Babri Mazid Demolition Still Awaits a Decision – Some Cases are Forever

A View of Babri Mazid, Ayodhya (Pre 1992) - Wikipedia

“Justice delayed is justice denied“, is an old maxim which has still not turned into a cliche. Indian Legal System  incorporates rights of both the accused as well as the victims, but unfortunately this liberal approach comes with heavy penalties. Most of the times in order to do complete justice no justice is done at all. The victims are left on the mercy of the system.

A massacre or riot  gives birth to a commission which is headed by eminent judges. The commission is given directions to present a report at the earliest but since the time is not specified even a span of 17 years may not be enough for it. The Liberhan report is evident example of the same. The demolition of Babri Mazid took place in 1992 but the report was handed over in 2009. This is nothing but a mockery of the Indian Legal System.

The findings of the Liberhan Commission have indicated that senior BJP leaders like L.K. Advani, Atal Bihari Vajpayee and Murli Manohar Joshi were one of the prime promoters in the demolition of the Mazid. Any prudent person can understand that if the commission took 17 years to indicate the names of the culprits involved, it might just take another 25 years for our judiciary to hold them liable.

Since those who are being mentioned in the report belong to the opposition, the defence of fabrication is always available to them. Even the ruling party would not like to lose its Hindu votes while delivering  justice to the minorities.

Babri Mazid is a forgotten past for many people. Some of them never bothered and others believe that justice to some may result in subsequent injustice of riots to others.

In India there is unity in diversity and I am convinced that most of Indians have secular ideologies. The politicians however have always infuriated the communal sentiments. Take for example if a Leader of a political party is hanged for creating communal havoc, it would not effect me in any way but if he is portrayed as a religious leader who is sacrificing his life for rest of the Hindus, I might sympathize with him.

The reason why the report took so long was because of popular public sympathy with these leaders. The controversy invoved high profile leaders and taking any stand against them could have infuriated the people easily. The people believed that they selflessly risked their careers for hinduism but  I am pretty sure that everyone of us would have been more proud if they would have risked their lives for the nation.

Our nation would be purely secular only when notions of Hindustan will surpass the notion of Hinduism. We will be true Hindustani then and not just Hindus. We should look for  the leaders who don’t preach rights for majority or minority but those who preach for the Rights of Indians. I’m sure it would never result in riots but harmony, peace and progress instead.

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Can We Do Something About Child Abuse This Children’s Day?

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14 November, the birthday of Jawahar Lal Nehru is celebrated every year as children’s day nation wide. There are programmes and events organised in various schools of the country. This year even multinationals like GOOGLE organised a doodle competition of the young artists.

This certainly doesn’t seem enough. Organizing competitions at school or national level or declaring it a holiday would only give children some happy moments. It however ignores the happiness of those who are constantly deprived of it.

Poverty in the country has lead to many things, one of them being the exploitation of children by the foreigner. The nude pictures of poor children are often uploaded on the Internet for the pleasure of the pedophiles. Not only this there have been instances when people from abroad adopt homeless Indian kids and then sale them in the markets pedophiles.

The most disheartening thing is that we cannot blame people from outside alone. In face, they represent a very small number of culprits. Most of the children are exploited by their own father, close relative , neighbour or employer. They are often attacked by those who are there to protect them. Unfortunately, the kids are both vulnerable and terrified to disclose the reality.

Sex is a taboo in India and when it is forced, the victims often resort to silence because they know they would get no support from the traditional Indian society. In most cases they are subjected to such objectionable acts continuously. It eventually destroys their state of mind. They abhor many things that remind of their childhood past. Even after becoming adults they are haunted by their disgusting childhood nightmares.

If children are the future of the country then we have a responsibility to protect them.  And if we can’t protect, we even have no right to celebrate Children’s Day.

Distributing sweets in schools will give children pleasure but framing a law would protect them.

The only laws that remotely address to these problems are sections 376, 377 of Indian Penal Code and some sections  of the Information Technology Act, 2000.  But there is no specific law that can punish pedophiles or can compensate the victims of such events.

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Should Abortion be Legalized in India?

Right to Abortion: is it a right to choice or a right to legal murder? The issue is litigious as well as complicated to answer.  The pro-choice arguments which favour the rights of mother are contrary to the religious and spiritual pro-life arguments which consider the rights of the child.

The main concern posed in the debate of legalizing abortion is definitely that who’s right to life must be taken into account. A woman’s right to life definitely comprises her right to choice whether she wants the foetus or not.  On the other hand, rights of a father and that of the child cannot be ignored completely.

In India, the Medical termination of Pregnancy Act 1971, states under what conditions legal abortions may be performed:

The continuance of pregnancy involves a risk to the life of the pregnant woman or grave injury to her physical or mental health. There is substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously challenged. Pregnancy occurs as a result of failure of any contraceptive device or method used by any married woman or her spouse. Pregnancy occurs due to rape. If the pregnant woman is suffering from any kind of mental disorder or mental illness.

Abortion is a right that is exercised by a woman and not by a mother. It is not akin to a legal murder as the foetus is not a person merely due to impulse of a heartbeat. If abortion is “killing” a child then killing an animal must be equally or rather more severely punished.

It should be the woman and the woman alone who should decide whether she wants to continue with her pregnancy or not. Her right to choice cannot be superseded by religious, moral, societal or ethical norms because ultimately the unwanted child would be brought up by her. But in a country like India where gross female foeticide occurs out of social pressure it must be taken in into account that such mal practices are not legalized under the umbrella of right to choice.

Apart from the MTP Act 1971, Abortion must also be allowed under following conditions:

If it is not purposefully for female foeticide. If the woman is single (unmarried, divorcee, separated or widow) and does not want to continue with her pregnancy. The period of abortion is only limited up to 20 weeks. In a leading case Niketa Mehta and Haresh Mehta, a couple who filed a petition in the court for seeking to abort their first issue who was destined to be born with acute medical anomalies were denied of this right because she was pregnant for 24 weeks. The couple does not have enough means for upbringing of the child. The couple already has a child and does not want another.

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