Suo motu, pro bono, judgement reserved:

                                                                          In a blame game, the umpire is powerless...

                                                                                       from " Judging the Judge"

 

As his appeals court has gone into deep hibernation, Imaginch frantically searched for a burning issue, to ignite under the court in slumber. It happened to be a lucky day, as he chanced up on a media report regarding a rule change in a foreign country. Undeterred / unfazed by the impact he is likely to cause, for meddling in the affairs of a foreign country (was not sure whether friendly or not), he actively searched for any valid reason that he could get a toe into the affair. He was not disappointed, as many social media posts have already started raising howls, crossing national boundary. He was glad, if and when MEA comes down on deeming it as dabbling in another nation's internal affairs, he will have company and media support to face the diplomatic music.

He decided to take suo motu notice of the issue and list it for very urgent listing and prompt hearing. As a follow through, he narrowed on the choice of an advocate to appear and argue on pro bono basis. While he was getting into his court attire, the image of the most suitable pro bono advocate appeared in his mind. He chuckled to himself and mouthed - An eminent choice, who else but his alter ego!

Imaginch liked to run a tight proceeding in his court. To lay the ground rules, he addressed the pro bono counsel in his chamber and said, " There is no defendant or a defense counsel and definitely no jury. The bench will not interrupt your oral arguments. This is an urgent hearing and submission of written documents is waived, at this stage. However, after the verdict is pronounced, you may submit such papers as necessary as per guidelines of this court. As both started walking into the court, the judge said, "If you are clear, I am all ears to hear your arguments. Thank you for appearing as pro bono counsel."

As soon as he took his seat, he invited the counsel to make the opening statement. 

Promptly standing to his full height, the pro bono counsel, cleared his throat once and gulped a glass of water and started with a "if it pleases the court..." The judge angrily banged the gavel (to test its sound effect) and stared at the counsel.  He knew and the pro bono counsel also knew the matter being argued. Yet for the judge procedure /presence is important whether it is a suo motu case or a regular one. Remembering he had experienced the wrath of this judge, even over silly reasons, the counsel immediately started delivering his opening statement.

"The so-called developed western nations, from time to time stir a hornet' nest with their liberal views of culture and way of living. It is like the placid surface of a very deep lake, hiding whirlpools. Naive, not so serious swimmers try to test its depths to ward off heats of summer. This "Right to disconnect" is one such a fathom less lake. Scuba divers decide to get into uncalled for operation to explore, expose and bring out the hidden whirlpools and other lying-in-wait snares. For a fish the lure always looks attractive.  Before weighing in with reactions, angry outbursts, it may be prudent to spend some time in retrospection."

The judge taken in by the flow, did not understand the point about the need for scuba divers, but let it slide as otherwise the counsel may start a lecture on oceanography. The counsel paused for a second detecting confusion dancing on the face of the judge, but continued -

"Instead of blaming business houses, I hope the agitators are not shareholders in them, they should think where our nation be. Bringing international business is not an easy feat with North-South divide, East-West bias and of course with the racial colouring. Risking financial catastrophe, loss of international standing never deterred them to excel. If this did not make them overwork, what else got them there?

Don't you have personal freedom (as you have indicated in condemning the honchos, decrying their hefty pay packages) to choose how you want to balance your life vis a viz work, or to settle for a lesser paycheck and to anticipate unemployment dole?

To your knowledge has any company, multinational or otherwise reported that their employees are 100% satisfied and grumblings are unheard off? Left and right hiring and firing takes place in those Conglomerates, still don't people like you queue up for a possible opening? 

Nations which employed slavery (without monetary /human considerations), getting bored doing normal governance come up with such plans, from time to time. In blind faith, you have taken to heart and sling abuses - using the "Right to disconnect". Answer these questions (1) Did you realise or not that the magic word "Right to disconnect" has been used earlier during days of slavery and (2) what prevents you from quitting and go on a hike? Come on, try to take this small risk and then judge leaders of industries.

In your personal capacity, what employment potential you have created - be it for a house help, gardener or a driver? If you happen to be an entrepreneur, how you would have ensured life-work balance for your assistants? By you working 24/7 and allowing them to come and go as they please?

Remember, from similar cloth different types of dress styles can be created. But is it possible to make one dress that fits all?"

This analogy perked up the interest in the judge, on another matter- he was trying to get a new robe stitched. Seeing him sit erect in the chair, the counsel feared a verbal lashing, which mercifully did not come. So, he continued- 

"Acts enacted by other countries are applicable only for their workforce. Let us stop imitating them beyond a point and think - You have highly developed mathematics, Science and Engineering skills or otherwise some of you would not have reached their shores on a job offer. Another point is that some of your kith and kin might be eligible to enjoy this "right to disconnect" and is it not worth appreciating?

This country should not and cannot rest now, many more technical niches are to be taken over. It is like this- a passenger can take a nap but not those in charge of ensuring a safe travel to all the passengers, I mean the population of this country. Try to work better with what you have and don't fritter opportunities by falling for false utopia. Reality is hard and harsh.

Compared to millions, you get the basic needs and more, on the dot every month. The working hours long or short is coming with hidden perks such as not so expensive education, top class medical facilities and other host of other things such as vehicle, housing and furniture loans, based on the guarantee of the job - which you are not accounting, in terms of work-life balance.

Enlarge your vision and think about the law enforcement and soldiers. Are they not eligible to or excluded from the Right to disconnect? What about farmers who bring food, vegetables and fruits to your table?"

The judge started to feel the pangs of hunger and his stomach started to growl loudly, silencing the counsel. Sheepishly, he signalled  to continue, thinking why the learned counsel has not included over-worked judges like me!

"Can you adopt this "Right to disconnect" to stop browsing internet and social media? Can you stop net banking and travel, accommodation bookings? Or refrain from carrying out these activities during working hours?

The world is a global village, and it will remain a rhetoric unless the entire globe experiences day or night at the same time. We experience day and nights at different times is it not?  Likewise, we will be subjected to different set of style of governance, suiting local aspirations." The Judge wondered in what way this astronomical fact is relevant to the brief but showed it under advisement!

"Yes. Honchos get a hefty pay package but pay up to 40% as taxes. They have medical facilities but rarely find time to avail it. Hosts lavish dinners only to sip a glass of water (doctor's advice) Have a fleet of cars and private jets but never get to go on a picnic. They try to sleep but day to day business issues keep them awake.

You on the other hand, feast and host get-togethers; book travel tickets using company contracted vendor at a discount; get discounts on purchases using company credentials. You try to sleep but with issues of your own. You commute based on proximity to house, school, hospital and other services, but never fail to blame it on hours spent for work. At will you moonlight or gaslight, what you call it life-work balancing act?

This work-life balance is specific to specific countries. They may have unlimited natural resources, sparse population, large land tracts and immigrant work force. A serious comparison before hitting the glass house with stone is not wise.  Pause to think of your skill set is it in demand? Pause to think of the educated and yet to find employment workforce ready to grab the spot you vacate?

There are a minimum two types of employees: One with backup wealth for generations to come - you have issues with working hours. The other is trying to secure the future for the next generation - grumbles but knows how to triage."  Hurriedly, the judge googled the meaning for triage, without disturbing the flowing argument, only worried about when will it end?   

"Beware! Transplanting this seed into our midst will guarantee a wild growth of alien species. Native fauna and flora will wither and die. Similar will be the chaos of advocating "Rights to disconnect". Instead ask this question- Your needs or Job's needs?

I will answer them for you- If your needs are paramount leave the job and find life-work balance elsewhere. If it is the job that needs you, given the choice you will be made redundant in course of time. As an entity, the conglomerate cannot function thinking it also needs life-work balance."

The flow of incisive arguments strung and twisted the nerves in Imaginch's body. At one point during the arguments, he cursed himself for not exchanging places with his alter ego, he would have loved to make these forceful arguments, uninterrupted. He heard what has to be heard and when the flow of arguments paused, he immediately pronounced "judgement is reserved" and banged the gavel hard, fearing some more arguments. He cursed himself again, "Knowingly why I chose my alter ego as pro bono counsel, has no idea when to stop"