Showing posts with label rights. Show all posts
Showing posts with label rights. Show all posts

Saturday, August 27, 2011

On Parliamentary Despotism & the Rise of Democratic Oligarchy

Complacence of the Indian Polity has led to the Rise of a Democratic Oligarchy and has resulted in Parliamentary Despotism. Our elected no longer represent the electorate's interests, primarily due to the electorate's self-induced slumber. However, when the spell of this slumber is broken a stalemate is reached; where the "representatives" do not want to yield to the political supremacy of the Polity, refuse to work in the interest of the People, but merely find it their duty to continue their control of the State, wield their powers without paying heed to the purpose of its grant. The disturbing fallacy then results and eclipses the bright sun of democracy where the means to the end become the end unto themselves. The Electorate on the other hand of such a stalemate seeks accountability, compliance and a return to the call of duties of the State.

History teaches us the drastic fall outs of such stalemates - The American Revolution (primarily a fight against virtual representation, the "No Tax Without Representation" Slogan) and the Indian Struggle for Independence (Purna Swaraj - complete self rule), both bringing about a re-institution of the Grundnorm (narrowly construed as a nation's Constitution).

The current Political Stalemate has now forced us to consider our options, whether to re-institute the Grundnorm, that has served us so well during the era of judicial activism, or retain this archaic machinery only to be reoiled with enactments that bring about transparency, accountability and honesty and weed out corrupt grime that has made the running of this leviathan politically, socially, and economically inefficient.


Saturday, April 16, 2011

Four and a half Months & Change ...

A lot has happened since I last wrote. It has been 4 and a half months. Civil societies around the world have risen against something or another fueled by Wikileaks, an organization that is not a non-profit, nay a NGOs but a hand-to-mouth whistle blower, the sole Kaiser of which just sold himself, actually his autobiography, for securing running costs for the organization. "Truth in the face of total annihilation" is something that has caught up faster than the Beatles.

Where does this "nothing to lose" attitude spawn from? One would ask! Ask the student who is demanded a capitation fee from the university or college he just got through on his own merit standing at Jantar Mantar, the litigant whose writ petition has been rejected just because the judge's children study in the college or university he had hauled under the Indian Constitution for breaching his fundamental rights, the honest private sector employee who refused to bribe government officials to secure a tender, or the fourth standard student who missed the highest grade just because another child's mother was the teacher's kitty socialite.


Machinery runs in accordance with the Type and Quality of Lubricant:

Responsibility is the heaviest upon Law Firms, CA Firms, Investment Bankers, Audit Firms, and the like, to become CLEAN & CORRUPTION FREE. They are the most influential upon political & bureaucratic corruption!!!

All of us who work at such places can begin by (non-)co-operation with our employers/firms towards this goal, COLLECTIVELY.



Our Foe, Our Intelligentsia:

M.K. Gandhi's non-cooperation would be met with non-cooperation from the Indian masses in today's India, as we have evolved into a thinking not doing society!!!

After the freedom struggle was over, Gandhi called for INC to be dissolved as its work was done. He proposed "a village as a unit of economy" model for growth, what Anna has done at Ralegan Siddhi. Gandhian principles were never crystallized, even by the Man. He used political structure to meet the ends of realization of Truth & Morality. Reverse logic would be as much un-Gandhian as asking for Anna's blood by the Indian intelligentsia, the same people who have allowed Truth to be subverted and Morality to decay, just so they could engage in discourse so slow that the lethargic bureaucrats acted faster and passed them by, each time they open their mouth to brain-storm. For Gandhi, Truth & Non-violence were the ends, such ends to the achievement of which he would strive and use various techniques ... yet he never crystallized his theories for guiding people that would come after him. Truth & Non-violence were the basic social, political and economic building blocks for Gandhi, that would create a fair, just and civil society - this is all he did crystallize. Gandhi's successors have to merely keep the truth & non-violence in mind, and do what is necessary to achieve a fair, just and civil society through political action.

This said, I personally feel partisan politics, just as it has done disservice to Obama's plans (some noble, others radical, yet required) is equally harmful for India as it misplaces loyalties of a politician, that should lie only with the interest of the electorate, not with that of the party, as the latter is nothing but a vehicle to be readily discarded when hard decisions of national and public interest have to be made. However, here in India, post Gandhi, the vehicle has become its very own self serving end, at the cost of the real end it seeks to achieve!!!

It is an irrefutable truth that Civil Disobedience got us our freedom ... now when its time to reinforce our freedom from corruption, we start questioning civil disobedience in the face of our very elected governments becoming unscrupulous & the legal checks collapsing under the weight of its own decadence!!! Guess we did not deserve any freedom in the first place! Civil Disobedience is nothing but a form of respectful disagreement after all. How can it be bad?


Anti-Corruption: An Attitude that Needs Sacrifices

Corruption can not be weeded out by laws, but by change in human nature and attitudes. Creation of more and more institutions just burdens the exchequer and the tax payer. It results in no real world benefit. The Consumer Protection Act, the Competition Commission, Maintenance and Welfare of Parents and Senior Citizens Act, 2007, SC/ST Commission, Food Adulteration Act (now the FSSA), TRAI, SEBI, etc. are mere double edged swords like the institution of democracy itself. The rich and the powerful have and always will control the destinies of others unless the others collectively change their attitudes. We as middle class citizens never think twice when bribing our way out of a traffic challan, a driving license test, an Income Tax notice, or for that matter we as lawyers bribe in the name of securing our client's interest in courts, tribunals, PTOs, consumer fora, etc. We should start taking responsibility of our actions and should also begin to consider the spiral effects of those very actions in the context of the larger good.

It is only we who can stop this spiral effect, that shall in time reflect in the type of legislators we choose. However, today people actually find out about their NETAS, how they might be related/connected to the politician and how can he make their problems go away, by hook or by crook.
This is the democracy we live in. It is not what our Constitution envisaged and if it did the words of the American Constitution should remind us:

"But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and provide new Guards for their future security." -- The Declaration of Independence (July 4, 1776).

A Democratic setup of the so called "checks and balances" is for an orderly society and not the other way around. When governmental despotism sets in, even in a democratic setup, the very fabric of the Grundnorm needs to be rethought and rebuilt. Symbolic gestures such as that organized by Anna Hazare at least challenge the monolithic foe of corruption that we have perpetrated. M.K. Gandhi too questioned the very norm that governed us, rather than working within the British Legal Setup for India/Indians. Changes sometimes come by working within the box and sometimes out of the box. The latter is warranted when the very premise of such a box has become decadent and ceases to serve the ends it was supposed to meet and begins to serve its very own existence.

I have always maintained the view that it is always better to be ruled by a virtuous monarch, a true leader that people are inspired by and look up to, rather than being driven like cattle by a bunch of incompetent, directionless, selfish, squabbling, parochial, regionalistic, buffoons. People that support the latter view are nothing but opportunistic vultures at a carcass party, the carcass being the interest of the people of India.


The Nature of Good & Evil:

My experience has hardened my belief that Evil by its very nature is efficient and precise, driven by an iron-handed command; BUT Good is weak and democratic, always trying to incorporate varied interests and thus breeds non-compliance and dissent. For instance, in Libya, Kuwait and Iraq Human Rights was a Trojan horse to diminish the Truth. It is then, that those human rights asserted at that instance, are not worth the humans who deserve it, as nothing based on lies is long lasting, not even justice.

After all, it was Chanakya who replaced the Democratic Janpada System, that was ridden with corruption, by a Virtuous & Just King, a leader to lead the people against Evil doings. I thus believe that it is sometimes imperative for the sword to dictate Good when Evil is organized.




Saturday, January 1, 2011

Blackest Berry in the basket ...

The New Year begins with us staring down the abyss over the tip of the privacy iceberg. Once RIM allows GOI an all-access-pass, it shall crusade through all other operators across 3G, 2G, WiMAX, broadband, and all conceivable communications technologies in the name of terrorism. Unbridled power creates despotic ramifications that would be very hard to handle by the end consumer. Our Constitutional existence shall be put aside for the Pentagon way of life.







References:

BlackBerry denies India email access deal as struggle continues

India This Evening: BlackBerry Says India Can't Access Encrypted Data





Wednesday, December 15, 2010

If Open can be OPEN, then Closed can be OPEN too!!!

Government infiltration into all areas of human life in the name of security is nothing but reenactment of Enemy of the State (1998) and Eagle Eye (2008). Actually how safe are we? Radia tapes being leaked, wire tapping of phone calls, and mapping Internet usage patterns are things that we do not want. For the people, by the People and of the People is being stretched too far in today's democratic setup. Did we actually sign up for all this. Or is it just an Oligarchy reasserting control over our lives behind the facade of an elected government.

If such is the fate of open source software, I am sure that closed code software might have sold out to government pressure long long time ago.



References:

FBI-planted Backdoors In OpenBSD; Developers Start Code Audits

FBI accused of planting backdoor in OpenBSD IPSEC stack

Storm over OpenBSD back door







Wednesday, August 11, 2010

Re-Create a New Internet ...

Create an extreme so that the obvious becomes relevant and important. The Google-Verizon deal did just that for net neutrality. Polarization was the only way oblivious Internet users could be awoken from their dream that all is now no more well. Governments in the name of net neutrality want complete control of what we do, and so do private corporations, with or without their cartels.

The NEED to create a parallel Internet, like most parallel economies, never had a more compelling argument like the Google-Verizon debate has sparked off!!!



References:







Wednesday, July 28, 2010

Jail House Break!!!

The DMCA does not crack down as expected, but Apple has surely been bitten by the Copyright Board ruling on Cellphones, both for adding unapproved software installation as well as untethering of phones to run with all operators. Let the free market rule, without any anti-competitive measures forcing the consumer, who has ownership rights over his phone, to give-up his usufructory rights. Sadly of course, violation of contractual terms, thereby voiding of warranty, has not been held as a conscionable violation, merely the DMCA Copyright violation has been waived, so to speak!!!





References:

DMCA ruling supports smartphone jailbreaking, unlocking

Copyright Office OKs iPhone 'Jailbreaking'

Jailbreaking the iPhone: Not a Federal Offense

iPhone Jailbreaking: Legal, but Dangerous

Monday, July 26, 2010

Irony of Freedom of Information vs. Democracy!!!

By the People, For the people, yet not telling the people!!! Never has it been so drastic with the WWW as a medium of truth.

As rightly pointed out in the opening credits of The Clone Wars Series: Truth enlightens the mind, but won't always bring happiness to your heart ...

Wednesday, July 14, 2010

Employee Control Autocracy!!!

Instead of addressing the real issues of employee satisfaction, now autocratic corporate empires enforce curtailment of individual freedom even outside the realm of employment!!! This not only raises issues of defamation as a civil wrong and crime but also of freedom of speech in the context of self-expression of justified employment angst in a world that socializes more virtually than in-person. Defining the thin line between defamation, and honest friend-circle criticism based upon personal individualistic experience is a slippery slope that at least corporate autocrats have no business defining.





References:

Infosys issuing social media dos & don'ts

Infosys to roll out social media policy for employees

No Bitching about Company, Colleagues on Facebook!










Friday, May 21, 2010

Employee Control sees new Depth!!!

I have always wondered whether this would stop at an extreme point on the scale from 1 to 10; but always find that Employee Control redefines the 10th limit each time, to push it further into the 11th, 12th and 13th degree of absolutism and insanity. The only thing that could be said here is ... "GET A LIFE, you freaking controller of lives"!!!





Reference:

Is playable Pac-Man getting Google's home page banned?




Monday, March 29, 2010

Neutral Ground disturbed ...

Net Neutrality is something that has never been enacted upon and is the classic example of Social Practice as a law unto itself. However, Airtel has sadly tilted the balance for the first time in a country where, as it is, this principle is not only unheard of, but also uncared for!!!



References:

Airtel Ad on Youtube Taints Google's Net Neutrality Efforts


YouTube Caught in Net Neutrality Flap in India






Saturday, February 20, 2010

Enforcing freedom ... to be free

One of the major landmark settlements and probably a de facto precedent, the enforcement of a dream seems to be coming true. Law is now being used to free the once constrained and fettered premises that law itself imposed!!!



References:

A Big Victory for F/OSS: Jacobsen v. Katzer is Settled

Settlement in benchmark case means FOSS licenses can be enforced





Tuesday, January 12, 2010

Copyleft Extreme !!!

Copyleft was the anti-thesis to Copyright giving birth to the Open Source Movement, but now there is a new anti-thesis to Copyleft, thus creating propriety redundancy!!!


Reference:

The Unlicense: A License for No License








Wednesday, December 23, 2009

Thursday, October 1, 2009

Existentialist Futility!!!

Why bother about water in Moon, is there a water pipeline planned from there; are we now going to run it dry!? Futility of our civilizational efforts is all around us when all we need is a joint effort to eradicate the earth of more important things as hunger, thirst, inequality, pollution, oceanic submersion & the like.




References:

NASA Wants to Mine Moon Water

Porsche launches Panamera in India

Samsung India bets big on touch screen mobiles

Upcoming Bugatti Galibier 16C to carry a price tag of $1.44 million

Ape Man? Researchers Spot Legendary Orang Pendek in Sumatra




Sunday, August 2, 2009

If a spade can dig, so can a shovel, if the soil is loose and unsettled ...

The Agricultural Produce Market Committees are marketing boards established by the state governments of India to facilitate farmers to sell their produce to the APMC and get a reasonable price for it. However, due to middlemen creeping in, the system has become so profiteering that the ultimate price to the end consumers is more than 100% of the price of procurement from the farmers!!! It is also illegal to circumvent an APMC under state law. But due to political reasons, the Shiv Sena has shown that circumventing the system can enable them to sell agro-produce to the end consumer at 1/2 the retail market rates, without affecting the agro-procurement prices or the nominal profit margins.

This development poses a very interesting intersection of law, politics, consumer interest, constitutional duties of governments and above all the duty to serve by upholding justice (that may or may not include upholding the law!!!).

As it has been rightly said, Law is merely a tool, if its breaking serves the purpose, so be it.




References:

Eyeing vote gain, Shiv Sena sells veggies at no-profit-no-loss rates

Sena members stage protest against price rise





Saturday, July 25, 2009

Is it not scary?! ...

I'm gonna be
Exactly what you wanna see
It's you whose haunting me
Your warning me
To be the stranger
In your life

Am I amusing you
Or just confusing you
Am I the beast
You visualized
And if you wanna to see
Eccentricalities
I'll be grotesque
Before your eyes

Let them all materialize

Is that scary for you baby
Am I scary for you oh
Is it scary for you baby
Is it scary for you

You know the stranger is you
Is it scary for you baby

Is It Scary?, Michael Jackson, Blood On The Dance Floor (1997)


A few words, true to the situation at hand. There is so much to talk about and think about after the brave Delhi High Court decision in NAZ Foundation that people even from humble backgrounds are taking bolder steps to step up to what they really prefer and want. Is it not scary for the traditionalist-moral godfathers who have kept things under wraps and ruled their communities with iron hands to see their fiefdom swiftly slip away?





Reference:

Married woman marries her 'girlfriend' in west UP







Sunday, July 12, 2009

They don't care about him ... only his economic stimulus!!!

Economic stimulus at a time when the world economy is sagging!!! Success is the right thing at the right time. BUT at the cost of the loss of a wonderful entertainer, who inspired a whole generation. Where are such entertainers who are role models of the masses. Let alone entertainers, we have also no politicians, no leaders, no individuals ... NO HEROES to guide the generations to come. Seems we are doomed to our selfish fate of mediocrity, uncreativity and decadence. Our generation is anything but BRAVE ...




References:

Jackson money-making machine set to keep on rolling even after his ...


Michael Jackson's death certificate for sale


Michael Jackson's record sales now exceed those

Monday, July 6, 2009

Cart before the horse = natural before unnatural!!!

All that is now needed is a probe into our bedrooms. The irony is that by stating that the law has no business in our bedrooms, it has further sanctioned legal peeping by not clarifying whether age of consent for all the 3 types of sexual acts is the same or is different. In case they are different, we all know that legal intervention is unwarranted and such differentiation is useless and humanly impossible to adhere to. Thus the only way to go about it is to have an age parity. OR ELSE start assuming that people get more "perverse" after 18 years of age and only thereafter indulge in the formerly "unnatural" sexual acts.




Reference:

Now, confusion over age of consent






Tuesday, June 2, 2009

tuh-mey-toh (tomato) or tuh-mah-toh (tomato): Racisim or Not is the question!!!???

It seems that intolerance to difference is the bread and butter of the West and Caucasian Southern Hemisphere. Australian cops state that "Indian community members here point out that some Indian students do not behave properly in public places, especially in trains and market places. They play loud music and speak loudly on the phone in public transport, some can hardly converse in English and many choose to just stick to people from their own region."

In what civilized world does such behavior warrant assault on a particular community. Singapore does levy fines for public nuisance, a rational and civilized way to regulate public space (hence the name, "fine country"). Uniformity if pursued so vociferously would then leave us no different from the Islamic fundamentalists, the Hindu fundamentalists, and the like!!!




References:

Indians are not the only ones attacked in Australia: Cops