Monday, October 5, 2009

TRUTH OF HUMAN RIGHTS IN INDIA

Recently I was in debate with a friend that in India we are even devoid of our Basic Human Rights. However after the discussion we found we are wrong. All the citizens of India , including people grieved by the 498A /DV etc. enjoy all the 30 basic Human Rights as per the Guidelines
of UNO.

Oh ! there are minor modifications though , as given below.



Human Right 1. We are all free and equal. We are all born free. We all have our
own thoughts and ideas. We should all be treated in the same way.
Indian Modification:
You are free to think whatever you want. But the government and the
judiciary are also free to treat you the way they want. We are all equal, equal
to animals.



Human Right 2. Don't discriminate. These rights belong to everybody, whatever
our differences.
Indian Modification:
The govt. and courts are not discriminating. They are treating you in
the same way they treat hardcore criminals and terrorists-GUILTY, TILL YOU BRIBE


Human Right 3. The right to life. We all have the right to life, and to live in
freedom and safety.
Indian Modification:
Of course you have got the right to life. What if the life is a hell for
you?



Human Right 4. Slavery â€" past and present. Nobody has any right to make us a
slave. We cannot make anyone our slave.
Indian Modification:
Who says we are treated like slaves? Even slaves get better treatment.


Human Right 5. Torture. Nobody has any right to hurt us or to torture us.
Indian Modification:
In India torture is defined as when someone dies in police
custody.Nothing prior to that is cruelty.



Human Right 6. We all have the same right to use the law. I am a person just
like you!
Indian Modification:
Of course you can use law. But LAW is an extinct species in India?



Human Right 7. We are all protected by the law. The law is the same for
everyone. It must treat us all fairly.
Indian Modification:
Law protects us all. While wives get protection in your houses, you get
the same in jail.



Human Right 8. Fair treatment by fair courts. We can all ask for the law to
help us when we are not treated fairly.
Indian Modification:
You are treated fairly. Ask the courts. Whether you are treated fairly
or not is to be decided by the courts. Whether courts are fair or not is also to
be decided by courts.Courts have already granted you so many reliefs by
forgiving your life.



Human Right 9. Unfair detainment. Nobody has the right to put us in prison
without a good reason and keep us there, or to send us away from our country.
Indian Modification:
Courts are not sending you in prison without good reason. Don’t you
think a matter of several lacs of rupees a reason good enough for sending you to
prison?



Human Right 10. The right to trial. If we are put on trial this should be in
public. The people who try us should not let anyone tell them what to do..
Indian Modification:Still want more trial?



Human Right 11. Innocent until proven guilty. Nobody should be blamed for doing
something until it is proven. When people say we did a bad thing we have the
right to show it is not true.
Indian Modification:
Implemented in India in slightly different way. You are innocent till
you marry.




Human Right 12. The right to privacy. Nobody should try to harm our good name.
Nobody has the right to come into our home, open our letters or bother us or our
family without a good reason.
Indian Modification:
In this age of transparency and right to information implemented on the
bureaucracy , how can you cattle citizens expect right to privacy.


Human Right 13. Freedom to move. We all have the right to go where we want in
our own country and to travel as we wish.
Indian Modification:
Yes. That’s why courts want you to travel from one state to another
defending your cases


Human Right 14. The right to asylum. If we are frightened of being badly treated
in our own country, we all have the right to run away to another country to be
safe.
Indian Modification:
Indeed the govt want you all to leave the country and settle abroad by
hook or crook. That’s why they treat you badly. Another reason for flourishing
"kabbootarbazi " business.


Human Right 15. The right to a nationality. We all have the right to belong to a
country.
Indian Modification:
You have right to call yourself an Indian. So you deserve all the bad
treatment as an Indian.


Human Right 16. Marriage and family. Every grown-up has the right to marry and
have a family if they want to. Men and women have the same rights when they are
married, and when they are separated.
Indian Modification:
STRICT Advice: Either don’t marry or don’t get separated after
marriage.


Human Right 17. Your own things. Everyone has the right to own things or share
them. Nobody should take our things from us without a good reason.
Indian Modification:
Of course you have a right to own things. But in India its your duty to
share them also including your hard-earned money, property and even wife with
police and judges.


Human Right 18. Freedom of thought. We all have the right to believe in what we
want to believe, to have a religion, or to change it if we want.
Indian Modification:
You also have a right to change your sex from male to female. Should
all men do that? Perhaps feminists want this.


Human Right 19. Free to say what you want. We all have the right to make up our
own minds, to think what we like, to say what we think, and to share our ideas
with other people.
Indian Modification:
Of course you are free to say or think what you want. So are the police
and judges, however absurd it may be.


Human Right 20. Meet where you like. We all have the right to meet our friends
and to work together in peace to defend our rights. Nobody can make us join a
group if we don't want to.
Indian Modification:
Of course you have a right to defend your rights, but do you have any
rights at all to defend?


Human Right 21. The right to democracy. We all have the right to take part in
the government of our country. Every grown-up should be allowed to choose their
own leaders.
Indian Modification:
Democracy is a govt. of the people, by the people, for the people.
Indian govt. is of the pimps, by the police, for the prostitutes.


Human Right 22. The right to social security. We all have the right to
affordable housing, medicine, education, and child care, enough money to live on
and medical help if we are ill or old.
Indian Modification:
You have all these rights if you are not a man.


Human Right 23. Workers' rights. Every grown-up has the right to do a job, to a
fair wage for their work, and to join a trade union.
Indian Modification:
You have got this right. The only condition is that 90% of what you earn
should go to your bitter half, lawyers, police and judges.


Human Right 24. The right to play. We all have the right to rest from work and
to relax.
Indian Modification:
But with all the court cases where is the time to work or relax?


Human Right 25. A bed and some food. We all have the right to a good life.
Mothers and children, people who are old, unemployed or disabled, and all people
have the right to be cared for.
Indian Modification:
You have right to a bed. But don’t think about bedmate.


Human Right 26. The right to education. Education is a right. Primary school
should be free. We should learn about the United Nations and how to get on with
others. Our parents can choose what we learn.
Indian Modification:
Better not to get education. First you get educated, then you get a good
job, then you marry and then…


Human Right 27. Culture and copyright. Copyright is a special law that protects
one's own artistic creations and writings; others cannot make copies without
permission. We all have the right to our own way of life and to enjoy the good
things that "art," science and learning bring.
Indian Modification:
In Indian culture, everything from needle to aeroplane, from copyright
act to the entire constitution are copied from other countries. Copying a copy
is no offence


Human Right 28. A free and fair world. There must be proper order so we can all
enjoy rights and freedoms in our own country and all over the world.
Indian Modification:
You can enjoy your rights, but where are the rights?


Human Right 29. Our responsibilities. We have a duty to other people, and we
should protect their rights and freedoms.
Indian Modification:
Other people mean your vicious wife.


Human Right 30. Nobody can take away these rights and freedoms from us.

Indian Modification:
How can anybody take away something from you that you don’t have?


And why should we feel ashamed? When the judges are not ashamed even when they
are caught taking cash, when parents are not ashamed of living on their
daughters’ income, when the police are not ashamed of helping the criminals,
why should you? Shame is not in our culture.

MINI MAHABHARAT IN COURT

A mini-Mahabharat is brewing between two communities which are part and parcel of judicial system -- judges and lawyers.

http://timesofindia.indiatimes.com/news/city/bangalore/Judicial-officers-back-CJ-Dinakaran/articleshow/5078948.cms

Excerpts from the news with comments as Comments:

Expressing solidarity with Chief Justice P D Dinakaran, the Karnataka State Judicial Officers Association has termed the recent reports against him an onslaught on the independence of judiciary.

Comments: Hmmm... Karnataka judicial association is taking the same stand as CJI and coterie... say anything which casts an aspersion on judiciary and out comes the mantra of "independence of judiciary". Maybe judges need to wake up and realize that when 15 lakhs of cash bundle is delivered to a HC judge's doorstep, or large amount of land assets in Noida are transferred at dirt cheap rate to a HC judge, when large amounts of lands are found to be as assets of another HC judge; then the issue is not about 'independence of judiciary', but saving citizenry from such 'independent judiciary', which it seems is accountable to no one but its own coterie.


They said media reports on 50 to 60 per cent of judges being corrupt are baseless. "The reports also claimed that delay in disposal of cases is only on account of laxity of the judiciary. Such statements are highly derogatory and members of the association deprecate the same. The judiciary's image is tarnished on account of this," they noted.

Comments: A correction here... judiciary does not have an image anymore. Please conduct a survey of citizens, the to find out what they think of judiciary.


"False allegations are being made against judges at all levels without any basis and the courts are often boycotted. The functioning of the judiciary was interfered with only on the basis of reports appearing in the press without verifying the truth..."

Comments: Now one thing is clear... either the lawyers are complete morons, or have taken this opportunity to take some heat off from their own irresponsible behaviour every now and then. Who of the two is wearing the spotless clothes is difficult to say, so it is easy to figure that both of the two groups have something to hide and are engaging in this 'blame the other group' game to hide their own blemishes.

Saturday, October 3, 2009

DOMESTIC VIOLENCE AWARENESS MONTH

Domestic Violence- Truth and Reality

October is "Domestic Violence Awareness Month". India is observing “Domestic Violence Awareness Month" for the first time this year to make it an International event for all men’s rights and fathers’ rights groups across the world.

Four organizations in Hyderabad viz. Save Indian Family Foundation, All India Forgotten Women, Rishtey and Children’s Rights Initiative for Shared Parenting, are launching this campaign on 2 October because it is the International Day of Non-Violence, an occasion meant for disseminating the message of non-violence through education and public awareness.

Beginning today, our month-long campaign will focus on educating the Indian public about how the problem of domestic violence has, for decades, been misrepresented, how domestic violence has been commercialized, and how Indian laws claiming to prevent domestic violence are actually promoting domestic violence and human rights abuses against men, women and children. We will also urge lawmakers and the Government to make appropriate reforms in laws and policies and make gender neutral provisions to end domestic violence against men, women and children.

The truth about domestic violenceUnbiased research on domestic violence the world over shows that:
1) Domestic Violence is not a gender issue.
2) Men and children are victims too.
3) Women are just as likely as men to commit domestic violence.
4) Women initiate domestic violence just as frequently as men do.
5) Men and children are less likely to report the incident when they are abused by their wives/girlfriends and mothers respectively.
6) Women’s organizations spread myths about domestic violence (e.g. Men are always the aggressors and women are always the victims).
7) Media coverage is often biased (e.g. A young married woman committing suicide is automatically reported as dowry death, and a young married man committing suicide is attributed to financial/family problems or mysterious reasons).
8) Politicians and bureaucrats find no incentive in addressing domestic violence by women against men, children and fellow women.

Indian laws against domestic violence

Indian laws against domestic violence are irrational and discriminatory, and blatantly violate provisions of the Indian Constitution and the Universal Declaration of Human Rights.• The Universal Declaration of Human Rights proclaims that “everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law.”But Indian laws against domestic violence presume that the accused is guilty until proven innocent and violate universal principles of fair trial.
• Article 21 of the Indian Constitution states that "no person shall be deprived of his life or personal liberty except according to procedure established by law".But every year, over 1 lakh innocent persons (one innocent person every 5 minutes) are arrested under IPC Section 498A, including 4,000 innocent senior citizens (one innocent elderly person every 2.5 hours) and 350 children (one child per day) without evidence or investigation.
• The Universal Declaration of Human rights states that “all are equal before the law, and are entitled without any discrimination to equal protection of the law". Article 14 of the Indian Constitution declares that “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”But Indian laws against domestic violence blatantly deny protection to men against any form of domestic abuse, and every year, over 56,000 married men commit suicide due to verbal, emotional, economic and physical abuse and legal harassment.
• Indian laws against domestic violence are touted as tools for women's protection and empowerment.But in the last four years alone, over 1,23,497 women have been arrested under IPC Section 498A alone, without evidence or investigation, not for committing any crime under law, but only because they were related to a man.

The Domestic Violence IndustryIn India, domestic violence against wives is addressed by close to 15 laws (civil and criminal) including the infamous IPC Section 498A and Protection of Women Against Domestic Violence Act (PWDVA). However, there are no laws to protect husbands, children and other family members of the husband from domestic violence by wives. The credit goes to the Domestic Violence Industry and its stakeholders (women’s organizations, law enforcement machinery, legal fraternity, politicians and bureaucrats) whose survival depends on inciting and fueling a gender war, spreading myths and false statistics about domestic violence, encouraging false allegations, breaking families, and siphoning funds in the name of women’s empowerment from National and International funding agencies.If the problem of domestic violence is solved, would not the booming Domestic Violence Industry, which is immune to all vagaries of the economy, suddenly go bankrupt? It is no wonder that as more and more draconian and inhuman laws are passed under the guise of protection of women, we keep hearing that domestic violence against women is increasing, instead of decreasing.
Consequently, Indian taxpayers have spent lakhs to implement draconian laws and policies in the country. And the verdict is clear – these laws and policies: Trample on Constitutional Protections and Human Rights. Hurt men, women and children. Divert limited funds away from the real victims.
Domestic Violence Awareness Month activitiesSave Indian Family Foundation, All India Forgotten Women, Rishtey and Children’s Rights Initiative for Shared Parenting are organizing a campaign in Hyderabad (1) to spread awareness on “The Truth About Domestic Violence and Indian Domestic Violence Laws”, and (2) to urge lawmakers and the Government to reform the present discriminatory laws, and make gender-neutral provisions for the benefit of men, women, children, families and the society.

Our month-long campaign in Hyderabad includes the following activities:
October 2 - Press Conference to mark the beginning of Domestic Violence Awareness Month.
October 11 - Launch of All India Men’s Welfare Association (AIMWA) for protection of men and boys against gender discrimination, domestic violence, sexual harassment and other forms of abuse.
October 18 - Cultural program to spread awareness regarding the truth about domestic violence, and launch of Andhra Pradesh Mothers-in-law Protection Association (APMPA) for protection of mothers-in-law against discrimination, domestic violence, legal harassment and other forms of abuse.
October 25 – National Rally in Bangalore marking the third anniversary of the inhuman, ill-conceived Protection of Women Against Domestic Violence Act (PWDVA) as BLACK DAY.We will also be doing a massive flier campaign across the city throughout the month.Similar activities will be conducted in other cities across the country like Bangalore, Lucknow, Chattisgarh, Nagpur and Delhi.We request members of the print and electronic media to attend our events in large numbers and take part in the Domestic Violence Awareness campaign by providing extensive coverage for our events.

TOP 10 REASON FOR BEING A SLUGGISH JUDICIARY

In fact , it is a deliberate approach of the courts in India to delay the proceedings in all matter. The reasons can be well understood :
1. Delay the process to such an extent that people stop expecting justice from courts & settle issues amicably.

2. Issued settled amicably are best ways of settlement , no one will feel aggrieved.

3. HE HE HE Less work for the judges (for same remunerations)

4. Who is there to question us(judges)? Politicians (law makers) need judiciary's and judiciary needs politicians' support.(Andar ki baat !!)

5. We do not want to trouble our heads for others' disputes.

6. Oops I do not know how to decide the matter. I need to re-open the book.

7. Yawn !!! I have forgotten what happened before the vacations .( I am dreaming ---SWITZERLAND in cozy arms of my wife)

8. Let them wait !!

9. Ok Senior vakil sahib ! As you say , lets keep it for next year.

10. Dont eat my head. If you are aggrieved , go and file appeal .(as it is the matter is off my head,you go n screw my senior judge now).

WORLD'S MOST LETHARGIC JUDICIARY

Justice Dispensation is a mirage in India. Nowhere in the world so many casesare kept pending for years together and this by itself is gross Human RightsViolation.The advocates do not consider ADVOCACY to be a Profession but a Business.Delay and dysfunction breeds their business. Never the advocates protested for speedy Justice or streamlining of procedures though they go on indefinite strikes at the drop of the Hat.The lower rung of Judges though underpaid never raise their little finger against inadequate infrastructure and morbid and pathetic working condition and enjoys corruption and power.The politicians are the cleverest of the lot. They use the Judiciary as scapegoat for their misdeeds. They leverage the Judiciary and police against their opponents in power games. They would love to have a dysfunctionalJudiciary!!. The allocation for Judiciary is parltry 0.07 percent in the budget.Tribunalisation is the order of the day to get Justice. Industry, Businessmenand Govt Revenue and land acquisition department take this short circuit to gettheir relief fast.Media is insensitive to the needs of people and slipper throwing at Judges aloneare news! They are afraid of Contempt of Court and kep quiet about theatrocities committed by Judiciary.The ground reality is only those middle class people approach the courts only toterrorize their opponents by delay and use of 'pending matter"If someone files a n election petition challenging the election of P Chidambaram the courts will give decision after 5 years!!Poor people get justice at Kangaroo Courts, Rich get their Justice throTribunals.The worst affected is only the Matrimonial Litigants. We should seektibunalisation of Matrimonial Justice!! All Family courts should be convertedinto Family Tribunals and every state shall have a state Appellate Tribunal.

SHEER VIOLATION OF HUMAN RIGHTS.