Binayak Sen speaks out on life in prison
“Another revelation I had was of the widespread corruption in the judiciary. We’re simply not looking at it…” — Dr. Binayak Sen.
Binayak Sen and his wife Ilina addressing a press conference in Kolkata on Friday.
The great Indian middle class, journalists included, never has a serious brush with the law, and therefore cannot fully appreciate what Dr. Sen says. Not surprising that no newspaper bothers to go into this vital aspect of electoral democracy. Can Manmohan Singh and Sonia Gandhi change this shameful dimension of our vaunted democracy?
The UPA Government is set to have a full term from 2009, and it has the opportunity to ensure justice delivery to the masses of this country.
It has to start with implementation of police reforms, which all the States have resisted. The Soli Sorabjee-drafted Model Police Act is still in limbo, so far as the States are concerned. (An earlier draft Act by C.V.Narasimhan is here.)
Accountability and transparency in the lower judiciary, which hears most of the cases, has to be ensured immediately, with penalties and dismissal of judicial officers found to be corrupt. This serious approach will bring sufficient pressure on the High Courts and the Supreme Court also to function as per the letter and spirit of the law and the Constitution.
The appointment of judges has to be painfully transparent. There is nothing wrong in this, since that is the procedure followed even for the US Supreme Court.
Here is the report in The Hindu today (Saturday) on Dr. Binayak Sen’s press conference held in Kolkata after his release from prison in Raipur, on bail.
Work to strengthen the UPA’s Right to Information Act
India’s activist-driven Right to Information Act, 2005 has made great strides in the last year, with important precedents being set and wider public understanding of its true potential.
This editorial in the New Indian Express highlights the need to strengthen it in coming years. It has to be an important election issue and the political formations must be judged based on their stand on the law.
Call Police control, create evidence, use RTI
The Police often claim that they received a complaint late, despite the attempt by the citizen to communicate information of an event immediately.
Now, it is possible to establish that there was no delay in contacting police, and if there was a delay on the part of the police in responding, that as well could be proved.
This is made possible by the Right to Information Act, 2005. An application can be filed under RTI to get documentation on the complaint made to the control room.
Here is the report on the matter from the Press Trust of India (PTI).
Calls made to police control room are public documents : CIC
New Delhi, Dec 9: The records of calls made to Police Control Room –on 100– are “public documents” details of which should be provided under the RTI Act, even if an accused wants to use it for defence in a Court, Central Information Commission has directed.
“Records of calls received in PCR are, in fact, public documents. Their disclosure is incumbent unless that have been made in confidence in which case such a condition will require to be recorded,” Chief Information Commissioner Wajahat Habibullah said.
“Unless it is clearly established that such a disclosure would impede the process of investigation or prosecution and not simply that the record will be used in defence by an accused,” he said.
The case relates to one Ram Lal who sought details of a call made to the police control room on January 19 and 20, 2007 from Model Town police station. A similar application was moved by one Asha Devi seeking same call details.
The Delhi police refused to give information saying that it “could not be acceded to under section 8 (1) (h) of the RTI Act.”
Not satisfied with the reply, Asha filed an appeal with the police claiming that the calls were made by her and it was her right to know what she informed police.
“There is nothing secret or any such thing which relates to you or any investigation or any third party related matter,” she pleaded.
Delhi police again rejected the appeal saying that it will impede the prosecution of an accused.
Asha reached the Central Information Commission with the prayer to direct the officer concern to provide the required information and take action against the official responsible for it.
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It is also my belief that with increasing focus on installing CCTV cameras in public places, including roads, it should be possible to challenge false charges levelled by corrupt policemen relating to traffic rules.
An application could be made to get the footage of the CCTV regarding the incident. Ditto to make an insurance claim relating to MV accidents.
reStoring links with the organic way in Chennai
The best way to get to reStores organic produce outlet in Kasturba Nagar, Adyar is by the MRTS, particularly if you anywhere within shouting distance of a station. I decided to test this out by taking a train at 5.30 p.m. from Chintadripet to No. 27/ 10, 2nd Main Rd., Kasturba Nagar, Adyar Chennai 600020, where reStore sells fresh vegetables, pulses, rice, jaggery and so on at specified timings. Check out the schedules on the reStore website here.
It worked beautifully, despite the clunky nature of the MRTS, its vacuous stations appearing all the more ghostly under the poor lighting. At Kasturba Nagar, the station was almost completely dark, with a handful of flourescent lights illuminating the platforms. A thick darkness enveloped the concourse, relieved only by the odd reflections of steel banisters. A completely strange approach to a mass rapid transit system in a metro that has grand notions about itself.
A two minute walk brought the reStore point in view, and there was a small dedicated band of shoppers, and an equally enthusiastic group of volunteers. There was bitter-gourd, okra, cabbage, brinjal, potato and onions, besides the dals and jaggery, honey, bees wax balm and so on.
The purchase was efficient and the ambience quite relaxed. Being pooja season, the offerings had been pared down as there may be fewer patrons. Once this phase is over, it will rise to usual levels, the staff informed the visitors. Among today’s shoppers was a noted Tamil writer.
Meanwhile, today’s “Prices and People” feature in The Hindu turns its attention to the state of the farmer. One of the articles is on the growing popularity of organic produce in Chennai. It does not provide much insight on where the produce is coming from (to establish its organic credentials), but assuming that there is no worry on that score, the growing “green way” in Chennai is certainly good news. Read that piece here. The main article is here.
Tackling terror: Bangalore could do with CCTV cams
“It’s coming,” said an IPS officer during a personal interaction recently. He meant that cameras in public places were to be set up, to help better evidence gathering and preventive policing. But that agenda is not really moving.
Look at what it could have achieved. It is possible that an intelligent police using closed circuit cameras in key places could have averted the Bangalore blasts. If such cameras existed in the major Indian cities, and perhaps other sensitive ones, we could find patterns that smart policing can analyse to stop terror in its tracks. Some may argue that the most-watched of cities, London, experienced blasts. It can also be argued, however, that London busted all bomb squads subsequently, arguably helped by close monitoring.
The moral of the story is that Indians are not helping themselves. Their leaders and police brass are not helping the citizens, although they themselves are well-protected. It is time we put our major cities under CCTV camera surveillance, to bring some order to our public places, although constant surveillance means a loss of privacy and an advantage for Big Brother.
But let’s face the truth. What is the state of the citizen today, without the cameras? Our muscular police is waiting for the slightest pretext to trample free speech and impose all manner of curbs. Often, there is no burden of evidence on them to explain their actions. It will actually help law-abiding citizens when camera evidence is available, which can be demanded in court. That will take the pressure off the good people, and produce sufficient evidence about illegal activity. Of course, that means a disadvantage to crooks in uniform.
In the case of Bangalore, it would be possible to pin-point the individuals who are seen in camera footage, at the points closest to the blast sites. Cars can be identified, and individuals screened in slow motion. Rather than crude sketches drawn by a police artist, there will be genuine footage of real people and perhaps the culprits available.
Cameras will also deter a lot of crime, because criminals know they have no chance of escape, and their masters are at risk of being caught in turn.
There is not much expense involved, given that safer cities are good cities: for people, and for commerce. It helps the economy. Let’s hope the State Government helps Bangalore live up to its name of an “intelligent” city in the area of evidence-gathering also. The answer is not to enact some draconian law that will put innoncent, helpless, profiled people behind bars to be tortured, while the perpetrators of violence are able to wriggle out to strike elsewhere.
Why are we such born losers?
Like Barack Obama, I think we must all say, “Now is the time for change.”
We must change the way we live in our cities. Just think about the price of oil, which is going to hurt us all badly in the future; change the way travel; the way we grow and consume our food.
There was never a better time to do the following:
Our leaders are shouting from the rooftops about oil price and oil companies are stopping LPG cooking gas supplies. But have they done enough to cut oil dependence? Have they devoted some of their profits to design, say, a solar cooker that will help millions of Indians?
In a country that is forever praising itself about its ancient prowess in just about everything, including positions for sex, there is not a single inventor or entrepreneur in sight with a good design for us to use the maximum energy that we get — from the sun, at 42 plus degrees C this summer — to cook our food. There’s something called solar thermal to generate power even in the hotter parts of the US. But here in the sunny southern hemisphere, we have nothing. We heat our matchbox houses by day and some of us cool them with giant air-conditioners at night. We cut trees to show off billboards and shop fronts. We are glad to eat more pesticide and fertiliser, and do without medical systems when we develop cancer. We are willing to pay all our taxes and bribes when we are healthy and just crawl into a hole and die when we get sick.
We prevent ourselves from walking, cycling and enjoying fresh air. And in the process, we kill one lakh people and injure 15 lakh people badly each year with our fast cars and trucks.
Why are we such born losers?
This is the time for change. As much for us as for America.
World Migratory Bird Day 2008
The birds of the world represent not merely the ability of creatures to travel to the far ends of the earth, but a colourful diversity that is celebrated by millions. Migration is key to the survival of these birds, as they move from one continent to another, spanning different cultures and levels of development — and, sadly environmental destruction.
Several international organisations are celebrating World Migratory Bird Day 2008 on May 10 and 11. Spare a thought for wonderful winged visitors who make our lives so much richer and colourful.
There’s a video created with just that message here: http://www.worldmigratorybirdday.org/2008/
Priest’s organs donated, but none to support family
The story of a priest in his prime suffering brain death, and his family deciding to donate his organs at the corporate Apollo Hospitals was reported a few days ago by the media.
The inspiring example set by K. Prakash’s family was first reported by the Times of India and later by The Hindu. That story is here and here.
Chromepet residents led by Mr. V.Santhanam have been disappointed that Apollo Hospitals decided to collect the charges for treatment, although the grieving family had decided to donate the organs, altruistically. The family paid the bills, after agreeing to the organ donation, without raising a question. They are rendered poor, as a result.
Mr. Santhanam drafted the following appeal, which I believe deserves to be reproduced here. If you would like to help the family, you can contact him at (+91 44) 22388612.
“An Appeal
The donation of the kidneys, liver and heart of brain-dead Chromepet resident K.Prakash, 37 by his family has been widely reported by the media on April 16, 2008. With nothing more than altruism on her mind, the young wife of the public-spirited Prakash signed the donation papers at the Apollo hospital. She now must rebuild the family’s life using a small salary as a teacher, a job that has been very kindly offered to her by a school.
But we note with distress that the family has actually been impoverished as a result of the accident. The victim’s stay in the hospital led to bills totalling about Rs. 2 lakhs incurred towards treatment, before the donation was decided upon. That was remitted by the family.
We salute Prakash’s kin for taking the lofty decision to donate his organs. As members of our wider society we can only feel further humbled that not only was this done, the family paid the money sought by the hospital, which harvested the organs and has since transplanted them, without demur.
At a time when commerce in organs is making waves in the media, and poor people are selling off their kidneys for a small sum to patients who are able to purchase organs, it would have been an act of great empathy if the hospital, which is sufficiently prosperous, had agreed to waive the treatment charges for Prakash.
It is not too late to do so, and we appeal to Apollo Hospitals to refund the money paid by the family. This is by no means a suggestion that there is a quid pro quo in the donation, as no demand was made by the family to the hospital. But it is our duty as members of the community to point out that the family deserves some welfare help, since its breadwinner has been lost.
We take this opportunity to emphasise the need for altruistic donation of organs by families of brain dead patients, and for hospitals to encourage it through genuine, non-commercial gestures of welfare, of which waiver of hospital charges is one.
We also seek greater involvement of the Governments at the Centre and in the State in such issues. Welfare for such donor families in the form of free housing, schooling for children, job for spouse and speedy disbursal of relief from the Chief Minister’s Relief Fund for accident victims will do a lot for altruistic organ donation. The spirit of altruism, which is not the strongest trait among living beings, will be tremendously encouraged when families feel secure that their interests will be protected by the State.
This is also a fit occasion to remind the Tamil Nadu Government that the relief available for families of victims of fatal traffic accidents is grossly inadequate. The relief needs to be set at Rs. 2 lakhs per individual, without prejudice to any claims in accident tribunals, and this quantum should be disbursed immediately with a notice issued to the media in confirmation.
V.Santhanam”
LED progress in home lighting
India desperately needs efficiency in its use of energy, and largescale changes can come about only with the help of technological breakthroughs — not intelligent policy initiatives of our politicians and bureaucrats.
The evolution of lighting technologies is one such. I was glad to read that an expanded range of lighting options for the home based on light emitting diodes is soon to be put on the shelves. Here is that report on CNET. We can only hope that these products are quickly available in India and China, which have a massive energy demand and need every possible resource for raise efficiency of use.
I had the opportunity to write on this sometime earlier in The Hindu. That editorial, urging city governments to employ LED lighting widely, is here.
Fanalconyx and the levitating experience
For those who have tried to do it, composting can be fun. The average middle class person is very apprehensive about waste lying around, and quickly shouts out the NIMBY war cry. Exnora brought those people together because it promised to handle their waste problem with the bare minimum direct involvement from the participants — the work was done by the street beautifier. The experiment virtually crashed after the arrival of Onyx. Neel Metal Fanalca, with all its flaws and hiccups, is also unlikely to kick start the citizen-led waste minimisation initiative.
For those who still have some fire in their belly, home composting is really attractive. It also produces clean compost (uncontaminated by heavy metals and chemicals that are likely to be found in the mixed waste that the Corporation would compost).
Here is a video promoting Daily Dump that I found on YouTube, which is of interest. Of course, it is only a colourful promo, and you don’t really need to invest heavily to compost at home. But for those who go for some chic terracotta stuff, this video should be appealing.
