State of Education?

Irrespective of criticism about judicial activism in INDIA etc., it is to be admitted and I strongly believe that judiciary in India has intervened in some very important issues of societal and national interest.  According to me, along with many good interventions and interventions which were being criticized, judiciary has commendably tried to say that ‘imparting education’ is not a business activity. There were land-mark judgments on the issue of ‘imparting education’. Judiciary had to deal with the issue of autonomy of Private Educational Institutions, autonomy of Educational Institutions in fixation of fees and enrollment of students. This issue was and is being discussed at many levels in INDIA among right thinking citizens and even the leaders.

Barring some autonomous and well reputed institutions, people are preferring to get into Private Colleges of some reputation considering the chances of placements in future. It is a fact that education has become a business and it is quite natural for the business people owning educational institutions to argue that they should be given powers to fix the fees and decide the issues of enrolment. In a business, everyone wants to make money.  There is a reason and logic as to what the Private Institutions are saying. Even the judiciary, according to my limited understanding, has endeavored to strike a balance between two competing interests of ensuring affordable education to the people and at the same time, allowing the institutions to raise money to maintain the institutions as government do not pay them, in most cases, as per their demand. Fixation of fees in Higher or Professional Educational Institutions has become most complex issue today in this country as I understand.

Government institutions, barring few, have become less effective in convincing the people that they will impart good education and; on the other hand, the Private Educational Institutions are succeeding in attracting the students through advertisements, campus placements etc. There was a time where Government Educational Institutions have imparted superior quality of education and many believe that a lot has changed now. Many also believe that even the Private Educational Institutions, barring few IITs, IIMs and other institutions, failed to replace the quality of education imparted in government institutions in the past. This seems to be a fact. Many brilliant scientists, IAS and IPS officers were the products of Public Educational System only.

It is the responsibility of the state to get a good model of educational system, at-least, at higher or professional educational level, wherein the talented can get enrolled irrespective of his economic status. There are opponents of reservation system etc. though publicly these people make politically correct statements like ‘historical mistakes’ needs to be corrected. In any case, these sensitive issues are normally being looked-into and settled by the judiciary.

The point is that Higher or Professional Education has become so costly for the poor children or students to pursue irrespective of his or her community. That student may be from the so-called forward community or the so-called backward community. Even if a student possesses extraordinary talent, he or she is not in a position to get educated in our medical and engineering colleges due to exorbitant fees. This fee structure, regulatory mechanism, the role of State Governments in providing assistance to the students is a different issue altogether and these issues may vary from state to state. These issues are so complex, but, I believe that the best system can be brought-in in future and obviously, this issue will also be thoroughly discussed in the country one-day.

A poor student, even if he or she is talented, has to beg others, has to give paper advertisements or should get sponsors for paying his or her fees. What kind of system is this and what is the point in talking about 9% growth with this kind of system if the growth does no benefit to the people on the ground. Are we treating our talented and gifted poor students as beggars? Is this system only for the rich?. Rich are capable of getting marks, certificates, seats through management quota even if they don’t deserve to get the degree. It doesn’t mean that rich are not talented. The point is that they are capable of buying anything in our system and even if marks are manipulated with the computer system maintained by the universities, it may go unnoticed.

In this country, no poor student should be denied of opportunity of education just because he or she is a poor. If a student is deserved, he or she should be in a position to afford education at-least.  Identifying poor may be a different issue again, but, at-least the governments should sponsor Private Educational Institutions with a tough regulatory frame-work and so that the fees can be affordable to a large section of people. If undeserving rich wants certificates, then, let them pay huge fees in the management quota and get the certificates. They know as to how to get the things done in our society.

Apart from the issues of 9 or 10% growth and related sophisticated arguments, the ground-realities in the society are also to be considered by the political leaders, political parties in a democracy.

I strongly believe that there will be a good model of higher and professional education in this country wherein fees are affordable to every common man or students from not so privileged background subject the criteria of talent or rewarding the best.

Political system can not shut its eyes to the ground realities in the society.

Visionary leadership of all the leaders and political parties in INDIA should be to benefit the whole system.

Making sophisticated and beautiful arguments does not benefit the people on ground or society at large if the argument fails to convince the common-man or a large section of people. Sophisticated arguments can get the support of media, industry, and, so-called intelligentsia, but can remain illogical and far from ground realties.

There is no doubt that if INDIA has to be strong, then, all 1.2 billion people should feel strong, safe and fair-play in governance.

Note: the views expressed are my personal and do not represent anyone or organization.

Caste in Indian Society?

Caste is a monster that allows people of a particular caste to discriminate other caste people on illogical grounds.  If caste discrimination appears as barbaric to the present generation, one should imagine the humiliation of our older generation in facing this barbaric practice. Even in this technological age, with globalization and all-round growth, there are people supporting existence of caste system. Its very unfortunate. 

There can be people with worst mind-set in every community and; there can be good and exceptional people in all the communities. Caste may not have anything to do with one's good or bad qualities. But, with continuity of certain practices historically, some communities must have developed certain qualities. These things will certainly change. For example, traditionally, people who are in the business of kirana or retail business tend to value money alot and they do not spend money easily. On the contrary, people who make money easily tend to spend money alot. These things appear to be realities. However, today, people of every community are entering into every other profession, barring, may be, archakatva. 

However, I strongly believe that this barbaric caste system will go and caste discriminations will come-down. Inter-caste marriages are on rise already and especially among educated class living in cities. Its highly welcome thing and I strongly believe that inter-caste marriages would be routine one-day and caste becomes irrelevant. 

It may take time, but, I believe that caste will become irrelevant one-day.

But, even-today, caste is a reality in every aspect of life. Discrimination may not be so apparent now-a-days, but, discriminative mind-set is there in-side among many even today. 

People are afraid in cities and towns now-a-days to discriminate people openly. This open discrimination may still be prevalent in villages and in some areas of some states in India even today. 

In politics, one may have to be realistic and thats why, even the crusadors of anti-caste movements, at-times, appear to be noting caste equations. 

It is very important to ensure that the oppressed communities gets best quality education and so that, they will be in a position to compete with other communities or so-called forward communities. Reservations have certainly helped SCs and STs to improve their lively-hoods and it has reduced caste discrimination.  There can be people criticizing reservations on many grounds and at-times with right reasons, but, they might not have seen the social realities and struggle. 

With all-round growth, globalization, movement of people from one place to another, growth in literacy rate; I strongly believe that caste will disappear from this society one-day and it may take another 20 to 30 years. But, it is certain that caste will go.

Note: the views expressed are my personal and do not represent anyone or organization. 

Perceived tensions between Executive & Judiciary?

Often media and people in general perceive tension between judiciary and executive whenever either High Court or Supreme Court gives a direction to the executive or the Government in a political sensitive matter. But, this tension is only a perception and nothing more.

Each-day, hundreds of writ petitions are filed in various High Courts in this country and in each writ petition, either the government or the governmental organ will be a party to the proceeding while a citizen becomes the petitioner. High Courts can give directions to the Government on various issues. The usual grievance against the Government is that they don't implement the court orders with true spirit and rather tries to either dilute the direction or ignore it. What can a citizen do when a court direction is ignored?. He can do nothing except to again file a writ petition seeking implementation of earlier direction or initiate very confusing and lengthy contempt proceedings. This is how, citizens or public spirited citizens are harassed by the Governments and this is no secret and everyone knows this. 

Courts can not punish people for contempt so easily and in many cases, un-conditional apology becomes a big defence. 

But, in politically sensitive matters and in cases where media follows-up, Government will have to respond to public perception and even the Courts will be in a position to ensure implementation of its directions so swiftly.

Constitution is supreme in this country as settled by the Supreme Court. Doctrine of separation of powers are very clear and even then, this perception of tension between executive and judiciary often comes-out in the open. 

Courts are also very clear and careful; and they normally do not enter into executive/legislative domain except in exceptional cases. 

Even the judges of High Court are very careful in exercising their precious power under Constitution as judges can not be removed so easily except by impeachment once appointed. 

There is a perception in the recent past that quality is being compromised when it comes to judicial appointments and this is also a reason for seeking reversal of 'collegium system of appointments' and so that executive can be questioned for bad appointments. Now, even if someone is disappointed with some appointment, he can do nothing as the judges in the 'collegium' are not elected representatives being accountable to the public in a democracy. 

Political favoritism is  an allegation leveled often against some judges and these issues are discussed by the legal fraternity very routinely. No political party, according to me, or even a Senior Advocate is entitled to speak on these issues as they know as to how this system functions. 

Many do not understand as to how judiciary can resist this move of reversing 'collegium' kind of appointments in view of public perception and many speaking against the current system. 

I don't think that, in India, there is a scope for tension between executive and judiciary. Balance between 'judicial activism' and 'judicial restraint' would be maintained. If judiciary is disappointed with the executive in implementing its directions in true spirit, the judiciary can pass very lengthy judgement criticizing the executive and it becomes a part of record and nothing more can happen in this country as everyone knows.

Note: the views expressed are my personal and do not represent anyone or organisation. No disrespect to courts or judges. 

LEGAL REFORMS - Justice to Common Man denied?

When it comes to the issues of judiciary, media and even political leaders always focus on the way in which the High Courts or Supreme Court exercises their power under Article 226 and Article 32 of the Constitution of India respectively. The focus comes only when there is a politically sensitive issue is involved. 

But, this argument of 'judicial activism vs. judicial restraint' was there, is there and will be there in future also. 

It is quite possible that the judges of Higher Judiciary can have some ideology or some political ideology and it may reflect in their decision making also though it is very difficult to prove the point actually. Its a highly complex subject and this issue will continue to be debated in future also.

Referring to judicial activism in political sensitive matters, leaders or people always talk about judicial appointments and now-a-days, are speaking against 'collegium system of appointments'.  I am sure that this 'collegium kind of mechanism' will be reversed in future. Its an illogical process according to me and it suits the executive or political parties the most. With this system, the criticism is that the political parties or the executive can influence the decision making without any accountability or responsibility.  There are issues with higher judiciary those needs to be addressed. 

We need not think that much about the decision making in political sensitive matters as it will not take the country anywhere.

The bigger problem for common-man is about justice delivery in routine matters like property disputes, promissory-note disputes, contract enforcement etc. These are the routine matters of common-man.  Rich or the business people can prefer arbitration mechanism or even they can ensure getting their point heard by engaging costly lawyers. But, common-man can not do this and he is confused with the costs, the delay and the procedure. These are real issues which have nothing to do with politics etc. and these issues need to be addressed with a clear vision. 

The real issues in judiciary, according to me, are about standards in law-colleges, standards in young law graduates, quality of judicial officers at lower-level, accountability in lower-courts, having a competent and full-fledged anti-corruption mechanism over-seeing the corruption issues in lower courts, transparent mechanism in filing and conduct of proceedings.  Again, our procedural law requires some drastic changes and we should completely abolish the provision of second appeal in ordinary civil cases along with many other measures. Law of evidence may also require some changes. I don’t understand as to how we can support ‘Alternative Dispute Resolution Mechanism’ like Arbitration and at the same time, can resist simplying the procedural laws in courts.

Rich will never have a problem with our court system or may have minimal problems. But, poor people will have all the problems with our court system and if they experience our court proceedings once in their life time, then, chances are very less for them to again come to courts. This is a reality. Only because of failure of court systems, police are involved in resolution of civil disputes; and civil disputes lead to increase in goondaism as people at times prefer to get their disputes resolved through ‘panchayats’ paying some commission.

On the civil side, we should bring proper reforms or systems with planning and the purpose may not be solved solely by creating of ‘many courts’ or ‘fast track-courts’.

When will these changes come, we can’t say, but, we should bring some changes in our legal system and so that, common-man gets the much required justice.

Systems can be brought only with the effective co-operation and co-ordination among central government, state government, judiciary and legal fraternity. It’s a very complex subject and even our top-politicians-cum-lawyers must be aware of the problems though they might have been involved in their career largely with corporate or political litigation. Shri Gopal Subramaniyam has initiated right kind of measures through BCI (Bar Council of India) in order to preserve quality in legal profession. I doubt measures continuing or producing results as the system is completely rotten.

When it comes to criminal justice system, there are umpteen problems. What this system can do is that it can ensure good quality judicial officers, can ensure transparency, and can check rampant corruption at lower level especially. But, there are some problems, which are beyond anyone’s control.

It may not be entirely right to blame police though it is a fact that the shady investigations take place, and corruption is a reality.

But, in many cases, they do good job and in-fact, will file charge-sheet as early as possible and in most cases, police would file charge-sheet within 90 days.

But, police can do nothing if witness turns hostile at a later-stage and with these issues, even the water-tight-case gets weakened. But, due to these issues, criminal law principles like ‘proving the case beyond doubt’ etc. can not be changed as there is a great logic behind those settled principles.

It requires a greater understanding of the whole legal system, if we need to bring proper legal reforms and ensure affordable, hassle-free and timely justice to the common-man.

Hope one-day, the system will change and focus will be on right kind of issues.

Correcting our ‘justice delivery system’ is a huge subject and requires greater focus. But, focusing only on politically sensitive cases or sensational trials, are of no use to common-man.

Note: the views expressed are my personal, do not represent anyone or organization, no disrespect to anyone and views are expressed only in public interest.

Education & Healthcare costly?

Everyone knows the state of our elementary, primary and secondary education in this country. Barring some convents and well-run government schools or aided schools depending upon the management or the head of the school or the local authorities there, poor children are certainly being denied of affordable quality education. Even very poor people are forced to send their children to convents paying huge fees even-though it remains a huge burden on them. Poor people are thinking that the Government schools can not offer good quality education and there is no meaning in sending their children to state-run schools. They have two options. One is to spend huge money some-how and get their children educated in private schools and secondly, planning an alternative lively-hood for their children which does not warrant academic qualification. This is the reality today unfortunately. If we think as to how to correct this menace, its a difficult issue. In some cases, there is good infrastructure and faculty; and the facilities are being under-utilized. In some cases, there is no infrastructure, planning or faculty. Its a huge problem and we can not deny basic and affordable education to our children. State Governments have a huge role to play in providing good quality education to the children in Government or aided-schools.  Recruitment of quality faculty is another bigger issue that needs to be addressed. State Governments should focus on recruiting good quality teachers, and then, should have a proper and workable plan in order to ensure good quality education to poor children in Government Schools. I don't think that rich and middle-class prefer sending their children to Government Schools now-a-days and even poor people do not prefer to send their children to Government schools. If recruitment in Government Schools are to be improved and the public confidence to be regained, then, Governments should have a plan to recruit good quality teachers and then, should focus on English subject also and so that, at-least a student will be in a position to understand English by the time he reaches 7th standard.  Every Government School should have a computer lab and a lady instructor to teach basic computer skills from 7th standard.  Funding is not a problem at all for the State Governments.  Funding will definitely come as we will continue to grow for the next few years and there will be increase in revenue. If we can distribute lap-tops and can promise unemployment remuneration, then, I don't think that funding a Government School for basic infrastructure and computer lab facility is a big issue. 

Imparting quality education to poor children may not be a election issue, but, its a big social responsibility and its about the future of our nation. We can not deny education to our children just because they are poor. Instead of talking about un-employment remuneration, we should give incentives to poor families for sending their children to school. If the Government plans to improve the recruitment in government schools and focuses on quality, I don't think the 'Teachers' Association' will oppose these moves. Because, if recruitment of children in Government Schools comes-down to a threshold percentage, then, there may not be any fresh recruitment and it will be difficult for the Government to recruit teachers afresh and give them salaries without any work. State Governments can make this as an election issue also by planning events in villages and small-towns through Government machinery and by going for adds in the local channels. 

Actually, State Governments should think about bringing a regulation that anyone who wants to be recruited as a teacher should compulsorily send their children to either Government or state-run schools. If we bring this kind of regulation to all the government employees, then, the whole education in Government schools will change automatically. We need to do something to address this problem. 

There is another problem with percentage of marks. Private Schools focus on getting good percentages and there is a perception that marks can be managed with the concerned boards. As weightage is given to percentage of marks, schools are competing to get percentages some-how and private schools are very good at this. At the national level, there should be a debate on this and we may have to think about not giving any weightage to the marks in getting admissions to colleges and for government recruitments. If we give weightage to marks, our private schools which are pure business entities can some-how get the percentages; whereas our Government Schools may not be bothering at these issues. Its another big malice. Our problem is that our educational ministers may not have any greater understanding or concern at these issues and still may claim to be an educational minister administering education in a particular state. Very unfortunate, but, its a reality. Our educational system is in a total mess and there is no discussion and there is no intention to correct this mess. 

One-thing is sure that education has become so costly and there is a bad perception about the education being imparted in state-run schools. If poor people have to spend huge money on their children's basic education and on health-care, coupled with inflation factors, there won't be any savings and actually, this is what is happening in most parts of the country. Poor people, now-a-days, are not sure of getting their children educated due to cost and other factors. 

I strongly believe that situation will change one-day and there will be a nation-wide debate on this issue with clear intention. There is no point in being happy at 7% or 8% growth if we don't understand the ground realities and as to what the people are feeling. 

Health-care is another bigger problem. However, as it seems, the only option for affordable health-care is to produce enough quality doctors and providing incentive to them to start their own practice. So that, there will be many hospitals in small-towns and major villages, and as such a result cost factor will come-down. Understanding medical issues is complex and even doctors do not understand certain issues. People may not be in a position to understand medical issues and demand accountability either in Government-Hospitals or Private Hospitals. Expert doctors, who believe in helping the society, should come-out and offer good suggestions to the Government and Government should listen to them. For example, Dr.Jayapraksh Narayan of Loksatta is doctor and understands medical issues and can offer suggestions as to how to improve our health-care. We need to effectively utilize the knowledge and understanding of this great people. 

Good quality and affordable education should remain as a focus issue for every citizen in this country irrespective of caste and religion etc. Its a very important subject than even health-care. 

Dr.Ambedkar could contribute so much to the society only because of his education and we may loose so many Ambedkars if we forget providing good quality education to poor-children. Since Dr.Ambedkar is affected by barbaric social practices existed then, he has done so much to improve the social conditions of dalits and they are a big political force today. In the same way, chances are high that if people who knows poverty assumes significant positions in society, they will transform this society in true spirit while some of the people with rich-background acts as if they are social-reformers for name and fame. 

Note: the views expressed are my personal and do not represent anyone or organization. 

Education to the POOR CHILDREN?

With the growth and growth in middle-class, people are spending lot of money on their children's education. Even the lower middle-class people prefer to send their children to convents paying huge donations and other fees. At times, even the poor people, with their quest to get their children well educated, are sending their children to convents. People have lot of options now unlike a Government School in a particular locality. If people feel that their children are not getting good education in a particular convent, they will immediately change the convent. Its a good-thing on one hand. Convents do make lot of efforts to attract children and the only way to attract children is to offer good quality education. Its a competition among private schools and its the situation in many parts of the country as I think. Parents will question the managements in private schools as fairly enlightened sends their children to convents. 

But, on the contrary, very poor children go to Government Schools now. The parents of these children are not enlightened as they are very poor, uneducated in most cases and for them, their livelihood comes first than the future of their children though they must be concerned at the future of their children.  

Certainly, many programmes like mid-day meals must have encouraged many families to send their children to School. 

Education to the poor is not an election issue now though it remains a very important societal issue. 

Very good administration of Government Schools may not result in increase of votes for the political parties. But, its the social responsibility of every citizen to think about education to everyone and especially to poor. For State Government, nothing is more important than ensuring good quality and affordable education to the poor children. 

Government School teachers also do not prefer to send their children to Government Schools and no Government employee, in my opinion, sends their children to Government Schools, now-a-days. 

There is no one to question the managements and teachers in Government Schools and thats why, its most neglected now-a-days. Many feel that we need to have out-of-box thinking as to how improve the education standards in Government Schools. There should be a comprehensive plan. Teacher Training should be good and teachers should be made responsible to impart good quality education through various methods. 

Again, English subject is another area. People give lot of importance to English subject now-a-days and as English is not taught as required in Government Schools, people do not prefer to send their children to Government Schools. If there are no English medium-government schools, then, at-least, Government Schools should be asked to teach English subject well to the children and so that, at-least, by Xth standard, these children will be in a position to peak and write good English. 

All appreciation and credit needs to be given to the Schools run by Trusts offering good quality and affordable education to poor people. These trusts needs to be encouraged by the Government. All appreciation goes to great people like Shri Ajim Prem Ji who shows keen interest in offering good quality primary education to poor children spending lot of money.

Irrespective of politics, political advantages, education to poor children can not be neglected. Its for the States to implement a proper plan as they will have all the information about the availability of schools and many other issues. 

There can be people making foolish argument that we need people to work at all stages like even clerks and so that, nothing to worry about education to poor children or English education to poor children. These kinds of arguments can not be accepted. 

Education is a fundamental right and its the important responsibility of the Government to ensure good quality education to every child in this country. 

Some State Governments are spending lot of money on various issues like free lap-tops and giving un-employment remuneration etc. But, these kinds of schemes can not be vote catchers going forward and I think that the political parties are overestimating the impact of these kind of schemes. Its virtually impossible to ensure providing free-lap top to every eligible person in a state like State of Utter Pradesh, and in that background, these kind of schemes can not be game-changers. Going forward, we can not underestimate the thinking of the people and every political party needs to present a logical argument to the people. Its not 1990's and thinking and understanding of the people about politics has also been changed and changing slowly. Mindsets are changing slowly and situation will be completely different after 5 years from now. There are other schemes like providing fee-power, house-construction loans, well though-out loan waivers etc. and those schemes can be appreciated at times. Because, free-power to farmers, if possible, can increase the productivity, can provide employment to the rural poor. House Construction directly leads to employment to the poor people in rural areas and villages. 

Hope that we will be able to see a situation one-day, where this society focuses on the need to provide good quality education at affordable costs to the poor children. These poor people are voiceless and its the responsibility of the leadership to speak on-behalf of the voiceless and provide voice to these people irrespective of political advantages. 

Note: the views expressed are my personal and do not represent anyone or organisation.