Rejoinder to my comment entitled "Regulating Research" (January 14) apropos Ramesh Gupta's Article "Improving the quality of PhD research" (Jan 4)

THE TRIBUNE, JANUARY 19, 2011, P. 10
Quality of research is more vital
Ramesh Gupta’s article “Improving the quality of PhD research” (Jan 4) and comments by Rajender Goyal (Jan 14), highlighted the need for streamlining and regulating research process and subsequent effective evaluation procedures by the universities and institutions conducting various research pursuit. However, I would like to add that the writer seems to be obsessed with the need to develop such a system which would restrict the registration of the topic on which work has already been done. If authorities or people at the helm of academic affairs of various institutions handling research activities become rigid about not allowing any topic to be re-registered, this would no doubt fail the basic aim and spirit of the ‘re-search’. Various academic pursuits have clearly shown that social and economic results tend to vary with time and changing circumstances. New research with new and better means evolves new visions, new outlooks on which fresh destinations can be targeted. Research based on fresh topics, if done only to gain or earn degree tags, to cross hurdles of point system to reach higher pay bands would surely not serve the basic objective of the research programme.
Contrary to the viewpoint expressed by the writer and supported by Mr Goyal, I am of the view that fresh research pursuits should be equally encouraged on topics on which work has already been done. The work already done with constraints and limitations of limited availability of means and limited access to information and data in comparison to the improved information technology scenario of today undoubtedly asks for fresh effort. Hence research conducted even on old topics can give better and more effective results in the changing social and economic scenario. Let the old topics be reopened and researched. Remarkable and astonishing results are bound to flow.
Research committees approving research topics should give due weightage to the effectiveness and relevance of the topic to the present-day and prospective problems confronting the nation. PhD registrations by the universities to earn better accreditation grades, writing PhD theses by the researchers just to scale the pay grade ladder, evaluating PhD theses by the ‘academic dons,’ just to unload the obligation would not serve the basic purpose of academic research.
PhD theses which do not confine themselves to the library shelves, which are helpful in evolving new line of thinking, developing new visions, exploring new paths and destinations should be encouraged, initiated and suitably rewarded.
SANJEEV TRIKHA, Associate Professor, M.M.(PG) College, Fatehabad

UGC Regulation- 2009 can go a long way in improving the quality of Ph.D. Research

The Tribune, New Delhi, January 14, 2011, P. 10
Regulating Research
Ramesh Gupta’s article “Improving the quality of PhD research” (Jan 4) was timely. The writer has rightly batted for the establishment of “Central Registration Agency” which can provide data before registration of a particular topic and show whether same topic or in a modified form is being pursued at some other university or not.
However, the UGC (Minimum Standards and Procedure for Award of M.Phil/Ph.D Degree) Regulation, 2009 provides for a “Depository with UGC” where following the successful completion of the evaluation process and announcements of the award of M.Phil/Ph.D. the university has to submit a soft copy of the M.Phil /Ph.D thesis to the UGC within a period of 30 days. The judicious use of this provision can eliminate the chances of the same or modified topic registered at two or more universities at the same time.
Further, not only the examiners but also the supervisors of the Ph.D. thesis should be related to their field of specialisation. The said regulation of 2009 mandates that the allocation of the supervisor for a selected student shall be decided by the department in a formal manner depending on the number of students per faculty member, the available specialisation among the faculty supervisors, and the research interest of the student. The allotment/allocation of supervisor shall not be left to the individual student or teacher.
Moreover, to emphasise that while sending PhD thesis/M.Phil dissertation for evaluation to external examiners, the identity of both supervisors as well as candidates should be kept a closely guarded secret.
RAJENDER GOYAL, Bahadurgarh

OVERBEARING BAR BROWBEATING THE JUDICIARY

A special CBI judge, hearing a bribery case against a member of Bar Council of India, was allegedly held hostage inside his court in Patiala House, New Delhi on December 23 by a group of unruly lawyers for over an hour. Official sources said judge OP Saini was also verbally abused by some 40-50 lawyers, who had gathered in the Patiala House courts in support of the accused who was allegedly caught while taking bribe for granting affiliation to a law college in Ghaziabad. Honesty and integrity of both lawyers and judges are indispensable for the wholesomeness of the justice delivery system. The legal practice has traditionally been looked as a “noble profession” and judges considered the personification of justice and addressed as “Your Honour” or “My Lords”.
However, over the years, undesirable elements among the lawyers have come to be as an intolerable menace for administration of justice. The unruly conduct of the lawyers (i.e. officers of the court) brings the authority of the court and the administration of justice into disrespect and hence, undermines the very foundation of the judiciary by shaking the confidence of the people in the ability of the court to deliver free and fair justice.
The lawyer’s bodies have a definite role to play in dispensing unadulterated justice without fear or favour and hence, they should go all out after the unscrupulous, rowdy and overbearing mavericks who are blot on the noble profession and try to pollute the stream of justice through their coercive tactics for their own vested interests and thereby, brings whole lawyers fraternity to disrepute and public censure. The lawyer community owes an abiding duty in bringing home the immortal words of Chief Justice Coke that “Be you ever so high, the law is above you”. However, what is sauce for goose is the sauce for gander. The judges should also come out of ivory towers and be considerate enough to the real world problems of the lawyers and litigants. The increasing cases of judicial apathy and corruption are a colossal menace for the justice delivery system.

VICTIM COMPENSATION SCHEME

The rights of the victims of the crimes in the extant criminal justice system specifically regarding the monetary compensation and rehabilitation of them are quite crucial from the perspective of human rights. The basic Code of criminal procedure i.e. CrPC, 1973 has ample provisions to provide succour to the victims. Section 357 of the said Code empowers the Courts to pass orders to pay monetary compensations to the victims. Unfortunately, owing to want of judicial wisdom and sensitivity, this provision is sparingly made use of. Moreover, the Code of Criminal Procedure (Amendment) Act, 2008 enforced w.e.f. 31-12-2009 has inserted a new section 357A envisioning a “Victim compensation scheme”. It mandates that:
(1) Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.
(2) Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1).
(3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 357 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation.
(4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation.
(5) On receipt of such recommendations or on the application under sub-section (4), the State or the District Legal Services Authority shall, after due enquiry-award adequate compensation by completing the enquiry within two months.
(6) The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer in charge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.
Hence, the need of the hour is to frame a scheme as envisaged in the aforesaid section 357A forthwith and to implement it in letter and spirit.