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.

(http://epaper.dnaindia.com/story.aspx?id=65435&boxid=37820&ed_date=2014-06-06&ed_code=820009&ed_page=9)

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!!!

Still living in the Colonial Times

Last weekend, I was driving down to Pune accompanied by my father and on the way I saw something which left me with a whole herd of why’s and how’s in my mind. In fact what I wish to express my opinion about this knowing that it can invoke serious irk from a lot of people who guard our national interests.

It is not unusual that there are cars ahead of you which either being owned by a politician or his family members travelling, some central government officer or just someone trying to throw his weight around to be excused from paying the toll for the road. There have been cases where toll booth operators have been injured for just doing their job well and demanding proper documentation towards the exemption. It has always baffled me on how low can some people stoop to evade a toll of Rs. 195 for a car in an era where a litre of petrol costs upwards of Rs. 80.

So this time, when I saw a card being flashed out from a SUV ahead of me, it didn’t take me by surprise. While his appeal was rejected and he paid the toll, what was surprising though the reason he was seeking an exemption: Ex-Army. I could not ignore the smirk the toll booth operator had on his face; it was as if saying, ‘Just about everyone will flash some card to claim he’s exempted’. Which brings me to a pertinent question- why are our armed forces a privileged lot? Why should a well off ex-army try his luck to evade a petty toll?

Lets face it, anyone in the armed forces enjoys a special waiver on anything ranging from a soap bar to a family car. Most of their accommodation areas are from the colonial era; even the recent ones are built to a scale that is much higher than a regular apartment. If at any place they are unable to get accommodation in their own premises, the government has places available to them on rent less than a postal envelope. They have their own schools, waiver of fees in aided private schools and a special quota for their wards across all colleges and professional courses.

Salaries for the people in the armed forces are as per the rank and cadre (I guess the Pay Commission lays out the salary band); but there are special considerations for people having a posting in certain areas or on the border. I am not sure if they need to pay income tax on their salary and if the special considerations attract FBT. (Better clarity on IT rules sought)

Bottom line; I feel our armed forces are a pampered lot; so much so that one even after the end of service likes to throw his weight around. I’m pretty sure the best argument to counter my feeling is going to be ‘We guard the borders and are the reason you sleep at peace every night. We are away from our families on a day you are celebrating festivities. We have deserving to earned the privileges.’

I do not have anything against anyone who will say this to me as each and every word is correct. My only complaint- while I agree to the fact that every facility, privilege has been endowed to the fact that the armed forces stand prepared to lay down their life for the country, why are the para military and state police in such shambles?  Why are the Police line housing quarters a sign of degenerated and neglected state assets thriving in the unhealthiest conditions? What denies the children of the Police and Paramilitary the same quota in colleges and professional courses? How is a CRPF or State Police jawan patrolling in Gadchiroli or Balaghat less in his deeds to face the Naxals?

The answer I believe lies in the origins of the Indian armed forces and the Police and paramilitary. The British Colonial Rule in India was established on the might of its army and naval power. The local Indian princes employed against each other to reign supreme while paying a hefty sum to the British. In due course, the local armies were relegated towards policing within the kingdom while external security went into the hands of the British. Some like the Police force in Mumbai were local militia under the Bhandari’s which got formalized after 1857. All the high ranking officials in the Police were British and objective of all of the local policing agencies was managing the local people and crimes. The Army thereby remained exclusive to manage greater affairs.

The disparities that originated in the colonial times continue even today. The armed forces are given an allowance for posting on a border front or sensitive area, this was in fact an offer to lure British officers to take up assignments in India (otherwise considered a difficult place for people to have home and settle in). The Armed forces have exclusive clubs and golf courses while the Police lack even basic facilities at times.

You still believe I am harsh about the conduct of the ex-army guy trying to push his luck at the toll. Try this- a retired army officer will still demand being addressed as Captain, Colonel, Brigadier, etc; ever heard anyone being called Inspector, ACP or Commissioner once they retire? Reason- you are civilians and we are the armed forces. We have earned it. Fair, but isn’t your achievement as a defence personnel dependent on arms, satellites, technology and efforts of a civilian? The manner in which the armed forces distinguish their superiority is something the colonist would have been proud of.

My closing comment; why 67 years after the end of the colonial rule, we have not yet realized the equal worth of human life dedicated to the nation in two different moulds. Why a cop who is standing  for 12 hours under the sweltering heat to clear traffic, chasing petty thugs, offering security cover during festivities less valued than a jawan standing at a border post away from his family? When valour from both can earn the same Ashok Chakra; why can there not be equality when it comes to the life and facilities they get?