Saturday, August 28, 2010

My wife's take on the Chief Minister's obfuscatory prevarications

The Tribune, New Delhi, August 28, 2010, P. 12
Hooda’s stance on khaps is indefensible
The stance of Haryana Chief Minister Bhupinder Singh Hooda before the Group of Ministers (GOM) constituted to work out the contours and the contents of the law to curb the menace of “honour killings” reeks of sheer political opportunism (news report, “Hooda’s no to law on honour killings”, Aug 26).
His contention that khap panchayats have no role in the gruesome murder of innocent youngsters is indefensible. The frenzied and sanguinary exhortations of the self-styled leaders of such organisations in full public glare have become an order of the day in Haryana. It not only creates law and order problem but also has the potential to put the social fabric in the state in jeopardy.
Moreover, even a cursory glance across the state of Haryana will bring out that these entities are predominantly caste-centric and mostly operating in those castes which are socially, economically and politically better off. Having already reaped the benefits of political empowerment, they come out in large numbers to participate in the electoral process and constitute a huge vote bank for political parties. Politicians all across the political spectrum (but for exceptions like Shamsher Singh Surjewala) try their utmost to woo them for political gains.
However, it is to be understood by one and all that any molly coddling of and patronage to such anachronistic entities will be disastrous. The posterity will look down upon us.
NEETI GOYAL, Bahadurgarh

Friday, August 27, 2010

Law on Honour Killings

The consistent attempts from some quarters to pass off the flagrant highhandedness and the hooliganism of the khap panchayats just as a law and order problem is too simplistic to tackle an ominous social nuisance. No doubt, that the law making by the Parliament on a matter on the subject of ‘law and order’ requires the consent of the States since the ‘law and order’ is a state subject. However, we dare not to lose sight of the fact that instances of the honour killings are outright crimes involving the gruesome murders of the innocent lovebirds without any justifiable reason or rhyme. To curb a crime, both Union and State Legislatures are competent to enact the law but subject to a rider that in case of any inconsistency in such law, the state law will have to give way to the Central law. The ruthless snuffing out of the sacred lives by taking refuge in the antiquated and unenforceable customs not only renders the much cherished constitutional freedoms and liberties redundant but is also grossly anathema to the tenets of the great Indian culture and civilization embedded into the ideals of the compassion, tolerance, non-violence and peaceful co-existence. The glorification of such crimes, aids in various forms to the culprits by the khap panchayats should tantamount to criminal abetment and conspiracy in the perpetration of such crimes because it provides a supportive ground to the misguided zealots giving rise to the repeated occurrence of such gory incidents. The medieval diktats like social ostracism and/or expulsion of the couple and their family, pronouncing the legally wedded persons as brother and sister by the khap panchayats should also specifically be declared prohibited and punishable. Hence, the khap panchayats can not be absolved of the criminal culpability and gap in the law must be filled adequately. The Indian Parliament is obliged to provide a deterrent law to eradicate this social evil even if any State is striving to stall it for obvious political compulsions. Nevertheless, since the law is to be ultimately administered and enforced by the States, it would be desirable to take the States on the board before the enactment of the law.

Wednesday, August 25, 2010

MOCK PARLIAMENT

The whole Country steeped in utter disgust and indignation witnessed the clowning of our legislators enacted right with in the precincts of the Indian Parliament on 21st August. The self-fulfilling shenanigans and demagogy of our legislators has reduced the highest seat of the deliberations and the policy-making in a democratic polity into a theatre of mockery and mud slinging. The Founding Fathers of our Constitution had envisioned that persons of immense caliber, intelligence, diligence and integrity, would occupy both houses of the Parliament who will be above the petty considerations of caste, creed, race, region, religion etc. and dedicate themselves in the devout task of nation building. The opposition is assigned the role of a watchdog over the working of government by not letting it to go astray from the goal of good governance in its various nuances through well-considered and constructive advices and interjections. To achieve this end, the treasury bench and the opposition are expected to work in an environment of mutual understanding, trust and respect keeping at the helm the welfare of the public at large. The legislators should shun proclivity to garner some brownie points at all costs even out of human miseries and national tragedies. May the good sense prevail upon our legislators and thus, the majesty and the prestige of the Indian Parliament is restored back to its due place as enshrined in the Constitution of India. Nevertheless, it was a good piece of vignette for all those especially the law students looking for participation in MOCK PARLIAMENT.

Tuesday, August 24, 2010

PROTECT THE ANIMALS

The proposed move of the government to enact a new law to stop inhuman treatment with animals in place of existing law viz. Prevention of Cruelty to Animal Act, 1960 is sheerly humane. The penalty of Rs. 50 prescribed under the Act of 1960 for inflicting cruelty against animals is highly ridiculous since even minor traffic violations attract more unsavoury penalties. There should be a blanket ban on animals sacrifice on all occasions across the Country. The vegetarianism should be promoted by way of extensively eulogizing its boons and conversely, the public should be amply acquainted with the banes of the non-vegetarianism. The hapless animals may be saved from the sanguinary appetite of non-vegetarians by imposing some additional unpalatable taxes on the non-vegetarian stuffs. Most of the Indians are religious folks and a point needs to be driven home to each and everybody that violence in any form to the animals is the most conspicuous disservice to the grace of the Almighty.

Saturday, August 14, 2010

Whistleblowers Law on the anvil

The Tribune, New Delhi, August 14, 2010, P 12
Law to protect whistleblowers
The decision of the Union Cabinet to clear the decks for the introduction of “The Public Interest Disclosure and Protection to Persons Making the Disclosure Bill, 2010” in Parliament is laudable (news report, “Bill to protect whistleblowers okayed”, Aug 10). A comprehensive and efficacious law for the protection of whistleblowers has been hanging fire for some time. In the wake of the murder of Sateyendra Kumar Dubey in 2003, the Supreme Court of India was seized of the matter and issued directions to the Central government to do the needful.
Consequently, the government had issued a resolution in 2004 on public interest disclosures and protection of informers wherein the government authorised the Central Vigilance Commission to receive written complaints for disclosure on any allegation of corruption or misuse of office and recommend appropriate action.
In 2006, the government introduced The Whistleblowers (Protection In Public Interest Disclosures) Bill, 2006, in the Rajya Sabha. Sadly, thereafter, the Bill went into oblivion. In August 2009, the CBI in its 17th Biennial Conference of Heads of States Anti-Corruption Bureau exhorted Parliament to enact the Whistle Blower Act as recommended by the U.N. Convention against corruption and directed by the Supreme Court of India.
The Public Interest Disclosure and Protection to Persons Making the Disclosure Bill, 2010, envisages an exceedingly vital role for the CVC to protect the interests of the whistleblowers. The grievances of the RTI activists regarding the failure of the CVC to protect the interests of whistleblowers, particularly the failure to shield their identity, have amply been taken care of in the proposed Bill by way of providing for stringent punishment for the violators.
The murder of RTI activist Amit Jethwa in Gujarat again shows that social crusaders are on a sticky wicket and need to be provided an adequate and potent legal framework.
RAJENDER GOYAL, Bahadurgarh

Monday, August 9, 2010

Provide armour to the Whistleblowers

Hindustan Times, Delhi, August 9, 2010, P. 10
Defend the defenceless
With reference to the report "Law to protect whistleblowers on cabinet table" (August 5), the government introduced the Whistleblowers (Protection in Public Interest Disclosures) Bill, in 2006 to provide protection to people who bring to light specific instances of illegality, criminality and corruption in any public or private enterprise. The murder of Right To Information (RTI) activist Amit Jethwa in Gujarat makes it imperative for the bill to be made into a law.The grievances of RTI activists regarding the failures of the Central Vigilance Commission also needs to be looked into.
Rajender Goyal