Do Award Givers Actually Know Whom to Select – Former Militant Gets Padma Shri
Feb 3rd
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.
A Raging Cold War between China and United States – Two of World’s Biggest Diplomats
Feb 2nd
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
Beggars, Beggars and Beggars – How to Elevate Them? Money or Work
Feb 1st
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 (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.
Racial Discrimination? Is it a Matter Just of Boundaries or More of Human Feelings
Jan 10th
Man migrated from villages to towns, from towns to cities and from cities to countries in search of better opportunities and life. Unfortunately this dream for progress has turned into the worst nightmare of the present times.
The quest for satisfaction has resulted in the ethno-cultural discontentment. The rights of indigenous people are challenging the rights of the migratory population. India faces this situation both at the global as well as at the domestic level.
Recently the north-eastern community expressed their concerns in Delhi. They alleged that they were constantly targeted, labeled and humiliated by their fellow Indians. Their physical features have been the basis of their continuous harassment through out the country. Similar issues are faced by the North Indian community in states like Maharashtra. Take for example Dhwaj, an engineer who works in a Multi National Company was proud to serve the state but at the same time he felt that the forces like Shiv Sena had effected the communal and regional harmony of the place.
But now this discrimination has surpassed national boundaries. It has been about a year now that the Indians are facing harassment in Australia. International students are worth $13bn (£8.1bn) to the Australian economy each year. The Australian tourism forecasts predicted a 21 percent drop in education arrivals from India, resulting in an economic loss of 78 million Australian dollars (69.5 million U.S. dollars). There is continuous threat to lives of Indians in Australia. They are the targeted group and sources suggests that about 1447 persons of Indian Descent have been victims of the wrath in Australia. The Ministry of Home Affairs has not done much in this regard. All official actions stand fail when we look at the ground reality. The news paper articles are flooded with information describing the misfortunes of the victims. Jaspreet Singh was set ablaze by a group of four attackers in Melbourne. He was fortunate to survive but the luck did not favor Nitin Garg(21 years) and Ranjodh Singh(25 years) who were found dead.
Australia was considering to make hate crimes as a statutory offense which would have protected the interest of the targeted groups like Indians and Homosexuals. This declaration was done in June and but no further step was taken. The country already has some laws but their implementation is questionable.
Let us assume that the Australian police favors the minority rights but what if they don’t? What if they are not taking stringent steps against the attackers. The sequence of attacks which started with minor assaults and robbery have now resulted in deaths of the victims. The hate crime has increased tremendously in a year and chances are it would increase further. Only a drop of 20% is expected in the enrollment of Indian Students in Australian Universities. This decline does not put more pressure on the Australian Government. The Ministry of External Affairs is engaged in diplomatic dialogues and cautions the Indians to take due care. The attitude of both the Australian and the Indian Government is disappointing.
At least India should take stringent actions to prevent the problem. Indian Students contribute almost 2.5 billion dollars to the education industry of Australia. For safety the country should discourage prospective students from going there. Moreover diplomatic pressure must be created. The youth in the country should also support their comrades. Peaceful demonstrations and awareness programs should be instituted by the students in the country. The media should take up the issue seriously and influence the government to take requisite actions.
The official stand would definitely make a difference but the real responsibility lies on the people. They should live in harmony with each other and if they cant then the Australian government should not encourage its institutions to enroll large number of foreign students. Immigration laws should be made stringent by them if they intend to discourage Indians to be a part of their economy, but resorting to violence would not only harm the Indians but would also malign the image of Australia on the world forum.
Are We in The Wrong Hands? Credibility of Indian Judiciary on Sale
Dec 12th
Indian Judiciary System - Truth is Winner
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.
United States of India (USI) – Its Happening Soon ! Telangana Carved Out of Andhra Pradesh
Dec 11th
Telangana Separates From Andhra Pradesh - Location Map
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.
Legal Obligations to Help Our Parents. Are you kidding me?
Dec 9th
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 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.
The End of Jury Trials – Has it Actually Refined the Indian Legal System?
Dec 8th
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.
What’s the fault of Illegitimate Kids? Why Don’t We Have Laws for them in our Country?
Dec 7th
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.
Mumbai is a Metropolitan, Not a Religious Playground for Politicians – Pakistan IPL Players Controversy and Shah Rukh Khan Comments
Feb 9th
Posted by meghna in Bollywood
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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 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.