Saturday, October 22, 2011

What is Occupy Wall Street Movement ?

What is Occupy Wall Street Movement?


This is a new urban revolution,the Hundreds of people,even with pets [like dogs]gathered and occupied Zuccotti park plaza [NY],now it is called as 'Liberty park' in support of movement called"Occupy Wall Street Movement",while Zuccotti park neighbors complains about the noise of drums,garbage and people defecating near their doorsteps and the police looking to crackdown the OWS movement by charging with misdemeanor against the celebrities addressing the gathering at Zuccotti park and legal firms offering services like legal protection shields for the  participants,who may face any legal  action[like trespass or public nuisance]for being member of OWS movement,interestingly,similar movements started in London called "Occupy London Stock Exchange movement".It is reported in media that OWS has spread to over 90 countries[including Asian countries]across the world .
Greek youth getting inspiration from UK riots, which was started by unemployed youth,who were chasing few jobs or even one job and indulging in riots.Even in India,Telangana region's[which is in south Indian state called Andhra Pradesh]hundred of  educated unemployed youth chasing few government jobs and alleging that their jobs being fleeced by the youth,who are non-locals.Some of them[more than 600 students/youth]committing suicides,which resulted in mass movement with a  demand for separate state to protect their interest.
I don't see any difference between UK riots or Greek riots or s Delhi's Ram Leela grounds crowd gathering to support the  anti-corruption bill to clean up Indian system or Telangana mass movement,their demands are the same ,that is common good of the people,it may be employment,social equality,good governance or decent standard of living.
I don't see any difference between A.P High Court Advocates being physically lifted by the police for agitating for Telangana state or London Officials directing the people to vacate premises of the London Stock Exchange or operation Zoccutti park  clean up.

What is Occupy Wall Street Movement ?
The common questions asked by the commoners;what is OWS movement[ Zuccotti Park]?what are its demands?who is the author and inspire'r of the movement ?Why they are pushing such movement?Whether it has political agenda like overthrowing incumbent government and placing opposition in power?Whether movement's main aim is to change the political system or economic system ?Whether movement is pro-Marxist or Leninist agenda or free market agenda?Whether movement purely directed towards merely correcting faulty or defective financial system and expose the corporate greed?whether movement purely directed towards promoting social equality by reducing unemployment, promoting public health care,education or housing?Whether movement is the assertion of American Nationalism and promoting patriotic spirit among the nationals?Whether it is purely resentment of public that public money being spent in wars in the name of 9/11? 
We don't have immediate answer to above questions, because the main theme of the movement is not yet framed ,we don't know who has taken responsibility of framing the main issues of the movement.What we understand it is moral movement or value-based movement to restore the new world order.

The most protagonist of OWS movement allege that when America call itself world police or mentor of the world,when US itself is in myriad problems[financial crises to unemployment],How it can do justice to its own self -imposed duty of mentoring the world and world policing.
There is lot of resentment among the Americans for bailing out of big financial companies,who are responsible for financial mess or crises?There is deep sense of anger among Americans  and Europeans,directed towards big corporation for their greed for money at the cost of people's welfare and national's well being.
The most protesting people and experts were angry at US military spending in the name of 9/11 attacks,It is reported in media that US Congress had approved a total of about $859 billion for the military operations, base security, reconstruction, foreign aid, embassy costs and veterans’ health care for the three operations initiated since the 9/11 attacks: Operation Enduring Freedom (OEF) in Afghanistan, Operation Noble Eagle (ONE) to provide enhanced security at military bases abroad, and, Operation Iraqi Freedom (OIF),what they called unproductive expenditure,while household and employment earning has been robust.
The people are critical of diverting money for unproductive expenses like war in the name of fighting terrorism,which resulted in financial crises.The experts say that US’s total public debt is over 100% of its GDP.
In the present global order,the corporates are flourishing by  plundering public wealth and other hand,thousand  of people are suffering from unemployed,poor public health and housing,there is growing sense of frustration in the youth population.
The Republican senator McCain gave an public statement expressing his sympathy with OWS movement,even Mr.ManMohan Singh,Indian Prime Minister and U.P.A Chairperson,Mrs Sonia  Gandhi expressing concern about growing  Corruption and giving public statement,they too supporting the Anna Hazare anti- corruption movement,eventually doing nothing to weed out of scourge of corruption.  

We don't know the immediate result of OWS movement and how the state will treat such movements.Whether OWS movement will achieve any result is hypothetical question.But created huge impact on the minds of general people,social scientist or social critics and there is a huge debate that the people wont keep quite,when state ignores welfare of the people by diverting public money for unproductive expenditure like war,there is also a debate in academic circles,what is an alternate to capitalism or free market economy,when corporates are being criticized for unjust profits and greed for money. 


References :


Thursday, October 20, 2011

Bullying and Ragging in Schools or Colleges

Bullying and Ragging in Schools or Colleges:


In USA,the October month is regarded as "Bullying Prevention Awareness month",every student is a victim of bullying or ragging in schools or colleges or universities.The various studies have indicated that children who indulge in bulling,he or she more likely to have a criminal  personality traits by the age of 24.The Children,who indulge bullying may continue to be bullies as an adults, and are more prone to becoming child and spouse abusers.

The bullies may be become a victim of substance/Alcohol  abuse and one of the possible reasons of excessive bullying or ragging is being a product of negligent parenting[working parents with irresponsible attitude ]or due to matrimonial discords or due to single parenting or personality disorders,or psychological  disorders like depression or anger or jealousy of performance of fellow students,but bullying and ragging[welcome gesture to fresher]to a extent is fun,if it is in form of mild teasing,if it exceeds limits,it is regarded as perverted and deviant behavior.It ought to be regarded as criminal act,when ragging or bullying takes criminal dimensions.



The incidence of bullying[adult or child]are reported in schools,play grounds,social&recreation clubs,Shopping malls, work places,hospitals,universities,colleges,public transport and other public places. 
Bullying :
Bullying is an intentional acts to harm others physically, emotionally,verbally or mentally.The bullying may takes place in school or neighborhood,there are many cases of cyber bullying are also reported or cyber stalking also perpetuated by unknown person in social networking websites ,the bullying also involves threats,intimidation,coercion.The sexual abuse and racial abuse in schools or colleges is also one of the form of bullying.
The act of bullying or ragging  is perpetuated by one  individual or one or  more individuals forming in group to  bully one individuals or another group of individuals[peer].
  • The bullying should be taken seriously by school management. 

  • Every school should have child counselor or psychiatrist to tackle such behavioral problems. 

  • The parents should be informed about child's misbehavior.

  • The parents should be given counselling and they should be suggested to spend more time with children to rectify the behaviors.

  • Prevention is better than cure ,the good character of child can be molded at an early age to avoid further embarrassing problem of adult life [criminal acts or spouse abuse or substance abuse or suicides]. 
     
  • The counselling of victims should also be undertaken to avoid psychological or behavioral problems or suicides as result of guilt or shame or helplessness.

Ragging in Colleges /Universities:

One of the worrying factor in the present educational system in India and other countries is Ragging or teenage bullying,which is rampant in colleges or universities, despite laws enacted to curb such deviant behavior of students.

The fresher faces ragging in all educational institutes.There are several instances of ragging reported in prestigious engineering and medical institutes,several suicide cases were also reported.  


UGC Regulation On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009 

This regulation was framed by University Grants Commission ,India, after directions given by the Hon'ble Supreme court in University of Kerala v/s. Council, Principals, Colleges and others case,(2006) 8 SCC 304. 

This regulation defined what constitute ragging and what are remedial measures are to be taken by management of institute to prevent the scourge of ragging ,one of important provision is formation of the committees to  look into complaints of ragging and referring for necessary action like rustication [TC] from the institute and instituting appropriate legal action like filing criminal case under appropriate provisions of the law. 




 Circular of UGC-No. F. 1-127/2011 (Anti Ragging)

All institutions are required to take necessary steps for its implementation in toto including the monitoring mechanism as per provisions provided in the above regulation and ensure its strict compliance.
The following preventive measures for Anti-Ragging should also be strictly followed:-

1) The Institutions may erect suitable hoardings/bill boards/banners in prominent places within the campus to exhort the students to prevent or not to indulge in ragging and also indicating therein the names of the officials and their telephone numbers to be contacted in case of ragging.
2) All Educational Institutions should form an Anti-Ragging-Committee and squads and dedicated cadre of wardens and professional counselors to ensure that the directions of Hon’ble Supreme Court of India and Justice Raghavan Committee recommendations are followed without exception.

3) An affidavit must be obtained from every Student, Parent/Guardian separately as per clause (m & n) of Regulation 6.2.
4) The Institution may also undertake other forms of campaign as it may consider appropriate for prevention of ragging.
5) UGC has uploaded a film on anti-ragging on its website. All universities and colleges are requested to download the same and give wide publicity amongst the students, before the start of the academic session. Besides, this may be constantly monitored during the entire period of the academic session.
Any violation of UGC regulations as cited above or if any Institution fails to take adequate steps to prevent ragging or act in accordance with these regulations or fails to punish perpetrators of incidents of ragging suitably, UGC shall call for punitive action against erring institutions.

Students in distress owing to ragging related incidents can access the toll free helpline -1800-180-5522

There is a need to initiate more measures to curb the menace of ragging ,ironically ,the issue of ragging is taken seriously at the time of admission and freshers enter institute ,while ragging continues all round the year and it will continue subsequent year.  

 

 The cyber stalking /bullying

This is latest trend in present generation of students, and youngsters ,perpetrators[known or unknown]target gullible students in social networking websites like Face Book or Orkut.The several cases of posting of morphed photos or other mischievous cyber criminal acts to defame and humiliate their targets were reported,especially, when female student spurn the companionship offer or love or marriage proposal of male students ,such attracts the provisions of cyber laws[IT Act 2000 as amended 2008] and normal laws like Indian Penal code.

 

There are cases where college students throwing acid or injuring  innocent college girls ,merely because they spurned their offer of friendship or dating.  

The UGC should initiate action against university or institute ,which are not following regulations in letter and spirit and equally school management should also take steps to ensure there is no bullying in school.




    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".

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