The Un-just Society

We Indians, since our early childhoods, are taught the greatness of our ancient civilization and splendour of our glorious past. This harking back to some sort of a golden era has of late been substituted by longing for a here-and-now greatness in the new millennium. Buoyed by the economic growth in the last two decades due to the twin factors of free market capitalism and global outsourcing, there has been a pervasive feel good factor in the educated middle class and the urban elite who account for close to thirty percent of our population. These sections of our society have genuinely benefited by this new prosperity and have gone out to claim some visibility at the world stage. The longing for this instant greatness is a result of this increased visibility.

However, large sections of our society still remain outside this circle of beneficiaries and social and economic inequities continue to be on the rise. Statistics as well as experience suggest that millions of Indians continue to struggle even for two square meals a day, leaving aside the other human development parameters such health, education and sanitation etc. Political and human rights of vulnerable sections such as tribals, minorities, landless and migrants are under continues threat. Regional, linguistic, ethnic and communal tensions keep undermining the authority of the state from outside whereas the chronic corruption in the state institutions keeps chewing on its innards from within. These inequities impose a harsh reality check on the idea of this instant greatness.

The bigger impediment, however, comes from the state of justice in our country which is a vital test of greatness of any civilization. The idea of justice in simple terms, not even incorporating the bigger ideas of equity and fairness, is the state and its institutions’ response to the crimes committed against people, within its territorial jurisdiction under the laws of the land. This is where the biggest failure of modern Indian state lies and even our exotic and glorious past does not offer any great examples of justice being delivered. The pre-imminence of the idea of ‘kutniti’ literally translated as ‘delicate policies’ but fundamentally referring to decision-making keeping in mind larger political and other interests has made the delivery of ‘nyaya’ or justice extremely difficult. This is ‘kutniti’ that condones expulsion of Sita on account of gossip, decapitation of Eklavya in an attempt to kill competition, condemnation of humans through a birth-based caste system, annihilation of counter currents such as Buddhism and Jainism and execution of Sikh Gurus in the name of quelling rebellion. These instances of subversion of justice apparently influenced by the idea of ‘kutniti', do not stop with the redefinition of the idea of India as a modern secular democratic nation state after independence from the British.

In spite of having one of the most comprehensive constitutions in the World, the deliverance of justice remains one of the most elusive goals of the Indian state. The inherent flaws in the criminal-justice system often result in the criminal roaming scot-free and the innocent rotting in the prison waiting indefinitely for their cases to be heard. The ‘kutniti’ in the modern India demands that crimes committed in communal conflagrations be treated as ‘collective crimes’ and the planners, instigators and executioners of the heinous acts against the people of India keep enjoying political immunity and protection. The corporate honchos responsible for criminal negligence leading to death and destitution are openly shielded in the name of investor confidence. Land grabs and massive displacement of people are allowed to happen in the name of development and people are made strangers in their only lands as their sources of livelihood and ways of life are snatched away. Any attempt at peaceful protest is brutally oppressed and alternative voices are systematically silenced by the all pervasive machinery of the state. The rich and powerful easily get away with serious crimes such as murder, rape, fraud, drugs and corruption. The scales of justice are heavily skewed by the balance of power between victim and the accused. Even in the cases where sentenced are delivered, it is generally the case of too little, too late. In high profile incidents, the apex court of the land makes occasional observations which usually have some immediate impact but hardly ever lead to a meaningful and timely conclusion. Most of these outcomes are a result of letting ‘kutniti’ dictate terms in the matters where ‘nyaya’ should have been given priority

The constant denial of justice to so many of the aggrieved souls has severely dented people’s confidence in the criminal justice system in this country. This is leading to alienation and fissures within the society which is often reflected in the violent movements and incidents throughout the length and breadth of the nation. There is hardly any space for a non-violent resistance and way for any meaningful dialogue has long been stifled. In this context where justice is not perceived being done, any claim of instant civilizational greatness sounds immature and superficial. Even in the scenario, where greatness is measured in terms of economic prosperity we are far well off the mark. It will be a great service to this nation and also a great help to the cause of our future greatness, if we focus our energies to help mitigate the inequities and injustices inherent in our systems. This does not seem plausible till the time ‘nyaya’ becomes cornerstone of the criminal justice system rather than ‘kutniti’.

Zakhm bhartay bhi nahiN

Zakhm bhartay bhi nahiN nayay zakhm laga deta hai
Jaanay kyooN woh dabay sholoN ko hawaa deta hai

Mera qatil hi yehaaN mulzim bhi hai munsif bhi hai
Zulm badhta hai to bas adl ki meezan jhuka deta jai

Kitna ghamkhwar hai qaid mera, hai kitna ghani
Chheen kar meri zameeN, mujhko amaaN deta hai

Naam mera sar-e-mahfil jab se liya hai usnay
Sang har shakhs yuNhi mujh pe utha deta hai

Jab se waaiz ne sanbhaali hai hukoomat ki kamaaN
Roz ek hukm nayaa ham ko suna deta hai

Woh haseeN shahr jo tahzeeb ka maskan tha kabhi
Chashm-e-pur-khooN se ab ashk baha deta hai

Bas ye ek paikar-e-khaki, zaalim hai kabhi mazloom kabhi
Waqt jaanay kisi kab kaisa banaa deta hai

Hai azal se yehi dastoor ke baaghee ko jehaa.n
Takhta-e-daar kabhi to kabhi shaahi quba deta hai

Glossary
Zakhm: wounds, sholo.n: flames

Qatil: murderer, mulzim: accused, munsif: judge, adl ki meezaan: balance of justice

Ghamkhwaar: compassionate, qaid: leader, ghani: self sufficient, zamee.n: land, amaa.n: shleter

Sar-e-maqtal: in the abattoir, sang: stones, shakhs: person

Waaiz: preacher, hukoomat: government, nezaam: administration, hukm: decree

Hasee.n shahr: beautiful city, tahzeeb ka maskan: abode of culture, chashm-e-pur-khoo.n: blood filled eyes, ashk: tears

Paikar-e-khaki: earthling, zaalim: cruel, mazloom: victim

Azal: beginning of Time, dastoor: norm, baghee: rebel, jehaa.n: world, takhta-e-daar; gallows, shahi quba: royal robe

How free is the Freewill?

Baal Bazaa.n ra su-e-sultaa.n barad
Baal Zaaghaa.n ra ba goristaa.n barad

Wings bring a hawk to Kings;
Wings bring a crow to the grave.

Rumi

The toss-up between the free will and the determination has baffled thinking men since the time immemorial. Simplifying the conundrum it comes down to whether all our actions are pre-determined or acts of our own free will. In the first instance if it is all determined then we don’t have to worry about being accountable for our actions; good, bad or ugly as we don’t have any control over it and hence no risks and rewards could be associated with our actions. On a fundamental level it takes away any incentive to do good because one will do good if one is supposed to. On the other hand if it is all act of our own freewill then why many of us against our strongest desires and despite our best efforts remain stuck with profane lives, superficial jobs, indifferent peers and uninspiring leaders. This makes an aggrieved party completely responsible for its grievance because this is what he has brought on himself by his own free will. Strict adherence to any of these seems to be a losing proposition.

This whole journey of life seems to be a late night train trip, say, from Delhi to Aligarh wherein you know the origin and destination and have some recollection of the stations in between but have no particular memory of the vast fields and landscapes in between. The train is also a typical Indian train which can stop in the middle of nowhere in between without any prior notice. The compartments are all lit well but there is a pitch dark outside. You can move within the train from one end to another, talk to fellow passengers, drink tea, read a book, listen to music, doze off , visit the toilet or just stare in the darkness. There is enough manoeuvrability allowed within the compartment and you are accountable for all your acts in here. That is the freewill. However, you have no idea of your exact location as the train is moving through the darkness and if stops somewhere in between you can’t do anything and have to patiently wait. If a stray cow hits the train or the winter fog thickens or the engines fail, you have no control over it. That is determination. This analogy to an extent supports the assertion that we have free will for a certain set of activities and specific spheres in our lives and hence are accountable for the corresponding acts. On the other hand there are larger events to which these activities belong on which we have no control and hence are not accountable for those acts.

This is a like the proverbial rope which each one of us are supposed to be holding. All of us have our own designated lengths of the rope and are allowed to manoeuvre within that. Beyond the designated length there is no flexibility to manoeuvre. However there are also times when you have exhausted the designated rope, another rope begins for you to manoeuvre. Yet, you are still clueless between the ropes. To conclude, I strongly feel there is a free will that makes us accountable for our actions, but the larger context in which we live is determined.

Why COP15 is a Classic Cop Out

Let’s say Good Bye to common humanity. It is only good to be used in Nobel speeches. Its presence is not auspicious at the time of deal making. For negotiating a deal all you need to know is your national interests and the arm twisting powers you have at your disposal in the so called comity of nations.

Developed nations will play ‘accountability card’, developing ‘growth card’ and the under-developed ‘victim card’. No real solution will emerge amidst this card playing and only a compromise will be reached and the climate will be damned as it has always been. Some half-baked draft will be presented and agreed upon in haste to show some achievement.

Leaders of the individual nations, who otherwise want to be called world leaders, will go home satisfied that they did not sell out their national interests and were yet able to achieve a compromise. The beaurocratic paraphernalia will be content with attending a summit of global importance. Protesters will protest as usual for a few days. Newspapers will publish editorials denouncing the resolution. Electronic media will do usual song and dance routine with experts debating on the existential crisis. Filmmakers will make films showing disturbing images of melting glaciers and wandering polar bear and hopefully win some awards. Green solutions will keep on being developed. Carbon foot-prints will go on being reported. Factories will keep billowing smoke, vehicles will keep guzzling gas and man will keep searching comfort and luxury through reasonable usage of electricity. Kyoto will be dead and buried for good. Good riddance!

Nobody should take any responsibility and still have a piece of the cake and that is called a classic cop out.