Hi Friends,

Even as I launch this today ( my 80th Birthday ), I realize that there is yet so much to say and do. There is just no time to look back, no time to wonder,"Will anyone read these pages?"

With regards,
Hemen Parekh
27 June 2013

Now as I approach my 90th birthday ( 27 June 2023 ) , I invite you to visit my Digital Avatar ( www.hemenparekh.ai ) – and continue chatting with me , even when I am no more here physically

Thursday, 23 November 2023

DEAR LAW MINNISTER : HERE IS A LAW-SUGGESTION FOR YOUR CONSIDERATION

 

Next Day – after next – after next ?

 

 

 

Context :

 

Bombay HC talks tough on child malnutrition   /   Hindu  /  23 Aug 2021

 

Extract :

 

Ø  The Bombay High Court on Monday said if there are more deaths of children due to malnutrition in the Melghat region in

    Maharashtra, it will hold the principal secretary of the State Public Health Department responsible.

 

Ø  The court was informed by the petitioner that in the last one year, 73 children had died in the region due to malnutrition.

 

Ø  State counsel Advocate Neha Bhide, told the court that all steps were being taken to address the issue.

 

Ø  To this, the court said, “If your (government) machinery is so well equipped, then why have there been 73 incidents of children deaths due to malnutrition?”

 

Ø  The court went on to say, “If on the next date of hearing we are informed that there have been more deaths of children due to malnutrition, then we will hold the principal secretary of the State Public Health Department responsible. The Public Health Department secretary has to rise to the occasion.”

 

Dear Hon Judges of Bombay High Court,

 

 

Thank you for making absolutely clear as to “ WHO “ ( a person, not a vague department name ) you will hold responsible

 

That said, in case of a default, what “ punishment “ can you hand down to that person ?

 

In absence of an appropriate law, could you hand down ANY punishment at all ?

 

Our constitution allows you to only “ Interpret “ existing laws

 

It does NOT allow you to “ Enact “ a new law

 

At the same time, nothing stops you from “ Recommending “ passing of a new law , to punish bureaucrats for committing CRIMES of OMISSION , as explained at some length in my following blog ( earlier sent as e-mail to our Cabinet Ministers / State Chief Ministers etc ) :

 

Ø  Needed : a Service Liability Act…………………………. [ 12 June 2019 ]

 

Extract :

 

To hold every Public Servant “ accountable “ for causing hurt / damage to any citizen , what we urgently need is a “  Service Liability Act Govt Employees ) 2019 “ , which clearly spells out :

 

#   Extent of hurt / damage

 

     Minor injuries  /  Temporary-permanent Disabilities /  Deaths

 

 #  Coverage

 

    Individual Citizen  /  Community  /  Entire Country

 

#   Time Frame

 

     Short term  /  Medium  Term  /  Long  Term

 

#   Economic Impact on the Sufferers

 

     Mild ( loss of money ) / Medium ( loss of assets )  /  Severe ( loss of earning capacity )

 

#  Cause

 

·         Negligence ( abdication of responsibility ) / Indecisions on part of a Public

          Servant

 

 

·         Poor but honest decisions

 

 

·         Mala-fide decisions ( with pecuniary gains for decision taker )

 

 

 

Here is my Conceptual Frame Work for an Online Rating Form :

 

==================================================

 

                        SLAM  :  Service Liability Assessment  Matrix 

 

                      ( an online form / Mobile App , for rating by citizens )

 

Assessment Parameter

Weightage

Most (5)

Certain (4)

Possible(3 )

Negligible(2)

Least ( 1 )

Extent of Hurt

20 %

Coverage

30 %

Time Frame

10 %

Economic Impact

30 %

Perception ( Most likely reason for mishap )

10 %

 

TOTAL    : …………{ Call it “ AQ = Anger Quotient “   or   “   WS = Wrath Score “ }

 

 

================================================== 

 

Let the Service Liability Act Proposed ) , prescribe various levels of punishments ( for Govt Employee/s , determined responsible for the root-cause of this mishap )

 

With regards,

Hemen Parekh  /  hcp@RecruitGuru.com  /  26 Aug 2021

 

CC :

supremecourt@nic.in

SupremeBarAssociation@recruitguru.com

 

Legislation or No legislation ! …………………….[ 06 Nov 2019 ]

 

Extract :

In matter of  the stubble burning creating a “ life and death “ situation for citizens of Delhi, the Supreme Court seems to be telling the Chief Secretaries of Punjab – Haryana – Rajasthan – UP :

 

“  Just because there is no law to hold you accountable for playing with the lives of millions of citizens , does not mean , you can wash your hands off your responsibility .

 

We, the Supreme Court , are not here , merely to “ interpret “ the existing laws. In the interest of the citizens, we have also the responsibility to compel the legislative wing to “ enact “ appropriate laws

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