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Monday, June 9, 2014

Refusing to upgrade the Colonial Gift


The debate is not if the British plundered and left India and many other colonies in disarray. While one might say that the colonial rule did erode some of the cultural and material wealth from India, it did leave behind some positives which we practice even today. Apart from unifying India from a cluster of 500 odd princely states; railways, post & telegraph, education, law & judiciary, democratic constitution, unified armed forces are just some of the many. The only seeming problem is that while some of the colonial blessings have changed to keep in sync with time, we are refusing to change some for a post- Independence India of today.

My last blog spoke on some colonial legacy which builds the divide between the armed forces compared to the paramilitary and the police. Hot on the heels of that I have come across another set of professionals refusing to give up their colonial habits- this time it was the lawyers. The Bar Council of India (BCI) rejected the suggestion by the former Chief Justice of India, Mr. RM Lodha to run courts for 365 days to clear the huge backlog of cases and provide speedy justice.

The argument presented by Justice Lodha is impressive; if healthcare can be offered 365 days; why not justice? What is amusing is the basis the BCI has rejected the suggestion- “It is not possible for advocates to attend court for all 365 days. It is neither practical nor feasible. Without rest, advocates cannot work throughout the year,” said BCI chairman Biri Singh Sinsinwar.

Picture this; a corporate works a total of about 230 days (considering Saturday-Sunday as off) across the year, the postal employees and government offices work for 280, the armed forces, healthcare and police; well virtually 365 days. Even teachers are working for about 250 days. So why should the judiciary work only 210 days (190 if it’s the Supreme Court), when the backlog of pending cases is so huge?

The reason I believe is the fact that procedures and duration of the courts is still the colonial legacy.  In colonial times, Indians were allowed to practice as layers, but majority of the Judges were British. Holidays, summer breaks etc. were all a part of their life style as there was no immediate need to resolve cases. Majority were cases against Indians and I don’t think it mattered much to them if the system took its own time to offer justice. The presence of so many summer retreats across the country is just enough a case to indicate that the high rankers in the British administration took vacations really serious.

But why does the law fraternity still desire to enjoy that life style? Well technically, who will want to give up on official 4 weeks of summer and winter vacation granted as a part of legal procedures as designed by the system?

Anyways, I did not want to get too upset on the working days issue as I’m sure the privileged are never going to budge on their stand. But then I read the same article in another publication and this has another demand. http://m.economictimes.com/news/politics-and-nation/bar-council-rejects-cji-r-m-lodhas-plan-to-keep-courts-open-365-days-a-year/articleshow/36135534.cms

While the BCI rejected the CJI's proposal, it decided to make a demand to the Union government to exempt advocates from paying toll. And what a fantastic reason to offer, -"Advocates render social service to the community". So what next, doctors, psychologists, environment scientist and workers- who all should we not exempt from paying toll for using public infrastructure?

As an ordinary citizen, I feel as if I’m qualified, employed and pay my dues in all honesty- but I feel soon to be part of a breed that will be left without any trace in this country for not having the role of a super human engaged in activities which were once exclusive for the colonial rulers. What legacy we want to live under- the uncommon Indian!!!

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