Deference to the Difference

“Deference to the Difference”

By

J.L.Gupta

The airline looked after the passengers. Smiling hostesses. A variety of beverages. Sumptuous meals. All combined to make the flight smooth. The hours passed faster than I had expected. Finally, we were in Zurich.

A man in uniform. On the aero-bridge. He checked every passport. Scanned every passenger from head to toe. But with a smile. And when he saw me with seven passports and the two grand children, he just asked –“Family on a holiday? Have a good time Sir!” In less than 15 minutes, all of about 300 passengers were out.

And then an underground train. The baggage lounge. The bags. Immigration. We were out of the airport in less than half an hour of the landing. Amazing?

A drizzle. Also a nip in the air. We got into the coach. The drive through the town was interesting. Also fast. In fact, after having seen the movement of traffic in Delhi, it seemed too fast. And soon, we were in the hotel. The driver took out the bags. The lady at the reception delivered the room keys and gave directions. Everyone carried a bag or even two.

Thereafter, the seven days in Switzerland were splendid. The snow covered Alps, thick forests, lakes and waterfalls provide a feast for the eyes. The country is a continuing postcard. Adding to the scenic splendour is the aroma in the air. The elements combine to make the country, a health resort. The country gives the visitor a happy holiday.

            True, nature has been kind. But the best part is the people. They have preserved the gift of God. Nobody throws a piece of paper or plastic in the park or any public place. And yet they scrub the roads. Still more, the people are disciplined. I did not hear a driver honk. Despite the fact that the people drive the machines really fast. Nor did I see a single cop in seven days. On the road or off it.  

           

And then, they are efficient. We had gone to a place called Jungfraujoch. It is described as the ‘Top of Europe.’ It has ‘Bollywood’ – an Indian restaurant. It gave us a good lunch. And just then, the cog-wheel train for our return journey was announced. In the hurry, I forgot my spectacles somewhere in the complex. I realized this only after we had got down at the next station.

            I went to the nearest office. I was not sure if the man had understood me. But next morning the hotel reception informed me that they had a packet for me. My pen, pencil and spectacles. Everything, as it was. Delivered at a distance of about 300 Kms. Sometime during the night. In less than 12 hours. Without having to pay anything.

           

           

In the evening of June 2, we were in Bern. It is the country’s capital. And we were in front of the Federal Palace – the Parliament House. There was no guard. No one in any kind of uniform. Can we get in? Can we see the Swiss legislature in session? Can we get some literature about the country’s system of governance? Different thoughts were crossing the mind.

And suddenly, we saw a couple of people coming out. They looked friendly. He smiled. “Tourists?” Yes! I responded. “From where?” India. “What part of India?” New Delhi. “Oh! I have been to India. Stayed in the Viceregal Lodge.” You mean the Rashtrapati Bhavan – the President’s house? “Oh yes! Have you seen it?”

             My son answered for me. Papa is a former High Court Chief Justice. He has attended a few functions at the Presidential palace.

            “Oh! We have lot of regard for Justices. What can we do for you? Like to look around? Would you be interested in knowing about our system?” He caught me by the arm. Lead us to a room. Explained a few things. Answered a few questions. Picked up a few pamphlets and gave them to me. And then he told the gentleman with him to take care of us. A warm handshake and a friendly smile. He walked out of the room and continued on his way.

            This young man was patient. Also knowledgeable. He knew about the Swiss system of governance. “The National Council has 200 members. They represent the people. The Council of States represents the 26 cantons. Both chambers are directly elected by the people. When in joint session, it is known as the United Federal Assembly. It is the legislative authority. It also elects the seven members of the Federal Council for a four year term. And then there are the Federal Supreme Court, Insurance Court and the Criminal Court giving the highest rulings.”

            Finally, it was time to part. We thanked him profusely. He took care to give us two visiting cards. And then I discovered that the man with the friendly smile was Mr. Pascal Couchepin, Federal Councillor and Head of the Federal Department of Home Affairs – the Swiss counterpart of our Union Home Minister.

            No gunmen. No pilot or escort cars. No hooters. No disturbance to anyone. He had just walked to his car and driven away. And then the driver asked me – how do you know the former President of Switzerland? Oh yes! Mr. Pascal Couchepin was the Swiss President in the year 2003. And this was a pleasant encounter.

            The Swiss are a people with a difference. We must show deference to this difference. Should we not emulate the good in them? For our own good!

Photos by the author.

A Peep into the Past - My First Brief and My Best Brief.

‘A Peep into the Past.’

‘My First Brief and My Best Brief’

By

J.L. Gupta

            This year, on Feb.28, 2013, I had completed 50 years in law. So, the past  replayed itself. Two things stand out. The day I appeared in court for the first time and the most outstanding person I appeared for.

It was the year 1960. I had graduated and was admitted to the Law College. In 1962, I was a graduate in law. But I learnt to my utter dismay that I was a year too young. However, in January, 1963, I had reached the prescribed age of 21. And, on Feb. 28, 1963, I was enrolled as an Advocate. In course of time, I had my first brief. Gurdial Singh, a migrant from W. Pakistan and, thus, a displaced person, had committed default in the repayment of a taqavi* loan (“ *advances made to a cultivator for implements; digging wells etc.”). The department had initiated proceedings to recover the amount as arrears of land revenue. This meant that coercive measures could be adopted. The defaulter could even be arrested. One of the senior members of the Bar graciously guided and told me that the validity of such a procedure in the case of a displaced person had been questioned. The issue was pending consideration before a Full Bench of the High Court.

I got a copy of the Order. Drafted the petition. Showed it to the senior who had initially guided me. And finally, with prayers on my lips, presented it to the Court registry. The case was listed for hearing next morning before a Division Bench consisting of Honourable the Chief Justice Mr. Donald Falshaw and another Hon’ble Judge, in Court 1. An imposing structure. A big courtroom. The Judges sitting at a high pedestal. I shall be less than honest if I were to claim that there were no butterflies in the stomach. Even a tremor in hands and feet. However, having faced audience during college days, I was reasonably ready for the situation.

The case was called. I was on my legs. I had just started and was still stating the issue arising in the case when I noticed that the Chief Justice was red in the face. He observed – ‘This is the most frivolous petition that I have come across.’

My response was equally frank. ‘My Lords! If your Lordships have referred a frivolous point to a Full Bench, I have nothing more to say.’ And having said that, I had just sat down. There was a total silence. One could hear a pin drop. And suddenly, the Chief Justice mumbled ‘Alright. We shall issue Notice and grant Stay as prayed.’ The second Judge also appended his signatures. The file was passed on to the court master. I was happy with the result and came back home.

But a thought that has often crossed my mind is – ‘if it were today, shall I do the same?’ No! Never! I think time is a good teacher.

‘My Best Brief’

On March 17, 1771, Sir William Jones in a letter to Count Reviezki observed that, "The only road to the highest stations in this county is that of the law." More than two centuries later, I experienced the truth of this statement.

In all probability, it was the year 1979. Thanks to my degree in law, I was sitting in front of Mr. Mohd. Hidayatullah. He had studied at Cambridge. Was called to the Bar from the Lincoln's  Inn on January 13, 1930. He was "one of those few under-graduates (if any) who, while reading for the Law Tripos, were Barristers!" He had been teaching law for years before I was even born. An eminent lawyer. A distinguished Advocate General. A learned Judge. Had retired as the Chief Justice  of  India. For a few days, he had acted as the President of the country. At the time I met him, he was the Vice-President of India. Also the Chancellor of the Punjab University.

I was asked to appear for him. In the High Court. To defend an order that he had passed. I had got an appointment. Reached punctually. To talk to him about the case. He was already in his study. The discussion about the case had taken no more than a few minutes. At the end, I promised to prepare the draft and send it to him ‘for approval.’ The response was spontaneous- “A doctor who tries to treat himself and a lawyer who wants to argue his own case has a fool for a patient and an idiot for a client.”

And then he had talked about various things. Law, lawyers  and literature. Men and matters. He knew Shakespeare and Salmond like the palm of his hand. I had sat like a student listening to a distinguished Professor.

He had written his memoirs. Chosen the "title of the book from Oliver Wendell Holmes’ subtitle to his "Aristocrat of the Breakfast Tables":  "Everyman his own Boswell." The book was under print at that time. I guess the chapter dealing with the visit of the President of America - Mr. Richard Nixon had just reached him. He had very kindly shown it to me.

There was a reference to the crowds that had lined the route. It reads - "In the car President Nixon seemed relaxed and quite flattered by the response of the people. Characteristically, he asked me: 'Mr. President, do people always turn out like this to greet the Indian President or is this because of the President of the United States' I sensed the comparison. I quietly replied: "Mr. President, I would not know, but I do suspect that many youngsters are here to see what a bulletproof car looks like!' He smiled and replied - you have a point there!"

An appropriate answer from a dignified Indian to an arrogant American!

The meeting should have been over at 4.30 p.m. It was already 5.30. He was being kind and generous. I thought it was time to take his leave. He had come out to see me off. There was no man at the door. He had opened it himself. I learnt that the entire staff had instructions to leave at 5 p.m. No official was allowed to stay after the office hours. He polished his shoes and ironed his clothes himself. He looked after the people who worked for him. Once he had sent the entire staff to watch the performance of a foreign ballet that was visiting the Capital. And so on. Here was an example to emulate.

The letter that he wrote in his own hand has been a prize possession. Despite the lapse of twenty- three decades, the words of William Jones are still true. Even in India. Law took me to a very high station in life. I met a tall man. An excellent human being. Learned. Adorned the highest offices. Yet, a perfect picture of humility. May his tribe flourish.

This has easily been my best brief.

Police as an Instrument of Social Change

“Police as an instrument of Social Change”

By

J.L.Gupta

Police in India is almost as old as our civilization. It has been said, “In Mahabharata and Ramayana there are references to the existence of police administration. The great law giver Manu had also recommended that the police” jobs “should be entrusted to only persons with local knowledge of people and regions …” In the Gupta, Chola and Moghul periods, the police looked after law and order. Centuries have passed. The basic duty of the ‘Droga’ has not changed. If at all, the responsibility has increased.

Today, the police discharge thankless duties. It looks after the people and their problems. In difficult conditions. Despite interference from different quarters. Without enough facilities. Every ‘path that a policeman takes has a puddle. Be it the agitating employees, the labour or the leaders, the students or the terrorists, the police faces the wrath. Everywhere it gets the bricks and bullets.’ No bouquets. And invariably, at the end of each incident, there is a demand for judicial enquiry. No pat from anyone. Only persecution. From everyone.

Still the people criticize the police. We call it - “An organized gang.” We proclaim that it has no “License to kill.” We declare that the “Police needs a paradigm-shift.” The cant of criticism is continuous. The ‘citizen and the criminal, the judge and the judged, the press and the politician, the rogue and the reformist denounce the police.’ Whole-heartedly. In one voice.

The criticism is natural. The teacher who demanded discipline was never popular. The cop who is charged with the duty to enforce law and order can have no reason to be an optimist. And then making complaints is a national pastime. Nobody can help that. In fact, a man can give only what he has. Nothing more. It is a matter of satisfaction that despite the criticism and difficulties the force has continued to function. Normally, with a fair degree of objectivity.

Today, we live in era when the whole human Society faces a devaluation of values. Crude criminality. Lack of morality. Spiritual impoverishment. A Social collapse. Whatever be the cause for this degradation, we are all a part of this social system. Every one of us is a product of the society that we live in. When ‘the wood is crooked, the furniture cannot be straight.’ When the society is sick, a section alone cannot be free from the symptoms. In the prevailing environment, it would be unfair to expect the police force to be an epitome of values and to stand alone as an island.

And then no one who is discharging such an onerous job can please everyone. Such an attempt shall spell a formula for failure. No human being can be perfect. In fact, perfection is still an enigma. A few aberrations shall occur everywhere. But a few black sheep cannot blacken the whole service. Nor can a few individual errors justify a generalization.

The society needs police. To spy on the deviants and to help the innocent. Whatever be the form of government, the police have a role to play. An authoritarian state uses and abuses the police power to augment its authority. To suppress dissent. In a democracy, the police have to ensure safety of the individual’s person and property. His freedom of expression. The democratic rights of the citizen.  Sometimes, the ‘line that divides the two forms of government may be very ‘thin’. An apparently democratic government may actually attempt to be utterly autocratic. The police have to stand as a guard between the citizen and the state. It is under a duty to protect, preserve and respect the rights of the citizen.

In a society governed by the rule of law, the role of the police is especially important. The car driver does not see the red light till there is a cop. No body observes any speed limit when there is no patrol car. The burglar shall be kept at bay, even if there is a retired old man in uniform. The police are an essential force to maintain law and order. To save man from another man and his vagaries. To induce a sense of security in the minds of men.

Some people complain of corruption. Even of unwarranted harassment at the hands of the police. The complaints are not unfounded. But we, in India, have not known self-governance for a long time. In fact, for centuries. Today, when we are in our formative years, we are facing a few teething problems. In the initial stages, development creates disparities. Population, poverty and progress pose new problems. Create new tensions. Till the society finds solutions, the people and the police have to bear with the problems. With time these should pass.

Police plays an important role in the Criminal justice delivery system. It is responsible for the investigation of cases. Its credibility is essential. Its independence imperative. To keep the criminal under control. To ensure that, the innocent do not suffer, the sword of justice falls on the guilty alone

Police has difficulties. But let us remember the Arabian proverb, which says – “All sunshine makes the desert.” Snow and storm are essential for growth. For becoming tougher. The hottest furnace produces the brightest steel. Harsh winds only help the man to fly higher. Struggle gives strength and makes a man stronger. Difficulties do to the mind what exercise does to the muscle. So, let us not allow the difficulties to defeat us. Carry on the fight. And it is not enough to merely succeed. The critics must fail. They have to be silenced.

In any case, no one can stop doing his duty. Not merely for fear of being criticized. The duty has to be performed. Like debt, it must be discharged. Without delay or demur. And then, it must be remembered that a ‘person’s weakness is the sole strength of his critic.’ We need to overcome the weakness.

The man in uniform is a symbol of state’s authority.  Vested with the power to enforce the laws. To deprive a person of his liberty. Sometimes, even life. This is undeniably a tremendous responsibility.

Thus, we must awaken. The men in uniform have to arise. Make a diligent effort. With dignity and devotion.  Exercise the personal potential. Pursue. Seek. Search. Put together the attachments, affections, emotions, love and the sentiments. Concentrate on one goal. Create confidence in the minds of men that the police seek to serve. Destroy all the doubts that exist. Be friends whom nobody shall fear. Let only the actions speak.

The task is not easy. It shall take time to accomplish. Make a continuing, keen and unremitting effort. Make an inner inquiry. Your efforts shall bear fruit. The crime and criminal shall be conquered. The police shall then become an instrument of social change. 

Integrate. Do not Disintegrate.

‘Integrate. Do not Disintegrate’

By

J.L. Gupta

The Americans, though migrants from different parts of the world, are just Americans. No one says that he is a European, Chinese, Japanese or Korean. Nor does he call himself an Alaskan, a Californian or a New Yorker. Not one of them describes himself as a Christian, Jew or a Muslim. All are proud Americans only. The Europeans have formed the European Union and have introduced a common currency. The Germans have broken the Berlin wall. The world is breaking barriers. But we, in India, seem to be creating new ones.

In our country, every Indian is an individual. He is an Andhraite or Assamese, a Bengali, Bihari, Haryanvi, Himachali, Kashmiri, Maharashtrian, Malyali, Punjabi or a Tamilian. He is a Christian, Hindu, Jain, Muslim or a Sikh. He is an Aiyer or Aiyanger, a Bania or a Brahman, a Jat or a Jatt, a Reddy or a Rao. The list can be never ending. And each one is interested in the preservation of his distinct identity, culture and language. It is becoming difficult to find an Indian in India. Diversity has always been a stark reality. But today the nation’s unity is being threatened.

Our leaders of yester years were patriots. They had fought and won freedom.  They had worked for integration of the smaller states into the Union. The leaders of today have and  are dividing the states. They sow the seeds and then exploit the divisive propensities of the people. Just to perpetuate and preserve their own positions. To secure their small fiefdoms. For petty personal gains. And any excuse is good enough. Caste. Language. Religion. Sons of soil. Or any other. Then, they go on fast unto death. Arouse public sympathy and exploit the sentiment. Apprehending disruption of law and order, the government yields. Sometimes too readily. Is it appropriate?

Sacrificing life for national unity is understandable. It may be patriotic. But dying to force division should be totally unacceptable. Rewarding those who threaten to die for the disintegration of the state is a sacrilege. The fast is an attempt to commit suicide and must be treated as a pure and simple criminal offence. Nothing more.

Today, reorganisation of states has become a regular ritual. The parliamentary pundits perform it periodically without any delay or demur. The result is that not only India but even the Indian Union has grown numerically. While the population has gone beyond a billion and we are doing little about it, the number of states has already reached 28. And we all know the implications. Each new State means a new Governor, a new Chief Minister and ministers. And then, the cascading effect on the bureaucracy. The taxpayer alone has to bear the additional burden of the cars, kothis and salaries for all of them.  

We, as people, must realise that creation of each State only means more expense. It does not help the common man. It does not lead to more opportunities for education and employment. It does not help the needy. It serves only the greedy. The funds are largely exhausted in providing for the perks.  Almost nothing remains that may possibly percolate to the poor. The state then borrows from almost everywhere. And the people are doomed to leave behind the next generation under debt.

India is a rich country. It is rich in resources. We have fertile land. Flora and fauna. Mountains and mines. Perennial rivers. And more than a billion pair of hands. These assets are enough to take a nation to the top of the world. Japan, Korea and China are examples for us to emulate. After facing an atomic holocaust and with virtually no resources of its own, the Japanese have reached the pinnacle of economic growth. They have the capacity to face crises. A great sense of self respect. They work hard. In comparison, despite resources, we are poor. A majority of our people do not get two square meals a day. They do not have a roof over their heads. The children do not get admission in the schools. The sick cannot get a bed in hospital. The water is not potable. We have poverty in the midst of such plenty. It stares us in the face. We can no longer afford to look the other way. Our leaders do not hesitate to go around with a beggar’s bowl. Should it not hurt our sense of national pride?                                                         

Today, we really need to wage a war against illiteracy, poverty and unemployment. We have to work hard and fight against the ills of corruption, inefficiency and red tape. We must realise that every Indian deserves a dignified existence. We need hospitals and houses. Schools with adequate infrastructure. Institutions to impart vocational training to our young men so that they are able to earn their livelihood. The state must ensure certain minimum work and wage for the millions of unemployed youth. Only then the ‘right to life’ guaranteed as a fundamental right in the Constitution can become a reality.

To the masses, it does not matter whether the minister wears a blue, green or white turban. Nor are the people concerned with the colour of a politician’s cap. The common man is worried about two square meals a day. He needs a shelter to protect himself against the vagaries of weather. A bed in hospital for the sick. A seat in the school for his child. Potable water to drink. Our energies must be focussed on providing the basic necessities to the teeming and toiling masses of India. We should not be spending our time and resources on dividing the states into non-viable units of administration.

As we enter the year 2014, let us resolve to unite. Not to divide states. Integration and not disintegration should be the sole slogan.