Thursday, 31 October 2019

Recusal

The Constitution vests a lot of power and certain amount of immunity in judges. Fairness and impartiality are the fundamental qualities to be possessed by a judge. Once it appears to the judge that he cannot deliver justice in an impartial manner, ethically he is expected to recuse. The right to recuse is given to the discretion of the judges. But the question that arises is whether such choices of significance be left to the prerogative of the individual judges. 
  • Judges recuse themselves when they take no part in deciding cases that they would otherwise help decide. The judges to recuse themselves from cases where the judge has a financial interest in the case's outcome or where there is otherwise a strong possibility that the judge's decision will be biased. 
  • Any party in a lawsuit may request that a judge recuse him or herself.
  • This question is the pondering of circumstances where an act of recusal becomes a contravention to that judge’s legal responsibility and moral duty to hear a matter and deliver unprejudiced justice.
  • Also, are the judges accountable for explaining the reasons for recusal to the concerned parties?
  • The professional ethics behind recusal of a judge has to do with the opacity about the reasons as to which the recusal has happened. Since India is a liberal democracy, the citizens expect accountability from public servants. By not giving reasons to recusal the judge is putting herself under speculation by the public. 
  • If a judge finds out that his brother/ sister judge recused for a specific reason, there could be an inclination from the new judge to give a favorable verdict for the party in whose favor the other judge recused.
  • Recusal is not an instance where the judiciary is under threat as the aggrieved party would like to know why a judge has recused.
  • Judges must give their reasons in writing for recusing themselves from specific cases.
  • There has to be a requirement of statutory obligation on the judges to inform the litigants as to why there is a decision to recuse from hearing. Recusal should be used sparingly like the emergency provision in the Indian Constitution.
In a 1980 appeal against Shell and BP, in England, in which “the registrar of civil appeals was unable to assemble three judges who had no shares in either defendant.” Invariably, therefore, when a judge owns shares in one of the litigants what we expect is disclosure of the fact, and if neither party objects one might think it’s acceptable for the judge to hear the case. But in the absence of a well-defined rule that helps establish a basic standard, a decision of this kind can prove troubling somewhere down the line.


Independence and impartiality are the twin pillars without which justice cannot stand,
and the purpose of recusal is to underpin them - 
Sir Stephen Sedley


Wednesday, 23 October 2019

Indian economic recession

In the budget, the FM Nirmala Sitharaman claimed that India’s economy would hit $5 trillion by 2025. In the weeks that followed, GDP growth rater fell to a six-year low of 5%; the RBI made a surplus transfer of Rs 1.76 lakh crore to the union government; and the government announced the merger of ten public-sector banks into four combinations. These announcements came against the backdrop of the precarious state of the Indian economy. The country is witnessing an economic slowdown that has spread from the auto sector to all other segments, the unemployment rate is at a 45-year high and the tax collections from the previous fiscal year presented an estimated shortfall of Rs 1.67 lakh crore from the revenue expected by the BJP government. The going seems difficult for both Sitharaman and the Indian economy.
  • The RBI has lowered India's growth forecast for FY20 to 6.1% from 6.9% it projected earlier. The World Bank has cut India's GDP growth forecast from 7.5% to 6% this year.
  • India is a consumption-driven economy. When consumers buy goods and services, the wheels of the economy turn. That has not been happening for several quarters and for various reasons.
  • Fewer jobs (at 6.1% in 2017-18, unemployment was the highest in 45 years), a freeze in salary hikes and bonuses, layoffs and uncertainty in businesses are making people cut down on spending.
  • Incomes and wages in rural India, where 67% of India's population lives, have been hit because of low food prices. Agriculture GDP grew just 2% in the first quarter of the current fiscal, compared to 5.1% in the same quarter of the previous fiscal.
  • Consequently growth in private consumption expenditure is down to an 18-quarter low of 3.1% in June 2019. Savings declined to an all-time low because of static or falling incomes.
  • Construction, which is a big employment generator, is decelerating because of the slump in real estate. Exports fell 6.57% in Sept 2019 compared to a year ago. Discoms are groaning under a combined debt of over Rs 2.4 lakh crore. Corporate sector revenue growth fell to an 11-quarter low and investments plunged to a 15-year low.
  • The banking and financial services sector is in a mess. There is liquidity, but no loans are being given. Banks are tottering under a mountain of NPA's of close to 10% of their total assets. They are fearful of giving fresh loans in case they add to their woes. Non-banking financial companies, which are a major source of consumer loans, are in a mess of their own and unable to extend credit. And the string of collapsing financial institutions has further sapped consumer confidence in the system.
  • The government's rescue acts like slashing corporate tax rates and unprecedented interest rate cuts by the RBI seem to be yielding no results in the short term.
  • These are exceptional times and they call for exceptional measures. Indian government could take cue from the US Federal Reserve spent nearly 800 billion dollars to pre-empt an imminent economic meltdown in 2008.
The Indian economy is in a vicious downward spiral and the Modi government needs to stop worrying about the fiscal deficit & inflation etc and start pouring money into the economy to stimulate growth. They need to put money in people's pockets in every way they can. This appears to be the only way to get the jammed wheels of the economy moving again.


Tuesday, 8 October 2019

N.Ambika, DCP North, Mumbai - The real story

N.Ambika, DCP North, Mumbai

N Ambika was just 14 years old when she got married to one of the Police constable at Dindikal, Tamilnadu, even she was a victim of Child Marriage. But she didn’t blame the system for her marriage. At the age of 18 she blessed with a 2 daughters Aigan and Niharika.
Ambika’s husband works as a Police Constable in TN Government, one fine day he leaves his home early to attend a Parade program and the guest were followed by the IG and DG of the respective locality. Ambika was curious about the honouring and respect given for the DG and IG, and the same day when her husband arrives back home, she questions him about the DC and IG, when her husband says that he is the rank 1 officer for our department, a dream arises in the Ambika’s mind that even she wants to become that level of officer.
But Ambika was married at a very small age, she couldn’t even complete her SSLC, but her husband supports her dream, and advices her to take the external SSLC, later she even completes external PUC and Degree. She requests with her husband that she want to move to Chennai for the IPS coaching, can he make a arrangement of the PG facility, Ambika’s husband was very cooperative for all her works and he used to support her in all the ways. He makes a PG facility for her in Chennai and makes all other facility for her IPS Coaching.
Even after lot of efforts, Ambika fails to clear IPS in 3 attempts, her husband comes back to her and advise her that come back to his place and also says that government has given me know Accommodation facility and by the time I get retire even I will be having 2 stars on my shoulder.
Ambika listens patiently to her husband words and replies give me one-year time, if I wouldn’t pass, I will come back and after this much struggle at least i could work as a Teacher in some school. In the fourth Attempt, Ambika clears IPS prelims, Mains and Interview.
After clearing IPS in 2008, she gets into training provided by the Department, In training she was a Batchmet of Ravi D Chennanavar DCP Bangalore, he used to say about her in the camps, how attentive and brave she was in the training moment.
Ambika now works as a DCP North 4 division in Mumbai. If Ambika would blame her parents on that day for child marriage then she wouldn’t become DCP today. So instead of blaming the system or people, make an attempt to come outside of that system and try to change the system.
By this today Ambika has become a role model for many and there are many Ambika hidden who are reading this story, be brave and start the journey towards your destiny.

Tuesday, 24 September 2019

Climate action

You have stolen my dreams and my childhood. People are suffering, people are dying, entire ecosystems are collapsing. We are in the beginning of a mass extinction and all you can talk about is money and fairy tales of eternal economic growth. How dare you?
- Greta Thunberg at the UN on 23-Sep-2019. 

  • This is her best speech.  It captures the anxiety of a generation and those living on the front lines of famines, heat waves, droughts, and sea level rise.
  • They whispered to her, “you cannot withstand the storm”. She whispered back, “I am the storm”!  You go girl.
  • Why is Trump there? He doesn't believe in Climate Change. 
  • On 26-Nov-2018 asked about the findings in a report warning of devastating effects of climate change that unchecked global warming would wreak havoc on the US economy, US President Donald Trump said: "I don't believe it." 
  • I feel no need to meet President Trump. My message to President Trump is just listen to science, and he obviously doesn't do that. - Greta Thunberg
  • Pro-tip: Yielding to the demands of a catastrophizing 16 year-old who has no experience with unintended consequences is a bad idea. We are not beginning a mass extinction. Both mankind and nature can and will adapt to the modest increases in temps. Don't fall for the drama. - Doug Sheridan
  • We have taken planet stability for granted and our stable, reliable planet no longer exists. What we do in the next few years, will determine the next few thousand years. - David Attenborough. 
  • She is amazing. The only reason people can make fun of this statement is because they still feel safe and their bellies are full. In about 20 years nothing will be funny anymore. The older people will die but millennial's have the possibility of horror.
  • Greta has done more in 16 years to raise climate awareness than you or I have in our lifetime.
  • Rich people will be ok. Poor people will not.
  • We have to look for a solution, because she is right - people are dying and ultimately the planet will die if we don’t do something fast.
  • The earth will fix itself by killing off as many humans as it can. That’s the only way balance will be restored.
  • Everyone, can fight, climate change every day,  just by making the right choice of food.
  • No one is willing to live without modern luxury and necessities to deal with it.

Tuesday, 10 September 2019

Financially supporting adult children

It is not uncommon in India for adult children to live with parents. There is both convenience and complaint about this practice. In the west, independence at the age of 18 was the norm. But parental financial support to adult children even in these societies is common. Parents may pay off education loans of grown-up children; fund a holiday or a birthday party; take on payment of bills, EMIs and insurance; bail out credit card dues and defaulted loans; volunteer down payment for the house or car; offer a monthly allowance; or subsidize health costs. Growing up is about making choices and facing the consequences of those choices. What drives parents to continue to support adult children who should be responsible for their own lives? By offering to “help”, parents actively impede their adult children from being responsible for their own actions. There can be serious consequences.
  • Parents could be jeopardizing their finances by enabling adult children. They may be putting their health and retirement at risk; liquidating their assets at unfair valuations; unevenly dividing their wealth or compromising on goals. Financially supporting a grown-up child while imperiling one’s future is not wise.
  • Child centric family structures make parents believe they exist for the well-being of their children and therefore, have do what it takes. 
  • The earlier primitive societies were driven by the basic instinct to reproduce and further the species.
  • The modern society has made a child a completely emotion-driven cohesive family unit; the craving for being loved, needed and validated; the compulsions of succeeding and doing better than one’s cohorts; and the burden it places on parents to hold themselves responsible for their child’s success, happiness and progress in life.
  • This obsession has triggered a generation of helicopter parents who have to know and solve every one of their children’s problems, shielding them from the adverse consequences all their lives. Even if these arose from conscious choices the adult child willingly made.
  • Think about politicians and business people who accumulate wealth for many future generations. There are children who do not take their adult lives seriously, making careless choices, blaming everyone but themselves for their situation.
  • It is tough to see merit in this system of extended subsidy. What can parents and children do to keep the financial transactions sane and sensible? It is important for both parents to agree that they need to limit their support to children. Financial support that is finite, measured and clearly defined is less burdensome on the provider. Do not get into arrangements that are tough to discontinue. 
Reinforce the power you wield on your assets and money that you have earned and you have the right to spend it in a manner you see fit. You may want to give it away in charity; create a fund for your grandchildren’s future rather than let your children spend it; you may need it for your own retirement and use. You have to express these needs clearly to prioritize how to use your money. Whenever an adult child asks for a favor the standard answer should be: “let me think about it and come back to you.” Do not force yourself to agree immediately. Buying time will reduce the burden and provide the space to say no if you have to. 


Monday, 9 September 2019

Donate money to charities, not to beggars

We all want people to work, not beg. Working is productive; begging is at best neutral and often a burden and a nuisance. There is no guarantee that the beggar who receives the money will spend it in ways that increase the quality of his life. He might well spend the money on alcohol or drugs.
  • Few coins that we give to a beggar, doesn't make begging a lucrative activity and promotes laziness.
  • Giving money to beggars, you are helping the wrong people.
  • Think in social context: if I don’t help the beggar, who will? 
  • You are likely to give your money to the beggars who already get the most from other givers. Like everyone else, you are also likely to give the most money to the ones with the locations, looks, and tricks that prompt people to give.
  • If you give money to beggars on impulse, chances are that you end up giving to wrong people but not to the poor men and women whose appearances have less power to elicit sympathy and guilt in passers by and who occupy less favorable spots in the city.
  • The vast majority of beggars living in the developed world have a quality of life that millions in the developing world can only dream of. 
  • If our aim is to benefit ourselves, then giving money to beggars is sub optimal. If our aim is to benefit others, then giving money to beggars is also sub optimal. Either way, giving money to beggars is wasteful.
In seeking to help others, we should not merely give to those who are geographically close to us and whose appearance elicits our sympathy. Rather, we should give to those who are the worst off, who can be helped the most, and who are the least responsible for the situation that they’re in. To achieve this, we should (i) consciously decide how much of our money we are willing to spend on helping others, (ii) find the most efficient charity, (iii) donate money to that charity, and (iv) say no the next time a beggar asks if we can spare a dime.

Aid should go where it will help most.

Beggars are very unfortunate lot deprived of wealth, health, nutritious food, shelter, clothes, education and almost everything we are blessed with. Expecting from the beggars things which we and our friends doesn't follow in day to day living is height of hypocrisy and speaks poorly about our empathetic abilities. Dropping coin into the beggar's bowl and expecting divine results is stupidity. Dropping few coins in beggars bowl neither makes receiver rich nor impoverishes the giver. Hence dropping coin in beggars bowl must not be analysed too much. Just give and forget. By dropping few coins, we are not doing any great thing or any reason for the beggar to be grateful. Beggars have no right to create any kind of public nuisance.