It is heart wrenching to see a man in Pondicherry who literally bled to his death. because of lack of medical transport at a major train station. To rub salt in the wound, he was transported in a tricycle. There are so many Indians who die a tragic death like this.
There are no modes of public transport from the train station even though the station is inside the city.The ambulance service in most of the cities are associated with some major hospitals and has different phone numbers to reach them. The golden time to transport an accident victim is orphaned by such a complex process. Until the government comes up with an integrated emergency response apparatus through out the country there will absolutely be no value for life.
Saturday, December 13, 2008
Monday, December 1, 2008
An assault on democracy
Terror attacks in Mumbai is a direct assault on democracy. There is virtually no accountability to these dastardly acts. The Indian government is being soft on terror convicts such as those in the 2001 Parliament attack case and the Rajiv Gandhi assassination case. The punishment laid down by the law and upheld by the courts should be immediately acted upon. Difficult times require not just difficult decisions but wise decisions. If the Mumbai terror attacks are not to become just additions to a long list, the response should be hard.
Creation of a central agency is in the right direction but without a political will to fight terror, the new agency has no meaning. The Indian coast guard along with the Indian Navy was caught napping on the job. The national security adviser kept his job even after an assault on what he was supposed to advise upon. The President cut short her state visit only after two days from the attacks. The home minister became the scape goat for the tragedy. The entire episode exposes the security apparatus in deep chaos and confusion.
After all, securing a constitutional right to life and liberty should not be hard fought. We did that already until the 15th August of 1947.
Creation of a central agency is in the right direction but without a political will to fight terror, the new agency has no meaning. The Indian coast guard along with the Indian Navy was caught napping on the job. The national security adviser kept his job even after an assault on what he was supposed to advise upon. The President cut short her state visit only after two days from the attacks. The home minister became the scape goat for the tragedy. The entire episode exposes the security apparatus in deep chaos and confusion.
After all, securing a constitutional right to life and liberty should not be hard fought. We did that already until the 15th August of 1947.
Monday, August 4, 2008
Abortion
Two male judges of the Bombay High Court decided the fate of a fetus and the prerogative of a pregnant woman. A woman should have a constitutional right for an abortion when there is a decision in good faith that the fetus would suffer even from a minor handicap. Apparently, a fetus does not have any right but the rights of the pregnant woman should not be overshadowed by the lack of rights of the fetus.
The effect of legislation dictates what stays in a womb for how long and the judicial overview closed the door with its helplessness. Justice has not been well served in this case because of a grey area in the law.
The Medical Termination of Pregnancy Act of 1971 is a handicap in itself when, it did not define the term “serious handicap” in section 3; by providing an arbitrary gestation period of 20 weeks before an abortion and above all by excluding the women of Jammu and Kashmir.
The effect of legislation dictates what stays in a womb for how long and the judicial overview closed the door with its helplessness. Justice has not been well served in this case because of a grey area in the law.
The Medical Termination of Pregnancy Act of 1971 is a handicap in itself when, it did not define the term “serious handicap” in section 3; by providing an arbitrary gestation period of 20 weeks before an abortion and above all by excluding the women of Jammu and Kashmir.
Monday, March 17, 2008
Now what, publicity hunting ?
The Supreme Court of India while staying the arrest warrant on Richard Gere said that the complainants brought a bad name to the country. Such an utterance is a serious joke. It is not the complainants but the magistrates who brought a bad name to the country when they presided the case and granted a non-bailable arrest warrant. They should have known at the initial stage that the case is not maintainable and should have dismissed it with exemplary costs on the complainants.
Shilpa Shetty,an Indian Citizen was harassed by the orders passed by these magistrates. Richard Gere, was forced from visiting India. It is awful to note that the Supreme Court did not apologize for such abuse of the law. Finally, the magistrate who admitted the case goes scot-free,is justice well served?
The Supreme Court should have fired and restricted pension and perks of those magistrates who over stepped the authority by acting as an immigration officer and did not care about any of the constitutional provisions. After all, it is these magistrates who determine who live inside and outside a prison.
If one of actor Kushboo's case goes to the Supreme Court, no sane person would like a similar judgment. Is it too much to ask for?
Shilpa Shetty,an Indian Citizen was harassed by the orders passed by these magistrates. Richard Gere, was forced from visiting India. It is awful to note that the Supreme Court did not apologize for such abuse of the law. Finally, the magistrate who admitted the case goes scot-free,is justice well served?
The Supreme Court should have fired and restricted pension and perks of those magistrates who over stepped the authority by acting as an immigration officer and did not care about any of the constitutional provisions. After all, it is these magistrates who determine who live inside and outside a prison.
If one of actor Kushboo's case goes to the Supreme Court, no sane person would like a similar judgment. Is it too much to ask for?
Monday, February 25, 2008
Shame Shame
Is the Chief Justice of India above law? Is the Chief Justice "Supreme" than the Supreme Court? Looks like he is, when he mentioned that he will not hear Ms.Setalvad!
I can not accept the argument that the Judiciary can not be blamed for the widespread delay. By blaming the "computer" which chooses a case, he wants to wash his hands off on the backlogs. Judges criticize defendants in open court but when they are at the receiving end, they taste their own medicine and yell "it's bitter".
He knows that being a Constitutional authority he is not above the Constitution. Such emotional outbursts are not part of his job requirement. Nowhere in the Indian Constitution, is it mentioned that a court can refuse to hear a particular person or restrict the right to speak freely.
He knows India is a democracy and he has to live with someone who dares to criticize him.
He knows that he is paid big bucks not to blame the computer but to initiate a change to the algorithm and to those who wrote and approved it.
He also knows "beyond any reasonable doubt" that if he is not willing to hear Ms.Setalvad, he can step aside and let someone else who can.
Finally the judiciary should wake up and smell the "travesty of justice" done to those who died a violent death.
After all, it exists to avert such travesty!
I can not accept the argument that the Judiciary can not be blamed for the widespread delay. By blaming the "computer" which chooses a case, he wants to wash his hands off on the backlogs. Judges criticize defendants in open court but when they are at the receiving end, they taste their own medicine and yell "it's bitter".
He knows that being a Constitutional authority he is not above the Constitution. Such emotional outbursts are not part of his job requirement. Nowhere in the Indian Constitution, is it mentioned that a court can refuse to hear a particular person or restrict the right to speak freely.
He knows India is a democracy and he has to live with someone who dares to criticize him.
He knows that he is paid big bucks not to blame the computer but to initiate a change to the algorithm and to those who wrote and approved it.
He also knows "beyond any reasonable doubt" that if he is not willing to hear Ms.Setalvad, he can step aside and let someone else who can.
Finally the judiciary should wake up and smell the "travesty of justice" done to those who died a violent death.
After all, it exists to avert such travesty!
Wednesday, February 20, 2008
Conflict of Interest
The Supreme Court’s call for an apology from a Zee News TV scribe is surprising. If a magistrate court can issue warrants on fictitious and bogus complaints on constitutional authorities, one can image the state of a common man. It may be illegal to procure such warrants but the intention is noble which is to bring such corruption to limelight.
The CJI’s sympathy on the magistrate who was suspended gives an impression that a magistrate’s suspension is more important than a potential loss of freedom of a common man. Fortunately the magistrate was reinstated but it is unfortunate that an arrest warrant being a powerful tool that can curtail freedom of an innocent citizen is without proper checks and balances. If one exists, no one would be asked to tender an apology.
One can not discount the theory that there are no “real” victims languishing in jails or chasing their case in a court on such complaints. It is this judicial system that failed to secure the rights of an under trial in Assam who languished in jail for 50 years before being released and awarded Rs.3 lakhs. Another under trial lived in jail for 38 years in UP before being released on bail. The sting operation proved the consequences of such warrants and that innocent citizens were locked up for numerous number of years. Monetary compensation is nothing compared to the lost freedom and liberty.
In my opinion even if a person is forced to forgo a single second of constitutional rights and freedom due to a botched up prosecution, it is the judiciary that has to take the responsibility on its shoulders and undo the wrong.
Asking for an apology from the journalist might pacify the Supreme Court but not those who cling to the branch of the government hoping that it would safeguard their freedom and rights.
The CJI’s sympathy on the magistrate who was suspended gives an impression that a magistrate’s suspension is more important than a potential loss of freedom of a common man. Fortunately the magistrate was reinstated but it is unfortunate that an arrest warrant being a powerful tool that can curtail freedom of an innocent citizen is without proper checks and balances. If one exists, no one would be asked to tender an apology.
One can not discount the theory that there are no “real” victims languishing in jails or chasing their case in a court on such complaints. It is this judicial system that failed to secure the rights of an under trial in Assam who languished in jail for 50 years before being released and awarded Rs.3 lakhs. Another under trial lived in jail for 38 years in UP before being released on bail. The sting operation proved the consequences of such warrants and that innocent citizens were locked up for numerous number of years. Monetary compensation is nothing compared to the lost freedom and liberty.
In my opinion even if a person is forced to forgo a single second of constitutional rights and freedom due to a botched up prosecution, it is the judiciary that has to take the responsibility on its shoulders and undo the wrong.
Asking for an apology from the journalist might pacify the Supreme Court but not those who cling to the branch of the government hoping that it would safeguard their freedom and rights.
Wednesday, January 16, 2008
Jallikkattu
Scores of animals are killed daily for food and apparel. And the Indian Supreme court cried animal cruelty first and had a change of heart later. Now the Indian Supreme court knows something that we don't know? Is Jallikkatu "humane" enough now?
Tax payer's money is spent on providing safety and security for one and all including the bulls and also on the legal team. Why didn't the government spend that on people's welfare? Why don't we have a regulatory authority that frames and enforces rules on what is spent and how it is spent?
Court's precious time was wasted on such a petty thing. Last thing the TN government needs is a regulatory authority to conduct this sport.
Tax payer's money is spent on providing safety and security for one and all including the bulls and also on the legal team. Why didn't the government spend that on people's welfare? Why don't we have a regulatory authority that frames and enforces rules on what is spent and how it is spent?
Court's precious time was wasted on such a petty thing. Last thing the TN government needs is a regulatory authority to conduct this sport.
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