You Be The Judge

“ID Please”

A young woman, a very young woman, enters her car with two women friends. They had just attended a seminar on sexual assault survival and it was late evening. Suddenly, they are accosted by six men and a woman. One man gets on the bonnet of the car. Another man draws a gun.

The windows are rolled up. She cannot hear what the accosters are saying. To roll down the windows, she must start the car. Which she does. The outsiders, fearing the car will escape, try to smash the windows.

What should she do? Well, most must have guessed correctly. She drove off. In the melee, one of the accosters got hurt. She headed for the police-station. In the meantime, using her presence of mind, one of the girls phones the cops. Soon, they see the flashing lights of the police car and, thankful, they stop.

They are arrested. Why?

The ‘six plus one’ were actually the police in civvies. They were trying to apprehend drunk drivers and juvenile drinkers. They thought the youngster may have been in possession of hard liquor, hence, the Rambo treatment—seven against three, gun, bonnet dance, chase, the works.

Now you be the judge.

What would you have done? Meekly submitted, hands held high? Be assaulted, or molested, or worse? Or made a run for it, circumstances permitting? There appears no option.

First, let us get the facts. Police in mufti at night. Non-identifiable badges. Young women were aware of attacks and such instances were fresh in their mind. The cops not able to convey their identity clearly enough; the windows were rolled up. The girls think it is an attack. The cops think they are doing their duty. The girls think of flight through fright. The police think flight was to evade arrest.

It might seem like a comedy of errors but the police in America are armed and are known to shoot first and ask questions later. Suppose they had fired and killed someone or all the three girls? Who would you say was in the right?

Fortunately, no one was hurt. The cop was only slightly brushed against. The young girl had nothing more potent on her than a bottle of water. Her friend had called the police using her cell-phone. They had stopped on recognising the flashing lights on the police car. All they did was run away from the police (which they did not know) and called the cops to help. The girls were arrested for trying to escape, that is, evading arrest.

The public prosecutor refused to press charges against the girls. He was right in doing that. The police need to identify themselves; otherwise, how does one distinguish the cops from the robbers?

Yet, there is an unanswered question. What is the best recourse, when one is caught in such a situation? And what should the police do, to avoid such an incident?

Maybe start by reducing the number of cops on any one beat. Does one need seven people to check on drunk drivers? And that too armed? In India, more than five people in a heist are termed dacoits. If the police had been found guilty of injury, they would have been in serious trouble. Why not train and sensitise the force? Make them attend sessions on the need and merits of making arrests. Publicise such real-life incidents to avoid recurrences. Maybe even have, or raise, the minimum IQ requirements for delicate work.

Anyway, thank God! All’s well that ends well... Until the next screw-up.

Bapoo Malcolm is a practising lawyer in Mumbai. Please email your comments to [email protected] or [email protected]


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From ‘export or perish’ to ‘export and stop imports’ of cheap goods!

‘Export or perish’ was the clarion call given by Jawaharlal Nehru. Now, with a staggering import bill of $491.9 billion, India needs to stop imports of cheap goods and encourage buying indigenous equipment, even if it costs 15% to 20% higher than overseas

In a written reply to the Lok Sabha, Anand Sharma, minister for commerce and industry, has confirmed India's exports at $300.3 billion as against a staggering import bill of $491.9 billion during the year 2012-13. 


He has further stated that 10 countries, which account for this trade deficit of $191.6 billion, are China, Switzerland, Saudi Arabia, Kuwait, Iraq, Qatar, Venezuela, Nigeria, Australia and Indonesia. These account for as much as 76.5% of our deficit. There are 70 more countries that have a favourable balance of trade against India!


The reasons are not far to seek.  Saudi Arabia, Iraq, Kuwait, Qatar, Venezuela and Nigeria are our principal suppliers of oil and gas, which we produce indigenously but in insufficient quantity and thus have to import for catering our growing needs. Australia and Indonesia supply coal, again an essential energy base. India has the resources in substantial quantity but is unable to excavate and distribute in an efficient manner, due to bureaucratic bungling in environmental clearances and logistical issues.


China is well entrenched in India in supplying cheap electronic goods, thereby killing the domestic industry and, of course supplying various power generating equipments, which have been found to be of inferior quality and workmanship. However, this factor is conveniently overlooked due to cheaper Yuan credit that China can give.


It took months of protests and appeals before the government imposed an increased tariff on these electrical equipments that were actually hurting the indigenous industry.


Now, the Heavy Industry Minister Praful Patel is seeking to have the import duty cut to 14% from the revised rate of 21% imposed a few months earlier. We do not know what has caused him to make this suggestion.


On these issues, we appear to brazenly overlook the fact that we need to seriously improve our own production capacity of all electrical power generating equipments, which we import from China, the main supplier, and others.


Secondly, apart from maintaining the current tariff, the government must consider giving a preferential treatment in obtaining indigenous equipment, even if these are 15% to 20% higher than the imported counterparts. Treating such supplies as "deemed export" is one thing, but giving this sort of direct price advantage is a key element to facilitate growth.  Besides, a whole lot of foreign exchange can be saved in this manner. Employment opportunities will increase as will consumption and growth of essential raw materials, like steel, that are indigenously made.


The Government must have a think tank to work on these lines of import substitution more seriously than what it being done so far.


(AK Ramdas has worked with the Engineering Export Promotion Council of the ministry of commerce and was associated with various committees of the Council. His international career took him to places like Beirut, Kuwait and Dubai at a time when these were small trading outposts; and later to the US.)




4 years ago

Please explain why Indian companies price their product same like MNCs (compare Bata and Lakhani). Please also explain why Lakhani is defaulting and last week Canara Bank had published possession notice ( for default amounting to more than 39 crores. Basically Indian companies are willful defaulters. Just for information during the past 15 days TOI is publishing possession notice and amount is nearly 1000 crores. So let it be Mallya, WINSOME DIAMOND are cheating PSBs in thousands of crores, Lakhani do it at less amount.

Dr Anantha K Ramdas

4 years ago

Thank you Mr Srinivas. During my first ever posting abroad, while shopping at Takla (a supermarket), I was accosted by a gentleman who asked, if I could speak English, so that I can assist him?

When I responded positively, he requested that he be directed to the section where Japanese goods are shelved! I did that, but asked him, why? He said: "Sir I am Japanese, here in Lebanon, and I want to first buy products from my country before buying others. I will support local products also but first preference is Japanese!

He taught me a lesson, and to this day, I continue to follow it. I am proud and happy to buy Indian products.


4 years ago

Good article sir - unless all of us citizens decide that we are interconnected - when I choose a Washington apple over a cheaper Himachali apple, without realizing it, we are driving a nail in our country's coffin. However, what we do not need is protectionism, we need less interference from the Government - automatically enterpreneurship will flourish. But today's businessmen find it tough to encourage their children to join their business - why ? Because the kids have seen their father suffer at the hands of different authorities !

If you care to ask anyone in Maharashtra ( except the industry minister himself), we entrepreneurs are desperately trying to get our VAT audit for the year 2005-2006 ( yes that old cases ) completed ! And VAT was supposed to be a no-harassment system !Everything online, so phataphat ho jayega .... was what we were told.

The governance machinery is like crabs, pulling away chunks of flesh ( in the form of official extortion ) and thus you find bleeding entrepreneurs thinking how long this can go on - and the government wants us to export ? If possible, we would like to export ourselves !

Vinayak Bhimarao Mudholkar

4 years ago

If "swadeshi" is to be accepted in the end then why was Globalisation accepted?....Where was our think tank then?....Mr. Obama also says "Be American, By American"....Is this the failure of Globalisation?

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