Sunday, August 29, 2010

CALLOUS LAW ANTI PEOPLECALLOUS DELHI CAPITAL CALLOUS LAW A BRAIN CHILD OF AFFLUDENT HUMILATING HUMANITY WHAT HUMAN RIGHTS AFTER 63 YEARS OF INDEPENDEN

CALLOUS DELHI CAPITAL

CALLOUS LAW A BRAIN CHILD OF AFFLUDENT

HUMILATING HUMANITY

WHAT HUMAN RIGHTS AFTER 63 YEARS OF INDEPENDENCE?

My Soul has been shaken after reading Sunday HINDISTAN TIMES dated August 29, 2010 when I read ‘SHE GAVE BIRTH.,DIED. DELHI WALKED BY” “CALLOUS CAPITAL PREGNANT DESTITUTE DIES AFTER GIVING BIRTH IN BUSY MARKET, BABY RESCUED BY GOOD SAMARITAN’

DEMOCRACY VS CITIZENS AFTER 63 YEARS OF INDEPENDENCE

A pregnant destitute gave birth to a baby by herself without any medical aid and died on road one lady Fredrick single by status took care of the baby and named her KARISHMA (Miracle) requested her brother and sister-in-law to adopt the baby but the Orphanage authorities aren’t being cooperative in Callous Delhi where head of the state the President of India is a Lady, Chairperson of UPA the Ruling Party of the Central Govt is a Lady, Speaker of Lok Sabha is a Lady, Chief Minister of Delhi is a Lady and Health Minister of Delhi too is a Lady and all our Politicians talk of Women Rights and liberation and there are so many organizations allegedly working for the so called welfare of women and our Flaunt Government arranging Common Wealth Games spending crores of money and above all there is HUMAN RIGHTS COMMISSION based in Delhi close to the site of occurrence where a poor lady delivered a baby on road by herself and could cut the umbilical cord too by herself. Is it not a matter of SHAME?

LOOKING FOR THE CULPRIT

Woman has to bear the burn of her Folly, but where is the man by whom the destitute lady became pregnant? He is a criminal and it is the duty of the Police to trace the culprit book him for murder and be awarded death punishment and if a rich person all his property/assets should be transferred in the name of the baby Krishma and the Court be appointed as her Guardian.

PUBLIC REPRESENTATIVES

As mentioned above all dignitaries at important positions are Ladies and apart from that all M.P’s, MLA,s Local Municipal Councilors are in Delhi and are drawing hefty salaries and allowances in the name of serving the Public and recently the salaries of MP’s has been enhanced and all the public representatives are eating the exchequer without performing their duties to look after the public welfare. This amounts to dereliction of duties and deserve to be recalled. Democracy in India is in shambling gait because of the people’s representatives indifferent towards the problems of the people. Democracy has failed miserably and we need to rewrite the Constitution of India which is People Friendly from grass root level. The present Constitution the brain child of Affluent has not served the desired purpose. We need meritocracy by inviting VOLUNTEARS FOR MERITOCRACY who know the ground realities and are not power Position and money hungry but purely for the service of the People indeed on honorarium basis NO salary and allowances etc.

CITIZEN OF INDIA

Mother of the baby Krishma was a citizen of India, she lay in a pool of dirty rain water, stray dogs lurking nearby and delivered a baby on road and died on road after 63 years of Independence a welfare state hosting CW Games WAS SHE A PROUD INDIAN CITIZEN

Baby Krishma which could be saved I don’t know for what reasons only God knows better whose future is uncertain with no care taker as yet in a Welfare state DO YOU EXPECT HER TO BE PROUD INDIAN CITIZEN. For Politicians she too would be a voter in due course of time. What the politicians are doing for her.

I.D. PROOF

Through out of the life of Baby Krishma and many others like her your Government Departments, Schools / Colleges , Private companies Election Commission & Pass Port office at all levels she will be asked her Mother’s and Father’s name and her identity. Whose name she will mention and how to prove her identity. She shall suffer humiliation through out of her life for NO Fault on her Part... Who is responsible? We need to change Laws in the interest of the Dignity of the Citizens. A paper certificate issued by some Govt officer is more important than the person a citizen of free India. Is this the dignity of citizens enshrined in the Constitution of India a brain child of then Affluent few which is anti people?

SOCIETY AND THE LAW

Human beings because of the wrong and anti people policies of the Government have become head oriented money making machines only and have lost contact with their heart so have become indifferent and callous. Apart from that Law of the Land is not people friendly. Police and all Government Departments are harassing people on technical grounds and no one has a helping attitude. For fear of harassment even gentle God loving people are obliged to avoid to come before Police and Government officials. That is why people were on roads, in the market but no one could dare to face the Police.

Cumbersome law because the Law is inhuman. Law never helps the needy at time because of red tapeism and techniqualites. I being a Senior Lawyer with 45 years of practice avoid to face the Police and the Courts to avoid embrossment uncalled for We need Police , Courts and Government Departments to be public friendly not simply go by callous legal procedure .Government and Society have killed Individuals in Republic of India.

IN VIEW OF THE ABOVE I APPEAL TO ALL INTELLECTUALS PLEASE DON’T BE ACCOMPLICES TO THE PRESENT STATE OF AFFAIRS. ENOUGH IS ENOUGH. JOIN HANDS TO FORM MERITOCRACY IN INDIA IN PUBLIC INTEREST. MAY GOD GIVE YOU WISDOM?

(R.N.PRABHAKAR)

Monday, August 23, 2010

Law of Nature VS Marriage

LAW OF NATURE

VS

SEX VS COHABITATION VS MARRIAGE VS LIVE-IN-STATUS

VS

SOCIO-MEDICO-LEGAL STATUS

MALICE/ COMMENTS TOWARDS NONE

Ever since the creation ADAM & EVE by GOD, the Supreme Unique Artist Creator of Humanity on this Earth there has been three causes for Quarrels/fights/wars on this Earth by our so-called civilized Society and the said causes are (1) ZAR (Wealth) (2) ZAMEEN (Property) and (3) JOHRU (Woman) and the said three causes are still there and shall continue to be there till the Humanity exists on this Earth. In our religious scriptures there is a mention of 84 Lakh Yonies that is Birds, Animals, Insects, reptiles etc and out of those Yonies Human beings are one of them and man is called a social animal and the man/woman is the only living being who is dependent on others right from his birth to his death. God has created the Universe as Couples such as Day & Night, Sweet & Sore , Good & Bad Water & Fire, Earth & Sky MALE & FEMALE but NOT Husband & Wife and except human beings this Socio-Legal contract does not exist among any other species such as among Birds, Animals, Insects, Reptiles and so on although all indulge in Sex, Cohabit and produce children and take care of their young one’s till they are able to find food for themselves and there is no relationship as Husband & wife followed by its complications of family set up, partition of family, inheritance of assets after death and/or in short on question of quarrels/fights/ wars on account of the three causes mentioned above. All are living life and enjoying it without any crime such as Rape, Molestation, teasing, Stalked, Theft, Murder, Robbery, Roadrage and NO litigation hence no Courts of Law and the Police. If all others can live life peacefully WHY can’t live the Human Beings with all the wisdom and infrastructure as Legislative, Executive and Judiciary and other assisting agencies? It is a matter to be PONDERED OVER by people concerned in a Social set up WHETHER THE SOCIAL SET UP HAS FAILED TO DELIVER THE DESIRED RELIEF TO THE HUMANITY?

SEX : Means a Cohesion, Sexual intercourse a biological Medicare natural act between a male and a female without establishing any social relationship God has created living beings with Sex Organs with a specific purpose and these cannot be useless and unwarranted. It is medically proven fact that it is a biological need of every human being after a certain age without which the person shall go mad or act abnormal and each one learns it without any Sex Education, ridiculous and Infructous rather damaging and harmful prompting of sex among teenagers in schools. It’s not only for the Human Beings but all other living beings Birds and Animals are doing it without any problem. All the problems pertaining to Sex are man made insolvable and shall continue to be so whatsoever the Social setup or the Courts of Law may do. Sex is being practiced between adults either openly and/or clandestinely without any age limitations from times immemorial and shall continue to be practiced under any circumstances since it is a Natural phenomenon well known to each and every person whether for and/or against sex whether they openly admit it or not but it is a reality and the reality never dies even being denied loudly by words of mouth. You can never rock the boat. There is cohabitation among adults irrespective of age factor whether recognized or not is a Reality Like death after birth. The term now a days used among media as ‘honour killings’ is a proof of it apart from other media reported matters among elderly persons including among close relations and friends and also where Politicians, Bureaucrats, and the protectors like Police Officers are involved. In such sex relationships there is no question of maintenance u/s 125 CrPC and/or of legal heirs and/or right to inherit any share in the assets of the person involved. Such a consensual sex is for pleasure which both the partners share and is like a Prayer or love for the sake of love only since no monetary consideration is involved which may be termed as a business and/or a profession. Through ordinary sex man is born but through Meditative sex GOD is born. I quote below some examples from religious scriptures as of pure innocent sex/Love without lust which I have termed as ‘Meditative Sex’ in my authored book ‘WHY ONLY MAN IS IN DISTRESS’ and children born out of such sexual cohabitation are Godly personalities since it is all as per the Law of Nature and the popular names are as follows:

Lord Jesus son of Marry, the virgin;

Hanuman, of Ramayana, son of Anjani, Pavan putra Hanuman;

Karan of Mahabharta, son of Kunti, the virgin

COHABITATION VS MARRIAGE

Cohabit is to dwell together as husband and wife as permanent partners for sexual intercourse for the socio-medico-legal purposes and the partners enter into an agreement either written expressed or implied called socio-legal contract and as such they submit their partnership/relationship to the Law enacted by the Legislature of the land where questions of legal heirs, right to inherit any share in the property come into play and the partners are obliged to honour the terms of the said socio-legal contract the violation of which comes with the preview scope and jurisdiction of the Law of the Land. The emphases is being knowingly ‘permanent partners’ by WILL, intention, purpose, action and indeed. Nothing short of it. Male and Female boyfriend and girlfriend without Will and intention to dwell together as husband and wife either in some Home, House and/or in a Hotel room without intending to be husband and wife although cohabiting do not become husband and wife mere by staying together because of some reasons of mutual interest.

Institution of Marriage has failed to fulfill its desired purpose because in arranged marriages the boy and the girl neither knowingly, intentionally, willfully nor for a purpose and action indeed decided to dwell together to set up a family for producing children with known responsibility. In arranged marriages the decision is mainly of the parents while the boy and the girl just act as actors to perform as per the directions of the Director parents. Because there was no known will and intention on the part of the partners to the marriage we find divorce matters are increasing in the Courts and the law is also misinterpreted and misconceived for obvious purposes and there is absence of Harmony which spells disharmony precursor to the cause of agony and the unity & integrity of the sweet homes is being destroyed.

LIVE-IN-STATUS

At the outset question arises Why people opt for a Live-in-Status? Because they feel their individual freedom has been curtailed. They were born free but find themselves in chains which are intolerable. They want of live life according to their own will without any if’s and but’s and/or monitoring whatsoever. Freedom is one’s birth right.

Each Individual is Unique in all respects and the Life is only for once and it must be enjoyed fully including in performing biological-medico requirement of performing sexual intercourse between two adult male and female friends, not willing partners in life, on the basis of WILL and INTENTION to ‘walk in and walk out’ without creating any obligations, rights and duties with regard to any sort of property just to enjoy life for the sake of enjoying life to share Love and affection. Lord Jesus has said “LOVE IS GOD” It is a PRAYER. GOD is not for sale as a business commodity for a consideration either in cash or in kind, paid or promised, part paid or part promised. Love is a sacred exchange of emotions, sentiments regards ,affections, feelings, trust and belief in some one and it must be out of sweet will not for any fear or favour. Social relationship is the birth right of a person and no encumbrances need be construed to the personal freedom of any individual in choosing and maintaining such relationships.. We do not know from where we came alone in this World and we also do not know after death we alone shall go to which place. Suppose after birth we were abandoned in some forest near the Sea left to ourselves what Name, religion, caste and/or nationality we shall acquire. Birds, Animals and other species have no names, religions, castes etc but they all do sexual intercourse after attaining their age of puberty, produce children, take care of them till they are able to find food and shelter for themselves and there after they don’t’ care for relationships. They all live a natural life without establishing relationships of any kind. No marriage, no heir ship, no inheritance and share because the consensual partners just walk into each others lives by will and consent and walk out at will without any obligations and/or regrets. If Birds and Animals can live without marriage why not human beings? Man too is a social animal. If the relationship of Live-in-status for a considerable time is to be construed as Marriage I am afraid there shall be avoidable long drawn litigations and criminal activities shall be more making the life as a hell on earth and the Courts of Law shall be construed as abettors to the crime and unhappiness in life. The following crimes are apprehended:-

(1) Apprehension of breach of peace;

(2) Attempt to murder;

(3) Attempt to kidnapping;

(4) Character assassination

(5) Criminal assault

(6) Fabrication of false Wills and other documents regarding settlement of property and assets, False rent deeds and/or numerous other such things since the mind of the offenders is fertile, sharp to device means than the codified, outdated and rigid law contained in the Law Books and followed by the Courts of Law of the land.

If Live-in- status is to be construed or deemed as a marriage Whether the close association togetherness and Living-in status and till date associated in the believers of Bhagwan Krishna and Radha be deemed amounting to marriage for all the encumbrances attached thereto? The devotees so often wish each other as ‘Jai Radha Krishna’ and Krishna become Bhagwan Krishna because of Radha inspite of his having a living wife. As reported in media Pt Jawahar Lal Nehru and Lady Edwina Mountbatten too were close friends for a long time apart from many others.

The plausible proposition is to recognize the live-in status in its status Quo position and allow good friends to share the Love and affection without burdening them with legalities following the Supreme Law of Nature in the best interest of Humanity.

(R.N.Prabhakar)

Advocate

Friday, August 13, 2010

supreme court on grain rot

SUPREME COURT ON GRAIN ROT

On 13th August, 2010 In HINDUSTAN TIMES it is reported that Hon’ble Supreme Court issued stern directive saying if grain cannot be stored, it should be distributed to the Poor. “As much as 178 million tones of food grain enough to feed 140 million people for a month is being wasted because of shortage of storage facilities” “ As a part of short term measures, distribute it to the hungry for free” a bench headed by Hon’ble Justice Dalveer Bhandari told Addl Solicitor General reminding the centre of its responsibility.

In the same report agricultural Ministry told HT “ we are in urgent need of urgent and massive structural reforms. Implementing this order is going to be very difficult”

In view of the comments by the Ministry it is clear that there is no political and administrative will to work for the welfare of the poor & hungry citizens of India because of whose votes the Ministers, MP’s, MLA’s and Municipal Councilors are enjoying the powers & prestige and are drawing hefty Salaries, allowances and perquisites on Public Money. It is a clear case of dereliction of obligations and duties on the part of the concerned public Representatives and bureaucrats because of lack of will to work and hence under the rule “no work no pay” all the concerned officials are not entitled to any payment since they have not shouldered the collective responsibility. Not only this Mr Psarad Pawar denied in Parliament that there is no much grain rot its only flaired up by media.

Apart from this Un-willingness the Question is who will decide who is in reality hungry and the Poor (poorest) deserving the free food grain? In view of the rampant corruption at all levels and scams in daily new it is most likely that false poor and hungry shall be lined up and through these people the food grains shall go to rich business people having political patronage and the profits shall be shared but the real hungry poor and needy shall still remain poor and hungry to die on roads.

I seek co-operation of Intellectuals to PONDER OVER if SUPREME COURT and/or HIGH COURTS have to run the Government then why spend money on MINISTERS, MP’S , MLA’S AND MUNICIPAL COUNCILLORS at all. WHY NOT DO AWAY THIS SYSTEM AND THE GOVERNMENT BE RUN BY “‘VOLENTERS FOR MERITOCRACY”in the best interest of public at large. WE CAN’T BE ACCOMPLICES TO THE PRESENT STATE OF AFFAIRS. Coming Generation shall CURSE us for being irresponsible citizens.

(R.N.PRABHAKAR

ADVOCATE

Independence Day

INDEPENDENCE DAY

63 years ago on 15th of August, 1947 we achieved Independence from British Raj and enacted the CONSTITUTION OF INDIA on 26th November, 1949 declaring India a REPUBLIC with fundamental rights one of which as per Article 19(d) is FREEDOM OF MOVEMENT. The citizens have the right “to move freely throughout the territory of India”. but is it true .DE-FACTO (in fact)?

Inter State Borders are sealed and no one is allowed the free movement in the territory of India even in the jurisdiction of NATIONAL CAPITAL REGION. Does it not amount to suspension of the Article 19(d) without following the due process of Law and without declaring the state of emergency in India? What massage we are going to convey to the young Indian citizens that Constitution is only a pious book to show to the World but not to be followed in practice. This administrative order cannot abridge and surpass the Constitution for any reasons what so ever. This amounts to the flagrant violation of the Constitution and hence ultra virus and enforceable through a Writ Petition in Hon’bele Supreme Court and/or should the People come on Roads against the un-constitutional Orders/ decision which is against Public Interest?

Whatsoever the security reasons may be advanced but freedom of movement guaranteed

By the Constitution of India is paramount and the Central and State Governments are under an obligation to honour the said guaranteed Right of Freedom of Movement under any circumstances failing which the concerned Governments be deemed as un-fit to run the administration under the Rule of Law.

(R.N.Prabhakar)

Advocate