Tag Archive | Manmohan Singh

Chinese Help Sought For Sailors’ Release – By Mukesh Jhangiani

                                                                                                             October 8, 2008

 

Chinese Help Sought For Sailors’ Release

By Mukesh Jhangiani
United News of India

New Delhi (UNI) – The Chinese authorities were urged by an Indian woman today to help secure release of a Hong Kong-registered chemical tanker and its 22 crew members seized by Somali pirates in the Aden Gulf 24 days ago.

English:

(Photo: Wikipedia)

They said they would see what can be done to expedite matters, Seema Goyal, wife of Stolt Valor’s Captain, Prabhat Goyal, said in a telephone interview while she was on her way to Dehradun to be with her children.

Mrs Goyal met China’s Charge d’affaires in New Delhi, Ambassador Zhang Yan being away travelling.

The Japanese-owned tanker flying the Hong Kong flag was on way to Mumbai from Houston in the United States when it was hijacked in the Gulf of Aden on September 15.

The pirates demanded $6 million– subsequently pared down to $2 million– for letting the ship sail.

The tanker is carrying phosphoric acid and lubricant oil for end-users, including Kandla-based Indian Farmers Fertiliser Cooperative Limited.’ Besides 18 Indians, the crew includes a Russian, a Bangladeshi and two Filipinos.

Nine of 22 hostage crew members on board have taken ill waiting for freedom from Somali captors holding out for the ransom, relatives say.

The hostages have been running low on water and food.

On Monday, Mrs Goyal met a Japanese Embassy official in New Delhi in an effort to build up pressure on the ship’s Japanese owners to secure a quick end to the crisis.

Mrs Goyal and other members of the group have been meeting Indian authorities– ministers, senior bureaucrats, politicians– to bring home the urgency of securing the sailors’ release.

Experts say much of the initiative in the matter rests with authorities in Hong Kong, where the ship is registered, or Japan, where the owners belong.

On Tuesday, Mrs Goyal addressed a rally of seafarers unions in Mumbai and was handed a petition for Prime Minister Manmohan Singh, urging steps to ensure hostages’ safe return and preclude such acts.

UNI MJ MIR HT2137

Ex-Hostage’s Wife Wants Laws Against Piracy Business ! – By Mukesh Jhangiani

                                                                                                                       July 6, 2011

 

Ex-Hostage’s Wife Wants Laws Against Piracy Business !

By Mukesh Jhangiani
United News of India

New Delhi (UNI) – Indian authorities were urged today to enact clear laws– as well as enforce them– to regulate merchant seafaring, including hiring of sailors and allowing or requiring armed guard to protect vessels against pirates.

Gulf of Aden

Gulf of Aden (Photo: Wikipedia)

”Otherwise this piracy business will go on thriving,” Sampa Arya, whose husband Sandeep Arya was among Indian sailors aboard merchant vessel Suez released after a reported US$2.1 million payoff to Somali pirates, told journalists.

The racket has grown 177 per cent in just one last year, Mrs Arya claimed, drawing presumably on internet data.

She was accompanied by relatives of six Indian sailors in the captivity of Somali pirates aboard another merchant vessel called Iceberg.

The seamen captive aboard MV Iceberg: Jaswinder Singh of Haryana, Dhiraj Tiwari, Ganesh Mohite and Swapnil Jadhav of Maharashtra, Santosh Yadav of Uttar Pradesh and Shah Ji Kumar Purshotanam of Kerala.

Former Subedar Major Purshotam Tiwari said his son and five others from India were hostage for the past 16 months. He had sought the help of the Shipping, External Affairs, Home Affairs and Defence Ministries as well as the Chief Ministers of Maharashtra and Bihar. He had even drawn the attention of Lok Sabha Speaker Meira Kumar, Prime Minister Manmohan Singh and President Pratibha Patil, all without much avail.

Mrs Arya criticised what she suggested was a ”passive” government approach to the issue of sailors taken hostage for ransom.

The reported US$2.1 million came from MV Suez owner Abdul M Mathar of Egypt and a welfare trust run by former Pakistani Human Rights Minister Ansar Burney who also helped negotiate.

”It was with Ansar Burney’s help that we managed to negotiate with the pirates,” an Indian online outlet quoted Mathar as saying.

Experts say Somalis have been targeting mostly ships flying Flags of Convenience, which typically have budget constraints, are ill-equipped, and thus easier to overwhelm.

Merchant ship owners often register their vessels in a foreign sovereign State to reduce operating costs and avoid regulations in force in their own countries.

English: GULF OF ADEN (March 22, 2009) The Amp...

Counter piracy effort – Amphibious assault ship USS Boxer and aircraft carrier USS Theodore Roosevelt transit the Gulf of Aden (Photo: Wikipedia)

The term Flag of Convenience in use over half a century pertains to the civil ensign a ship flies to indicate its country of registration under the laws of which it operates.

The idea caught on and by the late 1960s Liberia surpassed Britain as the world’s largest shipping register.

More than a dozen States currently operating ‘open registries’ are reported to have sub-standard regulations.

More than half of the world’s merchant ships are registered under Flags of Convenience, with Panamanian, Liberian and Marshallese registries accounting for almost 40 per cent of the world fleet in deadweight tonnage.

A key criticism of the system is it lets shipowners be legally anonymous and difficult to prosecute in civil and criminal actions.

Such ships are also alleged to be engaged in crime ranging from illegal fishing to terrorism, offer substandard wages and working conditions and targeted for special enforcement by countries they visit.

But given the level of unemployment and state of regulation in developing countries such as India finding sailors is hardly a problem.

Complicating the situation over the past half a dozen years has been the Gulf of Aden, where a war-torn Somalia, without a functioning government since 1991, has turned into a hotbed of piracy.

Article 101 of Law of the Sea convention 1982 defines piracy as any illegal act of violence or detention or depredation committed for private ends by the crew or passengers of a private ship on the high seas against another ship or persons or property on board such ship.

But experts say it does not cover all cases of piracy.

”The Somali situation does not seem to strictly qualify as piracy under the Law of the Sea convention 1982,” says former additional director general of Shipping and nautical adviser J S Gill, adding that the wording ”may hamper charging a person as a pirate.”

A former chairman of the Delhi branch of the Company of Master Mariners of India, Capt Gill sees piracy as an exigency that ought to be linked to insurance, since it is underwriters who must eventually make good any losses to vessels or cargo.

Mariners interviewed say Somali activity has spawned a whole new mostly-Western industry for insuring vessels at risk with ever-increasing premiums.

That and other factors such as the data intelligence Somalis seem to possess or lawyers quick to rise to their defence on arrest suggest a new dimension– of an ‘organised under-world.’

Far from being sea pirates hunting for victims, they sometimes seem well-informed about their potential targets to the point of knowing for instance the cargo on board and the exact number of hands a vessel set out with, seafarers say.

Capt Gill who was present at the news conference said sailors in such captivity were often found to have taken employment through unlicensed agents.

”While the government may not be strictlly legally responsible for their employment they deserve basic humanitarian assistance as any citizen working abroad.

”Many victims or relatives,” Capt Gill said, ”do not know that the Director General, Shipping is statutorily entrusted to look out for Indian seamen in distress, irrespective of the source of their appointment, and must be persisted with.

”I believe the DG, Shipping and the MEA regularly press Embassies of the Flag States of the pirated ships.”

Mrs Arya stressed setting up a central agency to regulate seamen’s recruitment so as to help Indian aspirants steer clear of ships flying flags of convenience.

Experts say India has Shipping Masters at various ports supervising employment of merchant seamen and officers, but the system has eroded over the decades to a point that many seamen now find work without referring to it.

UNI MJ RSA 2240

9 Hostages Sick Aboard Seized Ship – Kin – By Mukesh Jhangiani

                                                                                                                October 7, 2008

9 Hostages Sick Aboard Seized Ship: Kin

By Mukesh Jhangiani
United News of India

New Delhi (UNI) – As many as nine of 22 hostage crew members aboard Stolt Valor have taken ill waiting for freedom from Somali captors holding out for a $2 million ransom, relatives said tonight.

The hostages, 18 of them Indian, have been running low on water and food in the captivity of Somali pirates who seized their Chemical tanker in the gulf of Aden on September 15.

Somali pirates in the 21st century (Photo: somaliareport.com)

Somali pirates in the 21st century (Photo: somaliareport.com)

In a telephone interview from Mumbai, Seema Goyal, wife of the tanker’s Captain, Prabhat Goyal, indicated ”no tangible headway” in the 23-day-old crisis.

She is visiting the key port city meeting Shipping officials– including Shipping Director General and Nautical Advisor M M Saggi– and addressing sailors’ unions and ”gathering support.”

Mrs Goyal, who addressed a rally organised by several seafarers unions, was handed over a petition for Prime Minister Manmohan Singh, urging steps to ensure hostages’ safe return and preclude such acts.

On Tuesday, she met a Japanese Embassy official in New Delhi in an effort to build up pressure on the ship’s Japanese owners to secure a quick end to the crisis.

The Japanese-owned tanker flying the Hong Kong flag was on way to Mumbai from Houston in the United States when it was hijacked in the Gulf of Aden on September 15.

The tanker is carrying phosphoric acid and lubricant oil for end-users, including Kandla-based Indian Farmers Fertiliser Cooperative Limited.’

Besides 18 Indians, the crew includes a Russian, a Bangladeshi and two Filipinos.

Mrs Goyal and other members of the group have been meeting Indian authorities– ministers, senior bureaucrats, politicians– to bring home the urgency of securing the sailors’ release.

They held a candle light vigil on Saturday night drawing attention to the seafarers’ plight.

The pirates had demanded $6 million– subsequently pared down to $2 million– for letting the ship sail.

Experts say much of the initiative in the matter rests with authorities in Hong Kong, where the ship is registered, or Japan, where the owners belong.

UNI MJ PK AS2221

 

 

Scholar’s Challenge To Apex Court Globalisation ! – By Mukesh Jhangiani

                                                                                                                        August 11, 2006

   

Dr. Upendra Baxi, at NUALS

Prof Upendra Baxi (Photo: Wikipedia)

Scholar’s Challenge To Apex Court Globalisation !

By Mukesh Jhangiani
United News of India

New Delhi (UNI) – Carnage witness Zahira Sheikh’s imprisonment reflects ”dual… standards” of access to justice manifest since globalisation, according to an Indian law scholar.

The view was voiced by Prof Upendra Baxi last weekend in a conference where participants were invited by Prime Minister Manmohan Singh to critically examine issues of the day.

Speaking on Access to Justice in a Globalised Economy, Prof Baxi cited half a dozen judicial orders he said erected a ”wall of difference” between ”globalised and de-globalised Indian citizens”.

A former Delhi University Vice Chancellor, Prof Baxi has served as Professor of Law at Delhi University as well as Warwick University in England and authored a large number of professional books and other publications.

The SC orders covered India’s accession to the World Trade Organisation, the $470 million Bhopal Gas disaster settlement, rejection of temps’ bid to regularise jobs, Narmada dam construction, demolitions and Best Bakery case.

Prof Baxi said the ”structural adjustment” of judicial role began with the apex court’s very stance on world trade conditionalities.

It was ”comprehensively urged” before the Court that India’s accession to the WTO ”violated not just Part 111 provisions but also the basic structure of the Constitution.

”The Court, overall, asked the petitioners to return to its powers as and when any such deleterious impact became more manifest!”

It ”did not even seek to match the blood-group of the WTO agreements, especially the TRIPS– Trade-Related Aspects of Intellectual Property Rights– with Parts 111 and IV of the Constitution.

”May I suggest that we read this decisional stance as the first step towards the structural adjustment of judicial review power, process, and activism?”

”A second momentous development towards the structural adjustment of judicial role and activism,” he said, occurred ”through the entirely unconscionable and unconstitutional judicial orders decreeing the infamous Bhopal settlement”– or what he called an instance of victims ”re-victimised”.

He said the Court not merely reduced the compensable amount from the ”Indian government computed US $3 billion to $470” million but also granted the Union Carbide full immunity from criminal proceedings.

It surrogated ”the Indian government as a fully-fledged clone of that multinational, and all its world-wide affine, in regard to all civil action, Indian and world-wide!

”Twenty-one years since, and I cannot speak of this without a lump in my heart, the catastroph(e) victims remain staggeringly re-victimised.”

He said a third story concerned the ”determined reversal of the proud labour jurisprudence of the Supreme Court itself.

”The juristic and juridical labours of” Justices VR Krishna Iyer, D A Desai, O Chinnappa Reddy, M P Thakkar, K Subba Rao, P B Gajendragadkar, Mohammed Hidyatuallah ”are now reversed by many a hurried stroke of insensitive judicial pen!

”A 2006 decision of the Supreme Court even goes so far as to ‘overrule’ without specific naming all prior judicial decisions.

”This judicial adventurism, there is no other appropriate way of naming this after all, remains an entirely unaccountable and rather unprecedented judicial technique in the annals of the Commonwealth judiciary!

”The learned Justice who writes the principal opinion even goes so far as to suggest that his predecessors laboured under a misimpression that ours was a socialist constitution!

”This eminent judge compelled a momentous jurisprudential anxiety for me; I scoured the histories of recent amendments to find whether some recent constitutional amendments had after all deleted this 42nd Amendment insertion to the Preamble to the Constitution!

”Allow me to bring to you the good news that this preambulatory recital has survived the ravages of contemporary Indian globalisation! The bad news is that now for the Supreme Court of India this makes not a tattle of difference!

”I am not saying at all the later Justices may not feel free to dissent from their predecessors. Nor am I saying that the predecessors may claim any prophetic wisdom over the future of constitutional development.

”However, I do wish to suggest with the fullest constitutional sincerity that in doing so they remain fully accountable at the bar of public reason. And in this they seem now altogether to collectively fail.”

Prof Baxi said a fourth instance of structural adjustment of judicial power was furnished by the Supreme Court’s ”meandering jurisprudence” concerning the Narmada Dam construction.

”At one decisional moment, we are told that the height of the dam may not be raised without the most solicitous regard for the human rights, and human futures, of the ousted project affected peoples.

”At another decisional moment stands enacted the unconstitutional pari passu principle under whose auspices submergence may actually occur with some indeterminate regard for relief, rehabilitation, and resettlement.

”At a third moment, the affected peoples stand somehow assured of that the Court is not powerless to render justice to the adversely affected peoples even as submergence occurs.

”Who knows what a fourth moment may after all turn out to be? The present writing on the judicial wall fully suggests the possibility that the Court may terminally declare that the tasks of relief, resettlement, and rehabilitations stand almost fully and magically accomplished!”

Prof Baxi said,”A fifth horrid story of the structurally adjusted judicial role and ‘responsibility’ stands now furnished by the judicially mandated/mediated sanction for the urban demolition drives that cruelly impose themselves on the bloodied bodies of the urban impoverished.

”Some recent judicial performances go so far as to fully suggest a total reversal of human rights to dignity and livelihood, which the Court itself since the Eighties indeed not too long ago so painstaking evolved.

”The enforced evacuees stand denied all rights of constitutional due process, including access to their erstwhile meagre belongings.

”The bulldozers remove the last sight of their existence as documented citizens; all evidence of title and occupation– including the only ‘passport’ they posses by way of pattas, their inchoate ‘title’ deeds, and prominently their ration cards) stand maliciously and wantonly destroyed.

”Not too long ago during the 1975-76 imposition of the internal Emergency, such happenings were poignantly described as emergency excesses.

”Today, these somehow constitute the badges of good governance!”

Prof Baxi said the sixth instance concerned ”the harsh way in which the Indian Supreme Court dealt with the ‘contempt’ committed by Zahira Sheikh.”

Here was ”an eye-witness to the destruction by arson of her own kin… by the Hindutva mobs,” treated ”as news/views ‘commodity’ in hyperglobalising Indian mass media… as a resource appropriated by local politicians and by some activists alike” and as a target of ”human rights and social movement activism.”

Prof Baxi saw Ms Sheikh as ”overall… a deeply traumatised victim of organised political catastrophe” compelled by the force of circumstance to make contradictory statements.

That is what finally decreed ”her fate as a contumacious Indian citizen worthy only of the most severe punishment in the annals of contempt jurisprudence.”

Prof Baxi noted how the same Court had remained ”largely lenient in its regard for Kalyan Singh for an objectively presented far worse egregious contumacious conduct.

”It also remained lenient for Aurundhati Roy, an NBA– Narmada Bachao Andolan– activist marshalling the power of International Union of Journalists, and Shiv Shankar, a former Union Law Minister, for a while marshalling the power of judicial elevation.

”Both of these remained far more contumacious; yet they were thought eligible for the otherwise rather relaxed standards of contempt jurisprudence. Yet, the Supreme Court leaned heavily on Zahira.

”How may we understand this judicial asymmetry in our, or indeed in any access talk save by the fact that that high political status was simply not available to Zahira?”

”To depict the scenario thus is not to present any mean-mouthed mode of attributing any class differential in access to justice.

”I only seek to service with the highest order of responsibility in discharging my citizen responsibility acting under my Part IV-A fundamental duties of Indian citizens, by highlighting differential practices of access to justice under the Indian Constitution.

”In the same spirit, some of us have now approached the President of India for pardoning Zahira; we know that this may not happen, although in a proud 50+year Indian democratic development this, it ought to.

”But this much remains clear: accesses to justice claims remain differentially distributed by the apex Court. Its ire at ‘contumacious’ conduct by public citizens is increasingly met by different standards for some de-globalised compatriots.

”The wall of difference thus erected between globalised and de-globalised Indian citizens seems to enact some contradictory, dual, even multiple, standards of differential access to justice.”

He said ”I sincerely hope… I (am) wrong in saying this. At the same moment, surely, all this should give us some pause in our parrot-like or His Globalising Master’s voice-type talk concerning ‘access to justice’.”

UNI MJ RP DS1110

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Workers – Not To Be Toyed With ! – By Mukesh Jhangiani

                                                                                                            December 01, ‎2011

Labour law concerns the inequality of bargaini...

Labour law concerns the inequality of bargaining power between employers and workers (Photo: Wikipedia)

Workers – Not To Be Toyed With !

By Mukesh Jhangiani
United News of India

New Delhi (UNI) – A retiring High Court Chief Justice is paid a High Court Judge’s pension. The mistake is rectified– but not before a 15 year court battle.

An Indian Institute of Technology professor invokes his Right to Information– to know why his gratuity is withheld.

After a Japanese executive kicks a worker and tosses the turban of another one, 3,000 employees at a Gurgaon plant form a union– prompting dismissals. Protest brings brutal thrashing from Haryana police in full view of news cameras.

Fired en masse, 362 union-led newspaper employees spend 20 months in Delhi High Court without relief– only to start afresh before a labour tribunal.

Tens of thousands of farmers persuaded to borrow for modern tools, chemicals and seed incur a crop of debt they cannot cope with– and end their lives.

Hired on merit, a scheduled tribe teacher harassed at work goes to the Central Administrative Tribunal, the Delhi High Court and the Supreme Court– her battle and hounding cut short by her death in the premature delivery of a stillborn.

Those are some glimpses of what India’s so-called strong labour laws are doing for– and to– some of its officially counted 400 million workforce Prime Minister Manmohan Singh calls ‘toiling masses’.

Labour and Employment Ministry officials say India has 154 labour laws to ensure welfare of roughly 30 million organised workers and 370 million unorganised workers, including some 250 million farmers and farm hands.

Set up 36 years ago to research labour issues, V V Giri National Labour Institute has yet to produce a comprehensive study of workplace disputes, their causes and outcomes– that might have shown the way to reform.

As in instances cited at the outset, those guilty of making life miserable for some of India’s workmen and women seldom suffer personal consequences under the law.

That, experts acknowledge, defeats right there a key purpose of any legal system– to deter crime by instilling the fear of law in potential offenders.

“Where we fail is in punishing our crooks or offenders,” says former Calcutta High Court Chief Justice D S Tewatia, stressing the urgency of reforms to remedy the situation.

Knowing, for instance, that the worst consequence of denying employees’ wages is having to pay after 10 or 15 years, employers may take such recourse capriciously at the slightest pretext or even without any.

Quite unlike elsewhere in the civilised world, employers in India do not face jail or hefty punitive damages that may make them behave.

In the United States, for instance, former Enron chief executive Jeffrey Skilling was given more than 24 years in prison for fraud and conspiracy involving more than US40 billion dollars debt, thousands of lost livelihoods and duped clients.

Before sentencing, an outraged Enron employee of 17 years, Kevin Hyatt, had asked the judge to ‘send a message’ to other corporate executives by giving Skilling the maximum sentence.

About labour legislation in India, a Western expert observes with an almost audible smirk, ”these laws are of little broad significance. They have long been circumvented in practice in most areas of the economy.”

Such laws as Workmen’s Compensation Act 1923, Contract Labour (Regulation and Abolition) Act 1970, Industrial Disputes Act 1947, Factories Act 1948 and Minimum Wages Act 1948 provide imprisonment for violators.

But strangely the option to invoke those provisions is controlled by government officials.

Headquarters of the International Labour Organ...

International Labour Organisation – Presiding (United Nations Photo)

For any harassment they inflict on employees, employers cannot be prosecuted on those counts without express sanction of labour inspectors or commissioners.

Here are some examples:

— Workmen’s Compensation Act 1923 section 18A(2): No prosecution under this section shall be instituted except by or with the previous sanction of a Commissioner.

— Industrial Disputes Act 1947 Section 34(1): No Court shall take cognisance of any offence punishable under this Act or of the abetment of any such offence, save on complaint made by or under the authority of the appropriate government.

How that works out on the ground was indicated when Lok Sabha Members Sunil Khan, Basudeb Acharia, Amitava Nandy and Gurudas Das Gupta drew attention to labour law violations some years ago.

The Labour Ministry gave data on the violations handled in 2003-04 and 2004-05 by the Central Industrial Relations Machinery headed by the Chief Labour Commissioner.

Of 9,826 and 9,538 disputes received under the IDA, for instance, 3,533 and 3,583 were settled while ”FOC– failure of conciliation–reports (were) submitted” in 4,276 and 2,743 disputes respectively.

The Ministry gave no account of how many violators, if any, went to jail.

“The Ministry and its machinery should be protecting labour– not employers,” was how Acharia, a Communist Marxist MP from Bankura, West Bengal, put it.

Asked then if he knew of any case in which an industrialist has had to go behind bars for breaking labour laws, Acharia said, “not one.”

As it is, given poverty and unemployment on one hand and the state of law and courts obtaining on the other, employees find themselves between a rock and a hard place.

The reverse appears to hold for affluent industrialists. Matters are filed in courts where they take years before it is time for appeals and more years.

How workmen or women survive without wages or relief may be hard to grasp for authorities not familiar with such hardship.

Thus it is that workers lose jobs while employers keep running industries and establishments– unmindful of consequences not in evidence. There is little to deter employers’ misconduct.

A published source says even West Bengal, the left bastion, saw 274 lockouts in 2000, more than half– 143– declared to reduce workforce on “the pretext of loss of economic viability.”

Short of sound laws and implementation, half measures abound.

The Institute of Company Secretaries of India proposed some time ago requiring independent professional assurance from practising company secretaries on labour law compliance.

But critics stress the importance of sound labour laws and effective enforcement.

Experts point out how professional auditors have for decades approved accounts without raising an eyebrow– while Swiss numbered accounts of Indians have grown.

Given such facts or data, it may appear natural that workers representatives agitate to rectify things.

Strangely, it is employers’ associations which have been demanding greater facility to hire and fire employees, a Labour Ministry statement noted some time ago.

“The employers have been vehemently pressing for labour reforms on the plea that these are necessary for making Indian industry globally competitive and for attracting more of foreign direct investment.

“The existing laws, it is contended by employers, slow down growth and job creation. They say that under the existing labour laws the churning of new skills is slower; companies lose cost cutting flexibility and ability to bounce out of recession quickly.

“The employers further contend that Labour Market will become more flexible with the amendments; more workers can be hired legitimately and can ask for better benefits including better work conditions, safety standards, welfare measures and health benefits,” the statement said.

Some of these arguments are backed by such institutions as the World Bank.

But critics ask how governments reconcile promises to workers of more jobs with bigger pay packets and better work conditions with promises held out to foreign investors of abundant cheap and skilled labour.

English: Official Portrait released by the Off...

Labour & Employment Minister Mallikarjun Kharge (Photo: Wikipedia)

At a conference in New Delhi, WB experts spoke of better work contracts.

Asked who will fix a contract if an employer breaks it, the experts promptly replied: the Courts.

Asked if it was fair for employees to have to go through years of litigation for wages of their work, the experts conceded the incongruity of the situation and spoke of judicial reforms.

They argued that reforms would follow in the legal system as pressure builds up. But that, critics say, is like putting the cart before the horse, especially considering some recent trends in labour-related adjudication and judicial orders.

On the other hand, experts say it is important to note that the associations seeking to change the rules are made up of industrialists who are themselves often subsidised by taxpayers in any number of ways.

Apart from receiving concessions in tax and costs of land and other public resources, many have been notorious in building up lakhs of crores of rupees of India’s Non Performing Assets– a euphemism for unrepaid loans.

Unlike tens of thousands of debt-ridden farmers who end their life unable to face the ignominy, no one appears to have heard of NPA defaulters making such choices.

Experts agree that the government must strike a balance. Citizens must not only be proclaimed to be equal, they must also be treated as equals. Just as workers must work, so must employers manage properly and pay wages.

Any failures or abuses, including manipulation of unions, must lead to consequences, they say.

Laws and fora must be put in place or firmed up to deliver justice in time– not at leisure, experts say.

UNI MJ TBA RP 1454

Related articles

Holding Sailors To Ransom ! – By Mukesh Jhangiani

                                                                                                              March 10, 2011

English: Map showing the location of the Gulf ...

Gulf of Aden located between Yemen and Somalia. Nearby bodies of water include the Indian Ocean, Red Sea, Arabian Sea, and the Bab-el-Mandeb strait (Photo: Wikipedia)

Holding Sailors To Ransom !

By Mukesh Jhangiani
United News of India

New Delhi (UNI) – Two years after India’s Supreme Court questioned government handling of high sea piracy involving Indian lives, protesters again drew attention this evening to the plight of seamen held hostage by Somalis in the Gulf of Aden.

”Kuchh nahin! Kuchh nahin! (nothing! nothing!),” was how Sampa Arya, wife of an Indian hostage described Prime Minister Manmohan Singh’s response to her pleadings to intervene in the situation.

An Egyptian cargo ship, Suez, was seized by pirates in the Gulf of Aden on August 2, 2010 despite barbed wire and fire hoses, not to mention three anti-piracy warships cruising within 40 miles.

The Panamanian-flagged ship with a crew of 24– six of them Indian– was eastbound towards the Suez Canal.

Wife of third officer Ravinder Singh Gulia, Mrs Arya broke down in a telephone interview when she was asked about any assurance she received from Dr Singh.

Sobbingly, she spoke of tortures inflicted on her husband and other hostages. ”They hit him on the knees. It is paralysing. He is not allowed even basics.”

Relatives and friends assembled at Jantar Mantar in the evening for a vigil discussed the passing deadline. The captors have demanded $4 million for release of the Indian hostages, they said.

”The deadline for Suez is over today. We are worried,” said second officer Akash Verma, adding with a touch of urgency that ”a solution must be found.”

Their key concern: the Indian authorities put pressure on the Egyptian owners of the cargo ship to pay up and free the hostages.

Barely a mile away, Parliament was told 49 ships were hijacked from international waters off the Indian Ocean in 2010 and that 38 Indian crew were still captive aboard four ships.

Answering Congress member from Kerala P J Kurien, Shipping Minister G K Vasan recited such steps as deploying naval ships, alerting other forces in the region and waging a multilateral campaign.

Three other ships Vasan listed: Iceberg-1 hijacked on March 29, 2010 with six Indian crew, Rak Afrikana, hijacked on April 11, 2010, with 11 Indian crew, and Asphalt Venture hijacked on September 29, 2010 with 15 Indian crew.

Somali acts have threatened international shipping over the past several years but experts say efforts to counter the sea brigands appear to suffer in more ways than one.

”The Somali situation does not seem to strictly qualify as piracy under the Law of the Sea convention 1982,” says former Additional Director General of Shipping and Nautical Adviser J S Gill, adding that the wording ”may hamper charging a person as a pirate.”

Mariners say Somali activity has spawned a whole new mostly-Western industry for insuring vessels at risk with ever-increasing premiums.

That and other factors such as the data intelligence Somalis seem to possess or lawyers quick to rise to their defence on arrest suggest a new dimension– of an ‘organised under-world.’

Far from being sea pirates hunting for victims, they sometimes seem well-informed about their potential targets to the point of knowing for instance the cargo on board and the exact number of hands a vessel set out with, seafarers say.

Seema Goyal, the wife of a former hostage, suggested the need to sanitise the Gulf of Aden– a suggestion echoed by several officers.

Captains I Solanki, T K Dhingra, P Sarin, P K Mittal and I Kharbanda stressed a cordon to ensure that brigands cannot come out to attack.

UNI MJ PS 0019

PM Underscores Tackling Corruption In Judiciary – By Mukesh Jhangiani

Manmohan Singh

Manmohan Singh (Photo: Wikipedia)

                                                            March 11, 2006

PM Underscores Tackling Corruption In Judiciary*

By Mukesh Jhangiani
United News of India

New Delhi (UNI) – Corruption in the judiciary and court delays were counted by Prime Minister Manmohan Singh today among common litigants’ problems that must be examined and remedied.

”Instances of corruption have now begun to surface in our judicial system, too,” Dr Singh remarked, opening a conference of state chief ministers and high court chief justices at Vigyan Bhavan.

The conference centring on Justice: Accelerated and Affordable heard a keynote address by Chief Justice Yogesh Kumar Sabharwal promising ”zero tolerance” to corruption and a welcome address by Law and Justice Minister Hans Raj Bhardwaj.

The Prime Minister emphasised that ”an important aspect of the reform and modernisation of the judiciary and improving the incentive mechanism, is to tackle corruption in the judiciary.”

Dr Singh said the prosecution trend where cases ”fall because witnesses turn hostile or change their evidence is causing concern to ever increasing sections of society.”

The allusion applied to the infamous Jessica Lal case outcome– absolving all nine accused in a murder committed in a packed bar room seven years ago.

The outcome sent a wave of shock across the nation, leading to calls for an effective system of justice which actually punishes criminals and violators and relieves victims.

The widespread public concern was acknowledged by the Prime Minister who stressed ”need for all of us to reflect whether the existing procedures are adequate and foolproof.”

Dr Singh called for an introspection ”whether we are using all available provisions to prevent deviant behaviour and whether we need new provisions in law so that the justice system is seen to deliver justice.”

Speaking as a ”lay man,” the Prime Minister said ”apart from delay in settlement of cases, lengthy court procedures, frequent adjournments, evidence taking procedures, corruption in the judiciary is also a problem of public concern that we must address.”

Dr Singh referred to the ever mounting court case arrears– currently close to 30 million– a problem which ”requires urgent attention.”

Acknowledging that the ”criminal justice delivery system appears to be on the verge of collapse due to diverse reasons,” Justice Sabharwal asserted that ”some of the responsibility will have to be shared by the executive branch of the state.

”Not much has been done for improvement of the investigative and prosecution machinery. Significant suggestions for separation of investigative wing from law and order duties and changes in rules of evidence still lie unattended.”

Justice Sabharwal noted that the public outrage over the failure of the criminal justice system in some recent high profile cases ”must shake us all up into the realisation that something needs to be urgently done to revamp the whole process, though steering clear of knee jerk reactions, remembering that law is a serious business.”

Justice Sabharwal said the main reason for persistent pendencies ”is huge increase in new cases instituted,” adding that it reflected ”more awareness and more rights created by numerous new legislations.”

But he cautioned that if the huge arrears of about three crores in high courts and subordinate courts is not tackled now there would be ”no magic wand available to tackle the menace” when they climb to three and a half crores or four crores. ”We have to turn the tide now. It is now or never.”

Justice Sabharwal said while judiciary was held responsible for mounting arrears, it neither has any control on resources of funds nor any powers to create additional courts or hire staff.

He suggested giving high courts at least ‘limited financial autonomy’ and backing up judicial efforts to bring about urgent legal reforms so as to galavanise the system to ”provide complete justice” instead of subjecting vital proposals for procedural laws to endless debates.

The Chief Justice said the judiciary ”craves for full support from the government. The process of appointments of judges in the high courts at the level of government needs to be expedited.”

He said the topic of corruption was a burning issue in all spheres of public life. The judiciary was committed to continue cleansing itself by coming down with a heavy hand on unscrupulous elements that may exist within and also by removing the deadwood. ”We have adopted a policy of zero tolerance on this subject.”

Referring to the outcomes of past such conferences, Justice Sabharwal said, ”we have been cajoled enough to sit up and take notice. It is time we proceeded to stand up and take action.”

The delays in filling judicial vacancies was acknowledged by the Law and Justice Minister who said the working strength of judges in courts needed to be ”optimised.”

Mr Bhardwaj said that ”though there are still about 100 vacancies of judges to be filled up in various high courts, we could achieve (an) all time high of incumbency, which is 560.”

India’s 21 high courts between them have a total sanctioned strength of close to 700, but remain perennially underfilled.

Mr Bhardwaj said that in district and subordinate courts, too, 2,655 of 14,305 judicial posts were vacant and urged participants to take timely action to fill up vacancies.

Earlier, the Prime Minister urged the Chief Justice and his colleagues to ”lead and guide the judiciary to achieve the formidable goal of reducing pendency and providing speedier and more affordable justice to the common man.”

Dr Singh declared the central government’s ”full support” in this endeavour and also urged the Chief Ministers to make available the necessary infrastructure needed by courts to ensure their effective functioning.

He stressed the need to maintain credibility of the system, improve the utilisation of existing laws and regulations, effective mechanism to ensure judicial accountability and a balanced approach in taking up PIL cases.

Underlining the need to exercise restraint in judicial activism, Dr Singh observed that it must also take adequately into account the administrative viability of the reform process.
UNI MJ NK DS1527

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