Friday, December 16, 2011

E-mails Can be written in many ways!

Dear JK Thank you very much for the mail. Indeed it's a great pleasure to read a beautiful mail which cantinas both English and Kannada.  I have found a small mistake, in English Murali Mohana Kati ( may be I should refer Mr Murali Mohana Kati) (here in after called MMK) is mentioned first and followed by your name. However in Kannada your name mentioned at first place then followed by Mr. MMK may be its deliberate but I thought I will mention it to you, in case if it's not deliberate you should know about it.  Any way this in not what I wanted to bring to your knowledge.  What I want to bring it to your knowledge is some thing very important which may end up in legal implication including you and me.  I am not actually that concerned about you being implicated in legal battle, but i am concerned about my self.  Please do not mistake me that I am not thinking about the legal problem you end up getting with, I am equally concern about you being implicated in the case as well, But I think you have some brain and I am shore you have used it wisely while sending this mail out so I am concerned about my self at this junction.  That's is why I decided to write to you a detail mail which may keep you updated and question your rationality and the rational decision which you have taken while  writing this mail out.  In fact may be this my duty to inform you about the possible legal implication you may get in to.  Anyway let me come to point.  The issue which I am going to raise in this mail  is out in the mail it self, may be I should apologize for not responding to you before or as soon as I got the mail. The only reason I could not respond to you, is that I did not had an opportunity to read the mail which you have sent till day.  I know it's not an excuse to give but I seriously did not had time since I was caught up with many other things. And it does not make sense reading with out investing time so was weighting for proper time. When I realize that proper time may not come in Near future decided to read in brief. You should excuse me for not able to read in detail, it just that I have understood the seriousness and the importance so thought I will respond to you as quickly and may be I will do write a detail mail in this when I have more time. Not necessarily concerned to this mail but in general abut the implication of such mails.  Now lets quickly come to the point. Its just that, your mail says as fallows:- "We kindly request you to pass on this message to all your contacts and encourage youth leaders of youth organisations/community based organisations/ mass organisations/youth clubs to participate in this workshop" Now the issue in this mail is you have requested us rather requested the recipients of this mail including me, to send this mail to all our contacts, now this can be a issues which can have serious legal implication specially the IT ACT, you may be aware of the spamming laws in India, if not do let me know we can discuss on this point as well. It's equally important that we are all aware of this laws.  See if I put it in brief and my question starts from this, what happens if some one file case against me for spamming their mail box? Who will be held liable? Can we have some kind of agreement on this point before i send out the mail. It's just that you are aware that the impact and the possible backlash and the possible legal case being filed against me and for no fault me and i dont want to end up being harassed by the people.  What I have stated is just one kind of case being filed, but I am refrained from suggesting or writing any other legal cases being implicated. Some times it's better that we do not spelt out many thing because I don't trust the cyber space including this mail, because the possibility of third person reading this mail is quite high, the hacking is an offense people still do it.  Any way due to lack of time and the lack guaranty of privacy in the cyber space I will close this mail and may be we should discuss this when we  meet in person.  I just realized that this mail also has Mr.MMK as one of the signatory so thought its appropriate to inform him as well so I have CC this mail to him as well, it's just as a formality I thought its important for him to know as well.  Hope to see you and we can have more discussion if not with out much caring a out the privacy I will do detail mail on this subject.  Wishing you best  Yours 

Wednesday, October 19, 2011

Will be some impact on Hospital at least!

"Former Chief Minister of Karnataka BS Yeddyurappa has been discharged from Victoria Hospital and is back in Bangalore's Central Jail" BS Yeddyurappa has been on a hospital-hopping spree for quite sometime now, last night after he was discharged from Jayadeva Hospital was then taken to victoria hospital. Media criticized the move of the government and the department in the manner he was taken to hospital and it was held that this is an attempt to avoid time in jail. we know so for he has spent only a few hours last Saturday before being rushed to hospital. His bail application was came up for hearing in high court on 18th October and it seem to be Mr BSY was confident that he will get out same day and he prepared himself after the bail, it seems to be he declared that his health is fine and seems to be he has directed the doctor to issues statement to that effect. in case if he attend the public meeting court and public should not feel that Mr Yaddi's hospital was just a drama to avoid the time in jail. Statement also came by CN Manjunath, director of Jayadeva Institute said the former chief minister had no serious cardiac ailments and he was discharged on  18 October. however by the after noon when they realized that the bail hearing could not take place they twisted the story on 18th stating that his cardiac aliments are fine but, he could be shifted for any multi-specialty hospital for treating his other ailments like back pain and breathlessness! such a blatant lie. If one look at this aspect in a slightly different angle its seems to be interesting to me, since such big big politician going to hospital when they were jailed will at least bring the down some of the problems like cleanliness, facility to the other people lodged and better attentive by the doctors, wow what a change has brought by keeping them in the hospital then keeping them in the prison. Dont ask me does't same thing happen in the prison as well? no its too big place and its to private to happen people in side the prison though they have a voice has to keep it low and should not speak any thing about, in case if some thing happen if some one raises his/her voice then the person plight has gone for task he may get special treatment in the hospital not because of the pre-deceased but for post statement may be for some of his bone. so if one look at different there is nothing much may happen keeping them in the prison let them be in the hospital at least some poor people lodged in the hospital may get good treatment.

Tuesday, October 18, 2011

Recent Arrest of Mr Yaddyurappa

Recent arrest of the Ex CM Karnataka Mr. Yaddyurappa in a land case by Lokayutha court raised main issues specially the VVIP bail being denied and sent to prison and there after hosting them in the Hospital and numbers of people are being visited including the current chief minister, number of minister, MLA and also police commissioner are visited him at the Hospital in bangalore.   Its fine that the people are being treated for the decease which they have are develop while they are in the custody and i advocate that it should be available every one who are in need while they are in prison. This reminds me of some of the provisions of our constitution "Article 21. Protection of Life and Personal Liberty; “No person shall be deprived of his life or personal liberty except according to procedure established by law”. The Supreme Court of India, by interpreting Article 21 of the Constitution, has developed human rights jurisprudence for the preservation and protection of prisoners‟ rights to maintain human dignity. Although it is clearly mentioned that deprivation of Article 21 is justifiable according to procedure established by law, this procedure cannot be arbitrary, unfair or unreasonable. In a celebrity case (Maneka Gandhi Vs. Union of India., 1978), the Apex Court opened up a new dimension and laid down that the procedure cannot be arbitrary, unfair or unreasonable. Article 21 imposed a restriction upon the state where it prescribed a procedure for depriving a person of his life or personal liberty. This was further upheld (Francis Coralie Mullin v. The Administrator, 1981) “Article 21 requires that no one shall be deprived of his life or personal liberty except by procedure established by law and this procedure must be reasonable, fair and just and not arbitrary, whimsical or fanciful. Any violation of this right attracts the provisions of Article 14 of the Constitution, which enshrines right to equality and equal protection of law. The question is not Mr.Yaddyurappa being treated in Jayadeva Hospital, yes its a question for many people who are in need of medical treatment very badly but continued to treat in the prison, there are people died in the prison for not treating them properly or no treatment. but i am raising another angle in to it, which is, according to prison manual the the prison has divided in to two category one is under-trial prison and the other is convect prison. According to the law the Under-trial prison are entitle to meet their family member's and the friends once a week (but this doest not affect the right to the accused to meet his/her advocate at any time he/she need to meet) and the convect prison prisoner is entitle to meet his/her family, friends once in 15 days. The law also put another restriction that this meeting should happen in the presence of the superintendent of prison or in the presence of person authorized by him. However all of us have seen how many people have been gone to meet him. also what is disturbing is how could a chief minister go and meet him. transferring from one hospital to another hospital also shows how much influence he has and this clearly violation of the Article 14 of the constitution. --

Friday, September 23, 2011

It was nice to read the article in today Prajavani on the wide spoke topic the death sentence, the analagi given by Shri Chandramouli which starts like this "ನೀವು ದಾರಿಯಲ್ಲಿ ಹೋಗುವಾಗ ಒಬ್ಬಾತ ಕುರಿ ಕಡಿಯುತ್ತಿ ರುವುದನ್ನು ನೋಡುತ್ತೀರಿ. ನೀವು ಸಸ್ಯಾಹಾರಿ ಆಗಿದ್ದರೆ ಅದು ನಿಮಗೆ ಸಹನೀಯ ಆಗದೇ ಇರಬಹುದು. ಮಾಂಸಾಹಾರಿಯಾಗಿದ್ದರೆ ಏನೂ ಎನಿಸುವುದೇ ಇಲ್ಲ. ಆದರೆ ಮನುಷ್ಯನೊಬ್ಬ ಒಂದು ಮಗು ವನ್ನು ಸಾಯಿಸು ತ್ತಿದ್ದರೆ..? ಇದನ್ನು ನೋಡು ವುದಿರಲಿ, ನೆನೆಸಿ ಕೊಂಡರೇನೆ ಮೈ `ಝುಂ` ಎನ್ನುತ್ತದೆ. ಇದೇ ಅಪರೂಪದಲ್ಲಿ ಅಪರೂಪದ ಪ್ರಕರಣ". Then its goes on to set an agenda and says " `ರೂಲ್ ಆಫ್ ಲಾ` ಉಳಿಯಬೇಕಿದ್ದರೆ ಮರಣದಂಡನೆ ಶಿಕ್ಷೆ ರದ್ದಾಗಬಾರದು. ಇಂತಹ ಒಂದು ಶಿಕ್ಷೆ ಚಾಲ್ತಿಯಲ್ಲಿ ಇದ್ದರೆ ಒಬ್ಬ ಕೊಲೆಗಾರ  ಕೊಲೆ ಮಾಡುವ ಮುನ್ನ ಎರಡೆರಡು ಬಾರಿ ಯೋಚನೆ ಮಾಡುತ್ತಾನೆ. ಇಂತಹ ಶಿಕ್ಷೆ ನಮ್ಮಲ್ಲಿ ಇದೆ ಎಂದು ಗೊತ್ತಿದ್ದರೂ ಕೊಲೆಗೆಡುಕರ ಸಂಖ್ಯೆಯೇನು  ಕಡಿಮೆ ಆಗಿಲ್ಲ. ಆದರೆ ಗಲ್ಲುಶಿಕ್ಷೆ ಇಲ್ಲವೇ ಇಲ್ಲ ಎಂದಾದರೆ ನಮ್ಮ ಸಮಾಜ ಯಾವ ಮಟ್ಟ ತಲುಪಬಹುದು ಒಮ್ಮೆ ಯೋಚಿಸಿ." The Justification Mr Mouly give is some thing very interesting, which says "ಅರಬ್ ದೇಶದಲ್ಲಿ ಸಾಮಾನ್ಯ ಶಿಕ್ಷೆಯೇ ಅತ್ಯಂತ ಕ್ರೂರವಾಗಿದೆ. `ಕಣ್ಣಿಗೆ ಕಣ್ಣು, ಕೈಗೆ ಕೈ` ಎನ್ನುವುದು ಅಲ್ಲಿಯ ರೂಢಿ. ಒಬ್ಬ ಕಣ್ಣು ಕಿತ್ತರೆ, ಅಪರಾಧಿಯ ಕಣ್ಣು ಕೀಳುವುದು, ಕೈ ತುಂಡರಿಸಿದರೆ ಅವನ ಕೈಯನ್ನೂ ಕತ್ತರಿಸುವುದು, ಅತ್ಯಾಚಾರ ನಡೆಸಿದರೆ ಮರ್ಮಾಂಗವನ್ನೇ ಕತ್ತರಿಸುವುದು ಇತ್ಯಾದಿ ಪದ್ಧತಿ ಜಾರಿಯಲ್ಲಿ ಇದೆ. ಅಷ್ಟೇ ಅಲ್ಲ. ಆದುದರಿಂದ ಅಂತಹ ದೇಶಗಳಲ್ಲಿ ಅಪರಾಧ ಮಾಡಲು ಜನ ಹೆದರುತ್ತಾರೆ. ಆದರೆ ಅಂತಹ ಕ್ರೂರ ಶಿಕ್ಷೆ ಭಾರತದಲ್ಲಿ ಇಲ್ಲ. ಇರಲೂ ಕೂಡದು. ನೇಣು ಹಾಕಿ ಸಾಯಿಸಲಾಗುತ್ತದೆ." Mr Mouly's example of taking Arab country its extremely contempt, when we talk about the Arab Contry we say how punishment's are given and we compare that we are lacking behind in giving punishment for the offence which happen in our country. If i ask are we ready to loose our freedom which we enjoy under our constitution? forget this, has the crime in Arab stopped or reduced? if not they why do we take such example as model? don't we do injustice for our self and also to the country like Arab where number of people with in themselves fighting for their rights and proper implementation of law not like what is being implemented now? if one personally ask me this is completely unacceptable. Mr Mouly in his article counter the people who are opposing death sentence, and says "ಮರಣದಂಡನೆಗೆ ಒಳಗಾದವ ಆತನ ಕುಟುಂಬದಲ್ಲಿ ಒಬ್ಬನೇ ದುಡಿಯುವವ ಆಗಿದ್ದರೆ, ಅವನ ಸಾವಿನ ನಂತರ ಕುಟುಂಬವನ್ನು ನೋಡಿಕೊಳ್ಳುವವರು ಯಾರು, ಅವರಿಗೆ ಯಾರು ಗತಿ ಎಂಬೆಲ್ಲ ಪ್ರಶ್ನೆಗಳು ಮರಣದಂಡನೆ ವಿರೋಧಿಗಳದ್ದು. ಇದು ಒಂದು ಮುಖವಷ್ಟೇ". For that he say further, "ಆದರೆ ಆತನನ್ನು ಬದುಕಲು ಬಿಟ್ಟರೆ ಅದರಿಂದ ಎಷ್ಟು ಕುಟುಂಬಗಳ ಬೀದಿ ಪಾಲಾಗುತ್ತವೆ ಎಂಬ ಇನ್ನೊಂದು ಮುಖವನ್ನೂ ನಾವು ಪರಿಗಣಿಸ ಬೇಕಾಗುತ್ತದೆ." actually i have a question over there recently we were discussing no this issue with few of our friends, How do we respond to the incident like Bombay (26/11) or even Rajiv Gandi killing, these are the people who are trained to die and some people were told that if they die for religion they will get some thing special treatment in the heaven, does the death sentence is answer.    It is equally important to see a comment by Justice Ravi B Nayak said in the same paper he says "ಜೀವ ಕೊಡುವವನು ದೇವರು. ಅದು ಮನುಷ್ಯನಿಂದ ಸಾಧ್ಯವಿಲ್ಲ. ಹಾಗಿದ್ದ ಮೇಲೆ ಜೀವ ಕಸಿದುಕೊಳ್ಳಲು ಅವನಾರು? ಹೀನ ಕೃತ್ಯ ಮಾಡಿದಂತಹ ಸಂದರ್ಭಗಳಲ್ಲೂ ಗಲ್ಲು ಶಿಕ್ಷೆ ಕೊಡುವುದು ಉಚಿತವಲ್ಲ. ಅಪರಾಧಿಗೆ ಆತನ ತಪ್ಪು ತಿದ್ದಿಕೊಳ್ಳಲು ಅವಕಾಶ ಕೊಡಬೇಕು. ಅತಿ ಕ್ರೂರವಾದ ಕೃತ್ಯ ಎಸಗಿದ ಸಂದರ್ಭಗಳಲ್ಲಿ ಹೆಚ್ಚೆಂದರೆ `ಜೀವನಪರ್ಯಂತ ಜೈಲಿನಲ್ಲಿ ಇರುವಂತಹ` ಜೀವಾವಧಿ ಶಿಕ್ಷೆ ನೀಡಬಹುದು." I completely agree and i think this is reality, I may differ the aspect of 'god' mentioned by Justice but when we are not capable of giving life for some one how can we take some one life based on the statement made by some people. This also makes me feel bad how did we loos Justice R.B.Nayak's service to our High Court. At last we may have problem in people's view/ ideology or commitment and what they do with the such ideology is also wrong but death sentence is not the answer. specially we have people like Bhagat Singh, Rajguru and Sukhdev were sentenced to death in the Lahore conspiracy case and ordered to be hanged. This also reminds me a Jataka story in which king order to impose stringent sentence to the people who commit the offence, but the offence did not reduce infect it increased, if there were dacoity now started committing murder with dacoity. when king asked why such increase of crime, people told him that they want to destroy the evidence so they are killing the people. Then finally order that people should be given proper and adequate livelihood in order to live their life properly. what we need is to get to the root then just killing people. At last anyway there is no scope in our criminal law to take revenge, we are also not saying that what has happened is right we are only saying what has happened should not be repeated.

Thursday, September 22, 2011

Supreme court on Sex-worker

Recently supreme court has passed various order with respect to sex worker in India and how to improve the fate of the se-worker in india. The order dated 2nd August 2011 starts with the " Pinha tha daam-e-sakht qareeb aashiyaan ke Udhne hi na paaye the ki giraftaar hum hue Mirza Ghalib" Its goes to the intention behind the exercise which seem to be good at the face of it. what is disturbing is that reason behind this excise for example, "As already observed by us, a woman is compelled to indulge in prostitution not for pleasure but because of abject poverty. If such a woman is granted opportunity to avail some technical or vocational training, she would be able to earn her livelihood by such vocational training and skill instead of by selling her body." The Apex court proposes to eradicate the sex-work in the country, what its proposes is, "we direct the Central and the State Governments to prepare schemes for giving technical/vocational training to sex workers and sexually abused women in all cities in India. The schemes should mention in detail who will give the technical/vocational training and in what manner they can be rehabilitated and settled by offering them employment. For instance, if a technical training is for some craft like sewing garments, etc." it is also aware the impact of just providing the training for production without looking for the proper market so its further direct that, "then some arrangements should also be made for providing a market for such garments" The intention as stated above seems to be nice and fine but if one go again littler further to read the judgement it says "Sex among human beings is different from sex among animals. Sex in humans has a cultural aspect to it also, and is not just a physical act. A sex worker who has to surrender her body to a man for money obviously is not leading a life of dignity. Ordinarily, no woman will willingly surrender her body to a man unless she loves and respects him. A sex worker is obviously not surrendering her body to a man because she loves and respect him, but just for sheer survival. As Nancy says in Charles Dicken's novel `Oliver Twist', "you adapt or you die" it's seems to be the Apex court is generalising the entire sex-worker community. in fact the further order dated 24.08.2011 says "25. As regards the Central Government, Ms. Sangeeta Verma, Economic Adviser, Ministry of Women & Child Development, Government of India who represented the Central Government at the Panel meeting, explained the significance of the UJWALA Scheme which has five components utilized for rehabilitation of sex workers. She also pointed out that if the sex workers do not wish to go back home, then another program called STEP is available for them which is being implemented by the Central Government effectively. She pointed out that poverty is the main factor which pushes vulnerable women to prostitution. She emphasized that the Central Government has Schemes in place which may be availed of by the sex workers who are voluntarily willing to opt for their rehabilitation, although these are not specially earmarked for the sex workers. Even such general schemes can be made use of by them once they are willing to come out of the sex trade . We request the panel to investigate whether these schemes exist largely on paper only, or whether they have been actually implemented. 26. From a perusal of the UJWALA Scheme it appears that the Central Government has scheme only for rescued trafficked women but no scheme for those sex workers who voluntarily want to leave the sex trade. In our opinion, proper effective for those sex workers who voluntarily want to leave the sex trade. In our opinion, proper effective scheme should be prepared for such women also. In this connection, we would like to say that the Central Government scheme has placed a condition that the rescued sex workers must stay in a corrective home in order to get technical training. In our opinion, no such condition should be imposed as many sex workers are reluctant to stay in these corrective homes which they consider as virtual prison." this indicates that there are people who voluntarily want to live the sex trade and there are who want to live and continue over there. Why this attracted me is also because each time when i have taken class to police in our state on Trafficking laws their question is what about the people who do it them self with out any force? what about the high class sex-worker who do it on their own? This indicate that the government also recognising that there are people who forced in to/ trafficked in to the trade. what we have to be more concerned is to eradicate the trafficking. supreme court is keen on rehabilitating the sex-worker, but still thousands of women who are trafficked are forced to be in jail along with the trafficker, in fact the Apex court in Bachpan Bachao Andolan (2011) 5 SCC 1, case said that the the children who are trafficked and used them in the sex-work should be rescued. since this judgement speaking the larger issues of the sex-work and talking about the rehabilitation of the sex-work let there is some direction with respect to treat them as women/human and provide them proper care and not look at them as criminal further if they don't want to treat them as victim of trafficking even though the law says so. I am also interested in looking at the functioning of the comity in order to kind of cases booked under the ITPA Act and number of trafficked women were arrested under the ITPA act and treated them as accused.

Thursday, September 1, 2011

Thank You


 
Yesterday morning when I woke up to go far my morning run saw a missed call and a message from friend of mine “call me as soon as you see this message’. I called him to see what had happened.  He said that ‘one 20-30 people’ were detained in various police stations across the Bangalore. I heard that 120 to 130 people! It was not new, but this time it was strange it’s also because the number of people involved in it.  
This is in connection with the robbery has taken place in City 10 days ego, it is the story of the police that a Nepali Security Guard has stolen 3 KG of gold from a Jewelry shop. It is their story that he has entered the Jewelry shop from the building he was working and taken the gold and runaway from there. Police have decided that if they bring his relatives and the village people who are working in Bangalore at various places, their family will bring this security guard who ran away with the 3KG of Gold.
Anyway when I heard 120 People, I felt, how they can do this. Why do they have to keep them in side for 10 days? Decided to do something about it. How do we do this? My friend told me that we should not disclose the details of the person who has given the information to us. Police has let him go only with the condition that he will not open his mouth. In case if we take his name then for shore there is complete chances that his life and liberty is at danger.
I thought the best way to deal with this is to bring this issue to State Human Right Commission and our High court has holiday for 5 days since there are festival, and also who will be the party to go before the high court? The root of SHRC was the best available option for us. Called the Chairmen SHRC and asked him if he could do anything in this case. He said its holiday and he has no staff to deal with it and he expressed his inability to deal with it till Friday. I can understand his position, but I have to do something about it, that’s when the idea of Sting operation came in to my mind.
Thought we do sting operation and then take this matter to Home office of Chief Justice of High Court and see what will come out.
Made few calls for journalists friends and advocate friends sought there help we all assembled at Press club around 3.30PM, But the hidden camera was still issues, a professional media friend decided to go and buy new one and he also reached the Press Club by 3.45PM with the new camera. When we were testing that Camera came to know that battery of the camera is already dead! Thankfully my Laptop was in the car and put this camera for charging. We met this guy who was released by the police and told us that still another 20-30people are inside and got the clear picture and made out plans and decided to go.
It was already 4.30PM now we are all ready to go and bang the police with the help of New Hidden Camera tested before going to station again it’s working now. An guy  who was holding the Camera we went in it was already 5PM. Saw few Napali looking people kept in the cell could not talk to them, suddenly this guy came to me and told me that the Camera recording indication light is bright and people could able to see it. Did not know what to do and could not able to help him in that position. The Inspector of Police of that station was present in the police station, he welcomed us and offered Tea, and we said Black Tea would do.
We had Tea and asked him the details of the case and why they have been detained in the station. He said that they are innocent but kept them inside the station in order to bring the real culprit. Yes but why should they be detained for 10 days, he said not 10 days only few days. After long debates we said release them now/today otherwise incase if something happen we are not in a position to help the police. He was shocked by the end of it and said that he will speak to his high officer and release them immediately. Now we went and spoke to these people took their names and give them my card and asked them to call once they are being released.
It was already 6PM we felt that this guy will release them in case if he does not release them we will look for the next plane of action and left the place. I got a call around 8.30 PM from one of this guy stating that they are being released and he said 'Thank You'.

Wednesday, August 24, 2011

how can their bill be called ‘Jan Lokpal Bill’!



Past few days at least in the 24x7 news Channels the only one news which is Team Anna and so called Janlokpal bill. 24x7 news channels seems to be projecting that this is the 2nd freedom struggle, the voice of Anna Team is the voice of Indian. People who have not seen the JP movement says that this is the only movement that brought thousands of people in the street, feel these people are neither able to read or able to understand what is happening around.
It is also become an fashion to people if you say that you have reservation with respect to Team Anna then they say that I am not against the corruption, this reminds me what Bush said when he was waging war against the terrorism “you declare either you are with us are with them” now Team Anna saying the same thing that either “you are with us or with them” is this be called democracy.
It is important for us to remember what Dr B.R.Ambedkar said, in his last, visionary speech after the submission of the drafted Constitution on November 25, 1949. He warned of three possible dangers to the new-born democracy.
1.      These related to social and economic inequalities,
2.      the use of unconstitutional methods,
3.      and hero-worship.
Dr. Ambedkar first pointed to the contradiction between equality in politics in the form of one-person-one-vote and the inequalities in social and economic life. He argued that for political democracy to succeed, it needed to be founded on the tissues and fibres of social and economic equality. He warned that we must remove this contradiction at the earliest possible moment, or else those who suffer from inequality will blow up the structure of political democracy. Although we in India are trying hard to reduce the vast inequalities that exist, the working of political democracy is already under heavy stress due to discontent in some parts of country.
Dr. Ambedkar's second, and more important, warning in the present context related to the methods to achieve social and economic objectives. He urged the people to abandon bloody as well as coercive methods to bring about change. This means abandoning methods of civil disobedience, non-cooperation, coercive forms of satyagraha and fast. Referring to the use of these methods during the British period, Dr. Ambedkar observed: “When there was no way left for the constitutional methods for achieving economic and social objectives, there was a great deal of justification for unconstitutional methods.” But using them since that period, in his view, was “nothing less than the Grammar of Anarchy.” He advocated that “the sooner they are abandoned, the better for us as a nation.”
Dr. Ambedkar's third warning related to “hero worship.” He was immensely concerned over the political culture of “laying down the liberties at the feet of great men or to trust them with powers which enable them to subvert their institutions.” He believed that there is nothing wrong in being grateful to great men who have rendered life-long services to the country. But there are limits to gratefulness. No man can be grateful at the cost of his honour, and no nation can be grateful at the cost of its liberty. This caution is far more necessary in the case of the people of India than in the case of any other country, for in India, bhakti, or what may be called the path of devotion or hero-worship, plays a part in politics, unequalled in magnitude to the part it plays in the politics of any other country in the world, argued Dr. Ambedkar. He went on to add that bhakti or hero-worship in religion may be a road to the salvation of the soul, but in politics, bhakti or hero-worship is a sure road to degradation and to eventual dictatorship.
What Dr. Ambedkar said in 1949 is becoming true in letter and spirit in the case of Anna and his team agitation for so called ‘Janlokpal bill’.
What is at the stake today clearly is the secular constitution of the India, what team Anna is intending to do is to subvert the constitution mechanism and take a way the entire power of parlimentry privileges guaranteed under article 105 of the constitution. And also it is further intended to takeaway independency of judiciary stated part 5, chapter 4 of the constitution.
Very basic structure of the constitution distinguishes three different pillars of the state. Which is called doctrine suppression of power from executive and legislature? What Team Anna’s proposed so called ‘Janlokpal Bill’ intendent to take away the very basic doctrine suppression and bring everything under one superpower body.
The preamble promises to secure justice “social, economic and political” for the citizens. A peculiar feature of the Indian Constitution is that it combines social and economic rights along with political and justiciable legal rights. The preamble embodies goal which the State has to achieve in order to establish social justice and to make the means free in the positive sense.
Its seems to be the according to team Anna India’s only problem/biggest problem is corruption. What is ignored is much deep routed problems exist in this country/society such as issue of caste system issue of caste, gender, displacement, tribal etc., various other socio economic issues even though much uglier but not being either noticed or did little in order to eradicate any of this issues.  We are not saying that corruption is not an issue, of course it is. But what we saying is the economic, political, socio economic politic corruption. Which team Anna seems not interested at all. What surprising me is that team Anna is not given a call or not even declared from all is followers that neither I give bribe nor I receive bribe. What minimum can do is declared the people who have come to street today in support of Anna at least declare that “I don’t give bribe I don’t receive bribe”.
I had an occasion to discussion number of people who claim to support team Anna non of this people have red Lokpalbil or Janlokpal Bill, forget reading the debit on the Lokpal Bill the not even red basic structure of the constitution. I appeal this people who talk about democracy and declare the democracy is dead just because Janlokpalbill not accepted as stated by team Anna, to read the constitution of India.
Anna and his team should recognize that for a new democracy like ours, which is operating within the framework of undemocratic relations based on the caste system, constitutional methods and social morality need to be cultivated and promoted with a purpose. The Lokpal Bill is too important a piece of legislation to be passed under threat and unreasonable deadlines. All its aspects need to be discussed with extreme care and with consensus among all sections. Dalits have begun to express concern about its implications for them. In a society where the anti-caste spirit and prejudices are present in abundance, they feel that given its proposed wide-ranging powers, it may be misused.
Team Anna should realize that the Indian Constitution provides ample opportunities for advocacy, through discussion and lobbying with parliamentary Standing Committees, Groups of Ministers, the Ministers concerned, the Prime Minister, courts, and above all through a peaceful agitation. With several political parties on their side, the possibility of reaching a middle ground is high. Experience with constitutional means shows that civil society activists, through their constant struggles, have persuaded the two successive United Progressive Alliance governments to acknowledge several basic rights and convert these into laws. The right to employment through the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), the right to information, rights under the Forest Act, the right to education, and now the right to food, are some of the revolutionary measures that civil society has been able to accomplish through constitutional methods. It is an opportunity for Team Anna to use constitutional methods and enhance the faith of people in these; otherwise Team Anna will convey the message that only coercive and unconstitutional methods work.
As Dr. Ambedkar observed, due to certain aspects of Indian culture our people are highly vulnerable to hero-worship. How a yoga teacher could convert yoga devotees into religious devotees and finally into political supporters within a few years' time is a classic example of what hero-worship and bhakti can do. Another religious preacher has threatened that he would use his religious followers for political end which he thinks does not require discussion with them as they follow him in whatever he tells them to do.
Today’s people who are campaigning for the Team Anna are the same people who try escape by not paying the traveling ticket in the bus, same people who force police to take bribe while they are caught for drink & drive, same people who smoke in public by violating law. They are also the same people who bribe to visit any of the temples they want to visit. How does the law will bring the change if they are not ready to change in themselves? What is required is the education for the people not to give the bribe. When there is no one to give bribe then it is easy to eradicate/ catch the people who demand the bribe. The biggest issue is not just about only people, who demand the money but it is also the people who give the bribe.
At the end Team Anna need to know that Parliament Members are the leader’s of Jan and not the Team Anna who do not even have a Lady member in their drafting committee, who represent around 50% of Indian population, there is no representation in his team who represent 8.8 % of Tribe’s, who represent around 18% of Dalith, who represent around 53% of OBC’s, and Who represent around 16% of Minorities, how can their bill be called ‘Jan Lokpal Bill’!

Tuesday, August 16, 2011

Money has no value!


Till recent many places around Bangalore was far away from Bangalore city. Even though it’s hardly 30 to 40 KM, traveling to city was un-common, in fact it was extraordinary if someone visit city. People have counted each rupee I still remember looking at Rs: 100 notes was something very big. To hold 100 Rs Note he/she must be really rich. Biggest pickpocket use to happen from parents pocket is either 50pica or 1 Rs.  Definitely not more than that, even taking 50 Pise or 1 Rs uses to be big task. I am not talking about too long, it use to be the case till late 90’s.
I remember we use to get one Anarkali (one of the bekari food) for 15 Paisa, and 20 paisa for Dil-pasand and if I pay 50 paisa and buy something called Kadalepuri at Shanimahatma temple near my school I could walk for at least 2 KM from my school (it was 8KM walk to school from my village and back) to village and then look for some froot either in the forest or in some one’s farm for the rest walk to reach home back on Saturday afternoon.
The land cost was very less till recent days, only after the airport project the land prices have gone up in our area. Now people do not talk in thousands or lakhs of rupees, but they talk only in crore’s of Rupees, students carry 500 Rupees notes. The Indian corruption has been spoken in thousands of crore’s of rupees. The present days each politician and his corruption has over shoot the Indian 1st few 5years plan’s total budget.
What surprised me is not amount of money involved in corruption, what surprised me is that the money has actually has no value in this system for many people. How did that happen? There are thousands and thousands of people even today struggling to earn Rs:100/-per day, and the other side there are people talking in the language unknown to these people. Is this what our government achieved in this 61 years of our constitution, where it declared that, all are equal before the law and the state should work towards making all the people equal, equal in terms of equal states, equal dignity, equal life style.  There are people becoming richer and richer and there are people becoming poorer and poorer.
Was thinking of this aspect for a long time but what made me to think more is what happened last week with few boy’s in our village.  
This boy who was my school-met in our village, who is also from agricultural family baground has lots of land in their name, but due to some issues in their families they are struggling to sustain their life in the village. He has many sisters who got married and there are still some who is yet to get marry. (In a rural set up girl marriage is still issue, there is still demand of dowry, and this is the case of the many landlords in the village). He had gone to buy a bike with help of another boy and finally ended up in buying a stolen bike without knowing. Later when they realized that the bike was stolen and they did not know what to do his friend tried contacting the owner and managed to get in touch with the owner and it seems to be that they have asked the owner to give the money which they have paid and take the bike. (up course there are contradictory statement with respect to this). The owner has told them that he has lodged the complaint and he is willing to give the money for the bike. Subsequently the police had taken these boy’s in to custody.
I am not making any statement with respect to the method they have adopted to return the bike back to the owner. It may be premature since I actually not able to speak to them properly on this issues. But what has happened there after is very important.
The matter reached to me only a day after the arrest of one person, and then I decided to go to police station and see what can be done. I went to police station, there were many people from the village present they seems to be already had one round of talk and now I joined them in the talk the inspector insisted me that I should keep the other guy present before them and then he is ready to do his best for these boys. He also ashore that he will not ill-treat, and also he will not file any case if there is no case against them. It’s hard to trust the cops from my activist experience and also as an advocate experience, but today we had no choice. We could have approach the court and seek an anticipatory bail which may take an about 2 weeks but the issues was not easy even after the anticipatory bail, that’s when decided to keep the other boy present and I undertook that he will be in the station by evening. I sent word to the boy and asked him to be present in my office by 5PM and then I could take him to station.
It seems to be many people have joined to release these boys. Now there are different people called me and his arrival to my office got delayed and he did not reach me even though its 9PM, then I decided to go home. What I heard later is that another delegation has reached the police station in the night and had conversation (I am not aware of the conversation and no one had briefed me as well) and it seems to be that the inspector refuse to talk without keeping this boy present.
Next day morning again I got the call and this time I was thinking do I really have to go? but then thought forget what has happened and let see what best can be done, so decided to go. By the time I reach the station there are many people having conversation and when I reached it seems to be normal. The inspector asked me why I could not keep this boy present last night as stated by promised. He further told me that now the issues is resolved and I will file a small case against them as promised by me and you people should do as promised by you. I was not known what was promised and asked him what is the promise from our side, for which he said these people have agreed and you can talk to them and then he went out.
It was shocking I asked the people who are present in that meeting what was agreed for they said “ONE” I did not understood, one thousand is very small may be then thousand I asked them they said no ONE LAKH WHAT! Who will give I know both the boys that they are not in any way capable of paying any money and now where do them bring this money? I tried telling them it not possible and one should not have accepted for the same.  
We came out and had discussion among the others who were present outside the police station, they were equally shocked. Then I told the inspector that this is not possible and requested him not to demand money. It seems to be he was not ready. I left it as it is. Meanwhile there are more people came and said we will speak to home minister, we will speak to some other officer, we will get some big advocate, and get them out, but I know at the end of the day no one spoke and no one added any useful input to the case and I know at the end of the day in all this mess I was the villain in the eyes of the inspector.
Later in the evening I again went to court and manage to file the bail application and got them out 2 days later on bail.
What made me to think is this “One Lakh” Rupees how easy it has become to talk in that language where a common men has to work may be 3 to 4 years to earn this much of money is been demanded in les then a second and agreed to pay in les then a minute.