Wednesday, September 19, 2018

Some notes from the law commission report

An evening with nothing to do. Pakistan is slitting throats of Indian troops on the border and another group of idiots is watching a match with terrorist nation. Yes, no terrorism coming in the way of sports bullshit. So I decided to spend the time well reading the Law commission report. These are the comments that caught my eye.

Para 1. 3
In the absence of any consensus on a uniform civil code the Commission felt that the best way forward may be to preserve the diversity of personal laws but at the same time ensure that personal laws do not contradict fundamental rights guaranteed under the Constitution of India

Para 1. 4

Therefore, it is urged that the legislature should first consider guaranteeing equality ̳within communities‘ between men and women, rather than ̳equality between‘ communities.2 This way some of the differences within personal laws which are meaningful can be preserved and inequality can be weeded out to the greatest extent possible without absolute uniformity.

Para 1.5

The fact that secular laws such as the Special Marriage Act, 1954 also continue to suffer from lacunae suggests that even codified or religion-neutral laws offer no straightforward guarantee of justice. 

Para 1.15

This Commission has therefore dealt with laws that are discriminatory rather than providing a uniform civil code which is neither necessary nor desirable at this stage. 

Para 1.19

Thus, while framing a law it has to be borne in mind and cultural diversity cannot be compromised to the extent that our urge for uniformity itself becomes a reason for threat to the territorial integrity of the nation. 

Para 1.20

India has historically prided itself over its diversity. Conversations on ̳secularism‘12 and also ̳multiculturalism‘,13 have intrigued not only philosophers, political scientists and historians but also common Indian citizens.
 Para 1.21

The term secularism only has meaning if it can also assure that the expression of any form of ̳difference‘, not just religious but also regional does not get subsumed under the louder voice of the majority; and at the same time no discriminatory practice hides behind the cloak of ̳religion‘ to gain legitimacy.

Para 1.35

Thus a ̳united‘ nation need not necessarily have ̳uniformity‘ it is making diversity reconcile with certain universal and indisputable arguments on human rights.
Overall, so far the tone is basically arguing for 'diversity' - basically putting away any chance of any reform. The report then delves into obscure tribes and practices and so on and so forth (very informative, I had no idea about these)

Para 2.3 is a gem I thought :)

For instance, the relatively easier procedure of divorce under Islamic law for men and women is also reflected in the relatively open attitudes towards remarriage of divorced and widowed women, a right that most Hindu women achieved through legislation. However, once the legislation was in place, Hindu law evolved through a series of piecemeal legislative interventions on recognition of women as coparceners in 2005, recognition of diverse customs within the Hindu Marriage Act (Madras Amendment) 1967 incorporating priest-less marriages among many others. Amendments to Christian marriage and divorce laws in 2001, and Hindu Adoption and Maintenance Act,1956 and Guardians and Wards Act, 1890, in 2010 are also examples of how once codified, personal laws can be opened up for further public debates and scrutiny. Thus, history shows that amendments to codify personal laws is not only a tried and tested way of bringing targeted social legislation but also of developing jurisprudence on family laws.

Post that it rambles along all types of laws - Hindu, Muslim, Christian and Parsi, throws mud at HUF using the link of an article in The Hindu: 

However, today, when it has been seventy-two years since independence, it is high time that it is understood that justifying this institution on the ground of deep-rooted sentiments at the cost of the country‟s revenues may not be judicious.

The rest of it was not very meaningful to me, but what is interesting is the thorough disinterest in going the UCC way. 

As far as I am concerned, UCC is long way off, it is important for the government to remove laws that are openly discriminatory against Hindus.... 


Friday, August 24, 2018

Management by Vacationing

Rahul Gandhi is on vacation yet again. Just at the time when the country demands his leadership. Well, atleast the country which he hopes to lead, demands to see his leadership chops, at a time of great calamity of floods across the Southern part of the nation. And what does he do, go on vacation.

(Yes, you can argue that it is not vacation, he is on a brand building tour across the world talking to developed nations about the backwardness of India since May 2014 - the same India which was counted among the most developed nation till April 2014. But before you jump at me, read this piece and appreciate the seriousness of it.)

Be that as it may, this is an important discovery. And people are making fun of Rahul Gandhi. This is unfair. Very unfair. Because, Rahul Gandhi is living a new paradigm - not merely talking. A paradigm which deserves to be researched. Written upon. Perhaps even a Nobel prize for management, if it exists. (If it doesnt, please create it, because, it is important. Hell, it can save the world.)

Presenting management by vacationing...

Years ago, Tom Peters (taking a leaf out of the Hewlett-Packard team) created a new acronym. MBWA: Management by Walking Around. It means, you, as CEO, wander around, talk to employees at random, customers, if possible and learn what is going on around the company, markets - at first hand. Simple enough.

Management by vacationing is the extreme other side or takes MBWA to a new extreme. 

The leader vacations mostly, comes in to work for a few days, sets strategies, directions and then goes off on yet another, much deserved vacation. Imagine the capability of the leader who can vacation around while his team does the hard work.

Yes, indeed. Think about it, as the minions slog over files, pore over email drafts, collate twitter feeds and devote hours to promote the leader  - the leader has empowered them enough to take a vacation himself. That is the power of the leader, his belief, his capability to create a strong team that can do everything. Indeed, the leader follows not a 4 day work week, but a 4 day work month. That is the level of empowerment and trust he has in the team.

Is there is a crisis? Leader goes on vacation. Team handles it. Seamlessly. And when the crisis has just blown over, the leader parachutes (mostly by Business Class) in, takes credit and goes off on the next vacation.

Is there a warning of a crisis? Leader plans a vacation in case leader is around. In case he is not around and already on vacation, he extends it. And the same template as above is followed. It is that simple.

These vacations recharge the leader. Every time. Each time the leader is back, from his recharged vacation, the team works much harder. Imagine a leader you see every day, slogging at work - why would be motivated. It is like having Rahul Gandhi as your neighbour - you would be bored.  Daily presence is overrated.

No, you want the leader to be away, show up at work a few times a year and then every visit of the leader is special. The chairs are cleaned, the floors are mopped, special dinner is served and photographers are everywhere. Yes, dont you, in your corporate roles, slog for visitors who come to your office once a year?

Life is but a series of photo-opportunities. What else is life? See Instagram. That is all there is to life.

Every time the leader goes on vacation, newer job opportunities are created. Someone has to create a reason. Someone to quickly check a daft twitter post and then quickly plug it. Someone has to alert various whatsapp groups to coordinate a response strategy. Someone has to cover up tracks.

Also, each time the leader utters pearls of wisdom, someone has to erase the memories of people and reinterpret those random utterances into something nuanced and prized. This is an old idea, sorry for rehashing it.

Management by Vacationing is the new management mantra. Hard work? That went out of style long back.

Published at Myvoice.Opindia

I return to blogging after a self imposed hiatus of a few years. No, I dont plan to return to active blogging anytime soon. But this topic is important. And once I write this, I go back to vacationing (from blogging). Unfortunately, I have to work, so working between vacations wont work for me.