Does the Indian Constitution require a make-over?

Look at what has happened in Karnataka. The Chief Minister gaddi is like a musical chair, every few months we seem to be in a crisis. Being a "mannina maga" myself, I cringe everytime I see Mr. Gowda goes on tele and says that he is not power hungry. With the events of the past week in Karnataka, the people do not seem to have ANY say in who gets to run the State. The decision of who will run the state is left to some committees in New Delhi belonging to poltical parties. As a voter I totally feel short changed. When I voted last, I surely did not want Kumaraswamy as the Chief Minister or for that matter Yediurappa. As a voter, we do not have a choice of who becomes the Chief Minister. Normally each party "projects" their Chief Ministerial candidate. That alone does not guarantee that he/ she will ultimately become the CM. The internal politics in the Congress party has given us a live demonstration of that the person projected as CM, did not even last 2 years in power. I strongly beleive that we should elect the Chief Minister directly, and the state legislature separately.

The Shivajinagar Land Dispute

On 15/7 morning I read a newspaper article on the land dispute in Shivajinagar. I have been following the story very closely as I was curious what shape it will take. First we live very close to the area. There was police protection to the disputed site. Second, wanted to know how far the police would go in enforcing the law of the land where religion was invovled.

For the uninitiated, the state public works department (PWD) started to work on a piece of land. The plan is to build a post graduate students hostel for students of Bowring Hospital. This land is sandwiched between the Shivajinagar Bus Stand and a Mosque. The Mosque had laid claim to the land, stating that it belonged to the Mosque.

This dispute first was resolved by BDA who after verification stated the land belonged to the state. Later on, the dispute went to the Karnataka High Court, which passed the order in favor of the state. YET, there was a police presence at the site and every time the PWD started work, crowds would gather to pressure the PWD to stop the work.

According to the newspaper report, the PWD started work on 14/7, just a bhoomi puja. They did some token work as "aashada maasa" was starting 15/7. Rumors were spread that the PWD workers had destroyed a tomb and cemented the place. A huge crowd gathered at the site and mosque. These situations are very volatile, just waiting for the first spark.

The police on their part, have done an excellent job here. The matter could have easily gone out of hand. The police could not have gone around showing a court order. So what did they do? If people claimed there was indeed a tomb, the police allowed mosque authorities to dig! The picture in the news paper report shows a deep trench, with only earth, and nothing else. The police had the presence of mind to have all the community leaders/ elders on site to witness. they made the leaders announce over PAS the result of the digging expedition. Now there is no contest, no claim, no doubt.

The police have closed the issue once and for all. This issue could have dragged on, and every time some local politician needed some mileage could have raked the issue up. Sad to note that despite the highest Judicial authority giving a clear judgement, the PWD could not start work. Hats off to the Police officer (needs to be verified, the police officer mentioned in the newspaper report is DCP Mr. Bipin Gopalkrishna) for some real common sense thinking!

B-Trac 2010: Another ill-conceived idea?


The Bengaluru Traffic police have embarked on a very expensive traffic management agenda with the B-TRAC 2010. The budget allocation is a whopping Rs. 350 crore. This is some very good money being spent, which sounds like a highly ill-conceived approach that has not been fully thought through. The traffic police propose to use some "state-of-the-art" technology to
implement this.

Having been born and brought up in Bengaluru, there are some fundamentals that have been ignored. Policy decisions like vehicular population apart, the police have completely ignored the human aspect of the situation. At peak time traffic, the police are in strength at say for example at the busy MG Road -Brigade Road junction. The written (and some unwritten) law is
enforced in full. When the signal turns red, the police-man at the junction manually signals the motorists to stop. This has become such a habit with motorists in Bengaluru that rules are followed only if a White-Khaki combination is spotted. RED means stop, policeman or no policeman, 11:15 AM or 10:30 PM. Some considerations for the traffic police, before good money, yours and mine is spent.

Habitual Offenders
Many a time at a traffic signal, there are vehicles stopped waiting for their turn. With no white-khaki in sight, the first yellow board vehicle, or a 6-wheeler, more often a two-wheeler jumps the signal. Then the mass follows. It is these two or three people who are the habitual offenders. IF you see a two-wheeler coming the wrong way on a one-way, 90% guaranteed, the person is not wearing a helmet, and often 3 people on the two-wheeler. More so, if you stop the person, he will have no papers for the vehicle, no license, no emission certificate and so on. These are people who have scant respect for the law. This will be the same person who jumps the signal at every opportunity, the same autorickshaw driver who demands excess fare. They make a habit to not follow the rules. Being so blatant about breaking the law, the traffic police-man stays away from
this kind and prefers to go after the meeker mortals to meet the fine collection targets.

Broken Window Theory
This theory was propogated by James Q. Wilson and George Kelling. The thesis is to attack the problem when it is small and to attack the seemingly smaller or preceptively insignifcant problems. "if the first broken window in a building is not repaired, then people who like breaking windows will assume that no one cares about the building and more windows will be
broken. Soon the building will have no windows....". This theory was put into practice to fight crime in the US, notably in New York City sub-way system. The police went after ticketless travel which was considered the most minor offence. However, once a person was stopped for ticketless travel, the police could check the person for anything, concealed weapons, warrants,
et al. The theory however, holds good for enforcing traffic rules as well. Go after the smaller crimes, jumping signals, driving with high-beam on, parking on footpaths, jumping signal when it is the pedestrain turn, going the wrong direction in the one-way. A sense of the traffic has to be built into the minds of the people and for bigger part a respect for the law to be instilled.

Bottlenecks
In Bengaluru, traffic moves from one bottleneck to the next. There hardly is any stretch of road in Bengaluru that does not expand and later contract, leading to a bottleneck. Motorists spread out on the wide stretches and squeeze in at the bottleneck. Take for example the Brigade Road-Residency Road junction. For traffic that comes down Brigade Road to stop at the singal at this junction, the road widens upto Mota Arcade. The traffic spreads across this vast expanse, motorists await like race drivers at a start-line. Motorosts who come in last at the signal take up position on the extreme right. On the other side of the road, the continuation of Brigade Road is extremely narrow. When the signal turns green motorists from the right squeeze in, blocking others in the center, invariably backing the traffic up. Once you get thru this bottleneck another
one is waiting for you at the Vellara junction. Another notorious junction is in front of the BBMP office-LIC building. Traffic going towards market spread out inside the median and then attempt to cut across to squeeze past the signal. There is a serious need to keep the width of the roads constant for a stretch. TRaffic will move faster on a narrow road, than a road
of inconsistent width that widens and narrows.

High and mighty
Traffic law like all others, are disregarded most by politicians, government offcials and worse by police themselves. Many a time there are police vehicles parked right under a no parking sign. The official is NEVER on official business during these violations. IF one is driving through Queens Road, passing the Karnataka Pradesh Congress office is a nightmare when they are
in business. Two lanes of Queens Road turns into a parking lot. Parking on the footpath is a perennial problem.

Driving as the primary activity
For many people driving or riding is a secondary or sometime even tertiary activity. Talking on the cell phone while driving and even worse while riding a two-wheeler. It is a veritable circus on the road with the person smoking, speaking on the cell phone. Some two-wheel riders stuff their cell phones inside the helmets, the attention to riding the vehicle does not seem to matter at all. In one instance, I have spotted a two-wheeler with 3 people, the man riding the bike was riding and smoking, the 1st pillion was holding the cell phone to the ear of the rider, the 2nd pillion was giving the turn signals!

A good example of an ill-conceived idea of the traffic police is the dedicated auto-rikshaw lane on some roads. One lane out of 3 is exclusively for the auto-rickshaws. Does this mean that 1/3 of the traffic population are auto-rickshaws? According to the traffic police web site the auto-rickshaws constitute 3.21% of vehicular population in Bengaluru. Everyone who has
been on these roads knows that when the lanes reach a junction, it is total chaos. The auto-rickshaw who is on the extreme left, has to cut across the road to take a right turn. Other vehicles which need to turn left have to cut across the auto-rickshaw lane, vehicles merging from arterial roads have to muscle with the auto-rickshaws before they can reach the
center lanes. There are bus-stops on the roads with auto-rickshaw lanes. Now the bus has to stop in the center lane, commuters have to risk life and limb by walking across the auto-rickshaw lane, at the end the 3 lane road has been reduced to one!

The police need to factor in the human aspect into their plans. At the end of the day they are dealing with people and not vehicles. Their efforts are to be focused on this aspect, rather than setting up infrstructure where one can hire and auto-rickshaw via SMS. Ask any working woman on MG Road who is looking for an auto-rickshaw at 7 in the evening, there are
auto-rickshaws, but the auto-rickshaw driver is unwilling to take the fare. How does one educate the one-hand-on-cell-phone-call-center-vehicle driver who decides to make a U-Turn at a whim, with out a care for the traffic jam he caused behind and in front of him? What technology can achieve this?

A clear & focussed intent is the need of the day from the police. The motivation for law enforecement has to be just that, enforcing the rule of the law. As opposed to meeting the fine collection target for the month. The police have to look within for this, no help from the government or policy changes or legislation. They need to do some ground-level brain storming for solutions, technology can only be an enabler to the solution and not the solution itself.

References:
http://www.Wikipedia.org
http://www.cjcj.org
The Tipping Point - Malcolm Gladwell http://www.bcp.gov.in/english/trafficpolice/aboutus/aboutus.htm
http://www.btrac.in/index.htm

The complaint to Police Commissioner

I was advised by a few citizen activists that i should file a complaint with the Police Commissioner. I heeded their advise and did so. I gave a written complaint, detailing out the events of the 3 days. The complaint was given to the Police Commissioner of Bangalore Police somehere around 6-March-2006 by the citizen activist Mr. Govardhan of Swabhimana. A few days later, a police man from the Audugodi Traffice police station came to my house. The inspector of the police station requested my presence regarding the complaint I had filed.

I went to meet the inspector along with Mr. Govardhan. Here all the inspector asked was if anybody had asked me for a bribe. The answer is no, and I said so. According to the inspector that was the only form of harrassment that was possible. In his books, filing false complaints, not recording statements does not fall into the category of harrassment. We tried in vain to tell him that refusing to accept a statement is a form of harrassment when the police are supposed to be impartial and agnostic in their approach.

After this meeting nothing much happened. Mr. Govardhan did try to followup, but of no use. I figured that, this was going to be my battle and mine alone. I need to fight this and take it to the logical conclusion myself.

Apaghata - III

Events on 01-Mar-2006 - day 3

11:30 Hrs to 11:50 Hrs
I reached the Adugodi police station, and went to the Accident (Investigation) section with Rs. 100 stamp paper purchased from State Bank of Mysore, MG Road Branch. SI Mr. B Siddappa was in the police station and he asked me to wait as Mr. Shivanna was not there. After about 20 minutes, Mr. Shivanna did not come. At 11:50 hrs, Mr. Siddappa instructed the other person in the station to prepare the documentation to secure the release of my car.

11:40 hrs to 13:00 Hrs
I signed many documents; I was not given a copy of any document I signed. I was told I was not entitled to any of those. My driver’s license was impounded. The only document copy I was given was the acknowledgement of impounding my driver’s license. The final document was prepared on the Stamp paper I had bought. In this document it was written that I hit a pedestrian. I immediately took up the matter with Mr. Siddappa, who said that I could not dispute that issue. I was concerned that if I sign that, then it will amount to me admitting to a misrepresentation.
I asked Mr. Siddappa about the statement I had made and what action he will take as the investigating officer. He categorically stated that as an accused I had no avenue to make any statements. Mr. Shivanna even stated that if I have to prove my side of the story I had to produce the schoolboy riding the cycle. Mr. Siddappa said that I should come a week later admit guilt and pay-up the fine. He took no heed to my pleas of why I should do that when there is no fault of mine. At the end with out much option I signed the stamp paper after being assured that that document will not be used in court.

Apaghata - II

The day after the accident

Events on 28-Feb-2006

10:00 Hrs – 10:30 Hrs
I reached the Adugodi police station, and went to the Accident (Investigation) section. I was told that the Sub-Inspector was not available and had to wait. After sometime, I was asked to photocopy the FIR that was lodged (case no 51/06) and few other papers. I complied with the request and photocopied the documents. This was when I read the FIR and the complaint where I allegedly hit a pedestrian.
I was told that the document to have the car inspected by RTO was ready and it required the signature of the Sub Inspector Mr. B Siddappa and I was to wait for him.

10:30 Hrs to 11:30 Hrs
After waiting for an hour and half, the writer in the police station Mr. Shivanna himself, who was present from the time I got there, signed the RTO letter and handed the same over to me. When asked what the procedure was after the RTO inspection I was told that once the inspection is complete I can take my car.

11:30 Hrs to 12:30 hrs
I reached the RTO (Central) office in Koramangala BDA Complex. I was directed by the reception to the ARTO’s office. The ARTO signed the letter and directed me to an inspector. I met RTO inspector Thyagaraj (mobile number 9448004222). He informed me that he can reach the police station only at 15:00 hrs. He gave me his cell phone number and asked me to call him at 13:30 hrs.

13:30 hrs
I called the RTO inspector, who asked me to meet him at the police station at 14:10 hrs. I once again informed him that the car was parked in the premises of Adugodi (Law & Order) police station.

14:00 hrs – 15:15 hrs
I called the RTO inspector that I had reached the Adugodi police station. He asked me to wait there. In between he called me to check where I was, I again repeated I was at the Adugodi (Law & Order) police station.

15:30 hrs to 15:45 hrs
I fixed up to meet the RTO inspector at Adugodi Traffic Police station. I met Mr. Shivanna who told me they will complete the formalities for release of my vehicle once the RTO inspection is complete. Mr. Shivanna did not elaborate on the formalities despite me asking specifically about the formalities. Mr. Shivanna left to have lunch while I was waiting for the RTO inspector.
The RTO inspector met me at the Adugodi police station and I took him to the Adugodi (Law & Order) Police station. He inspected the car and asked me where the damage was. I informed him that there was no damage to the car from the accident I was involved in. He completed his inspection, wrote a note to the sub-inspector and left.

16:00 hrs to 18:00 hrs
I walked back to the Adugodi Police station. At that time, there was only one person in the Accident (investigation) section. Mr. Shivanna and Mr. B Siddappa were not available. I informed the person in the office that I will wait for them. After 30-45 mins the person in the office informed me to leave and come back tomorrow as Mr. Shivanna and Mr. B Siddappa were not available.
By this time, Mrs. Sheela Ladha and Major Kapur from the Koramangala residents welfare association called me and said they are on their way to the police station. Once they arrived, we met with Inspector of Police Mr. Singad. He asked me if I had the stamp paper ready. All the time I was in the police station, since morning I was not told that stamp paper was needed as part of the formalities. I informed Mr. Singad that the procedure needed to secure the release of the car was not explained to me. It was too late in the day to buy stamp paper as it is sold only in branches of State Bank of Mysore. Mr. Singad immediately instructed the personnel on duty to release my car and asked me to come back the next day to complete the formalities.

Apaghatha.

That's what the police sub-inspector (accident investigation) at the Adugodi Traffic Police Station told me. "It is afterall an accident. I did not intend to be there. The schoolboys on the cycle did not did it on purpose. There is no motive. That is why it is apaghata, accident."

It sure was, an accident. Wife and me heading back home on Hosur road towards in the direction of richmond road from Koramangala. Around 5:20 PM. We had to take a different route that day to do an errand on the way back home. As we passed the Adogodi traffic signal, there were 2 school boys on a cycle heading in the worng direction on our left. I saw them too late as they came up suddenly behind some people on the road. We were travelling pretty slow as the signal had just turned green. Before I knew it the handle of the cycle came in contact with the left rear view mirror. The boys fell down. I stopped the car got out to help and now comes the fun part!

The school boy riding pillion was hurt as his leg was stuck in the cycle. The traffic constable at the junction saw the whole thing and asked me to take the injured school boy to the hospital. WE put him in the back seat, along with a class-mate and passery-by took the injured school boy to St. John's hospital. At the hospital the doctors asked for initial money for the x-ray and registration. I paid for both.

After sometime, the boy's paternal uncle landed up. From the minute he saw the boy all he did was yell and shout at the boy. He screamed at him for being on a cycle. Before I knew what was going on, the story had changed. Now I was accused of hitting a hapless schooboy who was crossing the road. The cycle and cyclist out of the picture.

I was asked to take my car to the Traffic Police station. A constable from the police station drove with me, I suppose to make sure that I did not run away! Got to the police station, and when I walked in, the boy's uncle was there, and a complaint was being written stating that I had hit the kid while he was crossing the road. I protested, but in vain. I wrote my version of the accident, and the sub-inspector in-charge (Siddiah) refused to accept my complaint. I did not have much choice but to leave my car at the police station as the Inspector was away.

Later in the night, I went back to the police station with a friend of mine to meet the inspector. He took my letter that contained my version of the accident, refused to give any acknowledgement. He assured me that my statement will be included in the investigation. This was at 10 in the night.

The aftermath of Dr. Rajkumar's passing away.

The city of bangalore has witnessed mindless violence on April 12th and 13th 2006. I have been confined to home as most people in the city. People are fearful of stepping out as the steets seem to have been taken over by hoodlums and miscreants.

On the news channels, yesterday there was footage of people burning police vehicles. People were everywhere. My deepest sympathies to the neighbours of Dr. Rajkumar. The "public" were out and in huge numbers. They were pouring into the neighbouring houses. Eventually they got into Dr. Rajkumar's house too. For a moment the footage from the news channel looked like the movie critters or an alien movie where humans were replaced by this mob.

Today, the 13th of April, the city is virtually SHUT DOWN. The ones on the street are having a field day burning busses, pelting stones at cars and buildings. In today's newspaper, the chief minister had stated that police will deal with rioting very strictly. The story on the streets is very different. One BMTC bus was in flames, one KSRTC bus was being pelted with stones. The worst footage of all, two policemen jumped out of the KSRTC bus and were chased by the mob and beaten up. all on tape.

I am a great fan of Dr. Rajkumar. As a child I have watched all of his movies in the theatre and now I always am on the look out for some of his classic movies on VCD. The man personified the cause of Kannada. From what I know he is not a kannadiga by birth, but that did not stop him from taking up the cause. All of this violence in his name? Everytime he was involved in anything, there has been mindless violence in his name and now even as he passes away, there is violence in his name.

I am curious to know who these people are. They are shouting, screaming, laughing, dancing, throwing stones. Who are these people? Where did they come from? What do they do in life when they are not resorting to this acts of violence? What are they protesting against? Are they protesting against nature? Every living being must die, sometime, sooner or later. Did they really think he was immortal?

There is enough footage on camera. Footage of people attemting to overturn a police tow truck. Footage of people throwing stones at a bus and dancing in front of the news cameras. Footage of people chasing policemen and beating them up. Pictures in newspaper of a mob rolling a police car over. I think the police should use all of this footage and press pictures and go after these guys. IT only takes a handful of them to cause this mindless violence.

To when end? Were they protesting against an asbestos laden ship on its way to indian shores? No. Were they protesting against the narmada dam height being raised? No. Were they protesting against increased taxes? No. Increased petrol prices? No. Were they protesting auto-rickshaw drivers demanding excess fare? No. What then? What?

Looking at the faces of these faceless people, it is a truly mob mentality. I am in a mob, hence invincible, and INVISIBLE. Who burnt the bus? A mob did. Who overturned the police car? A mob did. Who beat up the hapless policemen? A mob did. who is this mob?

Wonder what 'Annavaru' has to say about all of this violence in his name. To be honest, he did not have much to say when there was violence when he was kidnapped. There are many conspiracy theories about that.

Sure hope his soul rests in peace, given that for the living it is hell unleashed by his "fans".