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January 2013

From the President

By Deepak R. Shah, President
Reading Time 5 mins
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Dear Members,
Human rights are today a buzzword.
The basic rights to which all humans are entitled, include the right to life, liberty, freedom of thought and expression, and equality before the law. These rights exist in theory at the national and international levels. The rights of its citizens are to be protected by governments. This requires compliance with laws by the people and the enforcement thereof by the authorities.

It is interesting to note that in the ancient world, the concept of universal human rights was not prevalent. Ancient societies had “elaborate systems of duties, concepts of justice, political legitimacy, that sought to treat human dignity, as being entirely independent of human rights”.

But today, what is meant by a “right”, is itself controversial, and the subject of continued philosophical debate. The strong claims made that human rights are universal, or that they exist independently of legal enactments, has provoked skepticism and criticism.

I thought of this topic on Human Rights for obvious reason of recent rape incidents in the capital. The incident received international coverage and was condemned by one and all. It was a horrendous act.

I fail to understand that when all human beings are born free and equal, why do persons show such scant regard for the dignity of others? Why does a person at the slightest provocation turn into a beast?

The abuse of women is probably a universal phenomenon. It exists virtually everywhere, breaking barriers of caste, creed, religion and geographical barriers of nations. The extent and degree may differ but its existence cannot be denied.

I believe that the story of women’s struggle for equality belongs to no single feminist nor to any one organisation, but to the collective efforts of all those who care about human rights.

The Judicial committee set up by the Central Government on 22.12.12, headed by J.S Verma, a former Chief Justice of India, to suggest amendments to criminal law to sternly deal with sexual assault cases, has urged the public in general and particularly eminent jurists, legal professionals, NGOs, women’s groups and civil society to share “their views, knowledge and experience, suggesting possible amendments in the criminal and other relevant laws to provide for quicker investigation, prosecution and trial, as also enhanced punishment for criminals accused of committing sexual assault of an extreme nature against women”.

It’s time to understand that it is our responsibility to nurture the younger generation and imbibe in them a mindset that treats the other gender with dignity and respect. Let us act in bringing about a change.

The real solution lies in making women aware of their rights and getting them into the habit of exercising them regularly. In fact, in our country, it is not only women’s rights, but so many others are trampled over with impunity. The result is not a revolt but meek, passive acceptance. For example, I would like all our members to ponder whether we as CAs exercise our Rights?

There are various occasions/situations when we get frustrated over many issues that we face day in day out during our practice, may be in the Tax department or dealing with clients.

Let me try to lista few of the areas where we don’t exercise our rights:

• We CAs most of the time are shy to raise our bills in advance or send reminders for our fees.

• We in the Tax Departments read the Citizen’s Charter displayed on the walls, but we don’t raise any voices to get it implemented.
• We often wait for hours and hours in the Tax Department, and still don’t convey our anguish on time being wasted.
• We don’t resist where timings of duty are not adhered to, or internal meetings of tax officials are called at their convenience in spite of noticing a big queue outside, and still we patiently sit on benches.
• We fight and visit for months and years for our client’s refunds with a smiling face, for their legitimate dues, but still cannot enforce those rights.
• We CAs sacrifice our Rights and don’t raise our voices in a fear of harassment to our clients.

I am not sure whether you will agree that, we ourselves are to be blamed. I strongly feel that young CAs have perceived such plight, and that is why they prefer industry or jobs rather than traditional practice. So what is the solution? Is there any, or it is our fate to see the same thing happen again and again? This can change only after we all start practicing what we preach and exercise as our rights.

So this New Year let’s talk about what we want or how do we live our professional Life. I believe it’s time to change. You can’t expect to do things the same way for the rest of your life. Sometimes, we forget that in order to change something, we ourselves need to change. For example you cannot get a new job by not looking or not developing your skills, and you cannot lose weight if you continue doing no exercise or by not having a nutritious diet.

I will end by quoting Max Dupree – “We can’t become what we need by remaining what we are”.
Wish you all a Happy, fearless and rightful New Year.

With Warm Regards,
Yours truly,
Deepak R. Shah

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