Showing posts with label security. Show all posts
Showing posts with label security. Show all posts

Sunday, 4 November 2018

Poverty, human rights & dignity

Poverty is not an original state, nor are the poor the victims of their own faults and weaknesses. Nor is it due to shortcomings in personality or morality, or failures in family or upbringing. Poverty is about exclusion, physical and economic insecurity, fear of the future, a constant sense of vulnerability. Poverty is created by societies and governments. Poverty is experienced as individuals, family and communities. Poverty is embedded in complex of policies, interactions and relationships.
  • Poverty is self-sustaining. In the modern economy, once a person or group is caught in its trap, it is hard to escape the cycle of poverty. It destroys self-confidence and the capacity to organize collective action and response. 
  • Economic globalisation, which include the privatisation of state resources and functions, and the introduction of charges even for the most basic needs reinforce the cycle of poverty by cutting off possibilities of social mobility. 
  • A powerful economic and political class emerges on the back of this poverty, with no interest in social reform, creating further obstacles to equitable distribution of resources. In this way poverty leads to social exclusion.
  • Poverty negates the realisation or enjoyment of human rights. The purpose of human rights, a life in dignity, is rendered impossible by poverty. The daily struggles of the poor constantly humiliate them. 
  • There is no real possibility of poor people enjoying rights, whether civil and political or social, economic and cultural, without resources such as education, physical security, health, employment, property, participation, and due process - all of which poverty negates. In poverty there can be no control over one’s life chances or even everyday life.
  • Existence in hovels without the basic amenities of life allows no time or ability for self-reflection, essential for identity, self- realisation, or making moral judgments. Poverty generates habits of subservience and docility that denies the premise of the equality and dignity of all persons. 
  • Poverty also forces persons into slavery and bondage, and stories of parents selling children into slavery out of desperation are now common place in states like India, Bangladesh, and Nigeria - and many other parts of the world. 
  • A poor man cannot support his family and tends to draw away from it, burdening the wife with additional responsibilities to sustain the family.
  • Poverty creates or reinforces divisions within the family, in which the male members get priority over scarce family resources. In this way poverty subverts decent and fulfilling family life. 
  • Family is the natural and fundamental group unit of society which is entitled to protection by society and the state.
  • Poverty not only deprives and demeans the poor but also affects the affluent and society. It sharpens inequalities and leads to crime, law and order, as the poor resort to various forms of self-help to eke out a living, including thefts and robberies. Security becomes an obsession for the middle classes, turning their suburbs into fortresses. The slums that grow out of poverty breed diseases and environmental degradation that can scarcely be contained within the confines of the slums. 
  • In the modern age poverty poses a major threat to social consensus and political stability. Poverty erodes the moral fibre and the moral cohesion of a society. It destroys the self-confidence of the people caught in the cycle of poverty, and leads to the waste of resources. 
  • Ideology is used to justify the limits on the role of the state in providing social welfare. Disparities of opportunities and incomes have increased in recent years. The poor can make themselves heard only by irregular demonstrations, to limited effect. 
  • We need fundamental social and economic reforms to ensure all its residents a decent life in dignity which is so eminently within reach, based on its wealth and resources.




Saturday, 15 April 2017

Rule of the Law

The rule of law is the legal principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials.

Definition of the 'rule of law' comprises the following four principles:

  1. The government and its officials and agents as well as individuals and private entities are accountable under the law.
  2. The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property and certain core human rights.
  3. The process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient.
  4. Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.


Factors of the rule of the law index:

  1. Constraints on Governments Powers is the extent to which those who govern are bound by the (a) fundamental law, (b) limited by the legislature, judiciary and audit, (c) sanction for misconduct and (d) transition of power is subject to the law 
  2. Absence of Corruption in government agencies i.e. legislature, executive, judiciary, military & police. Bribery, improper influence by public or private interests, and misappropriation of public funds or other resources.
  3. Open Government is that (a) shares information, (b) empowers people to hold the government accountable, (c) fosters citizen participation in public policy deliberations. Publicizing of basic laws & legal rights, information properly published by the government, requests for information are properly granted, effective civic participation mechanisms and bringing specific complaints to the government 
  4. Fundamental Rights protects human rights. It is a system of positive law and is at best “rule by law”. It encompasses adherence to (a) enforcement of laws that ensure equal protection (b) right to life and security of the person (c) due process of law and the rights of the accused (d), freedom of opinion and expression (e) freedom of belief and religion (f) the right to privacy (g) freedom of assembly and association (h) fundamental labor rights of collective bargaining, prohibition of forced & child labor and elimination of discrimination.
  5. Order and Security is how well the society assures the security of persons and property. Security is one of the defining aspects of any rule of law of society that is a fundamental function of the state. It is also a precondition for the realization of the rights and freedoms that the rule of law seeks. This includes various threats i.e. crime, political violence, and violence to redress personal grievances.
  6. Regulatory Enforcement is the extent to which regulations are fairly and effectively implemented and enforced. Strong rule of law requires that these regulations and administrative provisions are enforced effectively, are applied and enforced without improper influence by public officials or private interests, administrative proceedings are conducted timely, without delays, due process is respected in administrative proceedings, and that there is no expropriation of private property without adequate compensation. This does not assess what government chooses to regulate and to what extent but examines how regulations are implemented and enforced. To regulate such as public health, workplace safety, environmental protection and commercial activity.
  7. Civil Justice measures whether ordinary people can resolve their grievances peacefully and effectively through the civil justice system. The civil justice system should be accessible and affordable, free of discrimination, free of corruption, and without improper influence by public officials.  This also necessitates that court proceedings are conducted in a timely manner and not subject to delays. Recognizing the value of Alternative Dispute Resolution mechanisms, this also measures the accessibility, impartiality, and efficiency of mediation and arbitration systems that enable parties to resolve civil disputes. 
  8. Criminal Justice is a key aspect of the rule of law, constituting mechanism to redress grievances and bring action against individuals for offenses against society. Criminal justice systems are capable of investigating and adjudicating criminal offenses successfully and in a timely manner, through a system that is impartial and non-discriminatory, and is free of corruption and improper government influence, all while ensuring that the rights of both victims and the accused are effectively protected.  The delivery of effective criminal justice also necessitates correctional systems that effectively reduce criminal behavior. The delivery of criminal justice should take into consideration the entire system including the police, lawyers, prosecutors, judges, and prison officers. 
      Informal Justice concerns the role played by customary and ‘informal’ systems of justice including traditional, tribal, and religious courts, and community-based systems in resolving disputes. These complex systems often play a large role in cultures in which formal legal institutions fail to provide effective remedies for large segments of the population, or when formal institutions are perceived as remote, corrupt, or ineffective. The dispute resolution systems are timely and effective, they are impartial and free of improper influence, and these systems respect and protect fundamental rights. 

      Seven deadly sins are:
      Wealth without work, Pleasure without conscience,
      Science without humanity, Knowledge without character,
      Politics without principle, Commerce without morality,
      Worship without sacrifice. 
      – Mahatma Gandhi


      My View:
      In every aspect of 'rule of law', our country India stands abysmal. With information, awareness, transparency and education it is improving rather slowly. The irony is that while people at low end are uneducated, unskilled, poor but are good; people at high end are educated, skilled, rich but are bad. It is a catch 22 situation; unless politics change - people won't change and unless people change - politics wont change. In past 70 years after independence there is significant improvement but far less compared many advanced countries.

      Sunday, 18 December 2016

      Cashless economy will be a disaster

      Cash is empowerment, freedom, privacy & security.

      Cashless society is at least 25 years away for fulfilment of following requirements:
      • Basic education
      • Banking education
      • Technology education
      • Smartphone requirement
      • Electricity for charging
      • Internet or 3G connection
      • Net Banking wareness
      • App to be downloaded
      • Knowledge about secure operation
      • Privacy and security cyberlaws
      • Grievance redressal knowledge
      • Awareness of perils
      • Cost Benefit analysis
      • Above all mindset
      Fully cashless society would mean the end of privacy . There would be a digital trail of every action you take through your purchases and transfers. In the absence of robust privacy laws and data protection in India, it is a big worry every week as we hear stories of hacking.

      A fully cashless society could mean the end of dissent. The government can use any data it gathers against you. Even if you commit no crime, there is much you may be embarrassed by. What's more, they could make any opponent a pauper with one keystroke, freezing your bank account while they investigate alleged misdeeds. Just the fact that they have this power could have a chilling effect on dissent. Would you want government men have that much power on you for presumptive reasons?

      It is a myth that an advanced society must necessarily be cashless. In Germany more than 80% of transactions are in cash, as citizens safeguard their privacy and freedom. In the US, 45% of transactions are in cash. Even in advanced, wealthy & small countries like Norway & Singapore cashless transaction are just 60% only. In India, 600 million people have no bank account, and less than 20% of all Indians have a smartphone. Internet penetration is iffy. Trying to make India cashless is akin to putting a bullock cart in an F1 race.

      Technologies, like any App, imperil our privacy. But those actions are voluntary, and we can choose to avoid them. That is the crux. Coercion towards cashlessness with deprivation of currency implicit in the demonetization is ridiculous. A cashless society would only be good if we evolve towards it, not if we are forced into it.

      Digital payments involve transaction costs, are unreliable because of infrastructure issues. After demonetization who would trust an Indian banks and RBI? The beneficiaries of forced cashlessness are not consumers, but vested interests like banks and payment companies. This might be the largest redistribution of wealth from poor to rich in the history of humanity.

      When the demonetization was announced, Modi & BJP said it was meant to attack black money and counterfeit currency. Once it became clear that those reasons were nonsense, they tried to change the narrative into a cashless economy. Within a fortnight of that, they are already backtracking and saying they meant `less cash' instead of `cashless'. The truth is that the demonetization was a humanitarian disaster that is crippling our economy, and no matter how many times Modi and gang try to rationalize it, it cannot be done. These men will stop trying when they cannot justify any more, they will distract.

      The best government is that governs least.

      My View:
      Anything by force undermines individual freedom & rights guaranteed by constitution. When people see reason, benefits, security, affordability etc they themselves will adopt to cashless transactions voluntarily. Until then it is only a commodity with a price and government has no right to promote any body's business on its citizens forcibly. 

      How government will enforce tax compliance is altogether different issue. This is no right way.