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

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.

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.

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.

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

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

Retirement age of the Judges of the Higher Judiciary is juxtaposed with the independence of the latter

The Allahabad High Court’s directive to the Centre to explore the possibility of having “judges for life” in the higher judiciary deserves serious contemplations. It has profound bearing on the independence of higher judiciary in India. The retired judges of the higher judiciary are accommodated in government employment of some kind or other viz. membership or chairmanship of tribunals or statutory commissions or commission of enquiry etc. The lure of prospective office and associated perks and pelf may subject the serving judges to extraneous considerations and influences in the discharge of their duties that may be quite fatal for the independence of higher judiciary. In USA, a Judge of the Supreme Court holds office during good behaviour, which means that he can continue to occupy office for life. Although, he or she is at liberty to retire on attaining the age of seventy years and on completing ten years service at the Supreme Court. Even after retirement as distinct from resignation, they can be requested to join the bench to discharge judicial function periodically.
Moreover, the nature and stress of work is same for the judges of the High Courts and the Supreme Court. Present position of difference in age of retirement has ample potential to inveigle the high court judges to curry favour with the Supreme Court’s collegium (entrusted with the function to make appointments and transfers in higher judiciary) to secure an extended tenure for three more years in the Supreme Court. It is, therefore, desirable that in this matter either the Indian Constitution should appropriately be amended on the line of the American Constitution or any how, the age of retirement of both the High Court and Supreme Court Judges be fixed at 70 years.

LAW MAKING W.R.T. MATTERS ENUMERATED IN THE CONCURRENT LIST

THE TRIBUNE, JULY 13, 2010, P. 8

New law
I read the editorial, “Reining in khaps: Hasten law on honour killings” (July 10). Both substantive and procedural criminal law is enumerated in the Concurrent List (List III) of the Seventh Schedule of the Constitution.
Article 246 empowers both Parliament and states’ legislatures to enact the law. However, under Article 254 of the Constitution, the Central law will prevail upon states’ law if there is any inconsistency between laws made by Parliament and the Legislatures of states in such matters. Nevertheless, the contention that “as the issue in question is sensitive involving deep social and religious sentiments, it would be legitimate on the part of the Centre to have wider consultation with the state governments” is in the fitness of things.
RAJENDER GOYAL, Bahadurgarh

ARMED FORCE SPECIAL PROTECTION ACT

THE TRIBUNE, NEW DELHI, JUNE 25, 2010, P. 8
Fighting terrorism
It is not so uncommon to hear that India is a soft state for its weak-kneed approach to combat terrorism largely because of want of strong political will and efficacious law (Editorial, “Amending AFSPA: Humane law can’t weaken fight against militancy”, June 22).
Terrorism is the worst form of assault on the sovereignty of a nation and sanctity of human lives. Before branding any law as draconian, it must be understood that democracy and terrorism are dichotomous, and to save the former sometimes the state has to take recourse to some unsavoury legal mechanism. Moreover, everything, including the law created by some human agency, is vulnerable to misuse. The remedy lies in minimising such misuse by awarding exemplary punishment.
History bears testimony to the fact that the menace of terrorism can be stamped out only if it is confronted with an iron hand. However, the sustained focus on constructive measures in terrorist-infested areas and respect for the notion of human rights will also contribute immensely to the task of eliminatting the menace.
RAJENDER GOYAL, Bahadurgarh

Need for a stronger Extradition Law

The Tribune, New Delhi, June 18, 2010, P. 10
The editorial “Deterring Bhopal-like disasters” (June 9) and other related news reports filled one with an overwhelming sense of déjà vu. The whole gamut of events amply brings out wide chinks in the legal system and vindicates the apathetic and perfunctory attitude of the law enforcers. The Bhopal gas tragedy engulfed more than 15,000 human lives and left lakhs of people maimed.
The situation reinforces a need for evolving a consensus among the nations for a stronger and unambiguous international law on extradition. Sentence of two years awarded to the guilty persons is too meagre to meet the ends of justice. There is an urgent need for legislation in such matters that would ensure stringent punishment to the culprits and just compensation to the victims.
RAJENDER GOYAL, Bahadurgarh

My Wife's foray into the domain of law !!

The Tribune, New Delhi, May, 24, 2010, page 10
Marriage Law
Harish K. Monga’s letter “Time for a common marriage law” (May 17) struck a much-desired chord of harmony and sanity in an otherwise frenzied atmosphere. His suggestion of framing a uniform law for the registration of marriages irrespective of caste, creed and religion is quite sensible. However, Mr. Monga’s assertion regarding the freedom to choose the marriage partners is subject to a rider. Personal law and also the Special Marriage Act, 1954, enumerate certain persons, although with varying degree and scope, with whom marriage is forbidden.
NEETI BANSAL GOYAL
Samalkha

Good-bye to Uncle Judges

The majesty and sanctity of judiciary rest on the respect and confidence it enjoys among the people. The scourge of uncle judges is sullying the hallowed edifice of judiciary and creating fatal cleavages in its image of non-partisanship. The litigants’ leaning towards the practicing kith and kin of sitting or retired judges to conduct their briefs in courts is probably for reasons other than those germane to legal competence, expertise and acumen. The Government must put in place suitable measures with due dispatch to contain this malaise, and salvage the pristine image of judiciary from being defiled by such dubious practices.

LONG FELT NEED EFFECTUATED

The Supreme Court’s fiat for the implementation of Justice Padmanabham Committee’s recommendations for higher pay scale for lower judiciary across the Country is immensely laudable. The judges are entrusted with a noble duty to deliver all-encompassing justice. It entails that a judge must possesses the sterling qualities of competency, integrity and impartiality. The Lord Denning rightly said that “the independence of the judges can be threatened not only by the political or executive interference, but also by financial anxiety”. In contemporary consumerist materialistic society, the lure of lucre rules the roost. The bright law graduates either scramble for lucrative positions in corporate world or prefer to be in the Bar for want of attractive perks and pelf in the judicial services, and in the domain of law teaching. Moreover, in the face of fierce docket explosion in the Courts and abysmal insufficiency of requisite judicial strength, the judges deserve to be adequately recompensed commensurate with the arduous duties they perform. Hopefully, the Court’s order will render the judges their legitimate dues and also act as a spur to motivate the best talent to opt for the judicial services. Kudos to Dr. Neelima Shangla (Additional District & Session Judge, Kurukshetra, and President, Judicial Officers Association, Haryana) and for making the things possible by her sheer erudite & convincing pleadings before the Apex Court, and in this process, also for having added one more resplendent feather in her illustrious cap.

My Wife's plea for the creation of separate cadre for English Teachers at pre-senior secondary level in Haryana

The Tribune, May 4, 2010, Haryana Plus, Page 2
Separate cadre for English teachers needed
Geetanjali Gayatri's series of reports-- "BACK TO SCHOOL, 1-V1" (April 25 -30) brings out the lackadaisical approach of the Haryana Government towards school education. The lack of qualified English teachers at the pre- senior secondary level is highly deplorable. As major disciplines of higher education are essentially based on English language in terms of availability of study material, medium of instructions and examinations etc, it is not possible for the students to succeed in their chosen fields without adequate command over this language. The authorities concerned must know that casual and perfunctory dabbling with a subject not only weans away the interest of students but also eventually ends up killing the subject itself. The situation warrants the government's sincere attention to the woeful state of affairs of education in government schools and calls for immediate remedial action towards the creation of a separate cadre for English teachers at the elementary and secondary levels of education. The government should shun tokenism lest the noble vision of Haryana No.1 should prove to be a damp squib.
Neeti Bansal Goyal, Samalkha (Panipat)

Will my Wife's call for ameliorating the plight of School Education in Haryana change the state of inertia

THE TRIBUNE, MAY 1, 2010, P. 12
Beyond tokenism
The news report, “Class IX English topper can’t read a sentence” (April 26) typifies the lackadaisical approach of the Haryana government to secondary school education which is plagued by lofty sloganeering and vulgar self-aggrandisement.
Effective teaching is a complex process which besides pedagogical acumen requires adequate expertise in a teaching subject on the part of a teacher. The teacher first needs to internalise the theme of instructions. Only then the same can be imbibed by the pupils through an interactive and participatory modus operandi.
Major disciplines of higher education are essentially based on English language in terms of availability of study material, medium of instruction and examinations etc. Generally, it is seen that without sufficient familiarity with English language, it is impossible for a student to come out with flying colours in their chosen fields.
The situation warrants the government’s sincere attention to the woeful state of affairs and calls for a separate cadre for English teachers at the secondary level of education. It should shun tokenism.
NEETI BANSAL GOYAL, Samalkha (Panipat)

Practical constraints in RTE Act

THE TRIBUNE, APRIL 30, 2010, P. 10
Need to remove bottlenecks in RTE
Harish Dhillon’s article, “Assessing school education” (Education Page, April 27) accentuates the urgency for a thorough brainstorming on various aspects of the Right to Education (RTE) Act for its efficacious implementation.
The thorny challenges like defining and identifying the neighbourhood schools, modalities for enrollments towards 25 per cent quota in private unaided schools (since screening test is banned), furnishing of adequate physical infrastructure and human resources, the rationale of substituted admission criterion of ‘skill-appropriate class’ with ‘age-appropriate class’, repercussions of keeping admissions open round the year and compulsory promotion of children to the next class from the standpoint of qualitative education need to be addressed immediately after eliciting the views of all stakeholders.
The RTE Act, if implemented, in its true spirit, which is possible only through collaboratory efforts of all facets of the state and civil society, will transform the constitutional vision of egalitarianism into reality.
RAJENDER GOYAL, Bahadurgarh (Haryana)

Spirit of anti-defection law ravished

Defection in the garb of a merger:
The protagonists of the merger need to revisit the tenth schedule of the Indian Constitution
There is a deluge of views emanating from distinguished persons on the raging controversy regarding the validity of changing of side in the garb of a merger by the five MLAs of Haryana Janhit Congress (BL) in Haryana and the whipping boy is the tenth schedule of the Indian Constitution enshrining the anti-defection law. The self-fulfilling interpretation of the provisions of the anti-defection law by the legal eagles to suit a desired end, the suspicion on the non-partisanship of Hon’ble Speaker of the Legislative Assembly and lack of definitive judicial pronouncement on the subject has cast serious doubts on the efficacy of the anti-defection law, and accentuates the need to put the relevant law in its true perspective. In fact, the para 4 of the tenth schedule of the Constitution enabling the merger of a political party is highly democratic envisaging a “collaborative and participatory working” between the political party concerned and its legislature party consisting of elected representatives in the State Legislature or Parliament whatever may be the case. The law strives to strike a fine balance between the interests of political party and the aspirations of the elected representatives (denoting the will of the people) comprising the legislature party concerned. The contents and intent of the said law lend emphatic credence to the inference that any decision for such merger can only be taken by the original political party in accordance with the rules and procedure as delineated in the constitution of that political party, and to take it further to any logical conclusion must find favour with not less than two-thirds of the elected members of the legislature party concerned. Only a well-considered decision in consequence of due deliberations in concert with each other will sanctify the merger. Hence, it is seemingly erroneous to contend that unilateral decision of the two-third members of the legislature party bypassing the political party ipso facto seals the fate of the latter.
The Apex Court in Ravi S. Naik (1994) while interpreting para 3 of said schedule (has since been repealed by the Constitution (Ninety-first Amendment) Act, 2003, w.e.f. January 1st, 2004) dealing with split in a political party had intoned that “even if there is 100% merger of the legislature party, without a split in the original party there can be no split”. It is noteworthy that said law of split enshrined in the repealed para 3 contemplated a lesser evil inasmuch as not immediately annihilating the existence of original political party. In consequence of split in original political party, the members of the breakaway faction constituted a separate political party and at the same time the original political party also retained its existence Where as in the present case under para 4 of the tenth schedule of the Constitution, the moment the merger is deemed to be valid, the existence of the original political party (read Haryana Janhit Congress) is wiped out entailing grave identity crisis for its founder & supremo Sh. Kuldeep Singh Bishnoi and other worthy members of the party not having countenanced to such a merger- a bizarre and unthinkable result which could never be intended by the anti-defection law as enshrined in the tenth schedule of the Constitution. Hence, as a corollary to above mentioned legal and factual position, it can be propounded that if split could not legally be effected in a political party under the law of split as was adumbrated in repealed para 3 of the tenth schedule of the Constitution without a split in original political party notwithstanding the fact that all members of the legislature party break away from the political party concerned , a fortiori, the merger of a political party into another political party becomes highly untenable just at the instance of members of the legislature party irrespective of their numbers in the absence of any decision of the political party concerned for such a merger.
However, courtesy to the peculiar constitutional scheme of things, and also relying on the hindsight, it can conveniently be prophesized that by the time any litigative churning-up will settle down and adjudication will attain finality, the term of the present legislative assembly will come to an end.

Inadequacies in the legal system to fix judicial accountability

The Tribune, New Delhi, April 19, 2010, page 8
Inadequacies in the legal system
The Justice Dinakaran fiasco and the cash-at-judge’s door scam expose the stark inadequacies in the present legal system to bring the errant judges of the higher judiciary to justice. There is no legally binding mechanism to fix the accountability of a deviant judge other than the impeachment process which is highly technical, tardy and cumbersome.
The defiant attitude of Justice Dinkaran in turning a blind eye to the Supreme Court collegium’s advice to go on leave vindicates the redundancy of the much-hyped ‘Restatement of Values of Judicial Life (Code of Conduct) 1999’.
All stakeholders must realise that judicial accountability is an integral facet of judicial independence and precludes neither disciplinary surveillance nor civil or criminal liability for abuse of power, because no immunity of function can be absolute.
RAJENDER GOYAL, Bahadurgarh

Some non-earthly thoughts about the Mother Earth from my little fairy

धरती माँ का पेड़ काटा,
धरती माँ रोने लगी।
धरती माँ का पेड़ लगाया,
धरती माँ हँसने लगी ।।
(The felling of trees makes the Mother Earth to cry, while plantation of trees makes the Mother Earth elated.)
--- This piece of musing about the plight of Mother Earth in the face of ruthless deforestation is conceived by my Four years old only daughter- Lakshya Goyal @ Khushi (creatively and cognitively precocious !!!!)

'April fool' full of loathesome rhetorics or 1st April heralding load of opportunities

The Right of Children to Free and Compulsory Education Act, 2009 guaranteeing the free and compulsory elementary education to the children of the age group between 6-14 is one of the most revolutionary and salutary law passed by the Parliament since independence. The ‘United Nation Convention on the Rights of the Child, 1989’ vide Articles 23, 28 and 29 bestows a ‘right of good education’ on every children and it further enjoins upon ‘everyone with a responsibility to encourage all children to go to school’. India endorsed this document in 1992. To achieve this end, Article 21A ( a Fundamental Right) was inserted in the Constitution by the Constitution (86th Amendment) Act, 2002 whereby it was mandated that State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine. Hitherto now, this matter was dealt with by Article 45 in the form of Directive Principles of State Policy. To effectuate the said constitutional mandate into reality, the Parliament enacted the said Act which received the assent of President on August 26, 2009 and was published in the official gazette on August 27, 2009 for the general information of the public. HRD Ministry through a notification in the official gazette on February 16, 2010 got enforced the provisions of this Act w.e.f. April 1, 2010. Now the onus lies on the parents or guardians of the children to enroll them in the right neighbourhood School. The governments and other local authorities are also under an obligation to sensitize every stakeholder to make best out of this coveted opportunity. There are many grey areas and bottle-necks in the Act which needs to be addressed forthwith for proper and efficacious implementation of the Act. The first thorny challenge arises from the complexities and intricacies of defining, identifying and notifying the neighbourhood Schools. Besides, the task of working out modalities for enrollments of the children towards 25% quota to be set aside by private unaided school will also be quite arduous and painstaking particularly in the face of specific ban on screening test in any form whatsoever. The repercussions of opening admissions round the year on the qualitative education is also a genuine concern. One other radical aspect of this law is that now child will be admitted to a age-appropriate class in stead of skill-appropriate class as prevailed in the earlier dispensation of education laws. This has left the educationist fuming and fretting throughout the country prophesying dooms day for the school education system. Going beyond the realm of the said law, however, the crux of the matter lies in bringing home the 'eternal realization' about the 'wholesome impact' of the 'holistic education' in the life of a human being. A fortiori becomes imperative to frame an all-encompassing curriculum; to prepare a capable, trained and inspiring community of teachers (role model in real sense); to provide for adequate infrastructure (both men based and physical); attractive and secured service conditions (primacy on academic freedom) coupled with optimal freedom in the matter of administration and management of educational institutions to conceptualize and effectuate the noble ideal of 'holistic education'.

A dove-tail of RTI Act, NREG Act, RTE Act, Whistleblower Resolution (as Whistleblowers Bill still pending in Parliament), Food Security Law (pending in Parliament), Women Reservation Law (pending in Parliament) and much desired comprehensive 'Health Security Law' ( the schemes like Rashtriya Swasthya Bima Yojna albeit laudable but abyasmally inadequate) on the line of American Health Care Law if properly conceived, enacted and executed can transform the constitutional goal of egalitarianism into reality.