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	<title>Comments on: Episode # 35: Justice - Open your Eyes!</title>
	<link>http://indicast.blogsome.com/2006/11/27/episode-35-justice-open-your-eyes/</link>
	<description>Indians about India</description>
	<pubDate>Mon, 30 Nov 2009 13:37:03 +0000</pubDate>
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		<title>by: Abhishek</title>
		<link>http://indicast.blogsome.com/2006/11/27/episode-35-justice-open-your-eyes/#comment-460</link>
		<pubDate>Tue, 05 Dec 2006 12:47:56 +0000</pubDate>
		<guid>http://indicast.blogsome.com/2006/11/27/episode-35-justice-open-your-eyes/#comment-460</guid>
					<description>Ram: I was being sarcastic. But, I guess, i could not put it across as I intended it to. I'll take care next time. And we are glad to know that there is somone out there who is taking a stand on what he feels is right!

Shalin: I agree with you. The poison is undetectable only momentarily. And I am also sure that the government would have brainstormed the idea and probably knew better. But, I think they should give it a thought and not use the 'strategy' consistently. May be on occassions such as the Kandahar one... 

Ram P Sridhar: Every person, whether guilty or innocent has the right to a lawyer... coz in Indian law, you are innocent until proven guilty. So, the assumption with which the case starts is that every person is innocent. So, on technicality, you are right. Or may be we have to learn to think beyond. Ram Jethmalani wants to defend Manu Sharma only for one reason. Jethmalani feels that media would dismember Manu Sharma like vultures if he doesn't get a fair trial (which everyone is entitled to). He also filed a suit against the TOI and argued to have the case fought inside the court rooms and not in the news papers. It is a different story that the court ruled it against him. The only problem I see is that since the court cases are pending for decades together. Hence, a significant per centage of the population are not inclined to fight. Now I understand what 'Justice delayed is justice failed' means. Keep commenting. Your views were quite perceptive!</description>
		<content:encoded><![CDATA[	<p>Ram: I was being sarcastic. But, I guess, i could not put it across as I intended it to. I&#8217;ll take care next time. And we are glad to know that there is somone out there who is taking a stand on what he feels is right!</p>
	<p>Shalin: I agree with you. The poison is undetectable only momentarily. And I am also sure that the government would have brainstormed the idea and probably knew better. But, I think they should give it a thought and not use the &#8217;strategy&#8217; consistently. May be on occassions such as the Kandahar one&#8230; </p>
	<p>Ram P Sridhar: Every person, whether guilty or innocent has the right to a lawyer&#8230; coz in Indian law, you are innocent until proven guilty. So, the assumption with which the case starts is that every person is innocent. So, on technicality, you are right. Or may be we have to learn to think beyond. Ram Jethmalani wants to defend Manu Sharma only for one reason. Jethmalani feels that media would dismember Manu Sharma like vultures if he doesn&#8217;t get a fair trial (which everyone is entitled to). He also filed a suit against the TOI and argued to have the case fought inside the court rooms and not in the news papers. It is a different story that the court ruled it against him. The only problem I see is that since the court cases are pending for decades together. Hence, a significant per centage of the population are not inclined to fight. Now I understand what &#8216;Justice delayed is justice failed&#8217; means. Keep commenting. Your views were quite perceptive!
</p>
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		<title>by: RamPSridhar</title>
		<link>http://indicast.blogsome.com/2006/11/27/episode-35-justice-open-your-eyes/#comment-459</link>
		<pubDate>Sat, 02 Dec 2006 07:46:08 +0000</pubDate>
		<guid>http://indicast.blogsome.com/2006/11/27/episode-35-justice-open-your-eyes/#comment-459</guid>
					<description>Also in response to the question posed the introduction paragraph above: &quot;If doctors take the Hippocratic Oath vowing ethical practice of medicine, do Lawyers have a similar oath?&quot;

There is a oath!  It might not be as outwardly stated as the Hippocratic Oath in medicine, but it does exist.  It is the same oath that anyone takes to become a valued member of society-- a basic oath of humanity, equity and justice.  Of course its not upheld by everyone all the time, but then neither is the Hippocratic Oath by doctors.  

The question is what is ethical behaviour?  Is it ethical to let a serial killer, a rapist, a petty thief to fend for themselves in the complicated mess that is the Indian judicial system?  Yes, these people might have committed a wrong.  But ethically, lawyers have the responsibility to defend their clients and do what is in their client's best interest.  Ideally, if a lawyer becomes aware that his client is guilty he would advise his client to take the ethical actions and turn himself him, plead guilty etc...  If nothing else, an ethical lawyer would recuse himself.  A lawyer after all, just as a doctor or anyone else, is an advocate and agent for his client.  Breaking the sanctity of that relationship bears just as much consequence as fighting on behalf of a guilty client.

The question then becomes is he to keep this information to himself and fulfill this responsibility, trust, and confidentiality to his client or (as an ethical private citizen should do) reveal this inner knowledge.   With all this said, there are obviously exceptions to everything...including this.
</description>
		<content:encoded><![CDATA[	<p>Also in response to the question posed the introduction paragraph above: &#8220;If doctors take the Hippocratic Oath vowing ethical practice of medicine, do Lawyers have a similar oath?&#8221;</p>
	<p>There is a oath!  It might not be as outwardly stated as the Hippocratic Oath in medicine, but it does exist.  It is the same oath that anyone takes to become a valued member of society&#8211; a basic oath of humanity, equity and justice.  Of course its not upheld by everyone all the time, but then neither is the Hippocratic Oath by doctors.  </p>
	<p>The question is what is ethical behaviour?  Is it ethical to let a serial killer, a rapist, a petty thief to fend for themselves in the complicated mess that is the Indian judicial system?  Yes, these people might have committed a wrong.  But ethically, lawyers have the responsibility to defend their clients and do what is in their client&#8217;s best interest.  Ideally, if a lawyer becomes aware that his client is guilty he would advise his client to take the ethical actions and turn himself him, plead guilty etc&#8230;  If nothing else, an ethical lawyer would recuse himself.  A lawyer after all, just as a doctor or anyone else, is an advocate and agent for his client.  Breaking the sanctity of that relationship bears just as much consequence as fighting on behalf of a guilty client.</p>
	<p>The question then becomes is he to keep this information to himself and fulfill this responsibility, trust, and confidentiality to his client or (as an ethical private citizen should do) reveal this inner knowledge.   With all this said, there are obviously exceptions to everything&#8230;including this.
</p>
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		<title>by: Ram</title>
		<link>http://indicast.blogsome.com/2006/11/27/episode-35-justice-open-your-eyes/#comment-458</link>
		<pubDate>Sat, 02 Dec 2006 07:30:13 +0000</pubDate>
		<guid>http://indicast.blogsome.com/2006/11/27/episode-35-justice-open-your-eyes/#comment-458</guid>
					<description>In response to: &quot;Well connected people have a right to get away! &quot;

I disagree!  Why do well connected people have a right to get away?  Does the fact a person has the money to &quot;buy&quot; politicians or have powerful friends make any statement about the person's innocense or guilt in a criminal matter?  It's another fact that well connected people do get away with crimes just because they are who the are.  But this is no right.  This is abuse of the system.  Equity before the law is the right!</description>
		<content:encoded><![CDATA[	<p>In response to: &#8220;Well connected people have a right to get away! &#8221;</p>
	<p>I disagree!  Why do well connected people have a right to get away?  Does the fact a person has the money to &#8220;buy&#8221; politicians or have powerful friends make any statement about the person&#8217;s innocense or guilt in a criminal matter?  It&#8217;s another fact that well connected people do get away with crimes just because they are who the are.  But this is no right.  This is abuse of the system.  Equity before the law is the right!
</p>
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		<title>by: Shalin</title>
		<link>http://indicast.blogsome.com/2006/11/27/episode-35-justice-open-your-eyes/#comment-457</link>
		<pubDate>Fri, 01 Dec 2006 23:45:25 +0000</pubDate>
		<guid>http://indicast.blogsome.com/2006/11/27/episode-35-justice-open-your-eyes/#comment-457</guid>
					<description>wait...I wrote that incorrectly.  The thing about the &quot;undetectable poison&quot;.  bottom line - someone just need to figure out a way to detect it, and the word is out.  </description>
		<content:encoded><![CDATA[	<p>wait&#8230;I wrote that incorrectly.  The thing about the &#8220;undetectable poison&#8221;.  bottom line - someone just need to figure out a way to detect it, and the word is out.
</p>
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		<title>by: Shalin</title>
		<link>http://indicast.blogsome.com/2006/11/27/episode-35-justice-open-your-eyes/#comment-456</link>
		<pubDate>Fri, 01 Dec 2006 23:43:43 +0000</pubDate>
		<guid>http://indicast.blogsome.com/2006/11/27/episode-35-justice-open-your-eyes/#comment-456</guid>
					<description>And &quot;undetectable poison&quot; is only as good as the detector to detect it.  And...what is to say that such a &quot;undetectable poison&quot; does not already exist?  behind some closed doors are other &quot;worlds&quot; that we're not yet even aware of...</description>
		<content:encoded><![CDATA[	<p>And &#8220;undetectable poison&#8221; is only as good as the detector to detect it.  And&#8230;what is to say that such a &#8220;undetectable poison&#8221; does not already exist?  behind some closed doors are other &#8220;worlds&#8221; that we&#8217;re not yet even aware of&#8230;
</p>
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		<title>by: Mayur</title>
		<link>http://indicast.blogsome.com/2006/11/27/episode-35-justice-open-your-eyes/#comment-455</link>
		<pubDate>Fri, 01 Dec 2006 19:09:34 +0000</pubDate>
		<guid>http://indicast.blogsome.com/2006/11/27/episode-35-justice-open-your-eyes/#comment-455</guid>
					<description>I think the government should at least think about Abhishek's idea of undetectable poison. There should not even be a question of pardoning anybody involved in terrorist attacks. It looks like these social activist don't have anything else to do than pardoning a terrorist, and question the law in every decision the court makes.</description>
		<content:encoded><![CDATA[	<p>I think the government should at least think about Abhishek&#8217;s idea of undetectable poison. There should not even be a question of pardoning anybody involved in terrorist attacks. It looks like these social activist don&#8217;t have anything else to do than pardoning a terrorist, and question the law in every decision the court makes.
</p>
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		<title>by: Abhishek</title>
		<link>http://indicast.blogsome.com/2006/11/27/episode-35-justice-open-your-eyes/#comment-452</link>
		<pubDate>Wed, 29 Nov 2006 03:31:25 +0000</pubDate>
		<guid>http://indicast.blogsome.com/2006/11/27/episode-35-justice-open-your-eyes/#comment-452</guid>
					<description>Shalin &amp;amp; Ram: Well connected people have a right to get away! They only confirm George Orwell's thought that 'All men are equal... but some are more equal than others.'  The law will be upheld for eternity, but, once in a while a Santosh Singh will be hanged and such exceptions give the common man some hope to believe that indeed all men are equal before law.</description>
		<content:encoded><![CDATA[	<p>Shalin &amp; Ram: Well connected people have a right to get away! They only confirm George Orwell&#8217;s thought that &#8216;All men are equal&#8230; but some are more equal than others.&#8217;  The law will be upheld for eternity, but, once in a while a Santosh Singh will be hanged and such exceptions give the common man some hope to believe that indeed all men are equal before law.
</p>
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		<title>by: Ram</title>
		<link>http://indicast.blogsome.com/2006/11/27/episode-35-justice-open-your-eyes/#comment-451</link>
		<pubDate>Tue, 28 Nov 2006 20:48:11 +0000</pubDate>
		<guid>http://indicast.blogsome.com/2006/11/27/episode-35-justice-open-your-eyes/#comment-451</guid>
					<description>How many people think that rich or the “well connected” people get away with crime ? 

Of course they get away with things! And not just crime, with anything!  A well placed beaurocrat contact in an office assures your work gets done.  A well placed friend in a police station gets your obnoxious son off.

Everything is about contacts and favors and oneupmanship.</description>
		<content:encoded><![CDATA[	<p>How many people think that rich or the “well connected” people get away with crime ? </p>
	<p>Of course they get away with things! And not just crime, with anything!  A well placed beaurocrat contact in an office assures your work gets done.  A well placed friend in a police station gets your obnoxious son off.</p>
	<p>Everything is about contacts and favors and oneupmanship.
</p>
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		<title>by: Aditya</title>
		<link>http://indicast.blogsome.com/2006/11/27/episode-35-justice-open-your-eyes/#comment-450</link>
		<pubDate>Tue, 28 Nov 2006 16:32:04 +0000</pubDate>
		<guid>http://indicast.blogsome.com/2006/11/27/episode-35-justice-open-your-eyes/#comment-450</guid>
					<description>talking about stars escaping crime... Sanjay dutt gets relief.. I guess the gandhigiri paid off</description>
		<content:encoded><![CDATA[	<p>talking about stars escaping crime&#8230; Sanjay dutt gets relief.. I guess the gandhigiri paid off
</p>
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		<title>by: Shalin</title>
		<link>http://indicast.blogsome.com/2006/11/27/episode-35-justice-open-your-eyes/#comment-449</link>
		<pubDate>Tue, 28 Nov 2006 13:25:35 +0000</pubDate>
		<guid>http://indicast.blogsome.com/2006/11/27/episode-35-justice-open-your-eyes/#comment-449</guid>
					<description>I think many celebrities or wealthy people get away with crimes.  the worst that usually occurs is community service or some kind of &quot;sensitivity training&quot; (which I think is a good thing but is never is branded as an empowering activity...&quot;
1) the ones prosecuting them are a bit intimidated about the consequences of well connected people 
2) the fact that they are soo famous give the literal &quot;star effect&quot; - the stars in the night sky are quite dazzling, but up close can be quite chaotic...</description>
		<content:encoded><![CDATA[	<p>I think many celebrities or wealthy people get away with crimes.  the worst that usually occurs is community service or some kind of &#8220;sensitivity training&#8221; (which I think is a good thing but is never is branded as an empowering activity&#8230;&#8221;<br />
1) the ones prosecuting them are a bit intimidated about the consequences of well connected people<br />
2) the fact that they are soo famous give the literal &#8220;star effect&#8221; - the stars in the night sky are quite dazzling, but up close can be quite chaotic&#8230;
</p>
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