Monday, October 12, 2015

PIL filing vs publicizing law drafts to fix India --- why PIL-filing for public interests is IMO COMPARATIVELY useless compared to publicizing law-drafts, but yet, why many senior-activists prefer PIL filing over publicizing law-drafts (8-Oct-2015) No.1

October 8, 2015 No.1

https://www.facebook.com/mehtarahulc/posts/10153074739506922

PIL filing vs publicizing law drafts to fix India --- why PIL-filing for public interests is IMO COMPARATIVELY useless compared to publicizing law-drafts, but yet, why many senior-activists prefer PIL filing over publicizing law-drafts . 
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And IMO, junior activists should focus on law-draft publicizing and not waste their time on PILs. I have explained why.
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Chapters
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01. Summary
02. Why are, IMO, PILs useless compared to law-draft publicizing
03. why many senior activists prefer PIL-filing over law-draft publicizing?
04: so what should junior-non-80G-activist do?
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chap-01 : Summary
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A large number of senior "activists" insist on PIL-filing and oppose the proposal to spend time and money in publicizing the law-drafts needed to fix problems of India. And on the other hand, there are activists , like myself, who insist that activists should spend time and money in publicizing law-drafts . And I dismiss PILs as waste of citizens' and junior activists' time, money, hopes and efforts. Surely, one can , should and MUST use PIL for group interest or even personal interest. I repeat --- PIL is very much valid tools for personal and group interests. But PIL is HIGHLY inefficient and useless tool for mass interest particularly when mass interest is against desi / videshi elitemen's interests. 
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Yet, many senior "activists" prefer PIL-filings over publicizing law-drafts. WHY? IMO, it is mainly because PILs enables the senior activist to say "I did so" and increases his self-importance. PILs fetch him quick publicity with little efforts --- merely by putting some papers before some corrupt / nepotic judges. The senior activist can also seek donations etc to continue his PIL. Whereas publicizing law-drafts is work of years and years, and by the time effect comes, the movement and credit may be gone to someone else. So though PIL-filing is useless COMPARED TO publicizing law-drafts (DRAFTS) for masses as a whole, many many senior "activists" prefer it for self-publicity and donations.
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If junior activist wants to become a senior activist , and gain cash / fame from activism, then he may work with a senior activist who wants 
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chap-02 : Why are, IMO, PILs useless compared to law-draft publicizing
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Consider structural problems like corruption / nepotism in judges. Can one file PIL against nepotism / corruption in judges? Can one file PIL against judge - lawyer nexuses? In theory , one can. But no one till date has dared to file PIL on issue corruption in judges, nepotism in judges and problem of judge lawyer nexuses. The reason is simple --- anyone who files PIL on this issue may get imprisoned under contempt law. And even if judges spares him, the judges will simply dismiss the case or delay the case. IOW, PILs are USELESS in dealing with problem of corruption of judges, nepotism of judges and judge-lawyer nexuses. 
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And so for any problem , which requires solution to corruption / nepotism / nexuses in courts as prerequiste, PILs are useless.
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To be specific, only known solutions to corruption / nepotism / nexuses in judges problem are JurySys , Right to recall judges etc. And judges will never agree with this. IOW, PILs are completely useless in dealing with the problem of corruption , nepotism and nexuses in judges.
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Furthermore, most judges are corrupt and nepotic, and have nexuses with elitemen who promote them and their relative lawyers. So hoping to get substantial changes in govt via "landmark judgments" is IMO waste of time of citizens and junior activists.
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On the other hand, the law-drafts bring REAL long lasting change in India. eg The land reforms law-draft that was passed by Saurashtra and later Gujarat Assemblies in late 1940s and early 1950s created a sea change in Gujarat. The land from large landlords passed to small / middle farmers and that improved agricultural output as well as reduced poverty of rank and file of bottom 90% population. Left to judges, they only worked to kill land reforms in India !!! 
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USA is ahead of India of due to 4 law-drafts-sets. These are (a) Jury System (b) multi-elections (c) right to recall (d) referendum . Till we print 100-200 law-drafts to get the above law-drafts in the Gazette, we will always remained behind USA. And PIL will not help in printing even ONE law-draft !!! The only way to het these law-drafts printed is to publicize these law-drafts and generate a mass movement.
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In publicizing law-drafts, the goal is to spread information in over 60 crore voters to 80 crore voters. And so it is voluminous task. And PIL promises a "shortcut" , "get results quick" type way. But the shortcut is only an illusion.
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Further, most PILs are over petty issues like technical violations. And a large number of PILs are against individual violations, and not against mass violators. Most PILs dont reach logical conclusion and many PILs are only for blackmailing the violators and not for any public cause.
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And lastly, in PIL-filing, if the person who has filed PIL sells out, the n all efforts that the junior activist made will get washed out. But in case of law-draft publicizing , the efforts remain intact even if the person who drafted the draft sells out. Because activism was around the DRAFT, and not around the person who wrote the draft/
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chap-03 : Then why do many senior activists prefer PIL-filing over law-draft publicizing?
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PIL enables senior activist to boast -- "see, I did it " !! It enables him to take credit saying that "see, I filed this PIL". The PIL's verdict may come in several years or may never come. Most PIL get trashed. But right on first day, the senior activist who has filed PIL can boast as if results have come right away !!! Or, he can create illusion of quick results !! And thus, he can raise following in junior activists. 
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In contrast, publicizing law-draft makes is evident to audience that workload is huge --- that over 50 crore voters need to be reached and convinced that they should order MPs via SMS to print that law-draft. And that over 50 crore voters need to be convinced that over 50 crore voters are convinced. 
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So law-draft-publicizing can be ridiculed as an impossible task. .
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But reality is harsh. There are no shortcuts. Expecting corrupt / nepotic judges to reduce all the ,mess, most of which is created by them only, is wasting time, efforts and hopes.
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chap-04: so what should junior-non-80G-activist do?
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A junior activist who one day wishes to become senior-activist , and collect grants, fame or become MP / MLA is what I call as 80G activist. He should not waste his time in reading my articles.
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The question is -- what should a junior-non-80G-activist do? Say an activist knows that he will never become senior activist given his lack of time, lack of money and alternate full time career. In such case, IMO, such a junior-non-80G-activist should NOT waste time after PIL-filing senior activist, but PILs judgments are given by judges, who are worse than law-makers in every respect, So PIL-filing will NOT enable India to bring 4 key changes in India ---- (a) Jury System (b) multi-elections (c) right to recall (d) referendum . And if these changes dont come in India, then we will remain weaker and weaker compared to USA, and eventually get defeated and enslaved.
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And so IMO, a junior activist should focus on law-draft publicizing and not waste time with senior activists who are in PIL-filing.

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