Amar Bharat

6
Nov

Happy or Ashamed! Faizabad’s name will now be Ayodhya, Yogi Adityanath declares

A few days after changing the name of Allahabad to Prayagraj, Uttar Pradesh’s Chief Minister Yogi Adityanath announced on Tuesday that Faizabad district will now be known as Ayodhya. The Chief Minister said in the pilgrimage located about 120 km from the state capital Lucknow, “Ayodhya is a symbol of our ‘Anan, Baan and Shan’.” Adityanath said, “No one can do injustice to Ayodhya.” He also said that Ayodhya was identified by Lord Rama. He said that there is a construction of a medical college which will be named after Dashrath. Also, the Yogi announced the name of the proposed airport in the name of the city, under the name of Srimada Purushottam Ram.

Politics and Religion should be separate and yet has certain positive interconnection so as to work for the welfare of its citizen. Unreasonable interference of either of them may be a primary cause of chaos following disturbance of the peaceful health of the state.

This is why President President Thomas Jefferson On January 1, 1802 wrote a letter to the Baptists of Danbury, Connecticut, who had requested clarification about the meaning of the First Amendment to the Constitution.  Jefferson described the Establishment Clause of First Amendment by writing

“Religious leaders and their followers should relish in this wall of separation, rather than trying to knock it down.  Why?  Because it is there not only to keep religion out of government, but to keep government out of religion.” This was how, the country from where we copied major part of Fundamental Right which is enshrined in part III of the Constitution of India managed to control unreasonable encroachment of state and religion for better health of its citizen.

Secularism in India means equal treatment of all religions by the state. With the 42nd Amendment of the Constitution of India enacted in 1976, the Preamble to the Constitution asserted that India is a secular nation. However, changing name of the cities in the name of religion and that too by mere announcement in religious event is against the preamble of the Constitution of India, thus unconstitutional.

Into Legal World on this auspicious occasion of Diwali invites advocates and anyone who is interested in the cause to file PIL on this matter. Advocates or law students interested to work on this matter may mail us at info@intolegalworld.com.

 

Please note that legal responsibility of this content falls on Amaresh Patel. 

 

Please no

4
Nov

Despite the matter in hold in SC, the government can make laws for building Ram temple: Justice Chelameswar

Former Supreme Court judge Jagti Chelameswar said on Friday that despite the case pending in the Supreme Court, the government could make laws for the construction of Ram Temple. He said that there have been instances of creating a barrier in court decisions by the legislative process.Justice Chelameswar has made this comment at a time when demand for a law to make a path for the construction of Ram Temple in Ayodhya is increasing in the Sangh Parivar. Justice Chelameswar remarked in a discussion session organized by All India Professionals Congress (AIPC), a Congress party affiliated organization.

“Legally if it can happen (or not) is one aspect. Whether it will happen (or not) is another. I’m aware of instances that happened in the past where decisions of the Supreme Court were scuttled by the legislative process,” he said.

4
Nov

The Statue Fails to Create an Impact for What Sardar Patel was Known for

Vallabhbhai Patel, who is popularly known by the name of Sardar Patel, is known for his leadership and his strength and tactics in uniting more than 550 princely state without which it would have been impossible to realize India as a country. He was respected  for the decision he made and honoured for this firm view on the matter concerned with citizen of India. It was under his leadership a chapter in Constitution named Fundamental Right was drafted and his clear view on freedom of speech and expression gave a way for freedom of press. He was certainly not known for his personality of physical existence. He was never a show-off person. My problem is not with that of money spent in building such a grand statute. The main problem with the statue of Sardar Patel is that it looks like an enlargement of a passport size picture and thus fails to create an impact for what he was known for. I hope it was not made just to mimic a photograph to which we are anyway familiar with.

If we look at the statue of liberty with the torch held up in the air, it conveys the thrill of freedom. A Gandhi statue with his long stride and the walking stick conveys motion — depicting the movement that brought us Independence.

A statue of Mother Teresa shows the love and care in her face for the orphan child in her arms.

An Ambedkar statue with a finger pointing the direction we are headed with India’s progressive constitution in his other hand pays homage to the person who headed its writing. A meditating Buddha statue fills us with peace and tranquility.

The 50 inch statue of the Fearless Girl in front of the Charging Bull on Wall Street may be tiny but shows the power of women.

The problem with me is not just with thousands of crores of public money wasted in making a grand statute. But it was a formality.

What difference it would have made if the statute symbolizes unity?

After and before independence, Sardar Patel was face behind unity of nation. He was an advocate who is well known for fighting for the rights for adivassis and farmers. However, on the contrary, Sardar Sarovar, is one of the world largest dam, well known for displacing adivasis and farmers. Not to blame electrol party, but the Government itself who didn’t gave a damn about the rights of farmers and adivasis. Even after huge protest, most of the uprooted adivasis and farmers have no place to live, hundreds and thousands of them died in struggle for their right.

The grand tallest statute of the world, the Statute of Unity, the Statue of Sardar Patel, would have been really the tallest and would have been respected the most if it would have paid a true homage to the people displaced and never rehabilitated, those who died in process, and to those who is still looking for justice.

The statue for record is surely the tallest, but unrespected, signifying a token of formality.

by Amaresh Patel

4
Nov

TROLLING: A GRAVE TREND OF TODAY’S SOCIETY

Today’s society is largely referred to as the Digital Society. Serious efforts are been made in adopting and integrating information and communication technologies at home, work, education and recreation. One can certainly not deny the numerous benefits given by being a Tech savvy, but at the same time it has also brought new compilations and worries. One of the major one being- Trolls.

Trolls or trolling someone can be defined as when someone who posts inflammatory, extraneous, or off-topic messages in an online community, such as an online discussion forum, chat room, or blog, with the primary intent of provoking readers into an emotional response or of otherwise disrupting normal on-topic discussion.

Trolls is said a way of removing their vengeance and aggression towards a particular person. It’s an online aggression and the people behind these trolls stay in anonymity. Thus relatively little is known about the type of people who troll. Abusive and derogatory words are used by the people who troll. The purpose behind trolling is derive pleasure from annoying others, it is a source of entertainment for the troller, to get attention, recognition and feel powerful. It has been compared to flaming in cyberbullying and many people who troll think what they do is an “art”. There are different types of trolls such as Paid by Neta Trolls, Religious Crusader Trolls, Misogynist Trolls, Body Shaming trolls etc.

One should not confuse trolls being similar to bullying. There is a difference between the two. Bullying is definitely a subset of trolling, as bullying is done with the primary intent of provoking people into an emotional response. But there are many other actions that can be categorized as “trolling” even though they aren’t necessarily bullying. In fact, provoking readers into an emotional response is often a huge component of getting them to laugh.

Trolling’s is not done by one single person’s act or comment. It is done by a group of people at large, the numbers of which vary from hundreds to thousands. Question arises why do people indulge in such act? According to a study published by the University of Manitoba, in Canada, it was found that trolls exhibit the personality traits of narcissists, psychopaths and sadists – taking pleasure in the suffering of others and lacking remorse or empathy for their victims.

The victims of trolling are particularly the vulnerable and minority sections of the society. In India it has been observed that it is the woman who have majorly been the victims of trolls. One can certainly not forget Smt. Sushma Swaraj (MP) and journalist Barkha Dutt being trolled for doing their work. They were abused and various offensive terms were attached to their names and offices. Even their family members weren’t spared.

It is believed that Trolling is a ‘mind game’ and is done to silence the person and therefore the best way of dealing with trolling is to ignore rather than engage with a troll. But is it that easy to ignore them? Writing or commenting is said to be utilizing ones right of expression and opinion. Can it be said and accepted that this is the ‘new’ mode of expressing one’s opinion regarding a particular person and his/ her work? Importantly can it be said that this is the new way Freedom of Speech and Expression will be exercised in India?

In a country like India where freedom/ liberty is given by the law of the land to question and express one’s views and opinions, this liberty certainly cannot be used to tarnish one’s dignity and image. This liberty/ freedom certainly has invisible boundaries which cannot be crossed by any person no matter what the circumstances. Trolls in no way can be used as ‘way of speech and expression’. Trolls cannot be encouraged as a platform for expression of opinions. The victims of Trolling have to face serious consequences such as- being mentally disturbed leading into depression (chronic or acute), being defamed in society, being suicidal. It is important for people to understand the damaging consequences trolling can cause and therefore should refrain oneself from indulging in such acts.

In India the laws and sections dealing with trolling are as follows:-

  1. Section 509 of Indian Penal Code: Words or gestures intended to insult the modesty of a woman, or intrude on her privacy
  2. Section 354A of Indian Penal Code: Unwelcome sexually coloured remarks
  3. Section 503/ 506 of Indian Penal Code: Threats of injury to a person, his or her reputation or property, or to the person or reputation of any one in whom that person is interested
  4. Section 354D of Indian Penal Code: Cyber and physical stalking
  5. Section 295A of Indian Penal Code: Deliberate and malicious acts intended to outrage feelings of a class by insult to religion, with a calculated tendency to disrupt public order
  6. Section 153A of Indian Penal Code: Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc. There must be two groups between whom enmity is being spread
  7. Section 66A of the Information Technology Act: Punishment for sending off ensive messages through communication service, etc.
  8. Section 66E of the Information Technology Act: Capturing, transmitting pictures of private parts without consent
  9. Section 3, SC/ST Act: Intentional insults or intimidation with intent to humiliate a member of a scheduled caste or scheduled tribe

It is important to note that there is no agency in India to specifically monitor trolls or comments so posted. If one complaints to police, then police can approach a court of to pass an Order directing CERT-In and Google to delete a set of defamatory blogs. The Police is empowered to obtain such an order from the Court as per section 69A of the Information Technology Act. This section refers to the power to issue directions for blocking public access of any information through any computer resource.  Law is particularly handicapped in cases where the person is based abroad, and not within Indian jurisdiction.

Trolling is a problem which requires urgent attention of the authorities. Just criticizing trolls and people indulging in trolling isn’t enough. Stringent Laws should be made. An agency needs to be set up either at the National or State level to address this issue. It is important that those who are trolling in the grab of moral policing be punished. India should not be heading towards becoming a society where trolls are used as an excuse to express oneself or for fun at the cost of another person. People should realize that ‘Civilization’ and ‘Being Digital’ have no place for trolling.

by Pinny Pathak

4
Nov

A Suit of Defamation is filed against Shashi Tharoor in High Court of Delhi

A complaint of defamation has been filed in a Delhi court against Congress Senior leader Shashi Tharoor. Significantly, only a few days ago, Shashi Tharoor told PM Modi the scorpion. The case of defamation against Tharoor has been filed by Delhi BJP leader Rajiv Babbar. In his complaint, Babbar alleged that Tharoor made this statement maliciously, which not only has the disrespect of Hindu deity but it is also humiliating. He said that Tharoor’s statement has hurt his religious sentiments. In the complaint filed through advocate Neeraj, the statement has been described as a totally insult to the unbearable misbehavior and the faith of millions of people.

In his complaint, Babbar alleged that Tharoor made this statement maliciously, which not only has the disrespect of Hindu deity but it is also humiliating. He said that Tharoor’s statement has hurt his religious sentiments. In the complaint filed through advocate Neeraj, the statement has been described as a totally insult to the unbearable misbehaviour and the faith of millions of people.

Additional Chief Metropolitan Magistrate Samar Vishal marked that this matter will be heard on 16th November. Tharoor had created a fresh controversy on Sunday in the Bangalore Literary Festival claiming that an anonymous RSS leader compared Modi to scorpion sitting on Shivling. This complaint has been filed under Section 499 of Indian Penal Code and section 500 regarding defamation. If Tharoor is found guilty, he can be sentenced to a maximum jail of two years. Significantly, this is not the first time that Shashi Tharoor has made a statement about PM Modi or the central government. Congress MP Shashi Tharoor once again attacked the Narendra Modi government. He said on the arrest of social workers in Bhima Koregaon violence that the Modi government is doing this work under conspiracy.

3
Nov

Nisar, who was declared innocent after spending 23 years in jail, said, “Now, I am a living dead man”

Nisar ud Din Ahmed was arrested on January 15, 1994, one year after the disputed structure was dropped in Ayodhya. Nissar, living in Gulberg, Karnataka, was caught in connection with the bomb blasts on the first anniversary of demolition of the Babri Masjid. Two people were killed and 8 were injured in the bomb blasts. In this case, the court had summoned Nissar for life imprisonment. He was in jail for 23 years, but 17 days ago the Supreme Court released Nissar and the other two young men arrested with him.

When Nissar from Jaipur jail came out, he saw his elder brother Zaheer ud Din Ahmed waiting for him. In an interview with the Indian Express, Nissar said, “For the moment I forgot that I am free.

Nissar said that when he was put in jail, he was 20 years old. Today he is 43 years old. Before going to jail, when he saw his younger sister, he was 12 years old and now his daughter is 12 years old. Nissar said, “I spent 8,150 days in jail for the most important days of my life. Life is over for me. What you see is a living corpse. ‘

Nissar spent the first night in a hotel after leaving the jail He says, “I could not sleep. There was a bed in the room. For so many years, I slept on a blanket on the ground. ‘

Into Legal World has launched a project ‘Save Prisoners from Injustice’ to save such forsaken prisoners from injustice. ILW has signed MoU with 120 advocates for cause such as this.

3
Nov

2, 900 lower courts will be covered under e-courts programme

The Government by the year end as part of the Supreme Court monitored é-courts’ project aimed at improving access to justice through digitisation of judicial system of  more than 3993 districts.

The e-courts programme seeks to enable litigants to track their case status, across çause list’daily orders as well as verdicts online. A Çause List’ is schedule of cases to be heard by a court.

Judicial Pendency

 

  • Manual work in the court is one of the reason for India’s high judiciary pendency, which refers to delays in disposing cases.
  • The National Judicial Data Grid (NJDG) shows there were over 4.2 million cases pending in 24 high courts until February 2018.
  • According to economic servey 2017-18, the average pendency of tax cases is nearly 6 years per case. further, the survey states that the average pendency of civil suits at the Delhi High Court is 5.84 years, while at lower courts of Delhi is 3.66 years.
  • The NJDG is an online platform that now provides information on proceedings and decisions of 16,089 computerised district-level courts.
  • Under the latest phase of the e-courts programme, the state-run Bharat Sanchar Nigam Limited (BSNL) will connect subordinate courts with ‘wide area network’ connectivity or WAN at a cost of ` 167 crores. WAN is a technology that links computer
    networks across large geographic areas.
  • “The next step should be to enable complete online disposal of cases where the penalty is limited to monetary value, such as challan matters and municipal tax cases. This will considerably ease burden of the common man,” said Mayank Tiwari, Assistant Professor of the National Law University, Cuttack.
  • Phase I of the e-courts project was implemented from 2011 to 2015.
  • Phase II of the project has a run period between 2015 and 2019, with an outlay ` 1,670 crore. Electronic filing and online payment of court fees is now enabled in Telangana, Andrha Pradesh, Maharashtra, Punjab and Haryana. At the end of phase I, 14,249 district and lower courts were made ready for computerisation, according to data from the justice department.
  • Over 14,000 judicial officers were trained in the use of an “UBUNTU-Linux Operating System” and more than 4,000 court personnel were trained in the case information system (CIS), official data show. Video-conferencing facilities between 488 court complexes and 342 corresponding jails were also installed.
28
Oct

Report on 2nd NATIONAL SEMINAR BY INTO LEGAL WORLD ON ‘SAVE PRISONERS FROM INJUSTICE.’

by Vishad Srivastava

27 October 2018:

Guests, Winners & Volunteers at the Seminar

“A nation does not become great by how it treats its elite class citizens, but it becomes great when it treats its prisoners in a respective manner.” Keeping these words of Nelson Mandela in mind, Into Legal World, a reputed legal firm, successfully conducted its 2nd National Seminar on the topic ‘Save Prisoners from Injustice’. This is a unique topic that allowed academicians, jurists and students to understand and discuss the plight of prisoners

This Seminar included papers presentated on this topic and was attended by various academicians and jurists from all over India who debated on this critical issue

In the present era where the common people do not think about this problem and often overlook the miserable conditions of our prisoners, the team of Into Legal World in association  with the Institute of Legal Studies of Sri Ram Swaroop University with sponsorship with HSJ and under the leadership of Into Legal World’s Founder Director, Mr. Amaresh and Executive Director, Ms. Richa Shukla successfully organized the meeting of intellectual minds for an all-day session at Sri Ram Swaroop Memorial University on 27th October, 2018.

The event was graced by Hon’ble Law Minister of U.P. who applauded SRMU and Into Legal World for taking up this vital issue. He was also keen to help all those under-trial prisoners whose cases are still pending while they have been unnecessarily in prison. In fact, a list of cases will be submitted to him so that he can do the needful. Such a gesture by a Minister makes us believe in humanity and that good people make politics strong.

This event became more auspicious with the benign presence of Hon’ble U.P Cabinet Minister of Family and Child Welfare and Tourism, Smt. Rita Bahuguna Joshi who threw light upon the delays in trials of prisoners of  petty offences and the bad conditions of the progeny that are born in jails. Her humanitarian and knowledgeable words added more meaning to the discussions at the Seminar.

Ms. Richa Shukla with Prof. Meera Singh

Many honorable guests attended this seminar on a sensitive topic of our times. Amongst these were Judge S.S. Upadhyay, Legal Advisor to Governor, U.P. who with his immense knowledge gave a detailed analysis of the situation and offered a different perspective on this issue. Along with him was Justice Rang Nath Pandey (High Court, Allahabad, Lucknow Bench), Justice V.K. Tyagi (High Court, Allahabad, Lucknow Bench), Prof. S.K. Bhatnagar (VC, Dr. RMLNLU), Prof. (Dr.) Meera Singh (Head, Entrepreneurship Cell, Amity University, Lucknow), Ex. IAS Officer, Diwakar Tripathi, Adv. Shiv Prakash Mishra ‘Senani’, who shared information about the plight of Under-trials that have in fact finished their prescribed punishment and been granted bail, but due to insufficient money, are unable to get out of prisons.

Over 50 students presented their papers and nearly 150 submitted their research papers online.

Amongst these, Sakshi Tiwari became the best presenter and got the First Position trophy as well as a Rs.10,000 award. First runner up was Disha Dheeman, who also got a trophy and Rs.10,000. The same prize was awarded to the second runner up Anwesh Ghosh. The top 5 researchers will receive certificates and cash of Rs. 2000 by last week of November, 2018.

Book Launching

Along with these presentations, 2 legal books were also launched in the presence of Hon’ble Minister Smt. Rita Bahuguna Joshi. These books were “Legal Notes on Law of Evidence” by Advocate Prakash Pandey and “An Introspection into Corporate Criminal Liability in India” by Anwesha Ghosh.

Anwesha Ghosh with her book with Justice Rang Nath Pandey

This event does not end with this seminar but is the first step leading to an improvement in the status and basic human rights of prisoners in the country. It will be followed by filing of PILs by Sui Juris Law Firms through compilation of all the research articles received in this seminar and hopefully help bring true justice to all the under-trials who are facing unnecessary problems due to maladministration and various other constraints. The event ended on a positive note and the feeling that each and every prisoner is not a hardened criminal and must not be treated as such. The students greatly benefited from the discussion and the sharing of thoughts with eminent legal minds of these days and will hopefully keep the salient points in their psyche as they pursue their future careers in law.

Some of the Highlights of the Seminar: