A five hundred rupee note was returned back to my friend by a cashier. When she inquired, she was informed that the note was fake. The cashier humbly said “Madam, the note is not genuine; you can be jailed for this. Since you have been a dedicated customer to us, I’m not tearing the note apart. Kindly try to use it elsewhere.”

His reply stunned me but then I thought why do situations like these arise and what should we and what do we actually do in such situations. Well the Section 489-c of the Indian Penal Code states that if any person is aware that he was/is in possession of the counterfeit currency, he may be imprisoned for up to 7 years, or shall be liable to fine or both. Thus, anyone who knowingly wants to pass off a fake currency can be penalized under the Indian laws.

The problem can be divided into two separate heads. Firstly, where does this counterfeit currency coming from? And Secondly, What should be done if you are in possession of such currency?

Origins of the fake currency

Recent police investigations have revealed that ISI is directly controlling the smuggling of fake currency in India. It is alleged that Pakistan is actively involved in such activities and the currency is sent to India via Nepal and Bangladesh.

India shares close diplomatic ties with Nepal. The citizens of both the nations are not required to have visas for travelling to each other’s country. On the other hand, although India and Bangladesh do not have such an arrangement but their geographical closeness between the two often helps people to cross-borders without any legal sanction behind it.

Both these conditions are favourable for our enemy country. The poverty in Nepal and Bangladesh can be conveniently exploited by ISI to ruin the Indian economy. The burden on the Indian authorities has increased manifold recently. There are large numbers of people who traverse to India from Bangladesh and Nepal through a various modes. To keep strict vigilance on all the visitors has proved very difficult in past.

Facts:

1. According to an Intelligence Bureau Report (2008) fake currency worth more than Rs. 1,70,000 crore is in circulation in India.

2. About 22 people who possessed fake Indian currency were arrested in Nepal in 2010 alone.

3. In January, 2010 Younus Ansari, son of Salim Ansari (Former Forest Minister, Nepal) was arrested with fake notes worth Rs. 25,000.

4. The smugglers have now started using more sofisticated and innovative technologies to counterfiet currency. Moreover, instead of carrying large amounts as earlier (70-90 lacks); they prefer smuggling lesser chunks of money (say 10-15 lacks).

Problem

The Week in one of its investigative articles contended that Pakistan is now manufacturing “super fake notes” to India. The notes are allegedly produced in government-run facilities in Pakistan. It is very difficult to distinguish such notes from genuine currency.

Only 95% of Indian currency paper is imported from 11 firms in Europe. Most of the security features are incorporated when the paper is produced. This includes engraving of watermark and magnetic properties to the currency. However, specific features like micro-lettering, placing of Mahatma Gandhi portrait, signature of RBI governor etc are incorporated at the printing stage i.e. in India.

Almost all the South-Asian countries subscribe to these European Firms for the supply of paper for their currencies. The functioning of the foreign firms is also under a suspicion.

Conclusion

Nepal has recently constituted a Central Investigation Bureau to look into the increasing supply of fake currency to India via Nepal which would definitely prove useful in the longer run. But the problem needs to be addressed at various stages by us aswell.

1. The involvement of the European firms must be checked an their tenders must be cancelled in case their conduct is found faulty.

2. Diplomatic pressure should be build on all the three countries i.e. Nepal, Bangladesh and Pakistan.

3. New recruitments should be made in the Border Security Forces. Moreover, the Airport staff and other police officers should be trained and made well-acquainted with the new techniques used by the smugglers.

4. The currency awareness programs in the past have not attained much success in the past. A better option would be to include educational institutions and educate the students in this regard.

(This post deals with why and how the counterfeit currency is reaching in India. The second part of the problem i.e. the attitude of Indians towards fake currency would be dealt in the subsequent post)

Denotified Tribes In India

Numerous tribes find their home in India. The plight of about 150 Indian tribes started way back in 1871 when the British decided to pass an Act against them. Under the Criminal Tribes Act, 1871 registration of all members of notified ‘tribes’ and eunuchs (irrespective of their criminal precedents) was made compulsory. Moreover, their movements were restricted. Penalties were further increased in the subsequent amendments to the Act. The act gave wide discretionary powers to the local government to decide which tribes should be notified as ‘criminal’.

Intentions of the British
These tribes were labeled as criminal because they acted against the will of the British Government. The British who were unaware of the nomadic culture in India considered the tribal practices as barbaric and uncivilized. The tribes did not acquiesce to the unjust forest laws framed by the English. They continued to derive their livelihood from the woods and were thus named as “robbers and thief’s” by the state.
The English believed that criminal characteristics could be inherited from one generation to other. Hence, the penalty was imposed in perpetuity. The commission of crime was no longer a criterion for punishment; birth in a particular tribe was sufficient to constitute an offence.

Situation after Independence

In 1952, the Act was finally repealed by the government and about 2,300,000 tribals were decriminalized. However, the Act was replaced by the Habitual Offenders Act, 1959 and Prevention of Anti Social Activity Act (PASA). The Act deals with the habitual (felony) criminals as those who pose a threat to the country.

Certainly, the Habitual Criminals Act is an oppressive piece of legislation often used by police and policy makers against the tribal. The Act empowers the police to question the members of the denotified tribes. The members of the denotified tribes are often socially ostracized and excluded from participating in census and other democractic procedures.
The present act gives the legislators an opportunity to enact punitive laws against the tribes. Most new laws including forest conservation, wildlife protection, anti-beggary and cruelty to animal have been enacted to oppress them in one form or the other.

For centuries these tribes have been mentioned as “branded criminals” by everyone. The general acceptance among the people that these tribes have “criminal tendencies” has worsened the situation. The police often misuses it powers by harassing their woman. At times, the tribal men are arrested for various offences without any proof. Moreover, they are continuously targeted and labeled as criminals by the upper hindu castes of the society.

Lack of awareness and education has kept them away from political arena. Tribes like Kurava, Bawaries, Paridhis and Sansis are still treated as criminals by the society. These tribes not only find it difficult to make a decent living but are also constantly targeted by the police as prime suspects of crime.

Conclusion

We generally quote “Hate the Crime and not the Criminal” but the same is difficult to implement as complete segregation of the offender from the offence is impossible. However in this case; a person (male, women, child or eunuch) is targeted because he or she belongs to a certain clan. Isn’t the system promoting racial discrimination?
Ironically, young police candidates are taught about these tribes in their police training. The judges in their areas see them as offenders too. Their genuine complaints are not registered. They live under a constant fear that they might be booked under a crime never committed by them.

Aren’t we depriving them the right to live with dignity (Article 21)? Aren’t we forcing them to be criminals?
The answers of all above questions are in affirmative.

If we claim to be a civilized society we need to act as one too. The Habitual Offenders Act must be repealed. Moreover, these tribes must be offered alternative employments by utilizing their knowledge in the tourism, agricultural and ayurvedic industries. Spreading of education and awareness regarding their constitutional rights must be done. Most importantly, the police should be made more sympathetic towards these tribes.

Even being citizens of India they do not own any Voter ID cards, Birth or Death Certificates and other necessary documents. Entitlement to all these documents would pressurize the government to take necessary steps for their empowerment.

Above all the people should raise their voices against the injustice done to these people. Their voices remain unheard on every stage of judicial proceeding. These people are presumed guilty by almost everyone. If nothing is done soon we would have insurgents in the country; who would have taken up arms because of our ignorance.

The termination of Liberation Tigers of Tamil Eelam (LTTE) did not mark the end of miseries in Sri Lanka. When most of the countries in the world are favoring democracy; Sri Lanka recently opted to be governed by dictatorship. On 8 September 2010; the Parliament headed by Mr. Mahinda Rajapaksa passed the much criticized 18th Amendment of the Sri Lankan Constitution. The amendment makes substantial changes in the political structure of Sri Lanka transforming it into a de-facto dictatorship.

Criticism of the 18th Amendment

1. The Amendment not only uplifted the restrictions posed on the president by the 17th Amendment but also abolished the two-term limit on presidency. Thus a president may contest elections any number of times.

2. The President is given wide-discretionary powers to make political and constitutional appointments.

3. He has the power to appoint the Chairman and members of all independent commissions including the Election Commission, Public Service Commission, , Finance Commission, National Police Commission, Attorney General, Auditor General, Chief Justice and Judges of the Supreme Court, the President and Judges of the Court of Appeal, Members of the Judicial Service Commission, Human Rights Commission and Secretary General of Parliament.

4. President has power to attend the parliament regularly and exercise his powers and privileges.

5. The Constitutional Council has been replaced by the Parliamentary Council which is accountable no other institution.

The amendment grants absolute power to the President. In fact, the President would control all the wings of the state. The unlimited power in the hands of the President may result in dangerous consequences. The government in past has been alleged to be involved in mass killings of the Tamilians in Sri Lanka.

Presently, three important political positions are headed by President’s brothers. It is feared that the powers bestowed by the amendment would further worsen the situation. The most disturbing part is that the opposition did not play a constructive rule in criticizing the bill. The opposition leader remained absent from the parliamentary debates regarding the 18 Amendment.

Conclusion

Replacement of democracy with a dictatorship would further harm the interests of the people in Sri Lanka. The irresponsible attitude of the opposition and the haste of the government clearly demonstrate that both the government and the opposition conspired against their own people.

The people on the other hand have resorted to peaceful protests. Organizations like Bar Association and National Peace Council have supported these protests.

It is not the corruption and concentration of power that concerns the Sri Lankan population today. From the past one year several attrocities are being carried on the people. During the war against L.T.T.E thousands of innocent Tamil civilians went missing. The armed forces misuse their excessive powers to traumatize the ethnic minorities in the state.

The main opponent of Mahinda Rajapaksa in the Presidential elections was arrested and convicted by military court on grounds of fraud. Empowering the President to make judicial appointments would further worsen the situation. The judges so appointed may have colored opinions which would defeat the very purpose of independent judicial system.

Sri Lankans deserve a democratic and accountable government. The cause needs support of other countries around the world. The steps taken by Rajaskpa should not only be criticized but he should also be diplomatically pressurized to revive democracy in the country.

Liu Xiaobo, a Chinese Rights Activist was awarded this year’s Nobel Peace Prize. The decision was applauded all around the world except in China, where Liu is serving an 11 year sentence for inciting subversion of state power.

About Liu Xiaobo :-

• He is a prolific writer, scholar and pro-democracy essayist.

• He was jailed for 21 months in 1989 due to his participation in the Tiananmen Square protests calling for the reform of China’s one-party Communist system.

• In 1996, he was put in a “re-education” camp for three years when he supported the release of prisoners jailed in the Tiananmen demonstrations.

• Because of his contribution to the drafting of “Charter ‘08,” a political manifesto proclaiming human and political rights in China; he is presently serving an 11-year sentence on charges of “inciting subversion of state power” imposed after an unfair trial.

The Ongoing Debate: Are there Human Rights in China?

In a way the recognition of Liu’s work by the Nobel Prize Peace Committee once again questions the existence of political and human rights in China.

The Chinese government maintains that Human Rights are a western concept and the very idea interferes with the political autonomy of the country. It further contends that the west promotes the concept of “pan-human rights” in order to pursue its vested economic interests.
On the other hand, it is contended that the individuals in China are deprived of their basic political and human rights. China has been primarily criticized by west because:-

1. Death Penalty is awarded in closed trials. No official figures pertaining to death penalty are disclosed by the state.

2. The police have wide discretionary powers.

3. Death Penalty is awarded in 68 offences including the crime of corruption.

4. Through “re-education of labour” and other administrative detentions; a large number of people are detained without trials.

5. Immense restrictions of media and use of internet.

6. Repression of religious and spiritual leaders and human rights activists.

7. Gender Discrimination in areas of education, health care and employment.

8. Birth control regulations present in the country.

9. The ill-treatment and forceful deportation of North-Korean refugees.

10. China is in breach of a number of international covenants signed by it. The country does not grant the freedom of speech, assembly, association and press to its citizens as guaranteed under Article 35 of the Chinese Constitution.

What needs to be done?

1. Disclosure on the part of the government is necessary in certain areas.

2. The reliance on extra-judicial system should be reduced and an effective legal system must be established.

3. Reforms are needed in areas of social work, health care management, social aid, female literacy and social security.

4. Accountability of the police must be enhanced.

5. Public Participation in policy formulation and decision making must be stressed.

6. The intra-party system needs to be improved.

7. The restrictions on the press should be uplifted to ensure constructive journalism.

Conclusion

Liu Xiaobo, is a name virtually unknown to the people of China. The media is banned from using is name. He was not even allowed to interact with the reporters once he received the award. Similar restrictions were imposed on his wife as well.

The opinion in China is divided on the issue. Some believe that Liu’s trial was fair and just as he had views were contrary to the Chinese culture and whereas others maintain that China needs to grant minimum political and civil rights to its citizens.

It is true that human rights is a western concept but is China justified to deprive human rights of its citizens on this sole basis?

The Chinese have right to take informed decisions about their own political future. Unfortunately, the government ensures that the people access only filtered information. It is not the west but the Chinese themselves who must make decisions on their internal autonomy but for this the people must be given a platform to voice out their concerns and considerations.

Two of our posts “Selling their bodies killing their souls: Plight of widows in Vrindavan and Mathura” and “Insight to Bhopal Gas Tragedy: A case lost before trial” recieved honourable mentions by the judges.

“Legaldrift’s entry Selling their bodies killing their souls: Plight of widows in Vrindavan and Mathura I thought again was very strong on the originality front, picking an issue that is not at the top of most people’s minds. This epitomises social blogging, in my opinion. It could have been the top post for me if it had contained more references and sourcing – occasionally I did not know where some of the facts or figures came from or if they were correct.”

“Legaldrift’s blog I found to be the most consistent and challenging, although I (and others) may not always have agreed with her views. A firebrand of the old school, I was amazed by her width of topics and the fervour with which she approached them. Legaldrift was not afraid to take a stand on whatever issue was on the her plate and never hid behind often legal opinions couched in qualifications. Also her posts all appeared to have been thoroughly researched.”- Kian Ganz, founder and editor of legally India.

None of this would have been possible if it wasn’t for the support of our readers. I would like to thank everyone who have been a part of legal drift in any way especially to those who encouraged the launch of this venture. They have always been besides me in all my personal and professional endevours.

Introduction

Child abuse and Child labour are not the sole problems faced by the world today. There is an emerging global concern about the increasing participation of children in armed forces. According to Amnesty International, “Approximately 250,000 children under the age of 18 are thought to be fighting in conflicts around the world.”

• Over 50 countries currently recruit children under age 18 into their armed forces.
• The Human Rights Watch Report (2008) states that a few under 18 soldiers in the UK were sent to Iran.
• 30% of the child soldiers are girls. They are often sexually exploited by the commanders and military leaders.
• Myanmar with over 70,000 recruits is said to have largest number of child soldiers serving its national military.

Who is a child soldier?

The United Nations Children Fund (UNICEF) defines child soldiers as
1. “any child—boy or girl—
2. under eighteen years of age,
3. who is part of any kind of regular or irregular armed force or armed group in any capacity.”

This age limit was established in 2002 by the Optional Protocol to the Convention on the Rights of the Child. Prior to this fifteen years was globally recognized as the minimum age for participation in armed conflict.

History: Child Soldiers

1. About ten thousand children participated in the Children’s Crusade of 1212.

2. Nazi’s had employed child soldiers to carry out their underground operations.

3. In Ancient Greece young boys about seven years old were recruited in the military forces.

4. After the Second World War the British established various “Small Boy Units” in various colonies.

Reality

Thousands of children are recruited by both state and non-state actor military forces. The children are mostly “programmed” to act as mechanical soldiers by the military leaders. In countries like Uganda the child soldiers are often made habitual to tranquilizers including cocaine and other drugs. The LTTE leaders used young boys for their Karate practices. According to CNN correspondent Arwa Daman; the children in poor countries are shown bright colored images of female virgins and rivers of milk which depict a picture entirely different from their harsh realities.

Usually the young girls are treated as “sex-slaves” by the military leaders. In some countries, the villages are required to fulfill certain recruitment quota. At times these children are kidnapped from streets, homes, play grounds and parks on gun point. In order to increase their courage they are often asked to participate in brutal crimes like rape, murder and abduction; occasionally against their own family members.

Reasons :-

1. Poverty and lack of education

2. Vulnerability of Children particularly from displaced families and Third World Nations.

3. Some of the terrorist organizations recruit kidnapped children in their forces (L.T.T.E was one such kind).

4. The sophisticated modern day weapons can be easily operated by a child.

5. Children constitute cheap military force that can be comfortably manipulated by the commanders.

Child Soldiers: India

Child Soldiers are recruited in several parts of the country including J&K, Chhattisgarh, Tripura, Meghalaya, Assam, Nagaland, Sikkim, Andra Pradesh and Karnataka.
The children are mostly used in tribal communities and insurgents. Most of them (both boys and girls) are below the age of 14 years. They live in poor conditions and are usually given “food” as a reward for work. They are treated as “safe carriers” of arms, ammunitions and information..

Recommendations:

1. Governments should ratify, implement and enforce the standards of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict.

2. Governments should ensure the protection of displaced and orphan children.

3. The former child soldiers must be properly rehabilitated.

4. The governments must ensure universal birth registration which would help in age verification.

5. Proper training and education must be provided to army personnel to prevent such recruitments.

6. Psychiatric and Medical help along with education and vocational training must be given to former child soldiers.

7. The recruitment of children in non-state armed forces need be checked by the respective state parties.

8. Constitution of separate independent agencies to deal with the situation of child soldiers in various countries.

9. The countries must alter their respective domestic laws to make under-age recruitments punishable criminal offence.

10. Generally when a minor is caught by the state agencies; his age is exaggerated in the official records to facilitate harsh punishments. Such practices must be discouraged.

Conclusion

The lack of political will on part of people and government have helped the perpetrators to change innocent youth into blood sucking monsters. It would not be wrong to say that “child soldiers” are not only a threat to the society but also a threat to themselves.

They are exploited sexually, emotionally and psychology by the same forces which they pledged to serve. Their trauma holds them back to lead a perfectly normal life in future. There is an urgent need to address the issue on both national and international front.

Our democracy is standing on three legs of the constitution of India, the Legislature, the Executive and the Judiciary. The corruption has eaten away most of the two legs the Legislature, the Executive. And we are limping on only leg that is judiciary. The demon of corruption is trying to expand its fangs in to Judiciary too. If that happens, our democracy will be crippled and become a corpse.

Now a day, Government jobs have become very lucrative and very profitable business for those who got in to them. If there are no givers, there will be no takers. Those who encourage corruption and getting their things done by bribing officials are more dangerous than the actual corrupt officials. If people who are in responsible positions become onlookers and remain mum over corrupt practices of the concerned, it is as though they are abetting the corruption.

The virus of corruption has been eating into vital organs of our democracy, the executive and the legislature and it is ready to spread in to judiciary as well. The demon of corruption has become so powerful that it gobbles up any person who moves even an inch forward to resist it.

The rampant and unchecked corruption in our society is giving birth to extremism and unrest in the country. Bureaucrats and people’s representatives, by abusing their official positions, are using the corruption as a tool in their hands to do the businesses of minting easy money very much to the knowledge of the public.

The public are not coming forward to giving information about corruption to investigating agencies concerned as they failed to give protection to them from the corrupt. It is very unfortunate to state that the evil of corruption with its obscurity is turning very honest officials in to very corrupt ones.

The most affected lot are the middle class and the poor among the society as welfare schemes meant for them are being eaten away the corrupt officials and politicians.

The corruption has been hissing in such a way that it has started challenging very fabric of our democracy. If this menace is not bridled and checked, the people of Republic of India will loose faith in one of the best democracies in the world and will turn to other means. Now, citizens of our country are more interested in corruption free administration than they are in democracy.

There are tales of woe from the people affected by the rampant corruption which have not been heeded by the concerned let alone redressing them. The intellect and the public spirited citizens have almost started to give up their efforts to check the corruption as they feel that it has gone out of proportions and almost impossible task to have a go at it. Such frustration is not encouraging and good for democracy as a whole. Some non governmental organizations should have to instill a ray of hope in to them, so that their crusade against the corruption will not be eroded and diluted.

The best way to arm the investigating agencies like ACB, CBI, CVC and Lokayukatas in our country is to grant autonomy to them. Right now, they have become mere recommendatory authorities working under clout of the legislature and the executive. These agencies should have complete judicial powers as that of a court of law.

The intellect in our country shall have to see that representatives of people in the country are convinced and talked into introducing necessary and comprehensive bills in their Assemblies or Parliament to empower the already existing investigating agencies with powers necessary to weed out corruption from the public life.

Modus operandi of the corrupt who tasted ill-gotten wealth is that they go all out to protect their ill-gotten assets. In the process, they stoop down to any level including spending part of their ill-gotten money for harassing the persons who try to unearth their graft and threatening them with dire sequences. Every citizen in this country wants to live peacefully and no one likes to take any initiative in the eradication of corruption which in their view involves a lot of risks.

The corrupt are more intelligent than any one in this world as they make things upside down with their maneuvering capacity and by camouflaging and misinterpreting the facts and they can talk the investigating authorities in to doing favours to them with ease. No one should be surprised if the corruption becomes fourth defacto wing of our constitution apart from the legislature, executive and the judiciary in the near future.
The voices of great persons who raised voices against corruption had been choked. For example, in the state of Andhra Pradesh former vigilance commissioner Sree Ramachnadra Samal in his 56 pages report under caption ’ MY YEARS AS VIGILANCE COMMISSIONER OF ANDHRA PRADESH’ submitted a report on some of the corrupt offices of all India services. But he was dubbed as fanatic and mad. The corrupt launched vilification campaign against him. Till now, the report has not seen the light of the day.

The corrupt have succeeded in anchoring family clubs which consist of persons who encourage corruption and get things done by bribing the bureaucrats and politicians. Now, they would like to extend their activities in to their family trees.

Corruption has become a profession for some of the bureaucrats and politicians in the state of Andhra Pradesh and become a great threat to democracy. As control machinery in is in deep slumber, the state of Andhra Pradesh is hitting records in Corruption. The accumulation of wealth by dishonest bureaucrats particularly from All India Services has been scot-free and increasing as days go by. The control authority in Andhra Pradesh is badly undervaluing the assets of disproportionate assets of the corrupt officials in such way that that they are taking documentary value of assets only at the time of purchase although they have the option of valuating the assets by appropriate authority. Conducting artificial enquiries in to corrupt practices of the dishonest will not serve any purpose and on the other hand a lot of unnecessary expenditure will be incurred to the exchequer of Government of Andhra Pradesh.

I therefore pray that every public spirited citizen of my country be pleased to make efforts to weed out corruption from the public life without fear or favour.

OSURI DEVENDRA PHANIKAR
Social worker
S.V NILAYAM, OSURI MANSION
NARSAPUR-534275
W, G,DT AP
Cell-09346610749
Land-08814-274842