Category: News And Views

Morals, Ethics and Law
Each of morals, ethics and laws, are about assessment of the right and the wrong. An individual’s own principles of right and wrong, constitutes his morals. Every human being has an innate sense of what is right and wrong to his mind – this dictates his “morals”. Ethics is about the rules of conduct that a community of individuals, formed on the basis of activity or even culture, writes for itself. Ethics have a clear link to character (“ethos”) of the section of society that follows it.

Law, binds an entire society, and evolves from the influence of morals and ethics. It is essentially a product of averaging the forces of morals and ethics and developing an acceptable minimum standard of conduct across society. All averages leave constituents unhappy – those above and below the average can always feel shortchanged. Therefore, despite doing the legally right thing, one can be perceived as morally wrong, and doing the something legally wrong too can get lauded as ethically sound.

Decline of morality: really?
First, let’s deal with the issue of morality. The refrain that “moral values are on the decline” is as old as the hills. It is something that could have been said in almost every phase of human history. It is quite like that oft-stated phrase: “we live in interesting times.” You can say it in every single conceivable situation. Examples abound of how societies would have said morals are on the decline. A society’s sense of morals can change with time. Jesus Christ devoted his short life to preaching his sense of morality. The society in which he preached believed that Christ was an assault on their moral values – in today’s moral compass, unthinkable. References to Shylock in The Merchant of Venice allude to how immoral the moneylender was in asserting his legal right to a pound of flesh. If that play were to be written today, Shakespeare would have been castigated for holding anti-semitic prejudices by referring to Shylock’s membership to the Jewish community.

Take the worst that man can do to man: slavery. When slave labour was being questioned by citizens in the northern parts of the United States, slave owners in the south argued that moral values were on the decline. They asserted how it was morally wrong to attack their legal right to own property that they had legally paid for. Indeed, slave owners would quote the Bible to convince their slaves that a life committed to slavery was Godendorsed. Today, it is revulsive to even think about it. Yet, those who indulge in slave labour today (yes, it is alive and kicking – and yes, it can even take the form of the domestic help in Mumbai households without any of the rights their employers would take for granted from their employers) surely convince themselves about the morality of their actions so that they get sleep at night.

One man’s soul-filling morality can be another man’s toxic poison. When the Indian Supreme Court refused to strike down law criminalizing homosexuality, a section of society argued that the court’s refusal to intervene is evidence that moral values were on the decline. The sections that went to the Supreme Court had argued that the Delhi High Court striking down that law was evidence that morality was on the decline. They wanted the Supreme Court to correct that. This moral bunch had representation from the ayatollahs of every faith that lives in India and whose fatwas, large sections of our society are accustomed to follow.

Even individuals who have given a lifetime of commitment to universal brotherhood and doggedly adhering to their sense of morality are not immune from attack of those who don’t accept that moral compass. Mahatma Gandhi was even killed. His killers would have developed a strong moral argument in their own minds to convince themselves that taking his life was the “right” thing to do. The Dalai Lama, a living idealist who uses scientific methods in his bid to emphasize that it is not extraordinary to be compassionate even with those who may inspire hate, is accused by some young-and-violent Tibetans of neglecting their interests with his peace-based approach to the universe. Some of them immolate themselves in protests – indicating that at least in their minds, they have the fullest moral conviction that their approach is right and the Dalai Lama’s practice is wrong.

Evolution of Law
Therefore, what is morally right and wrong is incapable of being tied down to the satisfaction of all. It can vary depending on the individual considering the question. For the same individual, it can vary with the time in which she considers the question. It could even vary if the context in which she considers the question varies, even if at the same time. When every individual in a society has a strong view on the right and the wrong, consensus is impossible. It is to grapple with this dilemma that societies need “law” – a minimum set of rules that everyone needs to conform to, across sections of society. It is enforced by the coercive power of the “State”.

What then should be the moral and ethical compass for a practitioner of law? By nature, human society is judgmental. One of my favourite questions in talks that I give on the rule of law is: “How many in this room believe Ajmal Kasab should have a trial?” I have not come across a single instance of a huge majority response that he indeed needs trial. The nature of audience has ranged from chartered accountants, businessmen, consultants, bureaucrats, and sadly, even lawyers.

It is this apathy that would come to bite when a chartered accountant, businessman, consultant, bureaucrat or lawyer stands accused and the popular voice of society is that she does not need a trial. Business and crime are being considered synonymous in the rising din of society and the same treatment that the educated professional class wants to mete out to Kasab is the treatment that the rest of society wants to mete out to this class.

The need for a trial to assess what actually happened in the eyes of law is a critical component of the rule of law. Our constitution guarantees protection to members of our society against incriminating themselves for a very sound reason. If there were no such protection, all it would need to “solve crime” would be to physically beat false confessions out of people. Therefore, even where someone confesses to a crime, the justice system is required to go into whether the confession is truthful and to see that justice is indeed done. How else does one prevent drivers owning up banging up cars they never drove, or for that matter, weak youngsters in a professional firm from being forced to confess to wrongs they never committed just to protect the erring partner in a professional negligence claim? What really transpired can only be found out by trial.

One is seeing increasing instances of assaults on lawyers agreeing to represent those accused of crimes that anger society. It can take varying forms. Physical assaults on potential lawyers for Kasab, tongue-lashing of Salman Khan’s lawyer, reputational  assault  on  amicus  curiae (a “friend of the court” appointed by the court to render assistance) in the Supreme Court appeal of Kasab’s sentence when he was reported to have said that the trial had not been fair. It is in this milieu that developing  a strong sense of adherence to a personal moral and ethical standard is critical to save society from the rule of the mob. What is that standard?

The  lawyer’s  Ethical  Standard a lawyer is required to dispassionately present facts and law to the judge, who required to dispassionately rule on matters before her without fear or favour and uncaring for consequences outside the realm of law and justice. Every lawyer is duty-bound to accept any brief at a fee consistent with his standing. That is the real ethic of a lawyer. That a brief can turn politically controversial or socially unpopular is not a ground for refusing a brief. A lawyer is obliged to use all fair, legitimate and honourable means to uphold his client’s interests regardless of his personal opinion as to the guilt. His loyalty is to the law.

Judging his client’s guilt is the court’s role. The lawyer is but one of the officers of that court.

Not too long ago, Kerala Congressmen were upset that party spokesman Abhishek Manu Singhvi represented a local lottery distributor. The Bharatiya Janata Party had once expelled Ram Jethmalani for representing convicts in the Indira Gandhi assassination case. Eventually, one of the accused was actually absolved in appeal. Both these politician-lawyers had  stood  their  ground.  But not all do so. They fall into the unethical trap of finding reasons to return briefs, or worse, even going on national television to argue how an accused like Kasab should never get trial. Such attitudes erode the objectivity and fearlessness critical for an effective run of the rule of law.

For a real professional, the foundational rule is not to judge. More importantly, not to be influenced by others’ judgements, in distraction from the facts and merits of the situation. It is the role of the judge to render judgement and not that of the professional. A lawyer refusing to take up representation despite having time on hand is identical to a doctor refusing to treat a patient because of his own moral judgments – say the dying patient is gay and the doctor is a homophobe.

Worse is taking up representation and deliberately jeopardizing the case. Sadly these are the kinds of suggestions one hears of in a charged up society. It is another matter that such suggestions would have been heard all through human history. It is akin to doctors injecting poison into Kasab in revenge  instead  of  saving his life. That would have been an insult to the efforts of those who gave up their lives in the process of apprehending Kasab.

The worst of all is to intimidate and attack those who do their job in conformity with their ethical standard. There can be nothing more immoral than questioning the morality of those who serve the cause of dispensation of justice on the ground that they are serving clients accused of crime.

The `New Yorker` cover story was titled `Citizen Jain`, to indicate that Jain brothers are wielding similar influence in India. The reply of Vineet Jain to interviewer’s question showed that the Jain Brothers also realise the power that they have and their willingness to use it whenever they want and for whatever purpose they need to use it.

How enormous this POWER is and how the ESTABLISHMENT flaunts it and uses it to crystallise the public opinion in whichever way it wants, can just be gauged by taking a cursory look at the events of the past 3-4 years.

And thereby hangs the tale of ETHICS IN MEDIA
Let us just take the example of agitation of `India Against Corruption’ for setting up LOKPAL. The agitation was led by Anna Hazare in which the present Chief Minister of Delhi, Arvind Kejriwal, his present political rival and BJP candidate for Chief Minister’s post during Delhi election Kiran Bedi, Prashant Bhushan & Yogendra Yadav were leading participants. The fast by Anna Hazare on the Ramlila grounds in New Delhi and the agitation lasted for nearly eight days. The Media—particularly News Channels—gave a saturation coverage to this agitation. The economics of Media demands a certain percentage of advertisement per hour of telecast. This mandates that for any half hour slot of telecast, there should be at least 12-15 minutes of advertisements. In fact, this rule is so mandatory that many important news programmes are cut short for telecasting advertisements. In spite of this, we would find that during those days of Anna Hazare’s agitation, the News Channels deliberately gave up about 600 crores of advertisement revenue by giving coverage to Hazare’s agitation without a advertisement break. Most of the News Channels, barring one or two, are in complete financial mess. In such a dire financial situation, how could these channels afford to lose so much revenue? The answer is that the Media companies which telecast these channels were promised that their loss would be compensated. Who could have given such a promise? The parties who were thinking of getting political benefit from the agitation and were aware of the power of Media to influence public opinion. How could a political party muster such a huge financial resource is a question which would naturally arise. Again, the answer would be that ties–or to use the cliché ‘nexus’—that have bonded together the political parties and corporate as well as other financial lobbies over a period of the last few decades. Of course, all these details are in the realm of speculation as nobody would be ready to provide upfront details about Media groups’ real financial dealing other than the statutory requirements. Still the fact remains that during Anna Hazare’s agitation, all the News Channels gave a saturation coverage without advertisement breaks and willingly gave up revenue.

Immediately after this agitation there were a series of exposes by almost all News Channels, major Newspapers as well as News magazines about various scams and the focus of the coverage was generally one sided. It depicted the then UPA government as a villain and branded most of the prominent ministers in the government as mired in corruption and nepotism without being factually objective. That created a general impression across the society that the government is anti-people and is not really interested in protecting as well as furthering the interests of common people and national interests. This helped the opposition to crystallise the public opinion against the then government. The campaign during 2014 Lok Sabha elections showed the reliance of political parties on Media and their attempts of using the Media as a tool to influence the public opinion. The latest example is that of various scandals about ministers in Central and Maharashtra as well as some other state governments. All of a sudden in second half of June all these scams are getting surfaced in the Media. Why this is happening and how could this have happened are the questions and if we try to find out the answers of these questions by relating this present scenario with the events during UPA period, it will lead us to the conclusion that these SCAMS are coming under the Media glare due to a definite design. The designer who may have sketched the design seems to be a section of influential corporate lobby which perceives that the present political set up has not been really beneficial for them. The scenario before May 2014 was crafted by the corporate and other business and commercial interest coming together with a firm view that the then government was detrimental to their interests and should not be allowed to come again to power. These lobbies funded the Media campaign before and during the 2014 Lok Sabha elections.

The same process of using Media to corner the present political set up seems to have been initiated. Otherwise, the sudden spurt of scams being revealed does not have any logical explanation.

All the above examples indicate the POWER of the ESTABLISHMENT and how this ESTABLISHMENT can become a tool in the hands of moneybags to be used in whatever way they want to influence the public opinion or to tarnish any ones image and credibility. How this POWER of the ESTABLISHMENT can destroy the careers and reputations of prominent people was displayed when transcripts of Radia Tapes were published

In such a scenario, business interests have dominated the functioning of Media groups rather than any Ethical framework. In a classical definition, PRESS is the FOURTH PILLAR of Democracy. All other three pillars of Democracy do not have any connection with BUSINESS. Though the PRESS has been termed as a FOURTH PILLAR, it is primarily a business venture. This uniqueness of PRESS (and now MEDIA) bestows on it a huge responsibility to perform the ideal role assigned to it. This puts a burden on PRESS to perform its function ethically. As per these ideals, newspapers (and Media in contemporary times) should be a watchdog to protect people’s interests, rights and freedoms. It should act objectively without any fear and favour and should not show any bias or inclination towards any particular group, section or community. Objectivity and adherence to truth should be the only guiding factor for any journalist working in print, electronic or web Media. Of course, these ideals are easy to preach and very hard to observe.

Evolution of the press
This would become clear as we look back on the evolution of PRESS in India. The evolution of Indian Press had a background of Freedom Struggle. Most of the regional languages as well as English Newspapers (barring newspapers such as Times of India or Statesman, which were owned by British) of those times were the vehicles of nationalist propaganda and their main objective was to project nationalistic viewpoint. Therefore, they had less `NEWS` and more `VIEWS`. The Newspapers really began to evolve as an INDUSTRY after Independence. The competition increased. So revenue earning became much more important. This could happen only  with  more advertisement. If a product is to be advertised in a particular Newspaper, then the producer would obviously be interested in finding out the readership profile of the Newspaper to gauge whether that section of people would be in a position to buy his product. If the readership profile does not match with the profile of the product, then advertising in that particular newspaper will be of no use for the producer. As the competition increased, there was a scramble to corner the advertisement revenue. This tilted the balance in favour of advertiser. This was the point at which the editorial control over the Newspapers started loosening and Advertising and Marketing departments became much more dominant. The advertiser started dictating terms and initiating process to demand the change in readership profile so as to suit the needs of    a particular product. For example, if any Newspaper wanted an advertisement from FMCG company then it was asked to prove that the readership has a economic capacity to purchase such products. If the Newspaper had no compatible readership profile and still it asked for the advertisement, then the company started demanding that it should change the readership profile by publishing news items liked and usually read by the consumers who are likely to purchase those products. So step by step, the `CONTENTS` of the Newspapers started getting managed by the Advertisement & Marketing departments on the cue given by the advertising agencies. This slide back acquired much speed after the 1991 economic liberalisation an opening up of various sectors of economy. New technology came into the industry. The Newspaper and magazines became much more colourful, sleek and glitzy. Then, satellite TV made its entry. Later on followed by News Channels. Now PRESS became MEDIA. The leading Media group like the Times of India declared itself as an ENTERTAINMENT GROUP. MEDIA became much more a business than a FOURTH PILLAR of DEMOCRACY.

The Paid News controversy which rocked the Media world was inevitable in such a scenario. Since a long time, political parties used to influence reporters and other journalistic staff to get a favourable news coverage. In the race to garner more and more revenue—in short to make more money—the owners of Newspapers decided to strike a deal with political parties themselves. That is how the NEWS became PAID.

Ethical FPAMEWORK
And in such a situation, it is no surprise that the Ethical Framework in the functioning of any MEDIA GROUP has been put on back burner. This framework has not been demolished, but it is very rarely followed and only invoked when a gross indecent and sensational reportage is published or telecast. The readership and viewership numbers dominate the discourse about Media now a days. TRP reigns supreme in electronic Media and to increase TRP ratings day by day the News  Channels are becoming more and more sensational and predatory. Obviously it has become much more easier for Corporate and Financial moneybags to influence the Media discourse with a carrot of easy finance as well  as  increase  in TRP ratings.

Still there are a number of enterprising and intrepid journalists, in both print and electronic Media, who are inspired by the ideals and who adhere to the ethical framework.  Unfortunately  the  space  in  the  Media  for such journalists is shrinking day by day,  as  the work culture gets  degraded  by  unethical  influences of money and muscle power  and  the  reluctance  of the ESTABLISHMENT to step in to clean up. In fact many a times the ESTABLISHMENT itself encourages these influences and allows them a free rein. The recent events of attack on Journalists in Uttar Pradesh an  Madhya  Pradesh  are  indicators  of  this  trend.   Of course, it must not be overlooked that access potential of a journalist and disproportionate influence wielded by even a small district Newspaper or a Video Channel encourages many unwanted elements in this profession, whose main aim is earning money be using blackmailing technique.

A statutory body like the Press Council of India or professional set up like Editors Guild have now become redundant institutions. They do not have any legal teeth and they can only admonish a recalcitrant Media group or an individual or a group of Journalists. Therefore, these institutions are not taken seriously. The electronic Media has set up an Ombudsman. But his observations and orders on complaints made are more than often overlooked. The associations or organisations of working journalists are prone to be more active on the issues of pecuniary and other benefits rather than about issues of ethical functioning.

Conclusion
Overall it  is  a  depressing  scenario  and  therein  lies  a danger to the freedom of Media. The sensational, predatory, unethical functioning is creating revulsion across the society against  the  Media.  This  has  started impinging on the credibility of the Media. This opens up a space for the powers that be to step and introduce some measures to curb the freedom in the name of putting an end to sensationalism of the Media. To guard against this danger, Media professionals must proactively initiate a process for internal discussion and debate to evolve a mechanism for enforcing ethical functioning. A collective action may be able to convince or at least force the ESTABLISHMENT to step in and help the professionals to rein in the predatory and sensational tendencies.

In every
profession, there are Rules and Regulations which each and every
professional is bound to abide by while performing his duties.
Architects are not taught, but are made aware of the subject. The idea
is that freedom of expression should not be stifled but should be given a
free hand. Each and every individual is encouraged to create his own
unique design which would really influence culture.

It is said
that Doctors’ mistakes are buried below the earth and Architects’
mistakes are for the world to see. The test of a good Architectural
design is that it needs to be functional and aesthetically appealing.

What is architecture?
As
architects, we are expected constantly to dwell upon the creative
aspect of design. Since architecture is not mathematics, designs cannot
be judged as right or wrong. What matters is the context, concept and
shape which then decides whether design is functional or wonderful or
awesome.

Architecture is basically the Art and Science of
designing spaces and providing services to multifunctional activities
for all human beings. This is the only discipline which encompasses the
major fields of human endeavour: Humanity, Science, Art, and Technology.

Architecture is the matrix of human civilisation, an authentic
measure of the social status and an evocative expression of ethos of an
era. When conserved it is a heritage and when ruined it becomes
archeology. Architecture has generated specialisation. City planning,
landscape and interior architecture, retro fitting of buildings,
architectural conservation, construction management have also lately
emerged as specialisation. Each of these compliments and supports each
other.

Architectural Design essentially is a product of an
individual mind but realised through association of experts from allied
fields who contribute in the process of construction with mutual respect
and understanding and work, assuring high quality of end product.

Regulation of the profession
The
practice of architectural profession is regulated by the Architects
Act, 1972 and Regulations framed there under. The Council of
Architecture has prescribed the conditions of engagement and scale of
charges under the Architects (Professional Conduct) Regulations, 1989.
The documents prescribed, stipulate the parameters within which the
architect is required to function. These define the responsibilities,
the scope of work and services and also prescribe the mandatory minimum
scale of professional charges with a view to make the client fully aware
of the architect. The professional services required by the client may
not be comprehensive in scope in all cases and accordingly, clear understanding between the two must be arrived at. The
Council of Architecture has prescribed the conditions of engagement
based on general practices to all registered architects and such
architects who have specialised in areas such as Structural Design,
Urban Design, City Planning, Landscape Architecture, Interior
Architecture and Architectural Conservation.

Scope of Services
Generally,
architects are required to provide following services, and these
services are called comprehensive services. However, client can also opt
for partial services as per mutual agreement.

a. Taking Client’s instructions and preparation of design in brief.
b. Site evaluation, analysis and impact of existing/or proposed development on its immediate environs.
c. Design and site development.
d. Structural design.
e. Sanitary, plumbing, drainage, water supply and sewerage design.
f. Electrical, electronics, communication systems and design.
g. Heating, ventilation and air conditioning design (HVAC) and other mechanical systems.
h. Elevators, escalators etc.
i. Fire detection, fire protection and security systems etc.
j. Periodic inspection and evaluation of construction work.

The
Architect shall, after taking instructions from the client, render the
following services as described below in various stages:

Stage 1: Concept Design
Take
instructions of client to ascertain the requirements and study the
environs. Prepare report, conceptual design and submit to the client for
approval.

Stage 2: Preliminary Design and Drawings
Modification of conceptual design.

Stage 3: Drawings for Clients and Obtaining Statutory Approvals
Prepare drawings for clients and obtaining statutory approvals from Competent Authorities, if required.

Stage 4: Working Drawings and Tender Documents
Prepare
working drawings and tender documents which cover the mode of
measurements, method of payments, quality control procedures on
materials and works and other conditions of contract.

Stage 5: Appointment of Contractors
Invite, receive and analyse tenders. Also advise the client on appointment of contractor.

Stage 6: Construction
Prepare and issue working drawings and details for proper execution of works during construction.

Approve samples of various elements and components.

Check and approve shop drawings submitted by contractor/ vendors.

Visit
site periodically at intervals agreed mutually, to inspect and evaluate
the construction works. Clarify decisions, interpret
drawings/specifications, attend meetings to ensure that the project
progresses generally in accordance with the conditions of contract and
also to keep the client informed and render advice on actions, if
required.

In order to ensure that the work at site progresses in
accordance with conditions of contract, the day to day supervision will
be carried out by a construction manager (clerk of works/site
supervisor/or construction management agency in case of large and
complex project), who shall work under guidance and direction of the
Architect and shall be appointed and paid by Client. Issue Certificate
of Virtual Completion.

Stage 7: Completion
Prepare
and submit completion reports and drawings for the project as required
and assist the client in obtaining “Completion/Occupation Certificate”
from Statutory authorities, wherever required.

Other aspects
include schedule of payment of professional fees based on stage-wise
completion of contract, documentation and communication charges and
reimbursable expenses.

Architects are supposed to work as per the conditions of engagement, scope of work as well as scale of charges.

Professional Conduct and selfregulation
Further, Council of Architecture in exercise of the powers conferred by the Architects Act, 1972 (Act No. 20 of 1972),read with clause (i) of sub
section (2) of section 45 with approval of the central government, made
the Architects (Professional Conduct) Regulation, 1989 to promote the
standard of professional conduct and self – discipline required of an
Architect, as detailed below:

(1) Every architect, either in
practice or employment, subject to the provisions of the Central Civil
Services (Conduct) Rules, 1964 or any other similar rules applicable to
an architect shall:

(i) Ensure that his professional activities
do not conflict with his general responsibility to contribute to the
quality of the environment and future welfare of society,

(ii)    Apply his skill to the creative, responsible and economic development of his country,

(iii)    Provide professional services of a high standard, to the best of his ability,

(iv)    If in private practice, inform his client of the conditions of engagement and scale of charges and  agree that these conditions shall be on the basis of the appointment,

(v)    Not   sub   –   commission   to   another   architect or architects the work for which he has been commissioned without prior agreement of his client,

(vi)    Not give or take discount, commissions, gift or other inducements for the introduction of clients or of work,

(vii)    Act with fairness and impartiality when administering a building contract.

(viii)    Maintain a high standard of integrity,

(ix)    Promote the advancement of Architecture, standards of Architectural education, research, training and practice,
(x)    Conduct himself in a manner which is not derogatory to his professional character, nor likely to lessen the confidence of the public in the profession, nor bring Architects into disrepute,

(xi)    Compete fairly with other Architects,

(xii)    Observe and uphold the Council’s conditions of engagement and scale of charges,
(xiii)    Not supplant or attempt to supplant another Architect,

(xiv)    Not to prepare designs in competition with other Architects for a client without payment or for reduced fee (except in a competition conducted in accordance with the Architectural competition guidelines approved by the Council),

(xv)    Not attempt to obtain, offer to undertake or accept a commission for which he knows another Architect has been selected or employed until he has evidence that the selection, employment or agreement has been terminated and he has given the previous Architect written notice that he is so doing, provided that in the preliminary stages of work, the Client may consult, in order to select the architect, as many architects as he wants, provided he makes payment of charges to each of the architects so consulted,

(xvi)    Comply with Council’s guidelines for architectural competitions and inform the Council of his appointment as assessor for an architectural competition,

(xvii)    When working in other countries, observe the requirements of codes of conduct applicable to the place where he is working,

(xviii)    Not have or take as partner in his firm any person who is disqualified for registration  by  reason  of  the fact that his name has been removed from the Register under section 29 or 30 of the Architects Act 1972,

(xix)    Provide their employees with suitable working environment, compensate them fairly and facilitate their professional development,
(xx)    Recognise and respect the professional contribution of his employees,

(xxi)    Provide their associates with suitable working environment, compensate them fairly and facilitate their professional development,

(xxii)    Recognise and respect the professional contribution of his associates,

(xxiii)    Recognise and respect the professional contribution of the consultants,

(xxiv)    Enter into agreement with them defining their scope of work, responsibilities, functions, fees and mode of payment,

(xxv)    Shall not advertise his professional services nor shall he allow his name to be included in advertisement or to be used for publicity purpose except for certain prescribed situations

(2)    In a partnership firm of architects, every partner shall ensure that such partnership firm complies with the provisions of sub–regulation (1).

In view of above, we are supposed to adopt best practices in architecture, based on guidelines prepared by the Council of Architecture.

Ethical values in our profession
In my practice of the profession, I have faced some ethical and moral challenges on a number of occasions. I am narrating some of those situations

1)    I was working with one of the leading Architectural Consulting firm during my tenure of service from 1993 to 2002. During the service, I was elevated from Assistant Architect to a very responsible post and was responsible for each & every aspect of decision-making with respect to approvals to occupation certificates.

I was handling almost 30 projects at a time. Of course that was peak time for us in real estate during 1995 – 1999.

It had so happened that in one of our projects some documents were missing, rather, with regard to certain assertions, there was a misrepresentation by the client himself. We were shocked to know that the client had made a blunder. My employer was about to tender his resignation as architect. I was of the opinion that we should not tender our resignation at this stage, and I insisted that the client disclose the correct facts. Not doing so would be shirking our social responsibility. He agreed with my views. We pursued the matter with our client and got him to place on record the valid correct document which was necessary and then proceeded with further work.

If we had ignored the misrepresentation, it would have benefitted the client. If we had taken the decision of resigning from the project, we would have lost trust of the officers of the corporation. We chose the ethical path.
2)    In one of the projects, I was appointed as an architect. Due to large size of land parcel, a layout was required to be approved. However, it was pointed out by the client that the same had already been submitted by another architect in the past. The client also provided the so called Xerox copy of his letter, which I did not believe to be a proper copy and therefore I did not certify the same.

The case came up for hearing in front of municipal officers and I was shocked to know that the previous Architect had not even given his resignation. On knowing that, despite the fact that my effort would go unrewarded I did not continue the project as an architect and was also saved because I had not certified that purported letter of resignation of the previous architect.

    Architect’s professional liability
Professionals are required to discharge their obligations and commitments diligently and befitting with quality and standards of service. The Council of  Architecture  being the regulator of Architectural Education and Profession throughout the country formulates guidelines on architect’s liability.

“Architects Professional Liability” has been approved by Council of Architecture at its 40th meeting.

•     Professional Duties of Architect

1.    service:
The relationship between the architect and the client is that of a service provider and recipient. The professional services rendered by the architect are pursuant to the conditions of engagement and scale of charges entered into between the architect and the client.

•     Competence: An architect being a professional shall possess the required knowledge and skill, proficiency and competence for discharging his professional duties and functions.

•     Duty of Care: It means duty to exercise utmost skill and care.

•    Duties: The duties that  are  required  to be performed  by an architect for various  types  of  projects  have been prescribed by Council of Architecture under the Conditions of Engagement and Scale of Charges for respective areas in the field of architecture.

2.    Professional Conduct:
An architect shall comply with the standards of professional conduct and etiquette and a Code of Ethics set out in clauses
(i)    To (xxv),read with exceptions covered by sub-clauses (a) to (h) of sub- regulation (1) of Regulation 2 of the Architects (Professional Conduct) Regulations, 1989. Violation of any of the provisions of sub-regulation (1) shall constitute a Professional misconduct.

3.    Duties and responsibilities of clients/ owners and occupants:

The client/owner shall discharge all his obligations connected with the project and engagement of the architect in accordance with the Conditions of Agreement as agreed upon. Further, the client (s)/owner (s) and Occupant(s), upon completion of the building shall maintain it properly to safeguard and preserve the longevity of the building.

4.    professional negligence:

4.1    Negligence: “Negligence” of an architect means failure to take reasonable degree of care in the course of his engagement for rendering professional services.

4.2    Deficient service:

4.2.1    “Deficiency”, as defined under section 2(1)(g) of the Consumer Protection Act, 1986 means any fault, imperfection, shortcoming or inadequacy in the quality, nature of performance which is required  to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.

4.2.2    An Architect is required to observe and uphold the Council’s  Conditions  of  Engagement  and   Scale of Charges while rendering architectural service/ services that is/are necessary for discharge of his duties and functions for the project for which he has been engaged, amount to deficient service.

a)    Use of Building for the purpose other than for which it has been designed.

b)    Any changes/modifications to the building carried out by the owner(s)/occupant (s) without the consent or approval of the Architect who designed and/or supervised the construction of the building.

c)    Any changes / alterations / modifications carried out by consulting another architect without the knowledge and consent of erstwhile architect or without obtaining No Objection Certificate of the building.

d)    Illegal / unauthorised changes / alterations / renovations / modifications carried out by the owner
(s) / occupant (s).

e)    Any compromise with the safety norms by the owner(s)/occupants(s).

f)    Distress due to leakage from terrace, toilet, water logging within the vicinity of the building and that would affect the strength /stability of the structure or general wellbeing.

g)    Lack of periodical maintenance or inadequate maintenance by owner(s)/occupant(s).

h)    Damages caused due to any reasons arising out of specialised consultant’s deficient services with regard to design and supervision of the work entrusted to them, who were appointed /engaged in consultation with the client.

i)    Damages caused to the building for the reasons beyond the control of the architects.

5.    Professional Negligence and Deficiency in services -professional Misconduct

If any person is aggrieved by the professional negligence and/or deficiency in services provided by  the  architect,  the matter shall be referred to the Council of Architecture under Rule 35 of the Council of Architecture Rules,  1973 to adjudicate whether the architect is guilty of professional misconduct or not.

6.    Professional Liabilities

6.1    Indemnity Insurance: The architect is required to indemnify the client against losses and damages incurred by the client through the acts of the Architect and shall take out and maintain a Professional Indemnity Insurance Policy, as may be mutually agreed between the  architect  and  the  client,  with a Nationalized Insurance Company or any other recognized Insurance Company by paying the requisite premium.

Maintenance of record: The  architect  is  required to maintain all records related to the project for a minimum period of 4 years after the issuance of Certificate of Virtual Completion.
6.3    Duration: – The architect’s liability shall be limited to  a maximum period of three years after the building is handed over to / occupied by the owner, whichever is earlier.

7.    Nature of liability:
An architect is liable for the negligent act which he committed in the performance of his duties. The action against an architect can be initiated by the client on satisfying the following conditions:

(a)    There must exist a duty to take care, which is owed by an architect to his clients.
(b)    There must be failure on the part of an architect to attain that standard of care prescribed by law, thereby committed breach of such duty.
(c)    The client must have suffered damage due to such breach of duty.

Disciplinary Action under The Architect Act, 1972:
If an architect is found guilty of professional misconduct, he is liable for disciplinary action by the Council of Architecture under section 30 of the Architects Act, 1972, Civil and Criminal action in the Courts of Law.

The disciplinary action taken by the Council of Architect against the architect who has been found guilty of professional misconduct does not absolve him of his liabilities under the Code of Civil Procedure, 1908 and the Code of Criminal Procedure, 1973, if any.

Some of the relevant laws include The Law of Torts, The Consumer Protection Act, 1986 and The Indian Penal Code, 1860 etc.

Case Studies
Prof. Madhav Deobhakta in his book “Architectural Practice in India” illustrated some cases:

1)    Not taking action on their own about area of plot:
There were 13 complaints lodged by civic authorities against Architects in Mumbai. These related to certifying larger area of Land than the actual area. The disciplinary committee after investigations reported that 4 out of 13 be called before the Council. These 4 Architects admitted that they had not surveyed the lands in question; but relied upon the area certificates obtained by their clients. When questioned, they admitted that the area shown in the certificates was much more than the actual area. Further, these four Architects admitted that they did not take any steps to re-survey the plots from City Survey Office.

Council reprimanded these four architects for failure to take action on their own while discharging their professional duties.

2)    Wrong certification of condition of Building: The Architect was requested by one of the tenants to give a report on the condition of the building for a court matter. He reported that the condition of the building was sound. At the time of joint inspection under Court’s order, he admitted that the condition of the building was not sound. When questioned at the time of the appearance before the Bar of the Council, he said when he inspected the building at time of making report it was in sound condition; but the owner was responsible for its sudden deterioration.

Council after considering all facts came to the conclusion that the architect did not act in a responsible manner and decided to reprimand him for professional misconduct.

Conclusion:
The main purpose of the Architects Act, 1972 is to protect the general public from unqualified persons working as architects and to ensure the professional conduct of the practicing Architects.

There are cases of action taken against and for Architects. By and large, professional ethics are generally observed by Architects who work with integrity, responsibility and trust as they consider their profession as the first priority in life.

While regulations are indeed necessary, one has to be ethical in spirit and not only in letter. In life one has to set the ethical bar high enough. It is only then that one can lead life with the head held high!

Hindi Film Music
The
Hindi mainstream film music industry has come of age over the last 70
years. It is now a professional set up. My mother tells me that in her
times, singing for films was looked down upon. Today, we have
enthusiastic parents sending their children to train in music as well as
to compete on television. Music training schools are today big
business. There are institutes training students in every field,vocal,
instrumental, Hindustani classical, Carnatic, Westernmusic, staff
notations, sound recording, playback recording techniques etc.
Technology has undergone a transformation and with the commercial stakes
very high, the pressures to succeed at any cost often lead to ethical
compromises. From Naushad to Rehman and Rafi to Sonu the parameters of
excellence have remained high. However the audience’s thoughtless
acceptance of anything that the media promotes, often results in ethical
compromises and a deterioration of standards.

There was Naushad
sahab who tirelessly advocated Indian classical music and would insist
on purity. Today, plagiarism is rampant. One finds popular foreign songs
being copied brazenly note to note. It is often the producers who force
the composers to do this. Certain highly successful music directors
have been exposed on the internet with the list of songs they have
copied along with their source.

Many talented singers these days
approach commercially successful composers with their demo songs. These
are often their own compositions. The singer is forced to release the
song under the composer’s credits.

An inspiring exception is A.
K. Rehman who has taken Hindi music to a world platform completely on
his terms and merit. Rehman is known to keep music rights with himself.
He makes sure his music is not misused by producers. If Rehman
collaborates with say Sukhwinder, the latter is given due credit. Other
talented composers like Shankar Mahadevan strive to make soulful songs.

Creation of monopolies and monopolistic situations
In
the yesteryears, one has heard stories of attempts by established
singers to monopolise the singing scene. Today, the market has opened up
with several singers aggressively marketing their skills. However there
are still instances of producers getting songs dubbed by established
singers even though they have been competently sung by lesser known
artistes.

Awareness of rights
In the era gone by,
artistes, and particularly singers were not aware of their rights. They
performed for the love of art, and were seldom concerned with commercial
aspects of their profession. The term intellectual property rights, was
unknown to them. Today, there is much awareness about royalties and
copyrights with artistes, composers, lyricists actively campaigning for
their rights, and zealously protecting them. Associations like the
Indian performing rights society regulate the use of their songs in
public places, radio, TV channels, live shows etc.

Falling standards in quality of lyrics
In
the 50s and 60s film music saw the poetic quality of lyrics scaling
great heights. There was Saahir who wrote sensitive, philosophical songs
like ‘yeh mehlon yeh takhton yeh taajon ki duniya’, ‘allah tero naam’,
‘aye meri zohrajabeen tu abhi tak hai haseen” and ‘laga chunri mein
daag’. Pt Narendra Sharma wrote chaste Hindi songs like ‘jyoti kalash
zhalke’, ‘satyam shivam sundaram’. Bharat Vyas wrote Nature poetry like
‘yeh koun chitrakar hai’ and kuhukuhu bole koyaliya. Kavi Pradeep penned
patriotic poetry like ‘aao bachhon tumhe sikhaye’,’aye mere vatan ke
logon’. Gulzar wrote aesthetic, songs with high literary value like ‘iss
mode se jaate hain’, ‘humko manki shakti dena’,’tujhse naraz nahin
zindagi’.

The new millennium saw the nation gyrating to
nonsensical lyrics and those with sexual innuendos. One could cite
several such examples but the content is so offensive that I would
rather not smudge the pages of a professional journal with such trash.
The point is that it is the ethical responsibility of producers and
lyricists not to stoop to such levels for commercial success.

People
believe that double meaning lyrics in the garb of ‘folk’, sex object
portrayal of women, and puerile nursery rhyme like songs fetch instant
success. So ethics and values are trashed. Once I was asked to sing a
‘laavni’ with double entendre. I fired the hell out of the guy and made
him change the lyrics.

I think lyrics are the fabric of any
song. They reflect an ideology and thought process. An ethical lyricist
is one who would uphold secular, humanist, socialist and feminist
values. I notice that earlier most films had atleast one spiritual song.
Now it is the norm to have atleast one ‘item’ song.

Commitment to quality and standing by what one believes in
As
far as I am concerned, I come from a classical music grooming and a
literary background at home. I am committed to singing meaningful lyrics
and intellectually stimulating melodies. In my live shows I select
songs that have meaningful poetry and raag based tunes that have scope
for gaayki.

I find that in mainstream songs, the requirement for
gaayki has waned. Tunes and lyrics are often juvenile. I feel committed
to writing and composing deeper, meaningful stuff. This too is a form
of ethics I feel.

I have composed about 50 tracks for the
YouTube devotional channel Rajshrisoul. Each composition displays a
commitment to the music I believe in. Hence both in my recordings and
live shows I standby what I believe is quality.

In my live shows
I am often under pressure to sing “fast”, “dancing numbers”. I do not
encourage this. As I believe I am not a DJ. Unless I stand up for my
beliefs, I will be made to dance to any tune.

Short and quick is not necessarily good / Technology cannot replace the original
Over the years, the ‘mehfil’ culture has eroded. Attention span of listeners has shortened. For the youth music is equal to something you dance to. Lyrics, gaayki, melody has no significance. This has led to monotonous tunes, repetitive lyrics, and same interlude music pieces. Today music is in the pubs and less in mehfils. The ‘gaayki’ in film music has been muted and the requirement for trained vocals is redundant. ‘Anyone’ including actors themselves sing songs. Added to this technical innovations enable voices to be tuned. The earlier face of film music had intricate gaayki, every stanza different tune etc. In my recordings I make it a point to retake my lines if not in perfect sur. I discourage enthusiastic recordists who say ’we will tune the notes using the Antares software’. I feel it is unethical to let technology modulate your performance. Your audiences pay to hear you perform and your rendition and not the skill of the software programmer or technician. I must give my best and not leave it to a machine.

Women   and   Their   Exploitation In live music shows, you often see background dancer girls. Unless it is a pure classical dance form, women are portrayed as subordinate,exploitative. Attention is to the body and not the soul. I find such actions totally unethical. Hence I am particular that the role of women in whatever I produce represents talent, soul  expression  rather  than body.

I have faced situations where I have refused to sing in live shows with loud noisy orchestration and where organisers are interested in suggesting what outfit I should wear.

I have often lost out on recordings due to the patriarchal equation. Even to this day most music directors are male. Being single and fairly attractive I often encountered men pursuing me for all the wrong reasons. The fixation with males is immense. Recently, while recording an aarti there was a line “baanjhan ko putra deyt nirdhan ko chhaya “.  I insisted on changing it to the earlier version, ”bannjhan ko garbh deyt” as I believe that it perpetuates the Indian patriarchial mentality that insists on the male child and kills the girl child. Once I gave a successful composer my demo audio. He kept calling me up asking to meet over a ‘cup of coffee’ for almost a month. When I finally did meet him, I was shocked to see that he had simply not listened to my recording even once. I was just a pretty woman  for him. Ever since then I politely refuse ‘coffee invites” for ethical reasons. Things have changed for the better now with singers having personal managers and talent management agencies to represent them. These shield mischief makers from the artist.

But these experiences got me thinking and I stumbled upon Meerabai.

When I started translating Meera, it dawned on me that she’s a big star! Her songs are sung a good 500 years after her time. We remember Meera like a fragrant flower. Not as a sexy body. I realised that every woman needs to assert her soul identity. If every woman who steps out for a career, especially in the glamour industry, sends out strong signals of “My talent is my sole identity’, this power game will become redundant. I yearn for the day women would be able to express themselves uninhibitedly and not be guilty for it.

Respect The Performers and give Them Their Due
The music industry all over the world has been plagued by piracy. Today music is available free on the internet. The days of cd sales are declining as cds can be instantly copied. Hardly any non-film music albums are made. Only film music (backed by massive publicity budgets) sells in the form of caller ringtones, number of hits and ads on YouTube.

I do know of some highly ethical people who will only buy original DVDsand recordingsoftware. But by and large people buy pirated Windows, Nuendo/Cubase/Protools recording software. Most rip music from youtube.

Let Children be Children, Do Not Corrupt Them With The ways of The Commercial World.
Television talent shows are the in thing today. TV channels rake in the big bucks by aggressive marketing techniques. Amongst these are sob stories, dramatic behind the scene stories, emotional appeals and children. Channels woo viewers with little champs, junior idols etc. I am the first ever winner of a talent show in the history of Indian TV, to have got a film playback break. I won the Hindi Saregama in 1995. I remember there was an immensely talented 7 year old Pushparani from Assam who sang Lata songs to perfection. She vanished. There was ten year old Prashant too. I remember Prashant’s mother doing the rounds of music directors for the big break. It never came. Prashant works in a bank in Mira Road today, bitter about fading into oblivion. Once someone introduced me to a flamboyantly dressed little boy from Marathi saregama. He was most offended because I did not know of him. I vividly remember children crying on camera when they lost out to competition. Viewers cried too. Channels sold their emotions and made money. Often there is manipulation in who is to win. Is this really what children should go through? Children are superb mimics. Hence they copy and replicate what they hear. That is what the channels cash in on. Two years down the line public memory fades and no one remembers these children and their two month fame. They go through the pain of rejection and dejection. The channels make further money through live shows with these children.

I feel children competing on TV must be stopped on ethical grounds as it amounts to child labour. Why don’t we have child nurses, doctors, CAs engineers? If they can sing, they can practice too. It is unethical to make children work. Children should take training in classical music, polish their skills, enjoy childhood and then get professional as adults.

Conclusion
I am aware that the above close circuit view of ethics in my profession can have counter views. Every person’s experience differs and nothing is black and white.  Where one sets the ethical bar is one’s own choice.        I would set it at just within practical reach though aiming to pitch higher.

Well,
that’s what I believe anyway. India used to be known as the ‘sone ki
chidiya’ – the Golden Bird, but that sadly is a thing of the past.
Corrupt officials, ineffective governance, ridiculous policies (both
foreign and national) and high level yes-men, have rendered this once
great nation, a laughing stock not only to the world, but also to its
very own residents. Having such a massive population, second only to
China, should have helped propel us forward, but it has been more of a
burden, dragging us behind. Restlessness and discontent was strife
against the current regime. A huge shake-up of the government, from top
to bottom, was massively required. And that is exactly what has
happened. A wave of change has swept over our country bringing with it
billions of hopes and expectations. And it is we, the youth, who stand
at the centre of this change.

Ten years from now, I see India as a
global superpower. I see us as a country at the pinnacle of
development, be it the economy, education, infrastructure or even the
health care sector. Yes, the health care sector! And this is where, as a
medical intern at Sion Hospital, I would like to give my not-so-expert
opinion.

According to me, the health care sector is one of the
most neglected fields in our country. And that, for a country with a
population exceeding a billion, is simply unacceptable. There is a lack
of availability of even the most basic of medical supplies, at the
primary health care level. For example, when I was doing my rural
rotation, the health centre I was posted at did not even have stock of
isosorbide dinitrate (simply called nitrate), a basic drug which is
critically important in the emergency management of myocardial
infarction, commonly known as a heart attack. Lack of such basic
supplies will hinder even the best doctor’s attempts at treating his
patients. The WHO guidelines dictate that there should be at least one
doctor for a population of 1,000 people. But the sad reality is that
this ratio currently stands at around 1:2,000 in our country. This
prevents people from availing even the most basic facilities, especially
at the primary level.

However, these problems are not just
limited to the rural level. They are also prevalent in the urban areas,
specifically the government-run hospitals. Most of these hospitals are
severely understaffed. Doctors are unable to give their complete
attention to every single patient, which results in them not getting the
appropriate medical treatment. Most of these hospitals are grossly
mismanaged, which results in the patient not getting timely, and in
certain cases, lifesaving medical care.

But it is not only the
patients who suffer. Doctors are in fact, the major victims of this poor
management of the health care sector. The ‘resident’ doctors, i.e., the
postgraduate student, are probably the ones who are the most affected.
These doctors are the ones who practically run the whole hospital. Along
with that, they have to battle a host of other problems such as
inhumane working hours (most of them don’t sleep more then 30-35 hours a
week), poor and unhygienic living conditions which predispose them to
various illnesses such as tuberculosis, abysmally low salaries, and
handling aggressive patients and their relatives, each of whom demand
the best treatment for themselves. Even after treating the patient to
the best of their abilities, there is always that nagging fear of
getting beaten up even if one miniscule thing goes wrong. In the private
set-up, although there are no problems of staffing or overcrowding as
such, it is the huge cost of treatment which acts as a deterrent, which
pushes people towards the public hospitals.

All these issues are
correctable, if the government shows the required desire, understanding
and dedication. The most obvious solution would be to increase the
number of doctors at all public hospitals. This increase should not only
be at the senior level, but should start from the grass roots, at the
undergraduate level. The number of seats at both UG (Undergraduate) and
PG (Postgraduate) level should be increased, which would results in an
increase in doctors at all levels. As of now, there are approximately
20,000 PG seats in government-run medical colleges throughout India.
This is totally inexcusable for a country with such a massive
population. Establishing new medical colleges and hospitals would go a
long way in providing better health services. It would reduce the
workload on already overburdened doctors. The aim of the government
should be to have at least a 100 new, tertiary hospitals in India in the
next 10 years. This would make a massive difference in ensuring quality
health care.The government must take steps to ensure better, sanitary
living conditions for resident doctors. Offering attractive
remunerations and financial packages would draw more doctors to take up
jobs at government hospitals. Another crucial decision should be to
increase the strength of the para-medical staff at all hospitals. These
include the nurses, ward boys, technicians etc. These people play a
critical role in the day to day efficient running of a hospital, without
whom, things would just come to a grinding halt. There should also be
an increased focus on infrastructure and basic facilities. For tertiary
health centres such as the big hospitals, providing them with the latest
technology, modern equipments and the best lab facilities, would go a
long way in enabling them to provide the best medical care that they
possibly can. For example, there are currently many hospital across
india which do not even have a CT scan! Primary health care as a whole
has been grossly neglected and steps must be taken to ensure that such
centers have access to basic, life-saving medications as well as simple
investigative equipment like x-ray machines. Our aim should not be to
provide medical care on par with the Western countries, but to provide
better care than them, simply because we have the resources to do so.

I
have a very limited knowledge of the budget and the constraints faced,
but I do know that expenses on health care were cut down by 10% for the
2014-15 budget. The most obvious solution would be increase the
allocation, and the subsequent expenditure, on health care. However, if
that is not possible, judicious and carefully planned use of the
resources should be made. There should be increased focus on certain
areas which require them the most, such as the primary health care
sector. Conducting increased number of health camps, with the assistance
of NGOs, would go a long way in tackling health problems in rural
areas. Special departments should be set up within the health ministry,
each given their exclusive objectives and asked specifically to focus on
them.

Ten years down the line, I would like to see every person, whether rich or poor, have the opportunity to access the best medical care and facilities. I would like to see India at the forefront of health care services. An India, where peo- ple from abroad come to access OUR health services, not the other way around. An India where our doctors get the respect and facilities they deserve, and are not vulnerable to the very diseases they are supposed to treat. An India where basic medicines are available throughout, such that not one single person should die from simple, preventable diseases like tuberculosis or malaria. All in all, I would like to see India achieve its tremendous potential, become the country that we know we can, and command awe and respect from the rest of the world. Bold claims maybe, but I firmly believe, with the current government in place, all of this is eminently achievable with the required will and hard work.

In the words of Martin Luther King Jr.,”I have a  dream…”