PUNAR NIRVACHANAM : A SHORT STORY .

 

 

പുനർ നിർവചനം

ഒരു  ചെറു കഥ : ഉഷാ വെങ്കട്

ഐപിസിയിലും, സിആർ പിസിയിലും സ്ത്രീകൾക്കെതിരെ ഉള്ള ലൈംഗിക പീഡനത്തിനുള്ള നിയമ ക്രമങ്ങൾ വ്യക്തമായി പ്രതിപാദിച്ചിട്ടുണ്ട് . പക്ഷെ അതിലുപരിയായി നിയമ പഴുതിലൂടെ  മിക്കവാറും എല്ലാവരും തന്നെ രക്ഷപെട്ടു പോകുന്ന , ഈ സാഹചര്യത്തിൽ #മി ടൂ എന്ന പ്രതിഭാസം ശക്തിപ്പെട്ടു വരുന്നു . പല സ്ത്രീകൾക്കും തങ്ങളുടെ മാനസിക പീഡനത്തിന് ഒരു ആശ്വാസം പോലെ . അതിന്റെ പാശ്ചാത്തലത്തിലാണ് ഈ കഥ രൂപം കൊണ്ടിരിക്കുന്നത് .  ഇതിലെ കഥാപാത്രങ്ങളും, ഈ കഥയും സാങ്കല്പികമാണ്‌.

 

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PART 1

 

അവൾ ഒരു ഉന്മത്തയെ പോലെ ചിരിച്ചു  നൃത്തം ചവുട്ടി , ആ  കടലോരത്തിലെ മണ്ണിലും ,,പാറകളിലും ഓടി കളിച്ചു . ഒരു കൊച്ചു കുഞ്ഞിനെപ്പോലെ ആഹ്‌ളാദത്തിൽ സ്വയം മറന്നു.

ഒരു വിചിത്രമായ കാഴ്ചയാണ് അവൻ   കണ്ടത്,

തലേ രാത്രിയിൽ രണ്ടു പേരും ഒരേ മുറിയിൽ  തല   ചായ്ച്ച ഓർമമയുണ്ട്. രാത്രിയിൽ എപ്പഴോ അവൻ ഉറങ്ങി., രാവിലെ എണീറ്റപ്പോൾ അവളെ മുറിയിൽ കാണാതായപ്പോൾ അവൻ വ്യാകുലനായി.  അവളെ തേടി അവൻ ഹോട്ടൽ മുറിയിൽ നിന്നും പുറത്തിറങ്ങി.

 

താഴെ റിസപ്ഷനിൽ  അവളുടെ കൂട്ടു കാരിയെ കണ്ടു. അവന്റെ മുഖം  വ്യുകലതയിൽ മൂടിയിരുന്നു . തലേ രാത്രിയിൽ അമിതമായീ കുടിച്ച കാരണം  ഒന്നും ഓർമയിൽ തങ്ങുന്നില്ല. ഒരേ മുറിയിൽ കിടന്നതല്ലാതെ അവളുടെ അടുക്കൽ പോയതുപോലുമില്ല, അവളോട്   .അത്ര ബഹുമാനം തോന്നി.

അവൾ കുടിച്ചു പകുതി ബോധത്തോടെ  എന്തെല്ലാമോ വിളിച്ചിപറഞ്ഞു കൊണ്ടിരുന്നു .

അവൻ തൊട്ടു കിടന്ന സോഫയിൽ തലചായ്ചു.  അവൾക്കു കാവലിരിക്കുന്ന പോലെ  . പിന്നെ രാത്രിയുടെ ഏതോ യാമത്തിൽ ഉറങ്ങി.

നീ അനാമികയെ കണ്ടോ ?

കൂട്ടുകാരി ജാസ്മിൻ മുഖം ഉയർത്തി . അവളുടെ മുഖത്തു ചോദ്യ ചിഹ്നം ഉയർന്നു .ഏതോ കേൾക്കാൻ പാടില്ലാത്തതു കേട്ടത് പോൽ .അവൾ ഒന്നും ശബ്‌ദിച്ചില്ല .

രാഹുൽ ഗോരെ  തൻറെ ചോദ്യം ആവർത്തിച്ചു .

ഒന്നും മനസിലാകാത്ത പോലെ ജാസ്മിൻ അവനെ തന്നെ നോക്കിയിരുന്നു, അവളിൽ ഒരു അനക്കവും ഉണ്ടായില്ല.

അവളിൽ നിന്നും ഉത്തരം പ്രതീക്ഷിക്കാതെ അവൻ പുറത്തേക്കോടി , കൂടെ അവളും അവനെ പിന്തുടർന്ന്നു .

പുറത്തു വിശാലമായ കടൽത്തീരം , താമസിക്കുന്ന ഹോട്ടൽ കടൽത്തീരത്തിനു അരികെ ആയതിനാൽ കടൽകാറ്റ് വീശിക്കൊണ്ടിരുന്നു .

പാറക്കൂട്ടങ്ങളും മണലും നിറഞ്ഞ കടൽ തീരം.

അനാമിക ,അനാമിക വിളിച്ചുകൊണ്ടു രണ്ടു പേരും ഓടി. അവളെ എങ്ങും കണ്ടില്ല . അഗസ്റ്റിൻ എബ്രഹാം ഒരു പാറയുടെ മുകളിൽ ഇരിക്ക്ക്കുന്നത് കണ്ടു.

രണ്ടു ദിവസം മുന്നേ അനാമികയെ അഭിമുഖ സംഭാഷണം ചെയ്യാൻ വന്ന പേര്  കേട്ട ഏതോ മാഗസിന്റെ ജേണലിസ്റ് . അഗസ്റ്റിനും ഗോരെയും ഒരേ മാഗസിൻറെ ആൾക്കാരാണ് . ഗോരെ നല്ലൊരു പ്രൊഫഷണൽ ഫോട്ടോ ഗ്രാഫർ. അനാമികക്ക് ഗോരയെ നല്ല പോലെ അറിയും . ഗോരേക്കു തിരിച്ചും . അത് കൊണ്ടാണ് തന്റെ പല പോസുകളും ക്യാമെറയിൽ പകർത്താൻ ആവശ്യപ്പെട്ടതും അവൻ സന്തോഷത്തോടെ ക്യാമറയും എടുത്തു അവളുടെ പിന്നാലെ പോയതും. ഒരു  മാഗസിൻ ജേര്ണലിസ്റ് ഫോട്ടോഗ്രാഫർ എന്നതിലുപരി ഒരു നല്ല സുഹ്‌ത് ബന്ധം അവരിടയിൽ ഉണ്ടായിരുന്നു. അവനു അവളോട് അത്ര മാത്രം ബഹുമാനവും.

അനാമികയെ വെളുപ്പിനെ കണ്ടിരുന്നു അഗസ്റ്റിൻ പറഞ്ഞു അവൾ ആ പാറക്കൂട്ടത്തിലേക്കു എവിടെയോ പോകുന്നത് കണ്ടു രാത്രിയിൽ ഉറക്കം വരാത്തതിനാൽ ഞാൻ പുറത്തേക്കിറങ്ങി ഇവിടെ വന്നു ഇരിക്കുകയായിരുന്നു. അവൾ നന്നേ കുടിച്ചിരുന്നു. എന്നെ കണ്ടില്ല .പക്ഷെ ഉല്ലാസവതിയായിരുന്നു. അഗസ്റ്റിൻ പറഞ്ഞു.

ജാസ്മിൻ രണ്ടു പേരെയും പുച്ഛത്തോടെ നോക്കി. അനാമികയുടെ ഇന്റർവ്യൂ അവൾക്കു ഒട്ടും ഇഷ്ടപ്പെട്ടിരുന്നില്ല ..  . .

പല തവണ അതിൽനിന്നും അവളെ  പിൻ തിരുപ്പിക്കാൻ ശ്രമിച്ചു നോക്കി . എല്ലാം വിഫല ശ്രമങ്ങൾ . അതിന്റെ പേരിൽ  രണ്ടു പേരും വാക്കേറ്റമായി, വഴക്കായി . അങ്ങിനെ ആണ് താൻ തിരുച്ചു പോകാൻ തീരുമാനിച്ചത്. ജാസ്മിൻ  ഓർത്തു . അതി രാവിലെ തിരിച്ചു പോകനാണ് ജാസ്മിൻ തീരുമാനിച്ചത്.

നീ എന്തിനാണ് ഈ  അഭിമുഖത്തിന്  സമ്മതിച്ചത്?, ജാസ്മിൻ ചോദിച്ചു. ഒന്നും സംഭവിക്കില്ല , നിന്റെ ആകാംക്ഷ എനിക്കറിയാം . നീയും കൂടെ വേണം. അനാമിക പറഞ്ഞു.

അങ്ങിനെയാണ് ജാസ്മിനും കൂടെ ഉണ്ടായിരുന്നത്. അവൾ ഓർത്തു.ചെക്ക് ഔട്ട് ബിൽ കിട്ടാൻ കാത്തിരിക്കുമ്പോളാണ് ഗോരയെ കണ്ടത് . ഒരു വിധ്വേഷത്തോടെ അതെ സമയം വ്യാകുലതയോടെ അവൾ ഗോരയെ നോക്കി . പെട്ടെന്ന് തന്നെ ഗോരയെ പിന്തുടർന്നു .

അവൾ എവിടെ? അനാമിക എവിടെ? ആകാംക്ഷയോടും സങ്കടത്തോടും കൂടി ജാസ്മിൻ ഗോരയോട് ചോദിച്ചു. അവൾക്കു എന്ത് പറ്റി?.

``അത് കൊണ്ടാണ് ഇന്റർവ്യൂ ഞാൻ തടയാൻ ശ്രമിച്ചത് . ആരും ചെവി കൊണ്ടില്ല . നീയും നിന്റെ കൂട്ടുകാരനും ചേർന്ന് അവളെ ചതിക്കുകയായിരുന്നു . പാവം അനാമിക . നിങളുടെ മാഗസിന് വേണ്ടി, പണത്തിനു വേണ്ടി, പ്രശസ്തിക്കു വേണ്ടി, അവളുടെ ജീവിതം വിറ്റു കാശാക്കുവാനായിരുന്നു നിങ്ങടെ ആഗ്രഹം.`` കോപത്തോടെ ജാസ്മിൻ ഗോരയോട് പറഞ്ഞു. ഉത്തരം ഒന്നും പറയാതെ ഗോര കടൽ തീരം നോക്കി പോയി , കൂടെ അവളും.

                                                                                                                                               തുടരും 

SITA KAVYAM

SITA KAVYAM

Sita Devi emerged from her hut in Valmiki Ashramam on hearing that Lav and Kusa have captured the Aswametham horse sent by SriRamachandra. What an audacity by the children? This means questioning the authority of the Emperor. Not satisfied with that they had also defeated Lakshmanan who was accompanying the horse and captuared him and didn`t let him go.

Sita Devi quipped’ what action you have done?, this is not correct to question the authority of the King. It may invite wrath of the King.’

Lav and Kusa replied ‘ if Sri Rama is a upright King why he did injustice to Matha Seetha Devi?’ We want justice to be done to the Matha. ’  a relevant question Seetha thought. She never disclosed to her children that she was Seetha and Sri Ramachndra , the king was their father. Was  it not incorrect to leave Seetha in the forest and abandon her , just on the words of a washer man, who represented the subjects?

This is a question that may arise in the minds of the Universe. On the face of it , it is a relevant question that too never expected of a divine soul and who is considered as embodiment of the Lord Maha Vishnu. The question is left unanswered . Was it correct for Sri Ramachndra to doubt the chastity and purity of his wife Seetha Devi whereas Sita Devi had herslf entered Agni or Agni Pravesh in front of all  at Lanka to prove her purity. Still why Sri Rama was not satisfied? Whether his action could be justified ? whether he wanted to prove to the world that he was different ?. It is sure that he never doubted the purity and chastity of Sita Devi , still he abandoned her based on the words of one of the subjects.

I read an interesting description which give below without changing the text.

Many Hindus, like the followers of Vaishnavism, consider the entire section of Uttar Kanda in Ramayana to be interpolated, and thus they do not accept the authenticity of the story claiming that Sita was banished. A general narration of Ramayana does not state it so. It says that Sita later lived in her father's kingdom of Mithila with her sons Lava and Kusha as per the North Indian (especially in presen Not even Hindus, but Muslims have 'Mappila Ramayana' which deals with the story of Sri Rama, part of Mappillapattu, a genre of songs popular amongst the Muslims in Kerala and Lakshadweep. Buddhist have their own variant of Ramayana, which perhaps was used to propagate their own ideas like celibacy and denouncing marriage. There is also a Jain Ramayana. But the fact remains that all others were written after Valmiki Ramayana. Some authors and poets only elaborated and developed the characters from Valmiki's epic, while some totally changed the story or added completely new portions, which were at times not much appreciated by some otherst day Uttar Pradesh and Bihar) custom that children be brought up in their nanihaal, or maternal grandmother's place. Sita and her sons later lived at Valmiki's ashram for the boys' education and military training.

In Valmiki Ramayana , the great sage never mentions that Sri Rama abandoned Sita  in the forest. UttaraKanda is considered to be more revered part of Ramayana. It depicts Rama’s exit from the world after the objective of the Avatar has been achieved and the Avatar has no further role to perform in the Universe.

But there is popular belief that Sri Rama , the supreme righteous Lord in the human form banished his wife Sita Devi on hearing the words of a subject and  abandoned his beloved wife may seem to be cruel in the eyes of commons. An act of disgrace and cruelty to a destitute woman. 

But looking at it on a different dimension, we cannot find fault with Sri Rama and instead it was done for teaching the society on bad practices prevailed on one pretext or the other. This could be better understood only if we explore the reaction of the same society if he had not abandoned her even after knowing of such allegation made by the subjects. He is a King and a person to lead the subjects through a righteous path. His supreme responsibility as a king is to build up confidence and he has to be  impartial in taking decisions. He has set an example to the future rulers whether in a democratic country or a royal kingdom.

While Sri Rama was in exile, his brother Bharatha ruled the kingdom of Ayodhya . But Bharata also relinquished his princely robes and lived like a hermit and never entered the Palace or Palace court. This created a void. To fill in this abnormality ,  Sage Vasisht who was the Raja Guru advised Shatrughana to sit in the throne and conduct the kingdom .

As Ayodya was considered to be ruled by Surya Vamsha or Surya dynasty which later known as Raghuvamsa and the kings were more known to be righteous , honest and who followed the path of Dhrma ensuring equality to all and strict followers of principles, rules and practices followed in the society. This has its own drawbacks and the kings never dared to change the rules laid down in the society. But Sri Rama was different . This is clear from one episode.

King Dhasaratha did Aswamedha Yaga and sent the horse to establish his kingdom. When the Horse reached Mithila, Sita Devi fed the horse and quenched its thirst by taking mercy on it. She prayed that the horse would not be sacrificed and would not become a sacrificial animal on the conclusion of the Aswamedha Yaga as was the practice. King of Mithila welcomed the Sena from Ayodhya and honoured them and sent them back with presents. Sita Devi felt pity for the white horse which was destined to be sacrificial horse at the end of the Yaga. The horse was injured and totally exhausted due to its long journey . Sita stopped its journey which agitated the accompanying soldiers. Once they came to know that she was Princess of Mithula, they bowed before her . She attended to the injury in the leg of the horse with natural herbs and tied it with a piece of cloth that she worn. This showed how much kind she was and proved to be the child of Nature as the King got her while ploughing the field. King Janaka was also a kind man and moved along with the farmers and common men which endeared him.

The white stallion returned back to Ayodhya exuberantly to the happiness of the King. The Krishis informed the King that it was time for completing the Yagna and advised him to make the horse ready for sacrifice as was the custom. Sri Rama immediately objected to this in his usual way of self controlled voice and softness but effectively and firmly. Though his voice was soft with deep authenticity which hearer cannot shirk or even pretend to be not heard. It has such an air of authenticity which will make people to be patiently hear and act.

Sri Rama unfearful of any thing firmly informed the crowd that it was cruel to give the horse in sacrifice and kill it which had travelled tirelessly around the country and brought  pride to the Kingdom. Instead of honouring it , the practice of killing it was against Dharma. The people, Krishis and whole crowd was bewildered as every one was scared or reluctant to change the laid down rules and practices. But Sri Rama in his soft composed voice made them understand the mistakes the society was doing and it was time to correct the same.  The Krishis could not find an alternate  solution to this, Sri Rama asked his brothers to bring a golden horse in place of the horse and wanted to complete the Yagna.

Thus in our society there are so many evils and superstitions and practices which are prevalent  for ages and people should realise this and accept to stop such practices.

Coming back to the discussion on banishing Sita Devi by Sree Ramachandra , we have to go into the customs and practices and rules followed at that period. Coming back to Shatrughana , once the palace court was assemble to pronounce judgement on a complaint by the citizens of Ayodha. The complaint was against a couple . The couple was called into the court to hear the allegation against them. The lady had gone out from her home for some job and by the time she returned it was late in night and there was heavy downpour and she took shelter in a hut and the man living in the hut gave her shelter with all respects that could be given to a woman. Next day in the daybreak  she returned to her home. Her husband was fully convinced and understood the difficulty she underwent and the circumstance under which she was forced to stay in a stranger’s hut. This made the conservatives unhappy and they went to the King for punishing her for staying in a place away from her house. King Shatrughana heard the parties and was clearly convinced and understood the innocence of the woman.

Despite this, prince Shatrugana sought the advice of the Minister before giving the judgement. Minister . Mantri, explained to him regarding the practices and rules of the kingdom and informed him that the lady should be sent to Forest for a period of two years. The Prince could not accept this and he also thought this to be injustice to a woman but never had the courage to rewrite the rules and break the rules and practices prevailing in that period . ultimately he succumbed to pressure and ordered her to be sent to forest as a punishment. With that he left the court with a heavy heart and sorrow and regret and cursed the practices. If it were Sri Rama he would have been bolder to change the rules or practices and would have corrected it. But the fate that it may , similar incident happened  in his ife after 12 years. He became prisoner to his commitments as a Ruler and King of the land. He could not break the rule when he faced a similar situation when the Queen returned , No wonder why he was questioned by the subjects . If he had not sent Sita Devi to forest he would have been blamed as a king who changed rules and practices for his own sake, whereas when similar incident occurred twelve years back a woman was sent to forest mercilessly.

This teaches us how a leader should be. The present leaders and politicians twists the rules according to their convenience and shield themselves whereas the common man is not able to do.

Thus it justifies Sri Rama’s action. But after some years when he finds his children and finds Sita Devi,  he wants to bring her back to Ayodhia as the Queen. He also declares that now on no women should be mistreated and should be given equality and equal freedom like a male in all areas like education, life and administration as well. Though this was declared by Sri Ramachandra while establishing Rama Rajya, in our present era, women are waiting for 331/3 percentage reservation for women which is very much used as a tool for gaining votes.

Ramayana also teaches about the prestige and pride of  women. Sita Devi’s aim was to make her children competent in all fields and make a good warrior. Her responsibilities ceased once they were united with their father, Sri Ramachandra. But she never wanted to forgive Sri Ramachansra for the disgrace meted out to her in his hands. As a woman of valour she fought against  all odds and brought up her sons. But she was never prepared to go back to Ayodhya or the people of Ayodya whom once discarded her treated her with contempt and which society disgraced her and put her to shame . She felt it would be shameful to go back to Ayodhya. Thus Sita Devi had decided to end her life . As known to every one she disappeared in the hand of Mother Earth from where she was born.

Thus each part of Srimath Ramayana teaches us various things and each incident has its meaning or tale to tell .

aapadaam apahartaaram daataaram sarvasaMpadaam.h |
lokaabhiraamam shriiraamam bhuuyo bhuuyo namaamyaham.h ||

Then coming to Mahabhrata Drupati or Panchali is again becoming a degraded and unchaste  woman since she was forced to accept five men. We should think about the society which existed for over 5000 years back. I am just drawing equals to the present "Living together " concept which the present modern society accepts. Was it not also a similar living together by panachali with five desired men?

subham

MEDIATION :   A MIDDLE PATH

Most of us might have heard about the story of a hidden mango. A teacher was taking class on mathematics for primary class children. She called a boy and asked him if you have three mangoes and  you ate one, how many mangoes would be left with you. He answered 3 mangoes. Again the teacher repeated the question, the boy answered the same. Teacher got annoyed and shouted at the boy ‘how can it be , out of three mangoes you ate one how can there be three mangoes left’. The boy was never yielding and was obsessive.  The teacher changed the mangoes with apples. His answer was correct. Teacher again turned to him and patted him. ‘Yes’ , Now it is correct ‘ .Similarly how many mangoes would be there out of three mangoes if you ate one. The child repeated his answer and told the teacher that ‘I already got a mango in my pocket , then how could I give a wrong answer. The teacher understood her folly of not applying her mind. This is the hidden mango which the teacher could not make out and was answer to the clue. Or this is called out of the box suggestion ie to make out totally new assumption that could never be thought of or  hidden from the eyes of the disputants. 

During a meeting, earlier Chief Justice of India was suggesting that most of the cases in Indian courts could be resolved through Alternate dispute resolution , especially through Mediation.’ ‘At a time when the courts have been accused of pending cases, with more than three crores cases, Mediation would be a best alternative for speedy resolution’ he had observed. As rightly pointed out by the ex-CJ , most of the disputes are trivial and frivolous in nature and could be easily resolved by some one who can lend his ears and give a patient hearing. As an Advocate / Mediator, I have in my hand numerous cases which are very trivial in nature like, property disputes, partition matters and petty family matters. The issue is the parties concerned are not fully aware of the Mediation process and are not ready to give a try. The reason is that they feel that during mediation, the mediator would be taking sides and could be influenced by the other party. This fear is unfounded since mediators are independent persons and do not gain any thing by being influenced as the mediation process is not judicial in nature but it is left to the decisions of the persons concerned . Mediator does not influence any one to impose any decisions but promote and facilitate a cordial atmosphere to make them think coherently and help them to evolve a solution. Thus the cordiality of the parties are encouraged and a cordial atmosphere is created to help them to think for a solution within a shortest period of time.

Here only the mediator’s job begins ie to bring the warring group or persons to sit across. In some of the countries it is a prerequisite to make an attempt for resolution of a dispute through mediation and on failure only it comes to courts. This filters most of the cases as the parties also find it convenient to avoid  prostrated litigation. In India parties are not willing for mediation even if advocates prompt them for mediation. This is because of the sociological aspect and prestige.  This happens even in family disputes like partition, divorce, land disputes etc. The above three categories could be easily resolved by an effective mediation by a shrewd mediator who can sit patiently. A trained mediator, ie accredited mediator( accredition is done by the Institute of Arbitration and Mediation (IIAM) , an affiliate body of International Mediation Institute) can resolve such issues by helping  the parties to evolve a solution. Such mediators not only prepare the litigants for mediation and move methodologically by offering effective and out of the box suggestions as mentioned in the story of hidden mango, which makes it easy for a faster resolution.

This process was once prevalent in Gujarat among trade communities , like a process of arbitration and mediation , now known as Med-Arb. This was found to be very effective , in the sense , this does not create any heart burns among the traders, thus it retains mutual faith , as the resolution is helped out purely on mutual consent.  I have tried to convince my clients , but only a few were ready to test this method, even after reassuring the litigants that they need not have to withdraw their cases. In banking sector, similar methods akin to mediation are used as generally known as one time settlement. Here it seems to be arbitrary in nature as most of such settlements are like arbitration.

In present day trade deals, conflict is bound to happen and for finding immediate resolution, some of the contracts include a Mediation clause. In certain cases companies or bodies prefer to have a DRB or Dispute resolution board which meets frequently to quash any differences or misinterpretations. IIAM takes a role in nominating accredited Mediators to the board on request.

Already there is a custom of court directed mediation in the case of family matters etc. Probably in coming years , its awareness may grow as Government of India and also the Supreme court of India favour mediation as an effective tool for dispute resolution. IIAM , an independent body affiliated to IMI , the global body , is also taking much initiative to  popularise this and  create awareness.

        

MEDIATION

MEDIATION :   A MIDDLE PATH

Most of us might have heard about the story of a hidden mango. A teacher was taking class on mathematics for primary class children. She called a boy and asked him if you have three mangoes and  you ate one, how many mangoes would be left with you. He answered 3 mangoes. Again the teacher repeated the question, the boy answered the same. Teacher got annoyed and shouted at the boy ‘how can it be , out of three mangoes you ate one how can there be three mangoes left’. The boy was never yielding and was obsessive.  The teacher changed the mangoes with apples. His answer was correct. Teacher again turned to him and patted him. ‘Yes’ , Now it is correct ‘ .Similarly how many mangoes would be there out of three mangoes if you ate one. The child repeated his answer and told the teacher that ‘I already got a mango in my pocket , then how could I give a wrong answer. The teacher understood her folly of not applying her mind. This is the hidden mango which the teacher could not make out and was answer to the clue. Or this is called out of the box suggestion ie to make out totally new assumption that could never be thought of or  hidden from the eyes of the disputants. 

During a meeting, earlier Chief Justice of India was suggesting that most of the cases in Indian courts could be resolved through Alternate dispute resolution , especially through Mediation.’ ‘At a time when the courts have been accused of pending cases, with more than three crores cases, Mediation would be a best alternative for speedy resolution’ he had observed. As rightly pointed out by the ex-CJ , most of the disputes are trivial and frivolous in nature and could be easily resolved by some one who can lend his ears and give a patient hearing. As an Advocate / Mediator, I have in my hand numerous cases which are very trivial in nature like, property disputes, partition matters and petty family matters. The issue is the parties concerned are not fully aware of the Mediation process and are not ready to give a try. The reason is that they feel that during mediation, the mediator would be taking sides and could be influenced by the other party. This fear is unfounded since mediators are independent persons and do not gain any thing by being influenced as the mediation process is not judicial in nature but it is left to the decisions of the persons concerned . Mediator does not influence any one to impose any decisions but promote and facilitate a cordial atmosphere to make them think coherently and help them to evolve a solution. Thus the cordiality of the parties are encouraged and a cordial atmosphere is created to help them to think for a solution within a shortest period of time.

Here only the mediator’s job begins ie to bring the warring group or persons to sit across. In some of the countries it is a prerequisite to make an attempt for resolution of a dispute through mediation and on failure only it comes to courts. This filters most of the cases as the parties also find it convenient to avoid  prostrated litigation. In India parties are not willing for mediation even if advocates prompt them for mediation. This is because of the sociological aspect and prestige.  This happens even in family disputes like partition, divorce, land disputes etc. The above three categories could be easily resolved by an effective mediation by a shrewd mediator who can sit patiently. A trained mediator, ie accredited mediator( accredition is done by the Institute of Arbitration and Mediation (IIAM) , an affiliate body of International Mediation Institute) can resolve such issues by helping  the parties to evolve a solution. Such mediators not only prepare the litigants for mediation and move methodologically by offering effective and out of the box suggestions as mentioned in the story of hidden mango, which makes it easy for a faster resolution.

This process was once prevalent in Gujarat among trade communities , like a process of arbitration and mediation , now known as Med-Arb. This was found to be very effective , in the sense , this does not create any heart burns among the traders, thus it retains mutual faith , as the resolution is helped out purely on mutual consent.  I have tried to convince my clients , but only a few were ready to test this method, even after reassuring the litigants that they need not have to withdraw their cases. In banking sector, similar methods akin to mediation are used as generally known as one time settlement. Here it seems to be arbitrary in nature as most of such settlements are like arbitration.

In present day trade deals, conflict is bound to happen and for finding immediate resolution, some of the contracts include a Mediation clause. In certain cases companies or bodies prefer to have a DRB or Dispute resolution board which meets frequently to quash any differences or misinterpretations. IIAM takes a role in nominating accredited Mediators to the board on request.

Already there is a custom of court directed mediation in the case of family matters etc. Probably in coming years , its awareness may grow as Government of India and also the Supreme court of India favour mediation as an effective tool for dispute resolution. IIAM , an independent body affiliated to IMI , the global body , is also taking much initiative to  popularise this and  create awareness.

        

RESURRECTION OF FADING CULTURE OF TAMIL NADU

A feast for connoisseurs of Tamil Nadu Traditional Art

We never thought that it would be such a fabulous extravaganza , an attempt to bring back the fading  lustre  of what they called as “Natttupura Kalaigal”. This was what they did exactly when they performed  a 3 hours programme at Medavakkam , S&P Lakeview Appartment Community as part of the Community’s Pongal Celebrations 2018.This was presented in the pleasant evening of the Pongal Day in the coolness of January winter at the premises of the above apartment compex.. The residents remained as main spectators and  watched with wide eyes  various items presented by Sukra Dance Academy for Folk Dances of Tamil Nadu, Medavakkam. The team was headed by Dr. Sundaramurthy who is at its helm and himself  an exponent in Tamil Nadu Village traditional dances like Mayilattom,Bamboo dance, Karagattam, Poikkal Kuthirai Attam, Villupattu, Street show.etc.

It is a general feature or custom to show case such programmes in front of tourists, both domestic and foreign and its importance is slowly getting lost and such artists are now rarely seen. This is mainly because it has lost its lustre either because of films , TV shows  ,  present day film songs or more importantly  due to unattractive monetary benefits.  It is at this background that Sukra Academy for cultural arts has identified these fading arts and want to resurrect it by training younger generations . Probably the organisers and the Acadmey both might have felt that the present generations may be given a chance to witness such programmes which they would never know in coming days. This make me remember my visit to one of the domestic Zoos in Europe , Germany. When I was told that one of our outings would include a visit to domestic  zoo . We are used to visit Zoos but I had never heard of domestic Zoo. My curiosity increased when we were nearing the entrance of the Zoo. We were charged 25 Euros as entrance fee, ie roughly 1500 INR , as you know all such visits are chargeable . To my astonishment and surprise I saw caged hens,rats, even lamps etc. and Cows and cattle behind fence that were left freely to grace. Thus one way it is showcasing of domestic animals which are now rarely seen in present day households and more importantly present children are not even aware that once their grand and great grand parents were having cows and cattle at their homes.

Coming to the Pongal celebrations of S&P Apartments in Medavakkam, this happens to be one of their important celebrations which they wait for every year eagerly to look for new items or variety. The organisers probably understanding the mood and expectations of their  community did not disappoint them. The festive mood was evident from 10^th of January itself with decorations and bit flags tied all over the buildings. Colour lights started to blink every night in tune with the enthu. In the previous night residents competed with each other in depicting designs revealing themes and messages all around with their favourite rangolies or traditionally called as “KOLAM” in tune with the traditions of Tamil Nadu. The Kolam drawings  went upto 1 am next day and we could  imagine the enthusiasam of the residents.  

Next day the PONGAL day broke out  and despite the fog and chillness in the morning hours all assembled at the front where the seat of Lord Ganesa, the deity with elephant head,  was located who is believed to be the God for removal of all obstacles. In front of the God , two bricks were placed on the ground  , to keep an earthern pot.  In between the bricks fire was lit representing the traditional “Virag aduppu”. All residents , a big crowd, joined together , ladies , children , young and old stood around to see the Pongal boiling  to the brim, with full enthusiasm and shouted unitedly in one voice “Pongalo Pongal, Pongalo Pongal”, the voice reverberated in the air signalling the much awaited Pongal celebrations with a difference as it was an integrated community Pongal . The residents were from different cultural back ground, different states carrying traditions of other states, community and different cast. Hence it is called as an integrated community Pongal.   

The Community premises resembled a village atmosphere with bullock cart, big wheel rots, rat jyothsyam, Punju mittai .Urban children got an opportunity to get a flavaour of village atmosphere. Then followed various games from goli vilayattu to running race etc,etc. Then came the much awaited Tamil Cultural Programme presented by Sukra Dance academy.

The curtain rose at 6 pm with a bang of traditional bands and drums and the dancers  going around turning the residents frenzy . Mr. Sundarmurthy appeared in the special stage prepared for the programme and announced the first performance.

It was a street play or Theruvu kooth. It was based on Mahbharatha  which was depicted in a very simple and lucid way. On the stage two actors dressed like warriors representing pandavas and kauravas or Yudhishtira and Duryodhan. Then came the trickster Sakuni who cheated them in the dice followed by Draupathy disrob.This was presented a vivid way as a tamil folk dance which coulldbe easily under stood. The transpiring of communication was so strong that whole important episode in Mahabhratha was presented in a seven minute play.   The play ended up with Draupathy’s woe to kill Dusshasana and take revenge.

Pongal pictures are available at the link:

https://photos.app.goo.gl/6060EQuWN6TIxw473

Next item presented was babboo dance where the dancers presented their skill .It was followed by a new number Jallikattu dance. Jallikattu witnessed a political challenge with protests and rallies all over Tamil Nadu. Probably  make it convincing the commentator gave an explanation for Jallikattu. PoikalKuthirai, karagattam etc,etc. were  a feast for eyes . The whole show ended with a mass dance  participated by most of the residents who danced in tune with the drums and bands along with folk songs. It was a frenzied atmosphere . As the curtain fell the residents retreated with the sweet memories of the performance of Sukra artists thinking of the next Pongal.

Adv. J Venkitachalam

7305542434

MEDIATION A COURSE

MEDIATION : NEW APPROACH FOR DISPUTE RESOLUTION

Taking a cue from the fact that Arbitration has proved to be  not that much successful  Alternative Dispute Resolution method , Mediation seems to be a best  alternative.

For any disputes or conflicts that may occur in  industries and  Trade, Mediation will be an effective tool to defuse the conflict and help to end up in an amicable settlement. Usually there will be an Arbitration clause in almost all commercial agreements, but inclusion of Mediation clause would also help to resolve the conflict within a minimum time period without much financial implications and all the more keep the business relationship intact.  The popularity and confidence in Mediation and acknowledging Mediation as an effective medium for resolving disputes is slowly gaining  ground. The relevance of Mediation can very well be seen from the fact that the CPC has been amended with the insertion of Sec 89 viz. settlement of disputes outside the Court.

Mediation and its systematic approach has not gained much popularity in our country compared to other Countries. In certain countries Mediation has been identified as the first course of ADR before taking it to litigation.

As I said earlier, ADRs or Alternative Dispute Resolutions are various  modes of resolving disputes that become handy in the case of commercial disputes. Most common ADRs are Arbitration, Conciliation and Negotiation. All the three modes are mostly directed settlements,  either it will be forced on one party or the settlement is influenced by various extraneous factors.  Internationally Mediation has been acknowledged as a best and fastest mode in resolving Commercial disputes, Family disputes ,family matters , construction field etc.

The Indian Institute of Arbitration and Mediation (IIAM) , Cochin , is one of the pioneer institutions in India dealing with ADR, and is in the field of DPR or dispute prevention management. It is formed for the purpose of promoting Mediation and the Institution is affiliated to the International Mediation Institute (IMI) at the Hague. It assists the Indian Corporates in reolving  trade disputes through Mediation. It has accredited and trained Mediators in its roles.

Venkitachalam J

35B S &P Lake view                                               

Vadakkupattu Road

Medavakkam , Chennai 600100

Mob: 7305542434

MEDIATION : NEW APPROACH FOR DISPUTE RESOLUTION

MEDIATION : NEW APPROACH FOR DISPUTE RESOLUTION

Taking a cue from the fact that Arbitration has proved to be  not that much successful  Alternative Dispute Resolution method , Mediation seems to be a best  alternative.

For any disputes or conflicts that may occur in  industries and  Trade, Mediation will be an effective tool to defuse the conflict and help to end up in an amicable settlement. Usually there will be an Arbitration clause in almost all commercial agreements, but inclusion of Mediation clause would also help to resolve the conflict within a minimum time period without much financial implications and all the more keep the business relationship intact.  The popularity and confidence in Mediation and acknowledging Mediation as an effective medium for resolving disputes is slowly gaining  ground. The relevance of Mediation can very well be seen from the fact that the CPC has been amended with the insertion of Sec 89 viz. settlement of disputes outside the Court.

Mediation and its systematic approach has not gained much popularity in our country compared to other Countries. In certain countries Mediation has been identified as the first course of ADR before taking it to litigation.

As I said earlier, ADRs or Alternative Dispute Resolutions are various  modes of resolving disputes that become handy in the case of commercial disputes. Most common ADRs are Arbitration, Conciliation and Negotiation. All the three modes are mostly directed settlements,  either it will be forced on one party or the settlement is influenced by various extraneous factors.  Internationally Mediation has been acknowledged as a best and fastest mode in resolving Commercial disputes, Family disputes ,family matters , construction field etc.

The Indian Institute of Arbitration and Mediation (IIAM) , Cochin , is one of the pioneer institutions in India dealing with ADR, and is in the field of DPR or dispute prevention management. It is formed for the purpose of promoting Mediation and the Institution is affiliated to the International Mediation Institute (IMI) at the Hague. It assists the Indian Corporates in reolving  trade disputes through Mediation. It has accredited and trained Mediators in its roles.

Venkitachalam J

35B S &P Lake view                                               

Vadakkupattu Road

Medavakkam , Chennai 600100

Mob: 7305542434