Legal Drift

LAW NOT ONLY FOR LAWYERS BUT FOR THE LAYMAN

Author: meghna

Politics Social Issues 

Corrupt India

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We received a comment from Mr Osuri Devendra Phanikar, a social activist from Andra Pradesh. To ensure maximum visibility and effective discussion on the critical issue, we are publishing his comment as a post.

Our democracy is standing on three legs of the constitution of India, the Legislature, the Executive and the Judiciary. The corruption has eaten away most of the two legs the Legislature, the Executive. And we are limping on only leg that is judiciary. The demon of corruption is trying to expand its fangs in to Judiciary too. If that happens, our democracy will be crippled and become a corpse.

Now a day, Government jobs have become very lucrative and very profitable business for those who got in to them. If there are no givers, there will be no takers. Those who encourage corruption and getting their things done by bribing officials are more dangerous than the actual corrupt officials. If people who are in responsible positions become onlookers and remain mum over corrupt practices of the concerned, it is as though they are abetting the corruption.

The virus of corruption has been eating into vital organs of our democracy, the executive and the legislature and it is ready to spread in to judiciary as well. The demon of corruption has become so powerful that it gobbles up any person who moves even an inch forward to resist it.

The rampant and unchecked corruption in our society is giving birth to extremism and unrest in the country. Bureaucrats and people’s representatives, by abusing their official positions, are using the corruption as a tool in their hands to do the businesses of minting easy money very much to the knowledge of the public.

The public are not coming forward to giving information about corruption to investigating agencies concerned as they failed to give protection to them from the corrupt. It is very unfortunate to state that the evil of corruption with its obscurity is turning very honest officials in to very corrupt ones.

The most affected lot are the middle class and the poor among the society as welfare schemes meant for them are being eaten away the corrupt officials and politicians.

The corruption has been hissing in such a way that it has started challenging very fabric of our democracy. If this menace is not bridled and checked, the people of Republic of India will loose faith in one of the best democracies in the world and will turn to other means. Now, citizens of our country are more interested in corruption free administration than they are in democracy.

There are tales of woe from the people affected by the rampant corruption which have not been heeded by the concerned let alone redressing them. The intellect and the public spirited citizens have almost started to give up their efforts to check the corruption as they feel that it has gone out of proportions and almost impossible task to have a go at it. Such frustration is not encouraging and good for democracy as a whole. Some non governmental organizations should have to instill a ray of hope in to them, so that their crusade against the corruption will not be eroded and diluted.

The best way to arm the investigating agencies like ACB, CBI, CVC and Lokayukatas in our country is to grant autonomy to them. Right now, they have become mere recommendatory authorities working under clout of the legislature and the executive. These agencies should have complete judicial powers as that of a court of law.

The intellect in our country shall have to see that representatives of people in the country are convinced and talked into introducing necessary and comprehensive bills in their Assemblies or Parliament to empower the already existing investigating agencies with powers necessary to weed out corruption from the public life.

Modus operandi of the corrupt who tasted ill-gotten wealth is that they go all out to protect their ill-gotten assets. In the process, they stoop down to any level including spending part of their ill-gotten money for harassing the persons who try to unearth their graft and threatening them with dire sequences. Every citizen in this country wants to live peacefully and no one likes to take any initiative in the eradication of corruption which in their view involves a lot of risks.

The corrupt are more intelligent than any one in this world as they make things upside down with their maneuvering capacity and by camouflaging and misinterpreting the facts and they can talk the investigating authorities in to doing favours to them with ease. No one should be surprised if the corruption becomes fourth defacto wing of our constitution apart from the legislature, executive and the judiciary in the near future. The voices of great persons who raised voices against corruption had been choked. For example, in the state of Andhra Pradesh former vigilance commissioner Sree Ramachnadra Samal in his 56 pages report under caption ’ MY YEARS AS VIGILANCE COMMISSIONER OF ANDHRA PRADESH’ submitted a report on some of the corrupt offices of all India services. But he was dubbed as fanatic and mad. The corrupt launched vilification campaign against him. Till now, the report has not seen the light of the day.

The corrupt have succeeded in anchoring family clubs which consist of persons who encourage corruption and get things done by bribing the bureaucrats and politicians. Now, they would like to extend their activities in to their family trees.

Corruption has become a profession for some of the bureaucrats and politicians in the state of Andhra Pradesh and become a great threat to democracy. As control machinery in is in deep slumber, the state of Andhra Pradesh is hitting records in Corruption. The accumulation of wealth by dishonest bureaucrats particularly from All India Services has been scot-free and increasing as days go by. The control authority in Andhra Pradesh is badly undervaluing the assets of disproportionate assets of the corrupt officials in such way that that they are taking documentary value of assets only at the time of purchase although they have the option of valuating the assets by appropriate authority. Conducting artificial enquiries in to corrupt practices of the dishonest will not serve any purpose and on the other hand a lot of unnecessary expenditure will be incurred to the exchequer of Government of Andhra Pradesh.

I therefore pray that every public spirited citizen of my country be pleased to make efforts to weed out corruption from the public life without fear or favour.

OSURI DEVENDRA PHANIKAR Social worker S.V NILAYAM, OSURI MANSION NARSAPUR-534275 W, G,DT AP Cell-09346610749 Land-08814-274842

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Economy Legal Mirror Politics Social Issues 

You might Not be the Owner of the Land Registered in your Name – The Land Acquisition Act says so

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Do you know a 100 year old Act may deprive you of your property in a couple of days?

The Land Acquisition Act, 1894 gives considerable power to the government to to acquire any land for “public purposes”. The Act is being misused by both State and Central governments to acquire multitude of lands specially in the rural areas in the illusion of development and urbanization.

Purpose of the Act

Acquisition of land was a primary requirement of the British in order to carry out some of their most ambitious projects such as railways, rural planning and development, construction of public offices, building establishments required by corporations and providing residence to the poor. Thus they enacted a draconian piece of legislation known as the Land Acquisition Act, 1894.

Features of the Act

1. After the amendment of 1984, the act applies to whole of the country except the state of Jammu and Kashmir. Prior to this amendment; Rajasthan, Nagaland, Kerala and J&K had similar but separate land acquisition Acts.

2. The government may also acquire land under other certain acts such as Coal Bearing Act, Forests Act, Slum Areas Act, Delhi Development Act and Maharashtra Industrial Development Act.

Procedure under the Act

1. The government through publication notifies that the land in a particular locality is needed or may be needed for a public purpose or for a company. S. 4(1).

2. Authorized officers ascertain whether the said land is suitable for the purpose in view S. 4 (2).

3. Persons interested in the property may file their objections which would be enquired by Collector. S. 5-A.

4. Declaration and publication of intended acquisition by Government. S 6

5. The land is to be marked, measured and planned under the supervision of the Collector. Sections 7 & 8.

6. Issuance of public and individual notices to interested persons who may file their claims for compensation. S. 9.

7. Claims are to be enquired by the Collector. S. 11

8. Collector to award adequate compensation which would be awarded after the possession of land by the collector. Present Scenario The Act was heavily amended in 1984 by the Central Government. On one hand, amendment made provisions for efficient and adequate compensation but on the other it widened the scope of Sec.17 of the Act which deals with acquisition of land by companies. It is easier for government companies to acquire land vis-a-vis private enterprises.

The governments have always construed “public purposes” in liberal sense. They have succeeded in classifying any acquisition of land as being in public interest. With the emergence of SEZs and public-private partnerships eminent domain is being abused on a vast scale.

Unfortunately, the people who loose their lands have never been reasonably compensated. They are generally poor and uneducated and have no means to fight their cause. Ironically, the cost of development is borne by people who can hardly afford it.

Instances

1. Tata Nano Project:- After the protests Tata shifted its Nano Plant to Gujarat. But it still holds the lease of the disputed land for another 99 years.

2. Sanand The fertile land in Gujarat is being acquired to make space for the small wonder Nano. The government has already taken 5000 acres of land under its control.

3. Posco The iron-mining project has been delayed for 5 years as the farmers in Orissa are reluctant to surrender their fertile lands. Most of them have been killed or injured during the protests.

4. Reliance SEZ The Supreme Court rejected its special leave petition of Reliance to seek a stay order for land acquisition in Raigad, Maharashtra. However, it was able to acquire 1,150 Hectares of land near Navi Mumbai to accomplish its industrial and residential plans.

5. Arcelor Mittal Thousands of villagers of Jharkhand have contended that the government is selling land of tribals to non-tribals which violates the Chotanagpur Tenancy Act.

Deficient Bills

The government intends to amend the Act. The pending bills propose a number of changes such as re-defining ‘public purpose’; reduction in acquisition of land by private parties; formulation for Social Impact Assessment and establishment of National Rehabilitation Commission.

Although all references to companies have been deleted in the Amendment Bill, 2007; the new definition of “public purpose” includes acquisition for “a person” (Company is regarded as a person in law). The Rehabilitation Bill also has a number of flaws. The language of the bill gives discretionary powers to the government. The bill doesn’t impose only sanction on non-compliance of its laws. Conclusion

In India land is equity. People spend their entire life-savings to purchase a small piece land or any land for sale. Land resources are required by nations to progress. But at what cost? U.S.A and other countries follow a relatively more transparent procedure than India.

The powers of the government need to be restrained. The farmers should be given economic rights in their lands. If they are deprived of their lands, they must be recognized as stakeholders in the projects. Alternatively acquisition of land for commercial purposes must be discouraged. The Act must be abrogated and replaced by a new transparent legislation which sympathetic towards the land owners.

“The act empowers the government to transform an owner into a landless laborer overnight.”

I dedicate the post to my father Mr. A.K. Agarwal, who not only suggested the topic but also helped in research.

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Bollywood Politics Social Issues 

10 MEASURES TO TACKLE THE ISSUE OF FARMER SUICIDES IN INDIA

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I still remember my road trips from Jaipur to Delhi on weekends. My mother had to pack food everytime as there was no restaurant on the entire route. Now things have changed. NH8 has a number of malls and food chains including MC Donalds and CCD. These restaurants leisurely replaced the farm lands on the highway.

This depicts the plight of farmers more than anything else. The farmers near Delhi have an opportunity to sell their lands instead of killing themselves. But all Indian farmers are not that fortunate.

Aamir Khan’s Peepli Live is an apt satire on the current situation of Indian Farmers. The movie addresses a number of issues which need to be seen in the light of reality.

Indian Agricultural Setup

Indian Agriculture predominately dependent on nature. Any failure of nature adversely affects the farmers. Additionally our agricultural system is largely unorganized. The farmers work in an unsystematic manner. They lack technical support and institutionalized finance. Agriculture is treated as a seasonal occupation in the country. Farmers remain unemployed in some parts of the year.

There is barely any increase in the purchase price of the crops. However, the prices of inputs have hiked tremendously. This further contributes to the misery of an Indian farmer, who has no substantial income to meet his expenses.

Reasons for Farmer Suicides

Indebtedness is the major reason behind the farmer suicides. The loans taken by farmers can be divided into two categories:- personal and agricultural. The personal loans are taken generally to fulfill social obligations related to marriage and death. The agricultural loans are incurred for buying land, seeds, fertilizers, pesticides and setting up a bio-gas plant.

In absence of institutionalized finance the farmers take loan from money lenders at high interest rates. Their agricultural profit is insufficient to recover debts. Thus, they are continuously harassed by the money lenders for the recovery of debts.

Government Schemes

The movie rightly points out that if an issue arises the legislators frame a “scheme”. But what about its implementation?

Presently the government offers a number of relief and insurance programs to the farmers. Under the said schemes the farmers are provided with loans on “low rate of interest” but ironically the benefits never reach them.

If a farmer defaults in payment of debts, the local police detains him for some time. The social embarrassment forces him to either sell his property or commit suicide. In Bundelkhand, farmers have even sold their wives and daughters to pay their debts.

It is largely https://icord.org/ambien/ contended that the schemes are implemented only on paper and not in reality. The benefits are availed solely by the rich farmers. The poor people are not even aware of the existence of such schemes. Issuance of a mere card or loan requires a number of formalities and documents. An uneducated farmer or a daily wage earner may not be able to successfully complete all these procedures.

Major Concerns

1. Farmer Suicides 2. Sale of farm lands for commercial purposes. 3. Change of occupation by the farmers 4. Over-emphasis on cash crops over food crops 5. Issue of Indebtedness 6. Effective Implementation of Governmental Policies Possible Solutions

1. Dependency of agriculture on nature should be reduced. This can be done by effective implementation of water management techniques by the government.

2. The institutionalized funds should be made available to the maximum farmers. The farmers must be monitored and advised with regard to the utilization of such funds.

3. The farmers should be provided with technical support to enhance the agricultural productivity.

4. The World Trade Organization forced the India to decrease its subsidies whereas the developed nations have been privileged to provide agricultural subsidies to their farmers. India definitely needs to take some diplomatic actions at the world forum to protects its farmers.

5. Organic farming must be encouraged. The government must subsidize organic fertilizers instead of chemical fertilizers.

6. In 1998, World Bank’s structural adjustment policies forced the government to replace farm saved seeds with corporate seeds. The Indian farmers are forced to buy the high-priced seeds manufactured by the multinationals.

7. Farmers with small land holdings must be encouraged to pursue community farming.

8. The farmers should be provided with direct instead of indirect subsidies.

9. The excessive powers of the money lenders must be checked.

10. There is a need for social and cultural awakening with in the village communities. This may be done by providing elementary education and vocational training to the farmers and their families.

Conclusion

Indian farmers have remained an ignored entity since 1991. Their hard work is seldom appreciated by their compatriots. Ironically the people who provide us with food and cloth, are deprived of it. Usually, a farmer is the only earning member in his family; his death leaves his family in destitution.

If the issue remains unaddressed it is a large possibility that India would soon emerge as a food deficient country. Probably we would have Mc. Donalds on national highways but would need to import wheat from aboard for our daily consumption.

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Politics Social Issues Travel World 

When will they celebrate their Independence? Common plight of Indian and Pakistani Fishermen

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India and Pakistan share many things together. One such thing is their consecutive independence day. Today I thought of addressing an issue which is vital to both the countries. No, its not Kashmir. It is something more fundamental that concerns me today.The detention of Indian and Pakistani Fishermen cross border can no longer be ignored by us.

Official Statistics

According to the Pakistan Fisherfolk Forum 159 Pakistani fishermen are detained in India on the other hand 547 Indian Fishermen have been detained in Pakistan. Moreover India has 200 Pakistani and Pakistan has about 350 Indian boats in their custody. It is a large possibility that the actual figures are much higher.

Why are the fishermen arrested?

Due to the Sir Creek border dispute between the nations, their sea borders are not clearly defined. Thus it is difficult for the fishermen to distinguish marine territories. Moreover, they have low understanding of maritime borders and protocols.

Seldom they cross the marine boundaries and have to pay huge price for it. Most of Indian fishermen who have been detained by Pakistan belong to Gujrat, Daman and Diu. The Gujrat CM Mr. Narendra Modi recently said that the Union Government is ignoring these arrests deliberately.

India shares cordial relations with Bangladeshi and Sri Lankan authorities and fishermen arrested in these countries are easily acquitted. But since India and Pakistan do not share cordial diplomatic ties, it is difficult for both the countries to protect their arrested fishermen.

Fishermen’s Plight

Most of the fishermen have been in jails for years.Their bona fide mistake costs them more than any crime they could have done. Their families are unaware of their presence. Generally a boat consists of all the fishermen from the same family. Any mistake may result in arrest of all the “earning male members” from a single family. In such situations their family suffers both emotionally and economically. The hope for return never dies but everyone is aware that the chances are negligible.

Laws and Punishment

In India illegal entrants in the country may be punished with imprisonment of 3.5 months to 5 years.

According to the Article 73 of the United Nations Convention on the Law of the Sea, arrested vessels and crew are to be promptly released “upon the posting of reasonable bond or other security” and should not result in imprisonment or corporal punishment. The nations must invoke this article to ensure the early acquittal of the marine prisoners.

What is and What can be done?

The suspicion of terrorist activities forces the marine officers to do their duty diligently. Their work needs to be admired but once it is established that the arrested are not guilty of criminal tresspass, they must be released. This can be done only with the development of diplomatic understanding between the two nations.

In past both the nations have issued declaration of fishermen releases but things have never materialized. Most of them who have completed their sentences are not released either. Both the nations believe “we would release our prisoners only when they release theirs.” This diplomatic release game treats these prisoners as pawns. They are left of the mercy of their leaders to get what they lawfully deserve.

The ones who are released are in no good shape either. Generally, they are disillusioned, ill, infirm and depressed. A young lad returns as a feeble old man with grayed hair. He fails to be with his wife and family. His children become alien to him. His parents are no longer alive to meet him. His wife lived like a married widow all throughout her life.

Moreover, even if the countries release a prisoner they never release his vessel. A boat costs Rs 5 to 6 lakhs is usually bought on installments. A fishermen has virtually no resources to afford another vessel. Most of them are poor and uneducated can neither opt another career.

Conclusion

Action is required to be taken immediately. Indian and Pakistani Supreme Courts have realized the importance of the crucial issue.

In a dispute the Union government pleaded to detain the Pakistani fishermen in jail until Pakistan releases an equal number of Indian fishermen. However SC of India rightly held otherwise and ordered release of 16 Pakistani fishermen who had served their sentence.

In Pakistan no person can be kept in jail after 3 months of completion of his/her sentence. But the government sought permission to keep Indian fishermen in jail even when they had completed their sentence. The Pakistan SC has also taking cognizance of the matter has also ordered the release of Indian fishermen.

The courts in both the countries are performing the duties of the executive. But the implementation of these orders depend totally on the will of the governments. They have ignored the plight of the fishermen for 63 years which is no longer justified. Arrest of 800 fishermen affects 800 families in India and Pakistan.

Sadly, these fishermen can never cherish independence in the same sense as we do until some diplomatic actions are taken.

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Social Issues 

Prostitution Runs In The Family

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Ever imagined that a family could encourage its daughters to become prostitutes?

Rajasthan’s Nat community has a tradition of prostitution. This nomadic tribe which previously engaged itself in street performances later adopted “commercial sex” as its traditional occupation. Other communities like Rajnat, Kanjar and Bedia tribes also follow similar tradition in the state.

Family Irony

The Nat community is patriarchal and male dominated. The women in the community may be divided into two groups prostitutes and non-prostitutes. The sex workers in spite of their earning status are shunned by both society and their families. They are given less respect in comparison to the married women.

The sex workers are not allowed to attend auspicious rituals or marry within the community. Conversely, the married women are expected to be chaste. They are expected to wear veils and maintain distance from elders. Pre-marital sex and extra-marital affairs are condemned in the Nat society.

Nat males are forbidden to be clients of the sex-workers. The sex-workers are expected to have professional relations with their clients. They have to share their profits with the pimps and sometimes retired female sex workers. It is observed that a retired sex-worker totally depends on the income of these young prostitutes for her survival.

A sex-worker is the most important earning member in the family who is also bestowed with the responsibility of getting her brother married. However she is not allowed to marry with in the community.

How do they enter the profession?

Segregation of girls start at a very early age. The “prospective” sex workers are given training by pimps and retired prostitutes where as the other girls are taught the fundamentals of family life.

Lack of education, awareness, empowerment and institutionalization are major reasons for the girls to enter the profession.

Ceremony of Nath Uttarai

The clients pay highly for a virgin girl. The first intercourse is mark of celebration with in the tribe. The girl who is dressed like a newly-wed, wears a nose ring which has to be removed by her first client. The client is considered the husband of the girl and he is given preference over other clients in future. The high price for virgin girls motivates the families to sell their daughters soon after attaining puberty.

Concerns

1. Lack of education and knowledge available to young women has adversely affected their ability to make decisions. 2. They are exploited by both pimps and retired female sex workers. 3. There are greater chances of acquiring sexually transmitted diseases especially AIDS as the sex workers practice unprotected commercial sex. There is considerable lack of awareness with in the community with regard to sexually transmitted diseases. 4. The young girls are now being trafficked by the pimps to other areas including Delhi and Mumbai. The clients in the metropolitan cities pay higher prizes than those in the villages. 5. The greed for higher price lures the parents to sell their daughter as soon as they attain puberty. 6. Although they are the earning members of the family, their status is low. 7. The children are financially and socially depended upon their maternal uncle. 8. Since the sex-workers are not allowed to marry in the community, their is an increase of marriages taking place between a Nat Male and A Non-Nat Female.

Conclusion The female sex workers amongst the Nats are being exploited at every stage both by their family and society. The income generated by selling their bodies barely reaches them. The intermediaries take a chunk of profit from their earning. Unprotected commercial sex with clients is prevalent. The rights of their children are hardly enforced. Not only the prostitutes but their children also suffer considerably.

Awareness must be spread amongst the women. Alternative employment should be arranged for those who wish to leave the profession. Education must be ensured for both males and females. The retired sex-workers must be rehabilitated. Presence of pimps and female trafficking must be checked. The involved of minor girls in the trade must be curtailed. Efforts should be made to bring the community with the mainstream. Gradual changes must be brought in the perception of the community as a whole.

Picture Credits:Picapp

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Corporates Legal Mirror 

Why a business tycoon killed his own driver?

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“If I speak the truth, I will not live.”  were the last few words spoken by Janeshwar Sharma in a television interview. The deceased was working as a driver of the affluent business tycoon Anil Nanda.

In his interview, he alleged that Anil Nanda, his partner Jitendra Pandey and Manager Dhiraj Balani were involved in a sex scandal. He claimed that Nanda paid some boys to have sex with him at one his houses in the Friends Colony, Delhi. He also sexually exploited his employees at the said house. If the employees resisted the homosexual demands of Nanda, they had to face adverse consequences. He further claimed that he was also asked to spy on Nanda’s partner Vijay Sinha, on his opposition he was threatened by the accused.

“Janeshwar had opposed Nanda’s attempts to get physical and was, therefore, in his bad books. Once, he had caught Nanda in a compromising position with a male partner. Fearing that Janeshwar would disclose this to others, Nanda had begun hatching a conspiracy to kill him,” the victim’s younger brother, Yogesh Sharma, said.

Who is Anil Nanda?

Anil Nanda is the chairman of the Akme Projects and is the son of former Escorts group chairman HP Nanda. He is unmarried but his brother Rajan Nanda is married to Raj Kapoor’s daughter Ritu and their son is married to Amitabh Bachchan’s daughter Shweta.

Murder

Sharma was set on fire in morning of June 9 by some unidentified persons at Anil Nanda’s  residence. The attackers had thrown petrol over him before setting him on fire. He was admitted in hospital with 80% burn injuries. It is noteworthy that the doctor declared him fit for statement. But the police did not record his statement in spite of  repeated requests by the victim and his family.

Sharma’s brother alleged that on June 13 Nanda visited and threatened the victim in the hospital. Later Sharma succumbed to injuries on June 14.

Police Investigation

The conduct of Delhi police is questionable and disappointing.

1. The police didn’t record Sharma’s statement even when the doctor declared him fit for the same.

2. Sharma survived the injuries over a week but the police didn’t bother to record his statements.

3. Police didn’t question Anil Nanda until victim’s dying declaration was shown on television.

4. The police theory suggests that “a stranger” might be involved in the given case.

5. It also claims that Janeshwar was “alone” at the time of incident, indicating that it might be a suicide. It said that it had questioned 20 people who were near-by at the time of incident but no one saw Janeshwar being set on fire.

6. The police said that it would investigate why the CCTV camera’s didn’t work on the day of incident.

7. It has graciously agreed to investigate the call records of the people involved in the murder.

8. The police did not make any arrests saying that the victim had not mentioned any names in his first complaint.

9. It initially filled a case under 307 and then subsequently filled a fresh case under section 302.

10. At first, it ignored the letters written by the victim before his death “alleging threat to his life”.

11. There was delay in collection of forensic evidence from the place of crime.

12.  Although it is established that Nanda was present at his residence when the incident took place. Police is busy protecting the three saying that they were not present at the spot where Sharma was set alight.

Laws

Dying Declaration is based on the principle of “nemo moriturus proesumitur mentiri” a man will not meet his maker with a lie in his mouth.

Eventhough the court gives great value to the dying declaration, the court must have full confidence in the veracity and correctness of the statement. It is made by a dying person as to the cause of his death or as to any circumstances of the transaction that resulted in his death. It is an evidence under Section 32 of Indian Evidence Act,1872.

Conclusion

The case involves two aspects “dying declaration of a driver who alleged that he has attacked by his employers” and the involvement of Nanda in homosexual activities with young boys and his employees. If the former is proved than the latter would also hold water. Considering this, Nanda could be tried under Section 377 of IPC for the alleged carnal intercourse.

Since Sharma’s dying declaration was not recorded by the police, there lies a high probability of manipulation and misappropriation of evidences in the current case. Moreover, the court may doubt the veracity of the statements made by the victim on television. The F.I.R doesn’t mention names of any of the three accused and it would be very difficult to prosecute them. The police deliberately ignored the repeated complaints of the victim and his brother.

Yogesh (Victim’s brother) has still not been given police protection. The intentional abstention by the police to conduct a fair inquiry is highly disappointing. The case has been lost before the verdict. It would be either closed (as the culprits would not be found) or it would be proved as a suicide. Due to lack of evidences the courts might rule in favour of the “influential people”.

The case needs to be investigated and the truth must be established. But the present circumstances reveal that police is not even willing to consider Nanda a suspect.

Why do we need criminals when we have such efficient and honest police force?

The post is dedicated to one of our readers Mr Vinay Kakkar who suggested this topic in one of his comments.

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Sports 

10 Reasons Why India is Miserable at World Sports

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Is the definition of  Indian sports restricted to cricket only or do other games exist too?

Yesterday I met Sanjay, who would represent India in the Asian Games to be held this year. He has previously participated in various Judo competitions worldwide.

Sanjay (24) is a resident of Manipur and is currently employed in  the Indian Military Police. He is amongst some fortunate players who have been sponsored by the Military police. His training, equipment, coach fee,  travel and registration costs are government funded.

But there are very few players who receive such benefits. During our discussion I realized that there are various reasons which contribute to the unsatisfactory performance of Indians in international sports.

1. Too much Importance to Cricket :-

Cricket has been given outmost importance in India.  Games like hockey and Tennis have also gained popularity in the past but sports like judo, karate, rugby, football and squash are generally ignored by the masses.

2. Societal Pressure:-

Sports is thought to be a leisure activity in the country. Sports as a profession is largely condemned. The people prefer traditional careers over sports. Education is considered a pre-requisite to attain success. Sports is barely given any importance in schools. The players http://www.healthandrecoveryinstitute.com/soma-carisoprodol-muscle-relaxant/ have to struggle between their rigorous practice schedule and school timings. They often have to choose between education or sports and the former wins almost every time.

3. Lack of Remuneration

Life of a sportsmen is considered  more of a struggle and less of an achievement. The profession guarantees financial safety only for those who are famous; the ones who are still struggling to establish their identity are hardly given any remuneration. Most of the potential sport-persons experience disillusionment and stress from the very beginning of their career and usually end up sacrificing their dreams.

4. Costs

The costs of  equipments and other facilities are very high. For example: most of the protein supplements are imported from Europe. A small  bottle of protein costs about Rs. 4,000 in India but the same bottle is considerably cheap for the European players in their currency.

5. Foreign Coaches:-

There is a dearth of competent coaches in India. Thus, a player has to rely on foreign coaches for assistance and training. The fees and expenses to hire a foreign coach cannot be easily met by an individual. Hence, most of the times the players have to make a compromise. Either they are given incompetent coaches or no coaches at all.

6. Travel Costs:-

Due to lack of funds Indian players are send only to selected competitions. India remains unrepresented in most of the competitions. The  players are  unable to afford the huge travel and registration costs and hence it is on the discretion of the government to decide whether India would be represented in a competition or not .

7.  Sponsorship:-

The multinationals and private companies are uninterested in sponsoring a game which people barely watch. Due to lack of private funding the  players have to completely rely on the government  funds.

8. Balancing Job and Sports

Sanjay has a rigorous practice schedule  from 6 am to 8 pm. Fortunately, the Military Police encourages him to follow his dreams. Not all employers provide their employees with funds, job salary and a healthy work atmosphere. It is almost impossible for players to  strike a balance between their jobs and sports.

9. Politics:-

Politics has dominated almost all spheres of Indian sports. Discrimination on basis of Regionalism at the time of selection is prevalent in all sports including cricket. Other factors like political recommendations and corruption have also affected the selection procedure adversely.

10. No Pension:-

A player is usually active till the age of 35 years. Most of the players  retire with no substantial achievements, education and financial security.  If they still wish to be connected with the profession; the only option available is to coach students and youngsters for meager amounts.

What needs to be done?

Nothing would change until we change our attitude. These games will attract sponsorship and private funding only when the people start appreciating them. Transparency must be brought in the selection procedure. Government may provide deserving players with more jobs and remuneration.

The educational institutions must also encourage the students to excel in sports and not only in academics.There are very few universities which provide for sports quota in higher eduction. Similar reservations must be made in other universities too. A change needs to be brought at every stage; if we expect India to perform well at the International level.

A player sacrifices a lot for his game. His spirit and dedication needs to be respected and not ignored by the nation.

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Legal Mirror Politics Social Issues 

India’s Cruel Torture Bill

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Statistics

1. Every year number of custodial deaths increase considerably.

2.  From 1994-2008; 16,886 custodial deaths were recorded.

3.  In 2007-08; 188 and 1789  people died in police and  judicial custody respectively.

Definition of Torture

Article 1 of United Nations Convention against torture, 1984 defines torture as:-

Any act by which public officials intentionally  inflict severe pain or suffering ( physical or mental) to a person for fullfiling certain purposes like seeking information or a confession, punishment, intimidation or discrimination of the victim.

Indian Position

India signed the UN Convention against torture in 1997 but did not ratify it. Ratification is a process through which countries implement an international convention through a domestic legislation. The government recently decided to table Prevention of Torture Bill 2010 to address the issue. However the bill stands flawed on various grounds.

Definition

The  Bill defines torture in a  limited sense. It states that if a public official  intentionally does an act to seek information or confession from a person by inflicting

(i) grievous hurt to any person; or

(ii) danger to life, limb or health (whether mental or physical) of any person it would amount to torture.

Hence if a harm is inflicted on a person intentionally by a public official to seek information only then it would constitute torture.

The definition not only ignores other purposes of torture like punishment and intimidation but also  makes infliction of grievous hurt or danger to life a necessary condition. Nevertheless, torture sometimes  include abuses like sleep and food deprivation, forceful positions and exposure to intense and continuous noise which are outside the ambit of physical harm or danger.

Further, Section 4 states that intentional infliction of grievous hurt must be coupled with animosity against a group in order to establish the crime of torture. Thus, if  a public official  inflicts grievous hurt on a person to extract information he would not be liable  unless it is proved that he had animosity against a group or community to which the person belonged.

Defects :-

Section 6 states that a prior government sanction is required in order to prosecute a government servant. The section leaves wide scope for partiality and manipulation. A government may be biased towards its own employee. Also, it would be difficult for the victims to obtain such sanctions.

Moreover the limitation clause in Section 5 states that a complaint must be registered within 6 months of alleged torture but fails to recognize that sometimes the victims are subjected to prolonged torture which may last more than the specified period.

There is no provision with regard to self- incrimination. The bill remains silent on the scheme of compensation and thus relies on courts to decide the amount of compensation is such cases. No appropriate review mechanisms to check interrogation practices are established under the bill. There is no provision to provide immediate legal help to those who have been arrested.

The convention states that no country must extradite a prisoner to another nation which has harsher laws than that prevalent in it. The bill fails to recognize this clause of the convention and remains silent on the issue.

Recommendations

1. The definition of torture must be revised to include other purposes of torture like intimidation, coercion, punishment or discrimination.

2. Compensation Schemes must be enumerated in the bill.

3. Proper review mechanisms for interrogation must be established.

4.Clauses like procurement of  prior governmental sanction and  limited time period to file complaints must be removed.

5 A prohibition on the expulsion, return or extradition of persons to States where there are substantial grounds to believe those persons will face torture or cruel, inhuman or degrading treatment must be added.

6. Immediate legal aid must be provided to the arrested.

7. Other forms of torture which may not necessarily be physical in nature must be included in the definition.

Conclusion

It is unfortunate that after lapse of 13 years the government has come up with an inefficient piece of legislation which doesn’t even recognize the International Convention which was signed by India. The restrictive clauses in the bill would  help the perpetrators rather than assisting the victims. The bill must be reviewed carefully and necessary changes must be incorporated.

In the present form the bill is a license to torture rather than a prohibition to inflict harm.

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Legal Mirror World 

Married in India but Divorced in US

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Everyone celebrated their wedding. The groom was an NRI engineer settled in Boston who came to Punjab to marry Manjeet, a beautiful village girl. No one had ever anticipated that this fairy tale would turn into a nightmare until the groom decided to abandon Manjeet and marry again.

He obtained a divorce decree in US. Subsequently, Manjeet filled a petition in an Indian Court. The court declared the divorce null and void although it hardly had jurisdiction over the foreign decree. Now, her husband is divorced in States but married in India.

According to NCW more than 50 women are facing the issue in Gujarat, Punjab and other parts of the country.

Problem

In such divorce cases the conflict of Private International Law becomes evident. Usually, one party obtains a divorce decree aboard which is not recognized in the Indian Courts on the ground that the foreign court had no jurisdiction over the matter. As a result the marriage is recognized in one country but annulled in the other. Such a person may be tried for Bigamy in India but in the other country he would not be considered guilty.

EX-PARTE JUDGEMENT:

An ex-parte divorce happens when only one spouse participates in the court proceedings.  In US, a state has the authority to determine the marital status of that person (who lives in that state) even if it does not have jurisdiction over the other spouse. Usually,the spouse who doesn’t live in the county where the divorce was filed would not be subject to its jurisdiction unless a status exception is present.

Many a times foreign courts grant ex-parte divorce decrees, with one party being unrepresented and thus unheard. Often the parties are unaware about these proceeding too. Due to various practical and financial difficulties; a party may not be able to contest the case. Generally, the wives deprived of maintenance and matrimonial property in these cases.

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Announcements 

Legal Drift Acknowledged by a Contemporary Scholar in the Yearbook of International Law

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I have a good news today to share with my readers.

I recently got credited for my research assistance in Prof Prabahkar’s paper published in the inaugural issue of the Indian Yearbook of International Law & Policy. He has also cited one of his comments on Legal Drift in the References of his paper.

The Yearbook is new peer-reviewed academic publication in the field of international law. The Yearbook seeks to provide an intellectual platform for the discussion and dissemination of Indian and international views and practices on contemporary international legal issues.

The paper titled “CONSTITUTIONALISM IN INTERNATIONAL LAW DURING THE TIMES OF GLOBALISATION: A SOCIOLOGICAL APPRAISAL” can be download from here – http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1645715

About Prof Prabhakar Professor Prabhakar Singh is a young name in the field of international legal scholarship and the Third World Approaches to International Law (TWAIL). He is an alumni of NLIU, Bhopal and now working as Assistant Professor at the JGLS. He obtained his LLM in International Economic Law and Policy (IELPO) from the University de Barcelona, Spain. He has published more than 17 journal articles in leading international law journals and books worldwide.

Prof Singh has been a mentor and I truly admire his humility and honesty.

You can read more about Prof Prabakhar Singh here – http://works.bepress.com/prabhakar_singh/

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