Negative Thinking

                                           Negative Thinking

1. Negative thinking has been associated as the ills of all wrong things like depression, failing, setbacks and positive thinking as the savior. It leads to a general impression that negative thinking is always bad and positive thinking always good. But let us ponder for a minute about whether a positive thinking can exist without negative thinking. I fact positive and negative thinking are two sides of the same coin and can not exist without the other. Only positive thing is utopian concept and is far away from reality. They are two sides of the same coin. They are on the two ends of the same spectrum where in between negative and positive both exist with varying degree depending upon the position on the spectrum.

2. There are some problems for which at present no solution exits, whether logical or creative. But in the present world these problems will continue to exist and one can not either just ignore them or wish they do not exist. These problems can at best be managed and one has to learn to live with them in a day to day life. These are the problems hat are best handled by positive thinking without solving them but learning with positive thinking as to live with them and still carry on day to day work.

3. Negative thinking is more prevalent than positive thinking as a natural way. Negative thinking does not require any deliberate effort from the person as it is a natural outcome of the present day world whereas positive thinking requires a deliberate effort from an individual. It is quite natural due to a human tendency to blame others or circumstances on your failure rather than look at it as your own shortcoming. We tend to remember more as to what all wrong or bad things happened in our lives than the good things. If it is a natural tendency then why we tend to blame negative thinking to our failures? It is not the negative thinking that is bad but the negative thinking which leads to negative thoughts and finally to negative action and which becomes the source of our failure in future also.

4. Negative thinking like greed, anger, depression, blaming others and hatred are like viruses because not only they lead to negative action but also tend to simulate the same thoughts in other persons around us and thus leading to a catalytic reaction which only ends in getting the situation out of control.

5. Negative thinking has its own importance which is wither underplayed or not understood at all as it is a natural outcome of human experience and behavior and on the other side it is incorrect to label it as leading to negative thoughts and actions. A negative thinking can also lead one to positive and healthy thoughts and actions provided one understands that where one stands and uses it as springboard to launch himself back to getting on his feet. This will lead one to positive thoughts and to a better and positive outcome and person.

6. By choosing as to how we are going to view the setback we can change the thinking from negative to positive and our actions from negative to positive. It is when you view these setbacks not as failure but as simple points on the learning curve that you gravitate towards more and more positive thinking and actions. No amount of positive thinking is going to get rid of these setbacks or failure as they will always be there being a part of the same system but what you can do is to use these to launch yourself to more actions , more efforts and hence leading to success in life. It is your thinking, your viewing and your behavior to these failures which will turn a failure into ultimate success and nothing succeeds like success. If you view it as failure, setbacks then it will take you to gloom, depression, self pity and anger towards others but if you view it as a launching pad then it will take you to future success. If you are lying flat on the ground then you can not go down any further and it the last positive n your life. You can either lay inert there only or use your hands o get up and launch your self once again with more vigor, effort and determination. It is just a matter of how you are going to view them. Negative thinking does not have to be liability but in my opinion it is that negative people are more realistic in their life provided they learn to balance and give the right weight age ton negative and positive in their life. A realistic person tends to anticipate the potential problems and situations more easily and in a better way than a overly optimistic person. 

7. We have been told repeatedly that to be a successful person you have to be positive towards life and negativity leads to failure. Therefore, our whole life we keep making deliberate and conscious effort to change our thinking towards positive and thus waste a major art of our energy, time and efforts to achieve it. Hence less and less time energy is available to put our thoughts into action. A major part our effort goes into combating this negativity. Why fight it when it is just the other side of the same coin, why not use it as a launching pad to much better results. Why keep making efforts to change yourself when all that is required is to accept it as it is and channel it to more positive actions. Do not change the thinking but just change your view in order to look into it from a different perspective.

8.  Most of the decision makers use imagination to create a worst case scenario. It is like creating a worst possible outcome in a given situation and decision making process. Some people tend to label it as a negative or pessimistic approach but it allows one to develop plan to deal with these worst case scenarios and one is always prepared to deal with it. This eliminates the chances of failure and leads one to better results in every possible scenario. This is a classic case where a negative thinking has been successfully uses to achieve success in the end. In fact the source of our problem is not this negativity but we have chosen an uninspiring and unchallenging task that brings forth this negativity. It is always good to plan for the worst but hope and make efforts for the best.

9. It is not that negative thinking is the root cause of all your ills and misfortune but it is your false belief to be so and you use it as a base to attach all your failures and misfortune to it. The only way out is to start a fresh thinking  with a brand new perspective of having to over come your shortcomings and failures and start seeing it as a springboard from where one can launch itself to a more better result. This new action with the reasons of your last failure in the background is what will lead you to success in your life. So take control of your thinking, emotions and thoughts so that you can become a better and successful person. Think of it as the lowest where you can reach and it is no further down you can go but one up and up as long as you use your arms as a spring board.

Hiring- A New perspective

                                  Hiring- A New Perspective

1. Hiring is an ongoing process in very organization, whether is a new start or a existing one or one who is expanding either in terms of production or diversification. The usual way followed by the organizations is to either outsource the whole process or do an in house process. It depends on the resources available, time and expenses involved and the size of the organization. In the first process the job is given to a firm of headhunter with specifications about the job, job profile, qualifications and salary structure. The firm carries out the initial sourcing and screening and short list the candidates who are interviewed by the HR department after interview at their level or at higher levels depending on the post on offer and a final selection is made. In the other case it is the Hr department who is tasked to do everything from the beginning to the end in house.

2. Irrespective of which type of process is being followed the final word rests with the HR department or with the immediate superiors of the post on offer.  In the end it is the higher ups who take a final decision whether the candidate is fit to be part of the organization or not. The underlying fact remains the same that besides looking at its suitability to the organization they look at whether the person is also fit enough to be their subordinate or not and whether they will be comfortable to have him in their team.

3. The role of the manager over the years has gone for a change where it is not only important for him to be a good manager and follower but also to be a good leader, who will lead and galvanize the team into action to is achieve the goals set for them.  A good leader needs followers who will give their best in order to reach the goal. Of course identification of individual aspirations with the team goal and ultimately to the organizational goals is an important aspect which will have tremendous impact on the outcome. There is another aspect which is normally presumed to be present and easily overlooked by most of the people is that to be a good and effective leader you need good followers and without them one can not be a leader.

4. When a person appears for an interview , after the initial selection process, then his suitability is judged by his would be superiors, but what is presumed to be present or overlooked is that the acceptability of  his subordinate. Whether the person is accepted or will be accepted by thee subordinates to be their leader whom they will gladly follow to achieve the organizational goal. It is presumed that the superiors have gone through the process and are fully aware and well versed and experienced to judge that a person whom they are selecting to lead a team will be acceptable by them as their leader. But I practice it may not be necessarily true and this is where the conflict start and may either force the individual to leave or the followers to leave or not to give their best resulting in harm to the organization in terms of wastage of money, effort and time.

5.  Another different approach to overcome this small problem could be to have the interview of the manger or superior taken by his immediate subordinates to judge whether he will be acceptable to them as their leader or not and thus have a say in the whole selection process. I am not advocating that the whole process be reversed but only that the subordinates view about his acceptability as their superior should also be taken in consideration of final selection. A step further would be for them to have a say in the gross pay of their leader.6. This will require a major change in the mindset of the superiors, HR department and in the organization but also some procedural changes. This will go a long way in building the trust and faith between the subordinates and their immediate superior. It will also be a major step towards the empowerment of the workers and a sense of belonging to the organization by being involved in the selection process and having a say in the whole process. It will also bring in openness in the organizational structure. In many organizations there is a feeling among workers that the superior has been imposed on them and it takes considerable amount of effort on his part to prove himself of being worthy of their leader with success or without with considerable loss to the organizations depending upon the leadership qualities of the superior. He starts from a negative to go on and prove himself to start on a positive note thus wasting his time and effort in small issues where the same time could have been used by him to build and motivate the team for greater goals. It is this time and effort which can be eliminated or a possible later rejection prevented if the juniors are involved in the selection process of their superiors and thus leading to harmonious relationship with considerable benefits to the organization.

Change or Perish

                                      Change or Perish

1. “I am convinced that if the rate of change inside the institution is less than the rate of change outside, then the end is in sight. The only question is the timing of the end.” Jack Welch was not forecasting but stating a mere eventuality when he made this statement. What could be more appropriate example to this statement than our industrial and labor laws, a haphazard cluster of legislation followed by innumerable rules, notifications and amendments?   The beginning of these laws can be traced back to 1850 when the Apprentice Act was placed on the statue books. In all over hundred of these laws have been enacted by the Central and State governments. Many of which have been almost totally modified or even repealed or replaced.

2. It is generally understood or rather misunderstood that labor laws are meant for large size establishments only, with a large working force. Undoubtedly, labor is a dominant factor of production in all units of organization and therefore legislation have been made for all types of labor employed in different types of establishments.  We in India unfortunately are still living in the shadows of the laws enacted during the colonial rule with only amendments being done in order to plug the legal loopholes rather than to change them to suit to the changing world of business competition. The time has come to do a rethinking or re engineering in these laws, regulations, Rules, procedures and systems and unless we change that and that too a revolutionary change, we will not be able to survive in the world market. It is an accepted norm  that when a road has become too old and obsolete that it can no longer meet the present day requirements then it would be better to relay the road or rather make a new road rather than to put patches on it. Roberto Goizueta of Coca Cola was not out of the mark when he said” If you think you are going to be successful in running your business in the next ten years the way you did in the last ten years, you are out of your mind. To succeed you have to disturb the present”. In our case of Industrial laws it is not ten years but a multiple of ten years as a unit.

3.  “Look at China and then look at our mess” says Arun Shourie, were the headlines of Indian express. It highlighted the statement made by Mr. Arun Shourie in the Rajya Sabha on 20^th August 2001. Painting a dismal picture of the economy, he said that if steps were not taken fast, we will fall into that abyss whose depth we do not know. It took China a few decades of isolation to come out and participate in the Olympics and look at the results. They even threatened the sporting giants like USA and Russia for the top spot in medals tally. Now they have opened another area-industry, and unless we wake up and wake up fast we will be left so far behind that it would appear that we were never part of the race at all. Will Rogers was bang on the spot, when he said “Even if you are on the right track, you will get run over if you just sit”.

4. The root cause of this spectacular success in such a short time lies in their commitment to excel, to be a market leader, to produce goods that are cheap and reliable. The success has come due to some basic radical changes in their Industrial and Labor Laws, which have resulted in shifting the focus from labor to industry itself. Some of the steps taken are:-

     (a) No trade unions are allowed in the special economic zones.

     (b) Strikes are banned in these zones.

     © Labor can be asked to go by giving 30 days notice or compensation in lieu of

          notice.

     (d) The strength of the civil servants has been reduced to half in just two years

           resulting in a drastic decrease in government interference and regulation in

           business activities.

    (e) Labor works for seven days a week and takes two days off in a month.

    (f)  The normal shift is for eight hours but they have to give in writing to their

          employers that they will work for 10 to 12 hours a day, when required at no

          extra cost implying no overtime.

    (g)  Availability of electricity at a very low cost.

    (h)  Change in appreciation that the emphasis is to change from protection of labor

           to the protection and survival of Industry. They believe that if the industry can

           not sustain and grow, the workers and nation can not sustain and grow. It is just

           change of priority of what should come first.

5.  We have a host of industrial and labor laws and the situation is further complicated when each legislation distinguishes between different types of industry and the number of workers, not to mention the innumerable number pf notifications, departmental clarifications and opinions. Some have limit of less than ten workers while other have limit of 20 or more workers and this trend continues. It is humanly impossible to be able to remember all these variations and their amendments. This is compounded by the fact that the ignorance of law is no excuse. It is essential that each person is familiar with these laws and in addition other laws that govern his individual behavior. This aggravates when we take into account the fact that our legal procedures are so lengthy and time consuming and they take so long to decide that it is no wonder people try to bypass them, find loopholes or even avoid them. The situation becomes especially depressing when we take the case of small or tiny industries which are managed by a single person or a couple of persons, who look after all the aspects pf purchase, production, marketing, maintenance and personnel, not to mention the hosts of visits, inspections by various government agencies and their return and records.

6. The demand of the day is to simplify these laws, records and returns to a bare minimum so that these can be effectively understood and implemented. Unless we can cut then down and in turn cut down the time, effort and the cost wasted in preparing, filing and maintaining them, we can not become competitive in the world market. One simple way would be to divide them and issue a consolidated labor and industrial law for:-

    (a) Industries employing less than hundred workers.

    (b) Industries employing less than thousand workers.

    ©   Industries Employing more than thousand workers.

7. Each law should contain a comprehensive list and consolidation of all the laws, rules, regulations and notifications elated to that particular category of industry including the records and returns required. These are to be kept at a bare minimum and should only deal with what is absolutely essential. No amendments or notifications can be issued in respect of this law for the next five years and that too should require that the whole laws is to be reproduced again and should not be confined to only issue of amendments or notifications. The industrial and labor disputes are to be reduced to just one that has the guarantee of payment of adequate compensation as per the applicable law. In other words, the hire and fire policy with a guaranteed compensation in case of removal is the requirement of the day. Strikes and stoppages or go slow of production should be banned by law with employees resorting to such measures to be removed from employment without any compensation.  This will help the industry in not only cutting down the costs but will also cut down the time and efforts and will lead to concentration of time and effort for higher production and thus bringing down the cost of production even further. At present the major emphasis of the laws is on policing. Civil servants act more like police and the laws heavily tilting towards, punishment, penalty, etc. This emphasis is to shift to that of an adviser, facilitator and guide.

8. In general among the workers there is a feeling that the departments like Provident Fund, Employee state Insurance, etc are not performing their functions as they are expected to but are plagued by procedures, wastage of time and corruption. A number of problems between the management and workers are due to these departments and arise due to non transparency, lethargy, red tapism and the typical babu like attitude of civil servants employed in these organizations, which lead to mistrust and fraud. We can take examples from other countries like USA and European countries, where provident fund, insurance, medical facilities are in the hands of private sector and the workers are free to choose the organization or institutions to whom they wish to entrust their funds with. Government does not act as a regulator and administrator but as a facilitator.

9. The crux of the problem is that instead of government deciding what is best for the workers let the workers decide what is best for them. It is imperative for the government to change its attitude before the attitude of the industry and workers can be changed. The first step in this right direction would be the long awaited overhaul of the industrial and labor laws. We should do away with the lengthy procedures, record maintenance, returns, visits, inspections and a host of penalty charges. Give the business a friendly environment to work in, an environment wherein the business can modify or change its role, requirements, functions and procedures fast enough, if not more, but at least equal to the rate of change taking place in the business world. Give some protection to the industry, not in terms of subsidy, but in terms of freedom to work as per the changing situation without any interference or squeeze from the government or other civil bodies, a corruption free environment. With due apologies to Archimedes we can say that “Give the business a place to stand firmly and a long enough lever and we can met the challenges of the world”.

Suggestions for Improving Govt. Machinery

                                    Suggestions for Improvements

1. Suggestions for the prevention of such heinous crime can be divided into ten different heads. These are:-

    (a)  Justice, crime and Punishment.

    (b)  Help to the victims.

    © Apprehension of accused.

    (d)   Preventive Measures.

    (e) Issues of the other side- concerning why such crimes are committed?

    (f) Sensitization of the Government Machinery.

    (g) Media responsibility.

    (i) Redressal Mechanism for failure of agencies.

    (J) Accountability of Public servants.

    (K) Administrative issues.

2. Justice and Punishment. The details about changing definition of rape, limiting Presidential powers for pardon or commutation and changes in the criminal procedure code have already been forwarded to the Justice Verma commission for consideration and hence are not repeated here again.

3. Help to victims. The issues can be divided into:-

      (a) Immediate help-.

       (b) During Trial.

       © After decision.

4. Immediate Help. 

(a) FIR to be registered immediately in the police station where such message is 

 Received or where the victim approaches without any restriction of territorial

Jurisdiction and investigation started. Intimation to the concerned police station is to be given within 24 hrs along with a report to the control room. Victim’s details not to be given to any person, accused, media, etc.

(b) FIR is mandatory whether the complaint is in writing, verbal, telephonic, post or even by e mail, even if the case relates to eve teasing, molestation, outraging the modesty of woman or any other crime against woman and investigation started.

© Medical examination to be done immediately in any Govt. or private hospital and a copy given to accused or to his immediate relatives. All medical expenses to be borne by the state and recoverable from the accused when convicted.

(d) Immediate information given to the Police officer (Not below an IPS officer) and to the husband/ parents/immediate relatives. It will be the responsibility of the police officer to monitor the case and ensure that all help is provided to the victim and also to address all complaints against his subordinates.

(e)  Administration to ensure that the statement of the victim is recorded by the magistrate as soon as the victim is able to give statement. This can be in addition to the statement given to the police. This will ensure that the police does not tamper with the evidence or change it and also victim does not change it under influence/threat.

(f) Statement of the victim as given by the victim is to be recorded. Embarrassing questions to be avoided and if necessary then they have to be asked by the woman police personnel in the absence of any male police personnel.

(g) Two finger medical examination as done by most medial doctors should be banned and if required then to be done by a female doctor only. If required then help of private female doctors to be taken. Other modern tests can be used to confirm rape.

5. During Trial.

(a) In Camera trials are compulsory.

(b) Monitoring of the progress of the case by a designated IPS or IAS officer.

© If rape is confirmed by the medial examination then indecent or awkward or embarrassing question should not be permitted to be asked in the court. Statement of the accused to the magistrate is to form the basis of case and cross examination if required to be done by video conferencing without the presence of the victim in the court room. Courts to ensure that these questions are kept within the limit of decency.

(d) Decision to be given by the court within three months from the date the charge sheet / case if filed in the court. If not decided then it is to be viewed as inefficiency on the part of the judicial authority and action initiated against him.

6. After the Trial.

(a)  Medical treatment to be borne by the state and should be recoverable from the accused after decision is given. The courts should award it as a fine in addition to other punishment.

(b) Rehabilitation programs in association with the Govt. welfare department recognized NGO’s, social welfare groups and corporate houses can be taken to give job and other measures. The aim is to settle the victim successfully in future life.

© All references to the victim like name, age, address, parentage, etc not disclosed to any body except concerned persons.

(d)  A national data based of all such accused should be maintain and accessible to any person, industry, organization and all police verification to include a verification/ clearance by such authority maintaining this data base.

5. Apprehension of the accused.

(a) Details of he accused to be given on priority to all police posts/ stations.

(b) Suitable reward may be announced for his apprehension.

© An advertisement is to be given in leading newspapers, if identity is established or otherwise and the cost recoverable from the accused.

(d)) pressure can be mounted on parents and other immediate relatives for the surrender of accused failing which action will be initiated for attachment of property.

(e) Reward to the police personnel who apprehend the accused to be given after conviction only.

(f) Progress to be monitored on daily basis by a police officer and kept in file.

7. Preventive Measures.

(a) Police force on night to be increased.

(b) Suitable reduction in the police personnel employed in VIP security and duty.

© Prompt action, speedier trial and deliverance of justice and strong punishment will go a long way in prevention of such crimes.

(d) Social stigma attached to the person convicted of such crimes by the society, neighbors, panchayats and a legal binding on such persons against employment in any job including banning of such persons to contest elections to MLA/MP/ cooperative bodies/ panchayats/ civil bodies/ Govt. jobs.

8. Social Issues. - Majority of such crimes is committed by sexually deprived persons and these feeling are further aggravated by the visual glorification in films, TV, or the pornography available on the internet. People come to the cities and more so to metros in search of jobs and are forced to stay in slums , in a small room with other male members for a long time , sometimes for years without company of their families ,especially female(Wife). This leads to a sense of sexual deprivation in them and the life outside in cities which is relatively free, adds fuel to this fire. If such crimes are to be eliminated/reduced, then this needs to be addressed. Some persons have gone to the extent of suggesting legalizing prostitution in order to curb /reduce such crimes.  However, a cheap housing, reasonable wages which will allow him to stay with family and a good transport system, increasing employment opportunities in villages/ kasbas/ small towns, a reasonable heck on the depiction /glorification of such crimes on films/TV/ Internet, and a social awareness programs, and availability of cheap and good entertainment to this class of people will go a long way in reducing such crimes.

9. Media responsibility. Media should exercise self restraint and should not glorify the accused or the victim. Glorification of such scenes in films, serials or otherwise should be avoided and if required should be projected in negative sense and to generate awareness. Identity, parentage, address etc of the victim should not be publicized and also the trial.

10. Sensitization of Government Machinery. This is the most important aspect after the procedure and punishment. Police, Govt. machinery should be given special training to handle, investigate and prosecute such cases. In almost all cases , except a few, the police personnel are to be blamed for not being sympathetic or sensitive to the trauma faced by the female and show arrogant attitude, male chauvinism or even outdated old behavior in handling such cases. Prompt action to be taken against such personnel by removing them from the services with no benefits and pension and with a black mark for future employment. This action to be complete within a time bound frame of 3 months. Similarly other Govt. officials are to be sensitized and action for removal taken on complaint with similar results. A prompt action will go a long way in restoring the faith and confidence of people in police and Govt. which is at present is very low. The worst are the police and the politicians including the self styled leaders of Khap panchayats exercising extra judicial authority. Any person including panchayats excising such extra judicial authority should be arrested immediately, put in jail with no bail and sentenced to a minimum punishment of 7 years. No authority except the Court of law as should be the one to decide on any case against any woman. Police reforms will go a long way in boosting their morale. Employment of more female personnel in police and establishment of more woman police stations, which will take over the case once FIR is registered in any police station within the district, should be given a priority. Mahila police personnel are to be given special training and counseling to handle such cases. Recognized female social workers/ female organizations can be attached to such mahila police stations not only to help, guide the victim but also to the police personnel.

11. Redressal Mechanism for Failure of Agencies. A system of redressal mechanism to be established and given wide publicity where complaints against police personnel, Govt. servants, judicial personnel can be sent by post, e mail, fax, telephone or personally. These should be investigated and inquired by a senior officer in that or separate department and if found justified then action to be taken against that person. A wide publicity to be given to such convictions. And personnel, investigation , prosecution and delivery of justice and implementation.

12. Accountability. Accountability for non registration of FIR, complaints, demand for bribe for registering FIR, harassment of victim, exerting undue pressure on victim, calling female victim to the police station, arrest after sunset and overnight locking in police stations, shoddy investigation, tampering of evidence, apathy of police and administrative mechanism and personnel in redressing the complaints, timely non implementation or delay in implementing the decisions  should be fixed and strong action taken such as removal for service  should be the norm. A strong message needs to be sent that the government is not going to compromise on these issues al all.

13. Administrative Issues. Administrative issue like police reforms to make a better service and not deploying of police personnel for VIP duty and security and for sensitization of routes for the VIP by police personnel should be discontinued and these person to the deployed  for public service.  Long working hours for the personnel  and menial tasks like employments as bearers, cooks , dhobis or personal servant in the house of officers and guest houses to be stopped. Police personnel should be given the honor and respect which he is entitled to. Police personnel are to be assessed periodically for fitness such as medical examination, psychological evaluation and physical fitness. Political interference in the police matters should not be permitted at any cost.

Amendements In IPC and CrPC in Respect of Rape

                       Proposed Amendments in Indian Penal Code and Criminal 

                                Procedure Code India in respect of Rape

Indian Penal Code

1. Section 376 Punishment for Rape- We need to categorize simple rape and rape associated with violence and prescribe different punishment for different acts:-

(a) Rape associated with physical violence - Minimum punishment to be of life imprisonment with no parole and the person to be jail till he dies and with increase degree of violence (physical damage to Body) it should be death. Rarest of rare cases to be that where rape is associated with body injury also. Fine to be imposed should be equal to the cost of treatment and rehabilitation besides cost of the case.

(b) Rape with abduction/Kidnapping- Minimum punishment of life imprisonment with no parole and to be confined to jail till he dies in jail and maximum punishment death. Fine to be imposed should be equal to the cost of treatment and rehabilitation.

Fine to be imposed should be equal to the cost of treatment and rehabilitation besides cost of the case.

© Rape associated with fear of bodily injury, violence or harm to self or family members, relatives and friends- Life imprisonment with no parole and no release till he dies in jail. Fine to be imposed should be equal to the cost of treatment and rehabilitation.

2. Section 509- Outraging the modesty of woman by physical act- Minimum punishment to be of 15 years of RI with no parole and maximum to be of life imprisonment. Cost of mental agony, case and treatment to imposed as fine

3. Section 354 – Outraging the modesty of woman by words (spoken or published whether in print or in electronic form), gestures, comments. - Minimum punishment to be of 7 years of RI and to a maximum of 15 years RI and with fine

4. Section 304- Outraging the modest of woman (molestation)- to include eve teasing also- Minimum punishment of 7 years to a maximum of 10 years of RI and with fine.

5. Presidents of India or Governor’s Powers to Commute or Pardon- Powers given to the President of India to commute the punishment or give pardon to a convict to be curtailed in cases of rape , molestation etc to that of only the power to commute the Death sentence  to life imprisonment till the convict dies in jail. The Governor or the chief minister of state  and Government authority whether central or state will have no powers to alter any of the punishment or to set free or release from prison any person convicted of committing any crime against the women. 

Criminal Procedure Code.

Cr PC to be amended suitably so as to provide for or make amendments to include the following: _

1.  Special fast track courts to be established in each district where such cases are to be tried exclusively or where such cases will be given priority above all other cases and finished within time frame specified.

2. Special Designated Judges (if possible female judges) who have been given special training to handle such cases with emphasis on counseling and empathy should deal with such cases.

3. Day to day hearing of cases, in camera, to be made mandatory and no postponement given once charge sheet is filed of case filed. In the absence of lawyers due to any reason the judge to give an Ex- Parte decision with available presented evidence and a stricture to be passed against the absent person. The charge sheet is to be filed within 90 days of FIR/complaint being received. In its absence, the responsible person/persons are to be given punishment, a suspension or no further promotions and benefits.

4. The case is to decided by the court within a time frame of 90 days from the date of charge sheet filed/ case filed and a failure to do so should be taken as inefficiency of the concerned judge or court by the high court.

5. No bail is to be given to the accused till a decision is given by the court hearing the case either by the same or any other superior court including High Court and Supreme Court. If an appeal is filed in the superior court then again no bail till decision is given by the superior court.

6. Section 154 to be amended to include the Supreme Court judgment that the FIR/ Complaint can be filed in any Police Station near by even though the police station

may not have the territorial jurisdiction over the crime scene. Initial investigation, efforts to gather immediate evidence, apprehension of the culprits and help to be given to the victim is to be given by the same police station with intimation to the police station under which the crime scene falls. The accused in no case is to made to run around and waste time in finding the correct police station. Failure to do so will amount to criminal culpability/dereliction of duty by the concerned police personnel/officer, and action, punishment is to be given to such police personnel.

7. A  written complaint, oral complaint, complaint/intimation on telephone or  complaint/intimation by  e -mail  , where details of the complainant is given ( Not anonymous) are to treated as FIR in this regard and given the same priority.

8. Once a complaint/FIR is lodged and senior officer and concerned police station informed then with a period of 24 hours the FIR along with the investigation report or other details to be forwarded to the concerned police station and they should get in touch with the victim and the victim should not be called to the police station. Failure to do so should amount to dereliction of duty by the concerned person. Intimation of its forwarding is to be given to central control room also.

9.  Courts, police officers should be permitted to take the help of registered NGO’s, Social welfare groups/organizations, or social workers. Questioning, statement from the victim to be taken in presence of parents/ social workers/ NGO's only and that too in camera only.

10. Identity of the victim not to be disclosed to any person under any circumstances, not even to electronic media or print media. Erring person to be charged and tried for dereliction of duty and suitable punishment awarded.

11. Any person above 12 years of age who commits the crime of rape, outraging the modesty of woman is to be tried as an adult and not as a juvenile and given suitable punishment. If a person commits such a crime then it can be presumed that that he has

all the characteristics of an adult and considers him selves to be an adult and hence should be tried as such.

12. FIR/ Complaint can also be lodged by a registered NGO/ social welfare organization/ group or a social activist for starting the investigation and arrest of the accused. But such complaints will have to be signed by the individual or given accent by him in presence of witness after the investigation is complete and before the charge sheet is filed.

The Most uncommon Sense- Commonsense

             THE MOST UNCOMMON SENSE – COMMONSENSE

1. We are very sensible people. We think sensibly, we act sensibly and then we expect the results to be sensible also, but then why it is that there are conflicts, and why do we end up getting results which are not expected and sometimes disastrous. We have theories trying to explain human behavior and how to modify or to change them for better performance, but when applied in practice they do not always lead to desired results. These tend to be explained as abstractions or deviations from normal behavior.

2. We are very sensible but what we as humans lack is the commonsense. Commonsense is probably the most uncommon thing in our thought process and hence in our action. We copy and follow the best practice around us and apply them equally with rigor and in all sincerity but what we normally miss out in all this is the thought of commonsense. We fail to ask ourselves:-

(a) Does this makes commonsense?

(b) Will it benefit common people?

© Is the decision or action for a common good?

3. We normally take very narrow view of the action and decisions around us. We tend to look at them in the context of benefit for self, or in a broader perspective that of organization. Inherent in the organization benefit is still the hidden motive of self. What we normally fail to take into account is the test of commonsense that whether it will benefit the common goal or to the people in the organization and society as such. It is true that what will benefit the organization may also translate into benefit into people who form part of the organization. But even though, it is a broader view, but as compared to commonsense a somewhat narrower view. Commonsense is something which is probably uncommon in all the common people.

“Commonsense is the knack of seeing things as they are and doing things as they ought to be done.”
                                                                                                                               John Berger

4. Commonsense is what people in common would agree and which they see sense in common as their common natural understanding. It is the belief and prepositions, which most of the common people in their experience considered to be prudent and of good judgment, without any recourse to any other theory, study or logical reasoning. It is believed to be based upon the knowledge held by common people. Commonsense generally tends to relate to the events within the human experience and sometimes erroneously thought to be against logical thinking.

“Commonsense is the collection of prejudices acquired by age eighteen.”

                                                                                      Albert Einstein

5. Commonsense can not be taught and neither its use. It is a skill which has to be acquired by constant use, trial and error and reinforcing the right beliefs, which are in consonance with commonsense, and thus turning it into a habit. Because it is a skill, hence it relies heavily on application, feedback, correction and reinforcement of right beliefs. Try to apply the principle of commonsense to every action/ decision one makes even if the decision does not lead to desired results or contrary to it and then treat this experience as an event on the learning curve and try again and again. Practice and experience will bring better and better results and make you more proficient and with more proficiency comes the expertise. It is just a matter of trial, error and correction.

6.  Commonsense management is the implementation of nature’s good judgment to the management process or the effective utilization of resources to achieve the desired goal or results. It is simple but very uncommon. It is based on objectivity and a genuine willingness to implement changes. It can be said that it is the integration of assets, people and their skills to effectively achieve the object of business.

7. Our experiences are based on the patterns formed in our brain by the inputs given by our five senses. When we say we are using commonsense we mean that we are relating to these experiences and events which we have perceived in the past with our senses. The more effectively and faster one can relate to these experiences the more commonsense a person is said to have.

Mental Models- The Basis of Intutive Forecasting

     MENTAL MODELS- THE BASIS OF INTUITIVE FORECASTING

 1.  Intuition is putting the experience and knowledge available with an individual in the subconscious part of the brain into day to day decision making. Forecasting is presenting a picture of the future. While presenting a picture of the future one is normally presented with a number of scenarios and possibilities. Some are more likely than others and some less likely but all are possible. In forecasting there is no certainty. The attachment of probability to an outcome depends upon the facts, models , variables under consideration and the weight age given to these variables in the given situation and then in a major part to  the experience and past knowledge of the variables and their interpretations available with the individual.

2. Intuition is the way in which we translate our experience into judgments and decisions. It is a set of hunches, impulses, insights, gut feelings, anticipation and judgments stemming from previous events in one’s life.

“The intuitive mind is a sacred gift and the rational mind a faithful servant. We have created a society that honors the servant and has forgotten the gift”

                                                                                                      Albert Einstein

3. We have been taught that these ideas have been reinforced in our minds that more data or information coupled with better analysis based on latest models and tools leads on to better decision making. There is enough evidence to suggest that when people ignore intuition and base their decisions on purely empirical data and models the quality of decision suffers. In a survey about 90% of the CEO’s candidly admitted that their decisions are based on intuition and justified later on by data and facts.

4. Herbert Simon introduced the concept of “bounded rationality” to explain why it is impossible to make any important decision by gathering and analyzing all the facts. There are too many facts and too many combinations of the facts. The more complex the decision and more variables it involves , the faster the complications add up thus making the process of decision making that much complex and cumbersome  and with this goes up the level of uncertainty, thus making the probability of decision going wrong that much possible. Human mind is capable of only a limited amount of data storage, permutation and combinations and processing.
5.  As diversity adds up it becomes increasing difficult to arrive at a decision. It is here that a pattern of situations which one has acquired over the years come to his rescue. It is these patterns, which stem from his experience base help and guide him to come to rational decisions. There is of course a difference between using an informed and uninformed patterns. One needs to ignore and avoid using uninformed patterns by a deliberate process and attempts and use more and more of informed patterns. Informed patterns are those which are formed in the brain by actual experience and have been reinforced by their use whereas uniformed patterns are those which are formed not by personal experience but by experience of others and are untested or are formed from single experience.

6. These patterns are nothing but repeated experiences that are formed subconsciously which are linked together in the form of a pattern in the brain. Therefore it is possible to link to these patterns in the subconscious part of the brain by a deliberate effort to recognize the links that binds these patterns. When one is faced with a situation and a decision is required, it is these links and patterns that are activated and thus provide one to recognize a past pattern in the subconscious brain and thus the brain throws up a solution to the situation based on these past experiences in the form of gut feeling, hunches, insights and impulses. What is required by an individual is to recognize these hunches, insights thrown up by these patterns and deliberately use them to arrive at a reliable and prudent decision. By repeating these efforts over and over again one develops a skill to use to acquire and use them and thus make it a habit of using them in the decision making process. The more skill you develop, that much shorter will be the time taken to arrive at a decision.

7. As one gains more experience and skill one also develops the skill to develop more and more new form as well as modified and improved form of these patterns and sets in motion a form of chain reaction. This leads to an increase in the information data base and the decisions tend to be more and more realistic. When one encounters a new situation then the brain throws up a number of similar situations and it is here the experience of the person in using these patterns comes into play and allows him to either to create a solution or to present him with a decision based on a number of patterns, thus allows a person to improvise a solution.  This also allows either the information base to increase or allows one to modify the old patterns to suit the new situation.

8. We form these patterns and links about everything and whatever can be perceived by our five senses. We make mental patterns or models about market, competition, persons, behavior, relationships and even physical things. Some of these are static model while others are dynamic model, like, markets, preferences, customers, atmosphere, etc. When we make a dynamic model we generally tend to reduce the scale to a small manageable, easily comprehensible and understandable. This reduced scale patterns are neither wholly accurate not do they correspond completely to the reality. This is dependent upon our ability to comprehend the main variables and their relationship with other less important variables. Generally a person uses main variables and tends to discard or even eliminate smaller variables. One tends to use simplicity in order to sacrifice some finer details.

9. These simplified patterns are essential since they simplify a large and complicated world into a simple basic form for us to understand. It stems from the fact that our brain can comprehend, see and make patterns and store a limited amount of information.