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Tuesday, December 04, 2018

Justice Ranjan Gogoi can usher in a sea change in the Indian judiciary

The Chief Justice of India has already ushered in administrative changes in the Supreme Court for quick disposal of criminal appeals

Fifty-odd days is far too short a time to take stock of the work done by a new Chief Justice of India (CJI), but given that Justice Ranjan Gogoi’s term is just over 13 months long, it is clear he can’t dawdle. And the 46th Chief Justice of India isn’t . When Justice Gogoi took over as CJI, he inherited, among other problems, the complicated issue of increasing vacancies of judges in high courts, poor disposal rates of cases, and corruption in the judiciary.The first thing he did after taking over was to talk to the chief justices of the high courts, asking them to focus on getting judicial work done and on the need to combat corruption in the judiciary. He requested all chief justices that judges in the high courts not take leave during working days and remain present in court rooms all through working hours. These may be basic steps, but they do help with the disposal of cases.
The second issue that has occupied Justice Gogoi is the appointment of judges to the high courts and the Supreme Court. He has, in the short time he has been in charge, made four new appointments to the top court and cleared appointments of 68 high court judges (both have been done by the Supreme Court collegium, which he heads), which is unprecedented. He has also stressed on the importance of filling vacancies in the lower judiciary so that cases do not clog the system. A bench headed by Justice Gogoi has, suo motu, registered a petition to monitor the filling up of more than 5,000 posts that are lying vacant in the trial courts. The inadequate number of judges is one of the reasons for high pendency in the lowest rung of judiciary where over 27 million cases are still awaiting a final decision.
Cleaning up the judiciary is on his agenda too and Gogoi has told the chief justices of the high courts not to “hesitate in withdrawing judicial work from judges who are under a cloud”. The CJI has already ushered in administrative changes in the Supreme Court for the quick disposal of criminal appeals that are awaiting final disposal in the court for more than a decade. If the changes Justice Gogoi has ushered in are continued at least till the end of his term, there will be a sea change in the way justice is administered in the country.
Source: Hindustan Times, 3/12/2018

Be Happy, be Free


There are three traits in human consciousness: looking good, feeling good and being good. The most important is being good. Is looking good wrong? It is not a question of right or wrong. There exists a deeper meaning to it. People sacrifice feeling good and being good for the sake of looking good. When looking good is not based on being good, then life becomes a mess. The world runs on the illusion of looking good. If you do not look good, you will not survive this rat race, little realising that even if you win, you continue to be a rat. Are people happy in spite of being successful? Why is it that many successful people continue to be miserable? The reason being that they do not know the art of being happy. A study done on happy people showed that happy people were good finders. They always seek and find something good even in the bad. Use the image of looking good but do not be used by the image of looking good. Just as you wear a dress, but you are not the dress. To be happy, be free from any image of yourself. Be empty of image, thoughts and conclusions. This inner emptiness is joy. This is a new way of looking. People throughout the world want only good things to be spoken of them. So, it is clear that we are all seeking goodness. Being a good individual requires facing problems. In fact, being a bad individual also involves facing problems. Problems are part of life; hence, train your mind to enjoy problems. Just as you go to a gym and enjoy the workout in spite of sweating, train your mind to enjoy problems.

Source: Economic Times, 4/12/2018

Monday, December 03, 2018

Economic and Political Weekly: Table of Contents

Vol. 53, Issue No. 47, 01 Dec, 2018

Editorials

Insight

Commentary

Book Reviews

Review of Women's Studies

Postscript

Letters

Comment

From 50 Years Ago

Current Statistics

Appointments/Programmes/Announcements

Urban India is willing to fight for its green lung

The challenge is structural and goes down to the foundational belief of the current paradigm that linear infrastructure is one of the key drivers of development and economic growth.

There appears to be a new awakening in urban India where city after city is fighting for its green spaces and its green lungs. Be it for the protection of the Aravali Biodiversity Park (ABP) in the national capital region (NCR), the Kasu Brahmananda Reddy (KBR) National Park in heart of Hyderabad, or the Aarey forests in Mumbai, the last few months have seen mobilisation of urban citizens, certainly a section of them, in defence of the environment. The citizens have been out on the streets, taken the matter to the courts, and also been actively mobilising the media and the political establishment in this fight.
There are at least two things that stand out in these particular efforts: the first is that these are about chunks of land with forest cover in the heart of these rapidly growing metropolises; and the second, that the threats to all of them come from linear infrastructure – roads in the case of Hyderabad and the NCR, and the metro in the case of Mumbai. It is also a fight that is led by a certain class of the populace, a kind of an urban environmentalism that is enthralling for its energy and dynamism, but also one that will also need a larger vision of the environment if it has to eventually succeed.
The challenge is structural and goes down to the foundational belief of the current paradigm that linear infrastructure is one of the key drivers of development and economic growth. This linear infrastructure is now the most significant cause of wild animal mortality across the country where thousands of reptiles, amphibians, birds and big and small mammals are dying in road and rail accidents or being electrocuted by high voltage power lines. The mobility imperative, of travelling further and deeper and faster, all of which originate (literally and conceptually) from the urban landscape, one might argue, has only come home to roost.
We, those who want to go on a long drive on an expressway to liven up a lazy Sunday morning; we, those who have benefitted from all the good roads, fast cars and the gleaming metros, are left fighting a situation that is of our own creation, indeed one that has benefitted us the most. We are complicit in the creation of the beast that we are now trying to get off mid-gallop! The Strategic Road Development Program in Hyderabad seeks to slice out parts of the last remaining forests of the city because road space is not enough any more just as the National Highway Authority of India wants to build a road through the green lung of Gurgaon to decongest the roads that connect it to Delhi.
This is also a structure that has always been hugely hostile to most other inhabitants of the urban space, be it centuries old trees that line our roads, the crumbling public transport system, the pedestrian and the cyclist who use the most environmental friendly modes of transport and yet constitute the biggest casualties in road accidents in our country or the cycle-rickshaw puller who seeks little but who is most marginalised in the hierarchy of urban transportation. The needs of these and many other such constituencies have to be accounted for, otherwise we will only be dealing with the symptoms of a malady that runs deep and wide.
One hopes that the current battles will be won, that the forests of Aarey will be saved, that the ABP in Gurgaon will continue to be oasis it is and the KBR national park will remain the jewel in Hyderabad’s crown. But, and it is important we don’t forget this, there will be many more such battles waiting ahead if the more fundamental issues, questions and challenges are not addressed. There is the bigger war lurking around the corner to ambush us. Perhaps it is upon us already!
Pankaj Sekhsaria is an environmental researcher and writer based in New Delhi and Hyderabad. His research interests lie at the intersection of science, society, technology and environment.
Source: Hindustan Times, 3/12/2018

Disability is not a defining feature


Characters with disabilities in Hindi cinema have come a long way from subjects to be pitied or laughed at

I loved the trailer of the movie Zero . It’s a Shah Rukh Khan movie that also features Anushka Sharma and Katrina Kaif. Mr. Khan plays a dwarf. Ms. Sharma plays a woman with cerebral palsy using a wheelchair. But it doesn’t seem to be a movie about disability in the traditional Indian sense. More on that later.
Disability that’s in your face
The first known movie to feature disability in a meaningful way in Hindi cinema was Jeevan Naiya (1936). In this movie, the lead character abandons his wife on learning that she belongs to a family of dancers. Later, he is blinded in an accident and is nursed by a woman who he eventually falls in love with. Of course that woman is his wife. Karma comes a full circle.
And that’s what continued in subsequent films: either karma and its lessons or pity. In Sholay (1975), Thakur, the police officer (Sanjeev Kumar) has his arms amputated by the infamous Gabbar (Amjad Khan). Thakur hires two mercenaries to avenge Gabbar and his gang. This leads to a final duel between Gabbar and Thakur. And what does Thakur do? He crushes Gabbar’s arms with spikes. Thakur probably thought that living with a disability is worse than dying.
Khamoshi (1996) was about deaf parents, their daughter and their inability to allow her to move on. Taare Zameen Par (2007) and Black (2005) focused on the schooling challenges of the dyslexic, and the deaf and blind, respectively. Two other big-ticket movies with disabled characters in the recent past have beenMargarita With a Straw (2015), which explored the sexuality of a woman with cerebral palsy, and Guzaarish (2010), which was the story of a paralysed magician-turned-radio jockey and his legal battle to end his life. What’s common in all these movies is that disability is in your face. It’s the overarching theme of the movie. I loved the storytelling in these films. However, disability is what defined them. And let’s admit it: disability is not the sexiest theme to bring in people to the theatres.
Of course there is another category too, where disabled characters provide comic respite at the cost of their disability. However, I shall refrain from commenting on it to not give these highly offensive movies any undue attention.
So why am I so excited about Zero ? Going by the trailer, Mr. Khan, who plays a dwarf, is shown the photo of a girl played by Ms. Sharma. He’s immediately smitten and decides to attend an event where she’s speaking. Only on seeing her in person does he realise that she has cerebral palsy and, as a result, is on a wheelchair. He’s sad but nevertheless continues to pursue her and eventually succeeds.
He confesses to having a safe, stable life if he marries her. The trailer up to this point looks like the quintessential Bollywood movie. Dwarf meets wheelchair, they fall in love and live happily ever after. Except we live in the 21st century. This isn’t the Raju (Raj Kapoor) from Mera Naam Joker being a circus clown collecting a bunch of heartbreaks in the process. Mr. Khan doesn’t want to just live life. He wants to live it king size. He wants adventure. Maybe he even wants to be a moron. Not satisfied with cerebral palsy-stricken Ms. Sharma, he pursues Ms. Kaif who seems to be playing a silver screen actor with millions of fans. They meet and they kiss (perhaps the Indian Censor Board didn’t let them take things further). And when things go wrong, she calls him “Zero” and he presumably runs back to Ms. Sharma — but she is no helpless, egoless wheelchair-user waiting to have him back in her life. She seems angry and wants her revenge. “The relationship is now on an equal footing,” she says, glaring into the camera.
The characters are no ‘divine’ individuals seeking sympathy. The government might have called the disabled “ divyang ” (divine individuals), but Mr. Khan might truly be playing a divyang moron in the movie. The characters here are human beings with hopes and aspirations, shades of black and white, and happen to have disabilities. It doesn’t seem to be a movie on disability. It seems to be a love triangle with characters with disabilities.
Responding to criticism
And that is why I was so saddened to read criticism about this movie from some pockets of the disabled community. The movie was questioned for not having actors with disabilities play these roles. I do believe that the first challenge is to get people to the theatres to watch movies related to disability. Having stars of course helps. Secondly, and more importantly, these stars inadvertently become brand ambassadors of the cause. These are important issues considering that I come across middle-aged government engineers, police officers and bureaucrats who claim to have never come across a person with a disability even today. If big stars will get them to the theatres, so be it.
Besides, I do find the idea that only actors with disabilities can portray characters with disabilities bizarre. We didn’t complain that Dangal didn’t have wrestlers playing wrestlers, or that Sanju didn’t have Sanjay Dutt playing Sanjay Dutt, or that an alien didn’t star in PK. What we need is for actors to be properly sensitised to the role they’re signing up for. Daniel Day-Lewis got into the skin of his character, Christy Brown, who had cerebral palsy in My Left Foot . He did this not just by interacting with people with the disability but by actually refusing to leave his wheelchair through the shoot of the film. He had to be carried around by crew members and insisted on being spoon-fed. The movie was critically acclaimed and he won an Oscar for it.
Breaking barriers
Persons with disabilities in India are breaking barriers. The next generation wants no sympathy. Varun Khullar was paralysed waist down after an accident in Manali in 2014. The accident forced him to start using a wheelchair but didn’t stop him from accomplishing his dreams. He studied music and started deejaying at parties. He is the resident DJ at a club in New Delhi. Divyanshu Ganatra was just 19 when glaucoma claimed his eyesight. He runs an adventure sport company. Nidhi Goyal was diagnosed with a degenerative eye disorder at the age of 15. She converted her subsequent dating misadventures into an internationally acclaimed stand-up comedy sketch.
I am glad that Hindi cinema is learning from society and going beyond looking at characters with disabilities as either subjects to be pitied or laughed at.
Nipun Malhotra is a wheelchair user. He’s founder, Wheels For Life (www.wheelsforlife.in) and CEO, Nipman Foundation. Twitter: @nipunmalhotra. Email: nipun@nipunmalhotra.com
Source: The Hindu, 3/12/2018

Digital dungeons & dragons

It is high time we held Zuckerberg and other digital dungeon masters to higher standards.


I often liken my research to that of a medieval mapmaker. My research teams and I are charting the “digital planet”. This is a landscape whose contours are being shaped by many actors — by the titans of Silicon Valley and their counterparts elsewhere, by venture capitalists and entrepreneurs, by regulators desperately attempting to keep pace, by half the world’s population that now has access to the internet and by many in the remaining half dying to be let into the club. In its early stages, mapmaking is an imprecise art. One cannot definitively fill in all the land masses or bodies of water. Our medieval predecessors closed such gaps with dire warnings, such as “Here there be dragons” or resorted to images of serpents, elephants with gigantic teeth, and, of course, dragons.
My team and I are still tracing the outlines of the emerging digital landscape using a “Digital Evolution Index” that we created and a soon-to-be-released “Ease of Doing Digital Business” ranking of countries, among other measures. We find that on this emerging map, the dragons, serpents and elephants with dental issues are representations of what we fear the most, the loss of trust: We may be awash in data, but we still have no good ways to separate the tangible from the virtual, the human from the algorithm, the real from the fake.
When challenged to fix the problem of, say, fake news and pernicious rumours, perhaps the most palpable breakdown of trust, the hapless leadership of the digital platforms lacks the imagination to figure out solutions. In fact, they seem to be adding to the problems. Consider everybody’s whipping boy these days: Mark Zuckerberg. The latest story to break on this front is that, not only is Facebook and Facebook-owned WhatsApp among the largest transmitters of misinformation, Facebook — the company itself — may be the creator of misinformation. According to the New York Times, it paid an “opposition research” firm to spread misinformation about the billionaire George Soros. The reason: Soros’ foundation funded the Open Markets Institute, which, in turn, was critical of Facebook. This isn’t the first instance of concerns over Facebook fathering — not just furthering — falsehoods. A lawsuit, filed by an aromatherapy fashionwear company, alleges that Facebook’s numbers for the number of users that are targeted by advertisements were vastly inflated, to the extent that the reported number of target users reached in a particular demographic exceeded the total number of Facebook users belonging to that same demographic.
Where are the digital planet’s dragons that are likely to be lurking? In other words, who are the most vulnerable? I fear that the digital dragons congregate in the parts of the world with the least safeguards — among users in the developing world. Moreover, WhatsApp, which is more popular for spreading news in the developing world than Facebook, may be more vulnerable to manipulation for many reasons. For one, it is end-to-end encrypted, making it hard to manage or trace the content. Second, Facebook, the company, has stepped up fact-checking on its main platform, Facebook, but not on WhatsApp, largely because the pressures from American lawmakers are focused on the main platform.
Among developing nations, India, of course, is a prime case study. The country has experienced a slew of violent incidents and killings incited by rumours over WhatsApp. The BBC recently released a report that suggests that in India, narratives that relate to Hindu power and superiority, national pride and “personality and prowess” of Prime Minister Narendra Modi are powerful in spreading rumours over social media. With an election around the corner, this means there is even more opportunity for mischief ahead. Interestingly, while neither end of the political spectrum comes across as clean, according to the BBC study, the volume of fake news messages from the right was much more prominent. I recently met the Egyptian activist and originator of the Arab Spring, Wael Ghonim, who made an interesting distinction that the right sends messages that focus on fear while the left focuses on shame. Well, fear travels further and faster.
Unfortunately, India is far from alone. Of course, we now know that neighbouring Sri Lanka and Myanmar witnessed similar (and even worse) rumour-triggered atrocities. While Facebook made some superficial and incremental changes in response, it appears they did little to anticipate similar issues elsewhere. Consider Brazil as an even more recent case in point. There were widespread false rumours of Venezuelan interference in Brazil’s elections and about now-president, Jair Bolsonaro’s opposition distributing baby bottles with penis-shaped tops at schools. The rumours were started on WhatsApp and were reinforced over Facebook and Twitter.
Now that we have a sense of where the dragons lurk, who are the dragons?
Back in November 2016, Zuckerberg said that fake news influencing the US election was “a pretty crazy idea.” However, by the time he made that statement, insiders at Facebook already knew that this was simply not true. Today, after many hearings and public eatings of humble pie, Zuckerberg and his colleagues still have no long-term plan for countering the problem. One reason is that the spread of rumours gets attention and feeds the social media business model that does well when more people click and share. Zuckerberg is like the dungeon master from the Dungeons and Dragons game whose job is to be the game organiser. It is high time we realised that a clueless dungeon master who does not take responsibility for the game he has organised is also the dragon to be feared the most. The rumour-mongers that use the platform are the lesser dragons.
It is high time we held Zuckerberg and other digital dungeon masters to higher standards. They must now put their game design genius to work, to take responsibility for what is propagated by their platforms and to reinvent their business models that are designed to monetise attention at any cost. It is essential that they figure out how to grow profitably while keeping the digital planet civil, productive, honest and safe. And free of dragons.
Source: Indian Express, 3/12/2018

Dance Of Dervishes


Sufism is a teaching based on love. There is a sense of unity of thought which speaks of the fundamental one-ness of all religions. Sufis believe that everyone evolves to a known destiny. For more than a thousand years the Hindus and Sufis exchanged ideas and many Sufi sayings were similar to Sanskrit shlokas about human aspiration. In Sufism, the laws of life were kindness, generosity, good advice, forbearance to enemies, indifference to fools and respect for the learned ones. Jalaluddin Rumi warned: “Judge not the Sufi to be that which you can see of him, my friends.” He himself had been transformed when he met Shams of Tabriz, a travelling Dervish. Dervishes were ascetics who founded the Sufi fraternity in Arabia. In their beliefs they unified the inner philosophy of all religious thought, and created a new genre of music and movement. The sacred dance of the Dervishes is said to have happened when Rumi once took a rhythmic turn. This movement unconsciously whirled the skirt of his garment. It formed a circle and with that the dance was created with a group known as the whirling Dervishes. There were varied scholars of Dervishes. The sect which developed in India was the Naqshbandi, founded by Naqebhand, a great Sufi personality of his time. Rumi’s ghazals continue to inspire singers and poets with their artistic reflections of spiritual love through human aspiration.

Source: Economic Times, 3/12/2018