Why is a girl child becoming a burden to the society?

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Abortion! The moment you here this word there is some strange expression and a morose feeling in you. It is one of the world’s most painful feelings for the mother. Now the point to be considered is that whether this feeling is the same when it’s a baby girl and a baby boy? For most of the people it is No they are happy to get a baby girl aborted rather than a baby boy. As a result of this selective abortion girls and women between 35 and 40 million are missing from Indian population. And the sex ratio is 800:1000 in some parts of the country.

Basing on these facts do you think we need to blame the urban sect or the rural sect? I feel both the sects are equally to be blamed as no one has a clean chit in this aspect, even the educated and erudite people the so called urbanites are also doing the same thing by discriminating between the foetus and killing a life.

How bad is that when we kill a man alive we call it murder but when we kill the foetus it is called abortion, yes I do accept that for abatement to abortion is do punished in law but Is the same degree of punishment the answer to which is No in both the cases it is taking away the life but unfortunately our law discriminates both.

Through the ultrasound scans and amniocentesis the sex of the foetus can be determined during pregnancy and aborted if it is female child why is the state of women like this? We call INDIA as “Bharath Matha” the word implies a female when country itself is respected soo much then why are they so many females infanticide cases in the same country. We feel proud that the Speaker of the Parliament is a Women, the Ex-President was a women and the leader of the ruling party is a women but we forget that in the same country a female is also killed even before taking birth.

Divine justice demands that the rights of both sexes should be equally respected since neither is superior to the other in the eyes of heaven. In the so called puranas women goodess are given a eccentric and conventional place we are told by our elders to take inspiration from the puranas why don’t people take this sort of things as inspiration.

Amniocentesis was introduced in 1975 to detect foetal abnormalities but is soon began to be used in determining the baby’s sex. With the advent of privatization and commercialization the use of pre-natal diagnostic techniques is growing into a thriving business in India.

Parliament has realized the grave implications or outcomes arising out of the misuse of the pre-natal diagnosis techniques and therefore intended to regulate the use only for certain medical purposes. The government has realized that the abuse of technology for deter of sex of the foetus is leading to effect the dignity of women with this objective Pre-Natal Diagnostic Techniques(Regulation and Prevention of Misuse) Act 1994 wef 1/1/96 has been passed and according to this act compulsory registration of Pre Natal Diagnostic centers is made. Sex detection violates the rights which are enumerated in Article 14 and 21 which relates to right to equality and right to life respectively.

Even the code of Crpc is against this sort of situation so under Section 416 it mandates that the High court should postpone execution of a female if known that she is pregnant. In this way the court indirectly recognizes the right to life of a female.

The basic reasons why a female is being a burden and there is discrimination is that:-

  1. There is strong preference to a son in the society
  2. A girl is regarded as a burden of dowry payment
  3. Social belief that son can keep family name
  4. Old age care and support

Based the things I stated above I am confused that when there is dowry prohibition then why do males have to take dowry and why do a girl become a burden because of dowry? And from where is the fact proven that only a male will see through the parents in old age and only male keeps up the name of the family in the society…all this is nothing but illusion which people should overcome and should have a broad outlook towards women.

By Taruni Banda

I am a small town girl.

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I am a NLUite. My mother is an Aanganbaadi Sewika and my father is a businessman. My parents barely earn rupees 20,000 a month.  They any how manage to cope up with my expenses. Numerous students across the nation have their stories similar to this one. The problem which now lies is not expenditures, but expenditure in education.

The role of government or, an administering body is to ensure the maximum welfare of its population. Now, when we are in an era where education is a need from which we cannot avoid; we need a security in education. Undoubtedly, various schemes run throughout the country which makes education possible to everyone at the school level. Also the Central Universities, maintain a low fees for its students. But, when we come to premier institutions like IITs, NLUs, NIFTs and IIMs, what scares us is the fee structure. This fee structure demands for more and more, and obviously the supply is made.

The Supreme Court of India has cleared a ruling according to which the professional colleges across the nation will observe a fee hike. Consequently, this year there was a 48% fee hike in NIFT and the fee structure at IIT climbed to 90,000 per annum. Some other colleges also observed a hike of 40-50%. Now, this has put a burden equally on the students and their guardians. Both equally face the pressure, i.e., the students to procure a job and the guardians to pay the costs.

In the recent years, the banks have become the saviors in such situations. They offer easy bank loans and ask for repayments only after the completion of the course. But for the repayment, we need a job. Do we have a job security in this nation? A nation is facing the problem of unemployment and, its banks are giving away education loans on the consideration of a promise that they will get employed; this situation in itself is peculiar and contradictory.

In a country where lakhs of crores get wasted in scams, where millions are smuggled and billions bribed; money by default can be termed as worthless. And thus, for those it is not; get rid of their dreams. Had I seen the fee structure before appearing for CLAT exam, I would have never appeared for the same! Our leaders spend lavishly for their travel and luxury. They themselves maintain their criticism by their unethical, immoral and corrupt acts.

The Supreme Court in its landmark judgement has stricken a provision of the Representation of the People Act 1951 (‘RPA’) that sought to protect convicted MPs, MLAs or MLCs from being disqualified if they appealed their conviction in a higher court or filed a revision application. Hopefully, with reference to this, in the long run, more scams will be discovered, only few will be accomplished in future and, finally, the ruling party will be have more to give away for education in their budget. We need this, because “KITAB-COPY, PEN-PENCIL SAB MEHNGA HAI, MEHNGAAI BAHUT BADI PROBLEM HAI”.

Right to food

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Food is the basic necessity to have sustenance of life. We see different sect of people in India, there is a sect of people who have lavish food and who are even ready to waste it in the same of revellers and there are another sect of people who don’t even have their basic meals per day. The point I want to bring to your notice is that do we have the right to food as anyother their right conferred by the constitution and the answer to this question is YES as any other right we Indian even have the Right to food. The supreme court of India in both kishen patinayak and another v state of Orissa and Peoples union for civil liberties v union of India&others has categorically recognised the RTF(Right to food) under the stipulated Article 21 of the constitution and also DPSP(Directive principles of state policy), but another question which arises out of this is against whom is this violation of  Right to food is enforced, is the state or private body our upon our own disability…..

The latest incident about 20 children dead in Bihar due to poisoning of the mid day meals given by none another than the government, who is to be blamed in this the government, the middle men or the children themselves for their own destiny……the right to food does not mean that the government has the obligation to give free food to people it is only when people are deprived of food the government comes into picture to rescue them as said in the above incident.

After all this if u get a doubt on what actually the right to food means? Here is your answer it means the right to get food for themselves with dignity, sufficient food is available and people should have the means to access it which fulfils the requirement of daily calorie intake. The right to food confers on every person the right to be away from hunger, malnutrition, food insecurity.

Every human being is born with the inherent right to food it is generally credited to a famous speech by President Franklin Roosevelt of the U.S.A called the four freedoms- of Speech, of faith, from want, from fear. This is included in the universal declaration of human rights adopted in 1948.

Right to food is included in the international covenant and economic, social, cultural rights and adopted by the U.N general assembly in 1966. A total 156 countries have ratified it upto date. Article 11 of the covenant of economic, social, cultural rights recognises adequate standard of living……including Right of everyone to be free from hunger.

India’s right to food effort accelerated in 2001 with a law suit brought by civil liberties NGO in Rajasthan.

The important thing that has to be noticed by us is that when people certain rights they even do have certain duties and obligations to be fulfilled, fortunately or unfortunately we only remember our rights and not duties so when people have the right to food they even have the obligation not to waste it as they generally do it all sumptuous festivals, ceremonies, amusements. It is to be noticed that a person’s right becomes a duty of others that is if a person has a right to food another person has the duty not to waste it and use it in the proper sense so that it becomes a meal for the needy…

 By-: Taruni Banda

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The Right to Waste Time.

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Newly designed coaches of the Rajdhani trains

Newly designed coaches of the Rajdhani trains (Photo credit: Wikipedia)

As quoted by Harvey Mackay, “Time is free, but it’s priceless. You can’t own it, but you can use it. You can’t keep it, but you can spend it. Once you’ve lost it you can never get it back.” This implies that time is something precious. To make my point strong, here are a few more quotations well accepted by the human race. “A man who dares to waste one hour of life has not discovered the value of life”, by Charles Darwin; “Time is more valuable than money. You can get more money, but you cannot get more time” by Jim Ron; and, “Time is the most valuable thing a man can spend”. The evidence provided is adequate enough to display the importance of time. But, once when I travelled by a special train I came across a totally different ideology which negates the significance and the prestige of time.

The train which makes you feel special as a passenger is a special train. The train keeps a good care of you, endows you with good sleep, and keeps you away from the time rush.  Only a few Indian travellers have had the opportunity to board a special train because it runs only during vacations and festive seasons. Fortunately, I am one of those privileged travellers who managed to feel the honored experience; not just once, but twice.

The first time when I boarded the train it reached the destination 10 hours late and the second time even better, 17 hours late. It was a summer special train. Now, the information provided above may look sarcastic but a travel in a special train has its own benefits. The train in its looks matches Rajdhani in its interiors and exteriors, and the passengers like me who cannot afford a Rajdhani ticket travel by a pseudo Rajdhani. The train hence, fills the hearts of its passengers with joy. The train provides you with adequate sleep. For the insomniacs, it is the best option. Even for those who believe that they manage two-three sleepless nights fail against the special trains because, during the journey you are fed up with all your means of entertainment. The trains hence, help maintain health. The train protects you from the weather extremes, if any. The train keeps you secure and, also helps you save because once you are on road you start spending on different stuffs. The train by virtue reaches late and therefore, saves your hotel expenses, if any. One also has adequate time to roll through the timeline of his/her memories “ wo bhi since birth”. The train even enhances one’s will power. One keeps on praying to reach the destination as soon as possible, the train takes you through all ups and downs and finally, passing through all levels of patience; one attains the target, never on time.

The era in which our country is introducing Speedy Trials and Right to (speedy) service; the idea of Special Train in itself is a revolutionary one. This actually should be welcomed. World powers have never ever had the courage to challenge the reputation of time but, special trains have taken a step forward. It’s time to waste time and board a special train. Cheers.!

Legality of surrogacy in India

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           Motherhood as everyone says is the worlds best relationship between a child and her mother, call is globalisation or modernisation this precious relationship has turned into a business to some people and dreams come true to some other. Surrogacy is an arrangement or call it an agreement between a woman and the intended parents who carries the child of these parents.

  1. The word surrogate has its origin from the Latin word “surrogates” meaning a substitute that is a person appointed to act in place of another. The report of the committee of inquiry into human fertilization and embryology or the Warnock report (1982) termed surrogacy as the practise whereby one woman carries a child for another with the intention that the child should be handed over after birth to the intended parents.

  2. The worlds 2nd and India’s 1st IVF(In Vitro Fertilization) baby, Kanupriya alias Durga was born in Kolkata on Oct 3,1978 about two months after the world 1st IVF boy, Louise Joy Brown born in Great Britain on July 25,1978, since then the (Assisted Reproductive Technology)ART came into existence.

  3. There are various kinds of surrogacy like traditional surrogacy, gentical surrogacy, donar surrogacy and so on…

  4. Coming to the issues relating to surrogacy are many from legal to religious lets have a look into it:-

  • Legal issues-

  1. Are surrogacy agreements enforceable, void or prohibited, does it make a difference whether the surrogate mother is paid or simply reimbursed for the expenses?

  2. Is there an alternative to post birth adoption for the recognition of the intended parents as the legal parents, either before of after the birth?

  1. Should we be concerned about exploitation of motherhood and corrosion when women are paid to be pregnant and deliver babies?

  2. To what extent it is right for the society to permit women to make contracts about the use of their babies.

  3. What does motherhood mean and where is the nuptial relationship lost after giving the child to the intended parents.

  4. Does the surrogate child have the right to know about the identity of her nuptial mother?

  • Religious issues-

  1. Catholics-paragraph 2376 if the catechism of the catholic church states that “techniques that entail the disassociation of husband and wife by the intrusion of a person other than the couple (donation of sperm or ovum, surrogate uterus) are immoral’’

Most important thing that is to be considered here is that most of the foreign nationals are exploiting Indian poor women especially unmarried by showing them the lust for money and entering into surrogacy arrangements which is spoiling the lives and social relationships of these women the government has to look into this issue seriously and a determined law is to be framed in this aspect. On one side this sort of surrogacy births give a ray of hope to those people who cannot conceive but to the other side and to a very large extent this sort of arrangement is being used only for exploitation purpose which has to be kept in mind.

By-: Taruni Banda

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HISTORY vs. ENTERTAINMENT

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In the words of Mark Twain, “India is the cradle of the human race, the birthplace of human speech, the mother of history, the grandmother of legend, and the great grandmother of tradition. Our most valuable and most instructive materials in the history of man are treasured up in India only.” India is a country where culture holds a very vital and strong position. This is also the most important reason why the world recognizes our nation and endows respect to it. We owe this, because a reference to history always makes an Indian proud.

To depict the greatness of Indian History, in the earlier times plays were organized. Then theatres took the charge. And, now finally television has taken the up the responsibility. As time has evolved, the T.V. entertainment has taken a shift in its broadcasting commodities. Earlier, where Mahabharata and Ramayana used to be the heart and soul to Indian television, now we have a new variety of shows. It’s an effect of globalization and also, modernization that the demand has shifted to reality shows and also to those which demonstrate intellect. There is also a liking for telecasts which we term as “daily soaps”; undoubtedly, the ones which are at the present the kidneys and lungs for majority television consumers in India.

In spite of this, we have also witnessed the saga of Lord Rama, Lord Shiva, Lord Vishnu, Lord Ganesha, Lord Krishna been broadcasted. The stories of Chandragupta, Prithviraj Chauhan, Rani Lakshmibai, Maharana Pratap, and Jodha-Akbar which have rocked our Indian history have also been on air, or, are being aired.  But sadly, the versions which we are consuming as viewers of these shows are deviations from the original one. The focus from the display of history has shifted to the dissemination of entertainment, only. Recently, a writ was filed against the broadcasting of “Jodha-Akbar’ serial on the grounds that the contents of the show are a “distorted presentation” of historical figures. This has hurt the sentiments of a large population in Rajasthan.

The question which now lies to analyze is the importance of history for the new India.  Are we running away from our culture and traditions? Are we not amazed by the legends of our historic achievers? Or, in this fast and furious world full of lust, has the Indian consumer lost his taste for the basic food? Because in the market of demand and supply, the buyers are supplied as per their call. The world of fantasy may be fascinating, but as dialogued in different Indian movies and serials, “Ghar ka daal-chawal is always better than Bahar Ki Biryani”; it is healthy, indeed.

 By-: Tejaswini Ranjan

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Analyzing Negligence

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Negligence: Inviting disasters Negligence refers to doing of an act which a reasonable person would not do and not doing an act which a reasonable person would do. Negligence is both, civil and criminal. In general, Criminal negligence is negligence that is aggravated, culpable .On the other hand, civil negligence often the breach of duty of care which injury or, loss. For civil cases, the ingredients required are the duty of care, breach of theta duty of care, causation, i.e., the underlying link between the defendant’s act and the injury or loss and finally, the injury caused. In criminal law, according to Section 304 A of the IPC,

i.e., “Causing death by negligence.–Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.” Negligence has resulted in several cases of road and other accidents. In a statemenJustice Sathasivam mentioned that in India 120,000 people die every year. Along with this, 127,000 people sustain injuries every  year in road accidents. Also, as per the statistics, there is one death on the Indian roads every six minutes and this is expected to quicken to one death every three minutes. This has also become a gateway for severindividuals to escape away from the crimesthey have committed. Instances being the involvement of some big names in some well-known cases. This is just one aspect. Negligence in the other aspect which touches our daily life is in the form of consumerism. This phenomenon usually occurs from both the sides, i.e., the buyer and the consumer. The act ranges from buying of articles which can no longer be brought in use to paying an illegitimate amount for a good which is not worth it. The sections of Consumer Protection Act are also taken under the purview of Section 304A of IPC for the issues of damages and compensation. The maxim here that lies is, sic utere tuo ut alienum non loedas, i.e., a person is held liable for the consequences of his negligence. The next and the most dangerous of all is the negligence which results in natural calamities, the recent one being the Uttarakhand case. Ignoring the needs of nature has always resulted in nature showing its fearful colours. The top ten of all amongst the deadliest natural disasters which have occurred in India are “the great famine of 1876-1878”, “the third plague pandemic”, “Bengal famine of 1770”, “Bengal famine of 1943”, “Deccan famine of 1632-33”, “1839 Coringa cyclone”, “1737 Calcutta cyclone”, “2001 Gujarat earthquake”, 2004 Indian Ocean Tsunami and the “1993 Latur earthquake”. Evidently,

environment is an issue which has always been in the locked box of negligence both in the cases of the ruled and the ruling mass. Sadly, environment has never been an agenda in any policy though it affects our lives the most. Plants and animals, even we form a part of the same. It, therefore, is our responsibility to preserve the same, so that along with this our needs also get fulfilled. A disaster like that of Uttarakhand’s has to be swerved to evade the loss of human resources.

By-: Tejaswini Ranjan

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why old age is becoming curse for many people?

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Old age means the age nearing or approximating average life span and the end of human cycle. It is the age which has less reawakening and reconstructive capacity, they feel insecure due to their declined earning capacity. It is the age where they depend upon their kith and kin for pecuniary, physical and emotional needs. But at this efficacious and progressive generation children are not

finding time to cater the needs of their parents and are concentring their parents into old age homes by leaving them as dieing and destitute people. It is time to realise now that these people are not insecure and backed by support of law. The government had made various legislations for granting social security measures to old people as burden is moving on to the government and community rather than the family, prominent of them being the Code of criminal procedure 1973 (sec125-127) the importance of this Sections is that it applies to all Indians whether Hindu, Muslim, Christian, Parsi etc but here too the deficiency is that the parents are to be maintained only when they are unable to The Hindu Adoption and Maintenance Act 1956 (sec18-22). The Lacuna of Hindu Adoption and Maintenance Act 1956 is that is applies to Hindus only under Section 20 of the act, both Hindu Male and Female are under legal obligation to maintain their debilitated and The Maintenance and welfare of Parents and Senior Citizens Act 2007 especially women is one epic legislation which is still not much in the limelight. The special feature of this act is that justice is provided in 90 days from the date of filling application. Nowadays Parents are spending a huge sum of money for the children education and for their secure future but the younger generation are being selfish and hoggish; once their needs are catered they forget the support and abutment given by their parents by just leaving their parents at their own stake when they need their children’s support in turn. So, Instead of dipping their retirement funds for the benefit of their children parents should go for education loan as they will get tax deduction also under Sec80E of Income Tax Act 1961.

By-: Taruni Banda

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How to stop police investigation, If there are malfide in the investigation.

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In order to stop investigation by a police officer due to malfide,  the writ under Article 226(mandamus) must be moved and magistrate does not have any power to stop the investigation and call for inquiry u/s 159 CrPC.

[Citation]http://www.indiankanoon.org/doc/644972/

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