To prevent getting fooled by any lawyer ... whether recommended by SIF ... whether lawyer found in SIF meeting ...... or any lawyer appointed otherwise. I would recommend all those members who can spend money to please at least purchase the following law books
Protection of Women from Domestic Violenc Act (Bare Act)
Dowry Prohibition Act (Bare Act)
Dowry Prohibition Act with Delhi State Amendments (Bare Act)
Right To Information Act (Bare Act)
Code of Criminal Procedure (Cr.P.C. Bare Act)
Indian Penal Code (I.P.C. Bare Act)
Civil Procedure Code (C.P.C. Bare Act)
Marriage Act of your religion ie Hindu Marriage Act (Buy Commentary)
The purchase of all these books will be hardly between Rs.2,000/- to Rs.3,000/- and you may read them in your spare time or leisure. All those who can afford, must buy them.
Remember people get misled, fooled or misguided only when they are not aware of even the basic law. Remember the famous maxim that is KNOWLEDGE IS POWER
Also the more law books that members read will give them and collectively the group more knowledge in combatting this legal terrorism
Alternately all these acts are also available on the websites like :
http://www.indiankanoon.org/
http://www.vakilno1.com/
Blogs
http://community.webshots.com/user/call2umesh
http://www.savefamily.org/
http://www.mynation.net/
http://biasedlaws.blogspot.com/
http://corruptjudiciary.blogspot.com/
http://scslaves.blogspot.com/
http://498aprotest.blogspot.com/
http://sluggishjudiciary.blogspot.com/
http://dvaware.blogspot.com/
Mr.Rebates
Sunday, January 24, 2010
Corruption and Culture – Part 2
Saberi Roy - 3/3/2008
The term culture as we understand would refer to our social and moral systems, as well as all forms of human activity that are carried through generations comprising the gamut of human beliefs, values, arts, religions, languages and behavior. Culture is the product of civilization, a way of life and establishes traditions for societies. Corruption is counter to culture and erodes cultural integrity and moral systems of societies and thus has a deep and long lasting impact on the continuous evolution of human society. The different facets of culture are reflected through arts, knowledge systems, music, entertainment, religions and rituals.
The corruption of different modern cultural manifestations would be the malpractices that have entered educational systems, corruption in entertainment and mass media, as also in business and environment.
Education, Ethics and Corruption: Education is the basis of a morally stable society as students go on to become teachers and public officials. Morals and ethics can percolate only through proper education and thus education remains the strongest tool to prevent corruption. Education spreads awareness against corruption and thus helps in strengthening the moral or ethical values of society. Raising general levels of awareness in the population is essential as this establishes citizens’ demands for accountability, and education creates a culture of accountability by emphasizing ethical practice and by creating the need for such practice. Thus there are two basic ways by which education helps – by developing responsible citizens through education and promoting values and ethics within the educational system and by developing a sense of awareness in people so there is a greater demand of accountability and transparency. Ethics is thus created by and within the educational system. Transparency International (TI) has focused on the anti-corruption education as also the corruption within the educational system. Within the education system, corruption ranges from exorbitant illegitimate fees and bribes and donations that deprive the less economically privileged and also leads to poor quality education. Corruption in education happens in many countries in large and small ways from accepting bribes and employing poorly qualified tutors to obtaining government funds in a fraudulent manner. Schools charge illegal fees or extra payments from certain communities, embezzlement of funds actually intended for teaching purposes and using school property and funds for private purposes are some of the common corrupt educational practices in developing nations. According to TI’s Global Corruption Barometer 2007, the educational sector is considered as one of the most corrupt after the police, judiciary and permit services. As knowledge and ethics begins at school, it is necessary to realize that educational structures are the pillars of society and culture and have to be monitored by an international organization for complete accountability and acceptable standards of practice.
Entertainment, Mass media and Corruption: Mass media and entertainment are not too far away from corrupt practices either. Corruption is especially conspicuous in the media during political campaigning and elections. Bias in the media in its extreme form amounts to corruption as it unjustly tries to sway voters by manipulating ratings and project a fabricated image of political parties rather than the reality. All media propaganda not based on accurate information suggests that the media tend to take advantage of the public impressionability and manipulate the public for personal gain of politicians. Instead of acting as a watchdog media sometimes participate in an entirely corrupt system. In recent years media corruption in the Philippines, especially during elections and even now, remains a hot topic and watchdogs have accused that journalistic integrity in the Philippines has been compromised and free press has been bought. Manipulation of the media and reports going out to the media is a standard practice in many countries including the Soviet Union and the US. This sort of manipulation is completely contrary to any democratic culture which is based on the principles of accountability and transparency. Entertainment in the form of books, films, music is also subject to corruption. In the US the FBI has investigated several cases of labor racketeering and bribery in the film industry and similar corruption is extremely common in the film and music industries abroad and in countries of South Asia, film industries like the Bollywood have always had close links with the mafia, terrorists and anti-socials and that’s an accepted fact in such countries. Media’s role is ultimately to support democracy and control corruption instead of being a part of it and the film and music industry directors, no matter how desperate they get, should not depend on criminals to finance them. Establishing a close link between the media and entertainment industry for purposes of accountability in journalism as also in entertainment would be necessary to stop malpractice. All film and media companies should have completely accessible information on their financiers, sponsors and supporters - political, business or otherwise and clearly indicate what their preferences or positions are and how or by whom they are supported and financed. This information should be made mandatory and should be easily accessible to the public to promote greater understanding of a media or entertainment company’s ideology, philosophy and practice.
Business, Environment and Corruption: Corporate social responsibility and focus on environmental issues is a major part of corporate governance. Good corporate governance prevents and checks all forms of corruption in the public and private companies. Large businesses have to be based on transparency since they have to remain accountable to stakeholders and customers. Along with transparency and management comes the need for corporate social responsibility which ranges from following labor laws and human rights issues to protecting the environment and contributing to the social and economic development of the regions. TI has provided an example on how hundreds of people were killed and injured when a fireworks factory burst into flames in Netherlands due to grave security breaches by government regulators and officials. Another example of environmental hazard is the logging of Borneo woods and destruction of habitats of rainforest nomads that have led to widespread deforestation adversely affecting the world’s climate. Several research studies have been conducted on the consequences of environmental exposure to factory waste dumps. From evidence of high levels of carcinogens in the river water in Greece to severe asbestos waste dumping in Canada and Brazil, the entire culture of waste dumping and disposal by companies have remained largely unaccounted for. The empty talk of corporate social responsibility will never hold any value until there is complete accountability of business transactions with regard to waste disposal and attainment or use of environmental resources. As can be seen from TI’s example, this sort of corruption at the corporate level and the link between big businesses and governments in actually creating environmental hazards is widespread and there is comparatively very little accountability. Unless there is some form of connection drawn between environmental hazards, corporate social responsibility and the widespread corrupt practices and misuse of natural resources, all attempts or hopes of preventing global warming or protection of the environment will simply remain unsubstantial.
Cultural change is a necessity at times but corruption directs these changes towards negative directions and all cultural products of society from corporate environments to the media, film industry and education are caused by and in turn cause corruption. To understand the true value of life and culture, we also need to understand the deeper and long lasting consequences of corruption that have permeated all aspects of modern society.
The term culture as we understand would refer to our social and moral systems, as well as all forms of human activity that are carried through generations comprising the gamut of human beliefs, values, arts, religions, languages and behavior. Culture is the product of civilization, a way of life and establishes traditions for societies. Corruption is counter to culture and erodes cultural integrity and moral systems of societies and thus has a deep and long lasting impact on the continuous evolution of human society. The different facets of culture are reflected through arts, knowledge systems, music, entertainment, religions and rituals.
The corruption of different modern cultural manifestations would be the malpractices that have entered educational systems, corruption in entertainment and mass media, as also in business and environment.
Education, Ethics and Corruption: Education is the basis of a morally stable society as students go on to become teachers and public officials. Morals and ethics can percolate only through proper education and thus education remains the strongest tool to prevent corruption. Education spreads awareness against corruption and thus helps in strengthening the moral or ethical values of society. Raising general levels of awareness in the population is essential as this establishes citizens’ demands for accountability, and education creates a culture of accountability by emphasizing ethical practice and by creating the need for such practice. Thus there are two basic ways by which education helps – by developing responsible citizens through education and promoting values and ethics within the educational system and by developing a sense of awareness in people so there is a greater demand of accountability and transparency. Ethics is thus created by and within the educational system. Transparency International (TI) has focused on the anti-corruption education as also the corruption within the educational system. Within the education system, corruption ranges from exorbitant illegitimate fees and bribes and donations that deprive the less economically privileged and also leads to poor quality education. Corruption in education happens in many countries in large and small ways from accepting bribes and employing poorly qualified tutors to obtaining government funds in a fraudulent manner. Schools charge illegal fees or extra payments from certain communities, embezzlement of funds actually intended for teaching purposes and using school property and funds for private purposes are some of the common corrupt educational practices in developing nations. According to TI’s Global Corruption Barometer 2007, the educational sector is considered as one of the most corrupt after the police, judiciary and permit services. As knowledge and ethics begins at school, it is necessary to realize that educational structures are the pillars of society and culture and have to be monitored by an international organization for complete accountability and acceptable standards of practice.
Entertainment, Mass media and Corruption: Mass media and entertainment are not too far away from corrupt practices either. Corruption is especially conspicuous in the media during political campaigning and elections. Bias in the media in its extreme form amounts to corruption as it unjustly tries to sway voters by manipulating ratings and project a fabricated image of political parties rather than the reality. All media propaganda not based on accurate information suggests that the media tend to take advantage of the public impressionability and manipulate the public for personal gain of politicians. Instead of acting as a watchdog media sometimes participate in an entirely corrupt system. In recent years media corruption in the Philippines, especially during elections and even now, remains a hot topic and watchdogs have accused that journalistic integrity in the Philippines has been compromised and free press has been bought. Manipulation of the media and reports going out to the media is a standard practice in many countries including the Soviet Union and the US. This sort of manipulation is completely contrary to any democratic culture which is based on the principles of accountability and transparency. Entertainment in the form of books, films, music is also subject to corruption. In the US the FBI has investigated several cases of labor racketeering and bribery in the film industry and similar corruption is extremely common in the film and music industries abroad and in countries of South Asia, film industries like the Bollywood have always had close links with the mafia, terrorists and anti-socials and that’s an accepted fact in such countries. Media’s role is ultimately to support democracy and control corruption instead of being a part of it and the film and music industry directors, no matter how desperate they get, should not depend on criminals to finance them. Establishing a close link between the media and entertainment industry for purposes of accountability in journalism as also in entertainment would be necessary to stop malpractice. All film and media companies should have completely accessible information on their financiers, sponsors and supporters - political, business or otherwise and clearly indicate what their preferences or positions are and how or by whom they are supported and financed. This information should be made mandatory and should be easily accessible to the public to promote greater understanding of a media or entertainment company’s ideology, philosophy and practice.
Business, Environment and Corruption: Corporate social responsibility and focus on environmental issues is a major part of corporate governance. Good corporate governance prevents and checks all forms of corruption in the public and private companies. Large businesses have to be based on transparency since they have to remain accountable to stakeholders and customers. Along with transparency and management comes the need for corporate social responsibility which ranges from following labor laws and human rights issues to protecting the environment and contributing to the social and economic development of the regions. TI has provided an example on how hundreds of people were killed and injured when a fireworks factory burst into flames in Netherlands due to grave security breaches by government regulators and officials. Another example of environmental hazard is the logging of Borneo woods and destruction of habitats of rainforest nomads that have led to widespread deforestation adversely affecting the world’s climate. Several research studies have been conducted on the consequences of environmental exposure to factory waste dumps. From evidence of high levels of carcinogens in the river water in Greece to severe asbestos waste dumping in Canada and Brazil, the entire culture of waste dumping and disposal by companies have remained largely unaccounted for. The empty talk of corporate social responsibility will never hold any value until there is complete accountability of business transactions with regard to waste disposal and attainment or use of environmental resources. As can be seen from TI’s example, this sort of corruption at the corporate level and the link between big businesses and governments in actually creating environmental hazards is widespread and there is comparatively very little accountability. Unless there is some form of connection drawn between environmental hazards, corporate social responsibility and the widespread corrupt practices and misuse of natural resources, all attempts or hopes of preventing global warming or protection of the environment will simply remain unsubstantial.
Cultural change is a necessity at times but corruption directs these changes towards negative directions and all cultural products of society from corporate environments to the media, film industry and education are caused by and in turn cause corruption. To understand the true value of life and culture, we also need to understand the deeper and long lasting consequences of corruption that have permeated all aspects of modern society.
Corruption and Culture - Part I
Saberi Roy -
2/26/2008
Corruption is not just the abuse of power for personal gain but also personal gain at the expense of others so it has moral, ethical, social, economic, political and broader geographical impact. Although some form of corruption has always existed in human society, the practice or culture of corruption has taken up gigantic forms since the 20th century. From politics to the corporate world, from entertainment to education corruption is a disease and a vice of organizational systems. Almost like cancer, corruption begins slowly and gradually permeates to affect the whole of society. Most people in the world tend to believe that the political systems are corrupt and may as well be the root of all corruption. According to the Transparency International’s (TI) Global Corruption Barometer 2007, the poor are the most affected by corruption, bribery is a common problem in South Asia and Eastern Europe and seems to have increased in recent times, and bribery is particular common in judiciary, police and registry services. The politicians, police and judiciary are considered as the most corrupt and most people believe that government attempts to fight corruption have been ineffective. The global approach to corruption can be tackled in three ways –
1. Political corruption and its links with poverty and poor regional development in countries of Africa and other developing nations
2. Economic corruption and its links with globalization, mass media and privatization in the developed world and also in some emerging economies
3. Judicial corruption and its links with technology, terrorism and transparency as an approach to understanding crime and illegal activities in Asia, Latin America, Africa and many developing nations.
Politics, Poverty and Corruption: In politics or administrative roles corruption is the abuse of power and corrupt individuals act directly against public interest so the perception of politicians as corrupt is justified considering that politicians are the most public faces of society and yet their political activities are the least transparent. This gap between public life and private wealth has in some cases simply highlighted the flaws in the political system and for that matter even the legal system so politicians could easily get around legal problems and still have their accumulated wealth intact in some foreign bank. The Indonesian president Suharto had allegedly accumulated billions in foreign banks and so had Philippines president Marcos. Corruption is rampant in Africa as well and Swiss banks have estimated nearly 400 billion dollars held by heads of African states. Considering the challenges that Africa face to provide basic needs to its people, this severe corruption seems to be the foremost problem in Africa. Yet there seems to be very little that is done about it. Africa’s economic growth seems to have been relatively steady in the last few years with major growth of foreign direct investment, although there has been a limited effect on poverty reduction. Yet when media or analysts talk of starvation and poverty problems in Africa, the rampant corruption is not shown as an associated problem, corruption is only tackled separately. What we really have to do is highlight the link between corruption and poverty in Africa and develop strict monitoring of African governance, possibly through the UN or any other international organization. Although political corruption is found in many parts of the world, the adverse effect is the strongest in Africa because of the sheer magnitude of political corruption as placed alongside the widespread poverty, starvation and lack of basic needs of the people in the region.
Economy, Globalization and Corruption: If the problem of political corruption is the root of slow development of African regions, liberalization seems to have hit the global economy in good and bad ways and would be the cause of widespread corporate corruption across the developed world. Public contracting and implementation of public policies are meant to produce goods and services for the benefit of citizens. In most countries, such contracts between the government and the public companies can be fertile grounds of corruption and can lead to not just poor quality services for the public but also puts a strain on government resources. Although public contracting seems to be a regional problem in the developing and developed countries, it finally affects the wider economy. The large scale impact of contracting is through globalization which is actually the dominance of a few companies in all regions of the world. Globalization and the resulting spread of American companies throughout the world may be just beginning to show its real impact with wealth getting more and more concentrated in the hands of large global players rather than being distributed equally. Some however see globalization as an offshoot of democracy, free trade policy and neo-liberalism is something that was bound to happen, globalization seems to have brought the world closer improved communication and eliminated gaps between the developed and developing economies. But of course, like everything else there are two sides to this story and the control of the global economy by a few companies maybe not just widening the gap between the rich and the poor but also opening up newer routes of corruption. The multinational companies are bigger than governments and in many cases the governments seem to be acting as passive facilitators for these big businesses. One way this helps in the development of infrastructure in developing regions and on the other hand, increases widespread corrupt practices. The lure of privatization is hard to avoid yet with private companies commanding power through money, money laundering and corrupt stock market practices are easily associated with globalization and government approved trading. The IMF and World Trade Organization seem to be not doing enough to stop the corrupt practices of multinational companies and financial institutions as these practices are easily shown as aspects of legitimate businesses. There’s always a back door and an escape route and with information technology and communication systems having changed trade and businesses, it is easy to swiftly vanish illegal money through electronic transactions. Monitoring world businesses and trading patterns is absolutely necessary to establish fair play in a more advantageous form of globalization. The link between economy, globalization and corruption seems to be the major vice of the developed nations and any slowdown of economy would demand a scrutiny of business and trading practices, although like political corruption and poverty, the association between corruption, globalization and a weak economy is always overlooked.
Judiciary, Technology and Corruption: With political corruption widespread in Africa and developing nations and economic corruption found across the developed world, the judiciary and law enforcement agencies are seen as becoming increasingly corrupt in Asian regions and other developing nations. In a global era of terrorism, it is important to understand the adverse impact of a corrupt judicial system that is unable to tackle crime effectively. Judicial corruption in the form of bribery or illegal practices and ‘getting around the law’ undermines the basic tenets of democracy and facilitates malpractice across different sectors of governance and society. What should be highlighted here is the need to promote greater judicial transparency and accountability. Increasing public knowledge about the judicial system in terms of its practices and disciplinary processes and computerization of the judicial systems with an open and accessible working environment are necessary. Computerized case tracking and public access to judicial information through published cases and stored databases help increase the accountability of judicial process and legal systems, decisions and practices. According to Transparency International (TI), the recommendations for increasing judicial transparency are through annual reports and access to information, asset disclosures, fair legal commentary and judicial reform. All these measures seem to highlight the importance of using technology to make the judiciary more public and transparent. Technology remains as the main tool for enhancing the public face of the judiciary and even technology can be used to track crime, illegal deals and aid in making judicial decisions quickly. The judicial system is largely complex with too many laws and clauses and the simplification of the judicial system is only possible with the use of technology. Advanced case management systems could improve court administration and the general efficiency of the courts and although many of these reforms are being implemented and some are already in place in developed nations, this is not so in developing countries and in many regions the judiciary is not completely computerized and there is absolutely no transparency or public access to information. The problem of bribery is thus naturally phenomenal in the judicial systems of developing countries. The police and judiciary are most likely to demand bribes with bribery being a huge problem in Africa, Asia and Latin America (Source: TI). Countries which are torn by conflict or have terrorist bases such as Pakistan, Afganistan, Albania, Kosovo, Nigeria have very high levels of corruption in the judiciary. It goes without saying that a corrupt judicial system is not just harmful economically but also extremely dangerous in terms of security of developed and developing regions alike. In an increasingly connected world, flawed or corrupt legal system in one small nation can have a deep impact on the rest of the world. The International Court of Justice and such governing bodies as also the media should focus on the roots of judicial problems and focus on improving transparency through improved technology. The link between judicial corruption, terrorism and technology is not highlighted significantly and it is high time and we perceive these links as absolutely important.
2/26/2008
Corruption is not just the abuse of power for personal gain but also personal gain at the expense of others so it has moral, ethical, social, economic, political and broader geographical impact. Although some form of corruption has always existed in human society, the practice or culture of corruption has taken up gigantic forms since the 20th century. From politics to the corporate world, from entertainment to education corruption is a disease and a vice of organizational systems. Almost like cancer, corruption begins slowly and gradually permeates to affect the whole of society. Most people in the world tend to believe that the political systems are corrupt and may as well be the root of all corruption. According to the Transparency International’s (TI) Global Corruption Barometer 2007, the poor are the most affected by corruption, bribery is a common problem in South Asia and Eastern Europe and seems to have increased in recent times, and bribery is particular common in judiciary, police and registry services. The politicians, police and judiciary are considered as the most corrupt and most people believe that government attempts to fight corruption have been ineffective. The global approach to corruption can be tackled in three ways –
1. Political corruption and its links with poverty and poor regional development in countries of Africa and other developing nations
2. Economic corruption and its links with globalization, mass media and privatization in the developed world and also in some emerging economies
3. Judicial corruption and its links with technology, terrorism and transparency as an approach to understanding crime and illegal activities in Asia, Latin America, Africa and many developing nations.
Politics, Poverty and Corruption: In politics or administrative roles corruption is the abuse of power and corrupt individuals act directly against public interest so the perception of politicians as corrupt is justified considering that politicians are the most public faces of society and yet their political activities are the least transparent. This gap between public life and private wealth has in some cases simply highlighted the flaws in the political system and for that matter even the legal system so politicians could easily get around legal problems and still have their accumulated wealth intact in some foreign bank. The Indonesian president Suharto had allegedly accumulated billions in foreign banks and so had Philippines president Marcos. Corruption is rampant in Africa as well and Swiss banks have estimated nearly 400 billion dollars held by heads of African states. Considering the challenges that Africa face to provide basic needs to its people, this severe corruption seems to be the foremost problem in Africa. Yet there seems to be very little that is done about it. Africa’s economic growth seems to have been relatively steady in the last few years with major growth of foreign direct investment, although there has been a limited effect on poverty reduction. Yet when media or analysts talk of starvation and poverty problems in Africa, the rampant corruption is not shown as an associated problem, corruption is only tackled separately. What we really have to do is highlight the link between corruption and poverty in Africa and develop strict monitoring of African governance, possibly through the UN or any other international organization. Although political corruption is found in many parts of the world, the adverse effect is the strongest in Africa because of the sheer magnitude of political corruption as placed alongside the widespread poverty, starvation and lack of basic needs of the people in the region.
Economy, Globalization and Corruption: If the problem of political corruption is the root of slow development of African regions, liberalization seems to have hit the global economy in good and bad ways and would be the cause of widespread corporate corruption across the developed world. Public contracting and implementation of public policies are meant to produce goods and services for the benefit of citizens. In most countries, such contracts between the government and the public companies can be fertile grounds of corruption and can lead to not just poor quality services for the public but also puts a strain on government resources. Although public contracting seems to be a regional problem in the developing and developed countries, it finally affects the wider economy. The large scale impact of contracting is through globalization which is actually the dominance of a few companies in all regions of the world. Globalization and the resulting spread of American companies throughout the world may be just beginning to show its real impact with wealth getting more and more concentrated in the hands of large global players rather than being distributed equally. Some however see globalization as an offshoot of democracy, free trade policy and neo-liberalism is something that was bound to happen, globalization seems to have brought the world closer improved communication and eliminated gaps between the developed and developing economies. But of course, like everything else there are two sides to this story and the control of the global economy by a few companies maybe not just widening the gap between the rich and the poor but also opening up newer routes of corruption. The multinational companies are bigger than governments and in many cases the governments seem to be acting as passive facilitators for these big businesses. One way this helps in the development of infrastructure in developing regions and on the other hand, increases widespread corrupt practices. The lure of privatization is hard to avoid yet with private companies commanding power through money, money laundering and corrupt stock market practices are easily associated with globalization and government approved trading. The IMF and World Trade Organization seem to be not doing enough to stop the corrupt practices of multinational companies and financial institutions as these practices are easily shown as aspects of legitimate businesses. There’s always a back door and an escape route and with information technology and communication systems having changed trade and businesses, it is easy to swiftly vanish illegal money through electronic transactions. Monitoring world businesses and trading patterns is absolutely necessary to establish fair play in a more advantageous form of globalization. The link between economy, globalization and corruption seems to be the major vice of the developed nations and any slowdown of economy would demand a scrutiny of business and trading practices, although like political corruption and poverty, the association between corruption, globalization and a weak economy is always overlooked.
Judiciary, Technology and Corruption: With political corruption widespread in Africa and developing nations and economic corruption found across the developed world, the judiciary and law enforcement agencies are seen as becoming increasingly corrupt in Asian regions and other developing nations. In a global era of terrorism, it is important to understand the adverse impact of a corrupt judicial system that is unable to tackle crime effectively. Judicial corruption in the form of bribery or illegal practices and ‘getting around the law’ undermines the basic tenets of democracy and facilitates malpractice across different sectors of governance and society. What should be highlighted here is the need to promote greater judicial transparency and accountability. Increasing public knowledge about the judicial system in terms of its practices and disciplinary processes and computerization of the judicial systems with an open and accessible working environment are necessary. Computerized case tracking and public access to judicial information through published cases and stored databases help increase the accountability of judicial process and legal systems, decisions and practices. According to Transparency International (TI), the recommendations for increasing judicial transparency are through annual reports and access to information, asset disclosures, fair legal commentary and judicial reform. All these measures seem to highlight the importance of using technology to make the judiciary more public and transparent. Technology remains as the main tool for enhancing the public face of the judiciary and even technology can be used to track crime, illegal deals and aid in making judicial decisions quickly. The judicial system is largely complex with too many laws and clauses and the simplification of the judicial system is only possible with the use of technology. Advanced case management systems could improve court administration and the general efficiency of the courts and although many of these reforms are being implemented and some are already in place in developed nations, this is not so in developing countries and in many regions the judiciary is not completely computerized and there is absolutely no transparency or public access to information. The problem of bribery is thus naturally phenomenal in the judicial systems of developing countries. The police and judiciary are most likely to demand bribes with bribery being a huge problem in Africa, Asia and Latin America (Source: TI). Countries which are torn by conflict or have terrorist bases such as Pakistan, Afganistan, Albania, Kosovo, Nigeria have very high levels of corruption in the judiciary. It goes without saying that a corrupt judicial system is not just harmful economically but also extremely dangerous in terms of security of developed and developing regions alike. In an increasingly connected world, flawed or corrupt legal system in one small nation can have a deep impact on the rest of the world. The International Court of Justice and such governing bodies as also the media should focus on the roots of judicial problems and focus on improving transparency through improved technology. The link between judicial corruption, terrorism and technology is not highlighted significantly and it is high time and we perceive these links as absolutely important.
Corruption, no less dangerous than Communalism
10/11/2009
Tanveer Jafri -
While India, the world’s largest secular democracy, on one hand, is rapidly moving towards becoming a developed nation and on the other hand, there are some manmade problems facing this country which are creating obstacles in its development. While the spread of communal forces in the country is a problem, the corruption throughout the country is no less dangerous than the problem of communalism. We Indians can thank God only for the fact that probably hitherto our Prime Ministers, Presidents and Chief Justices and Lok Sabha speakers have never been charged of corruption. Otherwise, we couldn’t have known the spread of the limits of corruption.
We have seen the impeachment procedure of a judge of the High Court in Parliament. We have seen the precipitation of Indian currency during the helicopter accident of a Governor. Indian media, through sting operations, has caught Union Ministers, President of a national political party and many Members of Parliament (MPs) accepting bribes red-handed. Here the Chief Ministers of the states have been found involved in corruption scandals. Numerous Union Ministers, State Ministers, MPs, Members of Legislative Assemblies (MLAs), bureaucrats etc. can be found charged with corruption. In these circumstances, there is doubt that the raising of voice against corruption, by a few responsible people like former President Dr. APJ Abdul Kalam and Prime Minister Dr. Manmohan Singh would have any positive effect. The roots of corruption in our country are so deep that in some government departments it has become the norm. In such departments, the situation is so worse that the bribes and corrupt people are known to be ‘talented’, while an honest official is termed as ‘moron’. The incident of Bhagwati Prasad Dixit of Kanpur might be known to the readers that how this honest and hardworking engineer, who dared to act against corruption, was declared mentally ill by the corruption ridden system. And eventually, while fighting against corruption, he died. Apart from this, there are innumerable cases of people like Satyendra Dubey, K. Manjunathan and Manoj Gupta, who became victims of this corrupt system. People get more encouraged to indulge in corruption when the entire system is submerged in it.
Recently, the Prime Minister Manmohan Singh, addressing a conference of anti-corruption agencies, admitted that there is a perception that while petty cases get tackled quickly, the “big fish” escape punishment. He said that there is an urgent need to change this. He also said that "high level” corruption has to be aggressively pursued. He said that all such cases should be investigated on priority basis. This has certainly raised the eyebrows of those corrupt high level officials who carry on accumulating wealth for coming generations by misusing their office.
People of the country have taken seriously the clear message of Prime Minister. And now they are waiting for the first “big fish” in consequence of Prime Minister’s directive. There is no other view on honesty and courage of the Prime Minister. This also became evident from the recent general elections in which the people of India ‘erased’ those from the political scenario of the country, who, in order to grab power, were trying to declare Manmohan Singh as a ‘weak Prime Minister’. There were anxieties in many parts of the country over his being related to the Sikh community. But the Prime Minister himself stated in an election meeting in Ludhiana (Punjab) that first of all he is the Prime Minister of this country, and then a Sikh. He also said that he is against the mixing of religion and politics. In the same meeting, Member of Parliament Rahul Gandhi called him as “pride of India”.
Congress party, the largest constituent of the ruling United Progressive Alliance (UPA), tried to convey to the people that the Congress’ hand is with the common people. Certainly, the common man wants this slogan transformed into action. And if the common man really feels that the government is with him and he is getting justice, then he definitely support that government or political party. A small example of this was seen in Uttar Pradesh in recent general elections. The performance of the Congress party was best in those 39 districts of the state where the National Rural Employment Guarantee Act (NREGA) was enforced in the first phase. The areas in which the unemployed got employment with full transparency and they need not migrate for earning livelihoods, such people joined the chorus of ‘Jai Ho’ with the Congress.
Today the common man wants to see a clean administrative structure, transparent and corruption free environment. And it would be possible only when the high level corruption, which provides patronization to corruption at lower levels, would end. The problem in India is that either it is the person adulterating life saving drugs or food items, economic fraudster, gangster or professional criminal, such characterless people quickly get political ‘asylum’. And after this patronization, the middle and lower rank officials automatically become helpless. In such situation, these few honest people are left with just two options. Either they face the suspension or termination of job while fighting against high level political intervention, become victims of such corrupt network or felling in line with them, they become participant of that network and enter its ‘mainstream’. Today we are concerned about the increasing might of China. But we ignore the basis of that power. The entire world is aware of the steps taken by China vis-à-vis population control. Last year, the same China sentenced two people to death, who were involved in a tainted milk scandal. In our country, since long time tainted milk, poisonous vegetables are available in the market. And now even there is news of fake blood. Amidst this, the Prime Minister’s concerns are not only justifiable; there is an urgent need to act on his concerns.
Hopefully, the top level honest officers would be encouraged with Dr. Manmohan Singh as Prime Minister and they would be able to ‘trap’ a ‘big fish’ as early as possible. Perhaps, then only the common people would say ‘Jai Ho’.
Tanveer Jafri is a columnist in India related with hundreds of most popular daily news papers and web portals in India and outside of it. He is also a member of Haryana Sahitya Academy and Haryana Urdu Academy (a State Government body in India).
http://www.globalpolitician.com/25952-india
Tanveer Jafri -
While India, the world’s largest secular democracy, on one hand, is rapidly moving towards becoming a developed nation and on the other hand, there are some manmade problems facing this country which are creating obstacles in its development. While the spread of communal forces in the country is a problem, the corruption throughout the country is no less dangerous than the problem of communalism. We Indians can thank God only for the fact that probably hitherto our Prime Ministers, Presidents and Chief Justices and Lok Sabha speakers have never been charged of corruption. Otherwise, we couldn’t have known the spread of the limits of corruption.
We have seen the impeachment procedure of a judge of the High Court in Parliament. We have seen the precipitation of Indian currency during the helicopter accident of a Governor. Indian media, through sting operations, has caught Union Ministers, President of a national political party and many Members of Parliament (MPs) accepting bribes red-handed. Here the Chief Ministers of the states have been found involved in corruption scandals. Numerous Union Ministers, State Ministers, MPs, Members of Legislative Assemblies (MLAs), bureaucrats etc. can be found charged with corruption. In these circumstances, there is doubt that the raising of voice against corruption, by a few responsible people like former President Dr. APJ Abdul Kalam and Prime Minister Dr. Manmohan Singh would have any positive effect. The roots of corruption in our country are so deep that in some government departments it has become the norm. In such departments, the situation is so worse that the bribes and corrupt people are known to be ‘talented’, while an honest official is termed as ‘moron’. The incident of Bhagwati Prasad Dixit of Kanpur might be known to the readers that how this honest and hardworking engineer, who dared to act against corruption, was declared mentally ill by the corruption ridden system. And eventually, while fighting against corruption, he died. Apart from this, there are innumerable cases of people like Satyendra Dubey, K. Manjunathan and Manoj Gupta, who became victims of this corrupt system. People get more encouraged to indulge in corruption when the entire system is submerged in it.
Recently, the Prime Minister Manmohan Singh, addressing a conference of anti-corruption agencies, admitted that there is a perception that while petty cases get tackled quickly, the “big fish” escape punishment. He said that there is an urgent need to change this. He also said that "high level” corruption has to be aggressively pursued. He said that all such cases should be investigated on priority basis. This has certainly raised the eyebrows of those corrupt high level officials who carry on accumulating wealth for coming generations by misusing their office.
People of the country have taken seriously the clear message of Prime Minister. And now they are waiting for the first “big fish” in consequence of Prime Minister’s directive. There is no other view on honesty and courage of the Prime Minister. This also became evident from the recent general elections in which the people of India ‘erased’ those from the political scenario of the country, who, in order to grab power, were trying to declare Manmohan Singh as a ‘weak Prime Minister’. There were anxieties in many parts of the country over his being related to the Sikh community. But the Prime Minister himself stated in an election meeting in Ludhiana (Punjab) that first of all he is the Prime Minister of this country, and then a Sikh. He also said that he is against the mixing of religion and politics. In the same meeting, Member of Parliament Rahul Gandhi called him as “pride of India”.
Congress party, the largest constituent of the ruling United Progressive Alliance (UPA), tried to convey to the people that the Congress’ hand is with the common people. Certainly, the common man wants this slogan transformed into action. And if the common man really feels that the government is with him and he is getting justice, then he definitely support that government or political party. A small example of this was seen in Uttar Pradesh in recent general elections. The performance of the Congress party was best in those 39 districts of the state where the National Rural Employment Guarantee Act (NREGA) was enforced in the first phase. The areas in which the unemployed got employment with full transparency and they need not migrate for earning livelihoods, such people joined the chorus of ‘Jai Ho’ with the Congress.
Today the common man wants to see a clean administrative structure, transparent and corruption free environment. And it would be possible only when the high level corruption, which provides patronization to corruption at lower levels, would end. The problem in India is that either it is the person adulterating life saving drugs or food items, economic fraudster, gangster or professional criminal, such characterless people quickly get political ‘asylum’. And after this patronization, the middle and lower rank officials automatically become helpless. In such situation, these few honest people are left with just two options. Either they face the suspension or termination of job while fighting against high level political intervention, become victims of such corrupt network or felling in line with them, they become participant of that network and enter its ‘mainstream’. Today we are concerned about the increasing might of China. But we ignore the basis of that power. The entire world is aware of the steps taken by China vis-à-vis population control. Last year, the same China sentenced two people to death, who were involved in a tainted milk scandal. In our country, since long time tainted milk, poisonous vegetables are available in the market. And now even there is news of fake blood. Amidst this, the Prime Minister’s concerns are not only justifiable; there is an urgent need to act on his concerns.
Hopefully, the top level honest officers would be encouraged with Dr. Manmohan Singh as Prime Minister and they would be able to ‘trap’ a ‘big fish’ as early as possible. Perhaps, then only the common people would say ‘Jai Ho’.
Tanveer Jafri is a columnist in India related with hundreds of most popular daily news papers and web portals in India and outside of it. He is also a member of Haryana Sahitya Academy and Haryana Urdu Academy (a State Government body in India).
http://www.globalpolitician.com/25952-india
Corruption in Judiciary
The sheer number of cases pending
in the Indian judicial system (26
million at last count) says it all.
One of the most frequently used words in India, corruption signifies a range of things. In 2005, Transparency International and Delhi based Centre for Media Studies, a research firm, undertook the India Corruption Study. The survey covered 14,405 respondents over 20 states and included interviews with service providers and users (of these services). The results, published the same year said Indians pay out around Rs 21,068 crore as bribes while availing one of 11 public services. While some of the results of the survey were published, many of the details were not. The study, however, remains the most recent and the most comprehensive report on corruption in India. Apart from calculating the extent of corruption, in Rs crore, it explains the mechanics of it.
Courting Corruption
The sheer number of cases pending in the Indian judicial system (26 million at last count) says it all. Given that, and the number of judges across various states (per lakh of population), the system is rife with delays and inefficiencies -- ideal conditions for middlemen to step in. In the year preceding the survey, 59% of respondents paid bribes to lawyers, 5% to judges, and 30% to court officials.
1. Inaccesibility
The judicial system is highly dilatory, expensive, and beyond the reach of the common man. Ordinary citizens find it hard to seek redress, as litigation is expensive and extra money is often required to oil the wheels of the system
2. Misuse of power
There are instances of Metropolitan Magistrates issuing bailable arrest warrants against individuals of whose identitites he has no idea, in return for an inducement.
Some time back, a Metropolitan Magistrate in Ahmedabad issued bailable arrest warrants against the President of India in return for an inducement of Rs 40,000.
In some cases, judges offer a favour in exchange for personal gain or favours. In Rajasthan, some time back, there were reports of a judge who offered judicial favour in exchange for sexual favours from a litigant. Some of these instances have been reported by the media, but no action has resulted.
Today, under existing rules, any person making any allegation of corruption or other things against a sitting judge can be charged and punished for contempt of court. This is a deterrent against more such instances coming to light.
3. A difficult impeachment process
The Supreme Court of India has ruled that no first information report (FIR) can be registered against a judge, nor, a criminal investigation initiated without prior approval of the Chief Justice of the Supreme Court. Once appointed, a judge of the High Court or Supreme Court cannot be sacked except by a complicated impeachment process, done by members of the Lok Sabha and the Rajya Sabha, the two houses of Indian parliament. Their immunity is reinforced by the fact that the procedure isn’t just cumbersome but also susceptible to political influence. In the 1990s, when the Congress was in power, a motion seeking to impeach Justice V Ramaswami could not be passed by parliament as Congress members of parliament abstained from voting. There have been no other attempts at impeachment in India.
4. Slow and inefficient
Many cases drag on for years. SAn oft cited excuse is the lack of staff, but the judicial process itself is unnecessarily complicated and inefficient, making cases drag on for a long time. Bribes are sometimes ought to davance the judgement or bend it. At last count, some 26 million cases were pending in Indian courts.
Why People Pay Bribes
1. Favourable judgement
Recent media reports have shown that it is possible to secure a favourable judegement in a lower court by bribing the judiciary, although the situation radically improves when it comes to the higher courts.
2. Speeding up judgement
There is a huge backlog of cases in Indian courts which results in delayed judgements. It is quite common for a case to drag on for years. People often have to pay bribes to speed up the process.
3. Other activities
A llot of non case related work also falls under the purview of the judiciary. This includes the issual of affidavits, registrations, etc. People often pay bribes to get this work done by a middleman.
4. Obtaining bail
The judge has a lot of discretion in issuing bail; the guidelines governing this are fairly basic. It is possible to secure bail by influencing the judge in some cases.
5. Manipulating witnesses
As some recent high-profile cases have shown, witnesses are manipulated through money or force into giving favourable testimony.
Suggested Solutions
1. Use of technology
* A review of how court records are handled and the introduction of modern tracking methods can eliminate much of petty corruption existing in lower courts
* Websites and CDs can explain basic law to laymen
* Court files can be computerized
* Video recordings of cout procedings should be maintained
2. Reduce the gap
* Provide alternative methods of dispute redressal to lighten burden on courts
* Increase number of judicial officers and number of fast track courts
* Create a vigilance cell for redressal of public grievances
3. Making the judiciary accountable
* Judges must be subject to judicial review
* Judges must follow a code of conduct
* Bar associations must act against corrupt members
* A public body must keep an eye on the judicial system
* An Indian judicial service must be created
* The proposed National Judicial Commission should have powers to fire judges
* Judges should declare their assets and those of their family
http://www.livemint.com/2007/05/02160432/Corruption-in-Judiciary.html
in the Indian judicial system (26
million at last count) says it all.
One of the most frequently used words in India, corruption signifies a range of things. In 2005, Transparency International and Delhi based Centre for Media Studies, a research firm, undertook the India Corruption Study. The survey covered 14,405 respondents over 20 states and included interviews with service providers and users (of these services). The results, published the same year said Indians pay out around Rs 21,068 crore as bribes while availing one of 11 public services. While some of the results of the survey were published, many of the details were not. The study, however, remains the most recent and the most comprehensive report on corruption in India. Apart from calculating the extent of corruption, in Rs crore, it explains the mechanics of it.
Courting Corruption
The sheer number of cases pending in the Indian judicial system (26 million at last count) says it all. Given that, and the number of judges across various states (per lakh of population), the system is rife with delays and inefficiencies -- ideal conditions for middlemen to step in. In the year preceding the survey, 59% of respondents paid bribes to lawyers, 5% to judges, and 30% to court officials.
1. Inaccesibility
The judicial system is highly dilatory, expensive, and beyond the reach of the common man. Ordinary citizens find it hard to seek redress, as litigation is expensive and extra money is often required to oil the wheels of the system
2. Misuse of power
There are instances of Metropolitan Magistrates issuing bailable arrest warrants against individuals of whose identitites he has no idea, in return for an inducement.
Some time back, a Metropolitan Magistrate in Ahmedabad issued bailable arrest warrants against the President of India in return for an inducement of Rs 40,000.
In some cases, judges offer a favour in exchange for personal gain or favours. In Rajasthan, some time back, there were reports of a judge who offered judicial favour in exchange for sexual favours from a litigant. Some of these instances have been reported by the media, but no action has resulted.
Today, under existing rules, any person making any allegation of corruption or other things against a sitting judge can be charged and punished for contempt of court. This is a deterrent against more such instances coming to light.
3. A difficult impeachment process
The Supreme Court of India has ruled that no first information report (FIR) can be registered against a judge, nor, a criminal investigation initiated without prior approval of the Chief Justice of the Supreme Court. Once appointed, a judge of the High Court or Supreme Court cannot be sacked except by a complicated impeachment process, done by members of the Lok Sabha and the Rajya Sabha, the two houses of Indian parliament. Their immunity is reinforced by the fact that the procedure isn’t just cumbersome but also susceptible to political influence. In the 1990s, when the Congress was in power, a motion seeking to impeach Justice V Ramaswami could not be passed by parliament as Congress members of parliament abstained from voting. There have been no other attempts at impeachment in India.
4. Slow and inefficient
Many cases drag on for years. SAn oft cited excuse is the lack of staff, but the judicial process itself is unnecessarily complicated and inefficient, making cases drag on for a long time. Bribes are sometimes ought to davance the judgement or bend it. At last count, some 26 million cases were pending in Indian courts.
Why People Pay Bribes
1. Favourable judgement
Recent media reports have shown that it is possible to secure a favourable judegement in a lower court by bribing the judiciary, although the situation radically improves when it comes to the higher courts.
2. Speeding up judgement
There is a huge backlog of cases in Indian courts which results in delayed judgements. It is quite common for a case to drag on for years. People often have to pay bribes to speed up the process.
3. Other activities
A llot of non case related work also falls under the purview of the judiciary. This includes the issual of affidavits, registrations, etc. People often pay bribes to get this work done by a middleman.
4. Obtaining bail
The judge has a lot of discretion in issuing bail; the guidelines governing this are fairly basic. It is possible to secure bail by influencing the judge in some cases.
5. Manipulating witnesses
As some recent high-profile cases have shown, witnesses are manipulated through money or force into giving favourable testimony.
Suggested Solutions
1. Use of technology
* A review of how court records are handled and the introduction of modern tracking methods can eliminate much of petty corruption existing in lower courts
* Websites and CDs can explain basic law to laymen
* Court files can be computerized
* Video recordings of cout procedings should be maintained
2. Reduce the gap
* Provide alternative methods of dispute redressal to lighten burden on courts
* Increase number of judicial officers and number of fast track courts
* Create a vigilance cell for redressal of public grievances
3. Making the judiciary accountable
* Judges must be subject to judicial review
* Judges must follow a code of conduct
* Bar associations must act against corrupt members
* A public body must keep an eye on the judicial system
* An Indian judicial service must be created
* The proposed National Judicial Commission should have powers to fire judges
* Judges should declare their assets and those of their family
http://www.livemint.com/2007/05/02160432/Corruption-in-Judiciary.html
Top 10 reasons Behind Lethargic Indian 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. 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).
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. 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).
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 violenceIndian 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.
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 violenceIndian 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 WAYS -WOMEN HARASS MEN
Fox News has compiled a list of top 10 cruel things that women do to men and how they play with the guy's emotions or ego.
10. They don't pick up the phone
While men feel good as they manage to take the girls' phone number, the girls
often give them a fake number or don't pick up the call.
9. Use men for free drinks
Some women go out never planning to spend any of their own money on drinks at
the bar or club. Instead, they count on their feminine wiles to convince guys to
shell out for their libations. While some of them might begin to get to know
him, the cruel and heartless ones will take that drink, flirt a little and move
on.
8. Use men as placeholders
If she is a decent person, she'll just get it over with and dump the boy, but if
she's cruel, she'll hold on to him for a while until somebody new comes along.
These girls don't like to be alone and without a relationship, so instead of
putting you out of your misery and ending it, she'll string you along until she
meets someone to replace you.
7. Emotionally manipulate men
Men don't like to see women cry and some cruel women take advantage of the fact
and use it to get what they want. A few tears would make men do anything to get
it to stop.
6. Use physical violence
While men hitting girls are often termed nasty, some cruel women feel it's
perfectly acceptable to hit their boyfriends, as he would never hit her back.
This type of woman feels like she can inflict any kind physical pain on him
without fear of repercussion.
5. Criticize their men in public
Cruel women criticize and humiliate their men in public places. They often poke
fun at her man or even soundly debase him.
4. They don't disclose their relationship status
It's certainly not the worst thing a woman could do to a man, but it is annoying
when she's already in a relationship and lets you assume that she's available so
that she can enjoy the man's flirtation and flattery.
3. They withhold sex
This is a time-tested, and frequently used, cruel thing for women to do to men.
For most men, sex is as important as breathing, so withholding it in order to
get something she wants or simply to punish her man for his transgressions is a
pretty awful thing to do, even if it is effective.
2. They test their men
You're all ready to go for a night out with your friends, when your girlfriend
calls and asks you to change your plans to be with her instead. She doesn't have
any particular reason; she just wants to see you. She knows that you had plans
to meet up with the guys, but if you really loved her, you'd come over to her
place instead. If her request comes with an "if you really loved me," then it's
a test. If you choose anything other than immediately rushing to her side,
you're going to fail. This kind of testing in a relationship is indeed cruel and
petty.
1. They flirt to inspire jealousy
Maybe she's feeling underappreciated, maybe you've just had a big fight or maybe
she just enjoys the tortured look on your face. For whatever reason, girls who
flirt obviously with other guys in front of their boyfriends are immature and
manipulative.
IN INDIA THERE IS A REASON WELL ABOVE ALL THIS:
WOMEN MISUSE THE LAWS OPENLY AND FILE FALSE DOWRY HARASSMENT CASES , DOMESTIC VIOLENCE CASE , SCREW THE GUY & HIS FAMILY & EVEN WHEN THE CASES ARE PROVEN WRONG ..THEY WALK AWAY TENSION FREE.
DONT EVER DREAM TO MARRY AN INDIAN GIRL.
10. They don't pick up the phone
While men feel good as they manage to take the girls' phone number, the girls
often give them a fake number or don't pick up the call.
9. Use men for free drinks
Some women go out never planning to spend any of their own money on drinks at
the bar or club. Instead, they count on their feminine wiles to convince guys to
shell out for their libations. While some of them might begin to get to know
him, the cruel and heartless ones will take that drink, flirt a little and move
on.
8. Use men as placeholders
If she is a decent person, she'll just get it over with and dump the boy, but if
she's cruel, she'll hold on to him for a while until somebody new comes along.
These girls don't like to be alone and without a relationship, so instead of
putting you out of your misery and ending it, she'll string you along until she
meets someone to replace you.
7. Emotionally manipulate men
Men don't like to see women cry and some cruel women take advantage of the fact
and use it to get what they want. A few tears would make men do anything to get
it to stop.
6. Use physical violence
While men hitting girls are often termed nasty, some cruel women feel it's
perfectly acceptable to hit their boyfriends, as he would never hit her back.
This type of woman feels like she can inflict any kind physical pain on him
without fear of repercussion.
5. Criticize their men in public
Cruel women criticize and humiliate their men in public places. They often poke
fun at her man or even soundly debase him.
4. They don't disclose their relationship status
It's certainly not the worst thing a woman could do to a man, but it is annoying
when she's already in a relationship and lets you assume that she's available so
that she can enjoy the man's flirtation and flattery.
3. They withhold sex
This is a time-tested, and frequently used, cruel thing for women to do to men.
For most men, sex is as important as breathing, so withholding it in order to
get something she wants or simply to punish her man for his transgressions is a
pretty awful thing to do, even if it is effective.
2. They test their men
You're all ready to go for a night out with your friends, when your girlfriend
calls and asks you to change your plans to be with her instead. She doesn't have
any particular reason; she just wants to see you. She knows that you had plans
to meet up with the guys, but if you really loved her, you'd come over to her
place instead. If her request comes with an "if you really loved me," then it's
a test. If you choose anything other than immediately rushing to her side,
you're going to fail. This kind of testing in a relationship is indeed cruel and
petty.
1. They flirt to inspire jealousy
Maybe she's feeling underappreciated, maybe you've just had a big fight or maybe
she just enjoys the tortured look on your face. For whatever reason, girls who
flirt obviously with other guys in front of their boyfriends are immature and
manipulative.
IN INDIA THERE IS A REASON WELL ABOVE ALL THIS:
WOMEN MISUSE THE LAWS OPENLY AND FILE FALSE DOWRY HARASSMENT CASES , DOMESTIC VIOLENCE CASE , SCREW THE GUY & HIS FAMILY & EVEN WHEN THE CASES ARE PROVEN WRONG ..THEY WALK AWAY TENSION FREE.
DONT EVER DREAM TO MARRY AN INDIAN GIRL.
Amendments to the Dowry Prohibition Act 1961 in the offing
PTI
Share · print · T+ In order to provide more teeth to dowry-prevention laws, the Government has decided to make it mandatory for couples to notify the list of gifts exchanged during their wedding ceremony.
The rule will come about through an amendment to the existing Dowry Prohibition Act 1961 (DPA).
The list of gifts, in form of a sworn affidavit, has to be notarised, signed by a protection officer or a dowry prohibition officer and kept by both the parties. Failing this can invite heavy penalty including a three-year term in jail for not only bride and groom but also their parents.
The ministry of women and child development (MWCD) is moving a cabinet note seeking amendment in the existing provisions of DPA, official sources said.
The amendments are expected to be placed before cabinet for its approval this month end and is likely to be tabled in Parliament in the coming budget session, the sources said.
The amendments include having lesser penalty for the dowry givers, allowing a woman to file case where she permanently or temporarily resides, to include parents and relatives of the bride as aggrieved persons and who can complain and link the Protection of Women from Domestic Violence (PWDV) with the dowry laws for quick relief.
The definition of dowry is also being widened by changing the word “in connection with marriage” to “given before the marriage, at the time and at any time after the marriage.”
In case of a woman’s death, all property obtained as dowry would need to be reverted back to the parents of the woman or her children.
The justification for this is that the taking of dowry by the husband itself was illegal, the dowry liable to be returned in her lifetime on her death cannot give rise to a claim of inheritance.
Ministry wants a clear distinction between “gifts” given voluntarily from those given under duress or compulsion. It also wants expression “presents” used in Section 3 (2) of the DPA to be substituted with “gifts” to indicate the voluntary intent behind the exchange. The expression “gifts” finds definition in law under the Gift-Tax Act 1958.
“There are no penalties provided for the failure to maintain lists of gifts exchanged in connection with the marriage. The maintenance of lists of gifts is crucial for the effective implementation of the law,” the National Commission for Women (NCW), that had prepared the amendments, explained.
http://beta.thehindu.com/news/national/article82087.ece
PTI
Share · print · T+ In order to provide more teeth to dowry-prevention laws, the Government has decided to make it mandatory for couples to notify the list of gifts exchanged during their wedding ceremony.
The rule will come about through an amendment to the existing Dowry Prohibition Act 1961 (DPA).
The list of gifts, in form of a sworn affidavit, has to be notarised, signed by a protection officer or a dowry prohibition officer and kept by both the parties. Failing this can invite heavy penalty including a three-year term in jail for not only bride and groom but also their parents.
The ministry of women and child development (MWCD) is moving a cabinet note seeking amendment in the existing provisions of DPA, official sources said.
The amendments are expected to be placed before cabinet for its approval this month end and is likely to be tabled in Parliament in the coming budget session, the sources said.
The amendments include having lesser penalty for the dowry givers, allowing a woman to file case where she permanently or temporarily resides, to include parents and relatives of the bride as aggrieved persons and who can complain and link the Protection of Women from Domestic Violence (PWDV) with the dowry laws for quick relief.
The definition of dowry is also being widened by changing the word “in connection with marriage” to “given before the marriage, at the time and at any time after the marriage.”
In case of a woman’s death, all property obtained as dowry would need to be reverted back to the parents of the woman or her children.
The justification for this is that the taking of dowry by the husband itself was illegal, the dowry liable to be returned in her lifetime on her death cannot give rise to a claim of inheritance.
Ministry wants a clear distinction between “gifts” given voluntarily from those given under duress or compulsion. It also wants expression “presents” used in Section 3 (2) of the DPA to be substituted with “gifts” to indicate the voluntary intent behind the exchange. The expression “gifts” finds definition in law under the Gift-Tax Act 1958.
“There are no penalties provided for the failure to maintain lists of gifts exchanged in connection with the marriage. The maintenance of lists of gifts is crucial for the effective implementation of the law,” the National Commission for Women (NCW), that had prepared the amendments, explained.
http://beta.thehindu.com/news/national/article82087.ece
Wednesday, January 20, 2010
NRI fails to follow case, fined Rs 1.5L
Smriti Singh, TNN, 18 January 2010, 02:49am IST
NEW DELHI: Seeking repeated adjournments and not appearing before the court to follow up his own complaint has landed an NRI in trouble. Irked by the conduct of a Canada-based NRI, who had filed a civil suit in the capital two years ago, a trial court has slapped a fine of Rs 1.5 lakh on him while dismissing his case for non-appearance.
"A person who has no respect for law and has abused the repeated accommodation given by this court deserves no further indulgence. The plaintiff does not appear to be taking the directions of Indian courts rather seriously and perhaps entertains an impression that come what may, he can get away, which impression requires to be dispelled," additional district judge Kamini Lau said.
ADJ Lau asked the chief metropolitan magistrate to look into the matter for registration of a criminal case against the litigant for committing the offences of perjury, cheating and forgery.
The court's directions came after litigant Gurbax Singh failed to appear before the court despite repeated notices. The matter had even reached the Delhi High Court, which also slapped fine on Singh but he did not pay the amount. Singh, who flew to Canada soon after filing the suit in December 2008, has sought the declaration of his legal rights over a disputed property in Greater Kailash-I and a restraint order against the persons currently in possession of it.
While the court was constantly kept informed to the compromise reached between the parties and a change of Singh's lawyer in the course of the case, ADJ Lau had sought the litigant's presence to clarify the situation for proper adjudication of the case.
Singh failed to fly to India even as his former counsel told the judge that the petitioner had handed over forged property documents. Countering these allegations, Singh's newly-appointed counsel requested the court to adjourn the matter on medical grounds. The court took strong exception to the fact that Singh was evading appearance even though he had filed the suit.
"For the last more than 10 months sufficient indulgence has been given to the plaintiff... He has misused and abused the platform of this court firstly to secure favourable orders at the initial stage and later by not placing on record the original documents and evading appearance before this court due to which reasons all interim orders were revoked," the judge said.
Stating that the conduct of Singh has been "deliberate", the court directed the ministry of external affairs to recover the amount within 60 days. It also asked the ministry to take "coercive steps" like "confiscation of his travel documents, property in Canada or issuance of a look-out circular" through the Canadian government.
NEW DELHI: Seeking repeated adjournments and not appearing before the court to follow up his own complaint has landed an NRI in trouble. Irked by the conduct of a Canada-based NRI, who had filed a civil suit in the capital two years ago, a trial court has slapped a fine of Rs 1.5 lakh on him while dismissing his case for non-appearance.
"A person who has no respect for law and has abused the repeated accommodation given by this court deserves no further indulgence. The plaintiff does not appear to be taking the directions of Indian courts rather seriously and perhaps entertains an impression that come what may, he can get away, which impression requires to be dispelled," additional district judge Kamini Lau said.
ADJ Lau asked the chief metropolitan magistrate to look into the matter for registration of a criminal case against the litigant for committing the offences of perjury, cheating and forgery.
The court's directions came after litigant Gurbax Singh failed to appear before the court despite repeated notices. The matter had even reached the Delhi High Court, which also slapped fine on Singh but he did not pay the amount. Singh, who flew to Canada soon after filing the suit in December 2008, has sought the declaration of his legal rights over a disputed property in Greater Kailash-I and a restraint order against the persons currently in possession of it.
While the court was constantly kept informed to the compromise reached between the parties and a change of Singh's lawyer in the course of the case, ADJ Lau had sought the litigant's presence to clarify the situation for proper adjudication of the case.
Singh failed to fly to India even as his former counsel told the judge that the petitioner had handed over forged property documents. Countering these allegations, Singh's newly-appointed counsel requested the court to adjourn the matter on medical grounds. The court took strong exception to the fact that Singh was evading appearance even though he had filed the suit.
"For the last more than 10 months sufficient indulgence has been given to the plaintiff... He has misused and abused the platform of this court firstly to secure favourable orders at the initial stage and later by not placing on record the original documents and evading appearance before this court due to which reasons all interim orders were revoked," the judge said.
Stating that the conduct of Singh has been "deliberate", the court directed the ministry of external affairs to recover the amount within 60 days. It also asked the ministry to take "coercive steps" like "confiscation of his travel documents, property in Canada or issuance of a look-out circular" through the Canadian government.
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