Judicial Manipulation Rocks the Nation

Judicial Manipulation Rocks the Nation

 Our judicial system is based on manipulative finesse and exploitative abilities of the lawyers. Smartness of the advocate or solicitor may allow the criminals to walk freely. Fairness of judicial system resuscitates the entire national edifice through distinguished and valuable verdicts, while maintaining symmetrical impartiality. The system ensures provision of justice to every citizen, irrespective of color, creed, caste, political affiliation, socio-economic status, prestige and degree of influence.

It took 13 long years to give a verdict on Salman’s rash and negligence driving, whether he was drunk or not, a diificult conundrum for the experts and obfuscating the process. He was involved in an accident at a footpath in Mumbai bandra area, where one got killed and four injured. There were two others in the car: Personal Security Officer (PSO) Ravindra Patil of the Mumbai Police (since dead) and Mr. Khan’s friend Kamaal Khan, a singer. Salman fled from the place of the occurrence. The FIR , was filed by the PSO , Ravindra patil at Badra Police Station , mentioned that Salman was driving irresponsibly  and was over indulged with alcohol intake . The Case got registered under Sec 304 ( Culpable homicide not amounting to murder )  / 294 ( Rash and negligent driving ) , along with sec 304 –A (causing death by negligence) and Section 338 (causing grievous hurt by act endangering life or personal safety of others) of IPC and a few Motor Vehicle Act provisions. He was released on bail later on. After 10 days he was again arrested when the IPC section was altered to 304-Part II (culpable homicide not amounting to murder by an act with knowledge that it is likely to cause death, but without any intention to cause death). He was under judicial custody for 14 days and released on bail . A chargesheet was filed under sec 304 of the IPC , after investigation. The trial was knowingly delayed / prolonged for 7 years . The Court delivered the judgement of 5 years of rigorous imprisonment , he appealed before  the Mumbai High Court and he was acquitted of all the charges . ( Very funny , I am surprised as a lawyer , the incident happened in 2002  and the sessions trial began in December 2013 )

The FIR is an unchallenged and scared document and there was no unusual delay in reporting. There is a provision that if the person filing he can explain reasons for the delay to the court’s satisfaction, the report retains its value. There was no delay in this case. The FIR , only describes the basic facts of the incident rather describing everything in details , further it can be investigated thoroughly. It was a misfortune that Patil died before he could be examined before the Sessions Court. Patil was harassed by his own department and some outside elements to make Salman out of the mess. The sudden appearance of one Ashok Singh is quite surprising and a twist in the case, when he told he was driving the Car. According to me, it is an artificial statement and fabricated one. Further according to the defence, the accident happened because the tyre was burst. The motor vehicle inspector investigated the vehicle and noticed that there was puncture in the left wheel of the SUV, which might not lead to such mishappenning. The whole investigation was tawdry, poor-quality, inferior, and low graded. Salman’s verdict or acquittal was unjustified and irrational. He was acquitted under benefit of doubt not a complete and clean acquittal. This shows that there are flaws in our laws and our corrupt lawyers and leaders misuse them according to their whims and fancies and abuse the process of law. There is utter and urgent need to amend the defective Laws and Constitution.

In a democratic country like India, judiciary plays a vital role in establishing a state of justice. Therefore being the watchdog, they are not allowed to shift their burden to others for their failure to establish an actual State of Justice. It is judiciary on which millions of people have struck their faith of getting justice. It has the capability of imparting justice to the aggrieved. It is that part of our constitution which acts as its Messiah. It is that structure of our society, which cemented its place next to the God and if not properly dispensed will shatter down the entire trinity of democratic instrumentalists with checks balances, parliamentary structure and the judicial facets of our constitution. Generally, aggrieved with lots of pain anguish and hope in their heart approaches the court of law for their grievances to be clarified but at the end of the day the procedural lacuna left them with bare hands. They are denied of their most important right of Justice.

Take for example The massacre of Niroda Pataya is beyond descriptions, horrible, horrific, horrendous and it shivers down the spine. In the case, 97 people, mostly from minority community (Muslims), were killed in 2002.  The train Carnage at Godhra triggered, a massive riot in Gujrat , but Niroda Patiya is beyond imagination and highest death toll . In this case, all the Hindutva outfits were involved ( RSS, Bajrang Dal, VHP & some BJP leaders ) . They were outraging the modesty of the muslim women, torching women , children by burning them alive. The National Human Right Commission filed a Writ Petition against the Government of Gujrat & Others before the Supreme Court of India, which was

decided on 1/5/2009 . The prime accused were Babu Bajrangi , Raju Chobal, Harish Rohera , Kishan Korani , P.J.Rajput active member of VHP and BJP leading a mob of 15,000 to 17,000 , shouting , “ Attack and Kill “ . A special court 32 persons including a former BJP state minister under the then Narendra Modi government, Mayaben Kodnani along with Babu Bajrangi  , a former Bajrang Dal Convenor. 29 persons were acquitted under the benefit of doubt. Those who are convicted were found to be involved in guilty of murder, attempt to murder, conspiracy, spreading enmity and communal hatred and unlawful assembly under various sections of the Indian Penal Code and the Bombay Police Act. Some of them, including Suresh Chara, were also found guilty of rape and molestation. The conviction Kodnani, was a  Minister of State for Women and Child Welfare raised a demand for Mod’s resignation on moral grounds . But again it was twisted by Jayanarayan Vyas a spokeperson that Kodnani , a practising gynaecologist , was not a minister that time and her individual action could not interpreted or construed  as  the growing responsibility of the cabinet . The Niroda Patiya post – Godhra episode is one of most cruel some and darkest moments in the history of Independent India, claiming the highest number of bloodshed.

The reputation of India’s judiciary, considered overbearing and democratically unaccountable by many, has taken a knock with the publication of a report by Transparency International (TI) called the “Global Corruption Report”. A survey conducted by the Centre for Media Studies, finds that a very high 77 percent of respondents believe the Indian judiciary is corrupt. Money was paid to the officials in the following proportions: 61 percent to lawyers; 29 percent to court officials; 5 percent to middlemen. In a 12-month period it found was around 580 million dollars of bribes. “This is a wake-up call not just for India’s legal system, but for society and the state itself”, says Upendra Baxi, a highly regarded Indian jurist, former vice-chancellor of Delhi University, and professor at the University of Warwick in Britain. “It confirms what we have known for years and casts a shadow on the integrity of the judiciary. It also calls for urgent, drastic remedial measures.” “The report only covers the lower or subordinate judiciary and excludes the judges of the High Courts (of Indian states) and the (national) Supreme Court. There are credible reports that corruption has permeated the higher judiciary too,” said Baxi.

Judicial Corruption on rampant. “In India, impeachment is not feasible because it requires a huge (two-thirds) majority in Parliament,” argues Colin Gonsalves, a public interest lawyer with the Human Rights Law Network. “India’s parliamentary elections have produced hung verdicts for years. And it is virtually impossible to muster the numbers necessary for impeaching a judge. In 1993, V. Ramaswamy, a Supreme Court judge, was found culpable by a court committee. But he was politically well-connected and could not be impeached.” “The judicial system, including judges and lawyers, has developed a vested interest in delays as well as corruption; it promotes a collusive relationship between the different players” and this works against the public interest and the citizen’s rights. But even more important is the assault on rights that has occurred under the globalizing neoliberal turn made by India’s higher judiciary .

As a lawyer I can say , “ Verdict has no meaning it is only for the rich and powerful . “  A question arises, “ Does our justice system give equal treatment to rich and poor, equality of Justice ? Our legal system is based upon dispute resolution between parties and not to determine right or wrong. An individual is either guilty or not guilty. The use of the term "innocent" is vastly incorrect and the general media should cease the practice when reporting.  Within our system, the more money you have, the greater your chances of having access to expert legal advice. Access to savvy legal advice increases your chances of receiving an outcome that is more favourable to you. Lack of money results in the poor rarely have the same level of access to legal services, or favourable outcomes, as the privileged.

My Experience --- 4 years back I was fighting a case on behalf of the students pursuing MBA distant learning ICFAI, sambalpur . The ICFAI, duped the money of the students and wanted to shift the institute to some other place . On ICFAI side other associate of Lawyers and they  thrive under a political umbrella , there Chief is a National Secretary of a prominent national party, started creating delays... giving time petitions. I was calmly witnessing everything. They gave number of pleas that they were busy in some other courts and couldn't come, so time may be allowed . I immediately inquired whether the concerned lawyer was in the mentioned court or not. However, after facing much of obstacles I won the cases & the students recovered there hard earned money. They assaulted me because I was creating obstacles in their path. They manipulate judiciary by putting pressure on the lower court through Justices at the upper court. They do under table business. Whenever before approaching for a case, I pray to God , whether I am fighting for a cause or just for earning money. Since 7 years I am working on my conscience. I have faith on my God's timing. The emphasis is more on winning the case rather than ensuring that justice has been done. It is more important to see how smartly the case has been presented and how strong were the support arguments to influence the concerned honourable judge.

Our "justice" system is all about lawyers making money, people remaining in elected positions of power, and winning an argument. We are far more concerned about the rights of perpetrators rather than victims and over the years interpreting law has become an exercise in creative writing, such as defining what the word "is" is.  Mr. Nikhil Wagle, an eminent Journalist rightly tweeted, “When u defend corrupt corporates/netas you have no moral right to speak about corruption free India.Big lawyers must understand this.”

In India, Justice is beyond the reach of most and the right of access to it is not communicated to the citizens properly. In many a circumstances it was found that the litigant who has had access to the court failed to obtain quick relief and for some never have the opportunity even to knock the doors of the court due to ignorance and poverty. If we want justice to be accessible to all, then it must be relieved from the Laissez faire pattern, where justice like other commodity can be purchased and initiative must be taken to educate the populace.

Quest for justice has nothing to do with procedure or jurisdictional aspect rather it cares for its speedy disposal. Delay in disposal of cases is considered as one of the most vexed and worrying problem. It is the code of procedures, which makes it so worse. However personality likes Nani Phalkiwala opined that” Justice in common parlance is considered as blind but in India it is lame too and hobbles on crutches. It is on the verge of collapse with more than 30 million cases clogging the system. There are cases that take so much of time that even a generation is too short to get any type of redressal.”

India is free from the so called British Rule. From Cricket to

Judiciary India excels even Great Britain today. Naturally we are more British today than ever before. India badly needs today Indian Home Rule than ever before. The stumbling block for this Home Rule will be right from Indian Judiciary to Indian Lawyers down to political and apolitical elites sitting in National Capital Territory Delhi and State Capitals and exploiting the millions denizens. A Judge needs vacation. A Lawyer needs vacation. Both needs court rooms and files. Judges need salary enhancements and privileges and pensions. Lawyers need their fees whether the case is admitted or not and the judgment is in the litigants favor or not. They can dare for a Court Bandh or National Bandh. Where courts are busy in attending the appeals of their lower ones, and other such issues far away from the scope of the courts, humanity somewhere is left buried below the bunch of files which no one dares to uncover or we can say do anyone wants to extract these files out unless some political issue is attached to it.

Thus courts and judicial system transpire lifeline of every nation by providing breathing space and steadfast foundation for the victims and the feeble. The social order gets reinforced by excellence of judicial system and so is the case of moral values.

Good laws have their origins in bad morals. – Albert Einstein

Siddhartha Shankar Mishra,

The author is a Lawyer and work on Human Rights & socio-legal awareness,

Sambalpur , Odisha

JUVENILE LAW – NEED FOR CHANGE , JUSTINPRINT , DEC 15-31, 2015

JUVENILE LAW – NEED FOR CHANGE

http://www.justinprint.in/juvenile-law-need-change/

 India’s juvenile justice laws have been under the scanner in recent weeks, with many activists and women’s rights groups arguing that the law is too lenient for those being prosecuted for crimes including murder and rape. The maximum punishment for such crimes is three years’ confinement in a reformatory, as opposed to the death sentence in cases where an adult is found guilty of murder or rape.

In the wake of the assault, attempts were made to overhaul India’s juvenile laws, with several citizens filing legal petitions seeking to lower the age of a minor from 18 to 16. India’s Supreme Court has rejected eight such petitions and is still deliberating over another, which demands a minor be tried in juvenile court according to his or her “mental and intellectual maturity,” rather than being tried according to their age.

Juvenile delinquency is a growing problem in much of the world. Unlike the United States and England, Indian courts do not have jurisdiction over neglected children; India's definition of delinquency is clearer and more in keeping with the United Nations concept. U.S. studies have shown that delinquency cuts across all economic and social classes, and even the Soviet Union is experiencing a delinquency problem. India's juvenile crime problem is increasing but is not as acute as in advanced countries. Urbanization, mobility, and industrialization are influencing juvenile behavior; delinquency does not flourish in small, well-knit communities where everyone knows each other. As India becomes more developed, it pays the price in terms of more juvenile delinquency, crime, and other social problems. Future prevention efforts should emphasize compulsory religious and moral education. 

Since we are so obsessed with aping US , then why not try what they do. When you are 16, you can be tried both as an adult or a minor, it is that simple. You don’t have to do major amendments, just  an option. No reductions in marriageable ages or child labour acts. That would be 18 only.

Not many agree with the suggestion that reducing the age of juvenile to 16 will solve the issue. "There should be no change in the age of juveniles. If a juvenile commits crime (like rape or murder), it is the failure of the system. Punishing a child like an adult can't be approved. Crimes of a monstrous nature are never committed by a juvenile alone. He/she has the support of adults," says Nina P Nayak, member of the National Commission for Protection of Child Rights (NCPCR).

In India, the age of criminal responsibility is fixed at 7 years by the Indian Penal Code (IPC), 1860. “Nothing is an offence which is done by a child under seven years of age.” For the age group of 8 to 12 years, sec 83 of IPC lays down “Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.”

Therefore, to avail this immunity, the accused child will have to prove that he has not attained the maturity to judge what he was doing was wrong. For children between 12 to 18 years, there is no such immunity available. But however, even if they are found to be responsible for criminal acts, they cannot be treated or sentenced in the same manner as adults.

In the question of the determination of juvenility, there have been several debates as to the relevant date at which the juvenility is to be determined. Though the courts including the Apex court have held the date of offence was the relevant date, but still in the case of Arnit Das v. State of Bihar, the Supreme Court observed that the juvenility was to be determined on the date on which the offender was produced before the competent authority. This judgement by the two judge bench was widely critiqued as this deprived from the benefits of the juvenile legislation. This decision also did not consider an earlier three judge bench decision of the Supreme Court in Umesh Chandra v. State of Rajasthan where it was observed that the relevant date for the determination of juvenility is the date of occurrence of the offence and not the date of trial. However, this controversy was put to an end by the five judge Bench decision of the Supreme Court in Pratap Singh v. State of Jharkhand and ors. In this case, the Apex court observed “The reckoning date for the determination of juvenility is the date of the offence and not the date when he is produced before the authority or the court”. The decision of the Umesh Chandra case was held to be proper and the decision of the Arnit Das case was said not to have laid down a good law.

Juvenile crime in urban areas in India rose by 40% between 2001-10, says a news report.“They are generally single earning members, having a family size of between five and seven members, holding skilled or semi skilled jobs, school drop out of juvenile,” said researchers in 'The State of the Urban Youth India 2012: Employment, Livelihoods, Skills', published by Mumbai-based IRIS Knowledge Foundation (IKF).

Researchers found that juveniles in conflict with law were largely from low income working families. 

A study in Maharashtra has revealed that the majority of the juveniles in conflict with law (JICL) are between 16 and 18 years. The predominant offence charge was related to ‘theft’, followed by ’assault’.The report, which centres around urban youth, also stated that rapid growth of the information highway has also led to cybercrime involving teenagers and youth.The figures reveal that in India, there are 430 million people between 15-34 years of age, with the youth comprising 35% of the urban population and 32% of rural population. Overall, three-fourths of young urban men and women are educated up to middle and secondary levels of schooling, though there are variations across the states.The overall population in India between 2001 and 2006 is expected to increase from 1,029 million to 1,400 million. There are 158.8 million children between the age of 0-6 years, a fall from 163.8 million in 2001.

In the aftermath of the Delhi gang rape case and the alleged involvement of the juvenile suspect, there was renewed attention on the efficacy of the juvenile justice system in India because of the maximum sentence the boy could receive. A debate over lowering the age of adult criminal responsibility from 18 to 16 years followed. 

In India, if children as young as 7 and those below 18 commit offences, they are recognized as “juveniles in conflict with law.” The rules state that the police can only apprehend a juvenile for an offence if it warrants a punishment of seven years or more under the Indian penal code.

The National Crime Report Bureau of India, which maintains a record of reported crimes, lists 31, 973 crimes that were committed by juveniles in 2012, compared to 27,541 in 2002. In Delhi alone, 1,171 cases were registered against juveniles during the past year. The states of Bihar and Chhattisgarh saw almost double that, and Madhya Pradesh and Maharashtra reported over four times the Delhi level. India’s Juvenile Justice (Care and Protection Children) Act of 2000 requires the creation of juvenile homes in every Indian state. According to a recent survey by the Asian Center for Human Rights, 733 such homes received assistance from the Ministry of Women and Child Development in March 2012.

The Juvenile Justice (Care and Protection of Children) JJ(C&P) Act was enacted to consolidate and amend the law relating to juveniles in conflict with law and children in need of care and protection, by providing for proper care, protection and treatment by catering to their development needs, and by adopting a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation through various institutions established under this enactment.The Juvenile Justice Act 1986 was repealed by this Act. Any action taken under the former Act would be deemed to have been taken under corresponding provisions of this new Act .

First of all, the Act defines the ‘juvenile’ or ‘child’ as a person who has not completed 18 years of age . ‘Juvenile in conflict with law’ means a juvenile who is alleged to have committed an offence . An important change brought about by the Act was to replace the existing Juvenile Welfare Board with the Juvenile Justice Board (JJB) .

 When the main idea behind the enactment of juvenile legislation was “welfare”, then the society also has an important role to play in matters regarding juveniles. The important sections of the society to provide help can be, the lawyers, policemen, media and other social workers including NGOs. The lawyers can extend a lot of help to the juveniles by providing free legal help and assistance to them. There are many juvenile offenders, who have to suffer a lot only because they cannot afford some lawyers to defend them. Providing free legal aid to them can lessen their sufferings.

 The police personnel and specially SJPU can work together with the social workers or NGOs for better working of the apprehension of juveniles. They can be trained in child psychology and in case if needed, NGOs can seek the charge of the juvenile in the capacity of a “fit person” or “fit institution”. There are also provisions where, the voluntary organisations can set up observational or special homes, in agreement with the state government. Media, also being a double edged tool, can play an important role. Instead of displaying violence and crime; what can be done is that, they can show the violence or the crime scenes, giving the message how bad it is and what happens to the wrong doers.

 Finally, statistics show that the numbers of crimes committed by the juveniles are rapidly increasing. Therefore, it is high time that we start taking care of these juveniles and stop them from treading the wrong path. India, today needs children who can grow up to be responsible citizens of tomorrow.

It’s time for all the parents to take this wake up call seriously, no matter which income group they fall into; it’s all about preventing their child from losing the balance and living a trouble free and respectable life, in years to come. It is the question of their career. Not to forget that our country is celebrating its 67^th year of independence. And this independence has not been achieved so easily. Many had to sacrifice their lives. Today, the country is not asking for sacrifice, it is just asking for attention of parents on their dear ones at the most crucial time in their life. Just a few years of check and the country would soon turn into a paradise managed by honest, hard working  and sensible citizens. Lastly,   Perhaps, instead of focusing on the results and punishments of youth crime; the government should be concentrating on  causes and solutions to youth crime?

Why do children commit these crimes? Because they have nothing to lose. Children brought up in a less privileged environment, with poor education and not much chance of good employment can find themselves automatically placed into the category of unredeemable. No time is spent attempting to get them off the streets and into something productive; hence the fact that over the years these kids have been systematically forgotten and rejected by society. As their way to combat this, the kids themselves have formed their own societies and wayoflife. This society is mainly orientated by peer pressure and the macho type competitiveness that spawns crime – they suffer under the delusion that ‘street credibility’ holds more worth than a sense of morality.

The government needs to aim it’s attack on youth crime, back towards youth reformation and attempt to tackle the original problem – the environment and circumstances that push the kids into the situation of committing street crimes. You can’t end a circle of violence by punishment – only by providing the help that wasn’t available in the first place. Young offenders are the product of the government’s negligence towards the parents or the children themselves; someone needs to take responsibility for these children rather than temporarily disposing of them within young offenders institutions.

Siddhartha Shankar Mishra,

The Writer is a Lawyer and work on legal awareness

Sambalpur , Odisha

Intolerance – A Conflict Within in wider perspective ( Dec 1-15 /15) JUSTINPRINT

Intolerance – A Conflict Within in wider perspective

http://www.justinprint.in/intolerance-conflict-within-wider-perspective/

“ The great problem in this world is intolerance . Everyone is  intolerant of each other “ --- Princess Diana

Provoking Unrests – India a country of bans , strikes and bandhs . Writers returning awards , celebrities airing intolerance blatantly, farmers suicide , political warfare , Hindutva rajneti, sexuality , finance and economics topsy turvy . We in the land of Buddha intolerant. Is this an Irony ?

Freedom of expression will continue to remain under siege unless all groups accept that people can have different opinions and beliefs in a free country.

Soli Sorabjee  rightly pointed  - “Our tradition teaches tolerance; our philosophy preaches tolerance; our Constitution practises tolerance; let us not dilute it.” These stirring sentiments were expressed by Justice Chinnappa Reddy in a Supreme Court judgment pronounced in August 1986 which invalidated expulsion from school of students belonging to Jehova’s Witness faith. Regrettably, over the years, tolerance has been replaced by the rising menace of intolerance which strikes at various fields of human endeavour and creativity: writings, music, drama, paintings and movies.Intolerance stems from an invincible assumption of the infallibility of one’s beliefs and a dogmatic conviction about their rightness. An intolerant society cannot tolerate expression of ideas and views which challenge its current doctrines and conventional wisdom. Consequently, unconventional and heterodox thoughts and views have to be suppressed. That is the prime motivation for censorship. “ ( Source – Hindu )

Why not Ban the Political nautanki in Parliament and Outside , which has little to do with the common minimum programme for the people of India. We are ashamed of being in a democracy where there are still a plethora of issues that governs the state of our overall wellbeing & thereby the counter reactions in the form of Bribery ,perjury , Rape , murder and what not? Are we really ready to accept the dangers within our Governance style. If not we are destined to fail as a nation sooner or later. Freedom of expression has always a limit. Your freedom stops where my nose starts. We have to understand where it hurts. The same people who give lectures on freedom can’t stand an honest advise by others. These people who are supporting the writer won’t allow freedom of expressions in the areas that hurt them, for example advise on modesty in dressing and behaviour of our youngsters., advise on safe conduct to youngsters etc.

Our Constitution prescribes certain fundamental duties to be performed by citizens (Article 51-A). One duty of paramount importance which should be performed is the duty to practise tolerance. Otherwise democracy, a basic feature of our Constitution, will be under siege and the cherished right to freedom of expression will be held hostage by an intolerant mindless mob.

In society, many people tend to reject those who are different. It is a human trait that we all have. Regardless of ones social, economic, or ethnic background there has been a time in all our lives where we have judged a thought  by its cover without at least reading the synopsis on the back. Intolerance is not something to be proud of, yet everyone handles its affect on their life and other peoples lives differently. Some strive to rid themselves of this trait, while others simply accept it as part of their personality and fail to make any attempt at removing it. Intolerance comes in many different forms and does not see anyone as being exempt from its wrath. 

As William Ury stated, "Tolerance is not just agreeing with one another or remaining indifferent in the face of injustice, but rather showing respect for the essential humanity in every person."  Tolerance may seem an impossible exercise in certain situations - being tolerant nonetheless remains key to easing hostile tensions between groups and to helping communities move past intractable conflict. That is because tolerance is integral to different groups relating to one another in a respectful and understanding way. In cases where communities have been deeply entrenched in violent conflict, being tolerant helps the affected groups endure the pain of the past and resolve their differences. In situations where conditions are economically depressed and politically charged, groups and individuals may find it hard to tolerate those that are different from them or have caused them harm. In such cases, discrimination, dehumanization, repression, and violence may occur. Fighting intolerance requires an Individual awareness.

We seem to have become increasingly intolerant as a society. Now I fully understand that there are any number of situations and behaviours out there that should not be tolerated. There is a great distinction between tolerating something and being intolerant. Merriam-Webster tells us that to tolerate something means that you are willing to allow something or to put up with something. However, the same dictionary tells us that intolerance means "unwilling to grant equal freedom of expression." Whether it is the increasingly vitriolic set of interchanges between politicians or the kinds of spiteful comments , seems as though we have come to accept vilification as a form of discourse. If the criticisms were accompanied by some kind of creative solution, things might be different. However, criticism and cynicism seem to have become surrogates for actual involvement.

It is assumed that the feeling of evil is more widespread than the feeling of good. That is why intolerance as an attitude appears to be even more common than tolerance.  Intolerance constitute centuries-old problems of human existence. We have been disturbed by them over and over again. This is connected with man's constant longing for the paradise lost which is unattainable because of human's ill .

In matter of sexuality , Women are treated differently because of their attire - women's clothing is more likely to be identified with a religion or particular culture, whereas men, who do not usually wear culture-specific clothing, can "blend" more into  society. This can have repercussions for them at home as their families may disapprove of changes in their dress or outlook. The pressure for women to dress in western clothing is reinforced by the fact that women in cultural dress are "invisible" .

 Religious intolerance has cropped up  to such an extent where a mob rushed  into someone’s house and raids his kitchen to ascertain what he is consuming. Based upon rumours, a misguided and outrageous mob guided by fringe ends up claiming a human life. They have violated the principles laid down by the Mahatma. Why wouldn’t had the great soul not been shocked if he was alive to see this day?

Secularism is altogether a different and fundamental and independent phenomenon, but states use it to bring equality and justice in their region. It defines the relationship between the state and the religion. It has different meaning in different regions. In India, secularism means equal participation of the state in all religions. The western concept secularism envisions separation of the state and the religion. Though defined differently, the ultimate aim of both views is to facilitate peaceful coexistence of different religions. But this notion of secularism is facing threats around the world due to many reasons. They are viewing ones religion as superior to other religions, imposing religious order by force. Eg: Boko Haram imposing Sharia law in Nigeria, inability of governments to protect minorities. Eg: Persicution of Yazdis in Syria. Christians are denied rights in Afghanistan ,Mishandling of religious affairs by governments as it is a complex affair Eg: French government banning purdha without wide discussions, arrival of new non-secular governments. Eg: Muslim Brotherhood in Egypt.

We were taught distorted history . Books are banned . Book bans is a serious issue to be considered . We are  now living in an era of unprecedented access to reading material. We must keep in mind that even if the motivation to ban or challenge a book is well intentioned, the outcome is detrimental. Censorship denies our freedom as individuals to choose and think for ourselves. Young people especially deserve our trust. Reading literature that challenges them and encourages them to think about others and their own place in the world does no harm and can only spur them to become better students and better persons. Danger does not arise from viewpoints other than our own; the danger lies in allowing others to decide for us and our communities which reading materials are appropriate.

Under the Nazis, certain artists were not just banned and censored but sent to concentration camps; many died there. Artist like MF Hussian faced the demons too. Fundoos hated the free approach of him , they wanted Hussian to be more sensible and less offensive to them and equally offensive to other sects . Now he is gone. But we have his art. Satanic verses is banned authored by Salman Rusdie. I found nothing in the novel which was even remotely insulting to Islam. It was a very funny novel and a brilliant piece of literature. Ayatollah declared a "fatwa" on Salman Rushdie for "blasphemy". The truth was the Iranian Revolution was battered after the failed Iraq War, and the Islamic Govt of Iran needed a scapegoat to distract attention & "rally the faithful".The shocking, disgusting way in which Islamic fanatics shot a 14 year old Malala because she wanted girls to get an education and the tragic way in which thousands of innocent men, women, children  are bombed, killed, maimed  every day in some "jihad" attack or the other in Afghanistan, Pakistan, Syria, Iraq, Libya, Nigeria, Sudan and many other states. This is what deserves outrage. Not books, movies, paintings, music, sculptures. This is sheer hypocrisy. while there is no outrage against the Taliban, Hezbollah, Hamas and other terrorist organizations, the so called hindutva outfits who murder innocent people and they are protected by Article 19 of the UN Human Rights charter .

Finally , God gave this immense responsibility to be creators, and some realize it and some don't. Those realized are blessed ones and we let them lead us to the path of spirituality which they have already realized. In any religion, when somebody is raised to divine level, we are acknowledging the fact that they attained self-realization and we let them lead us to spirituality. And as long as we can benefit from their knowledge, they have served their purpose in life. I am not saying that one religion is superior than the other, the point is that the essence is the same in everything and every one of them refers to the same one and only God, but in different ways/paths and we should appreciate it. We have to realize that the end goal of all the religions is the same. Serve our fellow men and Service to mankind is Service to God. ॐ असतो मा सद्गमय ,तमसो मा ज्योतिर्गमय ।मृत्योर्मा अमृतं गमय ।
ॐ शान्तिः शान्तिः शान्तिः ॥

Siddhartha Shankar Mishra

The author is a Lawyer and work on Human Rights and Legal Awareness

APP “ WRAPITUP “ – Innovation by a Creative Genius ( DEC 1 -15 / 2015 ) JUSTINPRINT

APP “ WRAPITUP “ – Innovation by a Creative Genius

http://www.justinprint.in/app-wrapitup-innovation-creative-genius/

Hard work and success two sides of same coin . There is no doubt that scientific advances depend not only on new ideas, conceptual leaps and paradigm shifts, but also to a large extent on technological advances that make these steps possible. The innovation of APP known as “WRAPITUP” by Harshdeep Hura is mind boggling. The significant thing is that the  “App will shorten long paragraphs into short one-liners” as the  tag goes “WRAPITUP”.  Presently , the APP is available only to the IOS users .  It will shorten any lengthy documents  without losing the credibility or essence . The APP was launched on 25^th July , 2015 , this year.

According to Harshdeep , “We live in an age where information is so quickly accessible. I built an app which algorithmically decides what’s important by learning programming online. This pushes us in an era of information overload, where we have more information to consume, than the time to consume it. WrapItUp was built around the idea to help people read more, in less™and it does it’s job well. 200+ people use it on a regular basis and in just 4 months of launch, WrapItUp has done about 53,479 summaries. This really shows that in today’s age of information overload, you don’t need to setup huge industries to build an empire. All you need is an internet connection and a laptop to build your own small empire without any one’s permission. “ Till date the APP  receives over 200 views and produced over 51,000 summaries. It will be shortly available for android , chrome and windows operating system in the next year .  Harshdeep wish to work on new apps which will serve people in their regular explorations / activities .

Harshdeep Hura hails from Sambalpur , Odisha and done his academics at Raipur and OOTY . Education .  Presently , studying at Amity Global Business School . His Journey as follows –

WrapItUp - The Journey.

 “I got first exposure to computer in 2004 when I was in 4th standard. I remember doing my chores on time to have some digital time and as I grew up, technology grew on me because I saw it as a tool to express ideas. In the early years getting computer time was tough because of school and it was something completely new back then. With the Internet coming in my life 2 years later, suddenly spreading ideas on a floppy disc became sharing ideas on forums and bulletin boards and this was also the time I started learning HTML, which was my first exposure to code. It was really great to then write some lines of code and see how it changes and builds with every single line. Few years later, HTML and C++ became standard syllabus at school which really helped me foster my interest in code. I used to get extra time in computer lab to code and build basic algorithms and programs and solve everyday problems.

2010 was when things started to get serious with programming because I was building programs to teach my own self maths and doing others programming home works for treats at school canteen or straight up food (I was at boarding school so taking money didn’t make sense.)

2011.

I was studying for my 11th grade class test and got stuck in a business studies chapter. This chapter in particular was very hard, and I ended up highlighting almost every single line in the chapter. Friends had no clue about the chapter and the faculty was way too busy and this is when I got the idea of building something to tell me what’s important. I started writing down ideas of how this can be built and started working on it. Most of the times I’d build logic flow charts trying to figure out how, in general, can an algorithm decide why a sentence is more important than other. Again, being in a boarding school I had limited access to internet and computers in general, the development slowed down way too much, but it was also good because I got enough time to perfect the flow charts, which I would later program on.

After finishing schooling and entering FLAME, Pune for further education, I decided to take subjects which really interested me. I was a BBA student with subjects like calligraphy, anthropology and physics, apart from my regular courses. Mid way through college I decided I want to take development of WrapItUp full time and left my regular course to sit in classes I really wanted to (and would later help me build better algorithms). Doing subjects like physics and calligraphy or anthropology don’t make sense to most people but it’s because of exposure to these subjects, I am better at marketing and building algorithms.

Let’s take an example.

Physics.

F= m x a (force = mass x acceleration)

The most basic formula every tom, dick and harry knows. I think this is the best way to run a business. For example, huge corporations like P&G and Unilever are divided into smaller brands so if anything happens, they can be turns around easily. To put it in terms of physics, the smaller the mass (brand) the less acceleration is required to turn the company around.

It’s things like these which made sense to me and how something so basic a formula can be twisted into finding out a way to run business.

2014 I joined in Amity Global Business School, where I currently am pursuing my BBA from. The faculty and authorities supported me in the development by allowing me to attend meetings during class hours and leaves so I can work more, as long as I was up to date with my assignments and tests. This doesn’t sound a lot, but it really helped because I didn’t have to think about attending college at the cost of my work. “

More importantly, there first need to be sustained efforts to improve digital literacy.  Universities have a role to play here: the National programme on Technology Enhanced Learning is a step in the right direction; more MOOCs (massive open online courses) have to be rolled out for people without access to regular college education.

Last but not the least; we need to embrace the spirit of risk in our society. “Going digital is no longer an option for us; it is the default,” said the CEO and MD of TCS Mr. Chandrasekaran at the World Economic Forum this year where he chaired the IT Governors Steering Committee. While this statement is now true for the world at large, India’s future progress in particular is increasingly dependent on how well it can manage and promote its digital economy. NASSCOM predicts revenues of USD 130 billion in FY15 from the IT-BPM industry, with a year-on-year growth rate of 13% .And for the first time, 2014 saw visits of the top leadership of the largest global technology companies to India: Mark Zuckerberg (Facebook), Jeff Bezos (Amazon), Satya Nadella (Microsoft) and Sundar Pichai (Google), all within a month.

 Scientific temper can’t be developed overnight and it should begin right from the school, where the students ought to be given the opportunity to be more interactive. Similarly, the parents need to spare some time for the children, who can be taken through the why, what, how and when type of reasoning, thereby imparting the rudiments essential for broadening their horizon of knowledge. Prof. Yashpal has noted, “science will also have to come forward in changing our thoughts and eradicating various social evils, including casteism, extremism…”(Times of India, 16th May 2005). India, in Nehru’s vision, could become a great country if the people adopted such a ‘scientific temper.’  If that succeeds, then there can be no greater tribute to the millions of children who form the destiny of our nation.

   ( https://www.facebook.com/wrapitupapp/?pnref=story )

Siddhartha shankar Mishra ,

Sambalpur , Odisha

VIDROHI --- Long Live the Rebel / Long Live his Revolution --- A Tribute

VIDROHI  --- Long Live the Rebel / Long Live his Revolution --- A Tribute

Meri aatma yahi basti hai, meri audience yahi hai (This is where my soul lives, this is where my audience is 

सारे बड़े-बड़े लोग पहले मर लें
फिर मैं मरूं- आराम से
उधर चल कर वसंत ऋतु में
जब दानों में दूध और आमों में बौर आ जाता है
या फिर तब जब महुवा चूने लगता है
या फिर तब जब वनबेला फूलती है
नदी किनारे मेरी चिता दहक कर महके
और मित्र सब करें दिल्लगी
कि ये विद्रोही भी क्या तगड़ा कवि था
कि सारे बड़े-बड़े लोगों को मारकर तब मरा 

Vidrohi’ Ramshankar Yadav  was a  the revolutionary poet from Jawaharlal Nehru University. He has been living in the campus for the past three decades, writing and reciting poetry. He was ousted from JNU for his rebel attitude  In August 2010, he was thrown out for using abusive language, but was allowed back in after student pressure on the administration.

In 1983, Vidrohi took part in the student movement along with JNU Student’s Union members who were protesting the OBC reservation deprivation. He was an OBC candidate, and joined the hunger strike — at the  cost  his scholarship and home, ultimately he lost his scholarship and rusticated .   On May 8th, 1983, he was arrested and sent to Tihar Jail.He used to sleep  under a tree with his two and a half bags full of possessions hanging from the branches. A documentary about him was recently made by Nitin K Pamnani and Imran called Main Tumhara Kavi Hoon (I am your poet). The film won the best documentary award in the international competition section of the Mumbai International Film Festival.

Away from his faraway home and wife, Vidrohi has chosen the life of a vagabond, roaming around with his bag full of the poetry of rebellion. There is no bitterness between his family members and himself for his chosen lifestyle of living on the streets. He was always living  people’s kindness, living by the people he writes for, of which JNU students play a crucial part. His work on social exploitation , caste, women oppression , national issues are highly incredible. He was into writing and movements not for profit motive but for people emancipation. He lived for a revolution and died for a revolution. It is very sad that he has been neglected by our so called media, which mainly focuses on meaningless topics and baseless issues.

On a Facebook page on Vidrohi, run by students, I was amused to read a  post that said, “Seeing Vidrohi walk barefoot in the bitter cold, a Palestinian student Shadi Farrokhyani asked him, “Where have your shoes gone?’ Vidrohi replied, ‘In that last protest, I took them off and flung them at the cops!”  ( उस दिन प्रदर्शन में फेंक के पुलिस को मार ) ~ That was Vidrohi

I would say that self-conscious emotions underlie his revolt.  Often overlooked by analysts, and especially by political scientists, factors such as collective humiliation, frustration and anger are the fuel for fundamental transformations in our societies. It only needs a spark to cause an explosion of social activism. Vidrohi’s life was the ultimate act of overcoming fears of retribution and death. That’s why it became so mobilizing . Popular anger and frustration are not enough to explain the dynamics of popular revolutions. The likelihood of success, which is defined  as regime change, depends both on the mobilization of the people and on the reaction of authorities.

A revolution constitutes a challenge to the established political order and the eventual establishment of a new order radically different from the preceding one. The great revolutions like French , Russian , Middle East changed not only the system of government but also the economic system, the social structure, and the cultural values of those societies.

The 19th-century German philosopher Hegel was a crucial catalyst in the formation of 20th-century revolutionary thought. He saw revolutions as the fulfilment of human destiny. Hegel’s theories served as the foundation for the most influential revolutionary thinker, Karl Marx . Marx used Hegel’s abstractions as the basis for a plan of class struggle, centred on a fight for the control of the economic processes of society. Marx believed in progressive stages of human history, culminating in the working-class overthrow of the property-owning class. 

The causes of revolution are mainly political, social and economic.  Revolutions take place when the political order fails to correspond to the distribution of property and hence tensions arise in the class structure, eventually leading to revolutions. The cause of revolution is a desire on the part of those who are devoid of virtue and who are motivated by an urge to possess property, which is in the name of their opponents. In other words, the cause of upheaval is inequality. Rebellions occur when men are dishonored rightly or wrongly and when they see others obtaining honors that they do not deserve. If like-minded people join the movement when the government fails to redress their grievances. Revolutions occur when insolence or disrespect is displayed by the other members. A revolutionary climate would be soon created, especially when the state officials become haughty, arrogant and drunk with power, or pay no attention to the genuine problems of the people. This leads to a deep divide in the society, especially between the state and the people. Over a period of time, people’s complaints against corrupt officials increase which culminate into revolutions. Revolutions are also the result of imbalances in the disproportionate increase in the power of the state that creates a gap between the constitution and the society. In the end, the constitution reflects social realities, the balances of social and economic forces.

Revolutionary thoughts and ideas always have an impact on the social order . Bhagat Singh studied the European revolutionary movement and was attracted to anarchism and communism. He became a confirmed atheist, socialist and communist. He was critical of the individual terrorism which was prevalent among the revolutionary youth of his time and realised the need for mass mobilisation by the Communist Party. In his final writings he argued that the party had to organise the workers and the peasantry. The fight around the small economic demands through the labour unions were the best means to educate the masses for a final struggle to conquer political power. Apart from this work it was necessary for the Communist Party to organise a military department. He stated: 'I am not a terrorist and I never was, except perhaps in the beginning of my revolutionary career. And I am convinced that we cannot gain anything through these methods. One can easily judge it from the history of the Hindustan Socialist Republican Association. All our activities were directed towards an aim, identifying ourselves with the great movement as its military wing. If anybody has misunderstood me, let him amend his ideas. He realised that the overthrow of British rule should be accompanied by the socialist reconstruction of Indian society and for this political power must be seized by the workers. Bombs and pistols were mere symbolic.

Osho rightly observed, “Man has been a calamity, a curse to existence.
Rebellion means making man a blessing to existence, not a curse. It is a risky step, but there is no gain without any risk. And this is such a tremendous change, almost a discontinuity with the past not any modified form of the past society, just a totally fresh and new society. There is no paradox. Here you have to be a rebel, but your rebellion does not mean that you have to go against something which is intelligent, intelligible. You rebel against any stupidity. Any idiocy that happens in the commune, you rebel against it. That is your responsibility, to be on guard that no stupidity, no superstition, starts getting its roots within you. Be alert. Rebellion is your attitude of looking at things, of watching things; what is happening in you and what is happening around you. No rust should be allowed to settle. Your sword of intelligence should remain shining, that's all. And everybody is keeping his own sword shining; nobody else is keeping your sword shining. “

Finally , Vidrohi is not dead , his ideas , his thoughts are immortal. Long live the rebel, long live his revolution , the one track mind. I would like to conclude with Nietzsche lines of The Will to Power: ‘’Do you want a name for this world? A solution for all its riddles? A light for you, too, you best-concealed, strongest, most intrepid, most midnightly men?This world is the will to power and nothing besides! And you yourselves are also this will to power and nothing besides. ‘’

Siddhartha shankar Mishra,

The writer is a Lawyer

Sambalpur , Odisha