THE SKILL INDIA AD – A POSER

The SKILL INDIA advertisement featuring Sachin Tendulkar credits skill at the expense of dignity.

One sees Sachin sit on a chair while the carpenter sits on the floor as they talk and have tea. Why could both not be shown sitting on a chair and talking?

Apart from skill, personhood carries value too. Why hold anyone down whether skilled or not?

A patronising attitude carries an arrogance of superiority  which shifts attention to the symbolic generosity of a patron from the worth of the patronised and re-enforces the very inequality which it pretends to redress.

And if an ascribed status will continue despite achievement, as the advertisement suggests, what merit will inculcation of skill attain?

The advertisement presents status as an entrenched power and fails to present skill as being versatile.

Skill is meant to be assertive and itinerant unlike status which is inhibitive and immobile. The advertisement focusses on the status of the carpenter not his skill.

Skill is dynamic unlike status which is sterile and moribund. Yet it is precisely that which the last shot of the advertisement displays.

Skill has to be achieved but any effort in this direction will be futile unless there is a corresponding correction in attitude.

It is the right attitude (Tendulkar making the other sit on the chair) alone which can facilitate social mobility (symbolised in the carpenter also so sitting) to improve our cultural capital (recognition of the innate worth of a human being aside from skill trumping status) and unravel the social stratification which the advertisement puts on display.

 

Of Queen’s Counsels &”Seniors”

I feel there should be no Senior Advocates only advocates.

Endowment not habiliment is the test of a lawyer. He should be recognised by his performance not his robes and his identity should lie in his work not attire. The gown does not make a lawyer. An incompetent lawyer will only disgrace it while the competent should not need it.

As long as the system remains it is liable to be exploited. A lawyer who is not designated can be run down as being incapable and be unjustifiably compared unfavourably with another who is designated aside from being denied priority in appearance in court despite superior capacity while the incapable can perpetually hide their incapacity in their robes and get undeserved preference when in fact they should be denied an audience altogether.

There is a hike in fees immediately upon designation despite want of any improvement in the quality of work. A non-designated lawyer has to explain (often without success) even a warranted increase in his charges. This not only shoots the cost of litigation up without any corresponding improvement in the quality of practise but adversely affects the quality itself as more effort is placed on the race for designation through networking rather than working.

Preference is often shown to senior advocates in courts and in some it becomes the very condition for practise. Aside from being anti-merit this is also anti-democratic as it not only stifles potential it entrenches established interests.

It is a little known fact that Francis Bacon was the first person to be so appointed and that too for reasons having nothing to do with his undisputed versatility. Till his appointment the Attorney General, Solicitor General and King’s Sergeants were Kings Counsel in Ordinary. Queen Elizabeth appointed Francis Bacon Queen’s Counsel Extraordinary. The reason for this extraordinary honour was only political and intended to prevent him from acting against the Crown. The appointment as Kings Counsel therefore had nothing to do with the admitted capabilities of Bacon – a trend which continues till today.

Distinction never needs any dressing up. It is self-evident.

Merit is always humble. It makes a place for itself without having to be ushered in.

Ability requires no badge of honour. It attracts attention without a formal proclamation.

And true recognition lies not in formal acknowledgment but in voluntary appreciation.

So where do we fit designation of Senior Advocates?

The Case for KOHINOOR

The statement made in the Supreme Court of India on the Kohinoor diamond is astonishing and is contrary both to history and law.
Kohinoor was part of loot not “gift” and the very circumstances surrounding the Last Treaty of Lahore by which it is claimed that the diamond was ceded to the Queen of Victoria – the Last Treaty of Lahore was signed immediately after the Second Anglo-Sikh War and Duleep Singh who handed over the diamond was but a child – showed that the “gift” was anything but voluntary! And the law too permits the making and enforcing of the claim for return of Kohinoor to India.
In Resolution 3187 of 1973 The General Assembly, deploring removal during colonial or foreign occupation of objects d art, declared that  “the prompt restitution to a country of its objets d’art, monuments, pieces, manuscripts and documents […], is calculated to strengthen international co-operation inasmuch as it constitutes just reparation for damage done”.
The Resolution recognises the customary rule of prohibition against the use of force recognised in several instruments of international law commencing from the Final Act of the Congress of Vienna of 1815 to the Hague Conventions, UN Charter and the UNESCO Convention of 1970 and subsequent developments.
Opponents of the restoration of cultural artefacts rely on the fact that East India Company was a private corporation and India was not a colony of the British at the relevant time. They also rely on the principle of inter-temporal law according to which the issues should be assessed not on the basis of existing international rules but law in force at the relevant time.
Neither submission can prevail.

The site of the Parliament of UK has a section Parliament and Empire. It records that East India Company Loan Act and the East India Company Regulating Act made it possible for the government in Britain o extend a loan to the Company in exchange for recognition of the British state’s ultimate authority over the Indian territories.It leased to the Company continued political control of its Indian territory in exchange for a payment of £40,000 every two years. It also established the post of governor-general who, with a council of four members, was to have overall authority over the Company’s territories. More government control came with the India Act of 1784, under Prime Minister William Pitt. This created a committee of six government appointees, known as the Board of Control, who were to monitor and direct the Company’s policies. The government was also to have the final decision on the Company’s nominations for its officials in India. This and a further new law passed in 1786 greatly increased the authority of the governor-general over other Company officials. The ultimate control therefore lay with the government itself and liability cannot be disclaimed on the ground that East India Company, which in any event was established by Royal Charter, was merely a private company.

The inter-temporal principle cannot apply to human rights obligations. Cultural artefacts are part of the nation’s heritage and constitute its identity and the right to this cultural patrimony both tangible and intangible is basic to human dignity and indispensable for social and cultural progress. The very moral dimension of it makes it a human right. The instruments dealing with this subject, therefore, could not be said to define the norm but merely declared what already existed as an autonomous and binding principle.

It is sometimes also said that there can be competing claims by the Iranians or Afghans whose rulers held the diamond at different times. The diamond however came from the Kollur mine in Andhra Pradesh, India which was the only one to produce it at that time. As right to cultural artefacts is an imprescriptible human right and there is an obligation to return on all who may have acquired this physical cultural artefact by force the diamond has to eventually return to Indian territory no matter how many hands it may have passed through. Such artefacts are not considered private property and there is an obligation to preserve them within the territory to which they belong.

Interestingly the statement reportedly made by  in the Supreme Court was “If we claim our treasures like Kohinoor from other countries, every other nation will start claiming their items from us. There will be nothing left in our museums.” Ironically David Cameroon had used almost the same words when he came to India in 2010; he said,”If you say yes to one you suddenly find the British Museum would be empty. I am afraid to say, it is going to have to stay put”. 

It is not a question of which museum gets empty. Its the issue as to which museum is the right custodian of the artefact. And Kohinoor belongs to India.

 

To be or not to be!

The comic quest made the comedian the quarry. Mimicry in evolutionary biology uses similarity in behaviour as a protection. The convergent resemblance in a comic show however led to detention! The adaptation far from turning out to be anti-predator in fact invited an attack and all that the mimicking prey could then do was to pray for deliverance. Evolution records  a common descent of life from the last universal ancestor. Descent, it seems, is truly an appropriate expression considering the declivity in levity and the jostling that follows jest. Kiku’s arrest is definitely both literally and metaphorically development – arrested development. And lest I be in trouble for suggesting that anyone is lamebrained I will prefer to quote Hemingway’s The Sun Also Rises where Harvey talking to Cohn says , “I misjudged you. You are not a moron. You are only a case of arrested development.” Those who act as comedians just pretend to be dolts. There are however many some who are naturally comic and the mimic after “suffering the slings and arrows of outrageous fortune” is bound to realise he was only second best!!