Search This Blog

Thursday 2 May 2019

Why we are addicted to conspiracy theories

Outsiders and the disenfranchised have always embraced the existence of wild plots and cover-ups. But now the biggest conspiracy-mongers are in charge writes Anna Merlan in The Guardian


In January 2015, I spent the longest, queasiest week of my life on a cruise ship filled with conspiracy theorists. As our boat rattled toward Mexico and back, I heard about every wild plot, secret plan and dark cover-up imaginable. It was mostly fascinating, occasionally exasperating and the cause of a headache that took months to fade. To my pleasant surprise, given that I was a reporter travelling among a group of deeply suspicious people, I was accused of working for the CIA only once.

The unshakeable certainty possessed by many of the conspiracy theorists sometimes made me want to tear my hair out, how tightly they clung to the strangest and most far-fetched ideas. I was pretty sure they had lost their hold on reality as a result of being permanently and immovably on the fringes of American life. I felt bad for them and, to be honest, a little superior.

“The things that everyone thinks are crazy now, the mainstream will pick up on them,” proclaimed Sean David Morton early in the trip. “Twenty sixteen is going to be one of those pivotal years, not just in human history, but in American history as well.”

Morton is a self-proclaimed psychic and UFO expert, and someone who has made a lot of dubious claims about how to beat government agencies such as the IRS in court. (In 2017, he was sentenced to six years in prison for tax fraud.) I dismissed his predictions about 2016 the way I dismissed a lot of his prophecies and basic insistence about how the world works. Morton and the other conspiracy theorists on the boat were confident of a whole lot of things I found unbelievable, but which have plenty of adherents in the US and abroad.

Some of them asserted that mass shootings such as Sandy Hook are staged by the US government with the help of “crisis actors” as part of a sinister (and evidently delayed) gun-grab. The moon landing was obviously fake (that one didn’t even merit much discussion). The government was covering up not just the link between vaccines and autism but also the cures for cancer and Aids. Everywhere they looked, there was a hidden plot, a secret cabal and, as the gospel of Matthew teaches about salvation, only a narrow gate that leads to the truth.

I chronicled my stressful, occasionally hilarious, unexpectedly enlightening experience onboard the Conspira-Sea Cruise as a reporter for the feminist website Jezebel, and then I tried to forget about it. I had done a kooky trip on a boat, the kind of stunt journalism project every feature writer loves, and it was over. Conspiracy theorists, after all, were a sideshow.

But I began to notice that they were increasingly encroaching on my usual beats, such as politics. In July 2016, I was walking down a clogged, chaotic narrow street in Cleveland, Ohio, where thousands of reporters, pundits, politicians and Donald Trump fans had amassed to attend the Republican national convention. I was there as a reporter and was busy taking pictures of particularly sexist anti-Hillary Clinton merchandise. There was a lot of it around, for sale on the street and proudly displayed on people’s bodies: from TRUMP THAT BITCH badges to white T-shirts reading HILLARY SUCKS, BUT NOT LIKE MONICA.

Some of the attendees were from InfoWars, the mega-empire of suspicion – a radio show, website and vastly profitable store of lifestyle products – founded by Austin, Texas-based host Alex Jones. For many years, Jones was a harmless, nutty radio shock-jock: a guy shouting into a microphone, warning that the government was trying to make everyone gay through covert chemical warfare, by releasing homosexuality agents into the water supply. (“They’re turning the freaking frogs gay!” he famously shouted.)


President Barack Obama, subject of a number of conspiracy theories, not least that he was born in Kenya. Photograph: Jim Watson/AFP/Getty

Jones also made less adorably kooky claims: that a number of mass shootings and acts of terrorism, such as the 1995 Oklahoma City bombing, were faked by the government; that the CEO of Chobani, the yogurt company, was busy importing “migrant rapists” to work at its Idaho plant; that Hillary Clinton is an actual demon who smells of sulphur, hails from Hell itself and has “personally murdered and chopped up and raped” little children.

Jones and Donald Trump were longtime mutual fans. After announcing his run, candidate Trump made one of his first media appearances on Jones’s show, appearing via Skype from Trump Tower. Jones endorsed him early and often and, in turn, many of the radio host’s favourite talking points turned up in Trump’s speeches. Jones began darkly predicting that the elections would be “rigged” in Clinton’s favour, a claim that Trump quickly made a central tenet of the latter days of his campaign. At the end of September, Jones began predicting that Clinton would be on performance-enhancing drugs of some kind during the presidential debates; by October, Trump was implying that, too, and demanding that Clinton be drug-tested.

Soon after, the US narrowly elected a conspiracy enthusiast as its president, a man who wrongly believes that vaccines cause autism, that global warming is a hoax perpetuated by the Chinese “in order to make US manufacturing non-competitive,” as he tweeted in 2012, and who claimed, for attention and political gain, that Barack Obama was born in Kenya. One of the first people the president-elect called after his thunderous upset victory was Jones. Then, in a very short time, some of the most wild-eyed conspiracy-mongers in the country were influencing federal policy and taking meetings at the White House.

Here’s the thing: the conspiracy theorists aboard the cruise and in the streets of Cleveland could have warned me that Trump’s election was coming, had I only been willing to listen.

Many of the hardcore conspiracy theorists I sailed with on the Conspira-Sea Cruise weren’t very engaged in politics, given that they believe it’s a fake system designed to give us the illusion of control by our real overlords – the Illuminati, the international bankers or perhaps the giant lizard people. But when they did consider the subject, they loved Trump, even the left-leaning among them who might have once preferred Bernie Sanders.

They recognised the future president as a “truth-teller” in a style that spoke to them and many other Americans. They liked his thoughts about a rigged system and a government working against them, the way it spoke to what they had always believed, and the neat way he was able to peg the enemy with soundbites: the “lying media”, “crooked Hillary”, the bottomless abyss of the Washington “swamp”. They were confident of his victory – if the globalists and the new world order didn’t get in the way, and they certainly would try. Just as Morton said, they were sure that 2016 was going to change everything.

Trump’s fondness for conspiracy continued apace into his presidency: his Twitter account became a megaphone for every dark suspicion he has about the biased media and the rigged government working against him. At one particularly low point he even went so far as to accuse his political opponents of inflating the number of deaths in Puerto Rico caused by Hurricane Maria. His supporters became consumed by the concept of the “deep state”, seized by a conviction that a shadow regime is working hard to undermine the White House. At the same time, Trump brought a raft of conspiracy theorists into his cabinet: among them was secretary of housing and urban development Ben Carson, who suggested that President Obama would declare martial lawand cancel the 2016 elections to remain in power. There was also National Security adviser Michael Flynn (who was quickly fired), notorious for retweeting stories linking Hillary Clinton to child sex trafficking.

With the candidacy and then election of a conspiracy pedlar, conspiratorial thinking leaked from its traditional confines to spread in new, more visible ways across the country. As a result, a fresh wave of conspiracy theories and an obsession with their negative effects engulfed the US. We all worried late in the election season about “fake news”, a term for disinformation that quickly lost all meaning as it was gleefully seized on by the Trump administration to describe any media attention they didn’t like. We fixated on a conspiracy theorist taking the White House, and then we fretted over whether he was a true believer or just a cynical opportunist. And as left-leaning people found themselves unrepresented in government, with the judicial, executive and legislative branches held by the right, they too started to engage more in conspiracy theorising.

The reality is that the US has been a nation gripped by conspiracy for a long time. The Kennedy assassination has been hotly debated for years. The feminist and antiwar movements of the 1960s were, for a time, believed by a not-inconsiderable number of Americans to be part of a communist plot to weaken the country. A majority have believed for decades that the government is hiding what it knows about extraterrestrials. Since the early 1990s, suspicions that the Clintons were running a drug cartel and/or having their enemies murdered were a persistent part of the discourse on the right. And the website WorldNetDaily was pushing birther theories and talk of death panels (the idea, first articulated by Sarah Palin in 2009, that under Obamacare bureaucrats would decide whether the elderly deserved medical care) long before “fake news” became a talking point. Many black Americans have, for years, believed that the CIA flooded poor neighborhoods with drugs such as crack in order to destroy them.

 
Trump supporters cheering the then Republican presidential nominee in 2016. Photograph: Jim Watson/AFP/Getty

The Trump era has merely focused our attention back on to something that has reappeared with reliable persistence: the conspiratorial thinking and dark suspicions that have never fully left us. Conspiracy theorising has been part of the American system of governance and culture and thought since its beginnings: as the journalist Jesse Walker writes in his book The United States of Paranoia, early white settlers, including history textbook favourite Cotton Mather, openly speculated that Native Americans were controlled by the devil, and conspiring with him and a horde of related demons to drive them out. Walker also points to the work of the historian Jeffrey Pasley, who found what he called the “myth of the superchief”: the colonist idea that every Native-led resistance or attack was directed by an “Indian mastermind or monarch in control of tens of thousands of warriors”.

The elements of suspicion were present long before the 2016 election, quietly shaping the way large numbers of people see the government, the media and the nature of what’s true and trustworthy.

And for all of our bogus suspicions, there are those that have been given credence by the government itself. We have seen a sizeable number of real conspiracies revealed over the past half century, from Watergate to recently declassified evidence of secret CIA programmes, to the fact that elements within the Russian government really did conspire to interfere with US elections. There is a perpetual tug between conspiracy theorists and actual conspiracies, between things that are genuinely not believable and truths that are so outlandish they can be hard, at first, to believe.

But while conspiracy theories are as old as the US itself, there is something new at work: people who peddle lies and half-truths have come to prominence, fame and power as never before. If the conspiratorial world is a vast ocean, 2016 was clearly the year that Alex Jones – along with other groups, such as anti-immigration extremists, anti-Muslim thinktanks and open neo-Nazis and white supremacists – were able to catch the wave of the Trump presidency and surf to the mainstream shore.

Over and over, I found that the people involved in conspiracy communities weren’t necessarily some mysterious “other”. We are all prone to believing half-truths, forming connections where there are none to be found, or finding importance in political and social events that may not have much significance at all.

I was interested in understanding why this new surge of conspiracism has appeared, knowing that historically, times of tumult and social upheaval tend to lead to a parallel surge in conspiracy thinking. I found some of my answer in our increasingly rigid class structure, one that leaves many people feeling locked into their circumstances and desperate to find someone to blame. I found it in rising disenfranchisement, a feeling many people have that they are shut out of systems of power, pounding furiously at iron doors that will never open to admit them. I found it in the frustratingly opaque US healthcare system, a vanishing social safety net, a political environment that seizes cynically on a renewed distrust of the news media.

Together, these elements helped create a society in which many Americans see millions of snares, laid by a menacing group of enemies, all the more alarming for how difficult they are to identify and pin down.

Let’s pause to attempt to define a conspiracy theory. It is a belief that a small group of people are working in secret against the common good, to create harm, to effect some negative change in society, to seize power for themselves, or to hide some deadly or consequential secret. An actual conspiracy is when a small group of people are working in secret against the common good – and anyone who tells you we can always easily distinguish fictitious plots from real ones probably hasn’t read much history.

Conspiracy theories tend to flourish especially at times of rapid social change, when we are re-evaluating ourselves and, perhaps, facing uncomfortable questions in the process. In 1980, the civil liberties lawyer and author Frank Donner wrote that conspiracism reveals a fundamental insecurity about who Americans want to be versus who they are.

“Especially in times of stress, exaggerated febrile explanations of unwelcome reality come to the surface of American life and attract support,” he wrote. The continual resurgence of conspiracy movements, he claimed, “illuminate[s] a striking contrast between our claims to superiority, indeed our mission as a redeemer nation to bring a new world order, and the extraordinary fragility of our confidence in our institutions”. That contrast, he said, “has led some observers to conclude that we are, subconsciously, quite insecure about the value and permanence of our society”.

In the past few years, medical conspiracies have undergone a resurgence like few other alternative beliefs, and they have a unique power to do harm. Anti-vaccine activists have had a direct hand in creating serious outbreaks of the measles, which they have then argued are hoaxes ginned up by the government to sell more vaccines. There is also evidence that this form of suspicion is being manipulated by malicious outside actors. A 2018 study by researchers at George Washington University found evidence that Russian bot accounts that had been dedicated to sowing various kinds of division during the 2016 election were, two years later, tweeting both pro- and anti-vaccine content, seeking to widen and exploit that divide, too.

Medical conspiracy theories are big, profitable business: an uptick in the belief that the government is hiding a cure for cancer has led people back to buying laetrile, a discredited fake drug popular in the 1970s. Fake medicines for cancer and other grave diseases are peddled by players of all sizes, from large importers to individual retailers. People such as Alex Jones – but not just him – are making multimillion-dollar sales in supplements and quack cures.

At the same time, medical conspiracies aren’t irrational. They are based on frustration with what is seen as the opacity of the medical and pharmaceutical systems. They have taken root in the US, a country with profoundly expensive and dysfunctional healthcare – some adherents take untested cures because they can’t afford the real thing. And there is a long history around the world of doctors giving their approval to innovations – cigarettes, certain levels of radiation, thalidomide, mercury – that turn out to be anything but safe.

Medical conspiracy theories are startlingly widespread. In a study published in 2014, University of Chicago political scientists Eric Oliver and Thomas Wood surveyed 1,351 American adults and found that 37% believe the US Food and Drug Administration is “intentionally suppressing natural cures for cancer because of drug company pressure”.

Meanwhile, 20% agreed that corporations are preventing public health officials from releasing data linking mobile phones to cancer, and another 20% that doctors still want to vaccinate children “even though they know such vaccines to be dangerous”. (Though the study didn’t get into this, many people who feel that way assume doctors do it because they’re in the pockets of Big Vaccine, although vaccines are actually less profitable than many other kinds of medical procedures.)


 
President John F Kennedy and Jacqueline Kennedy travelling in Dallas, Texas, in November 1963, moments before his assassination. Photograph: Jim Altgens/AP

Subscribing to those conspiracy theories is linked to specific health behaviours: believers are less likely to get flu jabs or wear sunscreen and more likely to seek alternative treatments. (In a more harmless vein, they are also more likely to buy organic vegetables and avoid GMOs.) They are also less inclined to consult a family doctor, relying instead on friends, family, the internet or celebrity doctors for health advice.

The anti-vaccine movement is the most successful medical conspiracy – persistent, lucrative and perpetually able to net new believers in spite of scientific evidence. It is also emblematic of all such conspiracy theories: people get caught up in them through either grief or desperation, exacerbated by the absence of hard answers and suspicion about whether a large and often coldly impersonal medical system is looking out for their best interests. And an army of hucksters stands ready to catch them and make a buck.

The king of dubious health claims is Alex Jones, whose InfoWars Life Health Store sells a variety of questionable supplements. Most of Jones’s products come from a Houston-based company called the Global Healing Center and are relabelled with the InfoWars logo. Global Healing Center’s CEO, Dr Edward Group, is also Jones’s go-to health expert, regularly appearing on the programme to opine about vaccines (he thinks they are bad) and fungus (the root of all evil – luckily, one of the supplements that Jones and Group sell helps banish it from the body).

Group isn’t a medical doctor but a chiropractor, although his website claims a string of other credentials, such as degrees from MIT and Harvard, where he attended continuing education programmes that are virtually impossible to fail provided you pay the bill on time. Until a few years ago, Group also claimed to have a medical degree from the Joseph LaFortune School of Medicine. The LaFortune School is based in Haiti and is not accredited. That one is no longer on his CV.

Several disgruntled Global Healing Center staff members spoke to me for a 2017 story about Group and Jones’s relationship, claiming that the company earns millions a year while toeing an extremely fine line in making claims for its products. “Global Healing Center pretends to care about FDA and FTC regulation, but at the end of the day, GHC says a lot of things that are “incorrect, totally circumstantial or based on incomplete evidence,” one employee said.

Nowhere is that clearer than in the claims that Jones and Group make about colloidal silver, which Jones sells as Silver Bullet. Colloidal silver is a popular new-age health product, touted as a miraculous antibacterial and antimicrobial agent that is dabbed on the skin. But Group and Jones advocate drinking the stuff. In 2014, Group told the InfoWars audience that he has been doing so for years. “I’ve drank half a gallon of silver, done a 10 parts per million silver, for probably 10 or 15 days,” Group said reassuringly.

Group also claims that the FDA “raided” his office to steal his colloidal silver, because it is too powerful. “It was one of the things that was targeted by the FDA because it was a threat to the pharmaceutical companies and a threat for doctor’s visits because it worked so good in the body.”

 
Edwin ‘Buzz’ Aldrin on the moon in 1969 – an event contested by many conspiracy theorists. Photograph: Rex/Shutterstock
Colloidal silver doesn’t, in fact, work so good in the body; you are not supposed to put it there. The Mayo Clinic says silver has “no known purpose in the body” and drinking colloidal silver can cause argyria, a condition that can permanently turn skin, eyes and internal organs an ashen bluish color. (Jones and Group acknowledge on InfoWars that this can happen, but only when people are using silver incorrectly.) Jones and their ilk complain that they are under attack by the media, the government and some shadowy third entities for telling truths too powerful to ignore.

Unusually, medical conspiracy thinking is not solely the province of the far right or the libertarian bluish-from-too-much-silver fringe. The bourgeois hippie left participates, too. The website Quartz published an astonishing story showing that many of the products sold by Jones are identical to thosepeddled by Goop, Gwyneth Paltrow’s new-age lifestyle website. And there’s David “Avocado” Wolfe, another new-age lifestyle vlogger, who has called vaccine manufacturers “criminal and satanic” and said that chemtrails are real and toxic. (“Chemtrails” are actually contrails, or water vapour from airplanes, which people in the deep end of the conspiracy pool think are clouds of poison gas being showered on the populace to, once again, make us docile and weak.)

It is only fair to note, however, that these people have been made prominent by the internet, but are also rigorously fact-checked because of it. Jones has been subjected to a very thorough investigation of his claims, particularly since the 2016 election, when his friendship with Donald Trump gave him an enormous boost in public attention. Goop is regularly skewered by doctors, including Dr Jen Gunter, a gynaecologist who takes great joy in wryly puncturing the site’s weirder assertions about vaginal health, such as the benefits of jade “yoni” eggs for vaginal toning.

But it is difficult to figure out whether the two sides balance each other out, whether the scrutiny bestowed by the internet is equal to the new set of consumers it potentially introduces to Goop or InfoWars products. And when people follow the advice of the likes of Jones, it may not only be their wasted money at risk. In October 2017, a nonprofit watchdog group, the Center for Environmental Health, independently tested two InfoWars supplements – Caveman True Paleo Formula and Myco-ZX – and found high levels of lead in both. Myco-ZX is meant to rid the body of “harmful organisms”, and it is one of InfoWars’ most heavily marketed products.

“It is not only ironic, but tragic, when we find lead in dietary supplements, since consumers are ingesting the toxic chemical with every sip and swallow,” CEH CEO Michael Green said in a press release.

“These products are supposed to enhance human health and performance,” Green added, “not lead to increased risk of heart attacks and sperm damage.”

Monday 29 April 2019

What do we mean when we say a cricketer is mentally tough?

Paddy Upton in Cricinfo

At this juncture, it is worth having a conversation about the concept of 'mental toughness', which is currently the most overused and least understood concept in sports psychology. I neither agree with nor use the term.

When helping the Indian players to develop better mental resolve and manage their emotions in preparation for the World Cup, we were not attempting to create 'mentally tough' athletes. Because there is no such thing as mental toughness, and even if there was, the idea of striving to be mentally tough is flawed.

There's no such thing


I contend that mental toughness is like Batman and Superman. We all know them. But they're not real and don't actually exist.

In a review of over thirty published academic papers on mental toughness involving forty-four world-class researchers, it emerged that there is no agreement on the definition of mental toughness. Sport psychologists cannot agree on what mental toughness is. In trying to define this concept, they broke it down into subcomponents like grit, resilience, focus, emotional control, mental control, hardness and so on. Collectively, those thirty-plus papers present as many as seventy-five subcomponents that supposedly make up mental toughness!

Of all the instruments available to measure mental toughness, there are only two that have been validated: The Australian Football Mental Toughness Inventory (AFMTI) and Mental Toughness Q48 (MTQ48). These are the only two instruments that reliably measure what they are supposed to measure.

However, there is no agreement on whether these instruments are relevant for both men and women. There is disagreement about the relevance to different age levels, different experience levels, different levels of competitiveness and, importantly, there is no transfer between sporting codes. Thus, the Australian Football instrument does not necessarily apply to other sports.

Further, when 'mentally tough' players assess themselves, and coaches, who know them well, also assess them, the results are fundamentally different. There isn't even agreement over how players see themselves and how a coach sees those same players. There is also no agreement on whether mental toughness is to do with nurture (something we're taught), or nature (something we are born with).

What becomes patently clear from a review of these academic papers and literature on mental toughness is that sport psychologists, who are supposed to be the experts, cannot define and don't even understand the concept. And yet, as coaches and parents, we continue to use the term and judge players based on it. Players also use it to judge each other and commentators apply it liberally in their descriptions of players.

How then should we ordinary sportspeople interpret the findings and subcategories in those thirty-odd research papers on mental toughness? Let's have a closer look.

The following is what, and who, some of these researchers studied: 160 elite athletes, ten international performers, twelve mentally tough UK cricketers, eight Olympic champions, and thirty-one elite coaches. In other words, what the world's academics are trying to tell us is that they've studied the world's best.

Psycho-what? 

When we study the best of the best, consider the following as a list of definitions associated with mental toughness: massive belief in self and one's ability; emotional control; clear thinking under pressure; ruthless pursuit of goals; operating well in chaos; not intimidated by others; unaffected by loss and failure; easily spots weakness in opponents; inspirational, popular, influential; and compulsive liar.

I would bet that, until you got to the last point, you were in agreement that this was a pretty accurate list of mental toughness attributes.

However, the list I provided above is not a list of definitions of mental toughness - those are character traits of psychopaths taken from an article on psychopathy.

At this juncture, you'd be perfectly justified in asking why on earth I would include this list of psychopathic traits in a discussion on mental toughness. What if I told you that the academics who studied mental toughness amongst elite athletes might unknowingly have unearthed their psychopathic traits and prescribed these as characteristics of mental toughness? Barring only one or two, the traits are the same.

Okay, so who are these people, and how many of them are out there?

Psychopaths are born with brain functioning that is different from 'normal' people, and this is not reversible. As luck would have it (for them), these brain differences manifest outwardly in that individual possessing many of those performance assets mentioned earlier - all of which are highly sought-after qualities for success (and leadership), and of so-called mental toughness. This is the reason for so many psychopaths achieving such high levels of success in business, as well as in politics and sport.

Prof. Clive Boddy from Middlesex University suggests that one out of every hundred people is born a psychopath. He suggests that one in twenty managers in corporate America is a psychopath, called a 'corporate psychopath' because they thrive in business environments. In industries like the media, the legal fraternity, finance, banking and politics, Boddy suggests one in five top executives or CEOs are in fact psychopaths. Research has not yet been conducted on the prevalence of psychopaths in sport, but do the math.

If this is the first time you've encountered the concept of corporate psychopaths, you may be struggling to join the dots between serial killers and successful businessmen (and athletes). The only difference between a corporate psychopath and Hannibal Lecter (Silence of the Lambs) and Co. who torture animals as children and end up as jailed serial killers as adults, is their propensity for violence. Illustrating this point, one study at the University of Surrey on thirty-nine high-level British executives compared their psychopathic traits to those of criminals and psychiatric patients. They found that business executives were more likely to be superficially charming, egocentric, insincere and manipulative, and just as likely to be grandiose, exploitative, and lacking in empathy as criminals and psychiatric patients. The criminals only scored higher than these executives on being impulsive and physically aggressive.

If you're still not quite joining the dots, remember Lance Armstrong, the cancer survivor and seven-times Tour de France champion who put both cycling and the fight against cancer on the world map! A study of Armstrong the cyclist will reveal possibly all you need to know about what mental toughness looks like.

This is the same person that the United States Anti-Doping Agency (USADA) called 'the ringleader of the most sophisticated, professionalised and successful doping programme that sport has ever seen'. He cheated, lied and bullied his way to those seven titles, and when threatened with exposure, he covered his tracks, intimidated witnesses and lied to hearing panels and to the world. When the prosecution presented irrefutable evidence of his doping from twenty-six people, including eleven of his own teammates, he still vehemently denied having ever doped. The prosecution went on to suggest that some of the most shocking evidence had to do with Armstrong's vindictive, mendacious and vicious character. One report suggested, 'He comes across less like a cyclist, more like a psychopath.'

Without going too far down this rabbit hole, the following is worth noting: What sport psychologists, coaches, parents and players are prescribing as a model of mental toughness is equally likely to be the success-producing traits of highly successful and highly functional psychopaths. I have worked with a few psychopaths. I've seen the so-called attributes of mental toughness in them, which help deliver results on the field. I have seen how fans, friends and the media adore these people. But I have also seen what it looks like when their mental toughness is unmasked as psychopathic behaviour. They come across as being narcissistic and entirely self-serving, compulsive (and clever) liars, manipulators without any remorse and an inability to take responsibility for their errors. These are not qualities we should encourage as general conditions for performance.

In short, psychologists themselves cannot agree about what mental toughness is. At best they have provided a list of seventy-five subcomponents to describe the concept. There's also a case to suggest that researchers have inadvertently identified the success-producing traits of a sports version of the 'corporate psychopaths', and are prescribing those as a model of mental toughness. Although only a recently detected (and initially confusing) phenomenon, there are already a few papers published and books written on corporate psychopathy, which we might hear more about in the time to come. One final note is that corporate psychopaths exhibit degrees of psychopathy, with some possessing a greater number of psychopathic traits than others, both positive and negative.

Mental toughness as a failed concept

The second reason Gary and I were not trying to create mentally tough players relates to the judgement directed at athletes based on this. It's sad that someone is either mentally tough, or not. And if they're not mentally tough, they're 'fragile', 'weak', 'soft', 'they crumble under pressure', 'they can't handle the heat', 'they're insecure', 'they're vulnerable' or 'they're doubting'. That's how we label athletes who make mistakes under pressure.

Here's the rub. Except for out-and-out psychopaths, all other athletes, professional and amateur, make mistakes, often under pressure, and all of these so-called mistakes are frequently labelled as 'weak' and 'soft'. Almost every one of us has doubts and insecurities. I have hardly ever worked with an athlete who is fully confident, secure and ever positive. Sure, I have worked with some who are good at hiding their doubts, but their vulnerabilities and insecurities still gnaw away at them from the inside. They try really hard to protect themselves from the public perception that these normal human fragilities are in fact unforgivable weaknesses. But they all have them. The 'mentally weak' labels we place on those who fall short of our unrealistic expectation of perfection are harsh, unfair and I'd say, uneducated.

I did some of my best and least effective mental conditioning work with Gautam Gambhir, the International Test Cricketer of the Year in 2009. I worked with him up until that time, but I had little to do with him being named the world's best cricketer.

Often, when I got onto the Indian team bus, Gautam would invite me to sit next to him. What followed was predictable: 'Paddy, man, I know I just scored 100, but I should have got 200. I mishit too many balls, I struggled in the beginning, I hit the fielder too many times ... It just wasn't good enough. I need to sort things out.' He would be in mental agony about losing his wicket and about needing to fix things.

He was so riddled with insecurities, doubts and vulnerabilities. He was one of the most negative people I have ever worked with. I tried everything I knew to at least try to get him to be a bit more positive, become more optimistic, and to at least get some perspective.

We must have had fifteen sessions on the bus in one year, but I just couldn't help Gautam shift. Until I came across some research that could potentially help me understand why. It was either that I lacked the skill or knowledge to help Gautam (which could have been the case), or there were some lessons to be learned from Martin Seligman's work on positive psychology.

Positive self-talk, being positive, is very important, especially when we want people to 'believe'. It's the 'Yes, we can' attitude that defined President Barack Obama's first presidential election campaign.

However, research suggests that most people sit somewhere on a continuum between being an optimist and being a pessimist, with 100 standing for über-optimistic and 0 for pessimistic. Gautam was definitely wired towards the 'lower' end of the optimism/pessimism scale; let's say his range was from 20 to 40, with 30 being his normal. When he scored 150, he would be disappointed at not scoring 200. And when he got the ICC Test Cricketer of the Year award, he shifted to about 40, but he very soon moved back to his set point at around 30. When he didn't score runs in 2 or 3 consecutive innings, he'd drop down to 20.

No matter what we did, Gautam was negative and pessimistic. In his remarkably honest interview after receiving the ICC award, he said, 'The award does nothing to help overcome my insecurity. I can't help it.' I'm not letting out any of Gautie's secrets here either; he has openly acknowledged his insecurities and doubting mindset.

Using the popular notion of mental toughness, he was one of the 'weakest and mentally most insecure' people I have ever worked with. But at the same time, he was undoubtedly one of the best and most determined, and successful, Test batsmen in the world. Something he would prove, yet again, in the 2011 World Cup final.

So, when we tell people to have positive self-talk - this pillar or subcomponent of mental toughness - it would probably work for about 50 per cent of them, those who are lucky enough to be wired on the optimistic side of the scale.

When a great athlete who also happens to be wired as an eternal optimist has an accident, breaks their body or worse, is paralysed, they might go from being 95 on the scale to about 75. That is their low end. But they're still very high on the 'positive' side of the scale. And as soon as they accept and then reconcile with their situation, they shift back to 90 or 95 on the scale. And those people are the ones who are generally admired for being mentally tough; the eternal optimists. They become the shining light we all have to aspire to, and they are often encouraged onto the public speaking circuit where they share their optimism in an attempt to help others become as positive as they are. Audiences are inspired and motivated, but only temporarily, before the vast majority return to their normal set point, often the very next day.

Trying to engage in positive self-talk for people who naturally have more negative thoughts can be frustrating, and because they often can't get it right, can cause them to further think negatively about themselves.

In Oliver Burkeman's book The Antidote: Happiness for People Who Can't Stand Positive Thinking, he suggests taking a radically different stance towards those things most of us spend our lives trying hard to avoid, like failure, negativity and death. He makes a case for learning to enjoy uncertainty, embracing insecurity and becoming familiar with failure. We're often told to 'face your fear', to embrace it rather than run or hide from it. It turns out, we might also benefit from facing and experiencing negative emotions - or, at the very least, by not running quite so hard from them. Fear of failure is one of the world's most prominent negative thoughts. Failure will happen, so why not rather face and embrace it?
After all those sessions of trying to get Gautie to be more 'positive', which never worked, at least not for any length of time, I changed track and got him to try and accept exactly how he felt.

We made it okay to feel frustrated, negative and disappointed. Once these thoughts and feelings were acknowledged, we'd say, 'Okay. So, what do you need to do to get even better?'

Seligman contends that it is possible to learn to be more optimistic about a negative situation; he calls it 'learned optimism'. Let's use the example of a batsman scoring three low scores in a row. An optimistic approach would be to attribute it to external circumstances. 'It was unlucky', rather than the pessimistic approach of turning the mirror inward and blaming yourself by saying, 'I'm not good enough'. Next is to see it as a setback in one small area of your life: 'It's just my batting, but so much else about my game and life is great', rather than an all-encompassing negative perspective of 'I'm a failure'. Finally, and not necessarily in this order, is to see that the failures are temporary. 'This will soon pass and I'll be back to scoring runs', rather than 'I don't know if I'll ever get out of this slump', which is the more permanent worldview of the pessimist.

Because of the way they view problems, pessimists suffer 'poor form' for longer than optimists. In fact, Seligman's work suggests pessimists are eight times more likely to become depressed when bad things happen, they do worse at school, in sport and at their jobs than their talent suggests, have poorer health, shorter lives and rockier relationships. This is a tough pill to swallow, considering that over 50 per cent of people are wired on the pessimist side of the continuum. The good news is that optimism can be learned, by attributing the problem to external factors, seeing it happening in only a small area of your life, and as being temporary.

It's also worth mentioning that a dose of pessimism is healthy, especially in situations where mistakes may have significant consequences. Where optimists will charge ahead with full (sometimes unfounded) confidence and without much considered thought, pessimists will think through everything that can go wrong, take necessary precautions and come up with contingency plans. Pessimism helps by preventing us from taking unnecessary risks or acting recklessly. Any athlete engaging in a dangerous sport needs to have a healthy dose of pessimism. Too much, and they'll never get out of the starting blocks; too little, and they may not reach the finish line. George Bernard Shaw famously said, 'Both optimists and pessimists contribute to society. The optimist invents the aeroplane, the pessimist the parachute.'

Because people are different, the concepts of being mentally tough, positive and optimistic, or of being in control of one's emotions, at least outwardly, are unrealistic for everyone. M.S. Dhoni, as an example, has incredible emotional control. He never shows emotion, and he is lauded for that. Just as with being openly optimistic as opposed to being pessimistic, 'having emotional control' is sometimes seen as evidence of a player's mental toughness. But I would go as far as to say, with the greatest respect for MS the man and the cricketer, that it is not emotional control, but lack of access to emotions. MS is not wired as an emotional type. It's almost as if he doesn't have them; a performance-enhancing gift from birth. Imagine taking that trait as the ultimate characteristic of a 'mentally tough' athlete, and then try to prescribe that to someone who is very emotionally wired, like his successor Virat Kohli. Virat uses his visible and overt emotional charge to drive his success, whereas MS's success is facilitated by his lack of emotional charge.

The emotional and mental side of the game does not have generic prescriptions for performance. 'Mental toughness' is perhaps not even a generic drug. It's closer to being a placebo prescribed by coaches, psychologists and academics who don't really appreciate the art, beauty and complexity of working with athletes as individual human beings first, and as high performers second. When the placebo doesn't work, the athlete gets blamed.
Judging athletes who are not 'mentally tough', optimistic and positive, inhibits us from effectively dealing with the legitimate mental side of the game -specifically when instruction-based coaching is the preferred method.

I honestly believe that we should do away with the concept of mental toughness and replace it with something that is more real and relevant to most people. It has to be authentic to the individual and something he or she can relate to. The overwhelming majority of players lack confidence, have insecurities, doubts and vulnerabilities. So do most of us. We're human and this is normal. Let's keep it real.
With this in mind, our strategy with the Indian team was not to convince the players of how special and tough they were. The media and fans tried to convince them of that 24/7. Our job was to convince the players that they were actually human, and thus to keep things real. Enclosed in that acknowledgement were relief, understanding of the self, and the tremendous power that flowered in conditions that could otherwise easily see self-proclaimed superstars choke up.

Saturday 27 April 2019

Why Ashwin was right and Dhoni wrong

You're all out of strikes: there's nothing in the Laws that suggests it's a bowler's duty to warn an offending non-striker before running him out writes Simon Taufel in Cricinfo 


The main talking points in an IPL often have to do with the performance of match officials, decisions being challenged, player conduct, and matches finishing well beyond the scheduled time. This season, umpires have come under increased public scrutiny due to a couple of incidents that made instant headlines and continue to make for heated debate.

R Ashwin's run-out of Jos Buttler early on in the season was fiercely discussed by all stakeholders and commentators. Ashwin said it was instinctive. Buttler said it left a sour taste. The MCC, the custodians of cricket's laws, said the Indian player was hurting the spirit of cricket, and that his actions were deliberate.

A few weeks later, another senior Indian player, in fact one of the most venerated, MS Dhoni, charged into the middle to challenge a no-ball call that seemed to be called and then revoked by the on-field umpires. Dhoni subsequently pleaded guilty to the charge and copped a fine.

Let us look at both incidents to try and understand the role of the umpires and the players involved, and who was right or wrong.

Ashwin's Buttler run-out had nothing to do with spirit of cricket

I was in India when the incident happened and I saw it on TV. Subsequently we had an MCC Laws sub-committee meeting and discussed the event. Also present on that call was Geoff Allardice, the ICC's General Manager of cricket, given that a World Cup is just around the corner.

My view on this particular issue is, it has nothing to do with the spirit of cricket. During our discussion, we spoke at length about Law 41.16. The intent of the law is that the non-striker should not leave their ground at the bowler's end before the ball is delivered. This is why the ICC has stipulated within their regulations and interpretations that the bowler can dismiss the non-striker run out up until the bowler's arm reaches the top of the delivery swing.

What I did say to the MCC was that maybe we could help people understand that this incident had nothing to do with the spirit of cricket but rather everything to do with the run-out rule (which is Law 38) by repositioning this clause about unfair advantage under that Law in future.

At Lord's in 2011 I sat on an ICC Cricket Committee meeting, across the table from Tim May, then the players' representative on the panel. May strongly advocated that he wanted to see this type of situation be under the purview of the rules governing run-out dismissals. The committee debated that at length and it was decided to tweak the ICC playing conditions so that it was no longer the back-foot landing that was regarded as the point of no-return in such cases but rather the point of normal release, which is when the bowler gets to the top of their delivery swing. As a result, the bowler would have a lot more opportunity to run out the non-striker. The representatives of the players were in favour of this type of run-out if the non-striker was backing up too far (intentionally or not).


I go back to the intent of Law 41.16, which is to ensure the non-striker stays in the crease until the moment of release. If the non-striker does not do that, he or she is breaching the Law. It is he or she who is gaining an unfair advantage.

All Ashwin did was appeal to the umpire for a run-out dismissal. He stopped short of delivering the ball and did not go through with his delivery swing. For him to be subject to adverse commentary that amounted to character assassination regarding his supposed contravention of the spirit of the game, is incredibly unfair in the way the Laws are written and the way they are to be applied.

Both the on-field umpire and the third umpire did not feel he deceived the non-striker by waiting too long before breaking the stumps within dealing with the appeal - the ball was deemed by them to be still within play.

Several years ago, before answering these kinds of run-out appeals, as umpires we checked with the fielding captain whether they wanted to continue with the appeal first. Around 2011, the captains collectively expressed misgivings about this process, saying they did not want pressure to be put on them about whether to continue with an appeal or not. As a collective, they asked the umpires to simply answer the appeal if one was made.

ALSO READ: Monga: The spirit of cricket is no substitute for the Laws

People also accused Ashwin of premeditation. My response to that would be: well, so what? Bowlers attempt to get batsmen out lbw, bowled, caught, or by any other form of dismissal. Aren't all these premeditated? So I don't see how that is a relevant argument at all.

I also found it interesting that many pundits and players have spoken about how Ashwin should have given Buttler a warning. Giving a warning is a myth; there is nothing in the Laws about it. Given that the ICC Cricket Committee and the MCC have made it clear how they want the game to be played, why is such a warning required? If the non-striker does not want to be run out at the bowler's end backing up, then they must stay in their ground until the ball leaves the bowler's hand.

From an umpire's perspective, it is a situation that is almost impossible to manage on their own, which is probably why the Buttler run-out was referred to the third umpire. It is interesting that it was referred, given that the on-field umpire didn't necessarily think the ball was dead, and at no stage did Ashwin actually get to the point of vertical delivery. It is subjective as to whether or not he actually got to the normal point of release. So it is very understandable that Buttler was given out run out.

There are several challenges in a situation like this for an umpire. It is an incredibly difficult Law (41.16) to enforce at the bowler's end. The umpire's challenge is to watch the back foot and/or the front foot, the point of normal release, the ball coming into view, and whether the non-striker is backing up. And then answer the run-out appeal, making a decision about whether or not the batsman was in their ground or short when the stumps were put down. You can imagine how difficult that would be because you can't watch everything at the same time. It is a very challenging and somewhat impractical law for an umpire to judge, especially without the support of a third umpire.The umpires should have avoided engaging with MS Dhoni when he walked on to the field to protest the call BCCI

I believe good umpiring should be proactive. You solve problems before they happen. Personally, if I see a batsman backing up too far, I ask them to come back. If I see a bowler who is getting too close with back foot or front foot, I will tell them they are getting close, and if they continue to do this, it is likely a no-ball will be called. If I see a fielder who is getting pretty close to infringing the fielding restrictions, I would remind them to be in the right position, otherwise a no-ball call is likely. Good umpiring is about maintaining a policy of no surprises and keeping the focus on cricket. That was my style, but the game has moved on a little bit since I have retired.

I was in India and spoke to Ashwin soon after the incident. I reaffirmed to him that it was unfair and not appropriate for various people to pull him up for breaching the spirit of cricket. I made contact with him to make sure he was fine and not affected by the comments, and to support him on a human level. I told him he was within his rights to appeal and to attempt to run out the non-striker.


Dhoni crossed the line

My first reaction at the incident of Dhoni going on to the field to talk to the umpires was that of surprise because one of Dhoni's great strengths that I have seen over the years is his composure and his ability to handle adversity or difficult moments with a high degree of acceptance, to consider his options and then act in a measured, controlled way.

I get that these are high-pressure moments - lots of things are riding on these games, a lot of money is involved, and there is a lot of excitement and passion within the ground and outside it. I do understand this environment, having had first-hand experience officiating in many IPL finals.

But non-participating players or even coaches and managers entering the field of play to approach an umpire is not right. MS acknowledged this by accepting and pleading guilty to the charge imposed by the IPL match officials.

I would have preferred personally that the umpires did not even talk to him, and instead asked him to go away and not involved themselves in a discussion with him at the time. It is important that umpires don't let themselves be surrounded by players, and that they make their decisions without any perception of being influenced.

ALSO READ: IPL's soft signal on Dhoni is a chance put down

From what I observed, MS seemed to be pointing out that the umpire at the bowler's end had raised his arm to signal a no-ball and he later went back on that call. Now, the primacy of the call belongs to the umpire at the bowler's end. As a point of protocol, you do look at your colleague at square leg to help judge accurately the height of waist-high full tosses and bouncers above head height, before calling them.

While the square-leg umpire can raise their arm to signal a wide or a no-ball to their colleague, they are not calling it. Let us be very clear: it is the jurisdiction of the bowler's-end umpire, with support from the square-leg umpire.

In this particular case the no-ball was signalled by the bowler's-end umpire, who stuck his arm out without waiting to confirm the height judgement with his colleague at square leg. And the square-leg umpire himself had not signalled a no-ball. So the bowler's-end umpire perhaps second-guessed himself and (then) decided to retract or discontinue the no-ball call process. He did not revoke his original call, which was for a no-ball. Had he done so, it might have avoided some of the confusion.

Adding to the confusion, the stadium announcer signalled a free hit on the big screen, which obviously left the players further unsure as to what the situation was.

I would have much preferred to have seen the umpire at the bowler's end back himself and be confident with his original call, because from the officiating perspective, normally your first call or gut instinct is the right one. The replays I have seen seem to support the original call in this case.

Be that as it may, there is no reason for the batting captain to come onto the field and contest the decision or seek clarification while the match is in progress. In this case, Dhoni did cross the line.


The unrealistic expectations placed on umpires

High-quality camera work, technological advances in television broadcasting, and the presence of several commentators at each match have allowed TV audiences as well as fans at the ground to get closer to the action. The fans are now being provided a lot more information on the game than in the past. The heightened involvement of the broadcasters and the media in matches means there is more to be shown, more stories to be told, and more to be scrutinised.

Our game is perfectly imperfect. By that I mean that technology does not solve all of our problems. It is almost replacing one set of problems on the field with another. When you add a new element to the game, such as third-umpire technology, while that might seem to solve a couple of problems, it also creates a whole list of other challenges, involving training, consistency, and accuracy of match officials.

ALSO READ: How simple is spotting a no-ball?

Technology is not perfect. Hot Spot doesn't always show a mark. Real-time Snickometer or Ultra Edge don't always show a spike. Ball tracking has an in-built margin of error. The white ball doesn't stay white. The white line of the crease gets scuffed away where the bowlers' feet land.

Even when we have up to four umpires involved in a match - two on-field, a third, and a reserve on the boundary - they all don't necessarily seem to make the same decisions for the same reasons, or they may not always initially agree on one course of action. It is part of the beauty of sport.

But the best in the world make the fewest mistakes. Still, even the best umpire in the world will not have a great performance every day. You have to bear in mind that it is the human aspect that we need to remind ourselves of here.

People expect umpires to be perfect and somehow get better. That is an unrealistic expectation. Umpires cannot be perfect, but they can be excellent. We need to be a little more accepting, and appreciate that everyone is doing their best.

Friday 26 April 2019

Why the Indian Supreme Court Has Found Itself in an Embarrassing Controversy

There is an important question before the judiciary: Who will be the custodian of the custodians? Rajeev Dhavan in The Wire




Chief Justice of India Ranjan Gogoi (centre). Credit: PTI




Between December 2018 and April 2019, certain controversies concerning the Supreme Court of India have surfaced:

The first concerns the dismissal of an employee for taking casual leave and protesting against her transfer.
The second surrounds the scandalising of the chief justice of India by the said employee.
Third, the remedial action taken by the Supreme Court suo motu (on its own) under the writ jurisdiction of the court with the chief justice on the bench but not passing the order signed by Justices Mishra and Khanna.
Fourth, involving the exclusive in-house procedure for high court and Supreme Court judges.

These controversies are ongoing and may in, as much as they can, put the very notion of justice on trial. Our Supreme Court has often quoted Lord Atkin’s observations in a contempt case of 1936:

“Justice is not a cloistered virtue: she must be allowed to suffer the scrutiny and respectful, even though outspoken, comments of ordinary men.”

This article is not intended to obstruct justice or bring into disrepute our justice system – with the Supreme Court at its apex – or the high office of the chief justice of India. It examines issues of due process and procedure.

Dismissal of an employee

An unprecedented controversy has arisen concerning an employee, who was transferred from the CJI’s ‘home’ or residence office, was suspended and later dismissed from the Supreme Court’s service. The charges against her included questioning her transfer, bringing/soliciting undue influence from the president of the Supreme Court Employees Welfare Association on her transfers and taking leave without approval.

Her response was that she had been transferred three times, she had gotten leave for her daughter’s function and was asked to attend office for a little while but couldn’t and the branch officer was informed, and she had spoken to the president of the employees association to find out what was happening but not to influence outcomes. After her suspension order on November 27, 2018, she was asked to appear before a departmental committee hearing on December 17, 2018, but collapsed outside the door due to anxiety and was told on December 19, 2018, that the charges against her had been proven.

The next day her husband wrote to the officer concerned to present her defence statement. However, on December 21, 2018, she was dismissed from service. In another part of the story, with which may not directly be concerned, her husband and brother-in-law were dismissed from the Delhi police on a basis unconnected with the Supreme Court; namely a prior incident of 2012 which had been mutually settled and for links with undesirables.

Also read: Why the Panel to Investigate Sexual Harassment Allegations Against CJI Is Problematic

Far from being a drop in the ocean, or a storm in a teacup concerning an employee, it concerns the administration of justice by the Supreme Court’s administration. I assume that the Supreme Court Officers and Servants (Conditions of Service and Conduct) Rules 1961 apply. Dismissal from service is a major penalty, though it is not clear from the information available whether her dismissal would disqualify her for future employment (under Rule 11).

It is arguable that such a major penalty should not have been imposed; and although formal procedures were followed, they may have been insufficient and hurried. That can only be found when we examine the record of the inquiry which statutorily would include the charges, a written defence, oral and documentary evidence, orders of the Disciplinary Authority and a report.

Thereafter, due process would have dictate whether a major penalty must be imposed – which would normally follow if there is conviction on a criminal charge or “where the Disciplinary Authority is satisfied for some reason to be recorded in writing it is not reasonably practicable to give to the Court an opportunity of showing cause before (awarding) any of the (major)… penalties…” (Rule 13).

Until we have the full record, we shall not know of the details of the rigour of the due process that were followed or the reasons for not doing so, bearing in mind that the woman had the same protection that civil servants under Article 311 of the constitution possess. For the present, the internal justice meted out to the employee seems in violation of due process and prima facie excessive. This is becoming more and more evident as information is coming out that she was not given a proper hearing and crucial witnesses were not examined at the inquiry. At the age of 35, her chances of further employment have been diminished.

Though not part of the charges, in the Supreme Court, it transpired that an FIR was filed against her on March 3, 2019, allegedly for taking a bribe from the informant (NK) who gave her a part payment of Rs 50,000 (part of Rs 10 lakh to be paid) to secure a job in the Supreme Court. She was granted bail on March 12, 2019, but the case was transferred to the Crime Branch which moved for the cancellation of her bail. In turn, she complained, later in March, of harassment by the police, writing letters to the prime minister, National Human Rights Commission and others. If this is a case of victimisation, it would raise more issues.

It could be argued that a little injustice here or there will not dent the majesty of the law. But surely the motto of any court action in its administrative or judicial side must be: “We, who fight for justice must ourselves be just.”

Scandalising the court justice

According to the law of contempt, if a person or media makes any allegation against judges or justice system which brings them in disrepute can be punished for scandalising the judiciary. This offence was invented by Justice Wilmot in 1765 in a draft order never delivered in the John Wilkes affair, but published in 1802 by his son.

Since it covers the media, it is a species of constructive contempt. It is included in the definition of criminal contempt under India’s Contempt of Courts Act 1971 (Section 2 (c)(iii)), and in any case also draws from the high court and Supreme Court power as a court of record with the specific power to punish for contempt (constitution Articles 129 and 215) and any other power in addition to the powers under the Act of 1971.

In a 1899 Privy Council case, English judges said this offence was “obsolete” for England, but may be relevant in “small colonies consisting principally of the coloured population”. This redemption for English justice was short lived and scandalising the judges was revived, but used sparingly in recent years. In India, the scandalising jurisdiction is used more frequently, despite the caution of Justice Krishna Iyer in the Mulgaonkar case (1978).

With this introduction, let us turn to our case. On April 19, 2019, the woman who was dismissed wrote to 22 judges of the Supreme Court detailing sexual harassment and sexual advances by the CJI in October 2018, giving explicit details of events when advances were made. She claimed further humiliation by being forced into apology under pressure for her insolence and that her dismissal was a case of victimisation, since the alleged major embarrassing incident took place on October 11, 2018. For our present purposes, we need not elaborate on the details.

Also read: Why CJI Gogoi Should Step Away From Judicial Work Till In-House Inquiry is Complete

What is important for our purpose is that when the media sought clarification from the CJI, the relevant response of Secretary General Sanjeev S. Kalgaonkar (apart from denying victimisation, and asserting that her family had criminal antecedents and treating the allegations against the CJI as an after thought to her dismissal) categorically stated:


“The allegations regarding 11th October 2018, as well as other allegations as can be discerned from your emails are completely and absolutely false and scurrilous and totally denied… the motive behind these false and scurrilous allegations is obviously mischievous.”

Whether this response was shared with the CJI before or after it was made is not clear, though no Secretary General would normally make such a public reply without consultation. One must, therefore, take this statement as the official response of the Supreme Court in consultation with the CJI. Hence it was the CJI’s response as well.

It is necessary to add that after the Vishakha case (1997), cases of sexual harassment are to be dealt with by a special procedure. But the Supreme Court’s Gender Sensitisation and Sexual Harassment of Women Regulations 2013 exclude complaints by employees in that Regulation 2 (a) defines an aggrieved person to exclude “a female already governed by the Supreme Court Service regulations”. This is a significant exclusion, denying the rigour of sexual harassment procedures which are applicable to non-employees within the precincts of the court but not the employees.

Be that as it may, the #MeToo movement has advanced the presumption that the complainant’s version be treated as prima facie bonafide. A sexual harassment case against CJI Gogoi needs to be moved forward.

Procedure for scandalising

We must pause here for a moment because the Secretary General clearly felt that a case of scurrilous scandalising is made out, the procedure ahead is clear. Under the Contempt of Courts Act 1971, a case of criminal contempt can only commence if the Attorney General or Solicitor General permit or if the Supreme Court does so on its own motion (Section 15 of the Act 1971). The way forward was simple. Issue notice of contempt to the woman and anyone else who repeated the alleged scandalising comments including the media. But the court did not initiate a notice of contempt nor did the Solicitor General present such a motion to the court.

Therein lies the problem. If such a notice was issued, the contempt proceedings would normally be in open hearings. Both the Mulgaonkar case concerning the Indian Express (1978) and Shamlal concerning the Times of India (1978) were about exposing the pusillanimity of Supreme Court judges during the Emergency. Except Chief Justice Beg, no one wanted this. Two of the judges (Justices Chandrachud and Bhagwati) were in line to become CJIs. Justice Krishna Iyer, behind the scenes, and in his judgment counselled restraint to avoid further publicity, which is inevitably one of the consequences of contempt hearings in open hearings. No less, the views aired at the time were that even though truth was not specifically a defence, it would be invoked against the justices.

Justice Krishna Iyer told me he was well aware of this consequence. His judgment constitutes what have come to be called the Mulgaonkar guidelines. No contempt – no controversy. After the amendment of the Contempt of Court Act 1971, in 2006, Section 13 of the Act specifically allows truth as a defence. The relevant portion reads:

“13. Contempts not punishable in certain cases – Notwithstanding anything contained in any law for the time being in force … (b) the court may permit, in any proceeding for contempt of court, justification by truth as a valid defence if it is satisfied that it is in public interest and the request for invoking the said defence is bonafide.”

This would create awkwardness in the proceedings, to say the least. ‘Truth’ as a defence is available “in any proceeding for contempt”. In our present context, it would mean that the woman would present all the detailed evidence in her favour for invoking truth as defence, even thought the proceeding would be to protect the judge, not the complainant.

This was the only remedy by and through which the Supreme Court could have proceeded, but it chose not to do so. Treating this case as a purely contempt case would have proved hazardous for the CJI.

The Supreme Court’s suo motu action

Instead of a case in contempt for scandalising, the Supreme Court processed a writ petition as a “Matter of Great Importance touching upon the Independence of the Judiciary – mentioned by Tushar Mehta: Secretary General of India”. No petition was filed. It is clear that even if the CJI was the master of roster, he could not have handpicked judges and certainly not sat on the bench.

It cannot be overlooked that Justice Gogoi was part of the four judges who protested in public then Chief Justice Deepak Misra’s abuse of his power over the roster. Chief Justice Misra had also handpicked Justice Arun Mishra, who appears to have been picked in the present case in the special Saturday hearing on April 20. The less said, the better.

For the moment, let us assume that the petition was maintainable and that either (a) someone’s fundamental right was infringed upon, or (b) that this writ was part of the undefined power of the Supreme Court as a Court of Record, which specifically includes the power to punish for contempt. But since these proceedings were in lieu of contempt for scandalising, a new procedure was evolved at the instance of the CJI, albeit on the mentioning of Solicitor General Mehta.

In the hearings of the suo motu case, the Supreme Court did not caution a censorship of details which were in the public domain but invited the cooperation of the media by stating in its order of April 20:

“Having considered the matter, we refrain from passing any judicial order at this moment leaving it to the wisdom of the media to show restraint, act responsibly as is expected from them and accordingly decide what should or should not be published as wild and scandalous allegations undermine and irreparably damage reputation and negate independence of judiciary. We would therefore at this juncture leave it to the media to take off such material which is undesirable.”

This is not a gag order, but a request to be respectfully treated as a gag: In the Sahara case (2012), the Supreme Court assumed a power to postpone reportage where criminal proceedings were pending, under the court’s inherent power as a Court of Record. The inherent power seems to be increasing by leaps and bounds. This invisible reservoir of power is slowly becoming visible and subject to diverse uses.

What needs elucidation is that the court’s proceedings of April 20 were specially held on a Saturday morning with the Attorney General K.K. Venugopal, Solicitor General Tushar Mehta and president of the Supreme Court Bar Association, Rakesh Khanna being present. What seems astonishing is that CJI Gogoi was also part of the bench, but not a signatory to the order. No person can be a judge in their own cause or hand pick a bench. At best, it could have gone to some other bench without the urgency of a Saturday hearing. Master of the roster or not, I think the proceedings in this writ petition are sufficiently tainted and should be closed.

Instead of closing this suo motu writ petition, whose sole purpose was to quiet the storm of protest arising out of the CJI controversy, on April 23-24 the Court issued notice to advocate Utsav Bains who filed an affidavit in which he asserts that there was a wider conspiracy involving a corporate figure who, along with an alleged fixer Romesh Sharma, tried to “frame the Hon’ble Chief Justice of India in a false case of sexual harassment to pressurize him to resign” and that Bains was privy to documents under sealed cover to prove this. On April 24, the bench consisting of Justices Arun Mishra, Nariman and Gupta summoned the highest officers of the CBI and police. The simplest solution would be to ask the CBI to investigate and file an information to this effect without the ensuing drama which has now become a part of the crisis.

The in-house procedure

Since the judges did not want complaints to be aired ad lib against them short of impeachment, an in-house procedure was created as a result of the agitation of the Bombay bar concerning the chief justice of Bombay in the Ravichandran Iyer case (1995). This in-house procedure was to protect public faith in high court judges. The question posed by the judgment was:

“When the Judge cannot be removed by impeachment process for such conduct but generates widespread feeling of dissatisfaction among the general public, the question would be who would stamp out the rot and judge the Judge or who would impress upon the Judge either to desist from repetition or to demit the office in grace? Who would be the appropriate authority? Who would be the principal mover in that behalf? The hiatus between bad behaviour and impeachable misbehaviour needs to be filled in to stem erosion of public confidence in the efficacy of judicial process.”

The purpose was to prevent public discussion by the media or agitation by the Bar and to protect judges by harmonising free speech rights. The judgment, therefore, explores self regulation: “It seems to us self regulation by the judiciary is the only method which can be tried and adopted.” The trajectory was an in-house inquiry following which matters could eventually be acted upon by the CJI until when the Bar was to “suspend all action”. The court said,

“The Chief Justice of India, on receipt of the information from the Chief Justice of the High Court, after being satisfied about the correctness and truth touching the conduct of the Judge, may tender such advice either directly or may initiate such action, as is deemed necessary or warranted under given facts and circumstances. If circumstances permit, it may be salutary to take the Judge into confidence before initiating action. On the decision being taken by the Chief Justice of India, the matter should rest at that. This procedure would not only facilitate nibbing in the bud the conduct of a Judge leading to loss of public confidence in the courts and sustain public faith in the efficacy of the rule of law and respect for the judiciary, but would also avoid needless embarrassment of contempt proceedings against the office bearers of the Bar Association and group libel against all concerned.”

Of course, in our case, it is the CJI who is involved. In a better-late-than-never initiative, the CJI passed the controversy to Justice S.A. Bobde (senior-most judge after the CJI), who will now assume the role assigned to the CJI in the Iyer case. Since Justice N.V. Ramana said he will not be a part of the panel, its constitution remains in question. Who will the panel report to? Surely not to CJI Gogoi? We are compelled to raise the further question as to whether CJI Gogoi was fully involved in the creation of procedure in this case.

Also read: Charge Against CJI Gogoi Should Be Handled Correctly If SC Wants to Keep People’s Faith

This procedure was also used in the Bangalore crisis and Justice Gupta (then chief justice of Kerala who inquired into it) told me that nobody wanted to depose against the judges. In the Madhya Pradesh case, such a committee was appointed against high court Judge ‘X’ who was later absolved. How would the woman complainant fare in a committee examining the case against a CJI noting that (a) the Supreme Court’s Secretary General has already taken a view that the allegations are scurrilous and (b) truth in its totality would not be a defence. I really think this in-house procedure was directed against the Bar in Iyer’s case in a particular situation and its extension is dangerous and undesirable as a clandestine in camera process.

No in-house procedure can be a substitute for a sexual harassment case.

Reviewing the controversy

This controversy is embarrassing in many respects:

I believe the dismissal proceedings against the woman employee were unfair.
The Supreme Court through its Secretary General had already taken a view that her comments were scurrilous presumably with the CJI’s knowledge since it aired his defence.

The procedure adopted on the Saturday hearing was unfair and tainted and must be closed.

If the Supreme Court felt the court was scandalised, the court should have issued contempt proceedings giving the accused woman the right to invoke truth as a defence.

The in-house procedure under the Iyer case is clumsy and unfair.

No in-house procedure can be a substitute for a sexual harassment case. The woman would have little chance and it is a moot question who would depose against the CJI under these circumstances.

There remains the question of whether during his investigation, the CJI should continue to sit in his judicial or administrative capacity. I am strongly of the view that we should continue to discharge both these functions in the confidence that he will not interfere with any procedure further. We have yet to learn the manner in which the in-house procedure will proceed.

We have seen that the CJI is likely to have known of the dismissal proceedings. He was certainly instrumental in constituting the suo motu bench. He is likely to have known of the Secretary General’s statement in his defence that the allegations were scurrilous. He had a choice to proceed in contempt as he did in the Justice Katju case, but may have felt that this might be perilous in the present case. He may have been right to pass on the controversy to an in-house, procedure, as an alternative because after the hearing on April 23, the judges of the first five courts appear to have met in conclave while hearings in those courts were suspended. The CJI seems to be in the know of the choices of procedures to deal with the crisis – each more inventive than the other.

In any case, this is a no-win situation. If the in-house procedure results in his favour, it will be sought to be questioned – but there is no forum for doing so. If it goes against him, the embarrassment will be greater, leading to resignation or impeachment.

Looking to the future

Having said this, there is a need for a judicial accountability mechanism for the high courts and Supreme Court through a constitutional amendment, as in so many countries. There must be a procedure to answer the adage Quis custodiet ipsos custodes: Who will be the custodian of the custodians.

Why Sri Lanka attackers' wealthy backgrounds shouldn't surprise us

Recent history shows that people with comfortable lives can easily be drawn towards violent extremism writes Jason Burke in The Guardian

 
Security forces at the Colombo home of the spice exporter Mohamed Yusuf Ibrahim, whose sons were among the Easter Sunday attackers. Photograph: MA Pushpa Kumara/EPA


When police and soldiers in Sri Lanka set out on the trail of the attackers who killed more than 350 people in a series of bombings on Easter Sunday, they did not expect to find themselves in Dematagoda, one of the wealthiest neighbourhoods in Colombo.

Within 90 minutes of the attack, as hospitals struggled to cope with the huge number of casualties, the security forces were closing in on a three-storey house with a BMW parked outside.

Two brothers lived there with their families: 38-year-old Inshaf Ibrahim, a copper factory owner, and Ilham, 36. Their father, Mohamed Yusuf Ibrahim, one of the most successful businesspeople in the island nation’s Muslim community, made a fortune exporting spices. The two brothers were also involved in the jewellery trade. They were both among the attackers.

When police moved in, there was another blast. It is unclear whether the top floors were wired with explosives or if the elder brother’s wife, Fatima, had set them off. The couple’s three children were instantly killed.

On Thursday, police confirmed that Mohamed Yusuf Ibrahim had been detained.

“They seemed like good people,” a neighbour told reporters from her rundown home opposite the Ibrahim family residence in the capital. 

In an interview with CNN, Sri Lanka’s prime minister, Ranil Wickremesinghe, said the suspected bombers were upper and middle class, and were well educated abroad, a profile he described as “surprising.”

His surprise was widely shared. In the Sri Lanka, the wider region and beyond, many still find it very difficult to understand how those with comfortable lives can be drawn into extremism, and kill themselves and hundreds of innocent people.

The question has been asked many times before. In Europe, it became an issue in the 1970s when relatively well-off young men and women in Germany, Japan, Italy or the US began to engage in violent activism. With the spread of suicide tactics in the 1980s and early 1990s, it seemed more perplexing than ever.

Then came a new wave of Islamic militancy, with attacks of unprecedented lethality. None of the men who flew planes into the World Trade Center in New York in 2001 faced economic hardship. The leader of their organisation, Osama bin Laden, was the son of a construction tycoon.

One of the Easter Sunday bombers attended Kingston University in south-west London from 2006-07, where he studied aeronautical engineering, and then went on to study in Australia. From a wealthy tea trading family based near the central city of Kandy, he had attended top international schools – as had other bombers, it appears.

There are many examples of terrorists with good educational qualifications among Islamic militants. The current leader of al-Qaida, Ayman al-Zawahiri, is a qualified paediatrician, while two-thirds of the 9/11 attackers had degrees. One plot in Britain in 2007 was almost entirely composed by highly qualified medical personnel. 

A group of Bangladeshis linked to Islamic State that attacked a bakery favoured by westerners in Dhaka in 2016, killing 20 hostages, share a similar profile to the Sri Lankan bombers. Almost all were from wealthy, highly educated backgrounds.

Isis has claimed Sunday’s bombings – its most lethal attack since its emergence five years ago. The group’s leadership has a rather different composition. Many are religious clerics, or former Ba’ath party officials. But many of the volunteers who travelled to Syria and Iraq from countries such as Egypt or Tunisia were from comfortable backgrounds, too, as were many who travelled from the UK.




Sri Lanka attacks: police hunting 140 Isis suspects, says president


However, on close inspection, many of the terrorists who went to university never finished their degrees. Others earned qualifications from institutions with dubious or limited academic credibility; many British extremists fall into this category.

Mohammed Zahran Hashim, the rural Sri Lankan preacher who is thought to have been the leader of the Easter bombing attackers and was in touch with Isis overseas, had limited wealth and only a rudimentary religious education.

Both al-Qaida and Isis have attracted large numbers of foot soldiers from backgrounds that are marginal in diverse ways. This is true in the Middle East and south Asia, where minor tribal leaders, out of work craftsmen, smugglers, former militia members, minor government officials, and poor farmers’ children sent to free religious schools have all been drawn to Islamic militant ideologies.

In Europe, many of the men who carried out recent terrorist attacks in France and Belgium were petty criminals, living on the economic margins.

Taken together, this teaches us that neither education nor economics can help explain any one individual’s violent activism. The literature on radicalisation that has been produced since 2001 has yet to pinpoint a cause, and few experts think there might be one.

Instead there are many factors that are seen as creating a risk of radicalisation. When they combine, the risk becomes a clear and present danger. Terrorism, abhorrent though it may be, is a social activity. Ideas spread and are reinforced among peers, married couples, old school friends and families. These ideas are simple. They explain complex events, identities and histories through a rudimentary and binary narrative. Neither education nor wealth is proof against them, and nor is poverty or ignorance.