Indian diplomat collapses inside a Chinese court

In November 2011, Wang Sixin, a law professor in the Communication University of China, opined, “In India, the common law tradition allows judges to begin litigation just based on a news report or a letter from a petitioner, whether [the petitioner is] a lawyer or not. China needs to adopt this practice.” This suggestion of his sounds quite ostensible considering a nation where freedom of speech and expression is highly censored and the judiciary has been used to further this dictatorship of the State. The same was the cruel case in Yiwu city with the Indian diplomat, S Balachandran, who was denied food and medicine despite his repeated requests that he was a diabetes patient; this went on till he actually collapsed and had to be rushed to the hospital. Balachandran was trying to present the case for the release of two Indians who had been kidnapped by Chinese traders because their Yemeni firm had not yet paid some dues. This blatantly ruthless and inhumane attitude displayed by the Chinese judiciary almost in connivance with the Chinese businessmen defines the attitude of the Chinese administration. Till a few years back, if you were a Chinese villager having more than one child, the government tractors would have mowed down your residence – an act that defines the Chinese sense of cruelty, or should I say Chinese torture. Needless to say, the poor villagers never got any support from the judiciary.

The Chinese judiciary has never been independent! In fact, it was in a muddle especially during the Cultural Revolution that curbed its functionality completely between 1966 and 1976. The jurisprudence was revived after 1976 and thence, a new legislation came into being by the end of 1980 under the purview of Organic Law of People’s Courts. Consequently, a new era began, marked by a paradigm shift in the country’s legal system! On the brighter side, the system was made very strong in order to encompass the entire nation under the judiciary system. The number of judges and associate judges, which was at meagre 50,000 in the 1980s was increased to 131,460 in the 1990s, and then again augmented to 258,000 in 2000s – an increase of 416 per cent! This means that the judges-to-population ratio of China is now around 1 to 8,600, which is in close range to the US ratio of 1 to 8,826 – something that we in India are attempting to dream about since the last 64 years!

Despite these impressive figures and massive infrastructure, the Chinese judiciary suffers from numerous problems that affect the very nucleus of the system. It is neither independent, nor are there any standards to determine their independence. The single State party’s influence doesn’t permit the judiciary to be impartial and unbiased, especially since the Communist Party of China keeps perpetually interfering with the court’s proceedings. Clearly, a non-democratic setup never had any space to acknowledge and appreciate the essence of a free and independent judicial system. Further, the funding of the judiciaries is not streamlined uniformly as more developed regions like Beijing, Shanghai or Guangdong have substantially higher disposal of resources than other regions. With better infrastructure, communication and salaries, these regions attract the best judges whereas the remote areas face veritable financial hardships – and lack of quality judges. This has forced many backward regions to augment litigation fees to discourage the parties from filing law suits! As of date, a discriminatory funding ploy by the Chinese government has led to a situation where the jurisprudence of certain areas has been pushed to the limit! In simple words, flow of funds is decided by the State depending upon the freedom the government wants to provide to a particular province. Thus, the remote areas are allocated less funds to ensure a weak judiciary that eventually deters citizens from filing suits and from protesting against atrocities. The residents of such targeted areas are kept entrapped in a situation wherein breaking rules would lead to serious perilous consequences.

Globally, the judiciary system – a true pillar of the economy – is kept independent of political interference and has absolute power with independent staffs that hail from no political party – be it the ruling party or the opposition or any third party. Contrary to this philosophy, China’s judiciary is not separated from its political process. There is no separation of power between the government and the judiciary! The National People’s Congress (NPC) reigns supreme there and has every right to undermine and destabilize the independence of judiciary. The judicial appointments (judges and jury members) are under the ambit of NPC and so is the supervision of it. Thus it is this ruling party that literally decides the person who would chair the court – or shall I say, would decide the fate of the aggrieved party. Putting things into a better perspective, one needs to have a political party affiliation to be a judge in China. As a quid pro quo, it is essential for the judges and the jury to follow the decree of party leadership and perform a variety of functions! The court also acts as a civil law magistrate and has to find evidence for any criminal prosecution that is being handled! A judge’s role is more like an intermediary’s, who explains the policies brought about by the government (or at least the legal side of such policies)! Therefore, performing the role of a judge – as it is being performed in most countries – is only a miniscule part of a judge’s assigned functions and not the prime duty. Alarmingly, a judge in China might not ever have given any verdict but might have performed other roles stated above! He might be merely a little better than a party worker, yet he is called a ‘judge’. In this way China has bloated the figure of its total size of judges – but in reality it is just a farce.

Most interestingly, the Supreme People’s Court (SPC) has to submit a periodic report of its functioning to NPC for approval and review. Thus, today, NPC is seen poking its nose in almost all judicial affairs and individual cases and manipulating the court’s decision. Local governments have the power to literally advice the court on cases related to the government and also forces the courts to bluntly dismiss any appeal that can be harmful during proceedings. Local courts rarely favour the public and most of the times, drag the cases for indefinite time period. The appointment of judges is also influenced by local governments which make it impossible for the courts to be impartial especially in remote areas where the government can’t reach frequently. The lower courts approach the higher courts for directly getting involved in judgments. This snatches away the opportunity of the litigant to appeal before the higher courts, which may have already given an uninformed verdict without giving the claimant a chance to present the case before the higher courts! In essence, these courts have puppets setup by the local government.     Read More....

For More IIPM Info, Visit below mentioned IIPM articles.

IIPM B-School Detail
IIPM makes business education truly global
IIPM’s Management Consulting Arm - Planman Consulting
Arindam Chaudhuri (IIPM Dean) – ‘Every human being is a diamond’
IIPM ranked No 1 B-School in India
domain-b.com : IIPM ranked ahead of IIMs
IIPM: Management Education India
Prof. Rajita Chaudhuri's Website

IIPM Proves Its Mettle Once Again....
Planman Technologies
IIPM Contact Info
IIPM History
IIPM Think Tank
IIPM Infrastructure
IIPM Info

IIPM: Selection Process
IIPM: Research and Publications
IIPM MBA Institute India

-----------------------------------------------------------------------------------------------------------------------------

 
 
I have often said that the future of India depends largely upon the future of education in our country. The demographic dividend that so many of us so proudly talk about, will actually be a mirage and also be counterproductive, if we continue with the kind of education system that we currently have in India. Along with eradication of needless delays in the judicial system and a the required massive investment in health, I would rate reforms in education as the most important vision that we need to implement in order to reap dividends out of this young demographic. And we really don’t have much time left.

After six long decades, India finally realised the importance of declaring education as our fundamental right, which was waiting its materialisation since Independence. This, I believe is not only very critical in revamping the entire education system of the nation, but also acts as the stepping stone towards education reforms. Starting with the Sarva Skhisha Abhiyaan program launched in 2001, this process has culminated in a policy that mandates free and compulsory education for all Indian children under the age of 14.

Fundamental right to education also ensures that all schools (be it private or public) have some seats reserved for the underprivileged class of society. This will ensure that all children born in India are more or less assured of at least basic education. However, we need to make sure that school under SSA should have basic infrastructure along with dedicated service providers (read: teachers). Even today there is a shortage of around 3 lakh classrooms at elementary level and 1.70 lakh classroom at secondary school level with more than half of all schools lacking basic sanitary and water facilities.

However, the above steps would reap partial results and would only benefit a single class of society if we fail to bridge gender discrimination in education. Thus, the second critical step that we need to consciously take is to invest massively in education of girls and women. Worldwide, study after study has proven that when the women are educated, the social and economic benefits that accrue to a country are enormous-including the minimization of social evils. One of the key reasons behind the state of Kerala having such envious indicators of Human Development is the high literacy rates for females.

Many state governments have already taken huge steps to encourage the education of girls, the efforts just need to be intensified.

Shortage of teachers is something that ails the entire system. Not only technical colleges like engineering and medical but even secondary education system is facing a dearth of academic staff. The third major reform step that we need to take is to educate or create educators. It has been proven time and again that the quality of pedagogy and teaching in India is abysmally poor. That is because of the ivory tower approach we have taken towards education. Teachers in our system are expected merely to mouth whatever has been prescribed in the syllabus - which itself is often completely obsolete and outdated. It is important for teachers, particularly in colleges, to keep abreast of the latest developments and trends and include them in their teaching modules. That is the only way we will produce graduates who are employable.

The fourth step is that the government needs to implement a more transparent and fair system to evaluate the performance of teachers and educators. Currently, even the worst and laziest of teachers know that they have a lifetime job guarantee with annual increments and much more. A professor at a university in India knows that he will never lose his job. This perverse system actually makes victims out of genuine hardworking teachers who suffer at the hands of absentee teachers who waste time keeping education administrators happy.

Going by official estimates, there is a shortage of 6.89 lakhs teachers for SSA programme and 6000 for Kendriya Vidhyalayas and more than 3,000 teachers for IITs and NITs. Why not have a system where students and parents rank the performance of a teacher?

Next in line is a step that I would recommend as a noble one, and it is the fifth in line. We already spend tens of thousands of crores every year on schemes like the MNREGA. I would be really happy if the funds allocated for such schemes actually go towards the construction of durable school and college buildings in rural areas and small towns. Currently the work done under these schemes provide no long-term social infrastructure. The people working for schemes like the MRNEGA would have an incentive when they realise that it is their children who will eventually study in these schools and colleges.     Read More....

For More IIPM Info, Visit below mentioned IIPM articles.

IIPM B-School Detail
IIPM makes business education truly global
IIPM’s Management Consulting Arm - Planman Consulting
Arindam Chaudhuri (IIPM Dean) – ‘Every human being is a diamond’
IIPM ranked No 1 B-School in India
domain-b.com : IIPM ranked ahead of IIMs
IIPM: Management Education India
Prof. Rajita Chaudhuri's Website

IIPM Proves Its Mettle Once Again....
Planman Technologies
IIPM Contact Info
IIPM History
IIPM Think Tank
IIPM Infrastructure
IIPM Info

IIPM: Selection Process
IIPM: Research and Publications
IIPM MBA Institute India

-----------------------------------------------------------------------------------------------------------------------------
 
 
I am always proud of everything we do, for we do things with a lot of passion! And when it’s about a book that had been a long cherished dream, I am all the prouder! Yes, my next book CULT is now available in stores. I have co-authored it with my most cherished friend of 22 years, A. Sandeep, the Group Editor of Planman Media. The book was launched in London on the 12th of December by management icon, Guy Kawasaki, a man who has also held the enviable post of "The Chief Evangelist” at the $353.07 billion-worth Apple Inc. (m-cap as of December 14, 2011; making it the world’s second largest company by m-cap) in the past. And when he says that if Steve Jobs would have been alive, he would have been proud of this book, I have reasons to be very very proud. Here I present excerpts from one of the 36 chapters of the book! The chapter’s name is: "The Winning Losers” (Section I, Chapter 10).

HELLO LOSERS!

If you describe yourself as the bankrupt also-ran, the sure-to-lose stooge, the dud that always flops, then welcome our dearest iconic failures, join the club of losers who will rule this century.

Loser! If that word stings you to the core of your heart, yet is the exact word that describes you completely, in every aspect, then this chapter is for you. Hello losers! You’ve reached this far – congratulations! Now allow us to usher you into this chapter hoping that you never forget the feeling of being a loser, and that you always hate every moment of it.

Before you start cursing our ten generations and beyond, let us quickly take you through the story of a few losers who, for us, embody the spirit of despondent losers.

This boy from Syracuse (New York), was labelled a dyslexic when he was just seven. His friends would harass him, and his school teachers would humiliate him. This is how he describes his early days, “I’d try to concentrate on what I was reading, then I’d get to the end of the page and have very little memory of anything I’d read. I would go blank, feel anxious, nervous, bored, frustrated, dumb. I would get angry. My legs would actually hurt when I was studying. My head ached.” He went to three different high-schools and each time, he would try to hide his disability. Soon it would be discovered, and he would be sent off to remedial reading. He raised his hands very often in class, only to ensure that his teachers noticed him and gave him extra points so that he could just about make the passing grades. Even when he had to complete his homework, he would first dictate it to his elder sister, make her write it down, and then copy it word to word.     Read More....

For More IIPM Info, Visit below mentioned IIPM articles.

IIPM B-School Detail
IIPM makes business education truly global
IIPM’s Management Consulting Arm - Planman Consulting
Arindam Chaudhuri (IIPM Dean) – ‘Every human being is a diamond’
IIPM ranked No 1 B-School in India
domain-b.com : IIPM ranked ahead of IIMs
IIPM: Management Education India
Prof. Rajita Chaudhuri's Website

IIPM Proves Its Mettle Once Again....
Planman Technologies
IIPM Contact Info
IIPM History
IIPM Think Tank
IIPM Infrastructure
IIPM Info

IIPM: Selection Process
IIPM: Research and Publications
IIPM MBA Institute India

-----------------------------------------------------------------------

 
 
As I sit down on the eve of my 40th birthday to write this editorial, I couldn’t have thought of writing on a more important aspect – as great political leadership is what India requires more than anything else today. And though I have written considerably on leadership, it has mainly been about corporate leadership. Leadership in corporations is massively different from political leadership, and therefore it requires a special model and a special line of thinking. While in corporations the final aim is profit maximization in most cases, in politics the final objective is necessarily social welfare maximization. While in corporations the best leaders are often the best marketing guys, in politics the best leaders necessarily have to be the people who are the sincerest and most hard working. While in business you can make do without the knowledge of economics, in politics that can be suicidal. While in business being unethical can harm you and at most your stake holders, in politics the lack of ethics ruins an entire nation’s future. And most importantly, while in corporations leadership is about commitment to the strongest and survival of the fittest, in political leadership, the focus always is about commitment to the weakest and survival of the weakest – concepts about which I wrote a few issues back in Business & Economy (a Planman Media group publication), when I wrote about responsible leadership (please do log on to our website and check out the link for the same: http://www.businessandeconomy.org/27102011/storyd.asp?sid=6462&pageno=1). Thus, for me, political leadership is not just about having certain qualities but also simultaneously about not having various qualities. Rather, what is important is to ensure that one does not possess certain specific qualities first; if that is taken care of, the rest would then automatically fall in place.

Keeping all the above in mind, I believe the model of the 7 winning virtues of political leadership (viz Credibility, Compassion, Clairvoyance, Camaraderie, Commitment, Charisma and Competence) that I have developed is most suited for Politicians in general and Indian politicians in particular, keeping in mind the spate of massive corruption scandals of late! So what is so special about these 7 Cs of leadership that has not been read before? After all, is it not just another word play?

Well, the difference in this model and any other such model is that in this model, each element or virtue is actually the opposite of one of the 7 sins of life – the seven deadly sins that we are supposed to avoid; to a large extent, as normal human beings and to an almost extreme extent, as a political leader! The seven sins originally are Greed, Gluttony, Sloth, Envy, Lust, Pride and Wrath! So how are these related, you must be wondering! Let’s go one by one!

The first sin that a leader must avoid is that of greed. This is what seems to be the biggest problem with political leaders in India. Greed. The reason behind all the lack of development in India at the cost of swelling Swiss bank accounts. Every politician looks at politics as a source of making quick money at the cost of the nation. And thus, instead of looking at the Commonwealth Games as a brilliant chance to develop the nation and its sports facilities – the way China looked at Olympics – they looked at the games as an opportunity to create a massive scam and looted the nation shamefully. So instead of looking at telecommunications as a big chance of taking the country towards better development, our leaders looked at it as a chance to loot and plunder. And this is where my first C of leadership gains importance. The virtue of credibility! Instead of greed, and dishonesty, political leadership is about credibility. That’s what defines a political leader’s true character. Once you lose credibility, you can still continue thanks to various reasons, but with no respect. That’s what most Indian politicians today suffer: the problem of credibility.     Read More....

For More IIPM Info, Visit below mentioned IIPM articles.

IIPM B-School Detail
IIPM makes business education truly global
IIPM’s Management Consulting Arm - Planman Consulting
Arindam Chaudhuri (IIPM Dean) – ‘Every human being is a diamond’
IIPM ranked No 1 B-School in India
domain-b.com : IIPM ranked ahead of IIMs
IIPM: Management Education India
Prof. Rajita Chaudhuri's Website

IIPM Proves Its Mettle Once Again....
Planman Technologies
IIPM Contact Info
IIPM History
IIPM Think Tank
IIPM Infrastructure
IIPM Info

IIPM: Selection Process
IIPM: Research and Publications
IIPM MBA Institute India

-----------------------------------------------------------------------