meghna – Page 6 – Legal Drift

Valentine One Day International on 14 Feb – Lovers vs Hindu Politicians

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Sunil Behl, a call centre employee was searching a perfect gift for his valentine. Unfortunately he wouldn’t meet her on 14th February as he got scared of the Hindu extremists. Well his fear doesn’t seem to be so unreasonable.

Every year all news channels showcase a debate featuring Hindu Protagonists, MTv VJ’s and Directors like Mahesh Bhatt. The issue is often left unresolved. The Bajrang Dal speaker well dressed in a formal suit alleges “This is not our culture. We strongly oppose it. It is the exhibition of vulgarity and obscenity.” But isn’t wearing pants something we borrowed from the west. And yes gifting valentine day cards, teddy bears, roses etc is not vulgar. It is a well known that lovers visit restaurants, pubs, parks, hotels and clubs all the year long. But on 14th February the number increases considerably.

In India public display of love is considered a taboo. It comes under the ambit of obscenity. If the couples cross their limits and involve in anything ‘vulgar’, then the police can always charge them for the same. But isn’t urinating in public areas also obscene? Hasn’t Bajrang Dal thought about calling this act as exhibitionism of vulgarity? May be it hasn’t because that may outrage a considerable number of people.

Isn’t it absurd that we have a right to vote but we don’t have a right to decide whether we wish to celebrate Valentines Day or not? I completely agree that Valentine’s day celebrations are highly commercialized. It is definitely a marketing gimmick used by corporates to make some extra money. The idea has been very successful in the past. Roses, cards, gifts, Bouquets, cakes, balloons and every symbol of love is not only marketed but also sold at extremely high prices.

It’s true that Indians were alien to the day until recently. But what is the harm in celebrating a day which brings joy to the faces of your loved ones? With the advent of globalization, liberalization and privatization the country has transformed completely. Whether we admit it or not, we have adapted many things from the west and vice-versa. Celebrating their festivals is a part of cultural assimilation and evolution. If Sri Ram Sena or Hindu Mahasabha differs in their opinions regarding the celebrations, they can propagate the importance of Indian Culture. By no means have they had the privilege to forcibly get the couples married or declared brother and sister. Our culture has never supported discouraging the beliefs of others. While Aurangzeb forced people to convert the Akbar was tolerant in his policies. Obliviously the latter was conferred the title of being the Great.

Oppression would only drift the people away from their own culture. Moral Policing should be curtailed to its own limits. Insulting lovers in public is not at all “cultured”. If these groups have a problem, they should convince the masses. Every year they gain publicity out of it. I seriously believe that Sena has time and again outraged the modesty of a woman in public on this day which is in no sense moral. Preservation of culture can never be through force. Culture is something we follow because we strongly believe in that. Practises which were not adaptable with time have become history. These Talibans need not direct us about what has to be done on what day.

Legal Mirror Social Issues

Suicides – Can Legalization of Them Promote Murders?

meghna 4 Comments active euthanasia, Euthanasia law india, female suicides, house wife suicide, indian young girls suicide, legalize suicide india, passive euthanasia, Section 306 of I.P.C, Section 309 india, self homicide, suicide india, willful dying india, women suicides, women torture india

The World Health Organization predicts that ‘Every year, almost one million people die from suicide; a “global” mortality rate of 16 per 100,000, or one death every 40 seconds.’

The 2006 report of the National Crime Records Bureau says that India has a suicide rate of 10.5 per 100,000 of population. In which maximum females belonged to age group (15-29 years), and males belonged to the age group of (30-44). As per occupations, the stats are as follows:

Self Employed (41%)

Students (5%)

Unemployed (7.5%)

Housewife (21.2%)

Service (11.5%)

Retired (0.9%)

Others (12.8%)

These statistics indicate many things. The maximum number of females who committed suicide belonged to the age group of (15-29) years which is a real cause of worry. The group definitely include adolescent girls (reasons may be parental or peer pressure, exams, love or harassment) and young woman (may include rape victims, newly married wives, house wives, working women, victims of domestic violence and dowry etc). Another statistics related to occupations suggests that house wives commit most number of suicides after Self Employed people.

It can be easily inferred that most female deaths (which may occur due to domestic violence) are either colored to be suicides or they are actual suicides which occur due to the harassment faced by them. The 91st Report on Dowry Deaths and Law Reform by the Law Commission of India rightly points out that “dowry deaths always take place in closed doors”. If right to suicide is granted then it might happen that many murders would be cloaked as suicides. It would definitely benefit dowry seekers, harassers and assailants but would definitely harm the interests of the victims. Presently abetment to commit suicide is also punishable under Section 306 of I.P.C. If Section 309 which declares attempt to suicide as a crime is abrogated, then this Section may also be amended. If Section 306 is amended or repealed in various cases of domestic violence the accused would be acquitted easily.

Its not just female suicides we are concerned with India faces a huge of farmer suicide as well. In Vidarbha 1,065 farmer committed suicides in 2006 whereas in Chhattisgarh the number was 1,483. The State Governments have always presented low figures of farmer suicides in their territory. They have often shredded their responsibility and have seldom blamed the Center or even the farmers for their miserable condition. If suicide is legalized then it is pretty evident that the government might just comment “It’s their right and they exercised it. What can we do?”

Another thing worth mentioning is the suicide rate amongst the retired which is the lowest. One of the possible reasons might be that they are contended and satisfied with their lives. Various studies have predicted that the most number of suicides occur when a person is depressed or mentally unbalanced. Such decisions cannot be said to be taken with all due care.

Euthanasia is observed by different nations in different approaches. Netherlands, Finland, Sweden, Belgium recognize mercy killing as a right but countries like India and Pakistan. Euthanasia is of two types: active (in which some other person takes steps to hasten the death of other like Cancer or A.I.D’s patients.) and passive (when the person’s life is supported by artificial means).

Mercy killing is a debatable issue. Where some countries believe if we cannot give life we cannot take it either, the others believe that a person has the right to die in such circumstances. Suicide and mercy killing might appear similar but they aren’t. Where mercy killing is usually granted on medical grounds, reasons of suicide are numerous.

In India Article 21 enumerates Right to Life some jurists believe that it also includes Right to Die. Section 309 of the I.P.C makes attempt to suicide a punishable offense with imprisonment up to 1 year or fine or both. In P. Rathinam case the Supreme Court declared 309 as unconstitutional as it violated Article 14 and 21. But the decision was subsequently overruled in Gyan Kaur case. The court observed that “When a man commits suicide he has to undertake certain positive overt acts and the genesis of those acts cannot be traced to, or be included within the protection of the ‘right to life’ under Article 21. The significant aspect of ‘sanctity of life’ is also not to be overlooked. Article 21 is a provision guaranteeing protection of life and personal liberty and by no stretch of imagination can ‘extinction of life’ be read to be included in ‘protection of life’.”

For various reasons mentioned above I would not recommend the legalization of suicide. But Section 309 imposes double punishment on a victim. He is already unsatisfied with his life and wants to end it. Imprisonment or fine would definitely enhance his miseries. Instead of imposing deterrent punishments on him medical assistance, counselling and help must be granted.

Legal Mirror Social Issues

An Insight Story on Serial Killers – The Next One Might Be Just Around Your Neighbourhood

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Some lawyers are known for their good deeds some aren’t. Ted Bundy, a handsome law student stalked and murdered dozens of college going female who had close resemblance with his former girl friend.

The infamous case of Robert Pictone was not only the longest trial in Canada but the investigation was worth $100 million dollars. It is believed that he was responsible was a death of 60 women and his targets were usually sex workers.

Those who assume that serial killers are only males who are guided by sexual pleasures must look at the recent case of Kempamma (probably the first woman serial killer of India). Kempamma who resided in Bangalore had poisoned dozens of her victims with cyanide injections. Her modus operandi was very simple. She convinced innocent and distressed women in temples that she knew the art of healing their grievances by performing special religious prays at homes. The gullible women when allowed her at their houses, she would murder them by injecting cyanide and after robbing the place would elope. The court awarded her death penalty. The woman neither had an accomplice nor any sexual abhorrence against males.

Educated and affluent people can’t be serial killers think again. Thrice married Mohan Kumar, a Manglore based teacher had targeted eighteen young women aged 22-35-years. He preyed on young unmarried women convincing them to marry in future and after having sex and killing them by making them take cyanide as an anti-pregnancy measure. His plans were well executed and organised. He usually took the span of two months for his potential victims and scouted for others in the same period. Studies reveal that impersonating methods like poisoning (Mohan Kumar and Kempamma) is infrequently observed among the serial offenders.

British identified Thug Beraham as the first serial killer of the country. It is estimated that he had around 931 victims. He had an entire gang which befriended tourists and later on killed them. Thug is a word now used to connote a deceit.

Charles Sobhraj is a notorious personality known worldwide. He was also known as the bikini Killer as a few of his victims were found murdered in Bikini. He had a lavish life style and had killed 12 victims. He was awarded a life imprisonment in Nepal.

In 1995 Auto Shanker was hanged. He had been convicted of murdering 9 teenage girls in a period of 6 months in 1988 in Chennai. His other accomplices including his brother were awarded life imprisonment.

There have been many serials made on the stone man who targeted beggars and homeless on the streets in mid 1980’s. The identity was never established and the murders were stopped in 1987.

Serial Killer is a subject which is both interesting and challenging. The number of victims is used as a criterion for determining whether a crime is serial in nature. Where the North American National Institute of Justice defines serial murder as involving two or more victims, the FBI suggests that serial crime (rape, murder, arson) has at least three victims. The term serial crime evolved post 1980’s, prior to which they were usually known as mass murders. But now mass murders are presumed to occur when the victims are killed in single event. When the murders take place at different places but are in continuation of the same event the same is termed as spree murder.

Various studies have suggested that a serial offender possesses a combination of psychopathic, narcissistic, sadistic, paraphilic and fantasy prone tendency. It is often seen that serial offenders lack remorse and guilt. Although seldom they are found legally insane they possess personality disorders. They usually have no respect for other person’s rights. They not only kill or rape their victims but also use them as objects of perverse gratification. Where the acts by psychopaths are impulsive it is observed that serial offenders work in an organized and planned manner. The style of victimization is consistent and repetitive. It is observed that they lack apathy towards others. Geberth once said that ” A serial killer, despite of his outward facade, is a very insecure individual. He is without any power until he has a victim under his control.”

Physiologists have propounded that the sadistic tendencies in a serial killer is established in his childhood or adolescence. Sadistic are the people who enjoy the psychiatric suffering of others. Various serial criminals seek to demean or humiliate their victims. In many rape cases nude bodies of the victims were found in open grounds; at times bodies were found in strange locations such as under bedside tables and store rooms. Often the corpus is positioned in a dramatic position to seek the attention of observers.

Where in conventional crimes a relation exists between the victim and the offender the victims of serial crime are strangers. It is argued that the Serial Killers work under delusion or fantasy. Richard Trenton Chase used to kill his victims for their blood assuming that it would prevent his own blood from evaporating. Edward Gein believed that making masks from corpses and wearing them would transform him to a different person.

Various sources like the crime scene data, witness reports and confessions by the offender can help in establishing the evidence. There are varied indicators of victimization. For example in rape cases a violent treatment may be done to the victim (eg. torture, biting, burning etc) or souvenirs may be collected (personal belongings of the victim). In cases of murders cannibalism, sexual assault, souvenir collection, evisceration and dismemberment may occur.

Serial Offenders can chose anybody as their victims. It is difficult to identify a serial killer. He may look normal and may even impress you. A victim of a serial killer is an unfortunate bate who may not be able to judge the ill intentions of an amiable person. Courts grant them sentence after their legal sanity is established. But if they are deemed to be legally insane then medical help is provided to them. Sometimes the offender is never caught and the crimes stop all of a sudden. In such cases it is assumed that he had accomplished his motive. As I said before Serial Killer is a subject which is both interesting and challenging. They cannot be defined in strict terms and cannot be given the same treatment. The reasons and methods of crime are very individualistic in nature. They cannot be judged solely by legal dogmas. Their condition, punishment and treatment has to be adjudged by both law and forensic psychology.

Legal Mirror Social Issues

Raped – Now, What? Do I Have to Suicide or Is There Something Written in Indian Law to Protect Me

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The State of World Population Report suggests that In India

1. A Rape is committed every 54 minutes; 2. Molestation every 26 minutes; 3. Kidnapping or abduction every 43 minutes; 4. Eve-teasing every 51 minutes; 5. Dowry death every 1 hour 42 minutes; 6. Criminal offense against women every 7 minutes.

Rape is a reality which is detested by all. It is a crime not only against the body of an individual but also against one’s mind, psyche and reputation. The rapist can be questioned only if he is caught but the raped is questioned at every stage by every strata of the society. The victims have experienced that the police is often reluctant to lodge their complaints. Even if the complaint is lodged, the justice is far from being delivered. In courts circumstantial evidence is highly relied upon. The defense always supports the theory that the intercourse was with mutual consent.

In various cases the absence of injury has been considered as a proof of consent by the courts. Victims are forced to lay every slight detail of the incident which may not be possible. Mostly the facts are presented in an inappropriate manner which often leads to the acquittal of the accused.

In traditional society like ours raising voices against any crime of sexual orientation is considered a taboo. Many girls have witnessed oppression from their own family members in such instances. A rape victim needs a lot of courage to bring the matter into notice. But the agony does not end here. It is continued at every stage whether it is medical treatment, lodging of F.I.R or even attending a trial. The entire system is harsh to her. Time and again some N.G.Os have provided the victims both financial and psychiatric support but practically they are unable to help all of them.

The accused may be known or complete strangers. The crime of date rape has increased significantly in the past few years. Not to forget the rape committed by one’s own relative (including fathers and husbands) and those committed by stalkers, taxi drivers, guides and co-workers. Statistics suggest that in about 7 percent of the cases, fathers or other intimate members of the family or close relatives were themselves the offenders. About three-fourth of the offences were the result of offence by Neighbours and other persons known to the victims. Only one-eighth of the offences were committed by strangers. Reports have also shown that when a married woman is raped, she looses her love for husband and bond with the family. This effects not only her but her children and husband as well.

A rape victim deserves certain rights irrespective of her nationality or religion. In December 2009, came the shocking statement of Shantaram Naik, (a congress M.P. from Goa) who said that the alleged rape of 25-year-old Russian woman in Goa was blown out of proportion by the electronic media. “Rape is a heinous crime but an alleged rape of a lady who moves with strangers for days together even beyond the middle of the night is to be treated on different footings.”

Different in what footings? This is just another way of getting rid of their responsibility. Maligning the character of a buried woman only shows how low politicians can get for their self interest. Instead of protecting tourists targeting their character is both shameful and intolerable.

Imrana was asked to marry her rapist father in law as a viable solution put forth by the religious protagonists. Instead of punishing the culprit they decided to reward him. What kind of justice is this?

The offense of rape declares a punishment not less than 7 years which may extend up to life imprisonment too. But a husband who rapes his wife who is below 12 years of age is only liable for an imprisonment which may extend up to 2 years or fine or both. The Indian law doesn’t recognize the crime of marital rape yet. Also there is no section in IPC which punishes boys under 16 years of age for committing rape. They can be prosecuted only under Section 377 (Unnatural Offences) of I.P.C.

The infamous case of Hetal Parekh indeed deserved capital punishment for the accused Dhananjoy Roy who not only raped 14 year old Hetal but also brutally murdered her. His plea to the president for remission of sentence was rejected by Mr APJ Abdul Kalam. The decision was welcomed by almost everyone in the country.

There is an urgent need of speedy trial for such cases. It may be done by introducing a separate legal system for such sexual offenses. Medical help must be provided to the victims which should include counseling and vocational training (in cases where the woman has be out casted from the society and has no means sustenance). The same can be provided by state fund. The fine for such offenses must not be kept nominal.

If the medical examination is not conducted within 48 hours of rape the offense is very difficult to prove. Most of the females are unaware of this and in order to get rid of the physiological scars they take bath before medical surveillance. Awareness programs must be conducted to demonstrate what a victim must do in case of rape. Moreover keeping in mind the mental state of the victims a female doctor must be appointed for the examination.

The recent amendment in Criminal Procedure Code(Cr.pc) is a very optimistic step. Now such cases have to be presented before a female judge. A more effective witness protection scheme is also being guaranteed. The statements of the victim would be recorded at their house or some other safe place preferentially in presence of a female officer. A female may engage a lawyer to help the prosecution with prior permission of the court. The investigation has to be completed within three months from the date when information was recorded by the officer in charge of the police station. Protection of the victim’s identity, maintaining the confidentiality of the name and address of the parties, camera trials and conduct of trials by a woman magistrate are also provided in the amendment.

Bollywood Cricket Politics Social Issues Sports

Mumbai is a Metropolitan, Not a Religious Playground for Politicians – Pakistan IPL Players Controversy and Shah Rukh Khan Comments

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Shah Rukh Khan’s support to the Pakistani players in IPL bidding made him face a lot of trouble. He was not only threatened but also targeted by the Shiv Sena. He was alleged to be a traitor and was dared to speak in favour of Pakistani players in future. He stood up for his beliefs and refused to apologize. Fortunately people from Bollywood and elsewhere have now started recognizing their right to speech.

When Shiv Sena recommended Shah Rukh to live in Pakistan instead, this infuriated not only his admirers but also his father who was a freedom fighter and had played an instrumental role in the Quit India Movement. Shah Rukh’s father (Taj Mohammed) was one of the few Muslims who decided to leave Pakistan and settle in India. It is both ironical and shameful that Shiv Sena which had played no role in the Indian Freedom Struggle assumes that it has power to deport citizens of India to some other country.

The question is not on inclusion of players but its on whether an individual has a right to express his opinion or not. Democracy protects this right but may be Shiv Sena fails to recognize the true meaning of democracy. They believe that restricting and instructing people would serve their purposes and goals. They are the Taliban who have not attained absolute power till now. They employ every method to threaten, fright and manipulate people. They are least concerned about the development of the state as if they were they would have been more instrumental in issues that really mattered to the state like conditions of farmers etc. But they waste their energies in deciding which society, festival, group, religion, celebrity and film to target. They wish to seek limelight with everything they can.

Mumbai was not built in a day. The city has contribution from various communities and these communities lived in harmony with one another until such groups infuriated the feelings of hatred amongst them. Isn’t Shiv Sena promoting communal tensions and disturbing peace of the nation. If they have a problem with non-maharashtrians then Ambani’s, Bachchan’s, Birla’s etc would all have to leave the state. Ironically 50% of the economy of the state comes from the non-maharashtrians and if they evacuate the state would be in a huge financial loss.

Historically Maratha’s were not essentially against the Mughals. Instead of looking at the struggle between the two as a Hindu and Muslim fight it should be looked as a battle for power and state power. But Shiv Sena has always projected themselves as the protector of Hinduism and Maratha but they fail to understand that a protector never dictates.

The plight of Maharashtran’s and their unemployment must be definitely taken into considerations. There are various universities and organizations which ensure that the natives are not deprived of the opportunity to work or study. Ensuring jobs to Maratha’s is a good gesture but taking away the jobs of Non-Maratha’s is not a solution. India is a culturally diverse and homogeneous society ; demarcating cultural boundaries would not help anyone. Jinnah demanded a land for Muslims and Pakistan was formed. Are we ready to witness the emergence of MARATHASTAN? I’m sure we wont even like to imagine that.

Promoting culture and heritage is one thing and imposing it on others is another. What Shiv Sena is doing is the latter. If I’m forced what to wear, what to watch, what to eat or even what to speak it would only lead to oppression. Mr Thakeray has a right to suggest but he has no right to oppress.

Every individual has a right to decide and it can not be taken away by dogmatic powers like Shiv Sena. Gone are the days when Bihar was only for Bihari’s, Rajasthan only for Rajasthani’s and Maharashtra only for Marathi’s. We are Indian’s and will remain Indian’s no matter what Shiv Sena believes or propagates. Our Constitution has conferred this right upon us and no one can deprive us from the privilege of being a citizen of the country. By weakening the social thread of the country, the Thakeray’s are only helping the terrorists. They may intend to project themselves as protagonists but their actions have benefited only the rivals. Isn’t disturbing national peace a disguised terrorism? The actor is scared about the protection of his family. Isn’t is taking away his right to life and dignity? I think it is.

Before independence if people thought that they have greater loyalty to their regions then to their motherland, it was justified but now we are not just Marathi, Marwari, Gujarati or Sindhi; we are Indians. Our out most loyalty lies with the nation and not just with our region or religion. Let us unite so that no British rule is established again, no Taliban ever dominates us and so that no terrorist can ever take advantage of our internal conflicts. Let’s never destroy our own resources and kill our own people because by this we are proving our loyalty to enemies and not to out motherland.

Legal Mirror Politics Social Issues

Do Award Givers Actually Know Whom to Select – Former Militant Gets Padma Shri

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Obama was awarded the Nobel peace prize, probably because America didn’t wage any war against any nation that year. Awarding a Padmashree to a former militant is however not bearable in any case. The alleged former Kashmir militant Ghulam Muhammad Mir has been charged of murder and rape as well. His credentials are under serious suspicions.

Well one man’s terror is other’s freedom fight is an old maxim. But the novelty in this case is that Indian Home Ministry feels Mr. Mir to be a freedom fighter and not a militant. According to the home ministry report, Mir was recommended for Padmashree by Central Information Commissioner Wajahat Habibullah and Union New and Renewable Energy Minister Farooq Abdullah. However, Omar Abdullah the Chief Minister of Jammu and Kashmir has denied the state’s recommendation for the same.

After the event there have been a series of comments from eminent political personalities where Home Secretary G.K. Pillai said “Counter insurgent Mir did great service to the nation,” Mehbooba Mufti Sayeed called the award unfortunate and insult to those who recieved it in past. Mir himself denied the allegations of being a militant and said that he was a civilian carrying his own business. He denied the charges of rape and murder as well.

It is strange that a criminal who has surrendered is honoured with the title and hundreds of jawans, army officers, police officers and other unseen heroes are not even considered. So when a militant rapes or kills people and eventually surrenders he becomes a hero but those who fight him with their blood and sweat are ignored entities.

New Delhi thinks he has done national service. Lets assume he did. But is it necessary to award him the title with all the controversies and cases against him? Can’t we find a bunch of people with clean image in a country with population of hundred crores? On an optimistic note it may be said that a FORMER MILITANT who reformed himself should be encouraged to set an example for others. But aren’t the stakes to high? Honouring with the most prestigious award is no solution to promote gandhism. It may influence some misguided people but what about the faith of the masses? A Border Security Officer risks his life to fight these militants once they surrender they get awards whereas the former has to be satisfied with the bare minimum perks given to him.

Tolerance is good trait but excessive tolerance is akin to cowardliness. If Kasab confesses may be in due course of time he would be appointed as the Chief Minister of Maharashtra itself.

This has definitely happened in past and may be repeated in future. Phoolan Devi (the bandit queen) who was an infamous dacoit had also acquired a Lok Sabha representative from Samajwadi party after her release on parole. At times her case is considered exceptional as she faced many atrocities. But I’m sure no one would have compelled our tainted ministers to rape or murder someone. The list is long the infamous ministers from Congress are Subodh Kant Sahay, Mukul Wasnik, Ajay Maken, Harish Rawat, Arun Yadav, Pratik Prakashbapu Patil and Pradeep Jain, while Sisir Adhikari (TMC) and Gandhiselvan from DMK have been appointed. I’m sure I must be missing some of the eminent personalities who have done great harm to the country.

It is often contended that law presumes innocence until proved guilty. Well the premise is well argued but can we risk the fate of the seventh largest country in the world just because there is a probability that they may be innocent. I agree Lalu Prasad Yadav transformed the Indian railways completely but did he deserve a chance after the Chara Ghotala? What if the next government discovers that there was a Chai Ghotala in railways? Who would take the responsibility then? And who would defend Shibu Soren’s controvertial appointment? How many of us actually think that Sidhu deserved to stand for elections or how many us support Sanjay Dutt’s arrival in politics?

May be the majority would say I do. This is because we have such ministers and politicians. If they really intend to serve the nation they need not take any post. Gandhi was never our prime minister but he is certainly our father of nation.

Economy Politics World

A Raging Cold War between China and United States – Two of World’s Biggest Diplomats

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The prospective meeting of two Nobel peace prize laureate has threatened the China’s peace of mind. Where the meeting of US president Obama and Dalai Lama has brought a ray of hope for Tibetians, the Chinese have taken it as a sign of interference. U.S. has been warned that their association with the Buddhist monk would “seriously undermine the political foundation of Sino-US relations” and “it will certainly threaten trust and cooperation between China and the United States”.

The starting of 2010 also witnessed the Google controversy in China. Google declared that it was no longer willing to continue censoring its results on Google.cn. It was also alleged that the Chinese government might have used Google to spy on human rights activist. China responded to the controversy saying that the acquisitions are baseless and the foreign companies are required to follow the local laws. Whether or not Google would cease to operate in China is not yet decided but it surely strained the relation between the two countries.

Like Tibet, Taiwan has also been declared an autonomous entity within China itself. However, the independence enjoyed by them is only nominal. Japan and US support complete independence of Taiwan which is considered a threat to national integrity and sovereignty by China.

In 2008 US expected to sale Taiwan Black Hawk helicopters and anti-missile batteries which had created tension between the two. Moreover USA support to Human Rights in China is also considered interference in the internal affairs of the country by the latter. Not only this the trade and economic relationship is also strained between the two. There have been disputes related to tires, steel pipes and even over valuation of Chinese currency.

US owes nearly a trillion-dollar debt to China. One of the major reasons for the Copenhagen deal failure was that a junior official was send to a meeting with Obama in place of Hu Jintao, China’s president. The conflict is not only on political front but also ideological, where one is a strong protagonist of communism the other supports consumerism. In one country the press is given absolute freedom but in other media censorship laws are very stringent.

But in spite of these differences both are diplomatic friends on the world forum. USA is being continuously pressurized by its Asian partner. Its not only because of debt but also because a majority of its population is dependent on cheap Chinese goods. China has emerged a strong nation in due course of time and USA’s current economic condition would make it difficult for US to wage a war against it.

Ironically all prospective candidates for presidents post in the country wanted to be ‘tough on China’ on election but rather it is seen that both Helary Clinton and Obama both have amenable attitude towards China. Not only this Obama was also criticized for avoiding a meeting with Dalai Lama on his China visit. Now if Obama meets his holiness in spite of China’s warning the rift between the two nations would widen. Where his holiness expects support from US in his middle way approach, Chinese want non-interference

Social Issues

Beggars, Beggars and Beggars – How to Elevate Them? Money or Work

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When we feel hungry we buy food, when we feel our clothes or accessories are out of fashion we throw them away. Unfortunately these necessities of our lives are a luxury for some. The basic amenities which are considered bare minimum necessities, are a rare luxury for them. They have to beg for food and money. The most miserable condition fetches the most amount of money.

Indian tradition permits spiritual begging in the form of Bhiksha to monks and sadhus. They usually beg for food and alms. But this is not the only form of begging prevailing in the country.

All of us have come across beggars on streets, temples, tourist spots and malls. At times we grant them money, at times we don’t. Many of us perceive that we don’t earn for them, which is definitely true. One of my aunts had an old trick whenever she saw someone begging she used to offer them work. Of course they never said yes to it and ran away. May be they are conditioned such that they start treating begging as a profession.

A month ago I met a boy who was selling stickers. He insisted me to buy some. When I refused he told me his traumatic story of how he doesn’t have enough money to deposit his fees. I was skeptical but when he offered me to talk to his principal. I gave him a Rs. 50 note and went away. After a few days I went to the same place again. I saw the same teenager asking me money on the same lines. This time I told him ” I had given you the exact amount you required to deposit your fees a week ago.”. After a few seconds he ran away. It cannot be surely termed as begging because the boy offered me stickers in lieu of the money. But this defraud is being carried out everywhere to ask for monetary assistance.

Getting rid of beggars from the Delhi is one of the preparation plans made by the government for the Common Wealth Games to be held this year. The government has assured the supreme court that the beggars will be provided with food, clothing and shelter in the beggar detention homes. Unfortunately the herculean task of dealing with sixty thousand beggars in the city is to be carried out by ten police officials and two mobile courts. Well are the authorized to do so? Yes they are. We don’t have a central act on beggary. But there are various states like Maharashtra, Delhi, Haryana and Karnataka which do have laws that prohibit beggary.

Under the Bombay Prevention of Begging Act, 1959, (also applicable in Delhi from 1960) begging was declared a crime. The act defines a beggar as a person who has no means of supporting himself. Even the dependents on the beggar’s income http://www.healthandrecoveryinstitute.com/tramadol-online/ (such as parents and children) are also incarcerated with the beggar and persons displaying sores and deformities can also be arrested under the Act. The sentence varies from imprisonment for up to three years with a mandatory minimum of one year (for the first time offenders); imprisonment for the second time is for 10 years.

The act is harsh on vagrants as well as homeless laborers too. It is often criticized to be harsh and colonial in nature. Various organizations find the act criminalizing poverty and illness. The definition of begging says that exposing or exhibiting any wound injury, deformity of disease with the aim of receiving alms constitutes begging. Moreover receiving alms under the pretense of singing, dancing or fortune telling constitutes begging. The constitutional validity of the act had been challenged before the Supreme Court but the same has not been decriminilized.

Ironically the punishment under the act for being poor or ill is 10 years which is more than that of culpable homicide by a negligent driver or even a rapist. Activists say that the punishments are two harsh and the acts must be decriminalized. Most of the beggars constitute of women and children but there are not enough female police officers to deal with them. It is alleged that the law criminalizes poverty. Many homeless laborers, travelers, diseased and vagrants are victims of the act. Not only this innocent depends on a beggars income are also convicted on similar lines. It is no doubt that the act is similar to the vagrancy laws in England and needs to be considered. But if the beggary is decriminalized completely then it would create a havoc for the people. Where the diseased, homeless laborers, dependents should be kept out of the ambit of beggars, those caught begging must be reformed.

Even though the vocational training is provided in the beggar detention homes the same has been proved effective only in certain cases. Not only this people should also contribute to improve the situation. Instead of giving money in temples (which are not under trust), try to donate to organizations, old age homes and orphanages. Moreover we should prefer buying cards by CRY or Help age India.The practice must be discouraged when followed by perfectly healthy individuals. It is true that beggars are irritating and encouraging such activities is not positive for the society but we need to find a solution to this problem.

It can be done collectively. While we should not abandon them completely, we should also not promote them to live a life with no hard work. The major responsibility lies on the shoulders of the government to provide them with work and not detention. I agree it is difficult and would take considerable time and efforts but I am positive with determination we will reduce the income disparities our country faces.

Legal Mirror Social Issues

Are We in The Wrong Hands? Credibility of Indian Judiciary on Sale

meghna 6 Comments dalits india legal case, dalits legal issues, indian judicial system, injustice india, judgements india, judges independence india, judicial system india, judiciary india, landmark decisions india, legal cases india, legal system india

In India we have Separation of Powers in a check and balance form. The three organs of the government i.e. the executive, the judiciary and the legislature have the responsibility to keep a check on the functions of the other.

Independence of Judiciary is an important feature to maintain rule of law and constitutionalism in the country. It is necessary that the judiciary is free from every political obligations. The independence of judiciary is granted by the constitution to protect the rights of the citizens, but unfortunately nowadays it is protecting the rights of the judges.

There are various instances in which the judges have taken bribery, misappropriated cases or favoured the executive in order to secure high posts in commissions after their retirement. Judges like Late Justice Sinha who had the courage to treat Mrs Indira Gandhi as a normal accused are rare to find these days. He sacrificed all his political prospects for proper justice.

But today the hard reality is that not all but most of the judges are either corrupt or disinterested in the judicial process. One of the practicing Supreme Court Lawyers told me that either the judges sleep or the inquire. He was right in all sense. India has had many landmark judgments, some of them have made us proud some haven’t. Some have ensured that the principles of equity are upheld no matter how dangerous it proves to the executive, and some of them have favoured the government in every circumstance.

The judicial trial enjoys special privilege, so criticism with caution is required. But why? In a democratic country like India we should be allowed to criticize any decision of the judiciary as we can criticize the act of the legislature. Why is there a need to grant them a special privilege. Moreover if there is a constant fear of criticism the judges would be more accountable to the public. If a person is not satisfied with the process, he must not be forced to remain silent in order to maintain the dignity of the court.

The Indian Judiciary has been given powers to protect the rights of the individuals. These powers are not given to them to exercise it in their own interests. I agree the Indian Judiciary had eminent judges like Baghwati CJ, Hidyatullah CJ and Sinha J who have made the nation proud time and again. But it is also a reality that Judges like Dinakaran have also served the Indian Judiciary.

When the Chief Justice of Karnataka High Court Mr Dinakaran charged of allegations like acts of corruption and acquisition of disproportionate wealth and helping the mining mafia of the Reddy brothers to continue with rampant illegal mining. He came out with the excuse that because he is a Dalit Christian he is being targeted. But I’m sure if asked few questions his answer might be different. Like Why aren’t other dalit judges being the targeted? or Have these people deliberately enhanced the assets owned by you? and If such injustice was being done to you being a judge why didn’t you raise your voice earlier?

It is absurd that a judge of the stature is talking the defence of the social milieu to get rid of his loathsome acts. The charges against him are very serious and if proven true he should not only be impeached but should also be punished.

The motion, prepared by advocate Vaigai of Forum for Judicial Accountability, under Article 217 of the Constitution read with Article 124 (4) of the Constitution says: “This House resolves that an address be presented to the President for the removal of Mr. Justice Paul Daniel Dinakaran, also known as Mr. Justice Paul Daniel Dinakaran Premkumar, from the office of Chief Justice of the Karnataka High Court for his following acts of misbehaviour, viz., possessing wealth disproportionate to known sources of income; unlawfully securing five Housing Board plots, in favour of his wife and two daughters; entering into Benami transactions prohibited and punishable under the Benami Transactions (Prohibition) Act, 1988; acquiring and possessing agricultural holdings beyond ceiling limit under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961; illegal encroachment on Government and public property to deprive Dalits and the poor of their right to livelihood; violation of the human rights of Dalits and the poor; destruction of evidence during official enquiry; obstructing public servant on duty.”

It is shameful for the judiciary that Karnataka’s Chief Justice might be impeached on the grounds mentioned above. Even if the charges are false, how can we expect a normal person to have trust in judiciary when the Campaign for Judicial Accountability and Reform (CJAR) and Forum for Judicial Accountability (FJA) themselves are doubtful about the conduct of judges. This instance has shaken the faith of people in judiciary. And it is unfortunate that even if the charges are proved, and it is somehow established that Mr Dinakaran took bribery in some cases, the victims would still be remedy less.

Thus those who know that injustice was done to them would now know that it was not done by mistake of interpretation but by a deliberative motive. Their position would remain the same even if the reality is known to everyone. The good thing is that the prospective judgments would yield injustice only because of mistakes of judgement and not premeditated acts of injustice.

It is ironical that the world justice is attached to Chief Justice of any High Court and Supreme Court of the country, it is not that linguistics were short of vocabulary but it was because they wanted to associate notions of justice with the judge who had the highest accountability and responsibility in delivering a judgment.

Politics Social Issues

United States of India (USI) – Its Happening Soon ! Telangana Carved Out of Andhra Pradesh

meghna 8 Comments andhra pradesh telangana, hyderabad telangana, india independence states, parliament rights state boundaries, princly states india, telangana, telangana state, telangana state capital, telangana state location, united states of india

Bharat or India was not a united country before independence. The whole territory was divided into British India and independently controlled Princely states. As India constituted 550 princely states and since the adminstration of the same was a difficult task, many of them were merged into larger pronvinces and states.

It was after independence and parition of India, that the India became a country and not mere union of states. Andra Pradesh, Gujrat, Maharashtra, Manipur, Mizoram, Tripura, Haryana and others were carved out of the existing state structures of the basis of ethenity, culture and local needs of the people. The states got divided on linguistic basis as recommented by the States Reorganization Commission to Mr.Jawahar Lal Nehru in 1956.

Article 3 and 4 empower the Parliament to alter the state boundaries with simple majority. Therefore the Parliament can change,create, name and merge any state. The very existence of the state depends upon the sweet will of the central government.

It is generally argued that in smaller states, the local needs of the people can be addressed in a better way. Moreover it is contended that such states are easier to administer.

Presently there are extensive demands of formation of new states like Vidarbha (out of Maharashta), Harit Pradesh (out of UP), Poorvanchal, Bundelkhand (out of UP and MP), Kosala (out of Orissa) and Gorkhaland (out of West Bengal). Now as the Central Government has agreed to separate Telangana from Andra Pradesh, such state demands have also gained momentum.

The question appears whether the country requires formation of new states or not? Should reasons like better administration and social tensions be the sole criteria of adjudging whether a state has to be formed or not. Why is the nation being spilt in the name of development.

From my perspective, the political needs of one should not determine the social needs of others. One fast by Potti Sreeramulu carved the state of Andra Pradesh other by K. Chandershekhar Rao has led to the formation of Telangana.

Many people who have been fighting for Telangana might not agree with my statements as their fight for education and better livelihood have always been ignored by the government. But it is not Telangana that I’m talking in particular, it is the whole country for which I am concerned about. Wherever there is socio-economic injustice, people feel that there should be a new state.

It is very certain that Mr. Rao would become the first Chief Minister of the state but it is no guarantee that such a state would progress. Again it is seen that most of these demands are political in nature and public sentiments are often ignored.

Is spliting India into tits and bits the only restort to attain progress. Our freedom fighters faught to unite the country and we are fighting to divide it. The politicians have manupilated innocent youth and have convinced them that division is the ailment to their problems. If new states are formed then their political and financial interests are served.

It is strange that a fast by one politician can change the entire map of the country on the other hand there are hundreds of people who die daily out of hunger and the government is least bothered.

In the present Lok Sabha elections TRS secured only two seats. Isn’t the will of the people clear to Mr. Rao?

One of my friends rightly pointed out that if the situation continues then we would be the United States of India and not India.

The Constitution of India declares India a sovereign, democratic republic, and a union of states (replacing provinces) and territories. The states would have extensive autonomy and complete democracy in the Union, while the Union territories would be administered by the Government of India.