The Brave New World of Future

                                                                                                *Saumitra Mohan

            When people of different hues and denominations are participating in diverse kinds of protest movements all across the globe for the deemed and purported onslaughts on human rights and freedoms, the world around us has been changing stealthily without most of us ever realizing the same. While it was an intense Darwinian ‘Survival of the Fittest’ struggle which saw the victory and ascendancy of the Homo sapiens in the past, it would be another Darwinian battle which may soon see the obsolescence of most of the humans to an elite epistemic human species and technologically much advanced non-organic intelligence.

            In the slightly over four billion old history of the Homo sapiens, we have come a long way from the days of total dependence on the mercy of divinity and forces of nature to a huge suspicion in the very existence of a God or divine power. Today, most of the rational and scientifically-enlightened humans deeply distrust and dispute the existence of any supernatural being called ‘God’. While earlier all of us would look skyward for divine graces and blessings for protecting us against any natural or man-made catastrophes, war or health hazards, today’s humans can handle the same mostly on their own without looking for any divine interventions.

            We have usually lived and still live in a world where human beings are valued for their intrinsic value and uniqueness. The humans have been useful as workers, soldiers, doctors, engineers, bankers, drivers, clerks, travel agents and what not. We cannot imagine the human society without different classes of human beings with differentiated capabilities and qualities playing their chosen roles in the economy and making their valuable contribution to further enrich the human life and its varied experiences. However, the same shall soon be a thing of the past.

            The future scientific and technological developments may soon make the humans economically and militarily superfluous. The humans could very well be dispensed with in times to come. At least, that is what it seems like. With newer and better technologies coming to the fore, the humans are slowly and gradually being put out of business. While it is true that humans still hold the sway and are the most dominant species on the planet, they may soon lose the race to the new-age technologies and scientific inventions if they don’t keep pace with the time.

            The world of morrow shall have no space for the unskilled, semi-skilled or uni-skilled humans doing such routine and mundane stuffs which could be easily replaced by the machines. In fact, a huge amount of works and activities today is already mediated through science and technologies. We just can’t imagine a life without a tool of science or a gadget. And it won’t be long before these gadgets and scientific tools overwhelm us completely and start affecting any and every aspect of our day-to-day life. Robots and computers aided by the mind-boggling possibilities of nano and biotechnology may soon replace us unless we rediscover and reinvent ourselves.

            Going by the way the human civilisation is evolving, it is quite clear that tomorrow’s war shall be fought by robots, drones and cyber weapons using all the advanced technologies, operation theatres shall be manned by robo-physios, our cars shall be auto-driven, the role of policemen and policing shall be taken over by robots and other means of security surveillance system and our education shall be facilitated by smart classes, cyborgs and androids.

            With robots and computers outperforming humans, why should anyone want venal and fallible humans, amenable to sundry emotional and mental pressures? Artificial Intelligence (AI) and Bio-technology may transform our world beyond recognition. And this world shall have no place for those unwilling to adapt, learn, unlearn and relearn, beyond the mundane catacombs of caste, creed, race, religion, language, region and nation. We shall be warranted to leave behind our numerous parochial identities to unite as a single species to face the multiple challenges of future. This would also enable us to expand our consciousness and further explore the immense possibilities hidden in deeper recesses of our cosmos.

            Earlier the humans had the benefit of possessing both consciousness and intelligence. However, today AI has made it possible for the intelligence to exist independent of the organic consciousness. While the scientists are further exploring the possibility of downloading the consciousness onto a computer, the decoupling of intelligence and consciousness has made it possible to perfect the mechanical performance of a lot many critical exercises and activities with no interference resulting from the fallibility of the human consciousness or his selfish and emotional self. Today, non-conscious and non-organic intelligence can perform almost all the tasks better than humans.

            Like the computers or the machines, the humans have been discovered to be algorithmic beings acting according to a pattern by the scientists. These algorithms are said to be the handiwork of evolution over millions of years, being encrypted into our DNAs. This is akin to the Hindu conception of past life impressions being implanted and imprinted onto our eternal consciousness through the ever-going cycle of birth and death and makes one human being different from the other. In fact, all the human actions, behaviour, emotions and skills are said to be the outcomes of a coded bio-chemical algorithm. If we can somehow decode and decipher the same, the AI-mediated machines could ensure and elicit more perfect output from the humans.

            With the identification of these patterned algorithms, the humans can control or modify their own behaviour and emotions for being their better selves than is otherwise possible. The scientists have already got success in many cases by devising tools and machines to substitute humans and have been constantly working on the same to further perfect the technology. Once the same is done, the humans, by agreeing to harness their own potential through the media of these technologies, would become more and more redundant, to be easily replaced by more reliable AI-driven machines.

            In fact, it has been suggested that but for the intellectual upgradation via reskilling and relearning, 80% of the human beings shall become redundant in next 50 years. We may soon have to make a choice between emotion and consciousness of humans on the one hand and flawless intelligence of machines on the other. A robo-physio may not have the emotional touch, but is likely to be many times more updated and efficient with its diagnosis, prescription, treatment and surgery than a human doctor can ever be.

            An emotional human being may err, but not the futuristic machines equipped with non-organic consciousness and intelligence. We shall have to make similar choices in most areas of our life. We shall definitely choose efficiency, precision and perfection of a robot or an AI machine over the fallibility of a human being. Did we not abandon horses and bullocks in favour of automobiles? We shall similarly abandon automobile drivers in favour of auto-piloted cars in times to come. The same shall happen to most of our vocations and professions.

            The horses and bullocks would still be retired notwithstanding their possible upgradation. Their attempted upgradation would never make them as efficient as an automobile. Their survival in today’s world is more due to human romanticism with the past, for the passion of a few or simply for the gourmets. The clerks, soldiers, doctors, bankers, engineers, policemen, travel agents, accountants and many such professionals shall go the same way by soon being made redundant by a potent combination of AI, genetic engineering and biotechnology.

            The non-organic algorithm shall conveniently replace the organic algorithm, which means human algorithm shall play second fiddle to the former in most areas of our day-to-day quotidian life. Who can forget the defeat of ace chess champion Garry Kasparov over the Deep Blue supercomputer? The AI machines have the potential to outdo and outclass the human ingenuity, creativity and artistic felicity even in areas of abstract thinking and artistic creativity. As the time passes, our dependence over machines would increase and the humans are likely to have more time to attend to the matters of the mind and the intellect.

            As a species, we shall keep making self-destructive choices slowly as we have already done in many such cases without us ever realizing as to how conveniently and unwittingly we have been favouring machines over humans. It is, indeed, very frightening to visualise a scenario of unemotional and unfeeling machines dominating the length and breadth of our world and controlling our lives with us unable to do anything about it. However, we can’t afford to ignore the same.

            If every adversity is an opportunity and if we could sense a possible obsolescence of our species in the future scheme of things, we should definitely start planning to rediscover and reinvent ourselves to equip us better to enter the future world with confidence and élan. If the scientists somehow succeed in downloading or embedding individual consciousness to these machines, the future may become further fantastic, opening the possibility of immortalising an individual human being who can continue living for ever with the assistance of science and technology. The same makes it really difficult to make a prognosis of the shape of future world. The humans would need to discover newer and better ways to remain interested in the mundane preoccupations of the world.

            It has been increasingly suggested by different researches and analyses that soon these machines, aided and assisted by nano-technology, bio-technology and AI, shall make it possible to generate enough resources for human beings to stop worrying about their mundane problems of making their ends meet. This is likely to free them for intellectual preoccupations and cerebral exploits to indulge in such exercises as would further expand their intelligence and consciousness.    This would make it possible for the Homo sapiens and other intelligent lives in the universe to expand and stretch their consciousness further to be able to explore the unlimited mysteries of the humongous cosmos.

            This is what has been termed as the ‘Internet of All Things’ by the Yuval Noah Harrari in his celebrated book ‘Homo Deus’. Harrari says that soon the organic and non-organic algorithms shall be inter-connected to create a larger consciousness which would facilitate further exploration of intellectual possibilities of our universe. It is here that the Hindu and Buddhist concept of eternal cycle of birth and death comes in. The soul, spirit or consciousness, being eternal in nature, takes birth after birth in different dimensions to keep evolving itself in search of perfection to finally connect or merge with the Supreme Consciousness or the cosmic intelligence.

            The ‘Internet of All Things’ would, however, mean a big compromise with one’s private space as being connected to anything and everything means that everyone would know everything about us allowing the same privileges to us to encroach upon others’ privacy. While we definitely need to debate and discuss the extent and advisability of the same, the idea of continuous expansion of human consciousness being connected to the consciousness of all living and non-living beings ought to be explored dispassionately in the own interest of the Homo sapiens.

            Arguably, if new technologies have taken old jobs, they have similarly created many more new jobs and vocations. The human civilisation has experienced substitution of one kind of economic activity by the other. An agricultural society was replaced by the industrial society and the latter was soon replaced by the service society. So, when the services rendered by the humans are taken over by the machines, new economic activities and preoccupations shall be required to be discovered for the humans to keep them engaged and occupied if we don’t wish to see so many idle minds making a devil’s workshop of our world. These new vocations and avocations should enable us to nurture our muses better to stay connected with the extended cosmic consciousness.

            Instead of cynically cribbing and carping like prophets of doom, we must remain focussed on bettering the future while retaining our faith in the capabilities of the human species. While the ancient hunter-gatherers had multiple skills to survive in the world they lived in, the modern humans work in silos. As such, they have finite, specialized capabilities which could be easily substituted by the AI and biotechnology-mediated machines. The machines perform better with the pre-fed bits of algorithmic knowledge and information. They usually outclass and outperform the humans when it comes to the faster processing and use of this knowledge and information.

            Still, the machines may find it difficult to indulge in abstract or original thinking as effectively as Homo sapiens could. It is here that humans of the future shall need to direct most of their time and energy. As economically less rewarding works shall be difficult to be replaced by machines, it is here also that humans shall continue to be relevant and useful. All areas of human ingenuity, creativity, art, innovation and abstract philosophising would continue to require human mediation and contribution.

            Because of our own convenience and needs, we created and allowed many inter-subjective entities like gods, races, religions, corporations, nations, nationalism and governments to dominate us. It is these inter-subjective entities that are now threatening to devour their creators like the proverbial Frankenstein. As creators and masters, we need to understand the limitations of the same rather than allowing them so much power over us as to start interfering negatively with the quality of our own life. The machines are obviously here for us and not the other way round.

            However, we must utilise the opportunity afforded by these developments to stretch the horizon of our consciousness to connect with the cosmic consciousness to explore the mysteries of the mammoth multiverses. Most of our decisions and actions are already affected and influenced by other human and non-human factors. We are hardly the ‘indivisible’ in-dividuals that we are supposed to be. It is because of this that Rousseau once remarked, “The man is born free but he is always in chains”. If we don’t resist the onslaught of the machines by reinventing ourselves, we shall see more of our freedoms being chipped away by them, making human life further alienating and devoid of any import.

            As this new world of future shall be mediated by machines and technologies, the people with deep pockets shall find it easier to flourish at the expense of ordinary humans. While affluent humans shall use their wealth and resources to continuously upgrade themselves, the ordinary humans are likely to rot. It would also be a real threat to the liberal values and human freedoms, thereby sounding the death-knell of liberalism. The future humans shall be required to regain themselves as ‘in-dividuals’ with indivisible selves and multiple capabilities. We must cease to be a ‘dividual’ (divisible self) that we have become now. The multi-tasking, ever-learning and thinking humans only shall survive the future race of survival. Natural Darwinism is passé now. It is cerebral Darwinism which would matter in the brave new world of future.

            With constant upgradation, adaptation and cognitive enrichment, the future humans could literally turn into super-humans and start playing the God himself. The Hindus and many religions already believe the human consciousness to be nothing, but an extension of the Divine Consciousness. Ensuring equal and equitable access to the opportunities for the realisation of the unbounded possibilities for the evolution of human consciousness and its’ connection or merger with the ‘Internet of All Things’ or the Supreme Consciousness, whatever we may call it, shall be the real challenge in this brave new world.

            And we need to do this while simultaneously safeguarding the liberal values and private spaces. How much the same shall be practically possible and desirable, shall remain a subject of future debate and discourse. In the meanwhile, we must ensure that the humanity as a whole is able to reap the ‘demographic dividends’ much more effectively and efficiently by facilitating better human resource development than it has done so far.

           

Monitoring the Court Cases Better

                                                          *Saumitra Mohan

                A democratic country wedded to the tenets of ‘Rule of Law’ and liberal values presupposes, among other things, existence of a well-oiled system of governance and justice. A liberal democratic country like India has been committed to these ideas and has accordingly been developing its institutions for realizing the basic ethos. India definitely has come a long way since its independence in 1947 when it comes to ensuring the same, more so when it is compared with many of her peers and time-twins across the world. However, we still have miles to go before we can afford to sleep.

            Notwithstanding all the efforts made by the Government and top leadership of our judiciary, we still have huge number of pending court cases in this country. The enormous pendency of these cases also results in delayed delivery of justice as a good number of cases run into years before being finally disposed of. While the same makes the access to justice a costly affair for the common Indian, it also goes against the grain of truth enshrined in the adage, ‘justice delayed is justice denied’.

            As per a statement issued on behalf of the Union Law Ministry in June, 2019, around 43.6 lakh cases were pending in various High Courts of India out of which over eight lakh cases were 10 years or more older. Former Chief Justice of India, Justice Deepak Mishra has said that ‘altogether 3.3 crore cases were pending in different tiers of Indian courts in 2019’. While 2.84 crore cases were said to be pending in subordinate courts, the share of such cases were 43.6 lakh and 58 thousands for the High Courts and the Supreme Court respectively. Reportedly, of all the pending court cases, 60% are more than two years old, while 40% are more than five years old.

            According to the National Judicial Data Grid (NJDG), the five states which account for the highest pendency of court cases include Uttar Pradesh (61.58 lakh), Maharashtra (33.22 lakh), West Bengal (17.59 lakh), Bihar (16.58 lakh) and Gujarat (16.45 lakh). While Indian judiciary has been working on detailed action plans and measures to ensure the speedier disposal of such cases, it is also quite imperative for other stakeholders to chip in with matching plans and efforts to make delivery of justice more accessible and timely.

            Reportedly, there are many Government departments and agencies across India which are involved in a humongous number of litigations because of the nature of the subjects and issues dealt by them. The number of court cases dealt by these government departments and agencies is more also because of the number of stakeholders and people affected and impacted by their functioning is many times more than any other agency or department. Such departments include those dealing with land, health, transport, education, police, agriculture or the ones relating to local bodies and general administration.

            While administration and governance in this country has definitely improved drastically ever since its inception as an independent State, still a huge number of cases are filed every day against different government agencies with some departments shouldering a bigger share of the caseload. While a good number of these cases is putatively frivolous and filed with an intention to take advantage of the systemic weaknesses including delayed disposal of the cases, most of the cases are filed with a view to elicit justice due to the alleged slothful, procrastinating and opaque functioning of some segments of the system of governance in the country.

            It has been noted with concern that many of these agencies and departments are often hobbled and handicapped by different structural and non-structural factors and weaknesses. These make it difficult for them to attend to many of the multifarious demands for government services and benefits in time, thereby attracting a concatenation of litigations against them. Such factors, inter alia, include depleted strength of requisite human and other resources for timely responding to the same. Weak administrative set-up, negligence and structural sloth are some other factors.

            Most of these agencies don’t have the requisite number of officers and staff members to attend to all the court cases as are filed against their departments. Even where they exist, they are not suitably trained to appreciate the nuances of handling such court cases, more so when their number runs in thousands. In fact, some government departments have such a huge number of court cases filed against them that it is humanly impossible for them to attend to the same efficiently and effectively given the problems faced by them.

            While handling the court cases are specialized tasks to be attended by legal mavens, they are mostly dealt by officers and staff members with little legal knowledge or perspicacity. These are the officials who not only draft the affidavits, reasoned orders, instructions to the lawyers and other court responses, but often are also the ones doing the basic clerical jobs including stenography, typing and photo copying the required court documents as there are no dedicated clerical support available for the purpose.

            All said and done, the factors affecting the efficiency and effectiveness of these government agencies are more or less the same as result in the piling of massive number of pending court cases in different tiers of our judicial system across the country. Such factors include unavailability of adequate number of officers and staff members trained to handle sensitive and delicate court cases, absence of basic minimum resources and logistics like vehicular support for regular movement between office, court, lawyers and other stakeholders or the unavailability of the required number of computers, printers and Xerox machines for timely printing or Xeroxing of soft copies of writ petitions, appeal petitions, affidavits and other documents. Vague rules and anomalous government orders is another reason encouraging filing of more court cases against certain government agencies and departments.

            Besides, unavailability of the requisite financial resources for timely payment of lawyers’ fees for defending the government in court or for doing other legal homework like drafting and filing appeal petitions or obtaining certified copies, efficient drafting of reasoned orders and affidavits, absence of efficient  and knowledgeable law officers, timely briefing and instructions to lawyers and a better system of communication among all stakeholders are some of the other factors affecting the timely responses of the responding agencies. Often, the writ petitions or the court orders are not received in time because of sundry factors, thereby delaying the response from the respondents. The latter could happen because of systemic weaknesses, but also happens because of the deliberate collusion of some vested interests.

The delayed response or disposals of cases are also because of the delayed receipt of relevant inputs and reports from the respective stakeholders. The increasingly huge number of cases pending with certain departments or agencies also means that their timely hearing and eventual disposal accordingly gets affected and impacted by the overload of the cases, thereby giving rise to a vicious cycle. Sometimes, the sundry other factors beyond the control of respondents also conspire to delay the timely or effective disposal of these court cases.

Such factors could include loss of file, inability of the subordinate officials to bring the writ petitions or court orders to the notice of the superior officers or actual respondents, long absence of concerned staff or officials conversant or dealing with the matter concerned, unavoidable or prolonged preoccupation of the concerned officials with other assignments or works as directed by their superiors or simply the complexities of the issues involved in the some of the court cases.

            Many of these departments facing massive number of litigations either don’t have the complete record of the court cases filed against them or have actually lost track of the number of cases filed against them because of different structural constraints including poor record-keeping, thereby making it well-nigh impossible to dispose of the same efficiently and effectively. Hence, instead of proactively dealing with these cases, they are usually found to be only reacting to the immediate and emergent court orders as they come.

            Often, the matter involved in court cases are not attended and disposed by the official respondents on the plea of the matter being subjudice. However, they need to understand that as long as there is no express judicial prohibition or injunction against proceeding further, one can very well dispose of the cases. This should be definitely done, at least, after the writ petitions are filed without waiting for the final order. If the petitioners’ claims are admissible as per the extant government rules, orders and guidelines, the same should be granted right away without awaiting the final order. Again, if the petitioners’ claims have not been granted or delayed due to some systemic lapses or wrong interpretation of the obtaining government rules and orders, the respondents should allow the same forthwith as long as there is no stay-order or specific instruction of the relevant court against doing the same.

            The miscommunication, discommunication or the misrepresentation of facts and circumstances sometimes results in the judicial direction being served even upon those officials or agencies who are not connected with the compliance or where the actions or compliances with the relevant court orders don’t lie. The petitioners’ lawyers sometimes implicate the superior officials as respondents just to force an early decision and action in the matter. The ploy often works as the senior officials’ attention, once drawn to the details and merit of the case, ensures early disposal of the cases in line with the demands of the petitioners. However, hauling those who are not responsible for compliance or delayed action on court orders seems to be against the grain of justice.

            Usually, the lower level functionaries are hobbled by the bureaucratese or administrative red tapism for obtaining permission of their superior authorities for filing an appeal in time or for complying with a mandatory court order because of their conflicts with the extant governmental orders, guidelines or policies or simply because the same is beyond their jurisdiction. The departmental protocol, rules of business or standard operating procedure often warrant these functionaries to obtain such prior approval before proceeding or taking a decision on such court orders whose compliance may have implications and ramifications for the existing government policy. Often some court orders impose a financial liability on the government by way of cost, penalty or creation of recurring financial burden by sanctioning employments which also require reference to the higher authority for permission of compliance, more so when an appeal is being contemplated.

            Often late filing or mentioning of appeal before the relevant courts by the Govt lawyers also results in adverse court orders. It is because of the unusual delay resulting in the compliance with some of the court orders that many of the subordinate government officers and functionaries are sometimes unwittingly rapped on the knuckles for no fault of theirs by the upholders of justice. More often than not, these officers or agencies are unable to report the reason for non-compliance with a particular order in the open court for bringing any aspersions to their superior competent authorities for not inviting their wrath.

            Often, such decisions and permission for compliance keep hanging fire for months together for unknown reasons, thereby bringing trouble to the poor subordinate officials in the line of fire who meekly face the music and humiliation in open court. If the relevant files or chain of correspondence are duly checked, the onus for non-compliance shall squarely shift at the portals of those who easily escape through the systemic gaping holes. The fire and brimstone courtroom atmospherics on certain days also pre-empts against the dispassionate hearing of the court cases, thereby discouraging younger and inexperienced lawyers to place the facts before the court. But, that is more of an exception than a rule.

            The personal appearance of the officials heading the offices attracting paranormal number of court cases further compromise the systemic efficiencies of these agencies, offices and departments. Because of the dearth of adequate number of dedicated officers and staff members, such officers spend most of their time in court attending to multiple calls for personal appearance, filing affidavits or having conferences with their lawyers, thereby making them unavailable for attending to regular office functions and responsibilities.

            This not only compromises their primary responsibilities and assignments, the same also makes it difficult for them to organise themselves within the limited resources and logistics for attending to the newer or older court cases for working on the systemic improvements or the quality of disposal of such court cases. They are found to be mostly reacting to the latest court orders being served upon them, hardly finding time to proactively attend to the same, not to speak of finding time to monitor and supervise other services and functions of their offices.

            The problem gets further magnified due to the absence of adequate number of empanelled government lawyers and pleaders to attend to the huge load of court cases. The problematic and byzantine process of their empanelment often leaves much to be desired. Because of multiple cases being listed in different courts simultaneously, the lawyers find it difficult to attend to all of them because of which they are unable to appear in particular courts to defend the govt positions thereby attracting adverse or ex parte orders.

            The delayed payment of remuneration of these lawyers also demotivates them for attending to govt cases. The govt fees for the empanelled lawyers in many parts of the country are often so low that it becomes very difficult to convince senior and experienced lawyers to come on the govt panels. Poor homework, shoddy groundwork and weak defence by some pleaders and lawyers are other reasons for adverse orders against the Government interests. More often than not, a lack of timely communication among different stakeholders including government respondents and pleaders also results in government interests being compromised in many of the court cases.

            Besides, overload of work and absence of officers and staff members also mean that many of normal office works are often compromised and remain unattended, thereby inviting increasing number of court cases. The vicious circle only ends up multiplying the number of pending court cases. A nexus of middlemen and vested interest at different tiers also ensures the systemic dysfunctionalalities, thereby encouraging poor work culture or a popular penchant to resort to court cases than trying better and less costly avenues.

            A timely, faster and transparent disposal of pending petitions and applications for availing different government services and benefits in various govt offices, as is being done in many parts of the country, shall save costs both for the govt and the common people. Ergo, it is more than desirable to improve systemic efficiency through process re-engineering and better service delivery mechanism. Hence, it is also advisable that the problems and challenges as identified above are duly addressed for speedier disposal of pending works in different govt offices and departments while also devising an efficient and effective mechanism for the faster disposal of pending court cases.

            A better system of monitoring and supervision aided and assisted by the tools of information technology, better training of officials, better briefing of lawyers, better logistics and financial resources, a good pool of more experienced lawyers and timely disposal of different court orders coupled with an efficient service delivery in different government offices are urgently warranted if we are to become an extended part of the initiative to expedite the disposal of humongous court cases in this country. Once this is ensured, we can promise justice to every citizen while firmly establishing and strengthening the ‘Rule of Law’ in our country.