Monday, October 10, 2011

False Gods ,False Icons of Corporate world -Wall Street Protest

False Gods ,False Icons of Corporate world -Wall Street Protest :

The wall street protest has spread to Boston,Chicago,Los Angles and other cities and towns of USA ,it is one of signs of growing hostility towards capitalism and demand for social equality.The large scale demonstration by unemployed youth against corporates are seen in USA after more than 30 yrs ,in an article by New York Times financial columnist Andrew Ross Sorkin, who quoted a Wall Street CEO worried about his “personal safety” and warned that the protest constituted “a warning shot about the kind of civil unrest that may emerge—as we’ve seen in some European countries—if our economy continues to struggle.”, obviously, it is fall out of Lehman brothers bankruptcy  episode in the USA[massive devaluation of assets by credit agencies&drastic losses in stock market] .The employees and unemployed youth are demanding livable income ,decent standard of living ,health care ,housing ,social security measures, apart from that ,they are demanding social control of banks and other big corporations which are controlling the USA.'s economy.

Ironically,we saw some foolish people mourning the death of some one, who happened to be of CEO of the company known for iPhone/PC ,irrespective of corporate world comparing him to Albert Einstein or Graham Bell or Henry Ford for phenomenal growth of the company, he is better known for unjust profits and unethical growth.We also saw some of the fools of Hyderabad,India mourned the death of some one.who happened to be baron of [so-called ]Institutes of Higher Learning,facing series of litigation in the courts from students as well as  employees.I pity these foolish people and I can only pray to god to give them wisdom to understand corporate exploitation of people and natural resources. These organization earned millions at what cost?Whether so- called icons should be worshiped for any extra -ordinary human qualities or for purely manipulative personality traits or cunning  business tactics to survive in corporate world ,or their mad craze to project their organisation as profit making to gain market acceptability and good will by indulging in cheap media publicity. 
We should not be surprised ,the same people will protest the conviction of the Gali Janardhan Reddy and Rama Linga Raju ,who have become an symbol of modern corporate crimes in India [ white collar crimes] They are also icons for these foolish people.It is understandable and if we read the works of Sutherland[was the first person to coin the word White Collar crimes] or Marxist criminologist, the most icons or gods worshiped by the corporate and commercial world are better known to be White Collar Criminals for corporate crimes and their adventures by manipulating their balance sheet to gain market creditability,so as to increase their share value in bullion market,it is rubbish and height of stupidity on the part of corporate world to call them a role model or icons to the gullible youngsters and young executives. 

When I was student of under -graduation ,I used to regard great political thinkers like J.S.Mill ,John Locke ,Bentham,John Austin ,Karl Marx  F.Engels ,Leo Tolstoy ,Aristotle,Pluto and Socrates as real contributors  to the world political thought and treated them as iconic figures for their great works, While I was pursuing post graduation in International  law , I used to regard Hugo Grotius as iconic figure in the field of International Law ,[apart from being known father of International Law]. We used to hear with rapt attention ,the lessons on economics of John Maynard Keynes or John Galbraith.

At least,I don't suggest my kids to read biography of Steve jobs or warren Buffet.I would rather suggest my kids to read events and factual matrix's  unfolded in American Revolution , Russian Revolution , French Revolution , English Revolution or Indian Independence Struggle,it helps them to understand the saga of human struggle,Evolution of civilization and evolution of freedom struggles after dismantling feudal /monarchical exploitative world,I believe it is real education to kids&youngsters to increase their intellect ,reasoning and enhances sense of justice. . 

It is laughable to suggest the young people should  read the books of Steve Jobs or books like How to Become Millionaire fortnight or How to become Rich &Famous or How to hatch eggs & chicken,it is nothing but concentrating on Master of business education on purely profit making exercises through unethical business practices and exploitative traits,it is nothing but suggesting individual enrichment or organizational growth at the cost of exploitation of the people and nation , as whole  by taking advantage of defective system and poor governance. 

There is need to check corporate crimes and punish the white collar criminals ,which will stop the exploitation of people.The world is witnessing growing hostility towards corporates and its criminality ,who are personally enriching at the cost of the nation and its people.The time has ripen for the emancipation of people from modern form of slavery of the people by the greedy corporate honchos.There is a need for equal distribution  of the profits and work for social equality. I don't prefer to call Steve Jobs or Warren buffet as icons or genius of the world.  

References : 
  1. Andrew Ross Sorkin-New York Times 
  2. World Socialist website -wsws.org

Friday, October 7, 2011

Unicef sponsored program in DD - Kyunki Jeena Issi Ka Naam hai

Unicef sponsored program in DD- Kyunki  Jeena Issi Ka Naam Hai 

The Indian state owned public broadcaster Doordarshan National was very popular during black /white era ,only free to air channel before cable T.V revolution ,its programs like Ramayan,Mahabharat ,Rangoli,Hum log,Nukkad,World this week were blockbusters and attracted highest TRP rating.But Doordarshan was also known for education -related programs on various public issues.There is tremendous revolution of DTH/Cable TV revolution in the urban and rural areas.Most programs in private channels are made with commercial mindset and with a view to gain TRP rating.But even today ,Doordarshan is free to air ,still holds viewership in rural India despite DTH age,even today , Doordarshan national network airs programs of educative value,One of most popular educative show is 'UNICEF' sponsored "Kyunki Jeena Issi Ka Naam Hai" ,its is not like Ektha kapoor soap opera-sagas ,Kyunki Saas Bhi Kabhi Bahu Thi{Because a Mother-in-law was once a Daughter-in-law too}. it is not cat fight Daughter-in -law and mother-in-law,it is purely educative value show,which deals with girl education, marriage ,education and social issues ,unlike other show 'Jeenaki Ashaa' by NDTV deals with Child Mortality& Women health,Kyunki Jeena Issi Naam Hai enjoys popular viewership among masses.

"Kyunki Jeena Issi Ka Naam Hai" was most watched show between 2009-2010,more than three years of  broadcast, it covered wide range of social issues and health issues like 
  1. Hygiene and sanitation[use of toilets &hand washing],
  2. Girls education 
  3. Safe motherhood
  4. Immunization
  5. Child marriage
  6. Diseases-diarrhea,coughs&cold,serious illness like HIV/AIDS.
  7. Women Empowerment &Gender justice.
  8. Right to information.
 
Kyunki Jeena Issi Ka Naam Hai continues to inspire the girl's education and increase the social awareness in the rural areas.It is fact that many rural house hold do not subscribe cable T.V/DTH,the shows like Kyunki Jeena Issi Ka Naam Hai is mirror of society and creating awareness among rural masses,who are mostly illiterates.It is playing important role in promotion of improving literacy rate among girls.   


There is a need for more such shows to increase awareness among rural areas and urban areas on the issues like;
  1. Voting rights
  2. Right to Information
  3. Right to Education
  4. Child labour
  5. National Employment guarantee scheme
  6. Women's reservation
  7. PNDT act
  8. Domestic violence
  9. consumer Rights
  10. Small saving
There is need to empower rural masses through wide spread literacy education and spread awareness on social issues,which will help them cope up the life 's challenges and helping them to improve life -skills,it also help them to become effective and informed citizens.



Reference:
http://www.unicef.org/india/media_4169.htm

Friday, September 30, 2011

Are you abusing your child?be-aware-know the child rights

Are you abusing your child ,be- aware ?-know the child rights :
Many films in India aptly projected the position of children/teenagers in the society and abuse of their rights,the film "I'm Kalam" rightly projected child labour 'Chhotu' aspirations to become Sir A.P. J Abdul Kalam {Ex President of India and leading scientist of India}after watching him in T.V. He even changes his name as 'Kalam.'He befriends prince 's son,he was accused of theft of prince 's cloths,later prince 'son tells his father,it is not the case of theft, he himself handed over cloths to him ,the prince realizes his mistake,he sends him to same school ,where his son studies.The Stanley Ka Dabba" highlighted child labour ,it's story of boy ,apart from being intelligent student of English convent 's school ,he also works in hotel as labour,he impresses his teacher by penning down poem on her birthday,but he was abused by another male teacher for not getting his lunch box and scolds him for sharing lunch with his friends,finally ,the male teacher realizes his mistake ,leaves the school forever.
The disabled child also faces discrimination and stigma in the society and moreover, their rights were being abused by the society,The Hindi film "Koi Mil Gaya" revolves around the story of mentally challenged boy and teenager,Telugu film 'Anjali' deals with mentally challenged girl life.The "Taare Zameen par' deals about the child with dyslexia problem [learning disorder] 

The children /teenager tussle with their parents and constant intrusion of their individuality by over- bearing parents is another form of the abuse of child rights.The Telugu film Bommarillu [doll's house] deals about over-protective Father and sensitive son relationship,son develops bitterness towards his father for excessive interference[in all issues like dress,hair style,career or marriage] in his life,even at the age of 24,later father realizes his mistake.

Child and Law:In many countries children are not allowed to drive,vote, enter pub and there is prohibition of sale of Alcohol,cigarettes,adult movies or employment of child as labour[in India below 14 yrs].

The children don't have right to carry any business/trade or transfer the property,the minor's contract is void contract under Indian contract act ,they don't right to marry,until they attain the age of 18 years&even consensus sex or under- age sex is crime in the most countries.The age of consent is also matter of debate,in some countries,it is 14 or 16 or 18.The under -age sex or child sexual abuse or child pornography and child trafficking is considered as severe crime in most societies and severe punishment is imposed on perpetuaters.
Many countries ,the corporal punishment in schools is considered as crime and stringent punishment is prescribed in criminal laws.Many countries enacted special laws like Child Rights act to protect the child from abuse and their rights are well protected.India enacted law,making 'Right to Education' a fundamental rights in 2010,[Part-III of Constitution of India, 1950],there are many articles in the constitution which protects the child and their abuse.Many offenses relating child abuse are recognized by Indian Penal code ,1872.There are special laws in India and other countries like Juvenile justice act for juvenile delinquency and their rehabilitation. 

The Child &Over bearing Parents:
There is no universal accepted definition of child abuse and what constitute abuse is debatable issue in the world.What constitute authoritarianism or what constitute interference in young adults affairs?At the same time,the responsibility lies on parents to act cautiously or due care to protect the interest of children's welfare and well being.Any act of negligence towards to children& their rights is considered as crime in many societies.
Child &Reality TV Shows :
Many child rights activists complained about T.V Channels Reality shows and their excessive exhibition of competition among young children.Some of the them also criticized jury behavior and their comments on children performance affecting their psychology and self esteem.It has been observed that some of young child or teen suffered mental shock ,due to elimination in the reality shows.Many parents and child rights activists approached Child Rights Commission or Human Rights Commission to direct and stop reality shows.There are several allegations on parents are they are depriving child's education in the name of reality shows,games or sports for cheap publicity and exploitation of talent for commercial purpose.It is not a crime to nurture &develop the child talent ,but it should not be at the cost of basic and elementary education.

Many countries including India ,enacted law to enforce right to education to all children under age of 14 yrs,no child should be deprived of education for want fees.The denial of education and child labour is a statutory crime in many countries.
Some of the common form abuses of child,Teenager or young adults :

  • Are you excessively scolding your child for home work ;over-expectation beyond their abilities by insisting higher ranks or grades.
  • Are you comparing your kid or teen with other children and constantly belittling him or her ,not giving opportunity to learn according to his/her own speed or phase.
  • Are you stopping your child from watching T.V or depriving entertainment or games or recreation or holidays ?
  • Are you forcing teenager to study engineering or medicine by undermining his or her choice of subject?
  • Are you neglecting his /her health&nutrition?
  • Are you physically or mentally or psychologically harassing your child ?
  • Are you imposing your choice on him or her - clothes , food or career ,not respecting his or her individuality.
  • Are you denying child visitation rights of child [may be father or mother] in divorce cases.
  • Are you denying his /her friends company and interfering in the matter of friendship.
  • Are you denying the company of grand father/grandmother.
  • Are you respecting his/her opinions and view points or whether you are giving in -enough space to express his/her thoughts and opinion.
  • Are you denying any valuable information.
  • Are you expecting 100 % perfection from your child in all activities.
  • Are you forcing your kid to participate in various competitions like reality shows.
Then wait and ponder you are abusing your child ,you need to know the rights of child.
International accepted and known rights of Child
  1. The right to Education
  2. The right to Expression:
  3. The right to Information:
  4. The right to Nutrition
  5. The right to Health & Care
  6. The right to protection from Abuse:
  7. The right to protection from Exploitation:
  8. The right to protection from Neglect:
  9. The right to Development
  10. The right to Recreation:
  11. The right to Name & Nationality:
  12. The right to Survival
Convention on the Rights of the ChildThe Convention on the Rights of the Child is regarded as first legally binding international instrument to incorporate the full range of human rightscivil, cultural, economic, political and social rights.It was adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989;defines basic rights of children covering multiple needs and issues. India endorsed it on December 11, 1992.

Some of the operative part of the CRC
Article 1 Defines child as a person who is below the age of 18 years.
Article 2 Non-discrimination
Article 3 Best interest of the child
Article 4 Measures for implementation of rights
Article 5 Parents, family, community rights and responsibilities
Article 6 Right to life
Article 7 Right to name and nationality
Article 8 Preservation of identity
Article 9 Non-separation from parents
Article 10 Family reunification
Article 11 Illicit transfer and non-return of children abroad
Article 12 Expression of opinion
Article 13 Freedom of expression and information
Article 14 Freedom of thought, conscience and religion
Article 15 Freedom of association and peaceful assembly
Article 16 Privacy, honour, reputation
Article 17 Access to information and media
Article 18 Parental responsibility
Article 19 Abuse and neglect (while in family or in care)
Article 20 Protection of child who is deprived (temporarily or permanently)
of family environment
Article 21 Adoption
Article 22 Refugee children
Article 23 Disabled children
Article 24 Health care
Article 25 Periodic review of children in care
Article 26 Social security
Article 27 Standard of living
Article 28 Education
Article 29 Aims of education
Article 30 Children of minorities, indigenous children
Article 31 Play, recreation and participation in cultural life and the arts
Article 32 Economic exploitation
Article 33 Protection from narcotic and psychotropic substances abuse
Article 34 Sexual exploitation
Article 35 Abduction/sale/trafficking of children
Article 36 Other forms of exploitation
Article 37 Torture, capital punishment, deprivation of liberty
Article 38 Armed conflicts
Article 39 Recovery and reintegration (following abuse, torture, armed
conflicts etc.)
Article 40 Juvenile Justice
Article 41 Rights in other national or international instruments
The National Commission for Protection of Child Rights[NCPCR]:
The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007 under the Commission for Protection of Child Rights Act, 2005, an Act of Parliament (December 2005). The Commission's Mandate is to ensure that all Laws, Policies, Programmes, and Administrative Mechanisms are in consonance with the Child Rights perspective as enshrined in the Constitution of India and also the UN Convention on the Rights of the Child.The Child is defined as a person in the 0 to 18 years age group.

Conclusion :

The denial of rights to children amounts to Human Rights Violations.Many countries have formed child rights panels and hotline/helpline to address the issue of child abuse at home or school or society in general.There is a need for zero-tolerance of child abuse at home as well as in society.The government needs to work towards ensuring child rights protection and let them live with dignity and respect.The onus lies on the parents and guardians to protect their interest and strive towards healthy upbringing in a decent environment by providing conducive atmosphere at home.
Courtesy &References :
  1. UNCHR
  2. NHRC
  3. NCPR

M Ravi Kumar 
Advocate&Former consultant to A.P Women's Commission[200-1-2002],Legal Researcher ,RTI activist and Blogger..  
He can be contacted : mrk6789@gmail.com
9848040459

Saturday, September 24, 2011

Buying House/Plot -Dos &Dont to avoid cheating/fraud

Buying House/Plot-Do's & Don't to avoid cheating/fraud 
 
Owing a piece of land or house  is the dream of every individual[rich,poor or middle class]however ,one needs to be careful, while buying land or house to avoid legal hassles and wrangles.Which may cost your time and money,apart from mental agony of  pursuing cases in court of law and other authorities.

One must always remember the cardinal Latin principle  "Caveat Emptor" "buyer's beware"."A warning that notifies a buyer that the goods he or she is buying are "as is," or subject to all defects"" The law helps the vigilant ,before those who sleep on their rights "
The crucial exercise to be under taken by the purchaser is the investigation of the property and its title.The Nationalized Banks  will never loan, if the title is weak and ambiguous.

Warning :before buying a land check that land has clear and marketable title ,first find out tenure ,legal right of holder of lands in government records; tenure or possession right, whether free hold or leasehold or under government grant or sanad
always Remember;freehold is always preferable.It is  necessary to conduct the search in the Registry or Revenue, noting location details of the property and the ttile period to be checked.
The Agriculture land can not be used for non-agriculture purpose like group housing ,unless necessary approval or permission from local  Panchayat office ,especially suburb area of the city or town. If property is in the village panchayat area.

   Basic check list
  1. The property is transferable or not [inherited/joint  or self acquired property]
  2. The transferor is competent to transfer or not
  3. The transferor is qualified to transfer or not
  4. The object or consideration for the transfer is lawful.
  5. The transfer has been made and completed in the manner prescribed by law
  6. The property being sold is free from restriction for sale under Land Ceiling Act
  7. Always insist original documents with map for initial survey of property.&legal ownership document issued by Revenue Department  under proper seal of Tahsildar[Terms : Title book,Patta,Adangal,Pahani],whether they are authentic documents with proper seal and stamps[in case of sale deed]
  8. The title of owner shows "No Encumbrance" on the date of purchase and obtain NEC of 30 yrs  and shows no outstanding mortgage on the property to be purchased.
  9. If third party is involved in sale viz Real estate agent or promoter,verify whether he is legal entitled to sell the property like Ownership /Registered Power of Attorney.
  10. Seek the help of registered valuer to ensure the price quoted is correct as per market value.
  11. Verify the municipal tax receipts, electricity bills and water bills to ensure that there is no outstanding bills before purchasing the house.
  12. Ensure and verify the house got necessary approval and permits from competent authorities like Municipal permission for building with approved layout and cross verify any gross violation of approved lay out by builder or house owner .What is the post -maintenance arrangement of the apartment ?
  13. Verify the claims of builder or promoter and its antecedents ,their past constructions and their quality.Some times, advertisement can be misleading and deceptive to lure people with colorful brochures promising various amenities ,which may not be fulfilled by builder or promoter ,while delivering  the property.
  14. Verify the Real estate agent antecedents before seeking his help,it is prudent to avoid them,Verify whether housing society is registered body.  
  15. It is prudent to survey the property [land /house ]by making detailed personal inquiry  with local people.
  16. In case of cheating or deficiency of service by builder /promoter or real estate agent ,you can approach consumer forum directly through letter or representation with out any help of Advocate/LP or police [cheating element is involved]after taking thorough legal opinion.
  17. Ensure the meticulous and careful planning of sale transaction from investigation of title to sale deed with proper stamp.
  18. Apply for name change in Municipal office or Tahsildar office ,after sale transaction formalities were completed for possession purpose.
  19. Be cautious in money matters especially sale consideration,you can approach courts for enforcement of agreement to sale or  part -performance of sale transaction is not performed by the seller after receiving advance money or full money.


In case of any doubts about veracity of land documents ,it is prudent to approach the nearest qualified legal practitioner or professional to conduct extensive investigation of land and its title,it is advisable take the help of legal practitioner from initial stage itself to avoid pitfalls,especially people have no formal knowledge of property transactions[even though it is not necessary to approach  LP,if  you can handle things with good common sense].
The moot point to be noted is that with sheer mental alertness and common sense ,we can save our self from cheating/fraud  and ensure the smooth transaction of property.

Any negligence on the part of the purchaser will be fatal and will have to bear the heavy cost ,through litigation and mental agony. 

Note :As per recent judgment of Supreme Court of India ,the aggrieved party can directly approach consumer courts with out any help of Advocate or LP.No forum can reject the case of aggrieved party for the want of Advocate / LP.




Tuesday, September 13, 2011

Please avoid wrong side of law

Please avoid wrong side of law:
The Latin terms " Igorantia facti excusat means ignorance of fact excuses;Ignorantia legis neminem excusat means Ignorance of law excuses no body.Every person presume to know  the piece of  legislation of the country.If you commit illegal act,you will not be pardoned, because you are ignorant of law.The common man is unaware of many laws and regulations, some times even educated people feign the ignorance of existence of the law and regulations , the law is nothing but common sense,respect it to avoid problems.There are many  laws and regulations ,which are professionally enacted by experts for common good and welfare.
Know the law:
  1. Obey all laws  for your own good  and laws are made for common good,one must respect constitution,national emblem ,anthem and flag.
    1. Do not take law into hands by hurting  ,assaulting,injuring or killing other person ,except for private defence or else you will face criminal action,report to nearest police station ,if some body is misbehaving with you&troubling you .
      1. Always respect privacy of others ,avoid scandal's remarks and malicious statement or base less allegations ,You will face defamation case.
        1. Avoid negligence viz rash,negligent,drunken driving,handling poisonous substances,licensed weapons;your negligent action not only invites peril to you and but also others ,negligence may  cost your life  also.     
          1. Be respectful to public officials viz. show your identity cards ,driving license and other documents ,whenever demanded by law enforcement officials like police/RTA.
            1. Don't hide any information ,when public officials knock your door for purpose of voters list &census ,cooperate with officials or give total cooperation with police ,if they are investigating any crime.
            2. Don't play with public document like Pass-port,Pan card,Ration card ,Adhaar card,Land documents [pattedar pass book or title books],Voters card ,remember you don't have power to do self- corrections ,altercations or modifications.Don't get public documents with false information,it is offence.
              1. Pay your taxes and public utility bills promptly and  regularly to avoid legal complications Viz .Municipal tax ,Income tax,Professional tax,Wealth tax,water ,electricity  etc. 
              2. Obey all traffic rules and carry all documents like Driving license,registration and insurance papers ,drive your own vehicle and don't give your vehicle to others or under-aged son or daughter .Any negligent handling, you are unlikely to get insurance settlement amount and may face criminal action .
              3. It is advisable to construct your house according to Municipal authorities/panchayat  approved plan &lay-outs and avoid legal problems.
                1. Don't let out your house without any ID proof of tenant ,insists for written rental deed.Keep an eye on tenant and his activities,report the law enforcing officials ,if suspicious or anti-social activities of tenant.Legally owner can be made liable for tenant's crimes.
                2. You are duty bound to give information to law enforcing authorities ,if any body is planning any unlawful or anti-national activities or conspiring to commit non-cognizable offenses like Murder or rape,legally hiding information amounts to crime.
                3. Avoid habitual litigant tag, settle your all disputes amicably through discussions,negotiation and conciliation methods rather than approaching courts.If family joint property disputes are involved ,seek the help of elders and relatives.
                4. Please cross checks the antecedents of bride or bride groom or person who are loving or life partner or companion before committing to life long relationship[like job&family background,cross check antecedents of bride and bridegroom staying abroad];Don't give or take dowry / costly items ,it amounts to crime.
                5. Settle your marital problems through counselling and negotiations ,don't rush to courts and police ,don't wash your dirty-linen in public ,approaching courts&police should be last option or last resort .Some times, filling cases /seeking the help of the police can be counter productive and complicate the issues.
                6. If you respect other's   privacy,your privacy will be respected-be good neighbour by behaving sensibly &don't cause nuisance to them [like using loud speakers&dumping waste]
                7. It is advisable to cross check before employing some one[driver/maid] ,demand documents like I.D proof and photographs,be sensible with your employees,however rude they may be.Never employ children ,it is an offence.
                8. Do ethical business &adopt ethical business practices,do business legally by following registration process,be it solo,partnership,limited liability partnership or company business.It is advisable to follow due process of law ,while removing employees from rolls,don't adopt&follow hire-fire method,you are duty bound  to follow all  regulatory compliance and legal due- diligence to avoid litigation and bad reputation in society.
                9. If you are seeking employment ,give correct information and accurate data,don't furnish false information&false certificates,it amounts to cheating for seeking employment.employment. Don't hide information of past court case,it amounts to intentional suppression of material fact.  
                10. Be good &informed consumer[Buyers-be-aware];Cross check your items before purchasing items like warranty,date of manufacture,date of expiry,manufacturer address/help line.Insists for original finale receipt than in -voice of transaction,it helps in case of replacement or litigation for damages,un-receipt transactions means un-accounted ,it amounts to cheating /making black money.
                11. It is advisable to re-pay your bank loans ,the same amount will be used for lending loan  to other needy people.It is advisable to cross check bank transaction&exercise due &caution in all transaction  especially ,when you are ATM-Credit cards-Online payments to avoid complications&fraud.
                12. It is advisable  to invest recognized banks  &financial institutes ,don't get lured by fake bank&F.I ,who promises high rate of interest .
                13. It is advisable to admit your children in legally recognized educational institute &universities,avoid trauma of getting fake certificates and losing career.Legally recognized means institutes with valid recognition from State Government,Central Government ,statutory authorities like HRD /UGC/AICTE/MCI/BCI/PCI etc
                14. It is advisable to avoid buying pirated or fake goods ,you are encouraging sellers to violate Intellectual Property Rights.
                15. Always remember,when you are visiting the foreign country  for the first time ,know its rules ,regulations and culture.Always  carry documents with you and be perfect in documentation to avoid immigration problems ,avoid agent's services.It is advisable to cross check the foreign university/employer legal status before taking admission or job and avoid visa /immigration problems.Beware of NRI bride and bridegroom background,many cases of cheating reported.Don't route your money through hawala operators ,always chose legal routes to remit the money.  
                16. Don't give bribe for priority preference of your work in any public offices ,don't approach touts and middlemen for any work,giving or taking bribe amounts to crime.

                  Self Help is best help :
                  •  No one can get away with crime ,however ,smart she or he presumes , obviously laws are made to be  respected and followed.The law  will take it own course ,in case of any breach,even smart people like Ramalinga Raju[even got best 'Global Entrepreneur award'] or Gali Janardhan Reddy never thought [even in dream] that they will be jailed for wrong doing after enjoying life like emperor.The fraud and justice never dwell together. 
                  • If you have any doubts about any law or state regulations,it is advised to approach nearest qualified legal professional to seek appropriate advice to avoid complications and messy situation.A wise counsel can save your  life and protect you from disgrace and humiliation.
                  • If you belongs to S.T. S.C or Women or economically poor ,state legal aid is available at free of cost,you can approach nearest court, where state legal services authority office is located to help you in case of any grievance or pursuing litigation.
                  • If you are residing in foreign country,you can approach your own  embassy for help.If you are facing legal problems/false implication  ,you have right to represent lawyer/inform your near &dear. 
                  Always remember law helps those,who are vigilant ,not indolent [ one who sleep over their rights].Law does not regard a fraction of day.Law is friend of none.

                  "All things and all people in life have to sink or swim on their own merits"

                  "He who is placed out of the law is civilly dead".

                    Saturday, September 10, 2011

                    Live -in Relationship-Legality

                    Live-in Relationship-Legality :
                    There is no legal bar in India for women and men staying together,as it is matter of two consenting adults and live -in relationship is not socially accepted in India and still considered as taboo and sin.No one will prefer to have unmarried couple as tenants, unless they are convinced that couple is legally married or unless they mislead the house owners that they are married.

                    The author of this article is neither criticizing nor supporting the concept of Live-in Relationship.This is only critical examination of the issue.

                    The Supreme Court : Law and morality 
                     The Supreme Court of India ; bench consisting of Chief Justice K G Balakrishnan, Deepak Verma and B S Chauhan in actress kushboo case said "When two adult people want to live together, what is the offence. Does it amount to an offence? Living together is not an offence.It cannot be an offence,"The court opined according to Indian Mythology even Krishna and Radha lived together."[1] “Please tell us what the offence is and which section of law applies?”The apex court also cited Article 21 of the part -III of the Constitution of India,which expressly guaranteed the right to life with dignity, liberty and respect, and court also stressed that the perceived immorality by a few protagonists of morality cannot be branded as offence.."The major girl is free to marry any one and she can live with any one ",The live-in relationship between two consenting adults does not amount any offence ,which is heterosexual in nature [which is contrary to Adultery ,which is offence under Indian Penal code 1872][2],The Kusbhoo case will be known for upholding of freedom of expression ,free speech ,individual rights ,she has right to express her views on any subject within parameters of law.The supreme court did not any fault with her views,opined she has right to express her opinion.
                    Later ,Justice Balakrishnan criticized media for making the issue of his remarks about Radha-Krishna relationship,when Hindus opined Krishna was just 10 yrs,when he left virdavan , how can child can have sexual relation at such young age,more over it wrong comparison,devoid of merits,but said observation about per-marital sex,sparked intense debate ,whether Supreme Court is endorsing Pre-marital sex and relationship out of wedlock.Whether it is legalizing bigamy and extra -marital relations?

                    In 2001 ,Payal Sharma Vs Superintendent, Nari Niketan and others case,the Allahabad High Court , the bench consisting of Justice Markandeya Katju & Justice R B Mishra held that ’In our opinion, a man and a woman, even without getting married, can live together if they wish to. This may be regarded as immoral by society, but is not illegal. There is a difference between law and morality.”

                    Traditional &Customary view point :

                    The most hardcore moralist and traditional Hindus criticized the said observation ,there were of view that it will damage the institution of marriage and encourage extra-marital relationship and casual sexual relationship ,out of wedlock ,which will dilute the concept of holy marriage or scared union .which will cause damage to the age old -family values practiced by Hindus since time immemorial.They are of view that losing virginity is sin as per customary law ,in Mythology Kunti abounded Karna ,because he was born out of wedlock.The Rama is ideal husband and Sita is ideal wife.Many are of view that if live-in relationship is encouraged ,it will increase Teenage&child pregnancy,HIV,children born out of wedlock may be not properly brought,which will lead to juvenile delinquency.It will have adverse impact on the society.The fact is that Hindu Marriage laws are no more religious law or customary law ,it has assumed secular character after codification in 1956.The Hindu marriage act 1956 is also applicable to Sikhs,Buddhist and jains.

                    Liberal view point :

                    Most liberal thinkers opined that ,it is progressive pronouncement by the apex court ,at last the court in-deed ,accepted the concept of dating ,which is prevailing in cities and towns and it is reality that most young dating couples are entering into live-in relationship to test their compatibility to each other ,the cohabitation will allow them to understand each other well ,which will help them to take decision for permanent commitment through legal marriage and legalize relationship by entering into legally valid marriage.It is better opt for live-in relationship than going for divorce,this is basic logic of live-in relationship in western countries.This purely western concept of relationship based individualism ,primary motive is more freedom,monetary independence ,non-interference of their personal affairs and career.
                    Many are of view that If the live -in relationship is recognised by the courts , they can get alimony[maintenance] and other benefits like legal accepted marriage "it will give protection to dating couples like maintenance[alimony],domestic violence [PHYSICAL, MENTAL , SEXUAL ABUSE &ECONOMIC] as progressive legislation like The Protection of Women from Domestic violence Act , 2005 had , in fact , recognised the concept of live-in relationship and aggrieved women of such relationship is entitled for relief on par with legally wedded wife.
                    What is Definition of Live -in Relationship :

                    What is live -in relationship, whether mutual cohabitation,whether one night -stand of ,one weekend or one month or one year cohabitation amounts to live -in relationship , in a given case ,if man and women cohabit for a week for dating purpose ,then they parted ways after a week ,if women files case for maintenance ,whether women is entitled for maintenance or not,in such cases, courts were of opinion that it does not recognize "walk in -walk out" type of live-in relationship,said relationship should be for a long period of time marriage like commitment only such relationship are legally recognize for awarding relief under law.

                    Legal definition of Live-in Relationship:
                     The Supreme Court said in Patchalammal case , not all live- in relationship is recognized ,relationship in nature of marriage are only recognized.The court opined that merely spending few weekend or one night stand would not make domestic relationship ,while disposing case filed under protection of women from Domestic violence Act 2005.
                    There four key requirement to fulfill the criteria of live-in relationship
                    1. Legal age to marry,
                    2. Qualify to enter legal marriage
                    3. Must be unmarried
                    4. Voluntary cohabitation should be for considerable period of time

                    Advantages of Live-in Relationship
                    1. Freedom,convenience, and no restrictions or no commitment on each other, based on concept of protecting individuality ,western concept of individualism,no domination on each other, non interference in their personal activities and career.
                    2. Easy to enter into relationship ,without any formalities or unlike customary rites like sapthapadi or kanya- dhan or mangalsutra dharan,no dowry or jewelry for traditional marriage.
                    3. No need to spend huge money on engagement and marriage ceremony
                    4. Easy to break with no legal hassles.
                    5. Easy to enter another relationship ,unlike in normal marriages,couple has to face arduous and protracted litigation to get divorce and wait for notice ,then re-marry.

                    Disadvantages of Live- in Relationship:
                    1. Not a legally recognised relationship.
                    2. Faces social problems.
                    3. No support from family& bound to get isolated in social circles.
                    4. Children born out of live-in relationship faces problems.
                    5. Insecurity &Threat of breaking, bound to haunt couples.
                    6. Tussle between legal wife&her children and live -in spouse &her children born out of live -relationship,disputes of inheritance of property and money may end up in courts.More scope for legal problems due to non- acceptance of live -in relationship by existing legally wedded wife ,especially in bigamous relationship.
                    Live in Relationship &Social acceptance :
                     Many opined that there are many successful living examples of live- in relationship,moreover, we can say successful long term commitment to each other is important ,which are prevalent in higher classes in urban educated class society and such relationship does not harm the institution of marriage ,even there are examples of unsuccessful arranged marriage with excellent horoscopic match,which are leading to divorce.The Live-in relationship will co-exists with legal marriages.The India ,being plural society will accept live-in relationship ,if they are accepting gay relationship.There is demand to decriminalize 377 IPC and the Delhi High Court in Naaz foundation ,opined that time has come to decriminalize 377 IPC,social deviant gay relationship,this issue is pending with Supreme Court of India.The Courts do not exists for Moral policing :It is a illusion say that supreme Court has given green signal to pre-marital sex or sex out of wedlock ,it has only accepted fact,this trend is widely prevalent among higher class and upper middle class youngsters in the urban society and second marriage /relationship out of wed lock is prevalent in urban and rural societies ,they should be legally recognise for giving relief in case of abuse of said relationship,because in these cases ,the women will be at receiving end ,needs legal protection against abuse.The Supreme Court recently held that children born to second wife are not only entitle for maintenance ,but also share in the ancestral property,whether we can construe that said judgment will encourage the bigamy.It is only accepting the fact that second marriage is widely prevalent and exits in society and court have to render them equitable justice,on par with legal marital relationship .It will be grave injustice to victims of illicit relationship and children ,if supreme Court refuses to accept the cases of maintenance,alimony , inheritance merely because ,the second marriage [with living spouse &earlier marriage not legally dissolved] is criminal offence under the provision of Indian Penal Code,1872.

                    Conclusion :

                    The courts do not exists for any moral policing or imposes its choice on people ,it up to people to chose between live -n relationship and customary marriages [legal] relationship to save their own self interest.The court 's duty is to render justice to the aggrieved person.The people are matured in -enough to make choice between marriage and live -in relationship.Many traditionalist believe that youngsters are losing values ,progressive people view it has pragmatism ,as we have entered into information age.Even live-relationship is not morally accepted in the society and still considered sin.But relationship has become a reality and emerging trend in the urban areas among educated and higher classes even though it is by-product of western,consumerist and materialistic culture ,needs to be recognise for the purpose of according legal protection from the abuse.The society can not deprive their rights on the ground of protecting social morality and the issue of remedy for violation of their rights should be accorded at- most importance.The Hindu marriage Act 1956 is secular act,bound to change ,according to needs of the society.The various judgements of the courts speaks that the law needs to change,according to changing circumstances and societal perceptions.
                    References :

                    1. S. Khushboo .V Kanniammal ,CRIMINAL APPEAL NO. 913 of 2010 [Arising out of SLP (Crl.) No. 4010 of 2008] (2010) 5 SCC 600 Supreme Court quashed all 22 cases filed against her under section 499 ,504 ,505 IPC for her remarks about pre-marital sex.
                    2. Lata Singh Vs. State of U.P. & Anr., AIR 2006 SC 2522
                    3. Velusamy v D. Patchaiammal (2011 Crl. L.J. 320)



                      Thursday, September 1, 2011

                      Whether Books will disappear in Digital age ?Digital Age; bane or Benefits

                      Whether Books will disappear in Digital Age ?Digital  Age: bane or Benefits :

                      John Walsh laments the death of the reference book in an article published in the book section of "Independent".It is the fact that we are in information age or Google age and most people,who are familiar with computers are switching to E-book and online resources,instead of using public library &information facilities,it appears that in Google age /internet age ,no one is using or ordering the dictionaries like Oxford dictionary ,Cambridge dictionary ,Chambers dictionary ,Thesaurus or Encyclopedia Britannica.

                      The Encyclopedia Britannica ,voluminous reference books becomes first casualty of digital revolution or internet revolution,publishers decided to halt the print publication after 244 years of publishing,it's legacy dates back American Revolution,32 volumes 2010 year edition will be last print edition from house of Encyclopedia Britannica However online edition will be available.Over the years the 'Wikipedia' emerged as a competitor to Britannica Encyclopedia,most experts say it is as accurate and as good as Britannica Encyclopedia.

                      Even lawyers are not any showing interest in subscribing journals and books,showing more inclination for using online web resources available in websites like All India Reporter ,Supreme Court Cases,state act &central acts available in their own Bar Association cyber centres.

                      Since early century ,the solicitors /lawyers office means huge collection of law books,law lexicon,voluminous commentaries,and journals like AIR manuals etc ,now laptops and Personal computers has replaced the books and journals,due to availability of all statues and journals in the websites,they are available with finger ouch.

                      Online Research&Reduction of library usage:

                      Most university campuses and colleges have "WI-FI" connectivity.The information is available with a click of button,no need to spend time in library for doing research.
                      Most students are opting to online research rather than subscribing the membership of public libraries,During 1990[when internet was not that popular],when I was student and teenager,I was used to visit to all public libraries in Hyderabad city ,like British Library,American centre [ASRC-O.U campus],Osmania university Main Library ,Central Library ,Afzalgunj,Hyderabad and City Central Library Ashok Nagar,Hyderabad and even I had opportunity to visit Hyderabad Central University library.
                      When I was law graduate student,my teachers used to advise us to do extensive reading of the books,spend time in libraries reading all journals and lengthy reference texts books like constituent assembly debates for deeper understanding of constitution or M.P Jain's two volume Constitution of India,Maxwell' s law of interpretation of statues ,Halsbury's Laws of England or Privy Council Judgments.

                      But it is matter of irony that ,the present generation of students ,don't even know that such books exists and treat to read.Ironically, most of them the students are unaware of cataloging process of books in library.
                      Reading Book is a thrill not E-Book:

                      Most people,who have opted out reading books for E-books will surely miss trill and enjoyment of the reading books especially during night -bedtime or during early morning with tea.There are many benefits of reading the books,when compared to reading E-books ,which will strain the eyes and brain.

                      Publishing companies and their worry:


                      Most publishing companies and writers are worried about the E-book revolution and wants to curb the piracy of their works.Most worrying aspect for all publishing companies is decrease in number of readers and web revolution like E-Book culture and online resources.
                      It is understandable ,they are trying desperately to increase the readers by conducting Book fairs ,collective reading sessions ,discounts sales and maintaining the book clubs.

                      We need to preserve the reading culture in web-revolution and It is advisable to in calculate the reading habits in children and teenagers.There is need to build awareness about benefits of regular reading.There is a need to curb the excessive internet usage,which is directly killing people's reading habits&reduction of motor skills.


                      References :

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