O freedom, My freedom!

On January 26, 1950, India as a nation was not reborn rather it was christened. The rules (the constitution) to run a nation were put to practice from that day. Till then we were ruled by British Law under the British Monarch but on that day it ceased to be so and India became a Republic. 60 years it has been today since then and the rule of law is facing an asthma attack.

“WE, THE PEOPLE OF INDIA, having solemnly
resolved to constitute India into a [SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and
to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual
and the [unity and integrity of the Nation];
IN OUR CONSTITUENT ASSEMBLY this twentysixth
day of November, 1949, do HEREBY ADOPT,
ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.”

This is the preamble of our constitution. Its importance can be compared to that of 'United States Declaration of Independence.’ The declaration lays the foundation for freedom, the reason. The preamble tells us – How we will live in this country.

According to the supreme court it should be only used to interpret the constitution in an ambiguous situation. Well read it. Read it many times over, over again, and the one thing that we will have to confront is we are not what the preamble envisaged. It has the spirit of why we needed freedom; freedom from the Raj (British Raj). Looking at it today there is still a lot for us to imbibe from it.

The first line says – we the people of India, having solemnly resolved to constitute India into a socialist, secular, democratic, republic.

That’s a big line, have we resolved to it? We are secular, democratic, republic and socialist to some extent. But more in words, cause actions fail to support this. Yes we are secular; we crucify everyone in the name of religion. Yes we are socialist; we will privatize all companies, profit or loss making alike. Yes we are democratic, every time we have elections we choose a powerful thug; this may not be entirely true since there is a lot of hope with Omar Abdullah. Let time be the judge on him for he is still young. That’s quite an achievement for us.


The next one has many components where we the citizens shall enjoy justice, liberty and equality. Alas! We are a dismal lot here too.

On December 23, 2008, Lok Sabha passed eight bills in 17 minutes! Now these are rare species of human and they should be kept in a museum or should they be sent to the zoo cause how many humans can present, debate and arrive at a consensus on eight bills in 17 minutes? Among this bill includes a radically altered Criminal Procedural Code (CrPC). According to this bill cops cannot arrest a criminal if charges would result in seven years or less of imprisonment on proving guilty

Therefore now one can do anything short of killing which is termed as – attempt to commit culpable homicide - So harm in trying or scaring some one to death. Then, I am sure that thieves will upgrade themselves to robbers, as robbery too comes under the same gambit. Or you can act like Raju or Madoff i.e. cheating; women can be sure to not feel so good because 'outraging a woman’s modesty' is no more a serious issue according to the government (I really want to know what women MPs and the President have to say on this); this should help the son's of those MPs who are involved in cases of rape etc. Oh and a new tool of killing anyone perceived to be threat by politicians will be 'death caused by negligence' a.k.a try killing some one then just prove that it was negligence. After doing all or one of them, the police department famous for being inefficient will only serve a notice.

Now comes the fuuny part - the notice of appearance casts a duty on the accused person to appear before the police and “cooperate” with the investigation. (Freedom at last!) It is only if he fails to comply with the terms of the notice that the question of arresting him will arise. And what will the police do when the criminal runs away? Try chasing him/her, how in humane that is, making a pot belly officer run after a criminal? That is insanity? Where is the Human Rights commission?

Now back to the benifits of the criminal - I guess the easy thing to do would be to commit a crime and if you are served a notice then get ready to run. Just leave the country and go some place, cause if proven guilty you will go to jail. And if you can hire some smart lawyer and give a little money to the prosecution also make sure to do something that would make the witness go hostile. Well if you can do all of these then dont go to bahamas or some other place like Dubai or Pakistan. WE (the government- please dont get confused with the people) will protect you!

Oh and the best part is that if the police arrest accused person then they (police) will have to tell the court ‘why it did so and furnish evidence in support of it.’

On the other hand new laws are being incorporated for terror – latest in the list being strengthening of Unlawful Activities (Prevention) Act, (UAPA), 1967. When will we learn? Previously also we had these anti-terror laws but it has never managed to protect us. The truth is, they have been abused by those in power time and again.

Now see the funny part these laws (TADA, POTA and UAPA) do not identify any new offenses under the law. Because ‘terrorism’ is complex and no country could define terrorism in precise legal terms. One man’s terrorist turns out to be another’s hero. What is done is that, definition is made murky and vague. Now look at this, violence itself is also a given importance under other offenses like murder, arson, loot, rioting, causing injury, etc. under the Indian Penal Code (IPC) or under laws like the Arms Act or the Explosives Act. The very offenses specified under these draconian laws.

However, if a person is charged under the provisions of UAPA instead of the IPC, the police would obtain legitimacy for torturing the accused. Thus, it will be the cop choice to charge under UAPA. The accused would then be denied bail, the only good thing is they wont accept forced confessional statements. So, overnight, they become "terrorists" in the eyes of the law while the other accused remain without any such term tag. Therefore if a politician or a well connected person is charged it wil definitely be IPC and a normal person will be left to the mercy of the Cop.

With such double standards being implemented how can we say that WE WILL PROVIDE JUSTICE TO OUR citizen – social, economic and political?

LET THE SHOW GO ON

Course books have been meddled by past two governments. And now the states and centre are having different things in their books. The precedent has been set; history will not reflect the past but those in the seat of power will decide what the past was.

“Media is the fourth pillar of democracy” – This statement was there in the school text book (don’t know if it is still there or not.) And Jawaharlal Nehru understanding the importance of this fourth pillar sanctioned in Delhi the prime spot building around Income Tax Office (ITO), so that media is near the seat of power and can put a check on those in the driving seat of the country.

There are instances like emergency when the press did what it’s supposed to do or at least tried to do so. So did it manage to get justice in Jessica Lal murder case but what about now? It is quite when the rules are being set to end justice. Why did it behave irresponsibly when there was carnage in Mumbai? Why is it that India doesn’t allow Aljazeera being the biggest democracy? What is there to fear?

We allow hatred in the name of freedom etc. ‑ Gujrat 2002 (target of hate - Muslims), Orissa & Karnataka 2008 (target of hate – Christians), Jammu & Kashmir 2008 (target - minority in the respective area). This is a small list post millennium, detailed and well researched would be longer. The noted ones in pre-millennium have been – Sikh riots (1984), post Babri Masjid riots (1992) and many more; this we have allowed so far. But a channel with the idea of representing the other side will not be allowed?

Where is the citizens ‘LIBERTY of thought, expression, belief, faith and worship’? Why is one allowed to preach hate in any form but the other cannot even practice the liberty? Why the double standard?

Without Justice and Liberty how can one even think of Equality?

For the record how are we equal? When those who rule us can get away after scams and get re-elected? When the CJI says that judges need not declare assets, then where do Justice and Equality Stands?


But this should not mean the end of the world

One thing maybe we have managed to preserve is the idea of ‘Fraternity’; if not in the complete then partial. The belief that we are a great nation persists, when things go awry from riots to Mumbai 26/11 we get to see the believers stand up. There are those who stand for the fraternity like Hemant Karkare and many others whose names have not been highlighted but contribution no less in significance.

On the road the feeling of nationalism is high in every one, in there own ways. If not for the county, then for a holiday, the spirit is at a high. And ‘Yes’ we are secured on that one day because the, our dear politicians are safe with their A, B, C to X, Y, Z security cadre around them.

Let us try to keep the spirit because that will only give us the hope. The hope – Change will happen, and there shall be a better Day. That winter can be long but will end some day. For it is our work to keep the lights on and stand for the fraternity in the hope, “one day democracy will bring justice and liberty.” That will be the day when the constitution will follow the preamble in spirit and word!

Jai Hind!

The Satyam Misconception

'Satyam Computer Services limited,’ this was a famous company. Rather it is still famous albeit in the wrong sense. Ever since the CEO of Satyam, Ramalinga Raju confessed to falsifying accounts on January 7, 2009; it has gained more publicity (a negative one). An active media is doing a good job by asking some very correct questions like how he managed to do so for several years. Definitely the big auditing firm was involved. Without Price Waterhouse Coopers involvement this would not have been possible.

Where most people are getting it wrong is by calling it the "Indian Enron." Even I thought the same comparison on hearing about the confession the first time. And I think we were all wrong in it. When Enron scandal was investigated the CEO, Kenneth Lay was the one who went on fighting the case and the CFO, Andrew Fastow testified and pointed at all culprits including Lay. The accounting firm Arthur Andersen was one of the big five in auditing business. Both Enron and Arthur Andersen were forced to shut down.

Enron was trapped after investigations showed the whole scam. Where as in Satyam's case, the CEO surrendered before he can be caught. Securities Exchange Board of India (SEBI) had started inquiry in to the affairs of the company after it had to abort plans for Maytas acquisition. Surely given time they would have caught him. Merrill Lynch (now Bank of America) must have sniffed something wrong to back off from reviewing the company and has stayed away from media light. The CFO, Srinivas Vadlamani is blaming everyone but himself.

What Might Happen?

Well this is the biggest questions which everyone would want to know. Raju was the blue eyed boy of the State and of the different ruling parties be it the present Congress or the previous Telgu Desam (TDP). The stage has been set for compassionate hearing because of his confession and his health. When a politician gets indicted instead of going to jail they often fall sick and then end up in hospitals (wouldn't say this is true for all but definitely the big ones). One would expect few cases in which some thing like this would happen but then its the other way round. This is amusing but a hard fact. So it will not be surprising if Raju too falls ill and then is shifted to a hospital. Since he has surrendered the lawyers will do their job. If the political masters’ don’t disown Raju then this case will be stalled like Bofors, Fodder, or the way Gujarat genocide has never been solved properly despite media attention. This case too has the potential too join this junk list.

Now comes the part to deal with Price Waterhouse Coopers (PWC), well their associate firm in India. There are many legal angles to it. But most importantly what has come up in the past few days is about the disclaimer that PWC has on its contract. Also that it has sent a letter to the new board that its auditing cannot be relied up on as the data it had received were false. Weren't auditors supposed to make sure that owners are not falsifying data? It is not that PWC (i.e. their Indian associate or the main company in US) will go unpunished, from current reports it seems that ICAI will cancel the license of those accountants associated to PWC in India. Considering Satyam was listed in US PWC will not have to face some wrath there too.

Will it be a jolt to Investments?

Perhaps in the short run. But with global recession looming, it will be difficult pin point the Satyam debacle as the reason why FIIs are not coming. This may contribute to some extent but not to a very large extent. The reason being India is evolving just like the rest of the countries and it’s cheaper compared to the developed nation with lots of talent. Besides if Madoff can run a ponzi scheme so can Raju.

Corporate governance laws will improve with this incident. As far as justice is concerned, that will have to be done by the market or let’s call it the free market. Shareholders of all companies will have to make sure they don’t get audited by PWC be it in India or in any other country. This measure will ensure psychological safety. It will also leave a strong message for the auditor community.

On investors part they would have to deal with Satyam the way they think is the best. The good part is that the company was not being run on loss nor did the founder walk away with the money. Profits are there though not as much as stated earlier. Therefore, the potential is there to still keep its image as a major player in IT industry. Although the government has intervened to set things right or rather a bail-out from the sidelines but that may not be the best thing to do. Many would say what cant he government do from the sidelines? well for starters provide liquidity from PSU banks, maybe hand over some of its contract. But these things will not help in the long run. Rather let the investors sit together and come to a unanimous decision. Ultimately it will be the market that will provide the business, then let the other half called investors take the decisions.

The eventful year?

An year has ended!! So many things have happened in 2008 and most people would like to forget it, because it wasn’t good according to them or for them. A lot of has been written about it, with such varied opinion that it is all muddled up now.

Most people say 2008 was an extra-ordinary year. But when I checked the TOI’s January 1, 2008, Delhi edition I saw they had mentioned about how some one died due to road rage. And on January 1, 2009 started as usual, TOI, the worlds largest circulating English daily had screamed on its first page how some driver had killed few people. Well that doesn’t sound extra-ordinary to me.

Any ways, I did try and think about the big things of 2008; be it good, bad or the ugly.
Jan, The Sensex was at its high and some people thought we will become the richest nation in the world. And that we were untouchables. Not the untouchables in a demeaning way but in the sense of not attainable, beyond criticism. I wonder what they would say now?

Benazir Bhutto was assassinated; it was tragic for the pakistanis. She died a violent death as her brother and father. The case is just as absurd at times as her brother’s death. There was a report on CNN according to which many people believe that Benazir (she was in power) was involved in his death. It was ironic that both were shot in the neck.

February IPL came into existence, well these people thought they can make money in any time of the year and were more powerful than the ICC. They did make shit load of money and the gentleman’s game became a general mistress. All players were bought and then were treated by some of the owners as private property. Many would know all of this better than me so I would not comment much.

April Bhajji slapped Shreesanth, the lion of Punjab slapped a cub or was it a monkey? Either way every one had a laugh on the episode, especially during the press conference that followed. And many of the people with whom I had a chat said it was coming. Sreesanth was crossing his limits, so it’s not surprising.

August, I think Abhinav Bindra got a gold medal for India. This was the 1st individual gold medal representing one fifth of the world's population. That really seems like an achievement. The way press went berserk on it, the question to be asked was were they making fun or were they being proud? What was the point, should we be happy with our medal tally when competing with our neighbour (china please, Bangaladesh is also our neighbour, don’t get confused)? Ok I will buy the argument that they don’t treat humans as human, they are famous with Human Right Organisation for it but then we are not near to the other big democracy either (USA)! Its good to get medal and represent a country but why the frenzy?

September was a started in comic way; when raj thakery went ballistic on bhaiyas' and they were targeted for a political mileage. All sorts of messages came against him, and everybody took his case. Poor man, uncles old recipe didn’t work in 2008. Then bombs went off in Delhi, a tragedy had struck again. For those who saw it from close range were affected. Some arrests were made, an encounter was done and the whole police theory had many holes. Apart from that nothing much happened, since it were common people and they all have short memory so it was forgotten after few months. And the story seemed something like this – “The politicians lived happily ever after.”

The Indo-US nuclear deal, many people call it historic and consider this as a step that recognizes us (the Indians) as a world power. I don’t know how. Though there is only one Chernobyl incident in this world but I guess we will be adding a few more to the list considering the big plans and the rampant corruption. Or maybe we will avoid it all as most of the plans in India remain on paper. At least some good will happen to us because of it; if we won’t succeed then, at least we won’t die either.

Oct 2 ban on smoking in public places. Gandhiji was a good human being but that doesn’t mean we should punish the smokers from that day itself. Many of my friends complain every year that 2nd oct is a trouble they can’t celebrate Gandhi’s birthday properly with drinks on the table and now smoking also! This month saw the blood bath on stock markets all over. Peace be on all those struck by it.

Nov - Will Obama turnout to be the greatest president in American history? Most believe so or would like to believe so. It is said they elected a president form a suppressed segment and proved they were great; what, after 200 years or something. Look at us a little over 60 years; we have a sikh prime minister, beat that. We know what had happened with Sikhs when Indra Gandhi was killed in late 1970s.

Now in how many counties will the temple be used to exchange gun bullets (akshardham), have mosques destructed (babri masjid), kill the church’s Father and burn the church (orissa) etc. But then rise above everything in politics and get a Muslim president, Sikh prime- minister and the most powerful personality in politics would be a Christian lady. (This was the situation when UPA came to power and Mr Singh became the PM)

Nov 26 – “Mumbai at war” this was what the headlines were communicating on 27th and till the time all the thugs (terrorist) were killed. I call them thugs because usually terrorists have political ambition, but looking at these kids, the understanding is they were brainwashed. Our politicians did their item number in front of the TV. The truly sad part was that even the bosses of the commandos were happy to do item numbers in front of the media (circus). This was unexpected. It was like no one with authority knew what to do. The most simple things like cording off area was not done till late. Electricity wasn’t cut; mobiles and satellite phones were not jammed or tracked!! The whole system was working as a 3rd grade rusted machine bought from a road side shop with no guarantee for function. Not that i am not crediting them for putting the 60 hour siege to an end. But every min lost in these circumstances costs a civilian death, this is not what I say but its standard understanding. Its good that they brought the situation under control in 60 hours but considering the type of claims that is made every now and then, this should have been wrapped up in under 36 hours.

December was eventful in many ways. Ganguly saw retirement after being the most successful test captain or that is what people claim; Australia lost a home series after 16 years – the media covered it as if they committed the seven sins mentioned in the bible in one go.

Bush found the WMD in his press conference; it was “size 10”. Looking at that video I will admit he is quick in reaction, guess he has mastered something in his 8 year tenure of ruling the world (how to dodge –from questions to shoes)

Stocks buffoons were happy especially the real estate ones considering they were the biggest gainers of 2008 and on the whole humans were quite optimistic in the trading community. Although the soothsayers who believe in doomsday are saying to hold you breath and practice yoga for anti-depression cause you might need it.

Let’s see if 2009 will bring in the good news as many are expecting.....

A Conversation on Previous blog

Anadi: I liked it ya... Similar questions were raised by me ..

Hehe ...

So I agree... :)

Me: that's it!! No controversy, nothing for me...
Anadi: see...I totally agreed...only thing is...this New Year will bring things in a different sense
- New president for US - elections in India -and hell lotta new things
Me: hmmmm
Anadi: so I guess we can call it a 'new year', if u know what I mean...it's a different year...
Me: Okie....
Anadi: perspectives will change definitely...Delhi is geared up for commonwealth, and will further be repaired.
Me: but TOI's page 1 on 1/1/2007 and 1/1/2008 remained the same... so yeah it did change and it didn't...
Anadi: ha-ha...TOI is a bad example to quote...we all know that :)
Me: but the sales fig support it...and they make money... so majority will be on their side....Maybe not me or you... but the crowd...J (there should be some option for devils smile..)
Anadi: hehe..yea .. but u c.. the readership for TOI is only English readers which is less as compared to Hindi newspapers and the best thing is the ppl who read TOI have always celebrated new yr with pomp and show..
me: ah that's also there,,, vernacular press is no less.. and seeing the rich even the poor start imitating and thus the style and pomp goes down the chain of society,.... so it will take a generation or maybe few generations people at the bottom of the pyramid will also celebrate it...
Anadi: that is there too... and you know people have actually started doing it... yest a girl came and gave me some sweets to celebrate new yr.. and I really wonder what difference it makes in her life
Me: that's my point...
Anadi: but it is the market which promotes it...don't u think, the companies which manufacture cards, gifts, cakes and sweets.
Me: it does... the one thing capitalism demands is consumption...
Anadi: they need this market to remain in order to make profits. Ah...this is one problem which doesn't boil down to population...it boils down to money
me: hahaha... see its always about the money... some one dies, some is happy, some one is sick in all the case some one will make money.... in times of happiness people don't count so how do you create happiness... by bringing in the days, small, big celebrations etc...
Anadi: true

Once again a 'Happy New Year'

Once Again!

'Happy New Year!' every year on 1st Jan people get to hear this. To put it to better words Every year when Clock Strikes 12 a.m., people celebrate the start of a new cycle. My question is "why?"

Most of you reading this will say that, I have lost my mind or too philosophical. Well to tell the truth its neither. Just a weird Q and certain obeservations of how people react.

During school days it meant holiday, something to look forward. It would be called winter vacations. thats sleep till late days. A nice break from the monotonous routine of school. And if one observes christmas then its festival time with lots of gifts.

Then come college or graduation. New friends some, new atmosphere. many choose to start drinking from hence and more than looking forward to vacations, i always found my friends making elaborate, time bound drinking plans (although no one cared about time)

And there starts the cycle! call up a friend and chances are the reply would be

Happy New Year, (hic!)

The next set of reaction is happiness, Dont ask me for reasons. Followed by new resolutions (excitement of "new" year). and as it gets old the sense of happiness is lost till the next "new" year.
And new year resolution are put aside as old year's resolution. And all excitement is shifted towards birthday, father's day, mother's day, this day and that day etc and so many other day about which i have no clue.

Then there are a rational response, they wish, crack some humor and live it normal.

No one seems to know about any story of when and how people started this 'happy new year'. Perhaps its because there are none.

But why bother, take a day off or work as you like and Hope for a good calender cycle ahead!!!