (minimum employment schemefor rural poor) and `60,000 cr loan waiver tofarmers. During UPA-II, the governmentimplemented the Food Security Act to providecheap food to the poor, which will cost`115,000 cr in 2014-15. It linked UniqueIdentification Aadhaar scheme with DirectBenefit Transfer, which aimed to pay subsidiesin cash to the poor beneficiaries. The govern-

ment also decided to increase the minimumwages, and the number of days of employ-ment, under MGNREGA.

The message that went across to the urbanwell-to-do class was that the policy makerstook it for granted. Wasnt there a need to pro-vide subsidies to the middle class, which waspained by low incomes and high expenses?Why should the government tax this class,only to use the money to help the rural poor?Why should it pay more for petrol, diesel,LPG, food, power and water, whose priceswent up almost on a monthly basis?

The bitter truth was that reforms began toharm the middle class. In the beginning, mar-ket-driven policies were substitutes for free-dom. It meant the choices to earn and spendmore, opportunities to be entrepreneurs andself-employed and flexibility in work places.Today, they imply rise in fuel prices to reducesubsidies, higher chances to lose jobs and busi-nesses as was feared due to FDI in retail, anda tussle to make ends meet.

In the past few years, the government hikedthe prices of diesel, petrol, power and waterseveral times. It reduced the number of subsi-dized LPG cylinders per household.

Lower growth in recent years led to a sce-nario where the educated either could not finda job or had to settle for a lower salary.Reforms made life tougher, rather thanenhance the middle class prosperity.

Barun Mitra, who heads the think tankLiberty Institute, clarifies that the middle classdoes not hate reforms. No individual will

How urban India spends

Food Housing Health Transport Education Clothing Durables Others

45.4%

12.5%

5.0%

6.8%

8.7%

11.1%

4.6%5.9%

Food

Housing

Health

Transport

Education

Clothing

DurablesOthers

The urban middle class wascaught between the twin pincers

of lower or stagnant incomes,which was the norm now, and

zooming retail prices. BIBEK DEBROY, eminent economist

Prices in Delhi


19March 31, 2014

possibly contend that we should go back to thepre-1991 days. But yes, in an environmentwhere politicians wish to give subsidies in abid to win elections, who will say no to them inthese trying times, he adds. The mindset ofthe urban individual shifted from a wish to payfor amenities if they were available regularly toa desire to get them free.

SOCIOLOGY OF WELFAREPopular governments have an uncanny abilityto lose the plot. Worse, such regimes get quick-ly embroiled in allegations of corruption, andthe middle class, or the intelligentsia, becomesthe first section to criticize them. One of thereasons for this trend could be the higherexpectations and hopes among the voters, whodemand better lives. The second might be thatthe politicians become arrogant, complacentand feel that they are invincible. The breakingpoint comes when the top leader, prime minis-ter and his/her family members are accused ofmanipulating the system to make money.

This happened in the 1970s, 1980s and2010. In 1969, Indira Gandhi rode to powerwith a two-thirds majority in the Lok Sabha;her son, Rajiv Gandhi, won the 1984 electionswith the largest-ever majority in the lowerhouse; and the Sonia Gandhi-ManmohanSingh combine unexpectedly romped backhome the second time in 2009. Within a fewyears (1-3), the mood of the nation reversed.All the three Gandhis were charged with loot-ing the nation and making family fortunes.

At such junctures, the middle class extract-

ed its revenge, especially when the upheavalthrew up a leader, who was squeaky clean andhonest. Urban students in north India took tothe streets behind Jayaprakash Narayan in1974; VP Singhs Jan Morcha Party (1987)united the country and pulled the rug fromunder Rajiv Gandhis regime; and the middleclass backed Kejriwal to decimate theCongress-led UPA-II in Delhi.

(Before VP Singhs rise, the Asom GanaParishad won a huge electoral victory inAssam assembly elections; the chief minister,Prafulla Kumar Mahanta, was just out of col-lege then. The JP movement was followed byEmergency and the rout of Congress, andKejriwal was helped by the Anna Hazare ral-lies against corruption.)

Emergence of a leader, who promised themoon, claimed he could change the existingsystem within months and projected a perfectimage, was crucial.

As Pavan K Varma wrote in his book, TheGreat Indian Middle Class, this section pur-sued selfish material interests, believed infinding a short-cut, a quick-fix solution andaspired to obtain things by any means, goodor bad. It had little patience to initiate acounter-attack on its own. It needed an out-sider, who could goad, inspire and push it totake on the existing political system. Clearly, it was a combination of economics,

politics and sociology that dramatically trans-formed the mindset of the middle class. Froma section which hailed Dr Manmohan Singh asits savior in the 1990s, it ridiculed the PM inthe past few years. From a class which believedin the power of the free market, it turned intoone that had faith in subsidies. From a com-munity, whose religion was competition, itclamored for economic protection. IL

Estimated population (million) 1,027 1,090 94.2Estimated households (million) 205.4 230.1 89.3Personal disposable income (` billion) 13,390 25,330 52.9Private consumption expenditure (` billion) 10,044 18,900 53.1Household savings (` billion) 3,346 6,870 48.7Savings rate (percent) 25.0 27.1

Estimates of urban Indias income, expenditure and savings

Source: NCAER study

(NSHIE,2004-05)

CSO(2004-05)

Ratio ofNSHIE/CSO

NSHIE: National Survey of Household Income and ExpenditureCSO: Central Statistical Office

Anil Shakya


20 March 31, 2014

INSIDE THE COURTS/

WERE STILLWAITING

MLORD?WHERE ARE YOU

reformers in the recent yearshave focused on reducing

backlogs but little thought hasbeen given to the quality ofjustice dispensed, costs

involved and a more efficientsystem of delivery By Uttam Sengupta

Pramod Pushkarna

litigant frustration

where-are-you-my-lord-0ption_Document2.qxd 14-03-2014 05:49 Page 2

20 March 31, 2014

INSIDE THE COURTS/

WERE STILLWAITING

MLORD?WHERE ARE YOU

reformers in the recent yearshave focused on reducing

backlogs but little thought hasbeen given to the quality ofjustice dispensed, costs

involved and a more efficientsystem of delivery By Uttam Sengupta

Pramod Pushkarna

litigant frustration


21March 31, 2014

GO and see if the magistrate has arrived.Every time I turned up in court, I wouldhear the lawyer give this instruction to hisjunior or to his clerk. While the litigants,specially the defendants and the accused,are expected to be physically present at 10am sharp, the magistrate is under no suchcompulsion. Nor is the court under any obligation to inform you in advance thatthere would be a delay in proceedings or anadjournment beforehand.

So while we would exchange small talk orstare curiously as other litigants wouldcrowd around their lawyers, the juniorwould disappear for a while. Sometimes hewould return promptly, sometimes he would

meander into other courts, do other work,stop to talk to colleagues and then return toannounce that yes, the magistrate wasindeed in the court.

A flurry of activity would then follow andeither the lawyer would pick up his gownand hurry to the courtroom or ask us to rushto the courtroom, while he would visit a dif-ferent court before attending to the case wewould be defending.

The courtroom would normally be crowd-ed with a dozen or more lawyers standingbefore the magistrate, sometimes with half adozen more sitting and waiting for theirturn. The trick, we learnt, was to discreetlyapproach the court clerk, pass on a few crispcurrency notes, the amount depending onthe gravity of the case, and tell him when youwould like your files to be put up, whetheryou wanted an adjournment orif you would like to presentyourself later in the day. If theclerk happened to be favorablydisposed, he could allow you tosign your attendance, give thenext date according to yourconvenience and let you offwith a barely discernible nod of his head.

THE last time I appeared before a Gurgaon (Haryana) court inconnection with a defamation case, I materialized six timesbefore the court during an entire year, without getting any reliefand without the case moving an inch. All because the com-plainant, a senior and influential police officer in Haryana, hadfiled the case against 36 publications, their editors, reportersand publishers. And until all the accused had appeared beforethe court, I was told, the case would not proceed. I stoppedgoing after a year and realized that the police could comeknocking on my door with a warrant of arrest at any time.

It was particularly infuriating because the defamation casepertained to a publication I no longer worked for. And it wasmentioned in the print line of the publication that while the edi-tor concerned was responsible for the content for the purposesof the law, I, sitting over six editors in my supervisory category,was not. But the summons had been issued and I needed togo through the process and raise it during the trial, I was told.Exasperated, I once told the magistrate that if he could spare

two minutes and listen to my plea, I could show him the anom-aly so that he could order my name to be dropped. The young magistrate, who otherwise appeared very businesslike,looked at me and asked me to brief my lawyer the next time I appeared.

The lawyer I had to engage was insistent that I be presentin the court at 10 am sharp. I pointed out that in that case Icould not possibly catch the Shatabdi Express fromChandigarh the same morning; that it would be a relief if thecourt could be requested to allow me to appear at any timebetween noon and 3 pm. That way I could either drive downthe same day and return the same evening. But in order toappear at 10 am, I would either have to start from Chandigarhthe previous evening or very early the same morning, latest by4 am. Arriving a day earlier would naturally involve boardingand lodging. Forget about the leave that I would have to availfor complying with a legal provision and a wooden court thatfollowed the letter but not the spirit of the law.

MY TRYST WITH A COURT

While the litigants, specially the defendantsand the accused, areexpected to be physicallypresent at 10 am sharp,the magistrate is underno such compulsion.


22 March 31, 2014

But if you failed to please the court clerkfirst, you had better be prepared to rough itout. At the very least, you would be deniedinformation that the magistrate would be onleave on the next date.

It could of course be a lot more sinister.You could orally be given a long adjourn-ment, while in the file the dates would bedifferent and at rather short intervals. Whenyou would appear on what you believed wasthe next date, you would be in for a shock.You needed a bail application, you would betold, because of your failure to appear on thelast three dates. You could swear that youhad no idea that you had to appear earlier.But all that you would get would be cold,unfriendly stares and your grim lawyertelling you that you had best arrange forbailers, their property details and so onbefore the case could proceed.

When the magistrate would finally turnhis full attention to your case, you wouldoften find that the proceedings get overquickly, often within minutes. You may havetraveled 400 kilometers, undertaken a trainjourney, secured leave for two days andspent a fortune on your boarding and lodg-ing. And yet the case would not move.

WHILE a lot of attention has been paidin recent years to reducing backlogs,little thought has been given to thequality of justice dispensed, costsinvolved and whether a more efficientsystem of delivery can be formulated.So, what needs to be done? A litigantscharter of demands needs to be drawnup for a public debate on the subject. I take the liberty of suggesting some of them, for the subordinatecourts to begin with.

n It would be a radical but welcome reformif litigants are allowed to at least suggest,if not choose, the date and time when itwould be convenient for them to appearbefore courts. They can fill up a form andjustify the request, the final decision obvi-ously resting with the court.n Now that most of the courts have beencomputerized, there is no reason whycourts cannot communicate directly withthe litigants/lawyers and inform them of the dates and tentative time of the hearing.n A court needs to be redefined in law.Instead of one magistrate manning onecourt, there should be at least two magis-trates to one court. It will reduce the levelof subjectivity and help divide the work-load. What is more, when one of the mag-istrates falls sick or proceeds on leave, thework in the court need not come to a

standstill. The arrangement would alsofacilitate the magistrates taking turns tohold the court on Sundays and till late inthe evening so that litigants dont misswork. There is no reason why the courtsshould stop functioning at 4 pm whenmany litigants may find it far more conven-ient to finish the days work and thenappear before the court at any timebetween 7 and 10 pm.n The number of adjournments ought tobe fixed and reasons thereof need to berecorded. Both the prosecution and thedefense, for example, can be allowed onlythree adjournments each, while the courtcan also adjourn the case for administra-tive reasons thrice but no longer.n The courts need to be treated like a 24x7emergency service if justice is to be swiftlyadministered. While magistrates shouldavail of leave and vacation, the working of

A MAGNA CARTAFOR LITIGANTPOWER

This is an experience that millions of peo-ple in this country go through every day. Itaffects productivity and does little to speedup the delivery of justice. Can there be a wayout? Judicial reforms yet to be addressed arethe procedural and structural norms thatare crying for transformation. I hasten toadd that it is not as if higher courts andjurists are unaware of the problem. Therehave been efforts in different parts of thecountry to ensure evening courts andholiday courts to facilitate litigants. But byall accounts they have met with lukewarmresponse or with vehement opposition.

A couple of years ago, the then chief jus-tice of the Madras High Court had mootedthe idea of holiday courts to enable workingcouples to appear before family courts. Anewspaper report had quoted the registrarof the high court that there were 16,000matrimonial cases pending before six familycourts in Tamil Nadu. Holiday courts, sheadded, were meant to enable couples work-ing in multinational corporations to appearbefore the court conveniently and not missout on their work. If the experiment were tosucceed, the Times of India reported, itcould be extended to Sundays.

The courtsneed to

be treated like a 24x7 emergencyservice if

justice is to be swiftly

administered.There is noreason why the courts

should stopfunctioning

at 4 pm.

INSIDE THE COURTS/ litigant frustration


22 March 31, 2014

But if you failed to please the court clerkfirst, you had better be prepared to rough itout. At the very least, you would be deniedinformation that the magistrate would be onleave on the next date.

It could of course be a lot more sinister.You could orally be given a long adjourn-ment, while in the file the dates would bedifferent and at rather short intervals. Whenyou would appear on what you believed wasthe next date, you would be in for a shock.You needed a bail application, you would betold, because of your failure to appear on thelast three dates. You could swear that youhad no idea that you had to appear earlier.But all that you would get would be cold,unfriendly stares and your grim lawyertelling you that you had best arrange forbailers, their property details and so onbefore the case could proceed.

When the magistrate would finally turnhis full attention to your case, you wouldoften find that the proceedings get overquickly, often within minutes. You may havetraveled 400 kilometers, undertaken a trainjourney, secured leave for two days andspent a fortune on your boarding and lodg-ing. And yet the case would not move.

WHILE a lot of attention has been paidin recent years to reducing backlogs,little thought has been given to thequality of justice dispensed, costsinvolved and whether a more efficientsystem of delivery can be formulated.So, what needs to be done? A litigantscharter of demands needs to be drawnup for a public debate on the subject. I take the liberty of suggesting some of them, for the subordinatecourts to begin with.

n It would be a radical but welcome reformif litigants are allowed to at least suggest,if not choose, the date and time when itwould be convenient for them to appearbefore courts. They can fill up a form andjustify the request, the final decision obvi-ously resting with the court.n Now that most of the courts have beencomputerized, there is no reason whycourts cannot communicate directly withthe litigants/lawyers and inform them of the dates and tentative time of the hearing.n A court needs to be redefined in law.Instead of one magistrate manning onecourt, there should be at least two magis-trates to one court. It will reduce the levelof subjectivity and help divide the work-load. What is more, when one of the mag-istrates falls sick or proceeds on leave, thework in the court need not come to a

standstill. The arrangement would alsofacilitate the magistrates taking turns tohold the court on Sundays and till late inthe evening so that litigants dont misswork. There is no reason why the courtsshould stop functioning at 4 pm whenmany litigants may find it far more conven-ient to finish the days work and thenappear before the court at any timebetween 7 and 10 pm.n The number of adjournments ought tobe fixed and reasons thereof need to berecorded. Both the prosecution and thedefense, for example, can be allowed onlythree adjournments each, while the courtcan also adjourn the case for administra-tive reasons thrice but no longer.n The courts need to be treated like a 24x7emergency service if justice is to be swiftlyadministered. While magistrates shouldavail of leave and vacation, the working of

A MAGNA CARTAFOR LITIGANTPOWER

This is an experience that millions of peo-ple in this country go through every day. Itaffects productivity and does little to speedup the delivery of justice. Can there be a wayout? Judicial reforms yet to be addressed arethe procedural and structural norms thatare crying for transformation. I hasten toadd that it is not as if higher courts andjurists are unaware of the problem. Therehave been efforts in different parts of thecountry to ensure evening courts andholiday courts to facilitate litigants. But byall accounts they have met with lukewarmresponse or with vehement opposition.

A couple of years ago, the then chief jus-tice of the Madras High Court had mootedthe idea of holiday courts to enable workingcouples to appear before family courts. Anewspaper report had quoted the registrarof the high court that there were 16,000matrimonial cases pending before six familycourts in Tamil Nadu. Holiday courts, sheadded, were meant to enable couples work-ing in multinational corporations to appearbefore the court conveniently and not missout on their work. If the experiment were tosucceed, the Times of India reported, itcould be extended to Sundays.

The courtsneed to

be treated like a 24x7 emergencyservice if

justice is to be swiftly

administered.There is noreason why the courts

should stopfunctioning

at 4 pm.

INSIDE THE COURTS/ litigant frustration


23March 31, 2014

That was the last time I came across theconcept of holiday courts. A quick Googlesearch turned up nothing beyond this par-ticular report and, therefore, it is safe toassume that the experiment was not extend-ed. And yet it makes sense to hold familycourts only on Saturdays and Sundays.

When he was law minister, Kapil Sibalinformed the Rajya Sabha that theAllahabad High Court topped with 6.70lakh civil cases and 3.38 lakh criminal casespending while there were 34.01 lakh civiland 9.40 lakh criminal cases pending in 21high courts countrywide.

A short story by Raj Chatterjee I read inImprint while still at school had concludedwith an unforgettable line: The law ismeant for the people, people are not meantfor the law.

Sometimes I feel that the sentence needsto be engraved on the walls of each of ourcourtrooms as a reminder.

the court must not stop because it is precise-ly during vacations that most litigants wouldfind the time to address legal issues, helpingexpedite the disposal of cases.n Before taking cognizance of a case, thecourt should be required to hold a prelimi-nary hearing to decide whether a trial is reallycalled for and what are the issues involved.n In criminal cases, the law should beamended to make it mandatory for the policeto video record statements given by the com-plainant and the accused and produce thembefore the commencement of trial.n While it is difficult, and not very practical, toclamp down on the exorbitantly high feescharged by lawyers, an attempt should bemade to at least make it mandatory for themto issue receipts, so that at least part of themoney is accounted for.n For the sake of transparency, courts mustacknowledge receipt of original documents.

Aruna

IL


24 March 31, 2014

all the three pillars of democracy legislative,executive and judiciary are responsible forthe recent clampdown on authors

S the literary world marks 25years of the ban on SalmanRushdies Satanic Verses follow-ing a fatwa against the author (thebook was banned in October1988), India is paralyzed by aseries of similar incidents. Thereis a spate of publishers agreeing towithdraw and pulp books, courtsstaying the publishing of manu-scripts, and individuals filingdefamation suits against writers.In the past few weeks, Penguin

Books India reached an out-of-court settlement to recall and pulpcopies of Wendy Donigers The Hindus: An Alternative History. InJanuary 2014, Bloomsbury India announced the voluntary with-drawal of Jitender Bhargavas The Descent of Air India, which crit-icized several former aviation ministers for Air Indias financialplight. And Sahara Group got a stay against Tamal Bandho-padhyays yet-to-be-released Sahara The Untold Story.These instances highlight the possible ways in which a book can

be banned or not be sold in India. Donigers critics used Section

PULPED!

A

FOCUS/ banning of books

A liberal tolerance of a different point of view causes no damage.It means only a greater self restraint. Diversity in expression ofviews whether in writings, paintings or visual media encouragesdebate. A debate should never be shut out. I am right does notnecessarily imply You are wrong.

Excerpt from Justice Sanjay Kishan Kauls judgment in the Maqbool Fida Husain vs Rajkumar Pandey case,

which quashed proceedings against painter Husain

Illustrations: Pradeep Saini

book banning-option2_Document2.qxd 14-03-2014 05:56 Page 2

24 March 31, 2014

all the three pillars of democracy legislative,executive and judiciary are responsible forthe recent clampdown on authors

S the literary world marks 25years of the ban on SalmanRushdies Satanic Verses follow-ing a fatwa against the author (thebook was banned in October1988), India is paralyzed by aseries of similar incidents. Thereis a spate of publishers agreeing towithdraw and pulp books, courtsstaying the publishing of manu-scripts, and individuals filingdefamation suits against writers.In the past few weeks, Penguin

Books India reached an out-of-court settlement to recall and pulpcopies of Wendy Donigers The Hindus: An Alternative History. InJanuary 2014, Bloomsbury India announced the voluntary with-drawal of Jitender Bhargavas The Descent of Air India, which crit-icized several former aviation ministers for Air Indias financialplight. And Sahara Group got a stay against Tamal Bandho-padhyays yet-to-be-released Sahara The Untold Story.These instances highlight the possible ways in which a book can

be banned or not be sold in India. Donigers critics used Section

PULPED!

A


A liberal tolerance of a different point of view causes no damage.It means only a greater self restraint. Diversity in expression ofviews whether in writings, paintings or visual media encouragesdebate. A debate should never be shut out. I am right does notnecessarily imply You are wrong.

Excerpt from Justice Sanjay Kishan Kauls judgment in the Maqbool Fida Husain vs Rajkumar Pandey case,

which quashed proceedings against painter Husain

Illustrations: Pradeep Saini


295A of the Indian Penal Code to pressurizePenguin. Bloomsbury was blown away bythe defamation suit filed by former ministerPraful Patel. Sahara used the old techniqueto get a court to interfere temporarily, whichscared the authors and publishers forever.

However, the most abused is the IPCssection, responsible for the ban on Rushdiesbook. The section deals with deliberate andmalicious acts intended to outrage religiousfeelings of any class by insulting its religionor religious belief . Such actions includespoken and written words, as well as signsand visible representations. The maximumpunishment is jail for eight years.

A public statement issued by Penguinadmitted this section will make it increas-ingly difficult for any Indian publisher touphold international standards of freeexpression without deliberately placingitself outside the law. It added it had torespect it however intolerant and restrictivethose laws may be. Penguin was also scaredabout the possible threats to its employees.

While these are legitimate issues, whatsurprised everyone was the out-of-court set-tlement that Penguin reached, althoughthere was no judgment to necessitate it.Lawrence Liang, an advocate associatedwith Bangalore-based Alternative LawForums, issued a notice to Penguin for vio-lating the freedom of speech and readersrights. Penguin has cowed down in a way bygiving up without even an attempt to fightthe matter to the fullest extent, he says.

Even Monika Arora, advocate for the sixpetitioners who took on Penguin, criticizesthe publishers decision, saying: The bookwas released in 2009; we filed a petition in2011. We never asked for a complete ban,nor indulged in any kind of vandalism. Thebook has been on sale for the past so manyyears. We went by the law of the land.

Defamation is a sure-shot way to scaremost publishers. In some cases, a merethreat of it or a legal notice is enough to stallthe publishing of a book or force its with-drawal. This is the legal tool Patel usedagainst Bhargava. Once he filed a criminaldefamation, Bloomsbury turned to thenegotiating table and agreed to withdraw

the book in an out-of-court deal. In aninterview with India Legal, Bhargava saidthat he would look for another publisher.

In fact defamation becomes the normwhen business persons and corporategroups wish to stop a book. The reason:

courts tend to take them seriously and arelikely to give favourable judgments. This iswhat happened with Bandhopadhyaysbook. Justifying the ex-parte stay onDecember 10, 2013, Justice IP Mukerji ofthe Calcutta High Court said: It was sub-mitted that this book was targeted at lower-ing the reputation of the plaintiffs (Saharaand its managing worker and chairman,Subrata Roy, who is now in Delhis Tihar

25March 31, 2014

Penguin has cowed down in a wayby giving up without even an attemptto fight the matter in case of WendyDonigers book.

Lawrence Liang, an advocate with Alternative LawForums, which issued a notice to Penguin

Title: The Hindus: An Alternative HistoryAuthor: Wendy DonigerRecalled by publisher: 2014


26 March 31, 2014


Jail) in the eyes of the public, without anyjustification or privilege.The court extended the injunction on

December 23, 2013, until further orders.Liang sees it as a dangerous trend, To mymind, the larger question on freedom ofspeech and expression arises when privateplayers infringe on this freedom.Arindam Chaudhuri of IIPM, a chain of

management institutes, secured an injunc-tion from a court in Assam againstSiddhartha Debs The Beautiful and theDamned. The book was published byPenguin without the first chapter thatchronicled Chaudhuris rise to fame andmoney. The suit alleged that Deb along withCaravan magazine and Google were work-ing for IIPMs competitors.

Sometimes, even a threat of defamationworks for those who wish to stop abook. Hamish McDonalds unautho-

rised biography of Dhirubhai Ambani, ThePolyester Prince: The Rise of DhirubhaiAmbani (1998), was not published byHarper Collins in India because theAmbanis threatened legal action. One-and-a-half decades later, McDonald removedcertain portions from the book and updatedit to include the 2005 split between MukeshAmbani and Anil Ambani. This new versionwas published in India as Ambani & Sons.

In some cases, the center or a state gov-ernment ban the book. This was the casewith Rushdies Satanic Verses. After theOrissa High Court issued a temporary

injunction against Peter Heehs The Lives ofSri Aurobindo, the state issued a gazettenotification in April 2009 to seize the copiesfrom the shops. At that stage, the foreignedition of the book was not available, andthe Indian edition had not been published.The courts injunction was due to a com-plaint filed by Sri Aurobindos devotees, who claimed that the book denigrated theirspiritual leader.During the hearings, the high court

directed the ministry of home affairs to ruleif the book was suitable for reading. Theministry of home affairs said it didnt have acopy of the book and the information andbroadcasting ministry said it had nothing todo with it, says PK Ray, Heehs counsel. Thebook was published abroad by ColumbiaUniversity Press; there is no sanctionagainst its import.To be fair to the courts, they have over-

ruled state bans. After Shiv Senas protests,Maharashtra banned Shivaji: Hindu King inIslamic India, a book by James Laine, in2004. The Bombay High Court ordered theban to be lifted in 2007, which was upheldby the Supreme Court in 2010. Similarly, theDelhi High Court vacated a stay againstKhushwant Singhs autobiography Truth,Love and a Little Malice.Whatever may be the reasons to ban a

book, the vacuum created by intoleranceand denial of an opportunity of discoursedemands a relook at the legal provisions andcourt precedents that infringe on the rightto freedom of speech and expression.

Title: Sahara The Untold StoryAuthor: Tamal BandhopadhyayBanned by court: 2013

Title: The Descent of Air India

Author: Jitender BhargavaWithdrawn by publisher: 2014

Title: Satanic VersesAuthor: Salman RushdieBanned by central government: 1988

Title: Shivaji: Hindu King in Islamic IndiaAuthor: James LaineBanned by Maharashtra: 2004

Title: The Polyester Prince: The Rise of Dhirubhai AmbaniAuthor: Hamish McDonaldNot published in 1998

Title: The Lives of Sri AurobindoAuthor: Peter HeehsBanned by state: 2009

Title: Truth, Love and a Little MaliceAuthor: Khushwant SinghCourt injunction: 1995

IL


ON HIGHSEAS

italian marines face trial as they shoot twoIndian fishermen mistaking them for pirates.

shipping companies shell out millions to safeguard their vessels off the african coast.

tech-savvy pirates have become the 21st century nightmare for seafarers

By Shantanu Guha Ray

ON a balmy afternoon in August 2012, hawalacash travelled from India and Pakistan to theHorn of Africa airdropped from a chopper

india legal: issue: 31 march 2014

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