Sunday, January 11, 2015

Prohibition on tipping is not meant to say that tipping is illegal.

Dear A###,
I don't know whether you will take it in kind sense or not, but i really wish to enlighten you and the world about Tipping and the Bribery , and that it is Bribery which is fundamentally hurting to the society, not the tipping.
  The laws pertaining to 'prohibition' on tipping are basically the bye-laws ( e.g. 'circular", departmental orders) but nothing of a statutory laws passed by any Parliamentary body, which are the law of the land.
   Bye-laws or even the Parliamentary laws can be contested, as the need arrive, if somebody is being wronged because of such a law. As an employee of a any organization, our submission to such a law is NOT the ultimate proof of legitimacy of the bye- laws. People accept the submission for economic compulsions as well. Therefore if a bye-law to which we have otherwise given ascent troubles us,we can challenge it.
  This  above theory is meant to say that Tipping cannot be reasoned to be unlawful merely by citation of a Bye-law imposing a prohibition order on the activity. The ultimate test of the legitimacy of a bye-law , as logically apparent now, cannot be the one-way circulation of the statement ! The people who are being subjected to it must give a free-will consent .
   The reason why Prohibition of Tipping could never become a statutory law is that People never gave consent to it ! And this happened plainly because ,in my thinking, tipping is a part of Human Expressions -and therefore liable for protection under the constitutional guarantee of freedom of speech and expression.
We will examine this hereunder -
In your own life experiences consider the situations:
1) A peak cap or a key ring along with printed paper bags being given by many of Naval vessels to visiting Pilots.
2) Passenger ships honking the whistle to celebrate the arrival or departure of pilots and also complimenting them.
3) Vessels on maiden voyages, calling the port complimenting the pilots.
From the experience of master and mate of ships, recall the times
4) Relief on masters face when approaching a port ,when the Pilot boards the vessel
5) Relief when Master Pilot relationship is executed well and ship is berthed without hiccups or any objection being raised from the Pilots.
6) Expression when Pilot calls to inform to change draft, trim or immersion conditions, or the state of readiness.
7) Expression when the vessel suffers dents or damages during berthing ,due to pilot error or when inadequate fenders.
Other life experience about why humans like to reward a good work and punish a bad job - effectively reward or punishment a part of human expression.
Do you think reward be held back on the argument that "it was pilot's duty, we have paid the pilotage charges".
As a master standing a pilotage ,have we never felt the necessity of personalization of duty, of how pilot error can STILL damage the job and the livelihood of the master from his company ??
  We have experience that even if by pilot error of navigation, a master's own job continues to be a personal risk from his company.
   Vigilance department is a non-revenue making burden on an organization, born from social necessity to curb corruption. Corruption is typically bribery, but not tipping. This difference is same a that between Rape and Consensual sex.
   Thus,            Bribery: Tipping    :   Rape :Consensual Sex
Free-will makes all the difference.
Bribery is what is to be prevented, not the Tipping as a whole.
The reason why any form of exchange is sought to be stopped by the Vigilance Department is that Tipping has the potential to provide that obfuscation cover of legitimacy to shield the Bribery.
    Note that this theory says that Tipping per se is not illegal, but it is stopped only because is can give assistance to let the other illegal thing to happen- the bribery.
People all over the world use tipping as a part of human expression. A taxi driver dropping us with care in the dead of night, a waiter in a hotel serving us with humility and promptness- they all deserve personal rewards - not the expression of "its your duty,your service charged is paid".
Indeed this behavior is that typical Communist or Socialist conduct where business are all owned by the state , and people are trained to work lifelessly,with no motivation, towards no personal goal !!
Therefore, I insist that to NOT TO GIVE TIP ON BEING SERVED WELL is that Despicable Communist behaviour which so badly characterizes Communism.
  You need to kill your free-will for both -- to not to give a tip,and to do a job without an expectation of motivation in the form of personalized reward.
  The challenge of the vigilance department is that there is no objective means of ascertaining whether a given exchange is a tip or a bribe. It assumes that "therefore, as a blanket ban policy, lets us make all the exchanges to be illegal- including tipping".
  Further, the accounts department can make a claim that even the personal receipts by person of free-lance working, can be shown to come through the grace of service with the company. Hence,he must deposit it to the company.
  Recall the case of how PM Mr Modi's receipt of shawl for his mother by the Pakistani PM still made way into the news, (not treated a private exchange), and also recall how ex President Mrs Pratibha Patil was told by the Rashtrapati Bhavan to return back all the souvenir and mementos she had received during her term of presidency. Yet, both, the shawl of Modi's mother AND some of the gifts received by Mrs Patil, were allowed to be personally kept.
Therefore the above claims of the accounts or the vigilance department cannot become ground for the state to detain all the private exchanges. Indeed there MUST exist a legitimate path, say for example, that people make a declaration of the receipts and pay the taxes,as stipulated or so before personally acquiring the gifts.
   In theory,if something can Still be proven to come by free-will ,not by any forceful extortion then it MUST be treated as a tip,not a bribe. Thus, A blanket-ban policy of Vigilance Department canbe and must be challenged whenever the need arrives.
         Pilot services is one example of service which can avail of this argument. Since the historical times, a ship master's personalized dependence on the service of a harbour pilot when making a port call is well known and documented. The naval vessels therefore officially still carry the tradition, as do all the other merchant ships.
  We being the ex ship masters ,and now a pilot must stand up to the tradition and also the logical and the professional judgement which are involved to justify this exchange.
Surely, the Vigilance or the Finance department will not understand it ,unless we stand up to make them know. The delicacy of Master-Pilot relationship even to this day is same critical as it was the days of yore.
Legally, a master is always the commander of the ship, while he  is also bound to work on the advise of a Pilot. This aspect of laws of the sea even to this day makes the position of Master stuck in the  doldrums.
     Like Sierra was saying, Tipping cannot be proven to be a forceful extortion of bribe merely by the fact that tugs are tied to the vessel. If that really were so, then even the shawl received by Prime Minister Mr Modi can be accused of being a bribe on the pretext that India is Nuclear Armed and probably threatened Pakistani PM Mr Shariff into giving away that Shawl !!!
You will notice that there has to be a sense of proportion between what is being given as a tip,and what is a bribe. Can somebody use the power of cannons only to extort an Icecream ?
Such accusation of use of force are too random and weird to settle the case. It may be true that one pilot may attempt to "extort" from a master, but in general it is less frequent to see a pilot resorting to sabotage the hull and machinery of ship . If such actions are happening, then non-seafaring mentality have taken over the piloting works which is a problem and failure of the personnel department. Such accusation will need hard evidence, and even tougher punishment if proven to be true.
  To delay a ship is much different than putting to physical risk the whole business as well as the life of ship's crew. It is virtually a case of attempt to murder.
Nevertheless, between tipping and bribery, the two closely overlapping activities, one is protected human behavior while the other is socially regressive. While we need to check one, the other must be safeguarded as it works in line with the freewill and other forces of nature.