Comments on: You Have Got It Wrong, Mr. Prime Minister

By: Alok Sheopurkar

Alok Sheopurkar — Fri, 02 Oct 2020 08:36:48 +0000

Thought-provoking and Very well scripted. Being an eternal optimistic, I believe while the number of forums reduction in labour code may bring down justice delivery lead time (though may not be at the desired level) however these may not be the last reforms hence the speed of justice could be the next. Unlike Aligarh lock manufacturing industry where the key is made before lock, I think reforms will only follow the requirements with a big gap. Sooner than later government mechanisms would be more proactive and hopefully that day justice delivery will not have latency. Till then we will lean on eminent thinkers like you to enlighten the path and remind the society that here lies void and fill it faster….

By: Arvind Shrouti

Arvind Shrouti — Mon, 28 Sep 2020 08:05:41 +0000

In my above response the date instead of 25th September, by mistake it is written 25th November 2020. Please forgive for the same.

By: Arvind Shrouti

Arvind Shrouti — Mon, 28 Sep 2020 07:54:02 +0000

Dear Vivek,

Thanks for reminding of excruciating delays in India’s judiciary and the justice system, especially in labour matters. Millions of workers are dependent on the legal system have to bear the brunt of delayed decisions and denied justice. I experienced that the issues like illegal termination takes around 15 years. In one of the Company, 6 workers were given charge sheet along with pending enquiry suspension in the month of Jan 2017 and the enquiry report is given by the Company on 25th Nov 2020 saying that all 6 workers are guilty and decided to terminate them. Now, the matter will be referred to court and based on the past experience it will take minimum 10 years. Same experience is with the issue of “General Demand”. In one of the Company, the union submitted its Charter of Demand in the year 2001 and matter was referred to conciliation in the year 2002. In the year 2003, conciliation officer given failure report and referred to Industrial Tribunal for adjudication, the matter was pending before the Industrial Tribunal till 2013 and finally union and management settled the issues out of the court. There are millions of such cases. The Indian judiciary is infamous for the pending cases piled up in its closet, which, according to a 2018 report, are estimated to be around 30 million.

I would like to point out that one of the main reasons behind the delay in delivering justice is the lack of an adequate number of judges. Further, vacancies of judges don’t get filled up for the longer period. “Inadequate number of judges ends up overburdening the legal system in our country. I have seen cases piling up year after year, gathering dust, with no judges present to deliver justice on time. I have always believed that delaying a case for an indefinite time is great injustice to the victims. Law cannot be taken into one’s own hands and neither is it practical. However, in such a situation, there is a dire need for the judicial system or labour systems to respond rapidly and ensure timely justice to all. It is unfortunate that PM is not talking about the same and you are right by saying “You have got it wrong, Mr. Prime Minister”

Arvind Shrouti

By: SANKARA RAMAN

SANKARA RAMAN — Mon, 28 Sep 2020 01:40:57 +0000

Where did he get it wrong? As you have recapitulated the labour reforms have been deferred over several decades . Obviously for political gains. A daring attempt is made to bell the cat which is not to be decried Long accepted ‘Justice delayed is just denied ‘ . Means of expediting judicial processes need to be tackled. This is again not a new issue. Let us not put spokes whenever a long pending reforms are attempted.

By: Gvjoshi

Gvjoshi — Sun, 27 Sep 2020 16:59:10 +0000

You have made very valid observations/comments. Justice delayed is justice denied. In the bargain, weak (In this case workers) unfortunately suffer. This is a reality. Strengthening of legal system to deliver justice in time would help as mentioned by you. Hopefully people in power would take notice and do needful. Time inverses logic gave new insight.Thank you for the blog. Regards

By: Joseph George A

Joseph George A — Sun, 27 Sep 2020 10:37:34 +0000

In democratic societies, Justice has often upheld equality between people. What is being said is given credence over ‘who’ says it. Audi altarem partem, was considered a substantive principle of natural justice. Gabriel Marquez remarked in the late 1980s and early 1990s, that ‘loudspeakers’ want to hear their own voices. Authority speaks at you than with you. Does not matter if the fall is from the second floor or the 20th. Voice. “By love that closes its mouth before calling a name”. Am seized by the prisoners of sound. We’ve neglected how we sublimed our collective unconscious in projections on singular figures. We will most likely as a society need to offer a second history to the aggrieved.
In your book, time inverses logic. In the book I am reading ‘Time is a blind guide’.

By: Vilas Dhavale

Vilas Dhavale — Sun, 27 Sep 2020 09:31:56 +0000

Brilliant! You made a fundamental point thereby making all discussions on acts & clauses redundant! Our experience tells us when you advice anyone it is never followed. If ask anyone to listen s/he promptly plugs ears. You are asking PM to listen. You are an anti-national and will soon be slapped a court case for instigating. Hope you are not arrested.

By: Arvind shinde

Arvind shinde — Sun, 27 Sep 2020 09:30:34 +0000

Sir Very studious post. Keep it up

By: Anjali Kanitkar

Anjali Kanitkar — Sun, 27 Sep 2020 08:59:29 +0000

True and thought-provoking!
Unfortunately, the PM is more inclined to speak than listen, Vivek!