Tuesday 29 April 2014

VICE OF A VIRTUE

‘Vice of a Virtue’
By
J.L. Gupta

I have been to jail. Several times. Often, in august company. And every time it has been an exposure to a catalogue of wrongs. Be it food, hygiene or other conditions. Nevertheless, each visit has been an experience. The memory of one visit comes alive.
It was a high security prison. A part of the jail had the condemned prisoners’ cells. For persons sentenced to death. To keep them in solitary confinement. Away from all others. Even from the other convicts and under-trials. Having not seen one earlier, I was curious. Wanted to see the cell as well as the inmate. I wondered if those who commit murder actually look like the butcher in a meat shop. So, I had walked to the section. The cell looked very small in size. Cramped. Just a raised platform made of brick and mortar. It was the bed and bath room. All in one.  Behind iron bars. And a sentry outside with a gun to keep constant vigil on the inmate. Day and night.
The occupant was a young man. In late twenties. Or possibly, even in early thirties. A handsome face. Chiselled features. Fair complexion. Tall. Almost athletic in appearance. I was told that he had been there for quite some time. The pale face was once pink. What looked a bundle of bones was once a well built body. He had really ‘lost weight after the court had dismissed his appeal.’ Now his petition for the presidential pardon was pending. Probably, it held some hope for him.
Instinctively, I felt concerned. Despite the knowledge that he must have committed a heinous crime, I tried to make some conversation with him. The response was one of total indifference. Asked him if he needed anything. “No! Now nothing makes any difference.” And saying that, he raised his shirt sleeve. Pinched his arm. Pulled the skin off his forearm. Not a drop of blood oozed out. There was not even a suggestion of any pain on his face. Surprising? Yes! But true. Probably, this was the young man’s way of saying that solitary confinement kills. The lurking fear of death destroys the body cells. Bit by bit. It deadens the nerves. Also that the fear of impending death had freed the body from the sensation of pain.
Yet, the petitions for presidential clemency remain pending. Interminably. For long periods of time. Even years. In Chatterji’s case from Calcutta, the solitary confinement had lasted for more than a decade. The journey from decision to death is long and arduous. Why?
Clemency is an act of kindness. Do we not make it a cruel curse by delaying the decision? Are we not prolonging the agony of uncertainty? Are we not making a vice of a virtue? It is no wonder that the Supreme Court in the case of Shatrughan Chauhan & Another versus UOI was persuaded to commute death penalty to that of imprisonment for life in a number of cases where the Government had delayed the decision for years without any justification.

The government's reticence, seems to question the validity of the verdict. It suggests that since the Constitution does not lay down any time limit, the view taken by the Court is not correct. It is also suggested that the exercise of clemency jurisdiction is not questionable before courts. The argument is, in my view untenable, legally as well as morally. Legally, because when the Constitution vests the power in the high dignitaries like the President or the Governor, it expects them to act efficiently and reasonably. Also morally, because in matters of life and death, no authority, howsoever high, can adopt a lackadiasical attitude in dicharging a constitutional duty. Secondly, judicial review is a basic feature of our Constitution. Hopefully, the executive shall do its duty without delay or demur in future. It shall not continue to make a vice of virtue.   

Wednesday 23 April 2014

CANCER and Radiation from Cell Phones/ Towers

  CANCER and Radiation from Cell Phones / Towers”

Today’s (April 22, 2014) Indian Express reports – “No link between mobile phone radiation and cancer, says Padma awardee doctor. Calls for revision of World Health Organization’s list of carcinogens,” Almost simultaneously, a friend has forwarded a mail which says -  





Are the fears totally unfounded? I do not have any knowledge of medicine or oncology. Primarily, I have been a student of law. I have used computer and cell phones to a considerable extent for quite some time. I have gone through a personal experience. May I share?

July 10, 2012 was a busy day. I was up at 3AM. Gone to bed after 11PM. Worked throughout the day. Slept well but got up with a nagging headache in the morning. Could not go for work. Went for an MRI in the evening of July 11. I was asked to see a specialist. Next morning, I saw a specialist. He prescribed certain scans and tests. In the evening, armed with the reports, I went to a neurosurgeon. He examined me and all the reports. He was candid and told me “You have a tumor. It needs to be taken out.” I asked,” Could it be Glio-blastoma?” The response was “Yes.” The dates for surgery etc. were fixed. On the way back, I was asking myself – What could have given me a tumor in the brain? The family has been very careful about food. All vegetarian. Only organic. No microwave ovens. No stress. What else? Could the cell phones be the culprit? My family believed it was so.

Regardless, I have gone through surgery followed by Radio and Chemo Therapy cycles. During the course of my treatment, I came across a group of eight persons. From a village. All from one family. One house. With a cell site tower in the street. Friends mention similar instances from other places as well. Were they all victims of radiation from the tower? May be or may be not. But some one has to examine the matter. It is  shocking that nobody in the government is doing anything. Can public health be neglected to such an extent?

Some thoughts continue to nag me.
Why is the government not examining and getting a scientific study conducted into the issue of cell phones and cell-site towers? Why are towers allowed to be installed in residential areas? Why has no telecom company installed a tower on its corporate office?

Why is it that no study is got conducted by the Government agencies on the possible effect of radiation from the cell phones and cell site towers? Has money power overtaken the healing faculty and scientific bodies? How do we sensitise the government and educate the masses? Shall it ever happen?

Every dark cloud has a silver lining! May be, one case proves to be the beginning of a campaign against the use of cell phones and the installation of towers. May be, it helps to sensitize the government and telecom companies to scientifically examine the issue of harm, if any, being caused by the cell phones and the cell-site towers. It looks unlikely that the WHO could have included the radiation from cell phones and towers as a carcinogen without any basis. Equally, nothing concrete has been pointed out to show that there is no link between the radiation from cellular devices and cancer. Should we not find a way out of the mess? It seems imperative to do so. Without any further loss of time.


Thursday 17 April 2014

AGE & ATTITUDE

Age & Attitude
By
J. L. Gupta

A few days back, an Arbitration Center was set up at Chandigarh. The purpose was to provide facilities for an alternative forum for an amicable resolution of disputes. It was formally inaugurated by a Senior Judge of the Supreme Court at a brief, simple and solemn ceremony.

Befitting the occasion, the High Court hosted a dinner. It turned out to be a grand evening. The Chief Justice Mr. S. K. Kaul’s house with nicely manicured and well lit lawns provided a perfect venue. The cool & refreshing breeze with a pleasant scent was God’s gift. Good liquor. Vintage wines. Sumptuous  snacks, delicious dishes and Good company bore testimony to the hosts’ generosity and a keen eye for detail. All the elements made for a nice ambience. It was a feast. No one could have asked for anything more. Everyone was in high spirits. Some even without consuming any spirits.

I was happy that I had the opportunity to meet a number of old colleagues, friends, as also some of my peers. All ageing inevitably. But not visibly. All absolutely alert. The vision & voice seemed as good as these were decades back. Age did not seem to have made any difference to the appearance, the appetite or the attitude. All indicative of the fact that if you have worked hard, lead an active, austere and honest life, remained relaxed and occupied, age will not affect any of the body functions. Can it be really so simple?

When you discharge your duty like debt, without delay or demur, live by the oath of your office, you carry a clear conscience to bed every night. A sound sleep is the nature’s immediate reward. A relaxed body and mind are the result.  Good health and good looks follow. And even when adversity attacks, God gives you an immeasurable strength to bear with the problem. He pulls you through totally unscathed. One may temporarily face a degree of discomfort but will never feel disabled or disheartened.


During the evening, it was obvious that an individual’s attitude determines the altitude of his attainments. It is the best ante-ageing agent. An invaluable aphrodisiac. So do not worry about what you eat. Just take care of what can eat you. If you have lived an honest life, age cannot affect you. Are the moon & sun not ageing? Yet, both continue to shine, shed light and give warmth. To everyone. Everywhere. All the time. So do the human beings who ‘live like hermits and work like horses.’

Wednesday 9 April 2014

Commend! Don't Condemn

Commend! Don't Condemn
By
J.L. Gupta

We live in a world that has crucified Christ, assassinated Abraham Lincoln and murdered Mahatma Gandhi. It is a ruthless, unkind and an ungrateful world. What are we doing to improve it?  Nothing?

Especially these days when Campaign for Elections – 2014 is in full swing, it is obvious that we censor, complain and criticise.  We decry, detract and disparage. We hunt for blemishes. We look for faults. Like microscope experts, we magnify every mistake. We examine everything with an innate desire to pass a sentence. We do not utilise the critical faculty to correct errors but to pull down others. These traits are becoming obvious during the past few days.

The largest democracy in the world is going to elections. It is a big event. Everybody is watching us. And what are we showing them? That we are a nation of faultfinders. Making baseless complaints and circulating misleading information to incite religious sentiment. We have religious riots. We have diversity. But no unity. All parties are finding fault with the others. Using bad language. Calling the other “Maut ka saudagar.” (Dealer in death.) ‘ISI Agent.’ And so on.

 We seem to forget that the most censorious is generally the least meritorious. Detraction is basically an evidence of deficiency. It primarily indicates weakness as well as meanness. A detractor may sometimes succeed and harm others. He can never elevate himself. One who decries and disparages others shall always remain depressed himself.
         Praise may deceive, criticism can correct and reprimand can reform yet we paint everyone black with one brush. We cannot say that all the big guns in the country have a very small caliber. We cannot invade, needle and threaten everyone. We cannot continue to reciprocate hospitality by hostility and convert opportunities into difficulties. We just cannot continue deprecating and destroying.

  Facing calumny and criticism is the tax that a man pays for his eminence. The celebrities cannot escape censor. In every age and at all places in the world, men of eminence and virtue have passed through a fiery persecution. But the hottest furnace produces the brightest steel. Persecution only purifies. It brings the best out of a man.
         To continue doing one's duty is the best answer to calumny. No one can control the evil tongue. But we can close our ears against a person who opens his mouth against us. Let not envy fill our minds with evil. Let not malice make us mute. Just don't chase the lie. It would 'automatically die.

Praise is to a person what sunshine is to a sunflower. Praise is the wage for virtue. It helps a person to endure many a peril and overcome many a grief. It is a debt that a man owes to the virtues of another. It is a duty that must be performed with scrupulous justice.

In today's materialistic world, many know how to flatter. They even stoop to concur. However, not many know how to praise. Veneration to human worth undoubtedly belongs to only a few. But let us remember that he who has merit never envies others. The jealous man only poisons his own food and spoils his own system. Envy is like a fly. It does not get near anything which is clean. It only “rests upon the "sores".

Virtue shall always triumph over vice. He who applauds must be appreciated. Just as flowers bestow fragrance upon the air, life of a good man sheds light on the paths of others. It remains a monument of human virtue. It extends its influence from generation to generation.

Let us not tell the world that we are a nation of the corrupt, dishonest and inefficient only. Let them know that this nation of more than a billion is a ‘member of the select nuclear club, its satellites are circling the outer space’ because the people are capable and competent. Let us consecrate our energies to the creation of what is good. Let us bury the bad and praise the good. Let us commend. Not condemn. All Parties and Leaders. It shall be good for India and the Indians. Everywhere.