Tardy justice

It is imperative that priority must be given to the disposal of criminal cases, and especially criminal appeals in the high courts and the Supreme Court. It is shameful that a person should rot in jail for years because he has been unable to obtain or afford bail and the courts have no time to take up his case. What is more shameful is the reluctance of lawyers to work during vacation even though judges were prepared to sacrifice some part of their vacation and take up criminal appeals.

The need of the hour is the establishment of more fast-track courts manned by competent judges and the appointment of competent counsel at reasonable remuneration to assist the court. If criminal justice is not dispensed expeditiously, Shakespeare’s dramatic flourish, “the first we shall do is to kill all lawyers” may materialise and, God forbid, judges may also be included in that ominous resolve.

Mini uniform civil code

The ideal of a uniform civil code in our Constitution still eludes us. Interestingly, this goal has been realised in Goa, Daman and Diu and there is uniformity in the application of personal laws. The Portuguese Civil Code, enacted in 1867, constitutes the basic substantive civil law and regulates, inter alia, matters relating to family, contracts, succession and property. The code has been adhered to and followed by all the communities, Hindus and Muslims, who, barring rare exceptions, have not chosen to avail of those usages and customs of their communities which are expressly saved in the Code of Usages and Customs. The code has been helpful in forging a cohesive and homogeneous society, and according to Justice Dr G.F. Couto, former judge of the Bombay High Court, it “has enabled its citizens to live in peace and harmony, as well as to strengthen the basic unit of the society, the family, by safeguarding the interests of the children and of the widows”. Thanks to the herculean labours of senior advocate M.S. Usgaocar, the Portuguese Civil Code has been translated into English, which has proved extremely useful. Hopefully, the Goa example can be emulated and with appropriate adaptations the dream of the founding fathers of a uniform civil code can be realised.

Distracted by dress

There can be no objection to a dress code in principle. One cannot walk into a church or a temple in shorts or attend a condolence meeting dressed in a multi-coloured T-shirt. Attire depends on time and place. However, it is not clear what a proper dress would be for employees. It is said that one of the reasons for a top IT company formulating and enforcing a dress code was that it had received complaints from its employees who found the dressing style of some employees objectionable and distracting. Pray what is objectionable and what is distracting? Is it tight jeans or is it the revealing nature of the attire? It is all in the mind. More than a dress code, what is needed is psychoanalysis of these distracted employees.