Tag: india

BEING RULED IN A FREE STATE

The ongoing year has been saddening and have arisen this fear of living in a country I always appreciated for the fundamental rights we as a citizens have been given under the Constitution  of this so called great country. I have always been one of the foremost promoter of India knowing that what we have as a citizen of this nation is ahead of any other country in the world. The freedom of speech of all has been the most important right I have always been proud of and relished so far. Its this right that has so far made me express myself and not feel strangled in a free nation. Being an active member of the system as a lawyer I have always believed our laws are made in such a way that doesn’t just makes us free people but also gives us the sense and feel of freedom and not feel feared and scared.

When we chose non violence it was the resilience and freedom of speech that brought us the independence. The fundamental right of freedom of speech is not something they inculcated today in our constitution but it has been from the very first day. Back in the 50’s also it was thought that it is the freedom of speech which will make us a nation of above others and make us strong to accept criticism and evolve from it.

I got a message today from Nabeel (@softykid) saying that he was scared he might be also a victim one day as he is on the more.  This got me to introspect the past year and its shocking to rewind back to incidents when a businessman is arrested for a tweet on a politician’s son or a man being arrested for taking a picture of a minister and young girls being arrested for expressing their views. Where are we heading to??? Is this acceptable?

Most of these recent incidents had been contentious for the reason of an amendment to the IT Act wherein Section 66A was inserted. On a plain reading of Section 66A it sounds strangely drafted. Things have been left for the interpretation of the complainant and weirdly our enforcement agencies are not competent enough to interpret it in consonance with Article 19 (1)(a) of the Constitution. So if things are taken on the wordings of the Section 66A which says a mail message sent for the purpose of causing annoyance or inconvenience to a person can lead to an imprisonment of upto 3 years with fine, how is the annoyance and inconvenience to be measured? If someone calls me a liar as I am a lawyer, it can be annoying for me, but then does my annoyance means a person be sent behind bars and ripped off his liberty and freedom? The interpretation of a Section has to be in consonance with the Constitution and nowhere violative of the basic rights and freedom provided to us under the Constitution.

I believe if the interpretation of a Section cant be done accurately and in the spirit, it is for our legislature to bring clarity to it. For me Section 66A is beyond the spirit of the Constitution and it will be a fit case for the courts to struck it down. I was reading the letter written by Justice Katju to the CM of Maharashtra and I totally agree with him that we are living in an arbitrary State where the entire system, be it the government or the opponent are hand in hand. I, at the end feel helpless that we are reaching a state of anarchy and justified violence and power. As always I still believe that we are the biggest fools living in this paradise who actually give power to these people who try to rule us in a free country. This way the time isn’t far when I will feel weak to call myself an Indian.

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NATION OF FOOLS !!

OMG!! Heard Swami Agnivesh on one of the news channels saying that if the Council of Ministers are included in the Lokpal how can the Prime Minister not be a part of it when Article 14 of the Constitution of India say every one is equal. Unbelievably the people, most of them young, were clapping on this statement. I have now started feeling I am living in a nation of FOOLS. People who are unknown about what is being said, people who have no idea who is right and who is wrong, yet they are clapping their way to their own destruction. The Prime Minister is on a different position than the council of Ministers and thats why he is not equal to the other Ministers and so I wonder what in the wildest sense did Agnivesh wanted to say. Yes I am not calling Swami now as I dont think he deserves it by misguiding the people.

The other day Prashant Bhushan said that Naxalism is the creation of the government. I mean what on earth does this have to do with corruption. Its like saying because there is corruption my we dont have rains. I am amazed at the way things are turning everyday.

Kiran Bedi saying India is Anna and Anna is India.. For me Anna maybe nothing but an imposter but who is she to say that Anna is India for me? Yes for me as they are speaking on my behalf. I wish all of them could tell me when did I or the millions others gave them the right to speak on their behalf, gave them the right to be my representative. I had voted for my representative and he is doing his job. Maybe not as he should do but me along with millions had elected them. I can be wrong in my decision but a billion people cant go wrong together. As per team Anna we are a Nation of FOOLS. Why cant they say that they are the representatives of the people who are supporting them??

I am sick of all that is happening. I feel disgusted to see all the people following the wishes of a bunch of people without even knowing what they are following. I feel ashamed that I am living in a country where the media is biased to one side and they are the one forcing the people to join a cause which is not even the real cause. Why cant the media voice the critics too? I feel cheated that the cause against corruption is being equated to the Jan Lokpal Bill and the Parliament is being held on ransom. I feel sad that our opposition is dwindling in the middle without a stand when the entire Parliamentary system under the constitution is under threat. I am as disgusted by the way this movement is going on as I am with corruption.

I dont want these bunch of people so called forming the civil society to rule me. Yes they are in ways ruling me by commanding the government which has been formed by my contribution. I am not supporting the Government or Corruption. I am against the cause of the movement which had started with Corruption and has now become a movement for Jan Lokpal Bill. I am tired of living in a FOOLS PARADISE.

FIGHT AGAINST CORRUPTION OR FOR JAN LOKPAL BILL !!

The Second Struggle for Freedom, the uprising as its being called is truly remarkable. The way it has managed to get all our attention would bring shame to the best marketing gurus. I had followed the Anna Movement very closely last time. Was actively a part of it, protested with Anna at Jantar Mantar, spoke in his support, till I read draft of the so called ‘Jan Lokpal Bill’ (JLB). I had serious reservation in supporting the JLB and also the way it is being tried to be imposed. Yes imposed because it is detrimental to the future of our nation.

Most people supporting and agitating out on the streets demanding the enactment of the JLB are unaware what it is in black and white. The government has proposed a Lokpal Bill which is being said to be worthless. I agree to a lot of extent. But if the Government’s Bill is not worthy it doesnt make the JLB worthy, it too has some serious flaws. The JLB seeks to make an investigating agency which will have a supreme power to prosecute anyone on a complaint made by any person. The JLB seeks to question any decision taken by the Government. The JLB seeks to prosecute the Judiciary on any complaint. I think this is nothing but creation of a body supreme to rule the country. A body which if it wants can bring the country to a stop at its whims. What if this body goes corrupt? Its being said it cant go corrupt. This make me laugh thinking that the corruption at the end is a creation of we the people who are fighting against it today. Corruption is a wrong we have been committing just for own convenience. If we can elect corrupt people to the parliament then what will be the guarantee that the people elected as lokpals wont be corrupt?

The Judiciary which is being lauded lately for its role in bringing the Government and corruption in the dock, will unable to function with the JLB in its entirety in force. Think of a scenario that a Judge passes a judgment against some person and that person makes a complaint to the Lokpal that the decision of the Judge has been biased because of his being corrupt or because he has been influenced by the opposite party. The Lokpal starts investigating the complaint and even though the Judge has been honest and even if he is subsequently exonerated, he will be in the docks and go through a mental harassment. It will ultimately take away his boldness and affect his performance. The same would apply to the PM. I am not saying that a corrupt decision should not be checked, but then it should not take away the independence these authority have been entrusted with under the Constitution. It should not make it possible for them to be put on ransom.

Corruption is an issue we all wish had never been. The economic development the PM was talking of the other day in his statement would had been manifolds, we might have even probably been ahead of China had the corruption not been the inherent feature of your life. We all are sick of this and its even the wish of the corrupt that the corruption should be killed, after all even they face corruption sometime in their life. But the JLB is not going to kill corruption. It can not erradicate the corrupt, cause we all are an equal participant in corruption. We need to understand that until unless we change ourselves nothing can be corrected. If we don’t stop bribing, then even the Lokpal will have no effect. If we don’t elect with due application of our mind then we will always be ruled by the corrupt.

The bill drafted by the Government is definitely not strong, but the JLB created by a bunch of people who claim to be representatives of the civil society of which we all are a part of, is also not practical. If I had the option to select my representative as a member of the civil society I would surely not choose most of these people who are the self elected member of the civil society. We need a Lokpal bill but neither of the versions in its actual form, the law laid down should be practical and not something which can be a road block in the future.

I do support a movement against corruption, I do applaud the people agitating against corruption, I do want corruption to be history. But I dont support a movement to bring a bill. We have to understand that the issue is corruption and not just getting a law. As I had written in my earlier post comparing the movement to the Jasmin revolution, the movement should not be focused to the JLB but should be focused towards the bigger issue of eradicating corruption. We need to rise above corruption and lead to a path to a society which does not put us in stress. We need to act as a literate society and apply our own mind, surprisingly most of those agitating have no knowledge about the JLB. We should not flow with emotions and be puppets to some people. The movement is not about one person, it is about the cause. I would really request all those supporting the JLB to understand the Bill and to foresee the implications. Its not that we dont have laws to check corruption. Our existing laws are also stringent enough to curb corruption. The Prevention of Corruption Act is one of the most stringent laws we have, it is even applied strictly, but then there are certain provisions which makes its applicability difficult. What we lack is the proper application of the existing laws, the proper functioning of the entire system. What we need is laws towards the accountability of the Government officials and the Judiciary.

So let’s support the campaign against corruption, not a campaign for JLB. Let the things be done under the constitutional framework. Lets understand that just a bill is not going to curb corruption but it is us who has to change to bring corruption to a halt. So next time when you are caught for a traffic violation then don’t try to escape from the shorter route, be bold enough to face the consequences of your mistake.