Tuesday, July 10, 2012

A Case of Juvenile Justice: A Girl Child was punished for bed-wetting


Though democracy is an ideal form of governance, still the citizens living in a democracy can not take it for granted and they cannot remain rest assured that their rights are guaranteed, despite the existence and functioning of legislature, executive, judiciary and the press as the four pillars of democracy. While any citizen living in a democracy is vulnerable, the children are no exception. Recently, in Shanthiniketan, a famous educational institution established by Rabindranath Tagore in Kolkatta, the rough handling of a girl child by the hostel warden demanded juvenile justice. The girl child was just ten years old and an inmate of the hostel. When she committed bed wetting, the hostel warden punished her rather cruelly and unusually. She ordered the girl child to drink her own urine. Another complaint says that the teacher ordered the girl child to lick the bed which she had bed wetted. Due to the cruel punishment meted out to her, the girl child fell ill. When the parents of the girl child came to know about the ill-treatment meted out to their daughter, they got infuriated and rushed to the school only to attack the hostel warden for her reckless behavior and inhuman treatment of their daughter. Going a step further, the girl child’s parents preferred a complaint in the police station against the school warden. The school authorities in turn filed a complaint against the parents of the girl child. The police arrested both the teacher and the parents of the child and later they were let off on bail. When the above case came up for trial, the trial judge blamed the police authorities for framing only mild charges under the sections of Indian Penal Code against the accused and also questioned why the police authorities did not book her under the Juvenile Justice Act. Whatever must be the verdict of the above case, it is a pathetic case. It is hard to understand, how a women (the hostel warden) failed to understand that bed wetting is quite natural and that too in the case of girl children, each girl child might have her own physical problems for such bed wetting. Even matured adult and aged people too have the habit of bed wetting. In fact, bed wetting is a kind of ailment that requires a medical treatment from a specialist. It is quite disgusting that such haughty and imperious teachers were not aware of it. However, an injustice has been meted out to the hapless girl child that committed no crime but only bed wetting.Hence, the child's case should be dealt with under the appropriate provisions of the Juvenile Justice Act and it should serve as a lesson to other ignorant people.

Friday, June 29, 2012

US Supreme Court’s Landmark Judgment: Affordable Care Act, 2010 Upheld.


From the days of Truman, a universal health care act throughout US had always been a dream. Despite being an advanced country with an awareness towards the healthcare, still more than thirty million people in US remain uninsured. It was Obama’s farsightedness and self-belief with his favorite motto ‘we can’ prompted him to enact affordable care act, 2010. Notwithstanding its proclaimed benefits, the act was stiffly opposed by the Republicans tooth and nail. Two particular issues, the individual mandate and the federal government’s extension of the Medicaid to all states became contentious. In a few circuit and appellate courts, the act was already reviewed. Two democratic judges upheld it and two other republican judges declared it invalid and unconstitutional. Finally, when the act came under the purview of the Supreme Court of US, the highest appellate court of US, the whole nation awaited the outcome. During March, 2012, the arguments of the case in the Supreme Court of US lasted for more than 4 days the longest ever in the last 50 years of US history, representing the federal government and the states. On 28, June, 2012, in the case of affordable care act, 2010, the landmark judgment was pronounced by the Supreme Court of US with a 5-4 verdict upholding the act.While 4 judges were dissenting calling the act unconstitutional in its entirety, 5 judges including the Chief Justice John Roberts upheld the act. Interestingly, though the Chief Justice did not accept the provision of individual mandate as it tried to force people to accept health insurance. On the other hand he accepted the provision for imposing penalty against those people who are not willing to purchase health insurance, calling it a tax and since the federal government is empowered to collect tax, and so he accepted the mandate. On the issue of extending Medicaid to all the states of US, the Supreme Court did not accept federal government extending Medicaid against the unwilling states. On the other hand, the Supreme Court gave them an option. Those states which are unwilling to extend the Medicaid may retain their existing fund and they may not have federal funds in future and in the case of other states which are willing for the extension of the Medicaid will have the federal funding in future for the extension of Medicaid. The republicans already opposed it in 2010, and now they are opposing it and they will oppose it in future and try for its withdrawal. The republican presidential nominee Romney owed to scrap the healthcare law when he comes to power. The four dissenting judges opposed the health care act in its entirety. In particular Judge Kennedy opined that though Congress in the issue of individual mandate contemplated only penalty, the Supreme Court converted it into tax and thereby committed an overreach. The provisions contained in the act as to eligibility for affordable health care insurance are a bit cumbersome and complicated with as many as twelve provisions. It must be simplified. Though the act is intended to extend the health care insurance to the poor, still many poor people remains uncovered. In fact the affordable health care insurance is extended to those people up to 133 % of the federal poverty line. Many express doubts about the extension of Medicaid to various states. Though federal fund is provided in full to the Medicaid extending states, there will be a gradual reduction in federal funding from the year 2020 onwards, say it will be 90 % in 2020.The issue of imposing tax against those people who are unwilling to accept affordable health care insurance will be only in 2014. In any event, the affordable care act, 2010 is the first of its kind to insure as many as 17 million people that remain uncovered in US.Another salient feature is that people with pre-existing diseases like diabetes will be covered under the affordable care act.The land mark judgment by the Supreme Court of US upholding the act is a significant victory for the President Obama administration. Perhaps it will be a major issue in the forthcoming presidential election campaign in November, 2012 between the Republican Romney and the Democrat Obama, and certainly the Supreme Court’s 5-4 verdict upholding Affordable Care Act, 2010, will play a crucial role in tilting the scale in favor of Obama.

Juvenile Crime


You might have heard that a few months ago, a school boy of just 15 years old committed a murder killing his Hindi teacher in his school in Chennai. It was even more pathetic that the court that tried his case had no jurisdiction to try him nor it followed juvenile law during the trial of the boy. A few days ago an appellate court in Chennai quashed the entire proceedings against the boy by the lower court since it lacked jurisdiction. How pathetic it is.The courts too do not apply their mind in such cases that too in a murder case committed by a juvenile offender. Let us hope at least in future such mistakes will not recur.

Tuesday, June 26, 2012

The idea of imposing a heavy fine against the helmet-less two wheeler drivers


The Idea of Imposing Heavy Fines against the Helmet-less Two Wheeler Drivers Though I come across a number of news items pertaining to road accidents,a very particular news about a road accident that occurred yesterday caught my attention. The said road accident was not caused by any collision of vehicles but by the sheer negligence of the victim. The victim was none other than the son of a VIP, I mean Mr.Raju, the Minister for Co-operation in the Tamil Nadu cabinet. The victim was just 27 years old riding his two wheeler rashly and negligently and without wearing any helmet.When he was driving rather speedily and rashly at NSB road Chennai, he failed to notice a speed checker ahead.He stumbled and was thrown away from the vehicle sustaining severe head injuries. Despite getting immediate medical treatment at Government hospital,Chennai and then at Apollo hospital he succumbed to head injuries and declared dead.It was really a pathetic case considering the age of the victim. The road accident clearly shows a negligence on the part of the victim.He drove speedily.He did not wear a helmet at the time of accident.Had he worn a helmet, his head would have been protected and he would not have sustained severe head injuries.He might have been even alive with some minor injuries. Though time and again, the traffic police are insisting to wear a helmet by the two wheeler drivers, they hardly follow such instructions without knowing that they are endangering their own lives. Such accidents are timely warnings for the reckless helmet-less two-wheeler drivers. Instead of resorting to periodical sudden check ups for the violators of helmet-less drivers, there must be an advance machinery or device to book the culprits then and there. At present only a nominal fine is imposed against them.Why not impose a heavy fine instead of collecting a petty sum from such reckless two wheeler drivers?After all it is in the interest of safeguarding such persons and in the larger interest of the society as well. The government may even introduce DUI type laws, imposing punishments such as heavy fines for the first time offenders, simple imprisonment for one month for the second time offenders and six months to one year imprisonment for the third time offenders and permanent revocation of driving license along with imprisonment for the recurring offenders etc. Such severe punishments will certainly motivate the two wheeler drivers to wear helmet regularly and make it their way of life.After all laws are meant to regulate and discipline the society. Isn’t it?

Friday, June 22, 2012

Peeping into My Neighbor’s House: Gilani’s Removal by the Supreme Court of Pakistan


Peeping into My Neighbor’s House: Gilani’s Removal by the Supreme Court of Pakistan It is usual and customary that my wife often used to warn me when I peep into my neighbor’s house by frowning at me or calling upon me to do some other urgent domestic work so as to divert my attention. But, for the past few days, as an Indian I could not resist my temptation from peeping into my neighbor country Pakistan where an unprecedented judicial cum political episode, what they call it as a virtual judicial coup or a political vendetta, had taken place,when the Supreme Court of Pakistan removed the former Prime Minister Yousuf Razaa Gilani by a single stroke of pen.`While I admire at boldness of Iftikhar, the Chief Justice of the Supreme Court of Pakistan in triggering a judicial activism, it would be more right, if I call it a judicial over reach by the Supreme Court of Pakistan, I also wonder whether in a democratic country, the Court can remove a Prime Minister of a country just like that. It was even more shocking that the PPP accepted the verdict of the Court and immediately has chosen a successor in the former electricity minister of Pakistan. The events that led to the removal of Gilani by the Supreme Court of Pakistan were rather simple but very significant. Earlier, the said court ordered Gilani to reopen and investigate the Swiss bank case against Asif Ali Zardari involving as much as $ 15 million. Gilani refused to obey the order of the Court, thereby inviting its contempt. The speaker of the National Assembly did not take any action against Gilani either by way of suspension or disqualification. Hence, the Supreme Court of Pakistan by invoking an age-old constitutional provision passed an order to remove Gilani.as the Prime Minister of Pakistan. PPP swiftly reacted by accepting the verdict of the Court and electing a new Prime Minister, whose tenure will end by February, 2013. I just compare what happened in Pakistan with what is happening in India.The Supreme Court of India had passed an order many months ago directing the State of Karnataka to release 3 TMC of Cauvery water to the State of Tamil Nadu as adjudicated by the Cauvery water tribunal.But till date, Karnataka has been scrupulously disobeying the order of the Supreme Court showing scant.respect. The Chennai High Court, a few months ago had passed an order directing the Tamil Nadu Chief Minister to reinstate as many as 20,000 field workers known as Makkal Nala Paniyalarkal. Till date the order has not been obeyed. Perhaps India is a more vibrant democracy with a clear-cut compartmentalization of three institutions of democracy, the legislature, executive and judiciary without overstepping the domain of others. However, I cannot prove the act of the Supreme Court of Pakistan in removing Gilani, as the Prime Minister of Pakistan. Clearly, the Supreme Court had overreached or overstepped its limits.Though the Court has said that it had only followed a Bangladesh court’s decision as precedent in removing Gilani, it has flouted many democratic norms and basics. There is a saying ‘a King can do no wrong’ which does not mean ‘a King will never commit any mistake or wrong’ but for governing the people the king is above-board. Similarly according to the modern concept of democracy, the Prime Minister having been chosen from a party that has majorityt is only responsible and answerable to the party and indirectly to the people who chose his party to power. The other institutions of democracy such as executive and judiciary will know their limits and confine themselves within their limits. Thus by removing the Prime Minister of Pakistan Mr.Gilani, the Supreme Court of Pakistan has set a bad precedent and it may create recurring problems to the weak democracy in Pakistan. Who knows, the Supreme Court of Pakistan may also embark upon into similar exercises even against the new Prime Minister of Pakistan, thereby creating an uncertain future. .

Saturday, June 2, 2012

Proposed age of consent for sex from 16 to 18 regressive and draconian


Proposed age of consent for sex from 16 to 18 regressive and draconian The Government of India has proposed to enact new laws to prevent sexual offenses.In particular, it has proposed to increase the age limit for giving consent to sex from 16 to 18.However, it seems that the Indian Government has not applied its mind before making any such proposal. The Delhi High court recently declared that the proposal to raise the age limit for sex from 16 to 18 is regressive, undemocratic and draconian.Of course the court had valid reasons.Such proposals would only help the police authorities to harass the innocent victims.Besides, in the villages marriages are held mostly at an early age for which they cannot be faulted. While acquitting a person for the charges of rape against a minor girl,the court held that the government's proposal to raise the age limit of a person for giving consent to sex from 16 to 18 is unnecessary since it is draconian.Besides, before contemplating any such legislation adequate safeguards must be provided and there must be a realistic approach while deciding such cases. The case decided by the Delhi High court supported their point of view.A boy and a minor girl eloped together, got married,even had a child and were living together happily.Of course, subsequently, the parents of both families also solemnized their marriage.However, the girl's brother preferred a complaint of rape against the boy on the technical ground,when the girl eloped with the boy she was a minor.However, during the trial of the case, it was clearly proved that the boy and the girl eloped together only on the consent of the girl and consequently they even had a child.Taking all these circumstances into account, the boy was acquitted. Therefore, such cases clearly prove that sexual offenses committed during their minority will only lead to unnecessary litigation and criminal proceedings.Besides increasing the age of their consent from 16 to 18 will only lead to increase in such vexatious proceedings and unnecessary harassment of the innocent victims.Therefore, the Delhi High court rightly said the proposal to increase the age of consent from 16 to 18 is regressive and draconian.

Thursday, May 31, 2012

Plagiarism at its Worst.


I recently became a member of the Info Barrel.The site impressed me for its quality content and the free and franc discussion being allowed in the forum and the concern and regard shown by the writing community. I am in the pre-approval stage.So far I have submitted five articles in the site and all of them are live in the site.I joined the site two weeks ago. Within this short span of time,to my utter shock, the site has encountered a serious problem.An unknown plagiarist has stolen the popular articles in the site and runs his own premier article site categorizing them into plr and non-categorised articles.He even maintains an archive for old articles.When I mentioned my username, I too could see my latest article in the site. A few members have reported the matter to the Info Barrel admin.But I was also shocked to learn that the authorities who are hosting the domain for the plagiarist cannot do anything about it.The plagiarist is virtually running a parallel site, called leech.hourb creating a devastating effect on the site. Info Barrel has established and reputed writers such as JCMeyer whose monthly earnings is nearing about $ 3000 and there are many others earning more than $ 1000 per month.But they have contributed hundreds of articles in the site and getting residual income.This plagiarism may affect them very little or may not have any impact at all. But When I think about me and many others in the preapproval stage, the so called plagiarism may have a suffocating effect on us, because I am yet to realize even a single penny from my articles.Hence,I am in a dilemma whether I should continue writing in the site or should follow a wait and watch policy.The latter seems to be a viable option at present. It seems that recently Info barrel Admin has taken timely action.That spurious site leech.hourb has been deactivated.Yesterday, I personally tried to enter the site but the server support was not available.Now every writer on the site Info Barrel may have a feeling of security.What they write racking out their brain may not be stolen by any copy cats.Under the modified context and circumstances, I may take further steps to write in the site and cross the preapproval stage.

Monday, May 28, 2012

Introspection of My Progress as a Writer in Infobarrel


Introspection of My Progress as a Writer in Info barrel A writer has to frequently analyze his writing activities as a writer.I have joined two weeks ago as a writer in the Infobarrel.No doubt it is a site known for its quality content.I too hope to submit and get published only quality content in the site. So far I have managed to submit five articles in the Info barrel and got them published.But still I am not satisfied with the number of views my articles getting.Recently I read in a web marketing site, unless you are well known and familiar, your quality content has no meaning or relevance.That means even if my article has quality content, I cannot make much headway, unless my articles get more and more views. Another view is one should just take care of the quality of the content of your article. Then the content will take care of you. While the first point of view is in a way somewhat pessimistic and you are not inspired to write a quality content.The second view seems to be more reasonable and optimistic too.As a writer if I work hard to produce quality content, then gradually you will become a quality content writer and your articles will receive more views and in turn your profile will get noticed frequently. Therefore, at present my duty is to write articles with quality content.Then gradually I will get a due recognition from my readers as a quality content writer.It will be befitting to conclude with the sayings of Bagavadgita:' Do your duty.Do not expect any reward for it.'

Go To Project Gutenberg

The Kolkatta Knight Riders, the Champions of the Indian Premiere League,2012


The Kolkatta Knight Riders, the Champions of the Indian Premiere League,2012
Just a few days ago, Sharuk Khan, the franchise holder of the Kolkatta Knight Riders faced an ignominious ban imposed by the Mumbai Cricket Association prohibiting him from entering the Mumbai cricket stadium.On 27, May,2012, his team the Kolkatta Knight Riders repaired the damage to some extent by winning the Indian Premiere League cup by defeating the two times champion the Chennai Super Kings by five wickets. Both the teams were in good form.While the Kolkatta Knight Riders reached the final by defeating the Delhi Dare Devils in the first play off match rather convincingly. But it was a circuitous route for Chennai Super Kings, When both Chennai Super Kings and Royal Challengers of Bangalore are tied with equal points, thanks to Kings Eleven of Punjab, who won their final league match against the Royal Challengers of Bangalore thereby facilitating the Chennai Super Kings to enter the play off round easily. Then Chennai Super Kings in their play off match against the Mumbai Indians scored 187 in their allotted 20 overs. Mumbai Indians could not chase the total and so the Chennai Super Kings won easily. However, it had to play another play off match scoring a mammoth 222 against the Delhi Dare Devils and won it convincingly to reach the final. On 27, May, 2012, at 0800 p.m, the D day began at M.A.Chidambaram cricket stadium, Chennai In a nerve racking final played between two well deserved teams, it was the Kolkatta Knight Riders who kept their nerves won the match in style by scoring 193 for five wickets. When the Indian Premiere League 5 final match began, M.S.Dhoni, the captain of the Chennai Super Kings won the toss and elected to bat. Both the openers Mike Hussey and Vijay played steadily and made a century partnership to lay down a solid platform. Then Suresh Raina played a whirlwind knock of 73 in 38 deliveries and in the end Chennai Super Kings set an imposing target of 190 for 3. Narain, the acclaimed bowler of Kolkatta Knight Riders had to concede as many as 49 runs in his allotted four overs. It was a nice batting pitch and it offered no assistance to any bowler. Thanks to the pitch curators who provided a fine pitch for the superb final. Though the skipper of Kolkatta Knight Riders Gautam Ghambhir began solidly, very soon he was out. Then it was Jack Kallis who laid a solid foundation with his steady innings of 62 along with the dark horse Manvinder Bisla who scored 89 in 48 deliveries for the second wicket partnership. Though Chennai Super Kings then managed to capture three quick wickets, it was Manoj Tiwari who had to score 9 runs in the last 6 balls; Darren Bravo was the bowler for the Chennai Super Kings. Despite his tight bowling, Manoj Tiwari scored two boundaries in the last over scoring 192 for five wickets. It was a spectacular win for Kolkatta Knight Riders and they became the champion of the fifth edition of Indian Premiere League. Despite playing their last couple of matches superbly and defeating every team on their way to final, in the end the Chennai Super Kings lost their final and of course, the two time Indian Premiere League champions failed to repeat their feet.

Sunday, May 27, 2012

Lok Pal demands probe against the Indian Prime Minister and fourteen members of his cabinet.

Lok Pal demands probe against the Indian Prime Minister and fourteen members of his cabinet. Since the upper house of the Indian Parliament (Rajya Sabha) has referred the Lok Pal bill to a select committee of the members of Rajya Sabha, there was a glimmer of hope that the bill would be scraped through in the just concluded summer session of the parliament. However, the bill was not passed and the parliament session concluded without passing the bill. Meanwhile, the Indian Prime Minister including the foreign minister has just gone to Myanmar for an official tour. Since the fate of the bill is hanging in the balance, the leaders of the Lok Pal movement have come up with a charge against the Prime Minister and fourteen of his colleagues and demanded investigation against them through an SIT headed by retired judges. Though Anna Hazare, the leader of the Lok Pal movement is on a tour of Maharashtra, as guided by him, his colleagues have unleashed a charge against the Prime Minister and fourteen other members of his cabinet on the basis of the concrete evidence provided by the CAG report.While the CAG report charges the Prime Minister with corruption on coal import,besides leveling separate charges against his fourteen cabinet colleagues P.Chidambaram, Kabil Sibal,Pranab Mukerji,Sharad Pawar, Farook Abdullah,Azhagiri and others. The Lok Pal leaders also suggested that apart from investigating the PM and his cabinet colleagues through SIT, the cases against them may also be tried in Fast track courts instead of CBI special courts. Since the bulk of the Indian cabinet members including the Prime Minister and 14 others involved in corruption charges, certainly the chances of enacting the anti corruption ombudsman bill into law is remote.However, the Lok Pal leaders are not willing to leave the Lok Pal bill issue just fizzle out.They are even ready to undergo fast unto death under their leader Anna Hazare till the comprehensive bill gets enacted into Lok Pal law. The untiring efforts of the Lok Pal leaders are commendable and certainly they will draw a golden leaf in the annals of their movement by getting the Lok Pal law enacted in the near future.

My Speech at My Friend’s Wedding.

My Speech at My Friend’s Wedding.
My dear friends, respectable elders, Today, my friend has put me in an embarrassing situation of delivering a speech in his wedding. It is a rude shock to me. I am not used to public speaking. Anyhow I cannot ignore my friend’s legitimate wish. Though we are friends and of the same age, I got married 7 years ago and now I have a son.Being the only son of my parents forced me to get married at a very young age of 20, that was well below the marriage age stipulated by our government. But you had to respond to the challenges of your family by arranging the marriage of your three sisters. I know that you are an epitome of patience. I have no doubt that your marital life will be so smooth and you will be the happiest man in this world. In our school and college days, you had always been jealous at me, just because I was the only son to my parents; I was a free bird and I had no responsibilities in my life just because I had no brothers and sisters; Dear friend I want to say something to you openly; just because I had no any sister or brother at my home, I had been a monopoly at home; enjoyed all alone; I had no competitors. Hence, when I got married, I could not adjust myself with my wife; I could not brook even the slightest way of criticism; you are aware of all these things; just because of my adamant attitude, I had often quarreled with my wife and almost reached the point of no return, I mean I was about to divorce my wife within two years from the date of my marriage; but for your timely intervention and advice, I would have been a divorce by this time. You are such a nice friend and you are not in need of any advice in your life. But I too have something for you by way of advice. As you used to say, for heaven’s sake don’t stop with just one child; have more children, at least two; If you stop with only one child , he will become yet another adamant fellow just like me. Do you know that throughout my life I know only about friendship but I never know what is brotherhood or sisterhood; that is why I could not adjust with my wife and I had all sorts of troubles in my life. That’s all, my friend. I am sorry that I had spoiled this joyous occasion of your marriage and your happy mood. But I felt that it was my duty to express my sincere thanks to you and I would not have had a better chance than this. My best wishes for your happy married life! All the best!