Daughters' Maintenance

(By S.A. Karim, Advocate, Thiruvananthapuram)

In peaceful and happy circumstance personal laws of either Hindu, Muslim or Christian do not speak about the maintenance of wife, children and parents. In troubled and broken families the question of maintenance arise. There comes the application of respective personal law. S.26 of the Hindu Marriage Act, 1955 deals with custody, maintenance and education of minor children. Likewise, S.20(2) of the Hindu Adoption and Maintenance Act, 1956 speaks about maintenance of illegitimate and legitimate minor children. Maintenance provision is absent in Christian Laws. As per S.3 of the Indian Majority Act, 1875, a minor attains majority on the eighteenth birthday. So the obligation of maintenance to one's children terminates on the eighteenth birth day.

Shariat is the personal law of Muslims. Mulla's Principles of Mohammedan Law is one of the authorities on the subject. In it's eighteenth edition, S.370 relates to maintenance of children and grand children.

S. 370 reads –

(1) A father is bound to maintain his sons until they have attained the age of puberty. He is also bound to maintain his daughters until they are married. But he is not bound to maintain his adult sons unless they are disabled by infirmity or disease. The fact that the children are in the custody of their mother during their infancy (S.352) does not relieve the father from the obligation of maintaining them. But the father is not bound to maintain a child who is capable of being maintained out of his or her own property.

(2) If the father is poor and incapable of earning by his own labour, the mother, if she is in easy circumstance, is bound to maintain her children as the father would be.

(3) If the father is poor and infirm and the mother is also poor, the obligation to maintain the children lies on the grandfather, provided he is in easy circumstance.

Hindu personal laws terminate the obligation of maintenance of the children on attaining majority. Shariat continues the obligation of maintenance of daughters till marriage. S.125 of the Criminal Procedure Code, 1973, hereinafter refers the Code, says about the order for maintenance of wives, children and parents. It is more or less similar to that of S.20 of the Hindu Adoption and Maintenance Act. While personal laws come under Civil Courts, S.125 of the Code, comes to the Criminal Courts. This is the notable difference.

The relevant portion of S. 125 reads –

(1)If any person having sufficient means neglects or refuses to maintain -

(b) his legitimate or illegitimate minor child, whether married or not unable to maintain itself, the Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife, or such child, father or mother at such monthly rate as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time directs.

Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.

S.125 of the Code intends to prevent vagrancy and to provide basic necessities to the wife, children, and parents. It equally desires to protect the morality of the society. In our country society imposes very many restrictions on teen aged girls. It controls their free mixing and earn their livelihood, like boys of the same age. In such a situation, maintenance on teen aged girls is stopped on attaining majority. It is nothing but cruelty of law. So the maintenance provision of the Code needs some provision to get maintenance to daughters either she is married or capable of maintaining herself.

Chief Justice M.S. Menon - As I knew him

(By V. Bhaskaran Nambiar, Former Judge, High Court of Kerala, Former Advocate General, Kerala)

Early in the month of December, 1959, when Justice Ansari came, on transfer from Andhra Pradesh to take charge, initially as a Puisne Judge and soon to be called upon to preside over the destinies of the High Court of Kerala, it did cause a few flutters around, as it was likely to affect the then senior most Kerala Judge Sri. M.S. Menon. Chief Justice Ansari carried with him a rich heritage of culture and elegance and erelong, his appointment as Chief Justice gave way to acceptance and recognition in no uncertain manner. The eloquent tribute made by Justice M.S. Menon (as His Lordship then was) on the retirement of Chief Justice Ansari on the 29th September 1961, is worth repetition. He said:-

"I disliked - initially - your coming. I dislike - intensely - your going. And between those two attitudes, one of reluctant acceptance and the other may I say, my Lord, of abiding affection, lies the grand measure of your great success.

It has been said of Rufus Isacs, whom we later knew as Lord Reading, that he never challenged; that he just charmed his way through life and opposition. I never realised the beauty of that process until I saw you in action."

M.S. Menon was a great Judge, a constitutional expert, a voracious reader and a brilliant conversationalist with an extraordinary command of language. His judgments were concise and crisp and each judgment would contain at least one punch line. His classic statement of the role of headmaster in one of his illuminating judgments reads thus:-

“The post of the head master is of pivotal importance in the life of a school. Around him wheels the tone and temper of the institution; on him depends the continuity of its traditions, the maintenance of discipline and the efficiency of its teaching. The right to choose the headmaster is perhaps the most important facet of the right to administer a school”. This passage is quoted in several decisions of several courts including those of the Supreme Court.

Regarding Co-operative Societies, he held thus:- "Co-operative Societies are creatures of Statute, controlled by their constitution and concerned with their contracts."

He was a genius as "Genius finds its own road and carries its own lamp". Great geniuses have the shortest biographies" In M.S. Menon's case he gave the shortest judgments.

I knew him personally since my visits to "Aranyka", his abode in the hills of Munnar where he rested, after he retired from the Bench. Every visit was memorable. It was scintillating conversation. "A single conversation across the table with a wise man is worth a month's study of books". "Good talk is like good scenery - continuous, yet constantly varying and full of the charm of novelty and suspense". All of us, who met him, cherished the time, however short, we spent with him. He was up-to-date with the latest information about all his friends, even though he was far away from Cochin. He heard that one of our friends was being tipped for the Lt. Governorship of Andaman islands. Quipped Mr. Menon, 'He should have gone there long ago (Formerly, prisoners sentenced to life imprisonment were deported to Andaman islands under British Rule).

In the same strain he was referring to a contempt petition filed against a prominent personality. He said 'Insanity' was his excellent defence.

He stated 'never in the history of mankind did one man grow four years older in one year's time (referring to the correction of the date of birth of a Judge and the bio-data of the Judge in two consequent annual issues of the All India calendar.)

I saw Justice M.S. Menon for the first time in Court in 1958 when I shifted my practice to the High Court and joined the office of Shri. V.P.G. Nambiar who himself became the Chief Justice of the High Court later. It was a treat to watch Justice Menon on the Bench especially when you are not the counsel appearing in any case.

Let me narrate a small incident. A company lawyer was arguing a question of limitation. I was sitting in one of the backbenches carefully following the arguments. I knew there was a decision on the identical question - but not under the company law - which was not being placed bfore the Court. Fortunately, the particular law journal was on the table in front. I took the journal, flagged the page, slowly paced my steps to the front row and handed it to the counsel. Justice Menon was watching. The counsel opened the book and read the wrong head-note. Justice Menon thundered. "Some lawyer, sitting in the corner of this court, not knowing anything about the case, thrusts some book into your hands and you read it. Is this the way you argue before a Division Bench? The lawyer immediately closed the book and cast it aside. It was for me, some small insult; but I was young and was not disheartened; I again went up, took back the journal and showed the lawyer the correct head-note. The lawyer started reading this head note, which was exactly on point. Justice Menon yelled. "Some lawyer, sitting in the corner of this court, follows your argument, gets the correct decision and brings the book to you. Even then, you do not know where to read. Is this the way you argue before a Division Bench? He gave me a nod of approval.

We exchanged some letters. Certain memorable passages ran thus:-

"The isolation of the old is a very real thing and one has to be 77 to really appreciate such kindness and consideration".

"The solace of my sunset years, however, will not be the recollection of the days gone by, but the prospect of reading the daily column that the Manorama now devotes to the High Court of Kerala. That column as you know is far more popular than the adventurers of Kunju Kurup or the recipes of Mrs. Mathew. I admired, however, the quotation from Long fellow:-

"Lies of great men all remind us

We can make our lies sublime,

And, departing, leave behind us

Footprints on the sands of time"

I wrote on 19.8.95 thus:-

"Pollock, the great Champion of Common Law rights never referred to any common law right of a writ in the nature of quo warranto. I realise where greatness stands, when learning counts. I understood that quest for knowledge seems to be a question mark of life. Once a dwarf always a dwarf. A giant is a giant still."

He replied:-

"You write extremely well. And I am sure you developed your reading habit many, many years ago. The trouble with many of our friends is that they start reading only after the footlights are on and the curtain has gone up."

"According to the Chief Justice as reported in the Manorama, Hindus pray before they take their bath and the water closet in the bathroom is a hindrance to contemplation. Apparently the CJ is not aware of the fact that Martin Luther evolved all the canons of the reformation while sitting on his commode and that it has been said that the Reformation is really due to one man's constipation."

"I would like to die as TCN did, without pain or dependence; and proclaiming to all concerned that the difference between life and death is only a gasp of breath."

"The picture of the High Court in this year's card looks not dazzling but dizzy. The figure in a black coat with its steady gait, however, provides a welcome relief. I suppose it represents the Chief Justice. If the reports I get are correct, he seems to be doing better than all his predecessors including the one I have known for the past 79 years and over."

The CJ's card is very attractive. I wanted to go in for a similar card when I was in service. Justice Joseph prevented me from implementing my desire on the ground that the Kathakali artiste in the full glory of his professional regalia might be misunderstood as a comic representation of one of my brothers on the Bench.

Sophocles said, "Nobody loves life like an old man". I am certain that he was wrong.

In retrospect my only achievement seems to be an achievement in longevity.

Maurice Chevalier, the French Comedian, was asked when he was very old, 'How do you feel ? His answer was - and mine will be - not bad, considering the alternative.

11.11.1989

My dear Justice Bhaskaran Nambiar

Just a line to offer you my congratulations on the successful completion of a grand term of office as a Judge of the High Court of Kerala. There-is nothing more desirable in life than the approval of the men whose approval you approve. And that you have in an abundant measure now and forever.

From Raj to Rajiv and then to a Raja is the story of our times. Rajiv who used to walk with a battalion in front of him now tramps with just an Italian behind him. And Pratap, who now parades on a tiger signing for a song for Singh, will soon provide a meal for his mount. What does it matter? India that is Bharat, a playmate of Assyria and Babylon will go marching on, and on...

14.3.1990

Another Budget is now round the comer. You may declaim with gusto the following rhyme on revenue by an American politician as you listen to the speech of the Finance Minister on the 19th of this month.

"Taxed on the coffin, taxed on the crib,

On the old man's shroud, the young babe's bib,

To fatten the bigot and pamper the knave,

We are taxed from the cradle plumb into the grave"

6.3.1991

I shall be 84 years of age in June next. And an advanced age like that as you know is a terminal illness for which a man knows no cure.

25.6.1991

At 86 plus, don't come to see the empty cage after the bird has flown/don't hasten to the silent beach after the boat has gone.

My days at the Bar and on the Bench now look to me like the days in another man's life. A few friends like you still remain and this is a great consolation. There is a new beatitude for them: "Blessed are they who make it known/that I am loved, respected and not alone. And blessed are they who ease the days of my journey home, in loving ways".                                                                                                            17.12.1993

Robert Frost was right when he said that Infancy and old age are twins in Time.

M.S. Menon passed away on the 27th of November. He has caught the 'boat' and left the shores. A judicial stalwart and a respected soul is no more with us. Munnar, the beautiful hill station in Kerala, has lost its literary attraction.

Justice V.R. Krishna Iyer

A Law- Human Rights Sage and a Complete Man*

(By T.P. Kelu Nambiar, Senior Advocate)

I feel lofty and flushed with pride to have had the distinction of being one of the felicitators at this festive function. My head bows and body bends before the wizard of law and discerning, strident social activist.

Sri. Krishna Iyer belongs to the whole of India and all communities and parties. He is a man who has discovered the ‘theory of everything’. He has an enviable reputation for forthright criticism and statements. His statements are a big draw for the common man. Sri. V.R. Krishna Iyer is the best ‘insurance’ of every Indian, for he knows India better than any other. In this extraordinary age (of nuke warfare, aircraft-borne suicide squads and biological weaponry), there is no doubt that we need a ‘counter’ like Sri. V.R. Krishna Iyer. He is the prophet of the space age. While a Judge, he was the most popular and outstanding among his peers. He was a Judge with brilliant beginning. That the Bar matters, he, as a Judge, did not forget. He never considered the Bar as a bystander of the judiciary or the sad sack of the judicature. He never considered advocates as less than fully human. This said, I cannot but point out that as a Judge, he never exhibited arrogant, unilateriam, and did not function in a commanding mode. He never functioned as a 'justice police'. On appointment as Judge, he never thought primarily of, only, status, powers and superiority, but of duties and functions. He was a Judge who had great resource and invention. He never crossed the Line of Control demarcated for Judges in their behavior on the Bench and off the Bench. He advocated a detailed rule-book governing the conduct of Judges. He has declared that the court is no casino.

In his legal practice, he was a spin doctor among lawyers; and Sri. V.R. Krishna Iyer and success seemed to be made for each other. He was referred to as the Terrific VRK. He was the flag-ship of the legal profession. For him, legal profession was an adventure. He cannot be proud of his own calendar and culture. He is a profound portrait of a full man.

Communication has always been one of Sri. Krishna Iyer's best known strengths. He has been the fixture of the media in Cochin for the last so many years. His reactions successfully make head-lines and crowd the air-waves, when he used to be guizzed on varying topics. He spared no punches in hitting out at the erring leaders.

It is said that Sri. Krishna Iyer did not wake up in the same place where he had gone to sleep. Such was the frequency of his travels around the country and the world.

The Foreword on the jacket of his latest book "Off the Bench" says:

"Mr. Krishna Iyer is, to borrow a Supreme Court idiom, one of those "rarest of rare" individuals who combines activism with restraint, politics with dignity, scholarship with humanism and service with humility". This verily is the portrait of Sri. Krishna Iyer. Sri. Krishna Iyer has upheld uncompromising principles and virtues, with sincerity, determination, sobriety and calmness. Sri. Krishna Iyer speaks and writes from the depths of his personal experience. In his ‘Prefatory Thoughts’ to his book "Off the Bench", Sri. Krishna Iyer himself has explained the common thread for his writings, in a couplet:

"Can I see another's woe

And not be in sorrow too",

It always feels good to wipe a tear. Sri. Krishna Iyer verily is a law-human rights sage. In him, we see a comprehensive commitment to social justice. Sri. Krishna Iyer has spoken and written about the public and the private; the individual and the collective; the orthodox and the liberal; the prince and the plebian; the status quo and the prochange.

Sri Krishna Iyer is a pathfinder of an intractable style of writing. When he writes, words sway into labyrinthine maze, with heavy and pleasing alliteration and swaying rhythms, with elaborate words, words of learned length, hard brilliance and thundering sound, keeping perfect correspondence between meaning and its expression in language. When he orates, orotund words come cascading forth; and the three channels of language - prose, poetry and drama - conflate.

Sri. Krishna Iyer is the World Bank of knowledge, who holds his till of learning in trust for the public. He did not lose wisdom in knowledge. Let me say loud and clear, Sri. V.R, Krishna Iyer is a complete man.

Let us salute the achievements of this colossus. I stop, for it is not possible to conclude the achievements of Sri. Krishna Iyer. I should not make an elusive search for another V.R. Krishna Iyer - like. The search ends with Sri. V.R. Krishna Iyer.

The expression 'thank you', is too little payment for so great a debt I owe to the providers of this greatest and finest opportunity of my life.

Thank you all.

________________________________________________________________________

*Felicitation Address delivered by T.P. Kelu Nambiar, Senior Advocate, at E.M.S. Memorial Town Hall, Ernakulam on Friday, the 16th November, 2001 at the Civic Reception to Justice V.R. Krishna Iyer.

Bar, Bench and the Gap

(By T.P. Kelu Nambiar, B.A., M.L., Senior Advocate)

It is now about forty-eight years I have dropped anchor in the legal profession. And I would like to grow old with a few more laugh lines. While I look back with no regrets, I perceive ahead the precipitous downslide in the functioning of the legal profession. There is an urgency to arrest the trend that has persisted inexorably. This view of mine packs a punch. The monumental failure of the legal profession is no longer a matter of learned conjectures. The present condition of the profession reads like a long laundry list of lapses. We hear the dirge of the legal profession. We have to save it from distress death. It has become the den of frothing pretenders. Today everybody hauls the legal profession over the coals. The profession has lost its grit, guts and glory; and seems to have forgotten the subject-object duality. The legal profession is as porous as the legal system itself. A grey label marks the profession's complexion. The profession seems to be holed up in Tora Bora. This is actually disappointing. That the profession is still surviving, is sheer happenstance.

We have a litany of jobs to be done, to rescue the legal profession. It is time for sober reflection and careful action to save the battered and bruised profession.

The attitude of the present day lawyer is potentially interesting. He seems to say. I don't get a lot of respect, but I make a lot of money. Lawyers seem to be innocent of advocacy. The profession has lost its lodestone. There is a massive conspiracy to harm the profession. There seems to be a paddock parade in the legal profession, forgetting the great principle that advocacy has no element of road show; and advocacy should never be showcased. Publicity is not the oxygen for the legal profession; nor is the lawyer's bank account its heartbeat. If this be the state of affairs, the fate of the profession appears at best dismal and at worst doomed. By every reckoning, this conclusion/impression about the sad state of the profession is not entirely overdrawn.

The legal profession is the most faithful offspring of the western system of justice delivery. We have yet to see an Indian 'Justinian' among our statesmen/politicians.

Let me turn to the lawyer rookies. My advice to them is to catch the excitement of the profession and feel the pleasure of competitive advantage. Remember, the duty pertaining to the delivery of your professional responsibilities is sacrosanct. Do your duty with efficiency and integrity. The legal profession is a profession demanding tremendous discipline. Young lawyers, do not worry, it's early days yet; you have enough time. Your conduct should not be inimical to the culture demanded of a responsible person. In all, however, you should tread carefully. Argue with confidence; leave your doubts behind before you start arguing. Pull out all stops to ensure that you land lucky. Then, certainly, your fame will precede you.

We have to chart a course to sound advocacy. I wish to outline the priorities in the professional front in the run-up to sound advocacy. Rivals thrown together: that is the legal profession. Winning a case is the high point in advocacy. To a lawyer, a brief is not a recipe for despair. It is a lawyer's fundamental right to argue a case forcefully, to unleash powerhouse arguments. The Judge should never bear an attitude of imperious arrogance or demonstrative fury at forceful advocacy, for a lawyer trades arguments with the opposite lawyer, not with the court. Like the Judge who administers law with assertion, the lawyer is to argue with assertion, not submission. Judges should never hate the lawyers' guts. The Judge's eloquent silence and the lawyer's lucid arguments should result in a just judgment. It is necessary to maintain a high degree of mutually beneficial comfort level between the Bench and the Bar. A Judge should never adopt a command mode of functioning. Judges should not take adversarial roles when hearing counsel. The Bench should never attempt Bar annihilation. They should take care to set the mood of unity. Judges should behave the way they are supposed to, without throwing barbs at the Bar, and sans offensive manifestation of superiority. There is need to arrest the harsh tone of judicial discourse from the Bench. There is absolute necessity to contain Bench-speak. It should be remembered that there is a whole host of ineluctable obligations which are incumbent upon every lawyer because of the profession's nobility. The Judges, with their language of power, should be able to appreciate the lawyers' power of language, that is forceful advocacy. (This said, I would state that the legal profession is English language - centric. Therefore the necessity to study English language, both for the Judges and the lawyers.) Seen in the totality of this context, the invisible Berlin Wall between the Bench and the Bar should be brought down. There is need to arrest the downturn in Bench-Bar relationship.

I had almost concluded the article/write-up, when 'The Hindu' carried the headline: "Dismiss corrupt Judges: Barucha." "The Chief Justice of India, Mr. S.P. Barucha, has said that a good majority of the Judges in the country is honest, but there is a minority which is corrupt and should be identified and dismissed from service", reported India's National Newspaper, 'The Hindu,' on Monday, December 24, 2001. This is a significant brush stroke in the judiciary's canvas, which paints a dismal picture of irregularities and lapses, and shows the judiciary beaming only in bits and pieces. In this context, I am reminded of what Pascal said: Man is neither angel nor beast, and the unfortunate thing is that he who would play the angel, plays the beast. I am reminded of R.K. Laxman's ‘Common Man’, who never speaks, but looks on, seeing possibly the judiciary with all its twists and turns speed past and wondering as to why there are no unforgettable performances by Judges now-a-days, but only forgettable judgments. If lesser mortals had ventured the view expressed by the Chief Justice of India, they would have been caught in the web of the law of contempt. That is why I have been holding the view that the law of contempt of courts is an anachronism and an abomination, when considered in the light of the expanding principles relating to freedom of speech and expression, and expanding horizon of human rights. Contempt law is a bequest by the Star Chamber.

As there are no rules for dreaming, let us hope that the legal profession can be saved with care and prudence from both sides, the Bar and the Bench.

‘Effectual’ Ombudsman

(By T.P. Kelu Nambiar)

Though considered to be an independent public officer, the power of the Ombudsman to solve problems seems to be nebulous. But, problems can be solved by him in certain areas with persuassion, criticism and publicity, though he is, of course, not empowered to reverse administrative actions. However, the Ombudsman's recommendations carry considerable weight and in some instances may even lead to changes in Municipal Laws. (We are here concerned with the Ombudsman for the Local Authorities).

The Ombudsman is invested with ample powers to initiate investigations of his own. True the ombudsman cannot enter the area occupied by administrative law and criminal law and causes remaining sub judice.

On a survey of the relevant provisions relating to the institution and functions of the Ombudsman in the Kerala Panchayat Raj Act, the one conspicuous provision is that relating to the dereliction of duties, enjoined by law, by the Local Authorities or the public servants functioning under the Local Authorities. Undue delay and intentional neglect in the matter of doing statutory duties certainly call for instant action by the Ombudsman. The main area covered in this respect is ‘sanitation’.

Adverting to the provisions of the Kerala Municipality Act, 1994, I first see S.320, which makes provision for public latrines. Under that Section, "a Municipality shall provide and maintain in proper and convenient places a sufficient number of public latrines and shall cause the same to be daily cleaned and kept in proper order."

Show me the Municipality which has complied with this mandatory provision.

The next provision which beckons me is S.326. I quote that Section:

"326. Municipality to arrange for the removal of rubbish, solid wastes and filth:-

(1) Every Municipality shall make adequate arrangements for -

(a) the regular sweeping and cleaning of the streets and removal of sweepings therefrom;

(b) the daily removal of the filth and the carcasses of animals from private premises;

(c) the removal of solid wastes, and

(d) the daily removal of rubbish from dust-bins and private premises, and with this object, it shall provide;

(i) depots, receptacles and places for the deposit of filth, rubbish and the carcasses of animals;

(ii) covered vehicles or vessels for the removal of filth;

(iii) vehicles or other suitable means for the removal of the carcasses of large animals and rubbish; and

(iv) dust-bins, receptacles and places for the temporary deposit of domestic waste, dust, ashes, refuse, rubbish, offensive matter, trade refuse, institutional refuse, carcasses of dead animals.

(2) The Secretary shall make adequate provision for preventing the depots, place, receptacles, dust-bins, vehicles and vessels referred to in sub-s.(1) from becoming sources of nuisance."

I should think that no Local Authority is anywhere near carrying out the duties under this Section.

Under S.330, all the rubbish and solid waste collected by the employees or contractors of the Municipality and the carcasses of dead animals deposited in any public receptacles, depot or place shall be the property of the Municipality. And, under S.331, provision shall be made for final disposal of solid wastes. That section may be quoted:

"331. Provision for final disposal of solid wastes:-

(1) Every Municipality shall identify and notify lands within or without the Municipal area for the purpose of final disposal of waste.

(2) While notifying the land under sub-s.(1), health and environmental aspects shall be taken into consideration by the Municipality.

(3) Every Municipality may make adequate arrangements for the utilisation of solid wastes for the preparation of compost and the disposal of it by sale.

(4) Where composting of waste is not found possible or practicable, sanitary landfill methods shall be adopted by the Municipality for the disposal of waste at the landfill sites in the manner as may be specified by the Council.

(5) Incineration of waste may be resorted to by the Municipality for the disposal of infectious waste generated from the hospitals, nursing homes or health care centres and non-industrial hazardous waste as specified by the Council from time to time."

(Similar provisions are there in the Panchayat Raj Act also)

The above are some of the mandatory duties of the Local Authorities.

I should think that no Local Authority in the State carries out even an aliquot part of these duties.

The Act gives ample power to the Ombudsman to enforce these provisions. And, it is in this region, the Ombudsman has to cast careful glance and take effective action. Other areas would be taken care of by the statutory remedies provided for the aggrieved parties.

I should think that the Ombudsman has a duty to look around by himself to find out dereliction of duties by the Local Authorities. As I have already said, the Ombudsman may initiate investigations of his own. Suo motu action can be initiated in respect of what the Ombudsman sees around him just as any other person sees the result of intentional inaction. The Ombudsman is not an authority sitting in ivory towers. He is a public officer expected to look around with watchful eyes and tread the earth. If this principle is realised, some result could be achieved by the institution of the Ombudsman. Let it be virtuous to be obstinate in this area.

The Metropolis of Kochi calls for urgent refilled attention of the Ombudsman. We have a stagnant Corporation (as stagnant as its drains and solid wastes and dust-bins), dull and inactive, oblivious of its statutory duties. It would be an eminently good gesture if the Ombudsman fixates his eyes on the City. In the area of sanitation, Kochi is in the news for wrong reasons. It is acclaimed that the person who holds the office of Ombudsman is a man of action and enlightenment. It is trite that good horses make good jockeys.