RESPECT INDIAN SOLDIERS

 

We all keep on whining about our problems and lives but have we ever thought of people least paid by government and living the most difficult lives? Those are the people who stand in -40 degrees protecting us so that we can sleep peacefully! Its easy to find problems and whine about them but it would be better if we could work on them. Its easy to find loopholes in country or governance or putting allegations or for that matter debating upon right to dissent from saying “Bharat Mata Ki Jai”, but have you ever imagined how peaceful lives we have considering the unrest in African and Middle Eastern Countries but still we are thankful to nobody! I believe that the people saying anti nationalist slogans or disrespecting the country should feel shame upon themselves. If we want to make things better then we need a common feeling of Nationalism that will unite every citizen of India, irrespective of religions we should proudly identify ourselves as INDIANS.

RESPECT INDIAN SOLDIERS! RESPECT YOUR MOTHERLAND! PROUD TO BE AN INDIAN!

WE ALL ARE HUMANS

fe5ab1cd26e44b8a8eeeaacd41b8403c

All humans started life the same way, we are all equal, its just how we grow up, how we are taught, how we treat our individual life that makes it unequal.

No one is born as Hindu, Muslim, Christian; no person is religious or atheist by birth, we all are born as humans and it is our society that discriminates and teaches us the same. Each and every belief is made by us, there is no GOD who came and told us how to behave and what to believe. Every religion and belief is made by Humans only.

It is therefore our right to choose, whether we want to be religious or atheist, gay or lesbian, hindu or muslim, whether we want to follow any religion, belief or not? No one has the right to discriminate on the basis on caste, creed, race or religion.

WE HOLD THIS TRUTH TO BE SACRED AND UNDENIABLE; THAT ALL MEN ARE CREATED EQUAL AND INDEPENDENT , THAT FROM THAT EQUAL CREATION THEY DERIVE RIGHTS INHERENT AND INALIENABLE, AMONG WHICH ARE THE PRESERVATION OF LIFE, LIBERTY AND THE PURSUIT OF HAPPINESS.

165b0a9070a96ceb97689f5bd877bd96

Law, Justice and Common Man in India

984111_529184790497355_1474651954_n

 “Bad Laws are the worst sort of Tyranny”- Edmund Burke

The preamble to the Indian Constitution declares the country as a “Sovereign Democratic Republic” ensuring justice, liberty, equality and fraternity to all its citizens or in other words securing the socio-economic and political rights of people with imbibed equality of status. Be it the Fundamental Rights or the Directive Principles of State Policy, the process of safeguarding common man’s confidence in judicial system as well as to keep in pace with the dynamics of the changing society, the constitution has furthered itself by umpteen amendments. Yet the current society still witnesses a pervasive skepticism in the Rule of Law, Government and extended form of societal democracy. Though integrity and fairness has inculcated its deep roots within the society yet its essence has lost ways in political instability, cultural anarchy, economic disorder, religious and racial conflicts to name a few.

In one of the lectures by Hon’ble Justice Altamas Kabir, he cited an example of Article14 of the Constitution, having resemblance to the UN declaration, which guarantees, Equality before law. However the Indian judiciary has time over time over-ruled the law book of constitution and established the conclusion- there are two kinds of law- One for the Rulers and the other for the ruled, one for the purpose of the common man and the other at the expense of a common man.

The Common man’s law is a belief “of justice prevails” that is inculcated in mind of every individual who succumbs faith and respect in the rule of law and judiciary over the decades. However it should be remembered that the same exists only in the pages of the constitution, where right rules over wrong, where every violator is placed at same footing in the eyes of law and awarded rightful punishments.

In India, every year The Common man’s law sees addition of new acts and amendments which aims at benefiting the mass at large by identifying the ills and error of the Indian judiciary- corruption, alarming rate of pending cases, under-trial of prisoners, lesser number of courts, vacancies of judges etc.

The additions by the judiciary for benefiting the “aam admi” and creating a user-friendly legal assistance is commendable. First in this context is The Right to Information Act effective from 12th October, 2005. The said act aims at promoting transparency and accountability of officials working for the Central or State Information Commission by making them answerable to common man’s question ranging in the premises of public services on filing of a petition, thereby making an attempt to negate corruption, aptly using the tool of democracy.

The next initiative aims at spreading awareness among citizens to combat consumer fraud in an inexpensive and hassle-free manner namely Consumer Protection Act, 1986. Based on the legal dictum “Caveat Emptor”- Consumer’s beware; the act protects the customers by providing simple precautions they should take while buying goods or getting services and the documentation they should preserve in case of a need to approach the consumer court.

The grievances formulating from time-ineffective judgments have been taken seriously and adoptive measures of Alternative Dispute Resolution came into effect. ADR refers to several methods of mediation, arbitration, reconciliation which is off-track from the traditional legal and administrative forums yet found effective in settling out time-effective business disputes. Cornelius Vanderbilt conceptualizes ADR Best stating “You have taken to cheat me. I won’t sue you, for the law is too slow. I’ll ruin you”.

In Anil Rai v. State of Bihar, Sethi J stated that “delay in disposal of cases facilitates the people to raise eyebrows, sometimes genuinely, which if not checked may shake the confidence of the people in this judicial system”. Hence the idea of Fast-Track Courts was generated by the 11th Law Commission which included set up of 1734 courts to be effective for 5 years till 31st march,2005 for the purpose of delivering speedy justice strictly in criminal cases. The efforts were recognized with the conviction of who’s who of the political parties namely Pappu Yadav and Mohammad Shahabuddin (Rashtriya Janata Dal), MP Surajbhan Singh (Lok Janshakti Party) among others and thus the scheme were extended for another 5 years till 31st March, 2010.

Though the novo-legal reforms in India, promises a secured future for the law-abider- yet the number of victorious victims say otherwise. The common man’s law book increases by another content page of remedy for the wronged but the ruler’s law book mocks the feeble attempt of the ordinary man to reform the power game.

Here evolves the concept of The Ruler’s Law Book- the stark reality of Indian Law, which examines the practical applicability of laws adopted and enacted, which analyzes the parameters between the written and the followed, which explores if democracy granted is democracy accessed. Thus common man learns the ugly truth of those- who learnt the law to beat the law, the superman among the ordinary man who sits at the top of the largest democracy and dictates the flawless autocracy.

True to its words “There is no such thing as free meal”, even Justice in India comes at a price. For those who can afford, it is available, for those who cannot the same is often delayed, denied and worse buried.

The following cases exemplify the fatal misappropriation of justice where a common man dreamt the “extravagant eccentricity” of trying to negate the Marxian concept of law- “the tool of coercive domination used by the one in power”. They won, they lost but they never failed to try their rights in the democracy.

After a series of misplaced files, forged post-mortem reports, failed attempts of lodging Fir’s, 400 hearings, 40 adjournments and undiluted perseverance a 20 year old battle ended with a judicial mockery, in 2010 when a beaming Shambhu Pratap Singh Rathore came out of the court sentenced with 6 months of imprisonment (later extended to 18 months) and a measly compensation of Rs1000 for molesting a 14 year old Ruchika Girhotra under his capacity of being the Inspector General of Haryana Police back in 1990. The common man was Ruchika’s father Subhas Chandra Girhotra whose apparent biggest audacity was to raise voice against the political clout which subsequently followed the expulsion, harassment and finally witnessing the suicide of his depressed daughter, his 13 year old son “Ashu” being dragged through the neighborhood naked alleged of stealing a dozen of cars, with additional charges of theft, murder to civil defamation against him. The same accounts for Madhu and Anand Prakash whose daughter Aradhana was the unfortunate eye-witness, however the threesome took the cause to the courts, pressing charges for abetting suicide and molestation which finally led the CBI to file a charge sheet on 16th November 2000 against the many-medaled Rathore. In due course of time even the media took a stand. But with the punishment sentenced, they now wonder if it was worth the fight?

3rd December, 1984 witnessed the biggest form of Industrial Catastrophe in Bhopal with lethal gas leakage from Union Crabide India Limited Company causing 20,000 casualties and 5,00,000 lakhs injured as per the official figures. But that was not the only tragedy for a year old Mohammad Abid (26 now) who lost five family members in the incident, he witnessed a second tragedy which according to the victim has been committed by the judiciary. The callous culprits namely Keshub Mahindra (Chairman), and six others were let go with a mere imprisonment of 2 years and $2000 fined on grounds of negligence and the man behind the mount of dead- Warren Anderson, CEO of UCIL was bailed and escorted out of the country on 7th December 1984. Though the judiciary continues to play the blame game as to who was responsible for Anderson’s exit from India- The Arjun Singh Government or the Rajiv Gandhi Government a significant remark was raised by senior advocate Rajeev Dhawan- “Whether we are able to extradite him or not is not important. What is important is that he should be charged, even if it is absentia”. Further another unanswered question is why the case sections were diluted from Section 304(2)- culpable homicide not amounting to murder to Section 304(A)- death as a result of negligence. With new plans of remedies recommending Rs 1,500 crore package, including enhanced compensation for the victims- Rs 10 lakh for the next of kin of dead , Rs 5 lakh for the permanently disabled and Rs 3 lakh suffering from partial disability- the Indian Government is trying to provide its best possible service and apologies to the family of the victims. However the delayed compensation after 25 years and the tangling webs of unsolved mysteries to still raises an eye-brow.

Jessica lal, a model from Delhi was murdered by one Siddharth Vashist a.ka Manu Sharma, son of wealthy congressmen from Haryana, Vinod Sharma. He was formerly acquitted on 21st Feb, 2006 however with mass media forming a public opinion flashing the news in and out, the case was re-tried and the same was sentenced to life-imprisonment. Though justice prevailed yet none of Jessica’s parents were alive to witness the victory.

On January 23rd 1996 a law student namely Priyadarshini Mattoo was found raped and murdered lying dead in her Delhi Flat. The accused Santosh Kumar Singh was the son of a police inspector general and was earlier acquitted in 1999 by the Delhi High Court. However the public cried foul to the judgment and the CBI was forced to challenge the judgment. Finally on February 29th, 2000 the verdict decided in favor of the deceased and the accused was awarded capital punishment.

Examples of justice miscarriage are ample- the Murder of Satendra Dubey, Rizwanur, the Gothra Riots, The dalit Massacre at Tsundhur, A.P, The Sohrabuddin Case, Best-Bakery Case – few among the numerous. Thus the common man’s law is at its own place, with sanctions and constitutional authorities glittering away in the law books, yet wasted away in the hands of those wherein the power lies vested. The inhibition which stares the Indian judiciary right in the eye and rapes the common man of his legal benefits is the problem of corruption. The same is responsible for differentiating the law preached and the law practiced. Corruption or call it a venial extortion is explained best in Austin’s one-liner “Power corrupts and Absolute Power corrupts absolutely”.

Ironically in India even corruption has got a hierarchical status involving majority of individuals succumbing to public duties. Right at the top are the politicians- the reflection of the democratic tool of a common man gone violently wrong, followed by the bureaucrats, the Central and State Investigation and Police Departments to the municipalities. Or in other words busting one corruption racket leads to the exposure of a bigger inefficiency at a higher level of judicial authority; hence everybody in the system does the job of covering best.

The digits speak for themselves as 110 officers from IAS and IPS are facing trial on criminal charges in CBI cases, as on 9th April, 2010. In a clear reflection of how pretty corruption is dogging the common man, literally right under the nose of the Central government was witnessed in October, 2008, when fifteen officials belonging to New Delhi Municipal Committee, Labor and Police, were arrested for alleged bribery and extortion, from businessman.

Every Government has talked about ending the Inspector Raj. But ironically every law has added one or two more authoritative posts to the already existing plethora of inspectors. Hence the truth remains that catching and punishing the corrupt is the last priority of the Indian Government, notwithstanding the proclamation of the high and mighty of the Government, for a zero toleration for corruption. Thus all political parties are united on their stand against The Anti-Corruption Agencies. The weaker and ineffective, the better is their motto.

As 90% of a common man’s faith in justice through legal assistance is crushed by the errors of corruption and judicial delays the rest is furthered by the political power plays. If one analyses the problem of “Naxalism” in West-Bengal, which claims uncountable human lives, he would realize that the Naxals were peasants of Bengal, who were forcefully evicted from their land by the Rule of Law. Hence in other words the Naxals are none but hundred’s of common man turned terrorist by the reign of the CPI(m) government- such is the tyranny imposed by faulty law-makers. The same thought extends itself to the existence of Maoism or even the Telengana issue- each being created as results of Political mishaps exercised by the government at the expense of common people. The political parties in India have always used the weapon of mass consensus among the majority to strengthen their own political hold over a tract of land- at the cost of one man’s emotion and another man’s destruction- an eminent example of the same is Raj Thackeray, leader of MNS.

Coinciding with the aforementioned thoughts are data’s collected from a recent surveys conducted by RNB (5th-22nd Jan, 2010) has revealed quintessential facets as regards to a common man’s perspective and experience on the current Indian judicial system. 72% males and 42% females thought power politics in India affects the judicial system, 25% male and 12% female rated the current judicial system to be “outdated”, and surprisingly only 47% male and 41% female has faith in the judiciary.

The common man’s suggestions for improving the status quo of Indian Judiciary were increment in the number of judges and courts, provisions for speedy delivery of justice, strong laws and benches to look into matters of corruption and judiciary to be independent from coercive forces of the powerful- be it politicians or law keepers. However the most important suggestion that registered was to restrict lawyers from scheduling “DATES” accommodating their own convenience or sweet will, since the same deters the distribution of justice.

Ironically the summarization of the key findings of this recent survey of 2010 was done by Jawaharlal Nehru in 1955 when he said “Justice in India should be simple, speedy and cheap” and defined litigation as a disease through which the prosecutors make money at the cost of faulty laws during the inauguration of a new building of the Punjab High Court. This makes one wonder if he was a visionary or 55 years and the Indian judiciary still formulates superficial laws to combat its grass-root problems.

A 21st century political clout B.P Singh reflects if a poor man reaches the court to witness the first trial of his complaint filed, in 2010 it deserves applause. According to Colin Gonsalves, a Supreme Court Lawyer, “There are thousands of poor people fighting the legal system. Ninety-one percent of them lose hope and get frustrated. It is only when the stars are properly aligned for a person, will he be able to get justice”.

From time immemorial the rich, the powerful and the politically connected had always got the corrupt police, purchasable prosecutors, and high priced attorneys to negate the sinned tag if not the guilt manipulating the creaky legal system, intimidating witnesses, destroying evidence, committing perjury and delaying the trial. Any ordinary mortal, pitted against these odds gives up even without a fight, considering himself lucky if he suffers no further damage. Struggling to make ends meet and without the intellect and resources to work the law, the common man is pulverized and believes it is his karma. Justice, he believes, will be delivered in the other world.

dreamstimescale_cartoon9921102_std1

The Greatness of India- INCREDIBLE INDIA

428030_341255949246963_1983749753_n

We always criticize our nation and compare it with other developed nations. But while criticizing we definitely forget some great achievements of India, we forget the rule of British which left us in a very bad condition but still we progressed a lot, we forget the number of years of our independence which is very less as compared to other developed nations from which we compare our development and we forget the greatness of India!

  1. India is the world’s largest, oldest, continuous civilization.
  2. India never invaded any country in her last 10,000 years of history.
  3. India is the world’s largest democracy.
  4. Varanasi, also known as Benares, was called “the ancient city” when Lord Buddha visited it in 500 B.C.E, and is the oldest, continuously inhabited city in the world today.
  5. India invented the Number System. Zero was invented by Aryabhatta.
  6. The World’s first university was established in Takshashila in 700BC. More than 10,500 students from all over the world studied more than 60 subjects. The University of Nalanda built in the 4th century BC was one of the greatest achievements of ancient India in the field of education.
  7. Sanskrit is the mother of all the European languages. Sanskrit is the most suitable language for computer software – a report in Forbes magazine, July 1987.
  8. Ayurveda is the earliest school of medicine known to humans. Charaka, the father of medicine consolidated Ayurveda 2500 years ago. Today Ayurveda is fast regaining its rightful place in our civilization.
  9. Although modern images of India often show poverty and lack of development, India was the richest country on earth until the time of British invasion in the early 17th Century. Christopher Columbus was attracted by India’s wealth.
  10. The art of Navigation was born in the river Sindhu 6000 years ago. The very word Navigation is derived from the Sanskrit word NAVGATIH. The word navy is also derived from Sanskrit ‘Nou’.
  11. Bhaskaracharya calculated the time taken by the earth to orbit the sun hundreds of years before the astronomer Smart. Time taken by earth to orbit the sun: (5th century) 365.258756484 days.
  12. The value of pi was first calculated by Budhayana, and he explained the concept of what is known as the Pythagorean Theorem. He discovered this in the 6th century long before the European mathematicians.
  13. Algebra, trigonometry and calculus came from India. Quadratic equations were by Sridharacharya in the 11th century. The largest numbers the Greeks and the Romans used were 106 whereas Hindus used numbers as big as 10**53(10 to the power of 53) with specific names as early as 5000 BCE during the Vedic period. Even today, the largest used number is Tera 10**12(10 to the power of 12).
  14. IEEE has proved what has been a century old suspicion in the world scientific community that the pioneer of wireless communication was Prof. Jagdish Bose and not Marconi.
  15. The earliest reservoir and dam for irrigation was built in Saurashtra.
  16. According to Saka King Rudradaman I of 150 CE a beautiful lake called Sudarshana was constructed on the hills of Raivataka during Chandragupta Maurya’s time.
  17. Chess (Shataranja or AshtaPada) was invented in India.
  18. Sushruta is the father of surgery. 2600 years ago he and health scientists of his time conducted complicated surgeries like cesareans, cataract, artificial limbs, fractures, urinary stones and even plastic surgery and brain surgery. Usage of anesthesia was well known in ancient India. Over 125 surgical equipment were used. Deep knowledge of anatomy, physiology, etiology, embryology, digestion, metabolism, genetics and immunity is also found in many texts.
  19. When many cultures were only nomadic forest dwellers over 5000 years ago, Indians established Harappan culture in Sindhu Valley (Indus Valley Civilization).
  20. The four religions born in India, Hinduism, Buddhism, Jainism, and Sikhism, are followed by 25% of the world’s population.
  21. The place value system, the decimal system was developed in India in 100 BC.
  22. India is one of the few countries in the World, which gained independence without violence.
  23. India has the second largest pool of Scientists and Engineers in the World.
  24. India is the largest English speaking nation in the world.
  25. India is the only country other than US and Japan, to have built a super computer ingenuously…. And many more reasons to be feel proud!

Albert Einstein said: We owe a lot to the Indians, who taught us how to count, without which no worthwhile scientific discovery could have been made.

Mark Twain said: India is, the cradle of the human race, the birthplace of human speech, the mother of history, the grandmother of legend, and the great grand mother of tradition. Our most valuable and most instructive materials in the history of man are treasured up in India only.

French scholar Romain Rolland said: If there is one place on the face of earth where all the dreams of living men have found a home from the very earliest days when man began the dream of existence, it is India.

Be proud on our nation! INCREDIBLE INDIA!

indian    I-am-proud-to-be-an-indian

Charlie Hebdo – A time bomb!

charlie-hebdo-publisher-charb

The recent terrorist attacks in Paris were devastating. Masked gunmen opened fire in the offices of a French satirical newspaper with initial reports saying that as many as 12 people had been killed and 10 wounded.

The French magazine often published nude cartoons of the Prophet Muhammad. This is clearly an insult to Islam which should not have been done. This is totally pathetic. France is a country from which secularism originated. They should have maintained it. All religions should be treated equally and the religious beliefs of all persons should be kept in mind. The magazine did not only hurt the sentiments of the people following that religion, but also triggered terrorist activity at large. If proper action had been taken to stop this insensitive act, many terrorist attacks could have been avoided.

They say, they were practicing their right to freedom of expression and speech. However, a distinction must be made between freedom of expression and misuse of freedom of expression. According to universal law, people should not be allowed to use their freedoms and rights to hurt the feelings of other people and specially feelings of faith. Religious sentiments of people matter a lot. Hence, the magazine undoubtedly set off a time bomb, that had to blast some day or the other.

However, I strongly condemn the attacks. They shouldn’t have taken the law in their own hands. The terrorists stated that they avenged the Prophet. This is not the case. Islam is a religion of peace. The Quran is against violence. Even Allah is against violence. The terrorists are not only deceiving Allah, but also deceiving the followers of Islam. The terrorists preach wrong and carry out wrong in the name of God. This is insanity.
Terrorism is a disease. It is an epidemic.

i1WwCSNwRIC8voyloIX1ww

A great salute to the Indian Soldier!

5
They defend us at the border;
A great salute to the Indian Soldier!
The world looks at them but does not see
Everything they sacrifice to keep us free.
 
They fight for our hopes, dreams and liberty
They fight for our freedom…… A hero to be!
They put on hold their dreams and lives,
They die so that we can survive.
Standing so strong, proud and tall,
With them, our hopes will never fall.
They are the real heroes of our nation,
Serving the motherland is their only passion.
Whether the icy winds or the storms,
They face all challenges like rocks.
They are the pride of our nation,
Their life is a source of inspiration.
They have great responsibilities on their shoulders;
A great salute to the Indian Soldier!

This poem is written by Megha Chatuvedi, an 11th grader in Delhi, India. 🙂
You can email her at meghachaturvedi2002@yahoo.co.in
Her facebook: https://www.facebook.com/megha.chaturvedi.963?fref=ts&ref=br_tf 

P.S, Do you want to get your article published on this blog (with credits) or want some issue to be discussed?
Or any feedback? Or anything at all?
Please email us at thegreatindianhitch@gmail.com 🙂