DailyPost 2898
CRIMINAL SILENCE – LEGALLY POSITIONED
Most probably you would not have heard of this terminology or phrase, and definitely find it to be intriguing. It was not my intention to create this operational phrase, but the vacuum of expression, communication and action in the gravest of challenges / crimes forced this expression out of me. Silence is the beginning of linear progression of the death of that issue and then being allowed to slip into historical crevices or is given a decent legal burial. Suffice to say, it will keep raising its head in a variety of ways, each more critical, dangerous and precarious than the preceding one.
Does the constitution and the legal mandate allow for this lapse? For sure no. While nothing is there in word, the spirit does not allow for this and possibly it should never be done. As it helps one and all, across political colors and governance mechanisms, a criminal silence enabled ecosystem is allowed to prosper. What then is criminal silence? It is the prerogative to remain silent when you are being accountable, refuse to speak, when the situation warrants. This is very similar to criminal breach of trust. This is being done by persons in responsible positions, who are legally positioned to deliver. Their utterances cannot be hollow.
Given that reality in a crisis situation, they will be forced to put forth their blueprint of action. If it is not acted upon or it fails to deliver, you face immense criticism. You may be then held responsible for messing up the issue or nascent crisis. So, the political executive and the bureaucrats prefer to escape out of it by not speaking. They also work hard to create a safe smokescreen so that they avoid the onslaught and finally the accountability. Finally, they would leave the issue in a despicable situation for the time to kill it. If you do speak, it is with the intention of either vitiating the issue or come with some lame excuse for yourself.
Criminal silence is also in operation when some low functionary or an unconnected person talks on your behalf or the organization. That person cannot be held accountable either. Another major dimension is when you speak but speak generic stuff, which has no meaning in real terms or the top constitutional positions give gyan which is already known to all. Criminal silence also means when you are not ready to collaborate, where it is legally warranted and the situation demands, on a regular interpersonal basis, to find a solution, result or final verdict. And the worst of it all is when you even decide not to visit affected areas, where a visit of a concrete nature could be a soothing balm in every way. Use the framework mentioned above in relation to the Manipur fiasco or the ongoing Kolkata sordid saga and decide for yourself. You may find it to be true for each of our crisis / major crime situations.
NOTHING CAN BE DELIVERED WHEN PEOPLE IN AUTHORITY DECIDE TO BE BYSTANDERS.
Sanjay Sahay
Have a nice evening.