Citizens' Issues
Frivolous Litigation and Its Cost to the Nation

India’s legal system has become a source of anxiety, persecution and uncertainty. Legal avenues need to be insulated from being used as tools of intimidation and unnecessary delays

Those who have watched Subrata Roy, founder of the mysterious Sahara Pariwar, flaunt his powerful connections in business, politics, sports, films and government, find it hard to believe that he has spent the past three and half months in jail.

But for those who follow business news and court reports, the two-year trial in the Supreme Court of India had been stunningly bizarre. Each hearing was preceded with full-page advertisements carrying the most absurd claims and charges against the market regulator. This happened even though the group was represented by some of the most reputed and expensive legal brains in the country.

Many of us wondered why the Supreme Court allowed this drama to be played out at every hearing until Sahara’s attitude seemed to challenge the very credibility of our legal system. The 6 May 2014 order of Justice Jagdish Singh Kehar and Justice KS Radhakrishnan reassuringly tells us how the Sahara Pariwar’s attitude had angered the Court. Strangely, this part of the judgement has escaped media attention.

Justice Kehar, in his order, writes about how the Sahara hearings took up a lot of the Court’s time starting from 2012, when the case was intensively heard in the summer vacation. The orders, running into over 200 pages each, were prepared beyond working hours consuming hundreds of judicial hours of the apex court alone. Justice Kehar expressed the considered view that “the legislature needs to give a thought to a very serious malady, which has made strong inroads into the Indian judicial system. The Indian judicial system is grossly afflicted with frivolous litigation.
Ways and means need to be evolved to deter litigants from their compulsive obsession towards senseless and ill-considered claims. One needs to keep in mind that, in the process of litigation, there is an innocent sufferer on the other side, of every irresponsible and senseless claim. He suffers long drawn anxious periods of nervousness and restlessness, whilst the litigation is pending, without any fault on his part. He pays for the litigation, from out of his savings (or out of his borrowings), worrying that the other side may trick him into defeat, for no fault of his. He spends invaluable time briefing counsel and preparing them for his claim. Time which he should have spent at work, or with his family, is lost, for no fault of his. Should a litigant not be compensated for what he has lost, for no fault? The suggestion to the legislature is that a litigant, who has succeeded, must be compensated by the one who has lost. The suggestion to the legislature is to formulate a mechanism that anyone who initiates and continues a litigation senselessly, pays for the same. It is suggested that the legislature should consider the introduction of a ‘Code of Compulsory Costs’.”

Justice Kehar’s words will certainly gladden the hearts of millions of Indians who are scared and beaten by the slow and expensive senselessness of our judicial system which has rendered justice meaningless. Fortunately, the learned judge goes on to add that the Court’s view should not be seen as a suggestion to increase the cost of litigation, but to stop the rampant practice of delaying and prolonging disputes through the abuse of judicial process.

Another interesting point made in the order was that the State and its agencies are the main culprits who litigate endlessly to avoid the responsibility of taking decisions. Consequently, all administrative and executive decisions are being left to the courts. According to Justice Kehar, there must be consequences to fighting on after having lost in every forum. The Sahara case, said the Court, was a classic example where SEBI had to fight on at public expense, although every one of its orders was “consistently and systematically disobeyed”.  At the end of the day, Court’s time lost is a direct loss to the nation, says the judgement.

Every Indian is aware of the significance of the Supreme Court’s words in the Sahara case. Add to this the damage caused by retrospective legal amendments made popular by former finance minister P Chidambaram and India’s legal system has become a source of anxiety, persecution and uncertainty. The Bharatiya Janata Party (BJP) has fortunately announced its intention to correct the damage caused by retrospective amendments. If Justice Kehar’s views are also taken on board to create a fair, administrative system that prime minister Narendra Modi had promised, we can hope for real rule of law to start working in India over a period of time.

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COMMENTS

Dayananda Kamath k

2 years ago

election case of chidambaram is also a chidambara rahasya and he continued to head finance ministry and destroyed indian economy even when his election result itself is under litigation. so naturally who ever has the power will try to use it to his advantage.

REPLY

Prakash Basrur

In Reply to Dayananda Kamath k 2 years ago

The Kumbhakonam Chettiar put the final starw on the back of the camel
With the "KAREGA"/"MAREGA"/"NAREGA" schemes the already "subsidy-burdened" economy was deliberately added with the further burden on it by the Chettiar by postponing a huge burden of "this year payments" to the next financial year ! All this joint economy ruining effort by Chida-Man-Mukh trio (i.e. Chidambaran-Manmohan Singh-Pranab Mukherjee ) blessed by "Cambridge"
educated Madam has crated an economic "muck" which would take NDA at least next 3 years before starting the economic revival thereafter !

Bapoo Malcolm

2 years ago

Have just sent an article of frivolous litigation to Moneylife. Hope they print it. In that case please read it.

Bapoo Malcolm

2 years ago

The matter is getting serious and out of hand. Just because Moneylife offers you a platform, does not mean that all sorts of unsubstantiated allegations can be made. Moneylife will also be made liable.

Am referring to a blog by one Vaibhav Dhoka. Yes, landlords are peeved against tenants but then, when the Maharashtra Rent Act was being amended in 1999, it was calculated that Rs. 70,000 crores had changed hands through landlords till 1999. I was a party to the discussions. That's no peanuts.

My mother used to stay in a building owned by a lawyer, who never practiced, but who owned 42 tenanted buildings. And was on the lookout to buy more.

Landlords are no angels either.

Coming to Mr. Dhoka, the figures do not add up. But first; he admits to trying to bribe a judge. A crime. He gives enough information to pinpoint the judge. Another crime, if proved libelous. He makes allegations against his opponent in public, without documentary proof. More crime. Destroy the opposite side through innuendoes is not how cases are fought. It merely prolongs them through unnecessary extraneous issues.

But mainly on the figures. Why would anyone, unless he is completely crazy, give a bribe of Rs. 30,000/- to save Rs. 8,400 a year, as alleged when the Rent act is easily available to calculate the correct amount, which in all probability is the lower figure.

If a plaintiff asks for the moon, does it mean the court must grant it? Does the defendant have no say in the matter? And if not grated, is the judge corrupt?

Anyway, coming back to the main topic, am asking Moneylife to remove the blog as it is offensive.

Bapoo M. Malcolm, Advocate, Bombay High Court, I 7809

REPLY

Prakash Basrur

In Reply to Bapoo Malcolm 2 years ago

This is a typical case of a tribesman of a professional tribe ( in thie case a lawyer from the legal crowd!) defending his tribe, perhaps, knowing fully well how the litigants are getting crushed under the weight of (paper) Ivory Tower !
This is like Doctors at all times defending the negligence of a fellow doctor by spewing their medical jargon at the complainant!
OR the Chartered Accountants keeping quiet about the massive financial errors committed by their colleagues !
All such "professional tribesmen" conveniently forget the larger interests of the "consumers" of their "services" purchased at , amny a times , at exhorbitant price !
Instead of initiating a genuine and purposeful process of "auditing" the management practice of their profession voluntarily by themselves and thereafter initiating course-correction these "professional tribesmen" try to cover up their faults !
Take the case of colossal suffering by the Indian litigants ! Instead of cleaning up the systemic rot in their system there is a tendency to "defend" the overall malaise by saying " changing the law is the job of politicians and not that of judiciary" ! Who will bell the cat? It is a pity that many of our "Acts" date back to 18th century with penalties at paltry sums such as Rs.100 or Rs.200 as in the case of "errant automobile driving" !
Thank God we do not have 19th- Century ( electric bulb-like) "valves" in our Televisions and have progressed to "micro-chips" and fast moving towards "nano-tubes" technology in India !
Is it time to open up FDI to foreign law firms so that at least the "foreigners" might get the much needed drastic changes in our legal system ?
P.S.:- An article on Page 24 Bombay Mirror suppliment of Times of India dated 4th July 2014 with the heading "Justice 24 x 7 x 665" mentions Chief Justice R.M.Lodha (QUOTE)"has set the cat among the pigeons. Likening justice delivery to provision of essential services such as healthcare , banking , water supply and electricity he has mooted a proposal for the court system to work "365 days a year".(UNQUOTE)!!!!!
As they say in Hindi "Der Hain Per Andher Nahin " which in other words means " there is a light at the end of the tunnel" ! Jai Hind!

Sweena Jain

In Reply to Bapoo Malcolm 2 years ago

This is how legal proffetion shows fear of contemt to litigants as seen in ths reply.

Vaibhav Dhoka

In Reply to Bapoo Malcolm 2 years ago

The defendant saved RsRs 700for 162 months whoch is Rs1,13,400=oo till date.Therefore 30000 was paid and I stand by point.One cannot give detail case in this blog.

Ramesh B Mhadlekar

2 years ago

Whatsoever stated in the article is true and because of the flaws in such litigation's the common man of this country has lost faith in the Judiciary.There should also be penalty clause of recovering the entire cost incurred by the Government due to false litigation's by the employees or the management who do not pay out of pocket for the wasteful cost in avoidable litigation.

Dr. Hari Dev Goyal

2 years ago

Blue eyed chaps of UPA government have licenses to loot the common man. It would be difficult for Narendra Modi to know these people within 100 days.

Lt us hope for the best.

Hari Goyal
[email protected]

REPLY

Prakash Basrur

In Reply to Dr. Hari Dev Goyal 2 years ago

It would take minimum 1 year and reasonably 2 years for the new NDA govt. to unravel and fathom the mysteries of previous UPA govt of 10 years and earlier Congress governments of past 60 years ( and that too if the Congress-happy "Baboos" cooperate with the new NDA govt.!!! ) Unfortunately people of India seem to believe that this could be done in the very first 1 month !!!!!!! Thanks to the unbearable burden of mis-government in the previous 60 years of Congress the citizens of India seem to treat NarendraBhai as another ( i.e. 12th ?) "Avatar" of God having a Magic Wand ("Sudarshan Chakra" ?) to dispel all the earlier evils with the use of that !!!! To top it all the Electronic (News) Media , in order to top their TPR's , are raising a euophoria on the subject, e.g. "Mody's Budget" or "Mody's First 100 days" etc. , in order to fill up their 24/7/365 news channels which otherwise will have to shut down their business ! Thank God the Left parties like CPI/CPM have lost their voice altogether thanks to Dr.Manmohan Singh ( or perhaps Sonia Gandhi or both together ) finishing them off !

Prakash Basrur

2 years ago

The question before us today is not whether Mody can change all this but "could 10/100 Mody's ever change the rot of last 65 years?"!
The answer seems to me to be a big NO ! The next question that comes to mind is " should British be called back to govern us again ?"
Cynical as it may look about the latter question , however , a sincere and serious look at the way the Arabs have governed the oil rich Middle East nations since OPEC in 1973 would show clearly that one wise thing they have done is keep an American/British at all the top governing posts ! The desert genius of theirs told them to keep these very important government administrative posts ,such as police, municipalities,power stations et al , headed by either a British ( as in Oman/UAE) or an American (as in Saudi Arabia) ! Lo & behold ! Their governance and administration has worked beautifully for the last 40 years !
When an industry becomes "sick" don't we hand it over to outside management consultants/people to bring it back to normalcy ?
Our country seems to have similarly become "sick & tired" of our politicians & baboos and time has come to hand its governance and administration to the British on a "fee" for ,say, next 25 years in order to bring it back to "Pre-Nehru" era ?

Sreenivas Ananthakrihna

2 years ago

This article is taking example of a corporate litigation. What about the lakhs of false cases filed by woman claiming domestic violence, dowry, rape and molestation which not only forces the accused man and his family to commit suicide but also breaks the family and makes only the lawyers and involved police rich. For example, NCRB shows about 98% of dowry cases are false.

Prakash Basrur

2 years ago

Two places every Indian avoids are (1) police station and (2) the court premises ! Why ? Because both are hopelessly risky in terms of losing money !
This is the fate of "freedom" that we got from the British who themselves gave us the gift of both , i.e. police & law courts ! What a pity !
Subrato Roy ( in Sahara case) , Salman Khan ( in Hit & Run case) , Saif Ali Khan ( in fighting with a customer in a restaurant) and so many other such "money-powered" personalities have , through their batteries of lawyers , managed to prove to us that no law can touch them in spite of the fact that every citizen of this country is thoroughly convinced that they are guilty of crime committed by them in every case ! Perhaps they are proving the fact that in India "Asatyameva Jayate" with the help of lawyers and the hopeless law and the syatem !

REPLY

Anirudh Sindhu

In Reply to Prakash Basrur 2 years ago

I believe it is our nature that the fault is always of rich or powerful people. It is always the fault of a man driving a big car and not of the rickshaw puller who got hit by him.. even if the rickshaw puller in on the wrong side. This is how we are.

Prakash Basrur

In Reply to Anirudh Sindhu 2 years ago

Sorry Anirudh ! The question was not per se about rich and poor ! It was about our legal system , in particular with reference to how rediculously it worked in the case of Sahara's Subroto Roy who used his money power to hoodwink the law ! It was not of a Rickshawallah vs Car owner in case of a road accident !

Anirudh Sindhu

2 years ago

Justice Khehars observations are as senseless as his orders. First, it is courts duty to listen to the plight of the people. Secondly in this case also at any moment of time if the court thought a particular party is wasting time they should be prudent enough to stop the party at that moment only, instead of wasting more time in writing biographical account in their orders on how time was wasted by a party.

In this case for two years they were listening a contempt case, and till date they have not concluded; one judge has got retired while other recused himself from the case without giving final orders on the case. They were savoring the hearing for 2 years in court laced with jokes and in audience of ace lawyers for more than 2 years. For two years what they were doing then?

Now again a new bench will be constituted again points will be kept, heard and argued. This means that the two years of hearing will go waste and then the time of the new bench will get wasted in again hearing the same. Who is responsible for this?

PM Narender Modi has found government departments sitting on files for 3 years without any action, he has made it mandatory for all to put their comments and move the case forward in 15 days or else give explanation on why this has not happened.

If someone has gone through the Sahara – SEBI order of Justice Kehar and Radhakrishnan one will find that the judges are trying to justify their earlier order of incarcerating Roy and 2 other gentlemen and why they were listening (and passing order) to the ‘Ex Debito Justicea’ petition moved by Sahara group as the bench hearing the writ petition practically became a judge in its own cause. However, it is a well-known principle of natural justice that ‘No one can be a judge in his own cause’ (nemo iudex in sua cause). The pressure is of this goof-ups that the bench was reeling under.

Coming back to time constrain. No institution, private or public have the provision of winter and almost 2 months of summer vacations except schools. This is in addition to Saturday and Sunday off. The timings of the court is also 10 am to 4 pm (with 1 hour lunch) - therefore they practically hearing cases for just 5 hours each day. With such kindergarten babies like facilities to these men of steel it is obvious that there will be less time for cases. This should be curbed rather than steeling opportunity of any party to be heard in the court. The Prime Minister works from 8 am to 10 pm courts should take inspiration from him.

REPLY

Prakash Basrur

In Reply to Anirudh Sindhu 2 years ago

Why is it that only in cases like Sahara and Salman Khan "Hit & Run" it happens that the "judges recluse themselves after hearing the case for some time" or "witness becomes hostile after becoming a witness initially" ? Does that happen in the case of thousands of such cases of economically poor citizens ? The difference in the two being the playing of "money power" in the former cases and nothing else ! You appoint Fali Nariman (perhaps costing anything from Rs.5 lakhs to Rs.10 lakhs per day !) as your lawyer and the perception of those junior judges hearing him is like "listening to God of law" and their notings are different that same facts of the case of a common man in the street ! This is not impartial justice !
It is like same mobile tune being heard differently on two different brands of mobile phones ! Fortunately , unlike Law & Medicine , technology treats everyone equally , be the user rich or poor !

Anirudh Sindhu

2 years ago

Justice Khehars observations are as senseless as his orders. First, it is courts duty to listen to the plight of the people. Secondly in this case also at any money of time if the court thought a particular party is wasting time they should the prudent enough to stop the party at that moment only instead of wasting more time in writing biographical account in their orders on how time was wasted by a party. In this case for two years they were listening a contempt case, and till date they have not concluded; one judge has got retired while other recused himself from the case without giving final orders to the case they were savouring in court laced with jokes and in audience to ace lawyers for more than 2 years. For two years what they were doing then? Now again a new bench will be constituted again points will be kept, heard and argued. This means that the two years of hearing will go waste and then the time of the new bench will get waisted in again hearing the same. Who is responsible for this? Narender Modi government has found government departments sitting on files for 3 years without any action, he has made it mandatory for all to put their comments and move the case forward in 15 days or else give explaination on why this has not happened.

If someone has gone through the order one will find that the judges are trying to justify their earlier order of incarcerating Roy and 2 other gentlemen and why they were listening (and passing order) to the ‘Ex Debito Justicea’ petition moved by Sahara group as the bench hearing the writ petition practically became a judge in its own cause. However, it is a well known principle of natural justice that ‘No one can be a judge in his own cause’ (nemo iudex in sua cause). The pressure is of this goof-ups that the bench was reeling under.

Coming back to time constrain. No institution, private or public have the provision of winter and almost 2 months of summer vacations except schools. This is in addition to saturday and sunday off. The timings of the court is also 10 am to 4 pm (with 1 hour lunch) - therefore they practically hearing cases for just 5 hours each day. With such kindergarten babies like facilities to these men of steel it is obvious that there will be less time for cases. This should be curbed rather than steeling opportunity of any party to be heard in the court. The Prime Minister works from 8 am to 10 pm courts should take inspiration from him.

REPLY

nilesh prabhu

In Reply to Anirudh Sindhu 2 years ago

100% correct


The Judicial Institution is a mess, these judges blame every body except themselves.

Is it time to stop addressings judges as Honorable??

Prakash Basrur

In Reply to nilesh prabhu 2 years ago

Nilesh ! You said it ! The pomp and the minimal work hours enjoyed by the "Your Honour" judges and their "slow motion" judgements in India is a pitiable continuation of "British Raj" even after 65 years of independence ! They themselves should come down from their ivory towers willingly ! It is time they did it "honourably" by themselves rather than inviting a PIL on this issue !

SuchindranathAiyerS

2 years ago

In an India where the courts have been rendered frivolous by fallible, corrupt and incompetent judges, by what measure would you judge a "frivolous" litigation?

nilesh prabhu

2 years ago

Each person should be accountable This includes the babus.
the government should have a policy of dismissing 5% babus each year and recruit 5% new.

Agreed there will be some innocent suffers in the initial years, but within 3-5 years the bad babus can be replaced

manoharlalsharma

2 years ago

why u look only SUBRTA case there r many SUBRTAS in HC / even after acknowledged to chief JUSTICE no action. if u r so interested to learn is coded as Government consignments./one 4 u to study 8508/2003 (Bombay HC)

AThiagarajan

2 years ago

As a first step, this can be introduced in cases where the government departments & agencies go to the court against its own departmental judgements/orders & against High court orders. If someone studies such cases, we can perhaps find that these constitute major part.

Vinayak Bhimrao Mudholkar

2 years ago

We are suffering from crony socialism & not crony capitalism.

REPLY

MOHAN

In Reply to Vinayak Bhimrao Mudholkar 2 years ago



You are absolutely right. The nation must get rid of 'Crony socialism' and 'Pseudo secularism'

Prakash Basrur

In Reply to MOHAN 2 years ago

The topic under discussion is about our judicial system and its faults. Why the hell bring in "pseudo-this" and "pseudo-that" which has no relevance ? Let us be focussed at least on this one topic contrary to our typical behaviour of "check-mate" and stall !

Compulsory Demat Could Further Alienate Investors

Will SEBI’s move on compulsory demat again create problems for investors instead of being a convenience?

On 19th June, chairman of Securities & Exchange Board of India (SEBI), UK Sinha announced a slew of decisions to ‘revive the capital market’. But the proposal for compulsory dematerialisation of shares has been deferred. Compulsory dematerialisation has obvious benefits for companies and intermediaries. Automated trading is swifter; it eliminates residual requests to transfer or dematerialise physical shares and generates revenues for depository participants (DPs) through various fees and charges. But, for long-term investors, especially those holding blue-chip shares for decades, this means paying annual maintenance charges in multiple DP accounts, depending on the combination of joint owners or nominees they decide on. Interestingly, although companies were persuaded to pay a one-time custody charge to depositories at the time of dematerialising their shares, no effort was made to get them to bear a part of the annual fee, despite huge savings through elimination of share-transfer work.

What happens to shareholders who are left holding suitcases full of worthless shares after the initial public offerings (IPOs) mania of the early 1990s? Many are holding on to the shares in the hope that some corporate action or takeover will allow them to recover at least a part of their investment. If SEBI insists on mandatory demat, they will end up paying charges to
keep holding worthless pieces of paper.
Long-term investors also want to avoid needless charges. After all, DPs charge for every corporate action—opening and closing accounts, dematerialisation, re-materialisation, pledge of shares, transfers and off-market transactions. All have a cost attached, apart from the annual charges. A reader, Hemant Dehadray, writes to say that transposition of shareholder names on a physical share certificate is done free of cost under the Companies Act. However, if the shares are in electronic form, the depository charges a flat fee or percentage of the transaction, whichever is higher.

Many investors who did not understand the costs attached to holding dematerialised shares found themselves paying  annual charges for shares of companies that were suspended from trading  or had vanished. Their complaints to the regulator fell on deaf ears. Many such investors are too disgusted to invest in the capital market again.

Investors who have entered the market in this century find the issue of mandatory dematerialisation trivial. But SEBI would do well to remember that, in the 25 years under its watch, nearly 10 million investors have deserted the capital market and prefer to park their money in bank fixed deposits, gold or real estate. The regulator would do well to avoid causing needless harassment to this set of investors, until it can fix the issue of annual demat costs or convince them about why dematerialisation is the better option.

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COMMENTS

Usha Pillai

2 years ago

I regret having converted my MF holdings into demat format. I no longer get any statement of dividends declared from the Funds concerned nor is the demat custodian able to provide this info. We have no one to complain to in this regard and I am seriously contemplating selling off all my MF investments.

The real silent killer-your own mind

 We all know how to keep our body clean but many of us do not know how to keep our minds clean and devoid of all the negative and dangerous thoughts

“Honesty and frankness make you vulnerable.


                 Be honest and frank anyway.”
                                                                                        -Kent M Keith

Our medical scare system tries to ensare you by frightening you with words like silent killer high blood pressure, silent killer diabetes, etc. The truth is that the most potent silent killer is your own mind. Where is the mind? All over you, indeed!

Consciousness is fundamental and all else is derived from that was the opinion of one of the great brains in physics, Max Planck. The human body is therefore, the extension. "Cogito ergo sum" or "I think, therefore, I am" for those uninitiated in latin maxims, was the famous proclamation by Rene Descartes back in the eighteenth century, although he used this formulation to divide the human body into two parts - the thinking part (res Cogitans) and the material part (res Extensa ). That is where the curse of reductionism in science first took root. Science started looking at bits and pieces to understand the whole. With all the wonderful advances in modern day physics pointing towards (w) holism, medical science still looks at bits and pieces, often becoming a bane to society.

Charles Sherrington, a Nobel winning physiologist, became the professor of physiology in 1899, he admitted that "positive sciences do not and cannot answer the question 'why?' That was precisely how silent killer hypertension etc. originated. Today with the understanding of (w) holism we are able to ask the pertinent question as to why does the blood pressure go up in the first place? Here

I am not referring to the disease, secondary hypertension, where we know the cause for elevated BP. I am talking of what modern medicine calls primary or essential hypertension. Similarly we now know why the sugar or cholesterol goes up, again excluding primary type I diabetes.

Now the reader will have to understand elementary human physiology. We have a healer inside us which is the most powerful healer and the best doctor in the world called the immune system. This has to be kept in good working order all the time. When we were mere hunger gatherers in the forest, our only cause of premature death was predation. Nature then endowed us with a very intelligent extra system called the autonomic nervous system which would keep us going when we are seriously injured as we did not have intensive care units then. What the intensive care unit does was being done by the autonomic nervous system in a better way. If could close up cut vessels, make the blood clot, get our blood pressure up when it went down and see that the vital organs got enough blood by redistributing blood more efficiently. In case we saw a tiger, the same system would make us capable of running away from danger by elevating our blood pressure, sugar, cholesterol and other sterols as a life saving measure.

Now that we are in a (un) civilized world, involved in our rat race to make money and get positions, we have to deal with human tigers every day. Many a times these tigers live with us as our near and dear ones. We are yet to evolve enough to get rid of the autonomic nervous system, and that might take millions of years of evolution. As of now we get the flight-fight-fright reaction of the forest tiger sighting with the same biochemical reactions and consequent altered blood parameters and BP rise. While in the forest the elevated levels used to be burnt up to give us energy to run. Today, we cannot run away from the metaphorical tigers. On a chronic basis we accumulate these elevated blood parameters and become hypertensive, diabetic, and what have you. So it is not the tail, elevated blood pressure, which wags its dog, the silent killer. It is the abnormal consciousness of fear and fight reactions of our atavistic human mind that does the trick. Unfortunately, in reductionist medicine we do not look at the whole and try to deal with the end result or symptom.

Cancer is another killer. Cancer cells are normal body cells that fail to die on their appointed time by apoptosis (normal programmed cell death) and mutate to become rogue cells. They are a bunch of jobless, aimless, wandering cells that might eventually become clinical cancers- weeks, months or even years after they get formed in the first place. So if we could screen for rogue cells, all of us would show many potential cancers inside us every day. Why do these cells grow to be cancers in some but die away in the majority? Here again the culprit is our mind. Negative thoughts like hatred, jealousy, anger and pride help the cells to grow to be cancers while love, camaraderie, sharing and caring (otherwise called spirituality) would try and destroy those rogue cells. Abnormal over-eating is another trigger for cancer cells to grow. A frugal diet might not encourage them.

Modern medicine also is now recognising hostility as the main culprit in heart attacks and anger as the cause for haemorrhagic strokes. Depression with frustration does bring on cancer and all other killer diseases in their wake. We all know how to keep our body clean but many of us do not know how to keep our minds clean and devoid of all the negative and dangerous thoughts. Every thought gets translated into a powerful chemical in the body which ends up doing all the damage or good depending on the thought being either negative or positive. How then do we do control our thoughts?

That is the job of the true educational system which, unfortunately we had completely destroyed this in India thanks to our colonial masters who wanted to keep us under their thumb. Every new born child is a genius and a Godly person only to be converted into an idiot and a devil in the present schooling system where negative thoughts and competition are taught. From day one in school those innocent compassionate children are graded with ranks and marks and are made to be aware of their individuality. The altruistic "we" concept gets transformed into the dangerous egoistic "I" concept. That I leads to illness in later life while e WE would have encouraged wellness.

Education must make Healthy minds and not just wealthy careers. A Healthy mind is defined as that which has "enthusiasm to work and enthusiasm to be compassionate". Indian Sanatana dharma, which goes back millenia, has had all those beautiful ideas but was all but removed from the educational arena. We still follow the British model in our schools and colleges while Britain is slowly taking ideas from our ancient system. Let us be human and humane in our social intercourse for us to develop a healthy mind which is the best vaccination for all killer diseases and the mercury containing chemical vaccines that we load our children with. Even Adam Smith had defined education as that which trains a man to act "justly, skilfully and magnanimously under all circumstances of war and peace".  This world runs through your consciousness. Matter comes into existence when observed by you. This new concept is called bio centrism, a brain child of that great thinker physician Robert Lanza. It may be time to reconsider our most common beliefs about healthcare.

                “The truth can only offend those who live a lie!”
                                                          Anon

(Professor Dr BM Hegde, a Padma Bhushan awardee in 2010, is an MD, PhD, FRCP (London, Edinburgh, Glasgow & Dublin), FACC and FAMS. He is also Editor-in-Chief of the Journal of the Science of Healing Outcomes, chairman of the State Health Society's Expert Committee, Govt of Bihar, Patna. He is former Vice Chancellor of Manipal University at Mangalore and former professor for Cardiology of the Middlesex Hospital Medical School, University of London.)

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COMMENTS

shrinivas

2 years ago

"Matter comes into existence when observed by you."
That is an amazing observation.
I request all to read Nisarga Datta Maharaj's books on this !

Farize

2 years ago

Amazing article. !!! Thank you for sharing invaluable knowledge. I only wish that people who read this article could share it with all their near and dear ones to spread the concept of healthy living. This is the true Art of Living, not just existing.

REPLY

Hemant

In Reply to Farize 2 years ago

You may try one more method of practice which is known as Brahmavidya which teaches the same thing. URL is given: brahmavidya.net with HQ at Thane.

Balraj Amaravadi

2 years ago

The real silent killer-your own mind - Very much true.

Hemant

2 years ago

Develop your sub conscious mind which is the real mind. It will then work wonders in all respects. Just chant continuously one sentence in your mind continuously, so that all negative thoughts are driven away and positive thoughts take charge of the human body. The sentence is: I AM COMPLETE AND STRONG IN ALL RESPECTS

REPLY

A Kumar

In Reply to Hemant 2 years ago

Every Day and in every Way I am getting better and better

Suiketu Shah

2 years ago

One of the biggest cancers in the investment industry to a healthy mind are "wealth management experts or RM's" esp in equities in India.Stay far far away from them else you wl surely have a "cancerous" mind just interacting with their polluted thoughts aimed are legally looting you by fooling you.

J P Shah

2 years ago

Useful for good health.

Sameer Thekedar

2 years ago

A very knowledge enriching article by Dr.Hegde. I would like to draw the attention of our fellow readers to the age old tradition of YOGA, which has all the answers for the problems mentioned by Dr.Hegde. So kindly make a guru and step into the world of YOGA as early as possible.

S.S.A.Zaidi

2 years ago

very very informative article.What is required is for readers to pick up the nuggets of wisdom and follow them in their life religiously

sivaraman anant narayan

2 years ago

Almost identical views have been propogated by Sadguru Jaggi Vasudev whose flagship program 'Inner Engineering' goes a long way in strengthening our immune systems besides ofcourse preparing us for spiritual growth!

CHILUKURI K R L RAO

2 years ago

Thank you Professor Dr.BM Hegde, I enjoyed reading this article and I am sure many more people felt the same.

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