Friday, July 30, 2010

Why I Hate Lawyers...

Why I Hate Lawyers…. I am pained to reveal that in my opinion the Indian Judicial System is no longer as ethical as it used to be during my ancestor's times. The image of the Judiciary has been tarnished with countless allegations of corruption.


Experience has shown that even under the best forms of government those entrusted with power have in time and by slow operations, perverted it into tyranny. The sheer number of pending cases languishing in the Indian Judicial System gives enough reason to believe that corruption is rampant in the system. We have adjournments and inefficiencies which are perfect environment for middle-men to step in.


Our Judicial System is given to procrastinations, is highly exorbitant and beyond the reach of the common man, who finds it difficult to seek redress. He is at his wits end to have hard cash to oil the wheels of the system. You can fool all the people some of the time, and some of the people all the time, BUT you cannot fool all the people all the time. Right?


If people are good only because they fear punishment and hope for reward, then I must say that we are a sorry lot indeed! In matters of truth and justice, there is no difference between large and small problems, for issues concerning the treatment of people are all the same. There are cases where the accused were powerful enough to subvert justice. The manner in which these cases are handled is a blot on our investigating and judicial agencies. Those who commit crimes have repeatedly and audaciously used their influence and political clout to subvert justice.


Crimes against women in India are rising faster than any other crime. What is degenerating is that investigation of anti-women offenders is more protracted than most others. These cases of crime against women are never in the priority list of any investigating agencies. Delayed investigation and justice, not only frustrates the victim but also provides an opportunity to the accused to use his clout in influencing the investigation. Nothing is more destructive of respect for the government and the law of the land than passing laws which cannot be enforced.


Citing an example, "JUSTICE ELUDES A WIDOW FOR 38 YEARS ( The Times Of India, 02/01/2010). Lalitha Devi kept running from pillar to post for getting her family pension and other benefits due to her after her husband's death. She had even petitioned the Ex-President APJ Abdul Kalam and the Prime Minister, but to no avail. She was turned away on some pretext or the other. The common man begins to lose the meaning in life when he has nothing to survive on. It is a bad society that forces a woman to go from door to door for Justice. The victim is harassed instead of the accused. No one is accountable to anybody. Judges are happy adjourning the cases even when cases are waiting for judgment orders.


Contempt of Court is invoked when someone acts in a way that scandalizes the authority or lowers the dignity of a Court or interferes in the due course of a Judicial Proceeding or in the administration of Justice. Whoever is careless with the truth in small matters cannot be trusted with important matters.


Lawyers are like rhinoceroses that are thick-skinned, short sighted and are always ready to charge. It is their profession to disguise matters at all levels. The trouble with the legal profession is that 98% of its members give the rest a bad name. The trouble with the laws these days is that criminals know their rights better than their wrongs.


What is beyond my understanding is that the Bar Associations do not act against corrupt members! Why cannot a proper code of conduct be followed by the lawyers? We should have a public body that can keep an eye on the Judicial System and a Third eye exclusively on corrupt lawyers. It should be made mandatory that corrupt lawyers will have no place in the system.


The need to be incorruptible and maintain the moral integrity of the institution should be highly emphasized. This is fundamental to sustain the people's trust in the judiciary. Should the institution be corrupt, the common man will become cynical which in turn, will jeopardize the social order.


My Case has been grounded for more than a decade, waiting for the judgment order. Judges come and go on transfers like its a picnic for them. Each trip to the Court has impoverished me further. If the laws could speak for themselves, they would complain of lawyers in the first place. Our laws don't give our criminals much punishment, but they sure give them plenty of publicity.


The vices of the rich and great are mistaken for error; and those of the poor and lowly for crimes. The houses of lawyers are roofed with the skins of litigants.


An example of lawyers being corrupt: (The Times Of India, 8th July, 2010). A lawyer was arrested by officials of the Special Operation Wing of the Pune Crime Branch for allegedly forging government documents and fake stamps. So, how must the common man react when he places his entire trust, confidence and his life in the hands of his lawyer?


Being a citizen of a country like India which has vast patience and a high degree of tolerance for any difficult conditions that I face daily, I have all my dreams shattered due to the lack of inaction on the part of the bureaucracy. We have all the bigwigs in the government ensuring that their names and images remain untarnished, when they very well know that it is their responsibility and because they feed in the corrupt and oppressive political systems, we have so many cases of red-tapeism in every nook and corner.


I am least concerned with what my lawyer tells me I may do; but what humanity, reason and Justice tells me I ought to do. Our government teaches the whole people by it's example. If the government becomes the law-breaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.


People involved in corruption think that they can walk away free and no one can put them on trial, simply because they think that they are above the law in all respects. There is definitely a nexus between the corrupt members of Judiciary, the government and the powerful and influential sections of society who contrive to make gains for themselves. It is disheartening to state that there is a constant erosion of ethics in the Judicial System.


The common man is reduced to thinking in a manner as to, "How can the Judiciary remain honest when the people coming into it hail from the same society, which has it's existence on the grounds of corruption?"


As quoted by Robert Ingersoll, "Every crime is born of necessity. If you want less crime, you must change the conditions. Poverty makes crime. Want, Rags, Crusts, Misfortune - all these awake the weird beast in a man, and finally he takes and takes contrary to law, and becomes a criminal. And what do you do with him? You punish him. Why not punish a man for having consumption? The time will come when you will see that, that is just as logical. What do you do with the criminal? You send him to the Penitentiary. Is he made better? WORSE! The first thing you do is to try to trample out his manhood, by putting an indignity upon him. You mark him. You put him in stripes. At night you put him in darkness. His feeling for revenge grows. You make a wild beast of him and he comes out of that place branded in body and soul, and then you won't let him reform if he wants to."


The leading rule for the lawyer, as for the man of every other calling, is diligence. Leave nothing for tomorrow, which can be done to-day. Unfortunately, our Judicial System does not work that way. They love accumulating Cases for decades. How often have I come across people advising me, "If you don't get a lawyer who knows law then get the one who knows the Judge."


Thursday, July 29, 2010

Caring For The Elderly

CARING FOR THE ELDERLY






Caring for the elderly has many aspects and is very often fervently abstruse for the person who looks after them. It requires that amnesty be offered whole-heartedly and all past painful memories be dealt with empathy and diplomacy, akin to handling an infant's emotional needs. Here what counts is the provision for quality care.

Caring often involves providing a home with warmth and security, helping in handling the financial responsibilities, dealing with mental health related to aging such as dementia, meet their socialization needs, and help in making the right decisions with honesty and integrity.

How do I shoulder these responsibilities that are ever so prodigious? I care for my mother who is pretty old physically but very young at heart and in mind, without a single break, knowing that it is very tedious and that sometime I too need a break from the heavy demands.

So, I rely on the Almighty for cogency. I pray hard to get through each day and take life one day at a time. I do not know what tomorrow has in store for me! Praying gives me some measure of comfort. My prayer is to ask the good Lord to guide me in ways to keep my mother as comfortable as possible as even now at this ripe age she is very fussy about practically everything under the sun.

For breakfast if dosas are served ( Pan-cakes), the crisp smell finds her asking for three dosas to be served, but she ends up eating only two. Normally we don't have a third helping, so it is always me at the end having the extra left-overs as mom hates food being wasted. Do I have a choice? So, I pray, "Oh God, please let her ask for only two doses the next time." When the next time eventually comes she does a somersault and eats only one dosa.

Agreed, caring for my mother is an herculean and exhausting task that requires patience, tact and lots of love. One slight harsh word by the slip of anyone's tongue or a raised voice results in her moving into the solitude. Yes, it is a full-time job. She is not safe to be left alone as she is highly accident prone. She either dozes off with something left to cook on the stove, resulting in the kitchen going up in smoke or she is found doing some acrobatics with the smoothness of the floored tiles in the house. So, if I have to go anywhere to meet my friends I have to tag her along with me.

But, she is great company for a lively conversation or a good debate on politics. Given any hot topic, she can keep anyone enraptured for eternity. She misses my brother a lot. It is at this time that I assure her that I am there to support her emotionally and solve her never-ending problems.

There are times when she has weird dreams of thieves and getting lost in some unknown island. One dream that she is a victim of, often is of a thief grappling her neck k for her gold chain. In the stillness of the dark eerie night when I am deeply immersed with a thriller novel, I hear a mind b lowing scream," EEEE……AAAH…!" For a moment, I suspect the character in my novel coming to life, but on close observation I find that it is my mom in her sub-conscious state, wailing away to glory.

When I wake her to find what happened that is another melodrama in store for me. With a jolt she is off the bed in a fit, "Who, Where, What is the noise about?" Then she stops short and in a mournful voice says, "That thief…" I begin to wonder if mom has a date with some thief in her dreams. Poor Mom!

Whatever the ups and downs in life I have been facing in looking after her and the heavy pressures I have been going through, I must say that her presence in the family does contribute greatly to the environment thus enriching the essence and spirit of existence. Most of the time I have noticed that she never airs her problems for fear of getting hurt. On close scrutiny, I find that she has the fear of being insecure or that she might be banished to some old-age home.

I regret such a thought ever coming to anyone's head. I find that totally inhumane. Our parents, right from the moment we have come into this world, have sacrificed so much for us in their life-span, nurtured us with the very best things that life has to offer, spent so many sleepless nights only to fulfill our aspirations and give us the comforts. Isn't it but humane to return that same gratitude now that they are old, feeble and helpless?

There are times when I go out for errands without her company and end up coming home much later than expected. I am quick to notice the distraught look on her face that says, "Where have you been so long?" Loneliness is indeed very unsettling for her. Innumerable times she has voiced her appreciation to me just for being there when she needs me the most. Times when her near and dear ones have refused to help her in any way. She is the happiest and at peace when I am at home.