Court Orders - More Emotions, Low on Logic & Science

Court Orders : More emotions, Less Logic and Science

This cartoon reflects what is happening in other countries and role of NGOs are question. I thought, let me understand what is happening in India. 

Morning Newspaper says "Delhi High Court supports NGOs stand and rejects response of Government appointed committee". This is strange that NGOs with no technical expertise on the subject and not covered under RTI is guiding the court proceedings. How courts are ensuring themselves that every thing is fair and honest in NGOs? Can Court give undertaking about the motive of NGOs and results given by NGOs are not manipulated, when they are forcing these NGOs on policy making bodies. 

NGOs can be one opinion, but can't be the only view on the subject while taking decisons in court and in policy making body. But it appears courts are ignoring this basic facts when the ignore committees views. They can reconstitute the committee or can seek evidence behind judgement but undermining the process is shaking public confidence on established norms and systems. This is not good for any societies. Judges will retire and go, society has to exist even after them. How will pay the price for wrong judgement? Can judges be made accountable, like retired bureaucrats? Are they above nation, law, science and society? 

There are large number of NGOs working in India in many fields but why only few get court access, media coverage and become part of court appointed committees and Government of India Committees? 

Any specific reason? 

Are they the only reservoir of all the wisdom and expertise in India and in the world?

Is this by design of by default? 

Can courts and Government answer this?

Important: Are NGOs compelled to disclose every thing under RTI? Are their appointments and decision making process accountable to larger society? Are they open to social audit? 

If not, how we can trust their findings? In comparison to more transparent system of Government under RTI Act. 

Are Judges under some pressure to give more weight-age to few NGOs instead of taking objective view on technical matters based on well established processes and procedures? 

Trend in recent judgement indicate certain pattern...which forced me to derive to this subjective inference. 

This is a human desire to seek recognition and power. Every individual & organisation develops his or her own path to achieve this objective. Some do hard work and then seek to get recognition by publishing paper, seeking award and other official recognition. 

Corporate create product which can attract more consumers, give them good brand value and profits and fame. They are answerable to shareholders, legal authorities  and enforcement agencies. 

But their are few those who look at shortcuts to reach the path of glory. That is why there is always fierce lobbing for every award or recognition. 

When it come to issues related to technical and scientific matters raised by NGOs and colored by media sensation it appears courts are under pressure to fall in line with prevailing public opinion. Otherwise, in today's world it is very easy to label any difference of opinion as biased or bought out by opposite side. This is a serious matter in today's world. People are going all out to destroy the objective assessment and decision making process for their vested interest in the name of public interest, environment protection, transparency and accountability. I am not saying these are not important but using these agenda items to serve one's own vested interest is a dangerous trend because this will destroy the objective decision making process and will lead to major loss to society. 

Why this is a growing trend now?

I am fortunate who has worked with almost all stakeholders and have worked closely with farmers, NGOs, Media, policy makers, technical institutions, cooperatives, industry association and commercial organisations in various capacities.

One thing you all must appreciate that every one is an alert citizen for his or her vested interests in this world. 

Let me raise few thing which I noticed in my career, working with many organisations :

Who is number 2 in popular NGOs? 

You must have heard name of many NGOs. Leave the popular promoters of that NGOs. In how many NGOs you know who is number two in order of power within that organisation?  Think about it. Scratch your brain and try to find out... You will not find with ease... WHY?

Please understand the following:

1. The preconditions for creating any NGOs is source of funding either from supporters or opposition to that particular activity. It will be more useful if there is a government funding for such activities under the name of "awareness, education and training" because this will give legitimacy. 

2. Issue which can have mass appeal.

3. Issues which can generate controversies because NGOs have to use media to gain popularity and media needs stories which can create sensation to attract readers and viewers.

4.  The new trend is to identify international funding options as well to work on issues which are important enough to get recognition on international forums. 

5. In brief, like corporate work, running and managing NGOs is business. The only label they have is "Not for Profit" to convey to common people that we are working for larger cause.  

Please consider the above mentioned points and now carefully think about the following social issues which are priority for India.

1. Lack of justice in largest democracy due to delayed justice
2. Malnutrition & Child Mortality
3. Food Inflation
4. Child Education
5. Maternal health
6. Poor quality Midday meal
7. Poor quality health services in hospitals
8. Lack of teachers in India
9. Poor quality roads
10. Commercialization of basic education
11. Poor quality schools
12. Poor warehousing and food losses
13. Too much paper work for any government service
14. Poor banking and financial services
15. Poor power distribution services
16. Poor irrigation facilities
17. Poor quality of drinking water
18. Traffic congestion
19. Lack of Doctors in India
20. Noise Pollution
21. Water Pollution
22. Air Pollution
23. Municipal Waste management
24. Poor Management of tourist sites
25. Poor Quality of railway stations
26. Poor Quality of bus stands
27. Poor Quality of public transportation
28. Crime against women
29. Crime against Old Age people
30. Healthcare for Poors

many others...

You must be wondering why this list? This is a list of some of the issues which are vital for societies welfare and progress. Now think around...

How many NGOs are working on these above mentioned issues? 

Can you name one or two on each topic if you have come across?

Difficult, isn't it... why?

Reasons are simple, there is no name fame and money on these issues. 

• Which donor agency will fund these activities? name them?
• Which newspaper and TV channel is keen on these issues?
• Which Corporate sector you can target by raising these issue?
• Which Corporate sector will giving funding to protect their goodwill when these issues are raised. 

In brief when there is no incentive either in terms of money or fame, why to raise these issues. 

One thing one must learn from NGOs, they are very focused and clear in their agenda and action plan. There is nothing wrong in their action plan and activities because they are clear what they want.

But why courts and Policy makers are following the same trend?

Many NGOs are created by people with political and administrative backing. If one issue make one NGO popular and powerful, this is a motivation for other NGOs to take the similar issue. 

There is nothing wrong in this but what is wrong is the deliberate attempt to discredit the work of others without giving better alternate to the society. The more shocking thing is Courts are also not asking this questions to NGOs. 

Let me raise one issue for your consideration:

Today, India is spending about Rs.100,000 crores in important of edible oils, pulses, wood, rubber, spices, etc. 

What is the plan of NGOs to save this national wealth? 

Country is suffering from food inflation, poor people are suffering very badly because of lack of nutrition because of rising costs. 

India's productivity is 10 to 50% of world average in many crops. 

These NGOs leaders goes to many countries and eat Genetically modified food but never suffered any health problem. They do not have problem in accepting funds from those countries where Genetically modified foods are popular and their donor are consuming it. But they do not want these technologies to be used in India to improve productivity of Indian crop and to make food affordable. 

This raises some fundamental issues, what is their agenda? 

1. Are these in the interest of India? I think courts in India should ask these questions?
2. Who decides their action plan and agenda? 
3. How come they develop expertise overnight that area?
4. How come they are able to generate funds in such a short time? 
5. Why courts are not ordering any CBI investigation on them? 

What I noticed is suddenly one NGO changes its agenda to an area which was not their focus of activities. 

Imagine, If any Government office will do this, Courts will pull them apart,  why they don't ask these questions to NGOs. 

Let us also understand the process adopted to create Court Nominated Expert Committees. 

1. May I ask Honorable Judges on what basis and criteria they appointed the Chairmen and members of these committees? Can they answer this to citizens of India? 
2. Was their popularity or technical expertise or something else? 
3. As a right to information, Judges should disclose this in their orders, with details how many names were considered and what was the criteria of selection? 
4. It is not too late, they should call for CVs of the people they have appointed on committees and match these credentials with other experts available in the country which have difference of opinion with these NGOs. This will relevant many facts which they may not considered while passing the judgement.

My request to Honorable Judges: 

You all are overloaded with work load, on technical matters please follow the well established norms. These are created after lot of deliberations world-over. No NGO or court can be superior to science. 

Are we saying all the findings of global expert bodies like JECFA, Codex and other regulatory bodies around the world are waste and only NGOs have the required expertise. 

Courts are very keen to fix accountability for every crime. What is the accountability of NGOs and to whom? Think over it?

Now the bigger point is: 

NGOs are saying DDT, Malathion  Endosulphan, Captan are so bad that even traces can harm the people. 

My question is : How many employees working in these factories are suffering from cancer and how many die every year in these factories? 

Why NGOs are not keen to know this? 

Why Courts are not keen to know this? 

Why Donors are not keen to know this?

Answer is simple:

All are trying to prove their existence for name, fame and money. Social issues and peoples concern are not important. 

After all, all are human being, Maslow's Hierarchy of Needs and once basic needs are met, we have to do something to meet our psychological needs, this cannot be ignored. 

Mode and medium can be different. The best way to cover this human desires is to give socially and politically acceptable cover to your activities.  

So, the driving force is:

"What is there for me (or MY NGO) in this agenda, irrespective of anything else?" is the driving force and will decide the interest of various stakeholders.  

I am sure you do not agree with me... so what is your opinion.. why don't you share.. otherwise... your correct opinion will be of no use, unless you express, it will make no impact on the system which you want to change. 

Express Yourself...

You can circulate to your friends as well... awareness is the first step towards change...

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