Saturday, December 22, 2012

RAPE IN DELHI,WHAT IS HAPPENING TO INDIA?????


Yet another blog for me. But it has special significance as I am again forced to write about the increasing violence against our mothers and sisters in India. A few months ago, I had written a blog about the infamous rape and murder of Sowmya by a hooligan. I always prayed that I should again be forced to deal with the subject. Yet again another rape has taken place, this time in our national capital region. What has hurt me the most is the sheer brutality with which the girl was raped and treated later including insertion of rods?I keep wondering what type of animals can do such a thing to a young girl?An animal  who does not have any remorse or humane feelings? What is happening to our country where lawlessness are growing day in and day out. Corruption, violence has become part of our lives. Criminals has a field day and the law increasingly seems to be helpless and ineffective in doing anything to stop such atrocities. 

As a lawyer, I see hundreds of criminal cases everyday. It becomes part of my duty to interact with the criminals and fight their causes. Everybody asks me whether I feel any remorse or guilt in fighting for criminals? My answer has always been that not all the persons who come to court are hardened criminals. Everybody gets involved in cases mainly due to circumstances. Hence it is just and necessary to fight their cases and bring justice to them. But once in a while, a case comes up that shake our conscience. Those cases like the Sowmya murder case and the present Delhi group rape case steer our conscience. 

In such a situation, I keep asking the same question; what is happening to India? Is it the failure of the system to deliver justice? In many cases, my experience tells me that in recent years, there has been a trend wherein people are getting less afraid of the law and legal sanctions. If we analyse crime rates in say Singapore or gulf countries, we find that those countries see that justice is done come what may. There are no political interference and Police are free to do their job. Also the courts see to it that the justice is meted out to the guilty. Now coming to the Indian context, in many cases, we find that during trial, all witnesses turns hostile and thus the Accused escapes. Further all evidence that the police collect is not above suspension. There need to be a total revamp of the system. What we generally follow are the colonial procedures that has in many cases failed to keep up with the times. For eg, Indian police is notorious for it's torture. This is largely because the police of present day still follows the system that was made by the British for suppressing the Indians. After independence, this system never changed. More so as politicians would arm twist the police for their own ends. This includes arbitrary transfers and other forms of "coextensive" methods. This has over the years eroded the credibility of the police and has also made them ineffective. A total revamp of the entire institution is take place if we want India to serve justice. We as the generation has top take the initiative. We have to insure hat the police is free from all types to pressures and the investigation that they do is above suspension.  Criminal elements needs to be weeded out from the system.  Now many may ask, is it possible or can this happen in India? I believe it can and  need to happen if as a nation, we need to redeem ourselves. It is as Indians our prime duty. lest time will never forgive us. May justice prevail and the guilty be punished in the Delhi group rape case  with the sentence that they deserve.

Vante Mathram. 

Thursday, September 20, 2012

Saturday, September 15, 2012

HARTAL, BANDH- WHO IS THE LOSER AND WHO GAINS?


                                   ( A view of deserted Court Road, Palakkad during a hartal day)

I am re posting an extract from my earlier blog concerning Hartals that I posted in 2010 . Shocking to say nothing much has changed in the last 2 years.


Hartal is a form of civil disobedience movement. The word has it's origin in Gujarathi which was imbibed by the great Mahatma as an effective tool of civil and mass disobedience movement and an effective protest.

BANDHS (REFER WIKIPEDIA)
Bandhs in hindi means closed. It is perhaps the most feared form of protest where in a political party call for protest and it is expected that the public will comply, in most cases forcibly complied. 

The most affected are the states of West Bengal and Kerala which is ruled by the left parties which has seen the maximum number of hartals and bandhs. In Kerala, the Honorable High Court had banned bandhs. The political parties being ingenious re branded bandhs as hartals and this form continues unabated.

In a bandh or hartal, the most affected is the common man, the very person whom these parties claim to represent and whose interest they claim to protect. For eg, take Vijayan. He is engaged in the sale of vegetables by taking the same in push carts from house to house in a town in Kerala. He is the only bread winner for a family of  which includes his aged mother, wife and three children. Now he gets his lively hood and income from the day to day sale. If he does not go to work for a day, his entire family goes hungry. Or Palani, an immigrant  worker who is engaged in manual laborer engaged in daily wages. These countless unrecognized faces are the most affected by these forms of protests.

The parties get steady form of hands for their jobs from youths who come from under privileged families. For them these parties becomes their support group and they are brain washed early on in impressionable age. They are the main force through the diktat of political parties are enforced

After Independence, we have come a long way. During hartal or a bandh, the main form of protest is to attack a government institution or a government property. What we ought to realize is that these are public properties and if one is destroyed, we the common man are the losers.

It is time we changed our outlook towards these protest methods. What ought to be recognized is that people close shops and establishments not because they concur with these parties but because they fear for the reprisals. An effective method to counter such hooliganism ought to be devised after effective consultation with all the forces involved and a consensus arrived at. it is time there was a change and let this be the time for a new beginning. Otherwise time will never forgive us for our acts.



Friday, September 14, 2012

FUEL PRICES THAT BURN OUR POCKET

                            
                                                                                   
          I had  been out of blogging for the past one month. In this time many things had been going on including coalgate (not to be confused with the toothpaste). Yet again I am not going to write another blog lamenting about the corruption in India. I am a great believer in time and a time will come when there will be a change in the system and all the evils will disappear. So I have decided to concentrate on the impending fuel price hike in India.

In the last two years, the prices of fuel have sky rocketed in India with Petrol currently being sold at about ₹70/- a litre. The continues rise has been attributed to the steep rise in the global crude oil prices. Now the price of the diesel has been increased by ₹5. The government has decided to  ration the number of gas cylinders being supplied to each household every year. In a way, the common man is put to great hard ship.

The government argues the current steep hike on the fluctuating prices of crude in the International market. But is this trend needs to be reconsidered? What is going on in India? It ought to be noted that the government imposes steep taxes on petrol which if reduced would bring down the prices to about ₹59. Hence the present demand for diesel cars would wane away. The government needs to be blamed for mismanagement of the fuel  policies. By restricting the number of gas cylinders to 6 per family, the government has put many families in additional burden. Gas these days are not a luxury but essential needs of any modern family. The present hike is yet another glaring example of the government failing to understand the pulse and pain of the common man in a society where in the ruling class increasingly finds themselves alienated  from the common man.  A policy of implementation and management of fuel prices which cushion the impact on the common man needs to be implemented.

Lastly what is required is a development of sustainable energy resources moving away from fossil fuel which is nearing exhaustion. This is the policy that the government has continually failed to develop in India. Much has been due to the short shortsightedness of the government. Serious research needs to be undertaken in this regard which sadly to say is non existent in India. Gas gusslers need to be restricted. Modern cars like the hybrid ones   like Toyota Prius are an example of how things are developing in other parts of the world. It is time for us to implement policies paying way for moving to other resources. The government is duty bound to take policies by which common man is not severely burdened. Yet again prudent policies are the need of the hour. If the government fails the common man, I am sorry to say that they do not have any further right to remain in power. Let us hope that good senses prevail with the government.

Jaihind

Thursday, August 02, 2012

LAWYER JOKES


There is a book called Disorder in the Court. These are things people actually said in court, word for word, taken down and now published by court reporters - who had the torment of staying calm while these exchanges were actually taking place.

Some of these are excellent ...

Q: What is your date of birth?

A: July fifteenth.

Q: What year?

A: Every year.

Q: What gear were you in at the moment of the accident?

A: Gucci sweatshirt and Reeboks.

Q: So the date of conception (of the baby) was August 8th?

A: Yes.

Q: And what were you doing at that time?

Q: She had three children, right?

A: Yes.

Q: How many were boys?

A: None.

Q: Were there any girls?

Q: How was your first marriage terminated?

A: By death.

Q: By whose death was it terminated?

Q: Can you describe the individual?

A: He was about medium height and had a beard.

Q: Was this a male, or a female?

Q: Doctor, how many autopsies have you performed on dead people?

A: All my autopsies are performed on dead people.



Q: All your responses must be oral, OK? What school did you go to?

A: Oral.

Q: Do you recall the time that you examined the body?

A: The autopsy started around 8:30 p.m.

Q: And Mr. Dennington was dead at the time?

A: No, he was sitting on the table wondering why I was doing an autopsy on him.

Q: What was the first thing your husband said to you when he woke up that morning?

A: He said, "Where am I, Cathy?"

Q: And why did that upset you?

A: My name is Susan.

Q: Doctor, before you performed the autopsy, did you check for a pulse?

A: No.

Q: Did you check for blood pressure?

A: No.

Q: Did you check for breathing?

A: No.

Q: So, then it is possible that the patient was alive when you began the autopsy?

A: No.

Q: How can you be so sure, Doctor?

A: Because his brain was sitting on my desk in a jar.

Q: But could the patient have still been alive, nevertheless?

A: Yes, it is possible that he could have been alive and practicing law somewhere

Thursday, July 26, 2012

IN MEMORY OF THE HEROES AT KARGIL WHO LAID DOWN THEIR LIVES FOR OUR COUNTRY





In the memory of our fallen heroes of kargil .

In order to keep the honour of their motherland ,
Many gave away their life for her holy sand...

To give an answer to foreign armies,
They jumped into the jaws of death....

They fought till their very last breath,
They are our nation's true wealth....

They are the great warriors.
"No mind we die" they said.
"We have to fight"
"We have to fight"



The last word that we heard from them was nothing else than "


The 13'th Anniversary of India's victory against Pakistan in Kargil, celebrated as Vijay Diwas. Let us pray for all the brave soldiers who gave up their lives defending our great country and let us thank and cherish their glorious sacrifice for us and our country.

JAI HIND"

Tuesday, July 03, 2012

KERALA- WHAT IS HAPPENING TO THE GOD'S OWN COUNTRY

Kerala, the land created by gods to be the heaven on earth. Blessed with abundance of natural resources, beauty with all the green mountains, rivers, lakes, sea etc, she has everything  that a person can only dream off. I had always a certain pride being born as an Indian in Kerala. With high literacy rate, health care etc, Kerala exhibited all the parameters of a highly developed society. She also had the lowest crime rate comparable to any state in India. But there was something that was always wrong with Kerala. Kerala also lacked in any credible industrialization, with militant trade unionism, no entrepreneur  worth his name was ready to invest in Kerala. Being a person born in Palakkad, I could always see the huge difference of development between Palakkad and Coimbatore which is in Tamilnadu just across the border about 50Km away. Each and everyday Coimbatore was changing with huge industries and prosperity of the masses. Many of the younger generation migrates to other states in search of jobs due to the lack of any opportunity in Kerala.  But Kerala always was the place to lead a quite life with low crime rate and an above average infrastructure. 

But things started changing slowly by the end of the 1980's. Consumerism started trickling into the masses. The need for latest electronic gadgets and life styles would lead many a youngster in search of easy money and this the underworld culture and the quotation gangs made it's appearance in Kerala.Keralates tolerated largely this change with the hope of correction at sometime. But things went from bad to worse with indifferent Politicians and administrators caring for nothing but their own well being. Yet the Malayali it seems lost his ability to respond and protest and rise up to his rights. Hartals and Bandhs became common for insignificant reasons. We started celebrating Bandhs like a holiday. Nobody cared to ask the logic of these protests of which the common man was the loser. But something in the hearts of the Malayalis was burning and yearning for change. The recent murder of a politician in Kerala by a certain political party just because he had left that party hit a chord in the hearts and minds of an average Kerelaite. People started protesting against this gruesome murder and the demand to punish those wrong doers became ever more shrill. Yet again the Political parties refuses to see this change and try to stick to their old ways. But be warned change is inevitable and nobody can stop the same. 

 I do not want top rant about all the things that is bad. I do not live in a fools paradise being nostalgic about the past. I believe in change and time is the best healer. Change is coming and there will soon come a time when people starts protesting about these wrong doings, People want change and hey demand justice from their rulers. It is time to correct these wrongs, lest time will never forgive us. It is time not for words but actions. Let's hope our administrators see that change too. Lest time and people will never forgive them.

                                       JAIHIND 

Thursday, May 24, 2012

WHO IS THERE TO PROTECT THE RIGHTS OF COMMON MAN


This is not a blog to analyse the price hike. It is just an expression of the frustration of common man. 

Once again the price of petrol has been increased and this time by a whopping ₹7.50/- to ₹8/-. And to protest that we had a hartal in Kerala. When there is a hartal, India looses crore of rupees. Those persons who are relying on daily wages will go starving. Now I am posing this question, what did we achieve by this hartal? Is it to protest the price hike. If that is the intention, did we get the results and the fuel prices get revised? It is an answer that the political parties are bound to give the common man.                  
Now coming to the fuel hike, despite whatever the ministers may say, was such a huge increase warranted?  Statics tell us that a whopping ₹32 is taken by the government as taxes. If this tax is reduced, then the price can be brought down atleast by ₹15/-.

 But who cares about the common man? The ministers are bound answer this simple question. Why does the common man have to suffer while the leaders enjoy pomp and luxury, having security to guard them, with escort of many caravans, luxurious foreign trips? Be warned, the patience of common man is not eternal.Corruption is rampant. Who is doing anything about the same?  There will come a time when each and every entity will be answerable to the common man. A change is on the air. Better the political elite take notice.

No political party is greater than our great country. If a nation has to prosper, there ought to be a time when every man, women and child should be provided with the basic necessities. That include food, shelter and basic comforts of life. If a nation fails to provide the same, it can never dream of becoming a great power. Let us take a pledge to start in this way and make our great India the best country in the world. This is the time for action. Lest history will never forgive us.

                    VANTE MATHRAM 

Sunday, April 29, 2012

LAWYER JOKES



How many personal injury attorneys does it take to change a light bulb?
  • How many can you afford?
  • Three - one to turn the bulb, one to shake him off the ladder, and the third to sue the ladder company.


What's the difference between a good lawyer and a great lawyer?
A good lawyer knows the law. A great lawyer knows the judge.

What do you call 5000 dead criminal defense lawyers at the bottom of the ocean?
A good start!

What's the difference between an attorney and a pit bull?
Jewelry.

How can you tell when a lawyer is lying?
His lips are moving.

How does an attorney sleep?
First he lies on one side, and then on the other.

How do you get a group of personal injury lawyers to smile for a picture?
Just say "Fees!"

"You seem to be in some distress," said the kindly judge to the witness. "Is anything the matter?"
"Well, your Honour," said the witness, "I swore to tell the truth, the whole truth and nothing but the truth, but every time I try, some lawyer objects."

A new client had just come in to see a famous lawyer.
"Can you tell me how much you charge?", said the client.
"Of course", the lawyer replied, "I charge $200 to answer three questions!"
"Well that's a bit steep, isn't it?"
"Yes it is", said the lawyer, "And what's your third question?"

Saturday, April 21, 2012

AGNIPARVA (THE ERA OF THE AGNI)

On Thursday, India created history by launching the Agni-5 missile, it's longest and the most potent missile to date. What sets Agni-5 apart is that it carries with several advanced technologies that is tested for the first time including ( Multiple Independently Re-entry  vehicles) was tested. In lay man terms what this means is that one Agni-5 missile can carry several warheads each one of which will be capable of Independently targeting  different sites. Further Agni-5 gibes India the potential to reach entire China. That in many ways lays ground for effective deterrence against Chinese designs against India.

THE GENESIS OF INDIA MISSILE PROGRAM

India initiated the Integrated Missile Development Program (IGMDP) in the year 1983 with the intention develop several missiles for different missions. These included Agni  Missile (Medium to Intercontinental family of Missiles), Prithvi Missile ( Short range Ballistic Missile), Akash ( Medium to long Range Surface to Air Missile), Trishul Missile ( Quick Reaction Surface to Air Missile, the project capped and instead Israeli missile preferred) and Nag missile (quick reaction Anti Tank Missile). From a nascent development of liquid propelled Prithvi Missile with a range of 250 Km, India's missile program has come a long way is now so matured and advanced that India is now making several different verities of missiles. The Integrated Missile Development Program (IGMDP) was closed in the year 2007 with almost all the missile being developed and many entering services.  Now India pursues all development projects independently. Now India is fast developing several versions of missiles including The K Family of missiles (submarine launched nuclear capable missiles ), Nirbhay Missile ( Cruise Missile which can be termed as Intermediate Range Cruise Missile). With the successful launch of Agni-5 Missile and the same being successful in the first test itself, India has demonstrated it's technological advancement.

THE STRATEGIC OUTLOOK AND INDIA'S CHALLENGES

India's strategic calculus revolves around it's two principal rivals, Pakistan and China. While India developed Prithvi and Agni-1&2 were Pakistan centric, Agni-3& 5 has squarely China as it's target. For India, China is the real challenge, how to deal with a country which is bigger than your own country and more powerful and with whom you have unsettled boundary disputes? India had lacked the platforms to counter China. Even though India had tested successfully several nuclear weapons in the year 1998, the development of delivery platforms had not kept pace. At that time, the only platforms India had was Aircrafts. But planes has several defects that make them vulnerable and less effective. This enticed India to develop  a whole family of missiles to successfully counter China. India's nuclear doctrine envisaged deployment of nuclear weapons in land, in air and in sea. India is now entering that state where in India will have the capability to deploy nuclear weapons in all the three dimensions, in land, air and in sea with the upcoming deployment of India's first indigenous submarine, INS Arihant which will see India deploying nuclear capable weapons in sea which cannot be detected nor destroyed.

THE WAY FORWARD FOR INDIA

India has publicly stated that it does not envisage development of any missiles beyond 5000Km even though there are reports of several black projects for the development of ICBM's. Even if India caps the range of our missiles at 5000 Km, India ought to develop Technology demonstrators for ICBM's that can be translated to the development of ICBM missiles at the shortest possible time should the strategic equations change in the future. India enjoys good and deepening strategic relationships with almost all major powers in the world, notable among them being the USA, Russia, France and Israel.But as the old saying goes "In international relations, there are no permanent  friends nor foes. What lasts is only permanent national interests".

India should not be left wanting when and if the time comes and new strategic architecture arise which will force India to develop ICBM's beyond the range of 5000Km. Hence India should develop projects that can be translated to operational missiles in the shortest possile time

THE HEART OF AN INDIAN

I am not writing this blog as an analysis. What motivates me is the pride that I feel as an Indian in each and every stride that India makes in varied field which sets the stage for India's ascendancy as the world power. Even when we are flooded with news of corruption and the gimmicks of the chosen ones and the blue eyed boys who  try to take us for a ride, there are those unsung heroes who with out any gain work tirelessly in recess of night to make a strong India, an India of our dreams. It is these heroes on whose able shoulders that the future of this great country lie.

                              VANTE MATHRAM 






Tuesday, March 06, 2012

Tuesday, February 21, 2012

ENRICA LEXIE- AN INDO-ITALIAN DIPLOMATIC TANGLE


(MY FIRST IN THE NEW YEAR. FEELS SORRY THAT I HAVE TO DEAL WITH THIS UNFORTUNATE SITUATION WHICH HAS TAKEN AWAY THE LIVES OF TWO INNOCENT INDIAN BROTHERS)
India was shocked to wake up and learn that two Indian national fishermen was shot top death by gunmen from a foreign ship. A news that shocked the entire nation. What  followed was a meticulous investigation by Indian Security Agencies, carefully perusing through the data to identify and pinpoint the guilty from thousands of ships that pass through possibly the busiest sea line in the world. After careful and meticulous perusal, finally Indians were able to pinpoint the ship, an Italian Oil Tanker, "Enrica Lexie". What has followed has been a carefully calibrated diplomatic and strategic move on the part of India to bring the guilty to justice. 

THE INDIAN VERSION
India says that the shooting took place in Indian waters and hence India has the right to take up the case and conduct trial as per Indian laws. India says that the shooting was unwarranted and unprovoked and should and could have been avoided. The Italians have no business carrying arms in Indian waters without India permission. 

THE ITALIAN VERSION
The Italians say that the shooting took place in International waters. Hence only Italy has the right to try the guilty as per the "floating territory theory". Italy further tried to stress the fact that the personal responded what they apprehended was a pirate attack and followed "standard operating procedure" (SOP). Italy further feels Indian response was unwarranted and knee jerk reaction.  

THE TRUTH AND WHAT OUGHT TO BE DONE
I am very saddened to write and analyse about this unfortunate situation. No words and any form of compensation will ever bring the dead back to their loved ones. But what can be done to avoid such a situation? 

It is and remains a fact that the threat of Pirates (particularly Somali  origin) has become a real threat with these Pirates now extending their reach to the   Lakshadweep  Islands. The crew of "Enrica Lexie" did not help their case by not reporting any pirate attack to the nearby country, in this case India until they were contacted by Indian Security Agencies. 

Such unfortunate situations needs to be avoided. What needs to be done is that "Standard Rules of Engagements" need to be evolved which every ships operating international waters need to follow. If the same is implemented, then such unfortunate situations can be avoided. 

I would like to close by congratulating the Indian security agencies for their timely actions and their matured modus-operandi of investigation. Let the guilty be brought to justice. One small request to all those politicians who are trying to make the best of the lime light. You are dealing with a difficult International situation which requires delicate handling. Please try not to make any comments and let the security agencies and the government deal with the situation. Your trigger happy statements will be reported in a bad light in the international community and will in may ways hurt the interest of India. You owe that much to the dead brothers whose death should not go in vain. May the truth prevail. 

                        VANTE MATHRAM 


Friday, February 10, 2012

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