Legal Drift

LAW NOT ONLY FOR LAWYERS BUT FOR THE LAYMAN

Author: meghna

Legal Mirror Social Issues 

Legal Obligations to Help Our Parents. Are you kidding me?

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Pensioner gets new fence after Nevsky Express train crash

Tarun, left a lucrative career and  settled in his native city,  to look after his parents in old age. He had to start fresh, make new contacts and invest his income in a totally new project. It might sound bit odd but he seems to have no regrets, rather he is happy to be with his parents. This is an opportunity he would have never got while working in a MNC in Banglore.

But all of us might not make such selfless decisions. We are often guided by materialism and success when it comes to making important decisions in our lives. I would not completely blame people who chose their career over their parental home. The problem arises not because we are not attached to our parents but because our economic prospects force us to do so. The generation gap is also one of the reasons why children neglect their parents.

I know many people who even if could not reside in their parental home, have ensured that their parents are not a neglected identity. They make continous efforts to see that their parents get the love, affection and care that they deserve.

However in India’s traditional society there are also a large number of people who completely ignore their parents. Even worse they are some who torture and ill treat them. Sometime back I read a story of how a woman in Rajasthan was chained like an animal by her son and daughter in law. In another incident, Seventy-two-year-old Komal Singh complained that his  son Brijesh and daughter in law Manpreet had tortured him and his wife.

Moreover there are instances where children after acquiring the property of their parents, make them homeless. This is the reality of the society which known for parent child relationship. If we go back to ancient times, and remember Bhishm, who pledged to never marry so as to ensure his step mothers happiness. Also there was Shravan Kumar, who took his blind parents on his shoulders for a pilgrimage.

Fortunately, the legislators have realized that it is time that children not only have social or moral responsbilty but also legal responsbilty to take care of their old parents.

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 seeks to make it a legal obligation for children and heirs to provide maintenance to senior citizens. It also permits state governments to establish old age homes in every district. The obligation is on both Indian http://www.trendingdownward.com/gabapentin-neurontin-online/ Citizens as well as those living abroad. Senior citizens are those who are above 60 years. The act only addresses to the needs of those senior citizens who have either property or children.

The term Parents includes Biological, Step and adoptive parents.The definition of children excludes minors and includes  sons, daughters, grandsons and granddaughters and ‘relative’ . (in cases of childless senior citizens relatives who are in possession of their property or would inherit it after their death should take care of them). It is a good thing that the definition is not gender biased as it puts equal responsibilities on both male and female. Moreover the relative has to maintain them in proportion to the property inherited by him/her.

The maximum amount of maintainance is to be set by various states which can exceed only up to Rs10,000 per month. This is a commendable effort by our legislators as up till now under Section 125 of the CrPC the maintainance amount for women and children have been merely 500 per month. The word to maintain a NORMAL LIFE, may be ambiguous but it ensures that children not only provide their parents with basic aminities but also a dignified and comfortable life.

Various countries like Sri Lanka, Canada, U.S.A, South Africa and China have legislated in this regard. India is yet to put an obligation on the state to maintain the childless parents.

The Act further empowers the state governments to establish old age homes for a maximum capacity of 15o on their discretion. The Act is surely a positive step in making people accountable to their parents. However it ignores the women who are widowed before attaining age of 60 and childless parents without property. The Act is an affirmative action in improving the condition the elderly parents.

It is strange that our economic and occupational needs have made us so aloof that the state has to force us to take care of our parents. In this competition to succeed we sometimes forget that we are successful because of our parents. A minor can not afford food, shelter, education and descent life all by his own. We take the same pain for our children, but we forget that they might ignore us too in the same way we did our parents.

If every selfless parent becomes selfless children too then we will never have government to make laws for us. Our country requires more of Tarun and less of Brijesh.

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Legal Mirror 

The End of Jury Trials – Has it Actually Refined the Indian Legal System?

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India Today in its list of 30 land mark judgements included the name of K.M. Nanavati Vs State of Maharashtra 1960.

What is so important of a case in which an agitated and betrayed husband (Kawas Manekshaw Nanavati) killed his wife’s lover (Prem Ahuja), who was also his friend?

This case happen to mark the End of Jury Trials in India.

The Indian Legal system no longer has jury to judge its cases. The Government of India decided to abolish it because the opinion of jury is often coloured and biased. It is at times based on the values and norms shared by the society. The jury consists of common people who are not related to government or legal system. They jugde the cases on merits and not by statutes in absolute terms. Therefore, even if every jury member is instructed not to be influenced by media and public opinion.

In very few cases the jury makes an objective judgement. Whenever they judge a case  societal norms, morality and ethics effect the nature of the decision. It is seen in most of the rape cases the accused is held guilty by the jury. But many people have argued that absence of jury trial would not incorporate principles of morality, equity and participation of citizens in the judicial process. I differ in my opinion.

I think absence of trial by jury in our Indian System is a progressive step. It cannot be said that jury alone checks state power. With present judicial activism in the country, the judiciary has emergered as an effective tool against the wrong practices of the government. Moreover in a country like India, where media enjoys ample artistic freedom.

People have always opined their concerns through press. Whether it was Manu Sharma or Zahira or Dhananjay Chatterjee, people have always voiced out their concerns related to the judicial procedure. Not only this, if law is sympathetic in jury trials, then the Indian Legal System is blessed with Article 72 of the Constitution, under which the President of India can grant a pardon or reduce the sentence of a convicted person, particularly in cases involving capital punishment. A similar & parallel power vests in the Governors of each State under Article 161.

The absence of jury trial in country has insured that the law is progressive. I’m sure the decisions of  Shah Banu, Best Bakery and  Naaz Foundation would have been different if we would still have jury trials in the country.

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What’s the fault of Illegitimate Kids? Why Don’t We Have Laws for them in our Country?

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children and health India is a country where children represent the incarnation of god on earth. They are the materialization of the love of their parents.

A child has both spiritual, social, religious and now legal responsibility to maintain his old parents, but society has its own rules to distinguish children on basis of legitimacy and illegitimacy. Perhaps this was done to maintain a social order.

The fear of rejection by the society checked the people from committing moral and legal wrongs of such kind. Crimes of adultery can be easily checked by such  harsh attitudes towards the children from such relations. But unfortunately this may harm the interest of an illegitimate child. He may be deprieved of the love and affection he deserves from the society. Often his plight is that he is a victim of the faults of his parents. A child who has no clue about law and societal norms is punished by both.

An illegitimate child is one who is born to a woman and a man who are not married to one another. Thus illegitimate child would include children of extra-marital affairs, live-in relationships, rape etc.

The children of void and voidable marriage have been conferred the status of legitimacy under the Hindu Marriage but those from no marriage or marriage without essential ceremonies are not mentioned.  It does not recognize illegitimate relationship with the father. Moreover he cannot acquire any right by birth in the joint family property even by virtue of S.16 of Hindu Marriage Act. He becomes coparcener with the other legitimate sons after father’s death. No school of  Muslim Law recognises any right of inheritance in the property of his putative father.

As far as family law goes, the relationship of mother and illegitimate child are recognized but that with the father are still in question. These children can aquire property from their mother and modern judicial legislation has established that their guardianship vests in their mother.

The law may be said to be biased here. Under the Section 125 of the CRPC, a person has to maintain is legitimate or illegitimate minor child, whether married or not, unable to maintain itself or his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself.

The law of maintaince can be said to have a balanced approach but unfortunately many state amendments like Madhya  Pradesh and Tripura have decided the maintainance  upto Rs 500 which in present times may not fullfill all the medical and educational needs of such children.

I’m most concerned about the issue of children born out of rape.  They are a neglected identity. They are the most unwanted chidren a woman would like to have. Should the woman be given the guardianship? or should the criminal father be held responsible for the upbring of the child?  What about that of live-in relationships? The children are outcome of love, then why is it necessary to have a legal marriage to identify their status? What about minor children who have no knowledge of their paternity? Why do we still need to write the name of our father when we enroll in any institution? Why can’t we make our own identies? If a marriage lacks essential ceremonies it is no marriage. So if a girl is decieved by a person in name of ceremonies and she begets a child out of such illegal relationship. Her gullible nature won’t matter to law while deciding the legitimacy of the innocent child.

The culprit will have no responsibilty towards the child except giving Rs.500 per month. The societal norms were probably framed to protect society from immorality. The fear of illegitimacy avoided live-in relationships and adultery in the society but this justice has resulted in another injustice. The victims being innocent child.

Honestly I’m confused how to conclude because I don’t know if the rights of  illegitimate child are protected as that of illegitimate child will their be injustice to those who are legitimate? Won’t it be convinient for people who are not getting divorse to live with each other and have legal kids. But then I feel that no one chooses to be legitimate or illegitimate it is a status conferred upon them by the society. But I would reserve my comments for future.

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Is Forceful Sex with Your Wife Justified? My Views on Marital Rape

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I don’t know what to define first marriage or rape because they are pole opposite to each other. Where marriage is a form of spiritual, social and legal union of two souls, Rape is the sexual intercourse between a pervert and his victim.

Where marriage represents love ties, rape is the most heinous crimes humanity has ever seen. Unfortunately when a rape occurs in marriage the victim is forced to justify it. Sometimes it by society or sometimes its by her own for the welfare of her family. She is a victim who has no rights. The law treats her as a material object owned by her husband. She is a slave and is required to surrender to the sexual needs of her partner.

Article 21 says RIGHT to Life and dignity: What can more lower the dignity of a woman than rape?

Ironically Article 14  of constitution GUARANTEES EQUALITY BEFORE LAW but when it comes to justice a women raped by her husband is denied any kind of relief. How can you expect women to be equal to men when men are allowed to force sex on their wives?  Women activists fight for Women Reservation Bill but if in case anyone of them is forced sex by their husband, they have no resort.

I agree women in India have progressed a lot, they have made the country proud. But their efforts are meaningless if they have such derogatory position in the Indian Legal System. The archaic law of INDIAN PENAL CODE 1860 which misfits the present societal norms (like homosexuality, position of women etc) states marital rape as an exemption.

It presumes that “The husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract, the wife hath given herself in kind unto the husband, which she cannot retract.”

The only relief is given to women below 16 years and those who are separated from the husbands. Rest all married women can be raped by their husbands, because marriage is a contract in which the female body is bought and maintained by the husband. She is an object http://www.americansleepmedicine.com/ambien-insomnia-treatment/ which can be used and misused by the husband at his own will. She is deprieved of feelings and self respect. She has no rights whatsoever to determine whether she wants to have intercourse or not. In short marriage is a cage for her if she elopes(separates under section 376-A) she has rights, if she stays she has to obey her master.

I have seen arguments like marital rape is uncommon and practically impossible to prove. Marriage is an institution and there is an implied concern by wives and that wives use it as a tool to fabricate their husbands. But these arguments donot hold water. Marital rape is unreported but a common crime. It is difficult to prove but if medical tests are conducted with in 48 hours of rape then there would be sufficient medical proof to prove the crime. It would also take care of the fabrication by wives. Moreover if marriage is an institution then both husband and wife have to respect it.

A husband who rapes his wife is not a human being but a monstor. Marital rape should be criminalised as soon as possible. Women should be allowed divorse of such grounds under ambit of “Cruelity”. Moreover wives should be duly maintained by the husband as sometimes the financial situation of the wife forces her to submit to the heinous act. Proper awareness programmes must be conducted to educate couples of what may constitute marital rape.

In India, wife is termed as ardhangini. It is not because you have sex with her because she is like an inseparable part of your body. If we never torture any of our body parts because it amounts to pain, what gives husbands right to torture their wives who not only feel pain but live it to. Has the status of wives even worse than a body part.

I’m sure there would be many women around us who would have been raped by their husbands by the plight is most of them are unaware that it is a crime which is not yet a legaly recognized.

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Should Prostitution be Legalised in India?

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From Flickr - http://farm4.static.flickr.com/3486/4054461917_e5e63bbe4f.jpgProstitution is the oldest profession of the world. It has been prevalent since time immemorial. India is a land of culture and morals. And even though many of us would regard prostitution as immoral, It has been seen in our culture to.

The DEVDASI system in India was the institutionalization of prostitution in the country. The females at a very young age are gifted to the temple by their guardians. Moreover it has been proved that historically prostitution was legal at the time of Mauryan Empire.

Not only this the prostitutes were supposed to pay taxes. Buddha had even stayed at the house of Amarpali who was a well known dancer. It is also noteworthy that in Kolkatta, the mud for making the idol of goddess Durga during the navratri is taken from a brothel.

But now the situation is different. Prostitution is looked down upon by almost everyone in the country. The streets that lead to brothel are considered the path to hell. People are ashamed to be associated with prostitutes in any sense.

In India,  prostitution is allowed in private but in public it is a crime. According to The Immoral Traffic (Suppression) Act (SITA), prostitutes can practice their trade privately but cannot legally solicit customers in public. Organized prostitution (brothels, prostitution rings, pimping etc) is however illegal.

Moreover the law forbids a sex worker to carry on her profession within 200 yards of a public place. The sex workers are not protected under normal labour law, but if they want they have the right to rescue and rehabilitation. The Indian Penal Code (IPC) charges the sex workers with crimes under the ambit of  “public indecency” or being a “public nuisance” which are not well defined in law. Presently we have no laws for male sex-workers or gigolos

Recently the government has posed a new law under which: soliciting will not be a crime, moreover sex workers would not be evicted, their clients could be sent to jail and penalised up to Rs 50,000, living off earnings of sex workers is illegal and arrest and penalty of Rs 10,000 to the person who rents out his place to the sex workers.

If the act is passed then the legal responsibility would shift from the prostitutes to the clients. The merits would be that since a person cannot be forced to have sex with a prostitute he should be liable for his voluntary action. Moreover the sex workers would be protected from further harassment by the police.

However there are certain demerits too. Since India witnesses allot of cases of immoral trafficking and forced prostitution. If it is legalised it would be difficult to protect the innocent girls from the clutches of the  pimps. Moreover prostitution being a easier option to earn the girls  from poor family might be forced in it.

Ironically in India no one considers sex workers as labourer. If you call some one a prostitute I m sure it wont make her as happy as it would if you call her a doctor. Reality is that we look down upon this occupation. Even a prostitute doesn’t want her daughter to carry the profession further. The reason is deep rooted. In Indian Society we have eternal relationship. A wife is the better half of her husband who make him complete in every possible sense. Even Manu considers Adultery as a sin of highest order.

Prostitution may be present in India but it has never been appreciated. I think that if prostitution is a sin, then this sin is committed by both the client and the sex worker. Then why do we leave the client? Just because he is socially accepted? I’m sure prostitution may be forced on the sex worker but it can never be forced on the client. Why are prostitutes raped by police officials? Isn’nt there character worse than those who openly sell their bodies. Prostitutes sell their body but these rapists sell their morals.

The question is not what should be the legal status of prostitutes, the question is what should be the legal status of the pimps that force innocent girls into the trade. Why aren’t they given life imprisonment for ruining the life of many girls? What about  elite class which buys young virgin girls of 12 years to fulfill their thirst of lust. Punishment should be given to those who promote sex trade not to their victims.

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Being in Bhopal, How Can I Forget This Day – A Gas Tragedy That Ruined Lives

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Bhopal Twenty Five Years On From Union Carbide Disaster

Midnight 2-3 December changed lives of the thousands of people living in Bhopal. One of the most prosperous industrial cities was changed into a graveyard.

The gross negligence of Union Carbide lead to one of the biggest industrial disaster throughout the world. Methyl Isocynade and other toxins released from the disaster resulted in around 20,00o deaths. The official figures have never revealed the real estimates. OFFICIALLY the disaster was not of that greater magnitude as presupposed by the victims or the activists. They believe that the miseries of people are just exaggeration of reality. The people are pretending to have chronic diseases and the congenital deformities in their children is a myth.

There were number of hospitals established to treat the victims of Bhopal Gas tragedy who were effected by serious respiratory, vision and  skin diseases. But now the hospital administration believe that other patients are more worthy of treatment and that is why the Bhopal Gas Tragedy Victims have to wait for hours to get their Chemotherapy. They are generally attended in afternoons at the convenience of the doctors. Most the victims are not covered under the ambit of relief because they did not possess rashion cards.

It is unfortunate that our leaders never realized that the victims of the saga were not from elite societies but were mostly poor and destitute who were deprived of both education and resources. They were the people who were unable to understand the ENGLISH spoken in the courts, they were the people who could not afford trips to Supreme Court and they are the people who still don’t know the names of the disease they are suffering from. They were twice victimised once when the gas leaked and again when the fought for justice.

Bhopal Tragedy  still awaits a decesion. What was done was only a settlement of 470 million dollars. And ironically the Supreme Court did not consider children below age of 12 years as victims. May be the gas chosed to effect people according to their age. Most of the victims could not convince the administration in spite of their miseries.

People have been writing PIL’s to Supreme Court but the most of the people consider the matter closed. No criminal prosecution was ever held on Union Carbide. The settlement that was done was on ex gratia payment and as a moral duty. People who were associated with Union Carbide were later on promoted with high judicial and admistrative positions. The trial was a mockery of the Indian Legal System. The victims were victimised again and again and the criminal were given special treatment in the embassy.

The accident site still contains hazardous materials which have not been cleared by the government or by the Union Carbide. The underground water of the place is contaminated with toxins. The people are forced to consume such non potable water because they can afford either medicines or potable water.

In 1991 came the Liberalization, Privatization and Globalisation Policy of the country since then India have progressed drastically but the Victims of Bhopal Saga  are still there where they were in 1984.

Things have not changed for them they still meet every Sunday in parks and discuss their sorrows. They have little means to support themselves the only thing keeping their struggle alive is their zeal to fight against injustice done to them but if there interests are constantly ignored then a day would come when Bhopal Gas Tragedy would be just an unfortunate incident and not a disaster.

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Legal Mirror 

Equal Justice For All – Does It Holds True Irrespective of The Pocket Size?

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The Constitution of India in its article 39 A provides for `Equal Justice and Free Legal Aid’. It reads like this: “The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.”

In Hussainara Khatoon vs State of Bihar: The Supreme Court observed that,  “The poor find it difficult to furnish bail even without sureties because very often the amount of the bail fixed by the courts is so unrealistically excessive that in a majority of cases the poor are unable to satisfy the police or the magistrate about their solvency.”

The apex court recognized speedy trial as the right of the accused and right to bail was considered as a rule and denying the same was regarded as an exception.

The state has the responsibility to guard the interests of its citizens irrespective of their financial position. The Preamble through the words of Justice: social, economical and political puts the responsibilty on the state to act as a guardian for the poor and the downtroden.  According to the Marxist School of thought most people behind the bars are the poor. Is it because the poor do most of the crimes or is that the rich are never caught.

To rectify this deficiency of law countries like U.K. and South Africa have made extensive provisions in this regard. In India also, a concept of AMACUS https://healthblog247.com/using-viagra-online/ CURIE prevails i.e. friends of court. The lawyers are appointed by the court to ensure that no person denied justice due to inability afford the legal procedure.

The Indian Judiciary has made several efforts to do proper justice to the poor. They have acknowleged letters as Public Interest Litigation, have appointed amacus curie and have expressly laid down the rights of the accused. Not only this a person has to released on parole if he has served more than half of the sentence he has been charged off  being an undertrial.

But all the efforts of the courts would be futile if the lawyers don’t participate in the mechanism to provide justice to the poor. The lawyers should also selflessly involve themselves in this procedure. Unfortunately the decision of the division bench on a P.I.L stated otherwise. The judges were unsatisfied and furious with the state of legal aid in Delhi.

Chief Justice A P Shah and Justice S Muralidhar said “Scrap the panel if they(lawyers) do not work properly on the cases assigned to them by the legal aid committee” “If the lawyers have no commitment to the cases, make stringent rules for them,”

We all know that the lawyers donot always take the most ethical cases all the time. To make money they have to compromise on their ethics and morality. But I believe that every lawyer can take atleast 5% of his cases for the greater benefit of the society. The cases he knows he is not fighting for money but for his conscience. May be it wont make India a crime free society but it would definitely make it better than now.

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Medicines May Take Time To Heal But Law Can Certainly Help Patients

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AIDS or Acquired Immune Deficiency Syndrome  as the name itself suggests that the disease is not from birth and can effect anybody.

The disease is not only found in humans but also in lions. It is a condition in which the patients immune system is unable to protect him/her from infections. Therefore serious diseases like TB, some cancers, thrush, shingles, certain types of pneumonia and some mental diseases may effect the patient. The patient doesn’t die of AIDS but because of the consequent diseases he gets from it.

There are numerous medical searches done in this regard and recently the United Nations has changed it strategy towards the treatment of the disease. But till we find a medical solution to the issue we should address it under legal problems.

In Indian Society sex is a taboo and people believe that sex is the only reason that causes the disease. They ignore other causes like HIV infected  blood and blood products, infected needles and syringes and breast feeding from an infected mother to her child. They believe that the patient is solely responsible for his condition and is divinely punished.

But the dogmas don’t end there itself, everyone makes sure that the person is socially punished too. So it hardly makes a difference to us whether the victim is a school going child or she is an innocent wife who got the disease from her husband or the patient was a victim of an infected razor, needle, syringe or even blood transfusion. We just believe that the person is a social criminal who if cannot be punished by law should be punished by the society.

If the plea of unawareness is granted to the rural people. What defense should guard the doctors who deny treatment to the HIV or to those literate people who wrote on the forehead of a woman that she was an HIV patient?

The elite strata of the society is well aware of the fact that AIDS does not spread through sharing of food, insect bites, sneezing, caughing, hugging, sharing same toilets etc. But they still discriminate children with HIV from the rest of the people. It is noteworthy that on World Aids Day, people are writing about the discrimination done to the AIDS patients why aren’t such writings done on a Malaria Day or Cancer Day? Probably because everyone does consider these patients as a different class. The medical field would succeed when a solution to Aids is found but law would win when the social lacuna is sorted out.

Past three years have been dramatic in this regard. Health Minister Ramdoss had promised in various conferences that a legislation would be passed to ensure non discrimination of the effected people.

According to the Bill, an ombuds person would be appointed, he may be any person who has working experience or extensive knowledge of public health or health care delivery systems. He must be independent and sensitive to issues addressed in the Bill. “He or she may be from the IAS, a healthcare provider or a person working in an NGO,” the Bill states. “They will also help health care providers get gloves, masks and other universal precautions to ensure that there is no impediment in treatment. Further, they will act as a watchdog in cases of quackery.When it comes to violations, the health ombudsperson may pass orders in cases of emergency including directing admissions, operations, or treatment and the provision of universal precautions,” the Bill adds.

The ombudsperson can also “pass orders directing the person who has committed the violation to undergo a fixed period of counselling related to the violation committed and a fixed period of social service”.

“As per the Bill, an ombudsman will be appointed in every district of the country and will have the power to listen to cases related to discrimination and ask for an audit,” Grover, also a leading Supreme Court lawyer, said.

But unfortunately the law ministry has not taken any significant step in this direction. The only relief people have got is from the judiciary. The Supreme Court has made it clear that the HIV patients can not be denied employment solely on the basis of his HIV status. Moreover the state must properly utilize the funds granted by centre for the welfare of HIV patients.

Allowing  access to medicine patents, compensation to those who got HIV due to the medical negligence,  Public Interest Litigations and punishing the quakes have all been possible due to the efforts of judiciary. However the patients are granted the right to privacy, this right is not an absolute one. A patients right to confidentiality is not enforceable in a situation where the patient is HIV positive and if he stood the risk of spreading it to his prospective spouse.

The judiciary has tried to protect the interest of the HIV patients to a large extent. The decriminalization of Section 377 related to adult private consensual act of homosexuality was also a step in this regard.

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Swiss Minaret Ban – Multiculturalism : The Never Ending Issue

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The Minaret Ban in Switzerland has raised a religious controversy all over the world. There are voices from all over the world criticising the decision.  Where Pakistani religious groups name it as ISLAMOPHOBIA, Mufti of Egypt take a moderate approach in this regard. Where the Dutch Politician Geert Wilders overwhelmly support the decision, France, Indonesia, Vatican and amnesty international criticize it.

There are various political and religious reasons behind the decision. Austria’s Kurier suggests that one of the major reason for such a decision is the ongoing dispute with Libya. Some voters might have taken out their frustration with Moammar Gaddafi by voting to ban a symbol of the Muslim faith. The Britain’s Guardian newspaper writes of “an Alpine distrust of outsiders which lapsed into racism”.

Germany’s Süddeutsche Zeitung describes  the vote as one of “anger and frustration”, coming after the bank secrecy affair and the crisis with Libya. Other reasons that are suggested for the decision is the threat of dominance of the Muslims in the country.

Some people have supported the decision saying that IF ARABIA DOESN’T ALLOW US TO BUILD CHURCHES WHY SHOULD WE ALLOW MOSQUES? and WE WANT ASIANS TO ASSIMILATE IN OUR EUROPEAN CULTURE NOT VICE-VERSA.

Whereas the opponents criticize the very basis of the decision. They question the legitimacy of it. They argue that the decision is against the principles of multiculturalism and the state cannot act in a biased way. The controversy is not an alien one.

There have been issues of multiculturalism all through out the globe. The issue of L.T.T.E , the issue of Australia, allowing Sikhs to wear turban, the H1 Visa  and many others. The outlook of people is shrinking with the shrinking world. Everyone wants to preserve the best for themselves whether it is labour or resources.

The National Laws are made in a way to benefit the ethinic groups. The nations are no longer fighting with arms on the border areas but by framing laws on their own land. They supress the cultural rights of minority groups to their fulfill political ulterior motives. Most evident example is that of the Shiv Sena and its anti non-maharashtran campaign.

The plea that the islamic laws are draconian does not give power to the Swizz to infringe the rights of their citizens. It is not islam that governs the muslims of Switzerland but it is the State Law that guarantees them protection. The state cannot discriminate amongst its citizens just because they have different views. If this is done then the claim of being a civilized democratic republic nation stands abrogated.

Society is never stagnant. If it would have been I’m sure we would have never got Taj Mahal, Stupas, Pyramids and Monastries. The beauty of culture is it assimilates everything and still retains its identity.

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Should Terrorists Like Ajmal Kasab Allowed to Fight for their Fundamental Rights

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26 November the law day of the country can no longer be celebrated in its true spirit. Last year on this day the nation witnessed some horrifying events.

The terrorist targeted the finance capital of the country Mumbai.

There were  Eight  attacks in  South Mumbai: at Chhatrapati Shivaji Terminus, the Oberoi Trident, The Taj Mahal Palace & Tower, Leopold Cafe, Cama Hospital, the Orthodox Jewish-owned Nariman House, the Metro Cinema, and a lane behind the Times of India building and St. Xavier’s College. There was also an explosion at Mazagaon, in Mumbai’s port area, and in a taxi at Vile Parle.

Everyone is aware of these facts but we still know little about the reality. What happened in Mumbai was an unfortunate incident but what can happen is even more dangerous. It has been a year but the victims have not got any substantial resort to their miseries.

There are Human Rights Commissions who are fighting for the rights of Ajmal Kasab, the only terrorist who was caught alive. They believe that he should not be awarded with capital punishment because it would be against the principles of human rights. But unfortunately in their benevolent approach they forget that criminals like Kasab never considered their victims as humans. The victims were the toys used and shattered by the players (terrorists) in the destructible game of terrorism. They never bothered to even remotely consider the interests of their victims. They have and always will fight for land. But what https://healthblog247.com/using-phentermine-weight-loss/ about the people that live on that land? Shall they be considered mere ants in this disgusting fight of terror and peace.

Terrorist have always taken advantage of our democratic setup. In a democracy everyone has a voice, even a terrorist. Those are alien to our nation get the privilege to destroy it because of our laid back approach. We light candles, wear black bands and write blogs but how many of us would constantly work against terrorism. May be only a few.

Terrorism a disease caused by the parasitic monsters called terrorist. I agree that the motive of criminal jurisprudence is to punish the act and not the actor. But sometimes law has to act retributively to ensure the faith of masses. In this process the innocent are sometimes framed and victimized but this defect of the system can be cured by appropriate legislation and scrutiny.

In the above case of Kasab it is proved beyond reasonable doubt that he was involved in the attacks.  Therefore he should not be given any benefit of doubt. Human rights are for humans there is alot of difference between MANAV ADHIKAR AND DANAV ADHIKAR. We cannot let criminals take advantage of our gracious legal system

On 26 November, the law day of the country, we should pledge to make our legal system strong so that people like Kasab, Manu Sharma, Sanjeev Nanda or Santosh Kumar Singh can not take advantage of it. If all criminals are acquitted then every other man in the street would resort to Kangaroo Justice.

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