Sunday, February 11, 2007

CMM for the Judiciary

Capability maturity model was developed by Carnege mellon University and is a powerfull method to measure and imporve the effiency and also porvides the tools to measure the quality of the products as well

It defines five levels of organisations

Level 1 : Herioc
Level 2 : Planned
Level 3 : Defined
Level 4 : Measured
Level 5 : Optimised.

If Indian judiciary were to go for Level 5 Following needs to be done

Level 2 activities - planned
Every Cases would have a schedule of dates proveided and variance of effort V/s Shedule would be calcualted . This would altealest let us know what are the realistic dates for finishing off a cases as per the judicial system

Level 3 : Defined
Well Defined CPC and CRPC already exists , Well defined laws actually exists

Level 4 : Measured
Some of the metrics would be usefull are the following
Variances
1. Schedule Variance
a. variance against estimated
b. Variance against expectations ( eg : family court cases have to be finished in 6 months)
2. Effort Variance
Actuall no. of Dates vs planned no of dates
3. Effort leakage
Productive Dates Vs Dates on which next date is given

Witness Efficiency
1. Witness Renegade rate :
Dates of witness not available / Dates on which witness called
2. Witness Processing efficiency :
Dates on which no wintess recorded / # dates witness came on board

Productivity
Turn around time ( disputing parties) :
days taken to decide all the disputes between parties
Turn aorund time ( Cases / category ) :
days taken to decide a perticular case
Requirement Stability index :
# interim applications per case
Median turn around time :
# taken to decide the 50th percentile
90% turn aournd time
# days taken to decide 90%
R
esource utilisation :
# hearing hours / total hours on bench
Litgants satisfication Index :
Sample Anonymous surveys

relapse rate :
#Rate of non compliance of orders / # orders :
Aging analysis
% cases by years lapsed
Note : if a perticular type of cases have high volume of relapse rate it implies that normal orders are probably not in consonence with the social expectations

Phase containment
Cases dismissed without trial / cases decided
Level 5 activities
# administrative improvements by use of technologies


I would like to see a day when the supreme court will publish these daily metrics on the website so that ordinary citizens can participate and improve on the efficiency .I would also like to see an electronic dashboard with all these metrics . It is no use to talk of just dsiposal rates

After all "justice delayed is justice denied".
Giving a person divorce on the basis of false allageation after 17 years. What would have been usefull for a person in his 30s since the person could have remarried is no longer usefull for the person in 50s since what will he do with remarriage

Saturday, January 20, 2007

SOWRY Harassmen the new bane of indian society

This is classic article in NewZealand equality forum .
I am reproducing her
and the suicides tell a story
November 19 th 2006Rajesh hasmukh
november 20th 2006 Murthy ( Deccan Herald )
November 21st 2006 Manjunath( Deccan Herald )
One womders what would have happened if victims had been women ?
All classified as sucides or accidental deaths
without cause inspite of history of immediate matrimonial fight prior to death

Sowry Harassment – The new Bane of Indian Society
© Peco Chakravatru 2004

S.O.W.R.Y = Son's Own Wealth Released to You
D.O.W.R.Y = Daughter's Own Wealth Released to You
There is a new evil in Society. This is the SOWRY harassment of husbands and their families. This is a new feature of Indian society. The genesis of this harassment can be traced to the birth and spread of NRIs (Newly Rich Indians) around the Globe, with their money. The method of SOWRY Harassment is linked to the Matrimonial courts, which are geared more towards “teaching husbands a lesson “.
The NRIs, with their money and their peculiar position of having to leave to work, in the USA, Europe or wherever, were the first to feel the heat. These NRIs were educated and the thought of violence was anathema to them, and one encounter with a Police station was enough . Poor guys -- they were threatened with loss of livelihood, prestige and so were forced to make a lifetime settlement -- Rs 25 Lakhs, Rs 30 Lakhs etc. Women's organisations readily admit that there is some abuse. Of course, when a women's organisation admits there is some abuse, then there is lots of abuse.
This 25 lakhs and 30 lakshs of settlement was enough for others to follow suit. This spurted in around 1996 and by 2001 every woman was on their bargain for getting easy money out of a poor sod who did not know what hit him. After all, filing a 498A is as easy as ordering an Idly Sambhar. Actually, it is easier -- the proprietor could refuse to give you an idly sambhar, but the police cannot refuse.
The pattern of behaviour is very simple. The girl would force him, belittle him continuously, harass him, and keep saying you are “harassing me”. “Harassing me”. Keep provoking the guy and his family, till at some point in time the guy and his family decide to speak up, and hey presto your wife becomes a 498A girl. Every family personally knows of men who have been harassed for Sowry .But very few people know of women being harassed for Dowry . Strange ! How come the media sees things differently from what is around me ? This is because of "consciousness-raising" – i.e. propaganda. No matter how gentle the guy is. it is important to force a 498A and ask for settlement. Marriage should not be a regime whereby, for no work on your part, you maintain your “lifestyle”. But through 498A that is what it has become .
Police commissioners and the judiciary have clearly recognized that there is large-scale abuse of the 498A law, and that it is being used for SOWRY harassment. Hats off to them -- they are the first ones to recognize the abuse, seeing that they do not have the power that an idly Sambhar vendor has to refuse to take part in SOWRY harassment
“Oh, but men are not driven to death ! “ Really, the most ignored fact is that men’s sucicide rate goes up by 50% after marriage, while it remains the same for women. Who is harassed more, then ? Where are our tears when men are driven to suicide by women and they are classified as death due to financial problems ? What are these financial problems, if not SOWRY harassment ? One dowry death every 102 minutes and one Sowry death every 30 minutes, but no protection for SOWRY victims .
“Girls are independent and will not just put up with things, and hence now they are using 498A”. Where was their independence and tolerance if they tolerated levels of harassment to 498a levels, before filing for divorce ? Why do I see a 498A being filed before divorce ? That is because a 498A is a weapon of divorce and an instrument of SOWRY harassment.
SOWRY harassment is defined as any demand for money, property or lifestyle which interferes with one's peaceful existence or lifestyle .
Unfortunately this "independence" has brought in more SOWRY harassment and more demands for money from the guys. Why couldn’t the divorce and separation be: ”I don’t like living with you . I go my way, you go your way, you live the lifestyle to which you are entitled, and I live the lifestyle to which I am entitled. I am thankfull for the lifestyle you gave me while you were with me “
It is always Money Money Money. I want all your money and more . I will not give you anything back in return. Neither will I allow a child to visit you. Neither will I provide a weekly amount of sex, or whatever I used to give. Because in marriage only a man is supposed to give . A woman is not supposed to give anything.

Tuesday, January 16, 2007

Supreme Court is Right in Appasahebs case

http://timesofindia .indiatimes. com/NEWS/ India/SC_ dowry_ruling_ Reality_not_ taken_into_ account/articles how/1187453. cms

Dhanajay Mahapatra wrongly castigates the Supreme Courts for not understanding the reality .However It must be looked at that this is a poor farmer. When faced with a financial hardships very few options are left . The farmer has to take care of his family which includes his wife . He needs manure to till his farm . He does not have money . What are the options left

One of the options left is to commit suicide . This is an option which is being exercised in alarge number when their families are unable to adjust to the diminished lifestyle the farmer would provide . A surprising reality is that though poverty should have affected both men and women equally and we should see the sucide rate at the same rate but still only male married farmers are commiting sucide . This is reflection of the stress whcih is caused by their family memebrs who cannot adjust to this reality

Another option is to sell ones organs . There are many rackets which have come to light regarding organ trade .

Dhanajay would probably have this farmer choose these two options because men are not supposed to have life force and are supposed to be only a toil animal or kolhu ke bail .

If the reality of farmer asking money for manure is bad , criminal . Then almost every women should be treated as criminal becuase they ask their husband for money for wheat , rice etc & note the sucide of married farmers is many fold higher then wifes of farmer.

I do not have the heart to call this farmer a criminal. He had love for life did not probably want to sell his organs and who can blame him for that .

It is Dhananjay Patra who does not undestand the social reality and the poverty which exists .

Supreme Court has understood the far better social reality of poverty.

Otherwise every women who asks for money from husbands will have to be treated as dowry harasser . because demanding money by either wife and husband is crime under section 2 of dowry prohibition act.

On technical point manure is not property or valuable security so Supreme court is correct . It is a necessity for a farmer .

Sunday, December 31, 2006

The tumoultoux year 2006

The heralding of the year 2006 saw something in the January it was astonishing. The sif site statistics showed a jump of 100% in the month of january a feat that was to be repeated in the month of november again. For the whole year we did not see a single month with a dip of vistors at all.

?The year started with 7000 vists amonth . and ended with over 150000 vists a month a 20 times in asingle year.

the year started quitely enouhg with natural oragnic albiet schorching growth . It started quitely with SIFs persuation and courting at the descicritics news site. a few articles a few debates and Sif made friends in the pwoerfull friends in the intellctual coomunity of the bloggers.

SIf grw from a 30 blogger to a strength of 100 bloggers intheyar 2006. while the script of the SFI was being written and growing in the blogworld in the early part of 2006.

March - July was a time of fiernce debates where ini we were forced to evaluate certain of our assumptions yet whatever self doubts we had at any points vanished with this tremendous churning intellect and we can believe that for all the posturing in comments there was a tremendous understanding. It also established SIF as serious independent thinker of their own right and alo gave a voice to people that gender relationshipp should not necessarily be looked at from the jaundiced feminists viewpoint.

July 31st heralded the arrival yet it was a baby step with SIf members victimisations was highlighted in Media. First of the block were Bharati , Raj and gokul in Z news . It was followed immediately on August 1 and 2 of the two days front page appearance of Pandu Ram .

Judiciary after two years finally took cognisance of the fact that threatening to kill an unborn child for money is a criminal offense in the month of august when they summoned sushmita bag for the same .

The media awoke from it slumber and there were a slew of articles on the same. It vecomes difficult to even recount. Personally I gave 7 interviews of which 6 were shown or published only AAj Tak held back .

The things started calmind down untill Renuka chowdhary gave us our Diwali Gift and made the now infamous statement " Men to suffer " showing the true colours. Some research by SIF also showed that renuka's daughter Poojitha had filed a dowry case against her UK based Husband. Whether true or false one doesn't know. But it is clear that all the women in NCW are either divorcees or had some kind of experinces which they classify as bad.

This gave a chance for SIF to jump in the fray .

CNN IBN swarup literally walked into the women organisations lair and argued against 3 feminists flavia agnes , Sagarika ghosh and one unnamed person who claims to be a victim .

folled up with India today , Times of India , Hindustan times , Indian Express all of whom gave to our surprise a resonable balanced coverge. Menwhile on October 30th the first dometic violence case was filed and it was found to be a false case and this was the case of Azim premji ,Gaurav Nigam and Tripti . Tripti based her case on a false premise based on false facts . Judiciary has been surprisingly gracious enough in not charging her for misuing the judiciairy.
Save Indian family provided full moral support to gaurav and encouraged him to to speak to the media through a press confernce . Tripti who till then was like a lioness urging and forciing the media to show her story suddenly found that she needed to consult a lawyer and comes with a weak statment that she loves her husband. Suddenly she finds love for her husband after ranting about him in the media ?

NCW was shown to be badly out of touch with reality and changed social conditions as they blundered through the adultery issue.

Finally ponds provided a befitting year end gift by withdrawing their ads respecting our sentiment and recognising that their ads could act as provocation to file false domestic violence case .

Monday, December 25, 2006

Time to wean away women from economic crutches

for centuries untill the mid twentieth centuries women were not granted permission to engage inthe economic activities and take care of that . They were made to be an economic burden on some male . The dowry system was prevalent in many sections of the socitey and country with the recognistion that it was unfair to place the entire burden of economic wellbeing be placed on the husband and was a response to this recognised unfairness.

As the twentieth century progressed the hurdles towards women participating in the economnic activity strated reducing and by the 21st century the hurdles have more or less dissolved in most sections of Indian society . Strictly speaking now with independent access to economic activity the women no longer need to be dependent on the husband education

However it is being seen in court that women still treat themselves as "Abla Naari " needing financial assitence from some male mostly her husband. Given the current social scenario now it becomes imperitive that women be weaned away from this dependency on income earned by husbands sweat. There is no longer any need for demand financial assitence from husbands to run their lifestyle .

The hindu marriage act also clearly staes that when a women has access to independent income then she is not entiteled to financial assitence in form of maintianenece or alimony .

Unfortunately financially independent women are still misuing the maintenence laws ( CRPC 125 ) and the section 24 of HMA to demand high money to gain financial assistence. These unscrouplous women even go to the extent of leaving their jobs just for getting hte women from their hubands in a vicious scorched earth policy . Many such cases have come to our attention .

Many women refuse to work inpite of thier husbands encouragement using the sixteenth century logfic that they should be dependent on their husbands.

Many questions asked of Raj Kaushal the marital Counseller from Save Indian family of India TV were of the nature of women not feeling comfertable about going back to work though there husbands wanted them to . After birth of the child they had become more confertable with doinig minor household work with mother in law as unpaid servant .

It is to be understood that it is not as if men feel very happy or comfertable in work environmetn but they do what they have got to do . similarly with the barriers towards economic activity removed it has beocme time that women who misuse the maintenance laws and want to hide their lazyness under the logic of "able Naari" be no loinger entertained .

The scope and canvas of opportunities to run their lifestyle is vast .

Let the men and women live and run the life style to which they are capable of and in the form they want without having to support anothers lifestyle.

Yes 21st century is about taking responsibility of for ones well being .

I can feel nothing but contempt for those families who deliberately did not educate their daughters to be economically capable based on her capacbilties and then want some other male to support for their own wrongdoings

The society has changed . LEt not people who have committed wrong doing of not educating or making their daughters capable go scot free from their own wrongdoing .

Saturday, December 23, 2006

Do we need younger and more modern judges in Family courts?

I had nice day studying the working of the family courts in the Bangalore Judiciary . I am little dissapointed that how little work is being done in a day.

Some telling Figures

Total number of cases listed : - 64 .
Total hours in judiciary : 4.5 hours
Total hours spent on giving dates : 3 hours
Total hours spent on Actual listening to argutments or giving orders : 1 hr 3o minutes

Other Metrics.
No of pages of orders in the day 10 and that too 10 typewritten pages not word document pages of font size 10. I typed a 30 page judgment in a word document into 5 pages word document so you can imagine the productive.

Now I come to the crux .

Real productive work

1. Two evidence of 10 minutes each
2. Argument on maintenance of 5 minutes
This was a really well argued by a yound lady lawyer which gave a me a complete reason as to why we need younger judges in family court
3. Argument for a 30 minutes on child custody matter.
We need younger judges and lawyers becuase it could have been wrapped in 5-10 minutes and in my not so humble opinion in a different judgment I will tell.
4. Remaining 45 minutes on just asking for money from husbands .
Of course it beats me in the 21st century why can;t these fit women work and live their life instead of demanding money from their hubbies

all the remaining cases came up for next dates . A reality which I have seen from many ofthe cases that in any case not more then 1.5 hours is spent on a case . On an average there are 1200hours for work in judicial systems. That means each judge has capacity to dispose of 800 , 850 cases. A capacity in bangalore is of 1700 cases per year . There are 2000 cases filed in bangalore per year . More then 50% go through mutual settlement .So the real amount of cases are only 1000 . So between two judges there is enough capacity handle the current work load. If the many of high productive methods are applied. Comfertably the family court cases can be decided in a year with the current capacity infact the judcial time spent can be increased to around 2 to 2.5 hours per case.

The case which got me thinking that maybe we should increase productivity is here ?
Now let me now tell you the case of 30 min the guy wanted to take his 3 year old child for christmas vacation to kerala with his parents ( childs grandparents ).
The wife alleged that whenever the child was left with the husband then the child was given hotel food etc.

The issue is
1. Can a father be allowed to take care of child for 7 days ?
2. Is this father such that should not be allowed

The argument happened on for 1st point itself and finally judge gave his decision on this matter by saying that a child of 3 cannot stay with his father without his mother ?
30 minutes should not have been wasted the judge should have said his mind is made up he does not believe a child of three can stay away from his mother for this duration. Should have finished in 3-4 minutes ?

This has however made it very clear that we need judges from younger generation of man and women who have seen confident men taking care of their baby aged children. Many men gift their wifes spa holidays of two - three days away from children . My nephew of 2.5 year old stayed with me for 7 days to allow a break to the parents of the child and he stayed really happy . The older generation judges have never themselves confidently looked after baby aged children and hence protray their own fears amd not recognising the reality of the new age men who is confident of looking after children.

This was was right judgment for his generation not ours.

Sunday, November 26, 2006

Breaking News: Azim Premji in another DV case

This post is my imagination and Can't I have more fertile imagination then women.
-------------------------------------------------------------------------------------------
The National Coalition of wipro wives ( NCWW ) lead by shurpankha chaudary have filed multiple DV complaints against Azim premji claiming that their husbands are not taking them out to dates becuase Azim premji did not provide them with the Dating allowance. hence they feel mentally and phyisically harassed.

Azim premji however denied the allegation that there is no dating allowance in Wipro .As evidence he said that a perticular lawyer called Nandalal Jaiswal has all the evidence that wipro gives dating allowance .

To provide succour to the beleagured CEO a lady called Tripti Nigam has clarified that Wipro provides dating allowance .

SIFF lead by Laxman have suddenly relaised that obviously no women could lie . but then 70% of the wifes are beaten every year through some media reports . But then UN study shows only 0.56 % are beaten. The answer lies in Azim premji who visit 69.44% of the household every year and beats up the wifes and have praised Tripti for showing them the way and have started calling her as Kalki avtar . Azim Premji has confessed to using dating allowance as weapon of torchure for his intent

Narayan Murthy meanwhile is upset becuase he uses the dating site as his weopon of torchure .

When a wife keeps throwing boiling rasam at a husbands face and refuses to stop verbally abusing him ( sorry nagging , I forgot wives do not abuse ) the husbands. Chup ho jaa warna Azim Premji.

Meanwhile Justice Sema and Justice Arijit Pasayat who coined the term " legal terrorism" having seen so many false complaint which in Court have finally declared that they are Gopies of IG Radha. IG radha's wife however claims that both the justices have computer at home.