ADMISSION TO EDUCATIONAL INSTITUTIONS

“Admission to Educational Institutions”

By

J.L. Gupta

Immediately after attaining independence, admission of a child to a school was easy. Even to a college or the university. Now, after a gap of more than 66 years, it is a nightmare. For the child as well as the parents. At all levels. From Nursery school to a High School, college or university. Why?

1.     The number of applicants is more than the number of the seats available in schools, colleges and the university;

2.     The criterion is ever changing and always uncertain. Resultantly, the parents are never sure of what would happen next. They are unable to plan and prepare in advance. Thus, they are constantly at their nerves’ end and remain under stress;

3.     The reservations deprive the deserving and lead to avoidable frustration amongst the candidates during the formative years;

In this background, I was not surprised when I heard a child say – “I have secured more than 90% marks in my school and Board examination. I have also been a regular participant in extra-curricular activities. Still I am not able to get admission in an institution of my choice. Should I become a Christian? If I do, I shall be able to get admission in the institution with even a much lesser score.”

Equally frustrated, the parents ask –

1.     Who are a minority? Is it that merely numbers matter?

2.     If equality is the basic feature of the Constitution, is the denial of a right enjoyed by the minority to the majority not denial of equality?

3.     Does the action in reserving seats for members of a particular community to the exclusion of all others not amount to discrimination based on religion only? How do we claim to be a secular society?

4.     Is it not time that the Courts and the experts in Constitutional Law took a second look at the entire subject of minorities and their rights so that in an effort to help a small section of the society, we do not create an army of unhappy parents and totally frustrated youth? The ultimate result of the present policy may be totally counter productive and defeat the intended objective.

The issues are serious and need immediate attention. We have delayed but we cannot afford to ignore the issues any longer except at our own peril.  

'HELP THE HANDICAPPED'

‘Help the Handicapped’

By

J.L. Gupta

In the civilised world, everyone helps the handicapped. In India, the help is handicapped. How and why? Firstly, there is virtually no facility at most of the public places. Like the Railway Stations and the Bus stands. And wherever it is available, like the golf carts at the airports, these are only for the big wigs. The wheel chairs for the common man are hardly available. May I share something that I have seen abroad?

The ‘Wilderness Express’ is a long double-decker train in Alaska, USA. With a glass roof. It allows a perfect view in all directions. The lower deck serves as the dining car for twenty six passengers at a time. The upper seats seventy passengers in style. It also has a well equipped Bar. The untiring young lady at the counter is an example of efficiency and energy. She continuously takes orders from each of the seventy passengers. Serves everything from coffee to cumbersome cocktails. Gives bills and collects money. At the end, she cleans everything and puts it in place for use next morning. All with a rare ease and a smile on the face.

The day long journey from Fairbanks to Anchorage in the state of Alaska starts at 8 in the morning. It ends at 8 in the evening. You pass by snow clad mountains, lakes, rivers, thick forests, valleys and towns. You see airports and runways along the train track. Aircrafts that land on snow. There are tall trees. Clear waters. Bears. The sight, all along, is breathtaking. The journey is a memorable experience.

In the midst of this beauty, one thing that struck me the most was the care for the old and handicapped. Everywhere. In every way. There is help at every station. A wheel chair in every bogey. It just rolls into the special space provided for it. The lift in the bogey takes it to the desired level. The help in the train takes the person to the allotted seat. Happily and willingly. Without any fuss or noise. It is the same at the  other public places like the Airports etc.. There are ramps and lifts. Proper provisions to ensure that the handicapped do not face any difficulty anywhere. They can avail of every facility and are at par with everybody else. The handicapped are not handicapped in any way. The facilities are built into the entire system.

Should we not emulate the good example?   Surely, we  must. Hope, we shall!

NEED TO CONTROL NUMBERS

“Need to Control Numbers”

By

J.L.Gupta

While the world is growing economically, we in India, are multiplying numerically. In 1947, we were 350 million. In the year 2010, we had grown to 1.15 billion. In 2014, we have already reached 1.27 billion. China is still ahead of us with 1.36 billion, but if we do not act now and continue to grow as at present, we might overtake China sooner than we imagine. The data is clearly indicative of the fact that the talk of measures for family planning or welfare has been just a ploy to justify diversion of the taxpayer’s money. The results belie the claim and show the gap between the promise and performance.

In this situation, it is imperative for the Govt. to act immediately. Dr. Harsh Vardhan has to consider adopting such harsh measures, as may be required. Rules & norms need to be immediately laid down to check the menace. A policy of carrot and rod has to be adopted. The following could inter-alia be considered:

1.     Illiteracy is one of the major problems confronting the country. Ignorance leads to suspicions and superstitions. A massive drive for mass education regarding the benefits of adopting the family planning measures is essential. People should be convinced that controlling numbers would help in reducing poverty and lead to prosperity. In Kerala, the results of alleviation of illiteracy are obvious. The numerical growth has been checked.

2.     No elected office for anyone with more than two children;

3.     No benefit under any scheme for reservation for any member of a family which has more than two children;

4.     While a family which undergoes the sterilization surgery should be suitably rewarded, those who do not should be debarred from getting benefit under any scheme for the welfare of weaker sections;

5.     Not only the government, even each individual can and has to contribute. We can educate the persons helping us at home, work or otherwise and persuade them to go through whatever is appropriate. To illustrate: a domestic help was giving birth to a baby every year. After the birth of the 3^rd child, the lady of the house promised her the old fridge and TV if she underwent tubectomy. She did. Today, the whole family is doing well. All 0f us must emulate. If we do, it can become the peoples’ movement.

Shall we? There is no choice. We have to. For our survival as a nation.

JUDICIAL REFORMS

“JUDICIAL REFORMS”

BY

J.L. Gupta

            Though judiciary is one institution that has performed and delivered, yet it is an indisputable fact that there are long delays in the decision of disputes. Inevitably,the credibility of the Justice Delivery system is affected. Resultantly, remedial measures are a must.

First, we have to identify the causes of the back breaking delays that imperil the Justice Delivery System.

1.     If experience is the guide, the basic cause are the laws that regulate the proceedings before the courts in Civil and Criminal cases. We have the Civil Procedure Code, 1908; Criminal Procedure Code, 1898 as modified in1973 and the Evidence Act, 1872. No doubt, amendments have been periodically made. However, these are largely ‘cosmetic.’ Today, these laws are archaic. These are the ‘speed breakers’ on the road to justice. The technicalities of the procedural laws defeat the very purpose of law. Resolution of technicalities takes time and results in delay.

2.     Then, there are too many remedies like Appeals, Reviews and Revisions. These remedies especially when resorted to during the pendency of the main case are definitely leading to delay in the final decision of the disputes.

3.     Then, even though Justice is the first promise that the Constitution makes to the people of this country, yet, in the budget it occupies a very low position. Resultantly, the third basic cause of delay is the lack of proper infrastructure. At various places, elementary facilities like Proper courtrooms; staff; uninterrupted power supply and the number of judicial officers are far short of the actual requirements.

4.     And then, our Parliament and the State legislatures continue to promulgate new legislations. These lead to new cases. However, there is no corresponding provision for any additional facilities for adjudication of disputes that arise under these laws. In the process, not only delay but also fall in quality occurs.

           

What is the remedy? Or, is it that there are no pills for the ills that afflict the system? We cannot continue to push the issue under the carpet.

1.     The situation calls for radical measures. The best remedy in my view shall be to just scrap the old codes completely. It may meet resistance. Even from the Bar. But ultimately, it is bound to defeat delays and produce quicker decisions. That should be good for all.

2.     In any case, even if we be wary of scrapping the old codes, we have to simplify all the laws of procedure. The basic tenet is that the procedure followed in every case should be just and fair. So long as a reasonable opportunity to plead, prove and present the case has been afforded, the man who has failed to avail of it without a reasonable cause should not be allowed to complain that the procedure adopted by the court or authority was unfair or unjust. This should be all the more so if the record shows that the complainant happens to be a recalcitrant litigant who was only trying to delay the decision of the dispute.

3.     Such a measure has been adopted in the cases relating to the recovery of loans etc. given by banks and other financial institutions. Initially, regular suits had to be filed. The time taken was too long. Ultimately, in 1993, ‘Recovery of Debts Due to Banks and Financial Institutions Act’ was promulgated. The purpose was ‘expeditious adjudication’in cases where the amount was not less than Rs. Ten lakhs.

In S.22, it was  inter-alia provided that-

“The Tribunal and the Appellate Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and any rules, ... shall have power to regulate their own procedure including the places at which they shall have their sittings.”

            A salutary step calculated to simplify the procedure. Initially, there were some hiccups. Ultimately, it has helped in achieving the desired objective of expediting recovery of public moneys.

The provision is not a solitary instance. There are others too. The High Courts and the Supreme Court have the power to issue Writs and other directions etc. While exercising the constitutional power,   the Courts are not bound by the strict rules embodied in the Code of Civil Procedure. Substantial questions relating to the validity of laws and orders are considered almost every day. Now, If a simple principle of natural justice can be used in cases involving claims of substantial amounts or constitutional issues, what can be the possible rationale for not following it in cases involving petty disputes which are the primary cause of a logjam in courts? None whatsoever.

But then, why did the government not do the needful? Is it that being the single largest litigant in the country, it was the beneficiary of the law’s delays?

4.     Secondly, the number of remedies must be rationalised. The intervention at the interim stage of a case must be rare.

5.     Thirdly, the government must find funds to provide adequate infra-structural facilities. Constitutionally, the Judiciary is independent. But actually, it is dependant. Illustratively, if the government sanctions additional posts of Distt. Judges, the High Court has to ask the government for sanctioning the posts of stenographers etc.. The Finance Department resists. The bottlenecks in the secretariat delay the decision. The work suffers. If adequate funds were made available, the delays could be reduced.

6.     Still more, technology like dictation software could reduce dependence on staff especially when the sole help(the stenographer provided to a judicial officer) reports sick.  Lastly, the people must be convinced that the government means to make a change. It must become an example worthy of emulation. It must act fairly. Good governance would help in reducing litigation.

Otherwise, we may make laws till there is a shortage of ‘parchment and pens’ in the world. Yet, we may not have done enough. Defences against delay must be built in the minds of people who seek intervention of courts or preside over the proceedings.  Only then, the promise of Justice made by the Constitution shall become a reality.