Daily Post 1456
SENTIMENTS & TECHNICALITIES
That India is a sentimental country is very clear from most of the judgements we make, the tenor and substance of our regular interaction and what we expect out of other people and for what purpose. Respect is given a very high currency and it should be. The catch is that, it is not at all connected to what you think, what you speak and what you do. It is basically decided on biological bonds and extension of feudal sensibilities and extends to all spheres of life from family to politics. What is sentimental is rational otherwise you would be treated as useless, without any feelings and sentiments. As long as people around you are happy, you have earned your day and might be your life as well.
Might be this is the easiest way to live and also to prove one’s worth and loyalty, as no other parameter is required. Every relationship, activity and benefit is looked through the prism of sentiments. If you are caught doing something wrong, the sentiment card is immediately played and more often that not, it is successful from votes to anything. Everything is stretched to unimaginable levels to find a sentiments enabled solution. From harassment of women to handling business partners. When the sentiments propelled panchayati system fails or for sure is about to fail, the hell is let loose. Most of these failures happen because of useless dragging of sentiment based negotiations.
When things finally go haywire, mostly the law in invoked or the rational data is brought to sort out matters. Precisely, the tool getting into heavy demand is technicality. Whether it is a counsellor or an independent adjudicator or court; the way data, sections of laws, interpretations and connecting incidents / events for finding an objective narrative is presented, looks so professional and substantiated. The battle has begun. Technicalities is not the forte or inclination of the warring parties, its just the most potent tool. Crooked professionals provide all support. There are very overused sections of law where 30-40% of the alleged accused are found be an afterthought. Our frail system gets even more frail. What is most interesting is that in so many cases both the tools are simultaneously used, who knows, which one clicks.
Results through whatever means is the running thought. Fairness and objectivity might take another century to bloom in the world’s most populous democracy. Law should be invoked when an offence or legal breach takes place is not the issue, it is to be invoked when all non-legal remedies fail. The urge is to use a legal recourse to make non-legal solution happen. That is how contracts, relationships, projects and commitments fail and non-seriousness has creeped into the system to unimaginable levels. Going the legal way is a hassle. Due diligence means lack of faith. Leap of faith has brought us this far, can’t go beyond.
THAT BOTH SENTIMENTS AND TECHNICALITIES ARE USED TO ACHIEVE THE SAME GOAL IS IRONICAL.