Legal Drift – Page 8 – LAW NOT ONLY FOR LAWYERS BUT FOR THE LAYMAN

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

meghna 2 Comments AMACUS CURIE, bail system india, courts india process, fairn legal trials india, indian legal system issues, legal aid india, legal help india, legal improvements india, legal system india, public interest litigation

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.

Legal Mirror Social Issues

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

meghna 0 Comments Acquired Immune Deficiency Syndrome, aids, aids disease, aids health concerns, aids precautions, hiv positive, hiv problems, sex taboo india, unsafe sex, world's aids day

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.

Social Issues World

Swiss Minaret Ban – Multiculturalism : The Never Ending Issue

meghna 2 Comments islamist issues, islamophobia, issues of multiculturalism, libya dispute, minaret ban, minority rights, Moammar Gaddafi, multiculturalism, shiv sena campaign, switzerland ban, switzerland religious controversy

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.

Legal Mirror Politics

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

meghna 0 Comments 2009 terror attacks, 26 november attacks, 26/11, ajmal kasab, human rights terrorists, kasab terrorist attack, mumbai attack, mumbai blasts 2009, mumbai terror attack, terrorists fundamental rights

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.

Politics Social Issues

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

meghna 1 Comment 1992 ayodhya issue, ayodhya case 1992, babri mazid case, babri mazid demolition, bjp babri mazid, hindu muslim issues, hindustan secular, liberhan commission findings, liberhan report, mosque demolition 1992, secular forces

“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.

Social Issues

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

meghna 0 Comments 14 november, child abuse, child day november 14, child laws india, child pedophiles india, child sex, children exploitation india, children's day, childrens day celebration, happy childrens day, jawahar lal nehru birth day, pedophiles india, section 376 india

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.

Legal Mirror

Governing The Governors – Judges Declare Assets, Causes Stir

meghna 0 Comments assets with judges in india, bribery judges, indian judges, judges assets india, judges credibility india, judiciary india, legal system india, right to information legal system

After the declaration of assets by the Supreme Court Judges there is a lot of hue and cry everywhere. Some people are delighted by the transparency of the system others are scared by the consequences of the same.

Disproportionate property has always been a major concern for public officials. They have been haunted by the idea of public scrutiny and Right to Information Act and now the clutches of law have even tried to catch hold of judiciary.

Supreme Court Judges have declared their assets voluntarily few days ago. However it is startling that the assets of some senior most judges were very less in comparison to other judges. Some of them had no fixed deposits, property, investment in shares and other worthy possessions. Their declaration was voluntary and was not verified by an official inquiry.

However this declaration created a state of havoc in the legal fraternity. Everyone related to the field was either glad or terrified to hear about the event. Then there came series of comments from dignitaries of the field.

‘We cannot expose our judges to public scrutiny or inquiry because it would hamper their functioning and independence,” Attorney General Goolam E Vahanvati, appearing for apex court registry, contended before the Delhi High Court.

The AG contended other agencies should not be allowed to interfere in the judiciary. “Judges cannot be judged by public perception. The Judiciary cannot be exposed to third party. There is no problem in having better transparency and accountability in the system but it should come from within the system,”

The assumption that it would hamper the functioning and independence of judges is a flawed statement. If public scrutiny is imposed on judges then the ugly truth of bribery that exists in judiciary can be curtailed to a large extend.

JUDGES CANNOT BE JUDGED BY PUBLIC PERCEPTION ? None is judging the judges, the Right to Information Act would only ensure that people who are judging don’t assume divinity just because they are privileged by law. Rather judges are more accountable to people than any other public official because they are ones who have to protect both the rich and the poor, who have to look in for the rights of the victims as well as accused and who have to stand for and against the legislature and the judiciary. They are the one’s who have responsibility to declare a flawed law as unconstitutional.

I think no office protects public interest than judiciary as judiciary does. It is something that people look up to and if they demand transparency in return, it must not be a problem. Our judges have always protected people and if people demand to know their assets it should not offend them.

Social Issues

Should Abortion be Legalized in India?

meghna 0 Comments abortion in india, abortions, india pregnancy, india pregnancy issues, indian women torture, issues women india, physical issues woman, pregnancy act 1971, pregnancy laws 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.

Bollywood

Madhur Bhandarkar – The Director Who Showed Us Reality May Now See The Reality Himself

meghna 0 Comments bhandarkar rape case, bollywood director rape case, madhur bhandarkar rape case, preeti jain rape case, rape cases, sex scandal madhur bhandarkar, sexual scandal bollywood director, shiny ahuja sex scandal

Bollywood Scandals On 11 November 2009, came a shocking decision for Mr Madhur Bhandarkar when a Mumbai Court convicted him for rape of Miss Preeti Jain. She alleged that she had sexual relations with the director. She was subjected to forced sex whenever she refused to do it consensually.

The credentials of the model turned actor Preet Jain are also doubtful. She had put similar allegations on composer. Moreover she was sent to jail for conspiring murder of Mr Bhandarkar.

This sexual scandal is connected with power and position rather than love and lust. The actress was denied the privilege of a leading role and she revenged the director with the case of rape. She took the defence that the relations were made by force and deceit and therefore she was protected by the Indian Penal Code under section 376 .

The decision may be woman friendly but the credentials of the case has to be looked into. If there was consensual sex it cannot be categorized as rape just because the aspirations of the actress were not fulfilled.

This is not the only case that involves bollywood and sexual harassment. The recent Shiny Ahuja case is even worse. In Bhandarkar’s case the model did have continuous consensual sexual relations with the director but in the other case, the maid was subjected to rape by her master. Fortunately the evidence was not destroyed as she did not cleanse her body before going to the police.

Time and again such incidents have occured in Bollywood. Mamta Kulkarni’s sister had alleged Anupam Kher for molesting her. Rajesh Khana, Aditya Pancholi and Jackie Shroff were framed in similar cases. Shakti Kapur who was shunned by bollywood after his sting operation is again into the showbiz.

People are concerned about rape victims till the case is discussed in media. When the media forgets an issue so do the people. The sufferers are the only ones who have to go through the legal system. The actors can easily escape through resources, influence and power but the victim is forced to live a life of destitute who is belittled by the paternal society for standing up against for herself. Societal norms are still against working woman.

Their harassment is always questioned and the answer often lies in her character. May be Preeti Jain was actually raped. It doesn’t make a difference whether she has or hasn’t acted in obscene videos. Why the character of women is taken into consideration when we form opinion about rape cases? Or the silver screen of image of Shiny makes us helpless to believe that he was guilty?

Celebrity should not be punished to set an example for efficiency of the Indian Legal System rather he must be punished if he has committed a crime. Just forming opinions about the accused and the victim would lead us no where.

Announcements

What Makes LegalDrift.com Different?

meghna 1 Comment about legaldrift, introduction, legal thinking, legaldrift, press release

India Emblem A drift is a movement or force that makes something move along. Law itself signifies change , movement and evolution. It is a force that can compel people to sacrifice their beliefs and dogmas. Law shapes the opinion of masses in due course of time. Law has the capability to alter the notions of people and this legal force is the inspiration of our site “Legal Drift”.

But what can change law?

Ideas and new thoughts have and will always change the law. Legal Thinking can bring revolutions not only in the legal system but in the society as well.

Thoughts https://www.healthsupportyou.com/accutane-isotretinoin/ have resulted in the rejection of Sati and acceptance of widow remarriage. Thoughts have encouraged homosexuals to fight for themselves. Thoughts have given women the strength to condemn marital rape. In short, thoughts have and always will shape the legal history. This site is an effort to bring some analytical thoughts regarding the current legal and social scenario.

Analyzing every news, happening and occurrence from the legal point of view is the genesis of this site. Principles of justice and law are seen everywhere. Notions of justice prevail from the streets to the zenith , from fables to reality and from children to adults.

Justice is desired by all irrespective of their connection with the legal field. Law is just a medium to fulfill this desire officially. “Law not only for the lawyers but also for the Laymen” is our policy and commitment.