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Friday, March 29, 2019

IPC - 307 On Indians

All Indians should be charged with IPC section 307.... This section is used in case of attempt to murder. Now you are thinking you have done nothing wrong then how can you be charged by IPC section. As you go through this article you will agree with me..

In India, the river Ganga is one of the sacred river. It was mentioned in Hindu mythology as the Goddess. The water of river Ganga placed in a closed bottle remains fresh for many years without undergoing degradation. This is only river in the world the water of which has this property, while the water of other rivers gets degraded within a few days while kept in a closed container. Many types of research have been done on the river Ganga for its miraculous property of water to resist degradation on standby for many years. Due to this property, it is called "Devi" (Goddess) Ganga.


The source of river Ganga is considered to be at Gomukh which is 21 kilometre south-east of Gangotri. At Devprayag the streams of Alaknanda and Bhagirathi unite to form river Ganga. In India, the Ganga flows through 5 states these are Uttarakhand, U.P., Bihar, Jharkhand and West Bengal with total length of about 2525 kilometre.
The river Ganga is considered as "Maa"(mother) or 'Devi'(Goddess); who wash away all the sins and purify body and soul.
The Ganga is considered as the Tirtha, 'which means crossing point between heaven and earth'.
Despite, so significant to Indian peoples, the river Ganga is on the verge of drying and dying. The largest river in India the Ganga is severely polluted by human and tons of industrial as well as domestic sewage is directly poured to this river everyday. Today the Ganga is considered to be the sixth most polluted river in the world and that day is not so far when our efforts to polluting it 😆 leads the river on 1st place i.e. most polluted river in the world.



Many efforts had been done in the past to clean up the river Ganga as listed below:
  1. Ganga Mahasabha: In 1905 Madan Mohan Malviya founded Ganga Mahasabha to fight for uninterrupted flow of the Ganga with Britishers.
  2. Ganga Action Plan: this was launched by the Mr Rajiv Gandhi, the then Prime Minister of India in 1986.
  3. National River Ganga Basin Authority: NRGBA established by GOI in 2008. It declared the Ganga as the "National River of India".
  4. Ganga Clean-up Campaign- 2010
  5. Namami Gange Programme: 2014
  6. National Mission for Clean Ganga-2016
As the number of efforts has been taken since then but the level of pollution is continuously increasing day by day. All the schemes are launched and only 22-30% of allotted money is used and thereafter a new Scheme is launched by another government. On the hearing of clean Ganga Action Plan in August 2015, the bench of Supreme Court Judges comprising justice TS Thakur and Justice R.Banumathi remarked that the centre government Action Plan does not help to clean Ganga even after 200 years.
This means as the government changes the new plans are only taglines but actual groundwork is never done by any government.
I want to bring your attention towards the world's cleanest river which was once declared as biologically dead but the government took steps and revive the river....
The London's river Thames was declared as biologically dead due to high level of contamination and pollution. The situation is so worst that during 1800's ,the river is called " Great Stink".


But in 1857 the Houses of Parliament took a stand & after long studies, they came up with an action plan in 1865. With the help of treatment plants, stringent laws and continuous efforts not only the river Thames revive but also earned cleanest river landmark in the world.
   Another one is the Tara River .This River is also called the Jewel of Europe or the Tear of Europe. This is a protected river and falls under the World’s Natural Heritage and the World’s Biosphere Reserve as per UNESCO.

 In 2004, there were plans to build a dam in an area called Buk Bijela located at Drina and flood Tara. The Government had to call off the plans as millions of citizens protested publicly and signed various petitions. Renowned scientists from various parts of the world formed a team and conduct a scientific study about how the plans would impact the environment of the River. The team of comprised of 52 scientists who concluded that it would be an ecological disaster if the Government of Montenegro went ahead with the plans to flood Tara River and build the dam.

There are also many other examples where the government & people took the stand to revive the dead rivers. But questions are....
Are our national political parties have time to come out from Hindu, Muslim, Sikh, Jatt debates?
Is our government ready to take the stand on saving the biodiversity of India?
Are Indian people who called the river Ganga as Goddess or Mother are ready to ask government over this issue?
Do the people of India become selfish & happy to see their mother Ganga dying in a slow death?

 I think this is the time to learn from those countries who take initiative to revive their dead rivers.

In the end, I want to say we have to come with an effective and a solid action plan to clean the Ganga river otherwise we all are responsible for killing our mother the Ganga by adding pollutant to her streams & due to this sinful act all Indians are liable to be charged by IPC section 307 in attempt to murder their Mother Goddess the Ganga.

Wednesday, March 20, 2019

Lokpal in India

Definition of Lokpal
The word "Lokpal" is derived from the sanskrit word "loka" meaning people and "pala" meaning protector or caretaker. Together it means "protector of people".

Lokpal is an anti-corruption institution formed under the Lokpal and Lokayukta Act, 2013. The institution works as a government body to investigate and enquire the bribery and corruption complaints of a public official, ministers and secretaries to the government.
Lokpal is an ombudsman appointed to work on citizens complaints  regarding corruption at the central level. On the other hand, at the state level, Lokayukta is set up to take action against the corruption complaints made by the residents of the states.

Historical Background :

The institution of ombudsman first came into being in sweden in 1713 when a "chancellor of justice" was appointed by the king to act as an invigilator to look into the functioning of a war time government. From 1713 the duty of this ombudsman was to mainly ensure the correct conduct of royal officials. The institution of the ombudsman was firmly incorporated into the Swedish constitution from 1809.
In India the ombudsman is known as lokpal or lokayukata.The concept of constitutional ombudsman was first proposed by the then law minister Ashok Kumar Sen in parliament in the early 1960s.The term lokpal and lokayukta were coined by Dr.L.M.Singhvi as the indian model of ombudsman for the redressal of public



grievances,it was passed in loksabha In the year 1968 but it was lapsed with dissolution of lok sabha and since then has lapsed in the lok sabha many times.


Lokpal and Lokayukta Act, 2013 :
The Lokpal and Lokayukta Act, 2013 seeks to provide for the establishment of Lokpal for the Union and Lokayukta for States to inquire into allegations of corruption against certain public functionaries and for related matters. The act extends to whole of India, including Jammu & Kashmir and is applicable to "public servants" within and outside India.  The Bill was tabled in the Lok Sabha on 22 December 2011 and was passed by the House on 27 December as The Lokpal and Lokayuktas Bill, 2011. It was subsequently tabled in the Rajya Sabha on 29 December.

After a marathon debate on 21 May 2012, it was referred to a Select Committee of the Rajya Sabha for consideration. It was passed in the Rajya Sabha on 17 December 2013 after making certain amendments to the earlier Bill. It received assent from President Pranab Mukherjee on 1 January 2014 and came into force from 16 January..

Structure of lokpal :
The institution of Lokpal is a statutory body without any constitutional backing. Lokpal is a multimember body, made up of one chairperson and maximum of 8 members.

Who can become the Chairperson?

The person who is to be appointed as the chairperson of the Lokpal should be either of the following:
  • Either the former Chief Justice of India
  • Or the former Judge of Supreme Court
  • Or an eminent person with impeccable integrity and outstanding ability, having special knowledge and expertise of minimum 25 years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management.
Who can become a member?
Out of the maximum eight members, half will be judicial members. Minimum fifty per cent of the Members will be from SC / ST / OBC / Minorities and women.
  • Judicial Member
The judicial member of the Lokpal should be__
either a former Judge of the Supreme Court
or a former Chief Justice of a High Court.
  • Non-Judicial Member
The non-judicial member should be an eminent person with impeccable integrity and outstanding ability, having special knowledge and expertise of minimum 25 years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management..

Who cannot become the chairperson?
The following persons cannot become chairperson of Lokpal:
  • MPs and MLAs
  • Persons convicted of any offense involving moral turpitude.
  • Less than 45 years of age
  • Members of Panchayats or Municipality
  • A person who was removed or dismissed from the public service.
  • A person who holds any office of trust / profit; if so, he would need to resign from Lokpal.
  • A person who is affiliated to a political party.
  • Carries on some business / profession; if so, he would need to quit some business.
Appointment of Chairperson and members:
The members are to be appointed by President on the recommendations of a selection committee. This selection committee is made up of:
  • Prime Minister—Chairperson.
  • Speaker of Lok Sabha.
  • Leader of Opposition in Lok Sabha.
  • Chief Justice of India or a Judge nominated by him / her.
  • One eminent jurist.
Term of Office:
  • The term of office for Lokpal Chairman and Members is 5 years or till attaining age of 70 years..
  • The salary, allowances and other conditions of service of chairperson are equivalent to Chief Justice of India and members is equivalent to Judge of Supreme Court.If the person is already getting the pension (for being a former judge), the equivalent pension amount will be deducted from the salary.
The source of salary for Lokpal and Members is Consolidated Fund of India..
  • If the chairperson dies in office or has resigned from the post, President can authorise the senior-most Member to act as the Chairperson until new chairperson is appointed. If chairperson is not available for certain functions due to leave, his job will be done by senior most member to act as the Chairperson until new chairperson is appointed. If chairperson is not available for certain functions due to leave, his job will be done by senior most member.
Post retirement jobs:
Once a Lokpal chairperson / member has ceased to be so, he cannot take up the following jobs:
  • He cannot be reappointed as chairperson / member of Lokpal.
  • Cannot take any diplomatic assignment.
  • Cannot be appointed as administrator to a Union Territory.
  • Any constitutional / statutory post in which appointment is made by President.
  • Any other office under the government of India.
  • He cannot contest any of the elections such as President / Vice President / MLA / MLC/ Local bodies for 5 years after relinquishing the post.
Who can  remove members of Lokpal?

Members of the Lokpal may be removed by the President after an inquiry by the Supreme Court.  The Supreme Court may inquire based on a reference from the President. Such reference may be made by the President on his own, or on a citizen’s petition if the President is satisfied by it, or on a petition signed by 100 MPs.

Officials of Lokpal:
There are three important officers of Lokpal. They are appointed by Lokpal Chairperson.
  • Secretary to Lokpal
  • Director of Inquiry
  • Director of Prosecution
There is one secretary appointed by the chairperson from a panel of names sent by central government. Active wings of Lokpal are as
  • Inquiry Wing of Lokpal
According to the act, the Lokpal would constitute an Inquiry Wing, which is to be headed by Director of Inquiry. Its function is to conduct the preliminary inquiry into any offence alleged to have been committed by a public servant punishable under the Prevention of Corruption Act, 1988.
  • Prosecution Wing of Lokpal
According to the act, the Lokpal by notification would constitute a Prosecution Wing. This wing will be headed by the Director of Prosecution for the purpose of prosecution of public servants.

Jurisdiction of lokpal:
A Lokpal can enquire into offences under the Prevention of Corruption Act, 1988 (PCA) committed by:
  • the PM with specified safeguards.
  • current and former Union Ministers.
  • current and former MPs.
  • group A, B, C, D officers.
  • employees of a company, society or a trust set up by an Act of Parliament, or financed or controlled by the central government.
  • employees of association of persons that (i) have received funding from the government and have an annual income above a specified amount; or (ii) have received public donation and have an annual income above a specified amount or received foreign funding above Rs 10 lakh a year.
  • An inquiry against the PM has to be held in-camera and approved by a 2/3rd majority of the full bench of the Lokpal.  The PM cannot be investigated if the complaint is related to international relations, external and internal security, public order, atomic energy and space.
  • The Lokayuktas shall have jurisdiction over the CM, Ministers, MLAs, all state government employees and certain private entities (including religious institutions).
Powers of lokpal:
1) It has powers to superintendence over, and to give direction to CBI.
2) If it has referred a case to CBI, the investigating officer in such case cannot be transferred without approval of Lokpal.
3) Powers to authorize CBI for search and seizure operations connected to such case.
4) The Inquiry Wing of the Lokpal has been vested with the powers of a civil court.
5) Lokpal has powers of confiscation of assets, proceeds, receipts and benefits arisen or procured by means of corruption in special circumstances
6) Lokpal has the power to recommend transfer or suspension of public servant connected with allegation of corruption.
Loop  holes in  Lokpal:
  • Firstly it is not free from political influence as the appointing committee itself consist of  parliamentarians.
  • There is no criteria to decide who is an ‘eminent jurist’ or ‘a person of integrity.’ Thus, this appointment can easily be manipulated.
  •  the act provides no concrete immunity to the whistle blowers. The provision for initiation of inquiry against the relainant if the accused is found innocent will only discourage people from complaining.
  •  there is no foolproof way to determine whether the person who is appointed as the Lokpal will remain honest throughout.
  • The Lokpal is also not given a constitutional backing. 
  • There are no adequate provisions for appeal against the Lokpal. 
  • The powers, composition and scope of Lokayuktas do not find any mention of the act. 
 Conclusion:
The  institution of Lokpal  in India is a great landmark  to curtail the corruption, but there is a long way to go to  ensure transparency in system. So battle against corruption are still on and yet to reach its destination.

Friday, March 15, 2019

How to Apply for Voter ID Card Online : India


If you don’t have a voter identity card, you aren’t eligible to cast your vote in India.


You need to have a voter ID card and your name should be present on the voter list. It’s quite easy to get a voter ID card in India even you can apply online. Before you do that, you’ll need a few documents.

Documents Required:
To get a voter identity card, you need two types of documents, which you can scan and upload. These are as follows:

1. Age proof document, such as the ones listed below:
  • Birth certificate issued by municipal authorities or district office of the Registrar of Births & Deaths or Baptism certificate.
  • Birth certificate from the school (Government / Recognised) last attended by the applicant or any other recognised educational institution.
  •  If a person in class 10 or more pass, he should give a copy of the marksheet of class 10, if it contains date of birth as a proof of date of birth.
  • Marksheet of class 8 if it contains date of birth.
  • Marksheet of class 5 if it contains date of birth.
  • Indian Passport
  • PAN card
  • Driving License
  • Aadhar letter issued by UIDAI

2. Residence proof document (such as those listed below) will also be need to get a voter ID card:
  • Current bank passbook / kisan passbook / post office current passbook.
  • Ration card
  • Indian Passport
  • Driving License
  • Income tax assessment order
  • Latest rent agreement.
  • Latest water / telephone / electricity / gas connection bill for that address, either in the name of the applicant or that of their immediate relatives such as parents..
  • A passport-sized photograph.

Once you have gathered all the required documents, you need to start the process of application online. Follow these steps to apply for a voter ID card online:

  1. Go the to the National Voter Services Portal.
                          https://www.nvsp.in

2.Click Apply online for registration of new voter / due to shifting from AC.    

Alternatively, you may directly go to the NVSP Form 6 page.

3. Select language from the drop-down menu at the top and then fill in all the details requested.



This includes your name, age, address, etc. 
You’ll also have to upload the relevant documents as mentioned above.

Once you’ve filled up the form, double-check everything and then click Submit  at the end of the page.
Now you will receive an email with a link that lets you track your voter ID application status. It may take around 30 days for your application to be processed and for a voter ID to be issued.

There are some common questions about voter ID online applications we’ve tried to answer below.

Can anyone apply for voter ID online?

 Anyone above the age of 18 can apply for a voter ID online in India. However, some persons are not eligible to be on electoral rolls. This includes those who have been declared to be of unsound mind by a competent court; or prisoners; or disqualified from voting due to election related offences or other corrupt practices, among other reasons.

What is the minimum age and maximum age for applying for a voter ID card?

The minimum age for applying for a voter ID in India is 18 years. Note that you can’t be registered as a voter if you aren’t 18 years old on January 1 of the year the elections are held. You’ll have to wait for the next calendar year to vote. There is no maximum age for applying for a voter ID. Anyone above the age of 18 is eligible to vote unless they fall under the exceptions mentioned above.

How can NRIs apply for a voter ID card?

NRIs or Overseas Citizens of India can apply
for a voter ID online by filling Form 6A on  the NVSP website.

How to register to voter ID offline? 
You can also enroll offline. Fill two copies of form 6.This form is also available free of cost in offices of Electoral Registration Officers / Assistant Electoral Registration Officers and Booth Level Officers.The application accompanied by copies of the relevant documents can be filed in person before the concerned Electoral Registration Officer / Assistant Electoral Registration Officer or sent by post addressed to him or can be handed over to the Booth Level Officer of your polling area.Call 1950 for any help (Please add your STD code before 1950).. For more information read the Voter Brochure on
                        http://ecisveep.nic.in/.

Deadline & Key Dates: 
Voter list is continuously updated till the last date of filing of nominations by the candidate. This is approximately 3 weeks before the polling date. Lok Sabha elections are scheduled from 11 Apr – 23 May, 2019.

Phase 1 - 11th April 

Phase 2 - 18th April 

Phase 3 - 23rd April

Phase 4 - 29th April 

Phase 5 - 6th May

Phase 6 - 12th May 

Phase 7 - 19th May

Election results will be announced on 23rd May. Please note Andhra Pradesh, Arunachal Pradesh, Orissa and Sikkim Vidhan Sabha elections will be held in parallel to Lok Sabha Elections.

So if you don't have voter ID & you are  eligible please apply for it  & also aware your family,  friends & society.

Sunday, March 10, 2019

Indian : EVM & Elections

EVM as we all know stands for electronic voting machine.This machine is designed by Mr. Rangarajan in supervision of Sujatha Rangarajan during his tenure at Bharat Electronics Limited.

 
        The EVM were commissioned in 1989 by Election Commission of India in collaboration with Bharat Electronics Limited and Electronics Corporation of India Limited. The EVM were first-time used in 1982 in the by election to North Paravur Assembly Constituency in Kerala. In 1998 it is used in 16 Assembly seats in MP, Rajasthan and Delhi. The EVMs were entirely used first time in general election to the Assembly of Goa in 1999; encouraged  by this Election Commission decided to use only EVMs for Lok Sabha election in 2004.

Design & Technology:
             EVMs are powered  by an ordinary 6 volt alkaline battery. An EVM can record a maximum of 3840 votes and can cater to a maximum of 64 candidates. There is a provision for 16 candidates in a single balloting unit and up to a maximum of 4 units can be connected in parallel. If the number of candidate exceeds from 64 than conventional ballot Paper box method is used.

Benefits: 
              The cost of per EVM is estimated to be 10500 rupees in 2017. Even though the initial investment was heavy but it save the cost of production and printing of crore of ballot papers, their transportation, storage, substantial reduction in the Counting Staff and the remunerations paid to them. It is estimated that about 10,000 tons of the ballot of paper are saved for each National election. Other advantages are:

  •  Easy to transport.
  •  Easy to carry.
  • Bogus voting is reduced.
  •  Vote counting is fast.
  • Illiterate people find it easy to use.
EVM  Tempering : is it possible ?
   
According to me all machines are designed to be controlled by human beings. If a machine cannot be manipulated, then it is of no use. The question is whether a machine lends itself to be manipulated illegally. In the last few decades, we have seen even highly secure and complex Nuclear Technology or Space Technology being illegally proliferated. 


I always wonder, what gives Election Commission or non-experts sitting and blabbering in TV studios the idea that an EVM cannot be tampered with. On the one hand, we are proud of our scientists that they can manipulate machines sent to Moon and Mars sitting on earth and on the other hand they insist confidently, without an iota of doubt, that EVMs cannot be and are not being manipulated. Iam providing a link  below to overview the tempering of Indian EVMs by US based scientists:
                  https://indiaevm.org
Hope  you check the  above  link and find  answers  to all of your queries  regarding EVM.


Countries that have banned/refrained the the use of EVMs:

1. Germany :
              In Germany, Electronic Voting Machines (EVMs) have been termed as unconstitutional and has been banned as  EVMs have been prone to hacking and are declared as unfit for political use.
Two voters brought a case before the German Constitutional Court after unsuccessfully raising a complaint with the Committee for the Scrutiny of Elections. Following this complaint, the German Constitutional Court banned the use of voting machines.


2. Netherlands:
              The Netherlands is another country that has questioned the use of EVMs. The country banned the use of EVMs stating that it lack transparency. This decision was taken by the Dutch council in 2008 after people questioned the authenticity of the voting machines. Dutch TV carried a story where one change the EPROM of the Nedap voting machine changed the output making people question its credibility.
3. Ireland:
                Ireland spent millions of dollars on the installation of EVMs and to use them during the political elections. However, after spending more than 51 million pounds for three years, Ireland went forwards and scrapped the electronic voting system citing  lack of trust and transparency in the voting machine.
4. England:
                England has had various pilots for the electronic voting system to be used. However, these pilots have never led to the use of EVMs in the country. England is one of the few countries that has stayed away from the modern methods in political elections, and the government plans to continue on the same path. In January 2016, the UK Parliament revealed that it has no plans to introduce electronic voting for statutory elections, either using electronic voting in polling booths or remotely via the internet
5. France:
               Electronic voting was used in a national presidential primary in 2007. While the country has chosen to vote via the internet, EVMs have not been used in France. Elections in France utilised remote Internet voting for the first time in 2003, and this idea was made a custom in 2009 as people chose the internet voting system over paper.
6. Italy:
             In 2006, Italy used Nedap Voting machines in the national elections. The pilot project involved 3000 electors and four polling stations. However, after the pilot project was completed, the country chose to go back to paper as it is easy to manage and cheaper.

While these countries have banned or refrained from using EVMs, there are others who have taken a systematic approach and backed the use of EVMs with paper ballots. In various parts of the United States of America as well as in  Venezuela EVMs are used on a large scale but are backed by paper trails of the votes. This simple step helps the government to regularize and check the authenticity of votes and avoid any discrepancies.
Now  in India  due   to raising questions regarding  tempering  of  EVMs the  Supreme Court of India directed the Election Commission to upgrade all  EVMs to EVM-VVPAT machines.

What is VVPAT and how is it different?
       Voter Verified Paper Audit Trail (VVPAT) machine is not a separate voting system, as often misunderstood. It is only an extended feature of EVM.

             VVPAT is attached to the EVM. Once a voter presses a button on the EVM, VVPAT prints the details on a paper slip. The slip contains the name of the candidate and his party, through which a citizen can verify his/her vote.

  In all the 2019 Lok Sabha  elections  EVM-VVPAT machines  are used to ensure transparency & to save democracy in India..



In the end I just simply want  to say that when people become corrupted & blind followers what ever method is used it is proliferated. Democracy depends only on the people of nation, it never depends on government officials.. Democracy  is ruled by intellectual voters not by blind supporters.

Sunday, March 3, 2019

War : India & Pakistan

The word War is attention seeker in itself, as when most of you read the title War : India & Pakistan on your laptop or mobile screen, you click it without thinking for a second. The meaning of War changes from person to person, this word has no single meaning, for example for someone it means bravery, strongness & dominance, for others it means destruction, loss of Manpower, bed of dead bodies and sinking of human race. The people who know the latter meaning of War always opposes it while those who know earlier meaning call them  coward or  weak.
 But actually war always leads to destruction and no one is benefited with it.  You can check history of all the past wars. To justify above lines I would like to quote the poem of Raghuvir Sahay; a well known Hindi Poet and story writer (source Wikipedia):

 




After reading the above poem one may easily imagine the consequences of War. On both side of LoC between two countries the most of soldiers come from middle to poor class families. Before going to war no one ask from the soldiers about their views on war.  It's true that war is part of their duty but war is not the ultimate thing they want to go.

For the sake of nation soldier fight on LoC but for the sake of fame of money the politician and media uses their bravery. In my opinion in India neither politician seems to be uplifter of democracy nor media, although the exceptions are always there. Most of media anchors and politicians are debating for war with Pakistan but no one asking the views of soldiers who are going to fight that war. Only a piece of paper ordering them for a fight is enough for them to give their life for nation but is this country take care of  soldiers family after his death?

 Is politician or media are  helpful in connecting soldiers family situated at a rural village with that of main city?




 Is our government taking full responsibility of education and health of braveheart's children not on papers but at ground level?
At present answer is no. So why media or politician taking the decision about the war on sitting in an air conditioned room, why they are provoking common people for war.
 In the end I just want to say it's our responsibility to decide which is better way to deal with corrupted politicians and media.



As it's time to rethink on the soldiers life and his family before thinking about the war which is a last weapon of democracy.