Ameliya Gram Sabha

When I was in school independence day celebration means lot for us, it's holiday, does not have to study and also don't have to go for work in the farm, it's just siting in school listen to speech ( mostly crap and also boring), till you get your  share of sweets, by then mostly half day over, so that is our independence day.

Over a period things changed, specially when we have moved to college the independence day is not just a day to wait for sweets its about being patriot, notion of nation, struggle etc. over a period of time things again changed, started questioning ourself of, what is freedom?, where is freedom?, who have got the freedom?etc,many more question use to pop up in mind.  Eventually stopped attending independence day celebration. I had not seen freedom being enjoyed equally or people enjoying freedom.

there are many time i have felt bad for what is happening and also what i am doing, but things become justifiable when i read about Gandi and that he was not celebrating Indian Independence day on 15th August 1947.  

This time it was different, I attended a independence day celebration that to in a village faraway from city and some where in a remote village in the state of  Madhya-Pradesh, the village is called Ameliya. This village is in Singroli dist of Madhya-Pradesh. I was not invited to attend this program, but I was there to attend the Gram-Sabha which was going to be held in that village, when i reach this village the school was still celebrating the independence day program so spent some time over there, though i missed the village heads speech i was happy to see so many people are attending and again the student were waiting to receive there share of food. The Gram Sabha was going to held immediately after this program so all the elders of the village were also present at that place. That's why I say this year it was some thing different.

Ameliya Gram Sabha:

This is my second visit to this village i had been to this place some time in the January this year and i am going again this time, this village is just next to the ESSAR power Plant being built in MP-Mahan Forest.

I could see this village (at least the people who have gathered in the meeting) Gram Sabha was divided in to  Two groups/ faction, one group of people present just because the company has asked them to be present and they are very much present to intimidate the other group and to ensure that the other group did not get the chance to raise their voice. This Group largely consists of village Sarpanch (Chairmen) of that village Panchayath and his follower mostly they are belongs to upper cast (non-tribe)  people in the village.  

The other group is the people who are just got some knowledge and importance of Gram Sabha who are also largely dependent on the forest alone, though they have bit of land as well. Most of the people in this group are ill-let-rate, who never attended any of such meeting before, never raised their had in front of Sarpanch in the village never questioned for what he is and why he is doing any thing he is doing, and mostly tribe community, and these people are supported by few activist from Greenpeace, and this is where they came to know that their land will be taken away for cole mining and their forest will no more be for them and that also will be taken away for cole mining, and they were also informed by this team that people have a right to participate and raise their issues in the village Gram-Sabha including.

Sarpench insisted that the outsider should not be in the meeting and its only for the insider (villagers) so our team was asked to step out and we were siting in the jeep just outside. The company people are also was siting few yards away from us with their people, who are half drunk, and some of them waiting for after noon chicken and mutton which was getting  ready to feed the people who came to support them in the meeting.

People use to come and constantly update to us of what is happening in the meeting, what we learnt from these people is that the Sarpanch and other officials mostly Patwari asking these people to keep quite as and when they raise the forest rights question and people not giving land to company for mining purpose.

What we could do except telling them to insist on this matter and asking them to take it has an agenda to discuss and discuss the same. probbely its easy for us to say but i know its very difficult for the person who never open the mouth in front of these people and who never questioned the Sarpanch to question him in public is not an easy task.

Finally this drama got over around 3PM, then we had a separate meeting to understand what happened and how thing went wrong.

What was interesting is that there are people saying that we never been to any such meeting and we never questioned our Surpanch, never talked in front of him, but we did it today. Some of them saying we have never saw our village Gramsabha happening for such long, it normally for 10min defiantly not more then that, in that sense its an achievement and its a big achievement. What is also interesting is that they them-self see the lack in understanding the process of Gramsabha and their educational bag-round to question these people, and clear need that they need to learn and thereby challenge these people. Probably this is the achievement of the freedom 66, people are now realizing that they need to learn and need to talk.

Though i was very happy to see the positive strength of the people i was quite disappointed with the company and their attitude towards these tribe people. specially buying people by providing alcohol etc. i was not shocked for the act of company but disappointed that there are people who still go for the day food then the future.

One thing made me to think and think because, though i am born and bought up in this country that day we when we were at this place we were with the constant fear that the people who are drunk, people who are sponsored by the company may come and attack, because, few people who are there to fallow us and use vulgar words and intimidate us constantly, if there was no representation to DC, SP and other people it could have difficult for us to be there.

I would say Company may have won today's gramsabha but they do not know that now people know what is Gramsabha and they also do not know that people have learnt to question, and these question are very difficult to answer.

The Hindu : NATIONAL / KARNATAKA : Lokayukta teams to probe illegal import of luxury cars

The Hindu : NATIONAL / KARNATAKA : Lokayukta teams to probe illegal import of luxury cars

Female foeticide and the Law

There was a day people use to say that female child was no use to the family she go away when her parents are old age, she can’t sustain herself, she is no good in order to help her father’s side of the life cycle

I thought it’s understanding of old age and the age of people are being un-educated, ill-literate, and also thought day by day people will manage to grow up and able to be good citizen and respect both the child equally and given them equal opportunity, but it seems to be the era is still not come. Female feticide, bride burning, discrimination, rape, eve-teasing, etc.. are not stopped in fact increased day by day in this generation in between educated people.

Article 14 says equality before law,

Article 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

But what has happened no change, female foeticide, throwing female baby on the street continues to happen even today.

In the year 1994 the government of India brought The Pre-Natal Diagnostic Techniques(regulation and Prevention of Misuse) Act 1994 in order to regulation of the use of pre-natal diagnostic techniques for the purpose of detecting genetic or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex linked disorders and for the prevention of the misuse of such techniques for the purpose of pre-natal sex determination leading to female foeticide;”

The following provisions to deal with the issues as fallows:

Section 5 of the act, prohibits conduct the pre-natal diagnostic itself without, Written consent of pregnant woman and,  Section 5(2) says that, "No  person conducting  pre-natal diagnostic  procedures shall communicate to  the pregnant  woman concern or her relatives the sex of the foetus by words, signs or in any other manner. "

 Section-6, of the act prohibits the Determination of sex;

Section 6 (a) no Genetic Counseling Centre or Genetic Laboratory or Genetic Clinic shall conduct or cause to be conducted in its Centre, Laboratory or Clinic, pre-natal diagnostic techniques including ultrasonography, for the purpose of determining the sex of a foetus;

Section 6 (b) no person shall conduct or cause to be conducted any pre-natal diagnostic techniques including ultrasonography for the purpose of determining the sex of a foetus.

There is a board constituted by this act my eminent people and the functions of the board are specified in section,16 of the act apart from conducting many functions the board, is suppose to "To create public awareness against the practiceof pre-natal determination of sex and female foeticide;"

the law also make mandatory  that all the Genetic Counseling Laboratories or Genetic Clinics should be registered under section 18 of this act.

PUNISHMENTS:

CHAPTER VII of the act speaks about the offences and penalties, Section 22 of the act speaks about the   Prohibition of advertisement relating  to pre-nataldetermination of sex and punishment for contravention, and section 22(1) of the act says, No person, organisation,  Genetic  Counseling Centre,Genetic  Laboratory or Genetic Clinic shall issue or cause to be issued any advertisement in any manner  regarding facilities  of pre-natal  determination  of  sex available at such Centre, Laboratory, Clinic or any other place.

And section 22(2) of the act says, No person or organisation shall publish or distribute or cause to be published  or distributed any advertisement in any manner regarding facilities of pre-natal determination of sex available at any Genetic Counseling  Centre, Genetic Laboratory, Genetic Clinic or any other place.

And section 22 (3) of the act says, Any person who contravenes the provisions of sub- section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees.        Explanation.--For the purposes of  this section, "advertisement" includes any  notice, circular, label wrapper  or other  document and also includes any visible representation made by means of any light, sound, smoke or gas.

Though initially the punishment is awarded, three years and with fine which may extend to ten thousand rupees for first offence and subsequent offence punishable up to 5 years and fine of Rs50,000/- but subsequent amendment increased the imprisonment up to 7 years and fine up to Rs:5,00,000/-

The penalties,  also including  the removal  of his  name from the register of  the Council  for period of  two years  for  the  first offence and permanently for the subsequent offence.

The law also makes provision to make the offenses of abetment,   of offense under sub-section (3) of section 23 and shall be punishable for the offence specified under that section. "

CHALLENGES:

Biggest challenges to implement this act is that the information about such test or any such termination of pregnancy. This issues is done through mostly educated and middle class and upper class community however they manage to keep it un-informed about this aspect, some time these issues will come up when the husband and wife go for divorce where the allegation was made that the husband has not taken care of wife because she give birth to female child or she refuse to terminate the foetus, till then these issues are not spoke openly. May be this is high time people who are well educated understand the role and make shore that these kind of activities are not done, or in case if they come to know report about it. Or try to change the mindset of the people on these issues.

From 'Goonda advocate Diary'

Its called  "from Goonda Advocate Diary" because, the media from past 4days constantly making the story and branding entire advocate fetarnity as Goonda advocate. I being a lawful member of such fetarnity, it's from my diary which I thought will share with you all.

There are some caveat,  before you read further thought will let you know these points,

1)    its my side of the story,

2)    It's the story which I have observed over these four days

I was still in college teaching my students when I heard these news on 2nd March ( which media called it has Black Friday, even I don't mind call it the same but not for that reason but my own reason), and I decided to stay back in the college, had a lunch at the college it self, switched on the news and saw what was claim to be 'happening' in the city civil court compound Bangalore, was shocked by seeing the news and attack on the journalists, few of my journalists called me to ask my opinion and also to confirm the death of the advocate, they also told me that 2 police men were dead. This made me more shock, but told them will speak to other members and confirm the same. When I called my advocate friends there are rumors and some one is saying that 2 advocates and some one is saying one is confirmed and two more on the list. Did not know what to do but decided to stay back in the college.

When I heard that things are calm-down, I left the college to go to my office and on the way saw hundreds of police vehicle at K.R.Cricle, I was also not in my advocate uniform so decided to take city civil court way, when I reach the city civil court, saw there are groups of advocate was running to court hospital with head injury, was not clear what was happening, when I went towards Mysore Bank Cricle I saw hundreds of police people beating each advocate whom they saw, their vehicles were smashed in front of senior police officials, thankfully my car did have any advocate sticker, nor I had any uniform, they let me pass through.

When I reached Gandinagar I saw number of advocate with the bleeding injury on the streets. Send them for treatment and parked my car at my office, took my other fellow advocate in plain cloths, and decided to reach city civil court to see what is happening.

We reached the university compound from where we could see the city civil court complex, what we saw was something which i have not seen before.

there was no marcy for police on advocate who was in and around, they manage to find each and every advocate who was passing through and beat them on the street chased them in and around the streets. let me tell you this is nothing to do with the lati Charge order its a act to find the advocate and beat them.

I called few police officer to understand what is happening, it was horror what they have told me as well, apparently the media has published the news that there are 2 police men died and two police men were kept captive in the complex and their eye's were removed, this is what led them to go over on each and every advocate who are in the region.

At 5PM some of the session judges where going out in their cars, some one in the police crowed shouted that the people who are going in the car are the advocate, without even looking who is actually going they smashed those cars on the road at Mysore Bank Circle.

The issues did not get over this, at one side i was trying to coordinate in order to release the advocate who were stuck in side the court complex, who could not come out due to police blocking the road all side from court complex, Mr Mirji came to the court complex at that time i saw many police who have entered the court complex put fire on the Maruthi Omni car which was standing in the complex. at this junction i have seen some of the journalist were having a happy laugh, and some of the people in the crowed stating that there is one more care burn burn, for which some people saying keep it till it get dark and then burn it!

I saw this incident till 7PM and then decided to go back to office and then i went home, switch on the TV to see what is being shown, it is horrible again, media is talking as if they are innocent and the advocate are the tugs. they have called all the advocate members as Goonda's, hooligans and what not.  false news continued to telecast stating that 3 police were died and up-course there is no news about either the facts that they advocate got injured, trapped in the court complex and their vehicle were burnt by the police.

some of the people, organization whom i know who claim that they are human rights activists, where given statement on TV channels, without verifying the facts that false news about police men death, this has been spread but non of them are making any statement that possible injury on the advocate and their property.

I spoke to each one of them and condemned the and said 'what you just said is wrong'.

In the morning got a text from one of my journalist friend stating that " I hope we have been objective in or reporting"

for which i replayed, "to an extent yes"

it seems to be he got upset and sent me reply, "what do you mean?! It is very unfortunate that you are taking sides!!"

For which i felt telling him some thing what i saw and texted him this, "lets not talk about it I was standing in the place from 3PM to 7PM and saw what happened and also the media people around the police who witnessed and refuse to record what went, unfortunately I know some of the media people and also the police indulge in the activities. If u want me to talk only what happened in the morning u also taking stand which I think is not correct as well"  and i further said, "Compare to others you paper has some story from other side which I recognize".

I do not know what he felt he send me another text, "Thanks for certificate, your honour"

for which I really felt like saying some thing and said, "No journalist filed the case on the attack on them, they took law on their hand, when police smashing the car and beating people laughed. I am not honour and have no strength to give certificate to anyone, and neither I defend any advocate, i only condemn what I saw, I think i have right to do so"

for which he replayed, "we'll talk later"

In the day I saw lots of students have posted the photo which clearly shows how police attacked the vehicle, I went and met few people and learnt many inside story.

Even today many of the people who claims that they are intellectual continue to comment by just looking at the news paper and the TV. Today some one asked me why you advocate behave like this what is happening when did you people grow above the law i said i am still below the law i am not above the law, and requested them don't talk to people by just looking at the news which has been telecasted on the air or printed and there are many other story to it. when they asked me to appear in a matter i said i have been called Goonda Advocate if you have no problem being represented by Goonda advocate i will represent you.

Its my diary I thought I will let you know. I am Goonda I have no problem to defend you if you have no problem being defended by Goonda. 

J

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 

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.

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. --