Thursday, February 25, 2010

Law and Justice

Justice truly changes the social fabric the way we live, trade, societal, marital status. Law and Justice, make a nation. Otherwise we are just a piece of mark on paper like Iraq. Gone are the days when the rich and powerful twisted the law with their hand fists. Now India is an emerging economy. Besides economy the rules and forces governing the traditional rules of money lending, social strata are transforming and shedding its archaic practices.


Last week, there were different Judgements taking about family, business and politics. One talks about the change in banking system, the second questions talks about identity after divorce and the third one, SC seeks advice to define and categorize the political activities.


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Giving a body blow to banks, Banks cannot prosecute borrowers under the stringent anti-cheque bouncing laws if blank post-dated cheques issued by them as collateral security are dishonoured.


“Law-makers must not have intended or imagined that money lenders or banks would obtain blank or post-dated cheques while sanctioning/disbursing loans as securities and would use them to make debtors/borrowers repay the loan under threat of prosecution and punishment (under the cheque-bouncing law),” added the judge.


It is a very significant right granted to a consumer. I have worked in financial services industry. The personnel in the industry are extremely hard working and design some of the most intelligent products in the market (amongst all the other consumer goods, products and services) and possess the expertise to sell them but not in servicing or redressing the monsters they themselves produce. Account holders at times, are themselves not aware for what they are paying and how much they are getting.


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Name is the identity of the human being and at times, it testifies as a symbol, process, era, dynasty, profession, discovery, evolution, theory, science, knowledge. But we are talking about the case of normal human beings, whose only identity is the name and not some mumbo-jumbo besides the name. A human being is named by his parents, relatives or siblings and the surname, which describes the broader essentials of our surroundings, the place where we belong to, our history, our caste (more importantly in India), our food, our habits, maybe even our desires or the broader characteristics of a human being.


We transform or undergo, maybe once, none or several times in our lifetime. A woman suffixes another surname to her name after marriage. I somehow feel it’s parochial to change the name. We may get over this practice till next generation evolves or by the turn of this century, who knows. The past forty years have been witness, when the whole World has undergone transformation in such a tremendous way. We have broken all the practices, rituals, customs, traditions, myths and dogmas created in our society.


Mumbai High Court has hinted something in that context, which may break our present rules of the societal fabric. A female cannot her husband’s name after divorce.


“By using the ex-husband's name or surname, there is always a possibility of people being misled that she is still the wife, when in fact she is not,”' said Vachha (the Judge). The HC upheld the family court order and said it need not be interfered with but should be given effect to “for all purposes”.


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Once I declared in my school class, that I want to become politician. Next day, my parents were summoned by the school to discuss the serious trouble with this child, when everybody is talking about becoming doctor, lawyer, scientist, architect, etc. Why? My teacher reasoned, politician is not a profession, neither a job nor a business. It is taken by the powerful and ruffians. I reasoned it is a profession, except its rules are still to be penned into a book. A job to create more jobs and a business to give and take more out of other businesses. Guess what? She felt this child has ruined all she had taught and may carry few more in that ditch with him.


Mayawati, the trademark owner of an elephant. The princess, rajkumari, Prime Minister, Chief Minister, a saviour, a politican, a dacoit, a diety, didi, behanji, whatever you may call her, there will be millions in UP worshiping or look upto her in every form. It is not a small thing. It only takes the brave and the intelligent to become politician. She was ready to auction Taj Mahal’s surroundings and hell one can just imagine what she can possibly do, perhaps she herself is not aware about. I just wish, if she can undertake few positive things.


SC also felt something like this, its not good to banter a seasoned and dynamic politician like her esp. after reprimanding the Chief Secretary of Uttar Pradesh, not one but several times, it hardly serves the purpose, but to seek opinion and rather build consensus from different Govt. authorities for her unscrupulous and nation destroying activities.


Mayawati is trying to immortalizing herself, the elephant and Ambedkar. Even if elephant becomes extinct like we are talking about tigers, we know we can give our children a life size replica of the animal at any Ambedkar Bhawan, any Mayawati Park, or some BSP related name in UP.


Perhaps, we can only hope that the apex Court is able to teach some lesson to the likes of Mayawati.

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